Original subtitles

[theme music]

[music continues]

[instrumental music]

[gun fire]

[music continues]

[music continues]

Headed for Elgin, friend?

Uh, looks that way, doesn't it?

Road you're on, goes right by Elgin.

Yeah, well, this trial is about seven or eight miles shorter.

Still I don't think I'd recommend it, friend.

- Really? - Big hunting party up ahead.

We wouldn't want a stranger getting himself hurt.

I appreciate it.

After a week in the saddle, this, uh, trial suits me fine.

Alright, go ahead.

- It's your neck. - Much obliged.

[instrumental music]

[gun fire]

[instrumental music]

[gun fire]

Hey! Hey! Hey!

Hey! Hey! Hey!

You eagle eyes see any horns on these horses?

What do you gotta do?

Paint signs on the livestock

in this valley?

[horse neighing]

[music continues]

Come here.

Come here.

[dramatic music]

Hold it right there.

Now, don't be afraid, I won't hurt you.

A little hungry, huh?

I've got plenty of food. You take what you need.

What are you? Kiowa?

Shoshone?

Don't be afraid.

[instrumental music]

[gun fire]

[music continues]

[music continues]

I'm not one of the hunters.

I'm not after you.

[music continues]

What do I got to do to make you understand?

I'm not trying to hurt you. I'm not one of the hunters.

I'm trying to keep you from getting shot.

I think we both can use a drink of water, huh?

Gustaveson: Dolby!

You like shooting up the scenery, Dolby?

He's hidin' down there somewhere, Mr. Gustaveson.

I've got both ends of this place covered.

No use wasting cartridges

until you get a clean sight on your target.

Then what will we do when it gets dark?

I think...

this will flush that animal out in the open.

What's the matter? None of you got a match?

Oh, we just never hunted anything with dynamite before.

I think it's only fitting and proper.

That powder belonged to my brother.

Now, space yourselves out. And one at a time, Dolby.

There's 20 rifles on the opposite ridge.

All we have to do is keep him running.

[explosion]

First class sportsmen, your friends.

We better get out of here.

[explosions continue]

You don't hear it, do you?

You don't hear anything.

[instrumental music]

[horse neighing]

[music continues]

Ah! Come.

What are you doin' here, mister?

I'm trying to stay alive.

We're looking for an Indian.

- Have you seen him? - One Indian?

You sure you got enough equipment?

I asked you a civil question, son.

Well, I've been shot at and bombed

and nobody's been civil enough to tell me why.

We're wasting our time here, Mr. Gustaveson.

Slow down, Dolby.

I'm sure the stranger would cooperate

if he understood.

We're hunting the Indian for a brutal senseless murder.

Are you positive you got the right Indian?

You know, any mistake would be kinda permanent.

No mistake, son.

My brother identified the murderer...

just before he died.

Both of the ranchers know what he looks like.

Been carrying off their sheep and chicken

for quite a while now.

Which one of you is the sheriff?

We don't need the law to hunt a rabid animal.

- You'd do for a human being. - Human being?

Do you know how my brother was killed?

With an axe. His own axe.

You can see why I'm gonna have to insist

on an answer to my question.

- He's only a boy. - Where is he?

Down below. Hiding near the creek bed.

Maybe you better come along with us.

Show us the way.

No, thanks.

There's a deer trial leading down to him.

Let's go.

[dramatic music]

[music continues]

[music continues]

[music continues]

There's no reward. At least not yet.

I'm not a bounty hunter, sheriff.

Then why did you bring him in?

Well, now, what chance would he have against 20 rifles?

Well, it might've been kinder.

Quick and clean is the best way with wild animals.

Well, so he's deaf.

There may be nothing wrong with his mind.

- You a doctor? - I work at Shiloh Ranch.

That's a long ways from Elgin.

I was up north scouting a trial for a cattle drive,

later this month.

If you got any more questions, sheriff, I'll be at the hotel.

Boyd: Well, you may get a bed, and then again, you may not.

You know, Burt Gustaveson was about the most loved

and respected man in this piece of territory.

I met his friendly brother.

Then don't expect too much from this town, Tate.

All I expect is a fair trial for this boy.

I don't think anybody figured

that Indian was gonna live the trial.

Including you?

Burt was my best friend.

He is gonna get a fair trial, isn't he, sheriff?

Room and board is all he gets from me, mister.

Trials are up to Judge Fitzroy.

Come on.

