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Thank you. You have enough champagne there?

Well, we’ve toasted the bride and the groom-to-be,

and we've caused their blushing confusion.

I should say the blushes of my daughter Eleanor

and the confusion of Andy Buchanan.

And we've toasted their happiness through the generations to come.

Uh, mine host, please. May I propose a toast?

Be my guest.

Ladies and gentlemen,

I should like to propose a toast to the father of the bride-to-be,

banker extraordinary, the man who has provided this beautiful evening for us,

our gracious host, Mr. Arnold Eads.

To a long life.

Andy. Psst.

- What's up? - I had a little accident.

Come on out and take a look.

Oh, it's not a bad scratch, Hoss. I don't think Mr. Eads will even notice.

Mr. Eads?

I thought this was an engagement present for Eleanor, not her father.

Yeah, well, the only thing is, I... I wanted it to be perfect.

It's Frank Scott, isn't it?

Frank?

I'll take it over to the livery stable and have it fixed in just a jiffy.

I can't take you away from the party.

Andy, a fella only gets to marry a banker's daughter once.

- I'll be right back. - Thanks.

Who’s there?

I'll get him.

Here. Shh, shh, shh. Don't try and talk. You're gonna be all right.

- Help me. - I'll stay.

That was Frank Scott, wasn't it? You saw him, didn't you?

Get a doc. Quick.

Don't you worry, now. Everything's gonna be all right.

You hear? It's gonna be all right.

Sure looks like this town's in a hanging mood.

Sure does.

That lucky Andy Buchanan, engaged to the banker's daughter,

doesn't have a penny to his name.

Oh, Andy, I wish you didn't have to testify.

- It's my duty. - Of course it is, Eleanor.

Now, Mr. Buchanan, you've stated that you and Hoss Cartwright

heard cries in the night

and that you rushed up to where Shirley Patrick,

this newcomer to Virginia City, was being assaulted, murdered,

and you saw a man leaning over her.

Do you see that man in this courtroom?

Yes, sir, there's no doubt in my mind.

That man, Frank Scott, killed the girl.

- That ain't true. He's a liar! - Easy, easy, easy.

Silence in the courtroom.

Mr. Cartwright, you ran to the scene of the murder with Mr. Buchanan

and you also saw the man that killed Shirley Patrick.

Now, will you tell us, who was that man?

Well, I was standing sort of behind Andy and I couldn't see too well,

but I... well, I think it was...

Mr. Cartwright, the jury is not interested in what you think,

just in what you saw.

Now, was it or was it not Frank Scott?

Well, like I say, I couldn't see too well, but...

well, it... it looked like Frank Scott, yes.

It wasn't me. You're lying!

You liar! You liar!

You're lying! You're lying! You're lying! He's... He's lying!

I told you I didn't do it! I was home with my wife! I was home!

He was home with me.

Then he couldn't have killed Shirley Patrick, could he?

No, sir.

Frank is innocent. He's not guilty.

Your witness, Mr. Monroe.

Mrs. Scott, isn't it true

that your husband was arrested just last month for beating you?

At that time didn't you state to Sheriff Coffee

that you were deathly afraid of him, that he might kill you?

I object. This has no relation to the case at hand.

Sustained.

Mrs. Scott, aren't you lying out of fear?

Didn't your husband tell you what to answer?

Well... we talked some, but he didn't tell me.

No further questions.

We find the defendant, Frank Scott, guilty of murder.

And therefore it is the judgment of this court

that you shall hang by the neck until you are dead.

May God have mercy on your soul.

I swear by the good book, I didn't do it.

I... I done some mean things in my life, but I didn't kill no girl.

The jury is dismissed and this court stands adjourned.

Come along, Frank.

You did a good job on the stand, Andy. Very convincing.

I did my duty, sir, same as you.

I tell you, it's hard to see a man sentenced to death,

even if he is a murderer.

First time I realized a man could be killed with words.

Hey, hey, hey.

Now that we own 40 more of the finest acres on Lake Tahoe,

I think we ought to celebrate, don't you?

Yeah, I think after all the work I put in closing this deal,

I think I kind of do deserve a celebration.

Thank you, Pa. A beer?

Yeah, beer.

- This one's on Little Joe, Pa. - Mmm.

Well, thank you very much, Joseph. Awfully good of you.

Oh, think nothing of it, Pa.

Now that we own Miller's Creek, maybe we can build a flume to South patch.

One thing at a time.

We just bought the property.

I know we just bought it. We're gonna do something with it, right?

Two cards.

Whoo-ee!

20 dollars.

I don't care what you been telling me.

The man that killed that girl has already been hanged.

- We've heard all about the trial. - Sure. I was a witness on that trial.

- And we made a mistake. - The law says the case is closed.

And until you can bring me hard proof,

not just say-so, we got nothing to talk about.

- Now, Sheriff... - And that's the end of it.

40 dollars.

20 dollars.

Two cards for me.

Where’s the sheriff?

He said he wouldn't arrest anybody without more evidence than we've got.

Thank you, gentlemen. That does it for me.

Little lady, that's for you.

I'm gonna be by here in the next couple of weeks

and you better be here.

Pa, I can't let him get away. I'm gonna go get him.

Hold it.

What for, mister? The money I just won in there?

You must be out of your mind trying to rob a poor country boy

right here in front of God and everybody.

I'm making a citizen's arrest, for murder.

You? Who are you?

Suppose you tell me who I killed.

You killed a girl in Virginia City last July,

a pretty girl, or she was until she ended up with a broken neck.

You're out of your mind. You got no right and you ain't gonna shoot.

I never been to Virginia City.

You been there once.

And you're going back.

Pa, I'm pretty sure of it. I'm gonna take him in.

You better talk some sense to this fella, mister.

He's biting off more than the whole lot of you can chew.

He knows what he's doing.

We’ll bring the horses around back.

You got yourself a rattlesnake by the neck, mister,

and you ain't gonna be able to let go, not even a little,

without you winding up dead.

Outside.

Hoss, you can take him inside.

Joe, take the horses over to the livery stable.

I'm going to see the prosecutor.

Don't push me.

Sheriff, I'm sure glad to see you.

Now, this fella here, he's robbing me of my rights as a law-abiding citizen.

Hoss, if I wasn't seeing this with my own eyes, I wouldn't believe it.

He's the spitting image of Frank Scott.

I saw him in Carson City in a saloon,

made a citizen's arrest, for killing Shirley Patrick.

Pack of lies. I've never been in this town before.

Now, what's the sentence for false arrest, Sheriff?

Why don't you just sit down and we'll iron out some of these things?

I never saw anything like that in my life.

Who are you?

You tell him, big fella. It's your party.

His name is Mel Barnes. I found him over in Carson City.

He looks identical.

So I look like somebody. What’s that mean?

Sheriff, I want out of here now

or I'm gonna make more trouble than you ever saw.

Hoss, I'll admit that he looks like Frank Scott's twin.

But you and Andy here have already testified

that Frank Scott was the killer.

Roy, you can at least hold him

until Pa gets through talking with the prosecutor, can't you?

Looks like I'm gonna have to.

Not so fast, Sheriff. You ain't heard my side yet.

Now, you're gonna have plenty of time to talk.

- Well, what’s the charge? - Suspicion of murder.

That ought to be more than enough. Come on, right through them doors there.

I was sure it was Frank Scott.

Now I see this Mel Barnes.

Hoss, how can you be so sure?

Andy, do you remember that strange tune we heard whistling that night?

Yeah.

It was Mel Barnes.

I heard him whistling the same tune over in a saloon in Carson City.

It'll be a big shock to a lot of people.

Now, you feel dead sure that Barnes is the killer and not Frank Scott, huh?

Yeah.

What happens now?

Well, it's all spelled out in the law.

There'll be an indictment and another trial.