Move it.

Where can I find Judge Fitzroy?

During business hours, mercantile dry goods store.

I can smell water. 30 or 40 feet deep.

My willow stick pointed right at it.

It's a God-given gift.

Look around you.

It's gonna be another dry year

and you're worried about your cattle dying,

your floods dryin' up and blowin' away.

Well, I'm willing to share my divine gift

with you, forsaken people, for a small price.

Hey, mister!

You heard of water witchers, ain't ya? People with the gift?

Tinker: Wouldn't you like cool, fresh water on your property?

Ah!

I can find fresh chutes, deep wells,

underground rivers.

If there's water anywhere,

I'll find it, with just this simple willow stick.

When that turns over and points to the ground

with enough power to twist a bark in my hands,

I'll guarantee you there's water right there.

The way you described it, I think it would be beautiful.

Yes?

I'm looking for Judge Fitzroy.

Uh, for court business or dry goods?

It's court.

Excuse me.

[clears throat]

Uh-huh.

- Are you Judge Fitzroy? - Yes.

Judge, under Wyoming law, shouldn't capital offences

be tried by circuit court?

Well, only if, uh, local court waives jurisdiction.

Unless, of course, a federal law is broken.

What if the charge is murder?

Fitzroy: Well, a murder only becomes a federal crime

if a federal officer is killed.

You got an Indian boy in your jail.

Will you waive jurisdiction on him?

- Are you a lawyer, young fella? - No, sir, I'm not.

Then you must be the one who brought him in.

Tate: I just want to see that his legal rights are protected.

That animal will get everything that's coming to him.

How do you know he's guilty? It could've been self-defense.

I knew Burt Gustaveson.

Well, he could've drew a gun on the boy.

My uncle never carried a gun in his life.

The day that he was killed, he was trying to deepen

an old dried-up stream bed,

so that the ranchers would have more water next year.

While the other ranchers were worried about a drought,

my uncle was doing something about it.

And not because anybody asked him to either.

He just always was helping people

because that's the kind of man that he was.

Ms. Gustaveson. Karen!

You just cost me a cash sale.

Well, now, that's almost as important

as that Indian boy's life.

Oh, he'll get a just and fair hearing in my court.

Then you won't mind if it's a jury trial?

Not at all. No problem rounding up 12 local citizens.

Who's the best lawyer in town?

We've only got one. Alex Newell.

His office is right next to the hotel.

[instrumental music]

You don't really think he's innocent, do you?

I don't know. Maybe nobody knows for sure, except that boy.

Mr. Tate, you just admitted the boy

came at you with the same axe.

Well, out of panic.

He thought I wanted to kill him too.

First, you have to prove to the court

that the boy is capable of thinking.

Mr. Newell, Indians are wards of the federal government.

Tate: Now, doesn't that mean he has to be tried

by a federal judge?

It only applies to Indians living on a reservation.

Indian Act, Section 38.

You seem to know a bit about law.

Not enough, Mr. Newell.

That's why I came to you. I want you to defend the boy.

Sorry, I can't do that.

What? I suppose Mr. Gustaveson was your best friend too.

No, but this town pays me a yearly fee

to prosecute all criminal cases.

It's my job to convict him.

Well-- well, then where can I find a defense attorney?

Here's a list of all the attorneys

in this section of the territory.

The nearest one is three days ride from Elgin.

You may keep the list.

Thanks.

Thank you for telling me the boy had the axe.

I may call on you to testify.

[indistinct chatter]

District Court 7, Elgin Township is now in session.

Will the fellas I picked for jury duty move over here?

Fitzroy: We're here to arraign and try one John Doe Indian.

Sheriff, bring in the prisoner.

Boy, turn him around and have him face the court.

John Doe, you are accused of the willful murder

of Bertram Gustaveson.

Fitzroy: On or about, uh, Saturday morning last.

How do you plead?

How do you plead? Guilty or not guilty?

[panting]

Judge, anybody can see the kid's a deaf mute.

Tate: He doesn't even know what you're doing to him.

Well, do you have any suggestions, Mr. Tate,

as to how the court can communicate

with that wild animal?

No, I don't. But I do know he has a legal right

to have somebody to speak for him.

Fitzroy: Meaning yourself.

No, but I'm asking for a postponement

to find a defense attorney for the boy.

[scoffs] Mr. Tate,

no attorney in his right mind would ride all the way to Elgin

to defend something like that.