Roy, we made a terrible mistake

and we're ready to take whatever blame comes to us.

It's just not that simple, Hoss.

The judge, the jury, prosecutor, most everybody in town

believed that the right man was tried, sentenced and hanged,

and they're not going to like having their noses rubbed in that mistake.

Now, you thought that what you was doing was right.

But this is one time I sure am glad that I'm not standing in your boots.

Well, it's been quite a day, hasn't it?

Rumors, excitement, you know, quite possibly a new trial.

If a mistake was made, and I say if, mind you,

then as foreman of the jury, I share the responsibility,

to a small degree, but I share it, Andrew.

I made a mistake.

- Did you? - Yeah.

Or are you just being influenced by all the excitement and the rumors?

- No. - The reason I ask...

You see, as foreman of the jury, I heard and considered all the evidence.

Now, if I had thought a wrong verdict had been reached,

I wouldn't have been able to sleep a single night since that trial.

But I've slept like a baby, Andrew, every night.

Barnes could be Frank Scott's twin. I never saw anything like it.

The odds against him being here in Virginia City

at the very moment of the murder are so vast as to be incredible.

On the other hand,

we know Frank Scott to be a thoroughly detestable man,

given to drunkenness and wife beating,

and he was here every day.

I thought of that.

I'm not trying to influence you, Andrew,

but I must say that a banker's reputation

is his most precious possession,

and we are both bankers.

You see, people expect us to be right,

to make the correct decisions,

not just part of the time, all the time.

People lose faith in us, they lose faith in the bank.

All I want is for you to do what is right.

One last question, Mr. Cartwright.

Are you sure beyond all doubt that Mel Barnes killed Miss Patrick?

Yes, sir.

Your witness, Mr. Belden.

Mr. Cartwright, would you mind

going through your fantastic tale once more for our amusement?

Your Honor, I object.

I will rephrase the question.

Tell us your... story, Mr. Cartwright.

Well, I was in Carson City.

In a saloon?

- Yes, sir. - Drinking?

One beer.

I didn't ask your capacity, Mr. Cartwright.

Silence in the courtroom.

Like I said, I... I was in Carson City, in a saloon, having a beer,

and I heard this whistling,

and it was the same whistling that Andy and I heard

the night that Miss Patrick got killed.

It was a strange, funny sort of tune, one you'd never forget.

I see.

You heard this whistle

and immediately you knew that my client was guilty of murder.

That is what you're saying, isn't it?

Yes, sir.

It's too bad Frank Scott isn't available

so that he could whistle for us in rebuttal.

Now, Mr. Cartwright, you are telling us that in a fair court of law,

12 citizens of Virginia City,

an able defense attorney, an impartial judge,

you are telling us that all these people made a mistake

and sentenced an innocent man to death?

At that first trial you were certain that Frank Scott was the murderer.

At least you did not deny it.

Now you are certain that Mel Barnes is the murderer.

You say you made a mistake once. Why not now?

Simply because my client looks a little like Frank Scott?

Simply because Mel Barnes likes pretty girls and whistles?

- But... - That's all, Mr. Cartwright.

Sorry, Hoss, you'll have to step down.

Defense calls Andrew Buchanan.

Mr. Buchanan, you've already been sworn in.

I have only one question to ask.

Is the defendant, Mel Barnes, the man you saw attack the Patrick girl?

No, sir, Mel Barnes didn't do it.

Silence in the courtroom.

Like I said before, it was Frank Scott.

Now, Mr. Buchanan, Hoss Cartwright mentioned a whistle.

Do you know what he meant?

No, sir. Maybe he was hearing things.

There was no whistle? Then there's no doubt at all in your mind?

No, sir, no, none at all. We convicted the right man.

The court finds the defendant, Melvin Barnes, not guilty.

You're hereby released from custody. This court stands adjourned.

Whoo-ee!

Thank you, Judge. You done a good job, fella.

That friend of yours, he plumb tuckered himself out on the stand, didn't he?

Didn't even say goodbye.