All I'm asking is time to try.

[indistinct chatter]

[gavel pounding]

I don't see that justice would be served

by dragging this thing out.

These people have businesses to run.

Maybe it's better he didn't hear that.

He'll never know his life wasn't worth this court's time.

And when you hang him, at least, he'll die

thinking he's a human being.

Fitzroy, are you gonna let this stranger run your court?

Now, we pay you for justice.

And in my brother's name, I'm gonna see we have it.

Mr. Gustaveson,

with all due respect for the deep emotions

aroused by this tragedy, this is a court of law,

my rulings must be based only on legal statutes.

Judge Fitzroy, may I say something?

I don't see why not, Karen. Everybody else is.

I don't think that the court has a choice.

The Sixth Amendment is one of those laws.

And I believe that it states that the accused

shall have the right of council for his defense.

Fitzroy: The court is not denying him that right.

I'm willing to offer anyone in town

to represent this murderer.

Now, if any citizen wants to step forward

and assume that responsibility, step forward.

Alright, now, let's get on with it.

Your Honor, the prosecution has to agree with Mr. Tate.

Mr. Newell, didn't you hear my ruling?

Then the prosecution makes a motion for postponement,

so that it may better prepare its case.

Fitzroy: Well, that's a different cut of cloth.

The court will grant a five-day postponement

on one condition, Mr. Tate.

That, if you fail to find an attorney,

you agree to represent the defendant.

I'm not qualified.

Well, you haven't done too badly so far. Agreed?

I agree.

Court is adjourned till Monday morning, 9 o'clock.

[strikes gavel]

[crowd murmuring]

That shirt's a little big on him.

I'm afraid he won't have it long.

You take care of him, you hear?

I will.

[instrumental music]

Ms. Gustaveson.

Any luck?

No.

[sighs]

Looks like the judge was right.

No one was willing to even take the ride out here

for what I could pay.

Well, the judge isn't always right, you know.

Well, take a look at these.

Looks like the boy won't have anybody.

No one except you.

Seems you're the only one left.

How can I help?

I don't even know his name, where he comes from, anything.

Well, you might ride out to Shoshone Reservation

and talk to Chief Te-Tonka.

He might be able to tell you something.

[instrumental music]

I'll give it a try in the morning.

[instrumental music]

[cows mooing]

Uh, nice beef you got there.

We are learning.

Someday my people must live by the new ways.

- Are you Chief Te-Tonka? - I am called Spotted Hand.

Maybe you can tell me if the Shoshone have had a runaway.

A boy, about sixteen.

Many have left the reservation.

Well, this one can't talk.

He is no longer of this tribe.

Well, he needs help.

I thought the Shoshone always

took care of their helpless ones.

The Shoshone do not say crazy

and hide them away from their family.

Spotted Hands: It is our law not to punish them,

but to keep them from the cold and hunger

for they are children, touched by the great spirits.

Is the white man's law better?

Well, I hope. We're learning too.

Can you tell me when the boy ran away?

He did not run from here.

It was the will of our tribal council.

Then, he was sent away from the reservation?

He would strike the other children.

When he grew tall and strong, no one was safe from his anger.

Spotted Hand: Many were hurt. It was forbidden to bind him.

Yet, the tribal council is the protector of our people.

When he was among us for 15 summers...

they took him far away

to the high rocks,

and gave him three days' food.

He was left there to die?

High above the tall trees and in the face of the spirit.

Because he could not call out and asked to be taken.

Well, he's still one of your people.

He needs your protection.

To the Shoshone, he no longer exists.

Spotted Hand: Not even Chief Te-Tonka

could change the will of our council.

Can you at least tell me the boy's name?

Do you know the white man's name for your boy?

They call him the animal.

[instrumental music]

I wanna see the boy.

No visitors.

Well, I'm not a visitor. You're looking at the defense council.

I'd like a conference with my client.

Well, if we're going by the rules,

then you have to put your gun belt on my desk.

Wait here, I'll put the cuffs on.

[sniffs]

What are you doing? Let him alone.

Listen, you may be able to tell Fitzroy how to run his court,

nobody tells me how to run my jail.

Look at him, he thinks you're gonna hurt him.

Alright, counselor.

You can have your conference inside.

Nobody is gonna hurt you.

I brought you something.

It may be stale, but it's, it's all they had.

Go on.

I got to make you understand...

I wanna help you.