Now you're gonna see how that rattlesnake I've been telling you about can bite.

I was on that first jury, and, I'll tell you, we didn't make no mistake.

Whoo-ee!

Uh, compliments of a friend.

Hey, what do you know? Some guy over there's buying.

- Hey, you're famous. - Thank you kindly, friend.

You gonna stay around a while, honey?

Well, as long as there are free drinks to drink and pretty gals to hug,

I'll be around.

Now, you play your cards right and I'll buy you some diamond earrings

to dangle off them pretty little ears of yours.

Diamonds? From a cowpoke?

Oh, I'm gonna have lots of money from Cartwright.

You see, my lawyer tells me that my good name's been hurt

and my life's been put in jeopardy.

That's worth a lot of money, honey.

Well, what do we have here?

The future Mrs. Andrew Buchanan III, about to shop for her trousseau.

It's over, Andy. It's all over.

- Don't even think about it anymore. - Yeah, sure.

Darling, you've done what you know is right.

The trial is over.

After Saturday we'll be a married couple on our honeymoon.

That's right.

And we can both forget the whole thing.

I know it's been a terrible strain for you.

Daddy says how well you handled yourself.

Well, that sure takes a load off my mind.

Andy, I mean it, don't think about any of it.

From now on, just think about us.

Mmm.

If I'd have known this is what goes on in banks after hours,

I'd have been here more often.

About as hot as it was in court.

Heavy as you are, you must feel the heat worse than the rest of us.

You're on the Ponderosa, Barnes, and you ain't welcome here.

Is that neighborly?

Here I am coming in hot and dusty, longing for a cool drink of water.

They got water in Carson City.

Would I leave while I still got some unfinished business?

Like I said, you ain't welcome here.

Well, I figure I'm welcome, as long as you owe me. 5,000 dollars?

When I collect, I'll just skedaddle. I figure that's a reasonable amount.

I hate greedy people, taking more than they deserve.

Can't stomach 'em myself.

You ain't making sense to me, Barnes.

Well, I just wanna leave Virginia City feeling like I've been justly treated.

How do you think that judge is gonna feel when I bring you into court

for putting me through all that misery? Do you know what he's going to do?

Yeah, he's gonna throw you out of court just like I'm gonna...

He's gonna say if that Barnes fella had been found guilty,

his poor neck'd have been stretched tighter than the bark on a tree.

Cartwright, that there judge is gonna give me money like I never heard of.

Now, 5,000's cheap.

I said get out of here.

I don't think you quite understand the lay of the land.

You see, it don't matter a hill of beans whether I killed anyone.

I mean, even if I did it, they can't put me on trial again.

I'm asking a lot less than most people would say I deserve.

But 5,000 is all I need to get to Colorado.

Always wanted to see Colorado.

They say the mountains are red over there. Do you believe that?

And they got pretty girls in Colorado, so they tell.

Soft, with pretty yellow hair,

nice little ears,

nice white throats.

5,000 shiny gold ones. Saturday night.

But what am I gonna do about it, Pa?

I can't just let him parade around the streets like an innocent man.

He's a killer.

Will you stop jumping around from one place to the other and just sit down?

Come on, now, sit.

The law has seen fit to convict and hang an innocent man

and to acquit a guilty one.

It isn't justice, I agree,

but it was accomplished through the due process of law and we must accept it.

Well, I don't care how it was done, it ain't right.

It's an injustice, huh? Fine.

Well, I’ve seen plenty of injustices in my time.

And most of them have been corrected.

Oh, I know that's small comfort after the deed.

But in the fullness of time, the guilty usually pay for their crimes.

Well, Pa, I find that pretty hard to buy.

All right, what am I supposed to do?

Just give him some money, pat him on the back and send him on his way?

Come on, now, you're talking nonsense.

You're right.

Think on this, though. He's a killer, Pa.

He's walking the streets free and he's going to kill again.

Then what are we gonna do about it?

Hoss, the laws aren't perfect,

and neither are the people who execute them.