Tate: But now you got to help me.

Now, there was an axe.

An axe.

An axe.

Chop wood.

Wood.

Cho...

Sheriff, can I have some paper and a pencil?

What for?

I'm trying to get through to him somehow.

Maybe if I-- if I draw him some pictures,

he'll-- he'll understand.

An axe.

You again? Don't you ever give up?

What are you doing with him?

I want him to examine the boy.

I'm not gonna do no such a thing, not that killer.

Now, do I have to get a court order?

There, you might as well do what he says, doc.

Or else, none of us is gonna get any peace around here.

Well, I'll look in if you can get his jaws apart.

Well... nice set of teeth.

Dr. Houseman: There...

Ah...

Vocal chords are unremarkable.

Ah...

Now there...

No obvious... reason why the boy can't talk

if he has a mind to.

How can we check his hearing?

Well, I'm gonna get around to that right now

with this tuning fork.

[tuning fork rings]

Dr. Houseman: See any reaction in his eyes?

No.

Well, now I'll put this right up against

the mastoid bone, behind his ear.

[tuning fork rings]

Dr. Houseman: Maybe he'll hear some of the vibration.

[tuning fork rings]

You know, sound is vibration in air.

You know that, don't you?

That bone will carry the sound right to the inner ear.

Dr. Houseman: Put that right there.

You didn't strike it that time.

Well, I know.

You have to get him used to

the feel of it first.

Come on now.

Otherwise we couldn't judge his reaction to the...

to the sound.

It's alright now.

It's alright.

It's alright.

[tuning fork rings]

[tuning fork rings]

[tuning fork rings]

What do you think?

Well, now it just might be that there is...

nothing wrong with the boy's mind or his...

his voice.

Could be that having never heard a human voice,

makes it right difficult to learn to talk.

How can we tell for sure?

We can't.

Doctor, I have heard that some deaf people have been

taught to speak.

Well, now, Mr. Tate, that'd... take quite some time

and this... this boy's got a very short life expectancy.

I... do seem to remember that the local school teacher...

did work with some... deaf children

when she was a student at some fancy Eastern College.

You might give that a try.

Thanks, doctor.

Boyd, come get me out of here.

[instrumental music]

[instrumental music]

Can I speak with you, ma'am?

Well, I know how you must feel about me, Ms. Gustaveson, but...

Well, I need your help.

Well, if it's about that Indian boy, I can't help you.

Then why did you speak up for him in court?

It's one thing, Mr. Tate, to expect a fair trial.

That's common decency.

But it's quite another to... actually help the man

who killed my own uncle escape justice.

What kind of justice would it be to convict that boy

without hearing his side?

You said that he can't talk.

Well, that doesn't mean we can ignore his side of it.

Is he to be guilty because he's deaf?

Or because his defense counsel is too ignorant to help?

I thought he was rather ably represented

at the arraignment, Mr. Tate.

Well, it was you that quoted book

and verse of the law to that judge.

It was you that got him that postponement.

Well... a teacher can't help remembering things.

Did you attend law school?

I got my schooling in... territorial prison.

I'd like to wear the print right off those law books.

But it didn't get my sentence reduced one day.

Is that why you've taken such an interest in the boy?

I know what it's like.

Having everyone think you are a crazy killer,

to feel ignorant and alone.

Facing a know-it-all judge, not knowing what to do or to say.

Just standing there, being framed.

But at least I could talk back...

even if nobody believed me.

Were you guilty?

Yes, I was.

Not in the way they said, but all the same, I was.

You're asking me to go against my own family.

All I'm asking you to do is, help a boy who may be innocent.

Help a boy who, maybe, shouldn't have to go to prison.

You don't know what it's like.

You have to be there.

It's bad enough for any normal man.

But for him...

A boy who can't even hear or talk.

They call him an animal now.

Tate: In prison, he'll be an animal,

locked up in a cage for the rest of his life.

Help me find a way, to reach his mind.

Teach him a word.

All I want you to do is get that boy to stand up in court

and tell them one way or another.

Let him stand up like a... thinking being.

Let him stand up and defend himself.

Even with a nod of his head.

Let him be a man...

instead of...

Instead of what they call him.

[instrumental music]

I wish my class had heard that.

Counselor...

would you accept a junior member into your firm?

Why don't you just take up residence here?

Time was when shaving was a... private ritual.

Oh, uh, by the way, Mr. Newell left some books for you.