But we've gotta have some guidelines to live by.

Most of the time they serve us well. This time they didn't.

But we're still going to abide by the law,

as all civilized human beings should.

Jay. Hi, Tom.

Give me a beer.

Anybody seen Miss Mueller?

Oh. Don't know when the freeze blew in, but she sure blew in, didn't she?

- Gladys. - Hoss.

I hear you were looking for me.

Well, I hope I'm not bothering you, but could I talk to you, please?

You sure could. The change'd be welcome.

If you don't mind, upstairs.

Right.

Sit down.

Thank you.

I wanted to thank you for trying to help Shirley.

Shirley Patrick?

She knew you?

Because I'm a saloon girl?

You think she was Miss Morning Glory, all sweetness and light?

Well, maybe she was in a way.

She hadn't learned to be as tough as me.

We worked in St. Louis together.

I wrote her to join me.

She arrived the week she was killed.

That's why no one here knew who she was.

I was at both trials, and at first I thought it was Scott,

but now I know you're right, Hoss.

Mel Barnes killed her.

Gladys, you know, you're probably the only one in town that believes me.

Well, I know men, and I've been around him for a while.

Mel Barnes, he doesn't like women.

Deep down maybe he even hates them.

He's strange. He's crawly strange.

You wanna see him put away?

- Well, so do I. - How?

I know how to handle him.

I'll get him up here, get him drunk and then get him to try to hurt me.

Gladys, you can't do that. He's dangerous.

But there'll be somebody close by. Then he'll be caught in the act.

Then everyone will know he killed Shirley.

You'd be taking a mighty big chance. Gladys, he's a killer.

Not if you're the one who's close by.

I'll be there.

Oh, Nellie, it's so sweet of you to stay so late working on my wedding gown.

Well, we have to have everything ready for Saturday, don't we?

It's the happiest day of your life.

Let me see the cap, dear.

There's something the matter with that. Let me fix it.

Oh, fine.

You're a sweet gal.

Hey, your glass is full, honey.

Right, right, right. Can't have a full glass.

You got the prettiest little ears. Anyone ever tell you that before?

One or two.

We got a whole half bottle left.

- Want a drink first? - No.

Just one more drink first, hmm?

What’s wrong with you?

Nothing. I'm just a little jumpy. I'm fine.

What’s gotten into you all of a sudden?

Nothing. I'm fine. Nothing's wrong.

Something's wrong.

It ain't right.

Here, have a drink, Mel.

Take it to bed with you.

- Bye. - Oh, Mel. Come on, honey...

I'm tough, I really am. I know men.

I'm sorry, but when he touched my neck...

Here, have a lousy drink.

Well, I’ll see you.

Thanks a lot, Gladys.

We waited dinner for you, Hoss. Kind of late. You ready to go home?

I'm about ready to ride, Pa. I need to see a fella first, though.

Wait a minute. Who you going to see?

- Andy. I'll be right back. - We’ll be right here waiting.

It's just beautiful.

Thanks again, Nellie.

I don't know what we'd have done without your help.

I've been looking forward to this

ever since you had pigtails and skinned knees.

I'd have been hurt if you hadn't asked me.

Are you going to be all right walking home alone?

Oh, I'm meeting Andy at the bank. He's working late too.

- Thanks again. - Pleasant dreams.

- Goodnight. - Bye.

Eleanor?

- I'm busy, Hoss. - Andy.

You're not too busy to have a minute with me.

I... I got a lot of work to do, Hoss. I got...

Andy, they're just figures. They'll wait.

Look, will you stop? We convicted the right man.

You know it, I know it. Now, leave me alone.

Yes?

You haven't been right since you came back from Carson City.

I think you're losing your mind. You're going out of your head.

So stay away from me. Just stay away from me!

Yes? Who is it?

No!

You're the best one yet. Go ahead, fight. I like it that way.

Help!

No! No!

She's dead.

She's all I ever loved, Hoss.

And I killed her.

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