And, uh, Doc Houseman said you wanted this.

- Thanks. - You're welcome.

Music?

Well, it's an idea I got from Dr. Houseman.

He can hear this in a way, through the bones in his head.

Come on, son.

The way you can train a wild colt,

you gotta get his attention.

[tuning fork rings]

What if one touch meant yes?

And-- and two meant no?

He might respond to sound.

[tuning fork rings]

Smile, nod your head, yes.

You know, yes.

Yes. Yes. Yes.

[tuning fork rings]

Once again.

Yes. Yes. Please, yes.

Yes. Yes.

- Yes. - Yes.

[tuning fork rings]

Yes. Yes. Yes. Yes.

Karen: No. No.

Karen: No. [sighs]

Karen: No.

Karen: No. No.

How's he doing?

I don't know. Sometimes I feel like he...

Just keep trying.

[tuning fork rings]

No. No.

No.

[tuning fork rings]

No.

No.

[tuning fork rings]

Karen: No.

Tate, I think he's doing something.

[tuning fork rings] Try yes.

Yes. Yes.

Yes. Yes. Yes.

Tate, he's doing it. He's doing it.

Good boy. Good boy.

Now, we gotta give him a name.

Adam.

Why that one?

It's from Milton.

"And the angel ended.

And in Adam's ear, so charmingly left his voice.

That he awhile, thought him still speaking.

Still stood fixed to hear."

Alright. Adam.

Good.

Hey... I think he wants the tuning fork.

[tuning fork rings]

[tuning fork rings]

[tuning fork rings]

[tuning fork rings]

[tuning fork rings]

[instrumental music]

I wouldn't lie to you about a thing like that, Mr. Gustaveson.

They went in there together, huh?

As far as I know, they're still in the jailhouse.

- Was Boyd there? - In and out.

Looks like he just seemed to give them the run of the place.

My brother isn't even cold in his grave,

and already Tate has half this town weeping for that...

murdering animal.

We could burn it down.

- Burn what down? - The jailhouse.

Oh, forget it, Dolby.

That $20 a month sheriff is liable to, uh...

take it personally.

Drop a load of 12 gauge in your vest.

We got three of your hands on the jury.

That's not enough... for a hanging verdict.

Could whittle the odds down some.

The odds. Twelve to zero would suit me better.

Dolby...

you tell all those jurors that if anyone votes

not guilty on Monday, they may never see Tuesday.

Not in Elgin.

[instrumental music]

What's that?

Well, I'm gonna try and show him some more pictures.

Maybe, this time, he'll understand.

Is that supposed to be Adam leaving the reservation?

I get paid for punching cows, not art drawing.

[laughs]

You're full of surprises, Tate.

In fact, I think you're dangerous.

To?

To me.

Karen: You had so much faith in Adam.

And you cared enough about him to take on the whole town.

A woman doesn't expect to find that in a man.

Karen: She hopes, but--

You know, I spent ten years behind bars.

Maybe you ought to know why.

Tate, credit me with a little faith too.

I've watched you.

And that's all I need to know.

Well, I brought you some more drawing paper, Tate.

Ah, thanks.

Let's give it a try.

You.

Adam.

You.

You. Adam.

Right.

He understands.

Maybe. Let's try another one.

Tate: You. Adam.

They left you on a mountaintop.

[instrumental music]

Tate, why would they do that to him?

Adam fought the other Shoshone children.

They probably laughed at him and...

that's the only way he could talk back.

You, Adam.

Did you hit the man?

With the axe?

H-- he doesn't understand. He doesn't.

Yes, he does, Karen.

Ask him again.

Adam, did-- did you kill the man with the axe?

Tate, I'm sorry. I know how much you wanted to help him.

I wanted to help him too.

We still don't know if it was murder.

Adam could've acted in self-defense.

Tate, don't you ever give up?

Well, they could've had a misunderstanding or a quarrel.

My uncle wouldn't fight with a deaf boy.

No, Tate. I'm sorry. He's guilty. He admitted it.

Alright. Say it was true murder.

But isn't that boy still entitled to a defense?

Yes, he is. But not from me.

I lived up to my part of the bargain,

but I can't be expected to defend the man

who killed my own uncle.

Alright, alright. But what was that little quote of yours?

The accused shall have the right to counsel for his defense.

Does that say he has to be proven innocent first?

No, it doesn't.

And I may be wrong too.

Because I loved my uncle.

And I know the kind of man that he was.

If family loyalty is prejudice to you, Tate,

then I am prejudiced, and I'm proud of it.

[instrumental music]

Looks like you've been locked out, Tate.

Anyhow, there's uh...

no reason for a big trial now.

Is there?

[music continues]

[sighs]

Boyd Dewey told his wife what happened last night.

And she went out and told the whole town.

You know... about that animal admittin' his guilt.

Guess, you'll be leaving Elgin now.

Don't bet on it.

Saddle up, Tate. You're riding out.

There gonna be no fancy trial.

I promise you, the biggest, the fanciest trial

this little old town of Elgin's ever seen.

[grunts]

[groans]

Newell!

Good evening, Mr. Gustaveson.

What's going on over at the jail?

I saw you talking to my daughter.

Oh, uh, Karen wanted to borrow some of my books.

Uncommonly generous, Mr. Prosecutor.

Only a professional courtesy.

No doubt.

Professionally speaking, Alex...

that animal got any real chance of gettin' off?

If Tate pleads not guilty

by reason of insanity, I'm not sure.

We all know that's a crazy Indian in there.

That's what I mean.

Tate! Where've you been? I've been looking every place.

What happened to your face?

Some small town hospitality.

Ah. [scoffs]

I see you've picked up a souvenir.

- Uh-huh. - You wanna press charges?

Uh-huh. Against the whole town.

Got new rules, Tate.

You have to do your conferrin' outside the cell.

But he stays inside.

Why?

Well, that's not safe.

You proved he's a killer.

[instrumental music]

Dolby, we're gonna save the taxpayers an expensive trial.

The sheriff, he's gonna be busy tonight.

I predict a fistfight is gonna break out in the saloon.

There's gonna be some shooting too.

That'll be heard from one end of this town to the other.

No gunplay at the jail.

But you know what happens when you open an animal's cage?

He runs, Dolby.

[dramatic music]

[instrumental music]

Take it easy, boy. I ain't gonna hurt you.

Two choices, Tate.

Now, a quick answer or a short prayer.

Boyd: Where is the Indian?

I don't know what you're talking about.

[cocks gun]

Now you're down to one.

Tate! Tate, Adam's gone. The door was...

First rate timing, Ms. Gustaveson.

Sheriff, you've gotta believe us. There isn't time.

I admire your style and all, but I...

I think you better go home to your pa.

That mob out there isn't gonna believe Tate either.

[mob clamoring]

Move. Move.

He's mine.

But I'll need a posse to track that Indian.

Who's to all volunteer?

I want you to get your horses and your supplies

and meet me at the jail in five minutes, ready to ride.

Now, listen, the longer we stand here jawing,

the bigger head start he's gonna get.

Let's go.

[dramatic music]

Owen: Dolby, maybe that animal already got through here.

We keep watchin'.

Got every road and trail covered.

Yeah. Well, maybe he ain't coming through here at all.

Dolby: Shut up, will you?

He'll never come this way if he hears you jawin'.

He can't.

He's stone deaf, remember?

Well, shut up anyway.

[horse galloping]

See anything?

Whoever he is.

He's riding Indian style.

[gun fire]

[galloping]

[dramatic music]

[music continues]

[grunting]

[groaning]

Dolby!

Dolby, where are you?

Answer me, he can't hear us.

Dolby!

[music continues]

Dolby!

[grunting]

[grunting]

[galloping]

Well, Boyd, I think you can figure this out for yourself.

Well, looks like I have to get myself a bigger jail.

[instrumental music]

[Karen screaming]

[door opening]

[music continues]

The tuning fork.

Give it to him.

[tuning fork rings]

[tuning fork rings]

[instrumental music]

No, Adam, tell us about the murder.

Tell us about the axe.

Sheriff, I thought you promised me some privacy with my client.

Just as long as you follow the rules, counselor.

Adam, tell us, about the axe.

I think it's working.

He knows what we want him to tell us.

Struggling with the axe, I think.

Good boy, Adam. Running.

Karen: Good.

Why does he keep repeating that?

Adam, no, the axe.

Tell us about the...

- Adam, the man with the axe. - Adam.

The axe, tell us about the axe.

Why does he keep repeating that?

[sighs]

Maybe it's something that happened on the reservation.

His mind works, but we're just asking too much of him.

No, Adam knows exactly what he's trying to tell us.

Tate: He is holding something.

Two sticks.

Fork stick.

Willow stick.

The water witcher.

Adam's been trying to tell us

the water witcher saw it.

A witness, Karen. A witness.

But that old man's gone. He could be anywhere.

No, he's up in the hills. I saw him with his mule.

I'm going after him and bringing him back.

Wait, Tate, what about the trial?

If I'm not back in time, you start. You be his attorney.

Use all your quotations, anything. Stall!

[instrumental music]

[intense music]

[music continues]

[gun fire]

Fair warning wasn't good enough for you, huh?

Tinker, I wanna talk to you.

Might late for that.

But don't take it personal.

You saw a murder.

Two weeks ago.

An Indian boy and an old man.

[gun fire]

Tinker, I want you to come back to Elgin.

Tell the court what you saw.

There's a boy being tried for murder.

I didn't see a murder, it was only a fight.

[gun fire]

Tinker, come back and tell the judge what you saw.

You go away and leave me alone

or I'm going to bury you, mister.

Tinker... if you don't come back,

I'm gonna have to shoot your mule.

You wouldn't do a thing like that, now, would you,

to an old man?

That mule's all I got.

[grumbles]

If I'd had me a repeater,

you'd have been noticeably heavier by now.

Alright, Tinker, get your mule, let's go.

And so the territory of Wyoming

was the first political unit to give women the vote.

Your Honor, this is a courtroom, not a schoolhouse.

Can't we do without her speech-making?

Your Honor, I'm only trying to show

that with the vote came other duties

and responsibilities for women.

And that therefore, as a woman,

there should be no discrimination

against my acting as substitute counsel for this boy

in the absence of Mr. Tate.

Ms. Gustaveson...

I believe the court conceded that point to you

15 minutes ago.

Now, may we proceed?

In that case...

I would like to ask for a postponement.

Your Honor.

Fitzroy, can't you see she's stalling?

Quiet! Order!

We shall have order in this court.

If you can't run this court, we'll get someone who can.

Mr. Gustaveson, please.

Your Honor, as substitute counsel,

I haven't had time to prepare my case.

- Surely the court would-- - Please, Ms. Gustaveson.

This court will not allow any more delays.

Now, if you wish to remain counsel for this boy,

you will proceed with the defense.

Is that clear?

Yes.

Alright. [sighs]

Now, how does the defendant plead?

[instrumental music]

Tate: Not guilty.

That man, Gustaveson,

was fixing to blow up an old stream bed

with blasting powder.

Well, and he-- he lights a fuse and runs back.

And along comes this rag-tailed Indian.

Well, Gustaveson shouts and shouts.

The boy was almost standing on the blasting powder.

Well, Gustaveson runs back with the axe up in the air

like he's going to cut the fuse.

Well, the Indian must've thought he's coming after him.

'Cause he grabbed the axe and wrestled him for it.

Well, I guess, they must've kicked the fuse out

and the fire caused explosion never did go off.

But the axe fell and hit Gustaveson

on the side of the head.

You know, I-- I could see Gustaveson was hurt.

But he got up and staggered away.

The boy sees me.

He takes the axe and lights out for the hills.

Tinker, why didn't you come into town and tell the sheriff?

Well, he was walkin' around last time I saw him.

I didn't know it was murder.

All I saw was a fight.

And Burt Gustaveson tried to save the boy's life.

Only Adam didn't know it at the time.

Judge, this wasn't murder.

It was a hard cruel accident.

The defense asks that the charges be dropped.

Alex, what do you say?

Prosecution concurs.

[instrumental music]

[instrumental music]

It's been a long time

since I've had to apologize for anything.

I'm not sure I still know how to do it.

I know you won't forget what I [sighs]

tried to do to that boy.

But I want you to know...

I was wrong.

Anyway...

I'd like to thank you for what you did.

For stopping me.

[instrumental music]

How long will you be gone?

A month or so.

Long enough to get Adam started.

Will they really be able to teach him to talk?

I've seen them work miracles at the university.

Philadelphia is such a long way from home.

I suppose that when I get back, you'll be at Shiloh.

Yeah, I suppose.

My father put up most of the money for Adam's schooling.

It was sort of his way of saying

that he was sorry to the boy and...

I wish that one day, you would drop in and say thank you.

We have pretty good cattle around here when it rains.

Might even interest Shiloh.

Well, I'll speak to the colonel about it.

[music continues]

[music continues]

[galloping]

[theme music]