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I will catch you so much as lookin' at my wife, I'll kill ya.
Now, wait a minute.
She's his property. She has no rights at all.
We ain't never gonna agree on nothin', are we?
Bert!
Things happen in this world that no man can explain.
Let it out. Just a little bit.
Devil must be on his side.
That man's been following us for two days.
How do we know he won't keep following us and kill somebody else?
A man accused of a crime gets a fair trial in his company as long as I'm captain.
You hear me?
The boy and my little girl will grow up in the polished land.
And in the eyes of a woman meant for me, I have a dream where the sun goes down.
The Willamette Valley's callin' me 'cause I'm Oregon Bound.
Oh, I'm Oregon Bound.
Yes, I'm Oregon Bound.
Oh, yeah.
You know somethin'?
Gonna make real good time tomorrow.
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Reckon William's gonna have to do without Kite for a while.
Guess he's getting a little too old for him anyway.
Laura?
What's wrong?
What is it?
Andy, we can't see each other no more.
What are you talking about?
We just can't.
Don't ever come around to visit.
Good evening, Mrs. Jarvis.
You look lovely this evening, Mrs. Hubbard.
Thank you.
Because you look so lovely, I brought you some wild plum.
Oh, I'll have to put up some reserves.
I was hoping you'd say that.
I'm back.
Martin, get some water.
I said get some water.
Leave her alone.
What happened?
She fainted.
No, don't raise her head.
Get me some water.
Come on.
Excuse me.
What's the matter with her?
She's coming.
Excuse me. What's the matter with her?
She's all right. She just fainted.
Easy, ma'am.
Martha! Martha!
Hold it.
You wait here.
I want to talk to her.
Yeah, and I want to talk to you. Wait here.
Captain Thord, make him go.
Yeah, well, now wait a minute.
Just who is he? What's he want here?
Do you want us to leave?
No, would you please stay?
Mrs. Hubbard, who is he?
He's my husband.
Well, we thought you was a widow.
So did I.
He left me.
I heard a year later that he was dead.
Make him go.
I don't know if I can rightly do that.
Well, you're the captain of this company.
Just give him an order to leave.
If you leave or married, I can't miss in the middle of that, ma'am, sorry.
But Evan--
I need to get nobody else, Margaret.
But I don't want him here.
That's my wagon.
I bought those supplies.
You all right, ma'am?
He's gone. He rode off.
He'll be back.
Ma'am, if he does come back and he wants to come in and see you,
I'll make sure you feel like talking to him now with him.
How's that?
Excuse me, ma'am.
How's Martha?
She's fine. Everything's all right.
Did that fellow say anything before he left?
Not a word.
Who is he, Captain?
He's her husband.
If he comes back, let me know him immediately.
Yes, sir.
Ben.
Martha.
I can't tell you that I can't see you no more,
and you mustn't come even near me, not ever.
Now, listen to me.
That man's my husband, and he's coming back.
You don't want him to come back, do you?
No.
Well, then--
Go, Ben.
You don't know what he's like.
Stay away from me.
Martha, I want to talk to you.
No, Ephraim.
Please.
I'll come a long way to see you.
Just, for God's sake, leave me alone, Ephraim.
Can't end that easy. I won't let it.
It ended a long time ago.
Now, we both know that.
Just come to your tent, we'll talk.
I'm not going anywhere with you.
You heard her, Harvard.
Stay out of this.
I'll blow you away if I have to, but leave that woman alone.
We need to be in private, just you and me.
All right, back off.
I will catch you so much as looking at my wife, I'll kill you.
Now, wait a minute.
You heard what I said, I'll kill you.
He said he'd kill Jarvis. Did you hear that, Captain?
Yeah, I heard him.
There did I.
Sometimes, though, a man'll say things in anger he don't really mean.
Why aren't you on guard duty? A ship went on half an hour ago.
Let me talk to you.
Mr. Hubbard?
Look, first of all, this ain't easy for me.
But I heard you threatened to kill that fella, and two other men heard you too.
I don't care who heard it as long as he did.
Under the laws of our Constitution, it says that if you threaten to kill a man,
you get a day's provision, and one hour to leave the train.
That's it.
I ain't with the train. I'm traveling alone.
I want it kept that way.
I got a right to see my wife.
Yeah, that's the hard part for me, because I agree with you.
But since you threatened that fella in front of witnesses, nothing else I can do.
Stay away from the train. Don't come nowhere near it.
I'll do my best to oblige you, Mr. I just can't guarantee it.
Hey, Laura, can I help you with that?
Andy, I told you.
I know you did. I just want to know why.
Andy, please.
Laura, please, would you tell me?
I just don't want to see you no more.
Why?
Because you're scared, ain't you?
It ain't me. You're scared of it. You're Paul.
Am I right?
Yeah.
Well, if he knew that I was friends with the boy, I don't know what he'd do.
But I don't want to find out.
It seems to me like you're old enough to start picking your own friends.
Well, I got to do like he says.
I can't you just speak your own mind to him.
Stand up to him for once.
Andy, he ain't like your Pa.
He ain't like nobody you ever known before.
Mom told me to get far away.
I was just getting stuff for myself, sir.
Well, you go get it. Stop bothering my daughter.
He ain't bothering me, Pa.
He's bothering me.
Now, you get back to Wagon's day there.
I'll fetch her wood.
Now, wait a minute, sir.
Let me stay out of this.
Go on. I said get to the wagon.
Pa, you're hurting me.
Let her go.
Pa, let go.
Stop it.
I want to hear you say it.
Say I'll never talk to her again.
No.
Say it, boy.
I ain't going to say it.
Get away from my son.
Get out of here.
Get away from my son.
Hold it.
Andy, get his rifle.
Didn't finish telling you about them Constitution laws.
Mannequins ordered off the train the way you was.
You come back the way you did, you could get shot.
Anybody shoots at me, I'll shoot back.
What with? We're taking your rifle.
You're going to auction it off and you ain't going to do no bidding.
Goodbye, mister.
Your honor.
Yeah, Pa, I'm all right.
Did you see them scars on his neck?
Yeah, I seen them.
If it weren't for you, it'd make some nuts and rope.
Good evening, ladies.
Good evening.
Good evening.
We was wondering whether you'd like to join us or something like that.
Would it be too much trouble?
Oh, well, no, ma'am.
It wouldn't be no trouble at all.
Oh, it just beats a lot, isn't it?
Thank you, ma'am.
Why don't you do a go ahead and compare things.
Come on, Laura.
Bye, Andy.
These are nice people, I think.
They sure are.
Thank you.
Mrs. Hubbard?
Yes.
I've seen them rope scars.
I was wondering, would you mind telling me what it's all about?
No, that's something I just don't want to talk about.
Well, you see, what man makes trouble for the company is my job to find out what we're up against.
Would you mind?
Well, you see, we had a farm, and there was a fight over water rides, and the other man was found dead.
My husband was hiding out in the mountains, and they sentenced him to be hung the day of the hanging.
A neighbor came by and told me he was hung, but he didn't die.
First time, the rope broke, then the knot slipped.
Third time, he just hung there, gasping, staring at the judge.
The judge told the hangman...
Cut him down.
Yes.
He said that hung three times, dead or not, is the debt to society was paid.
Paid in full, I'd say.
Well, not to us. Not after all he put us through.
Oh, we never wanted to see him again, not ever.
That way he joined the train to get away from him?
Yes.
And I said I was a widow to spare us the shame of being known as the kin of a murderer.
Nobody will ever hear about them rope scars from me, ma'am.
Thank you.
Soap.
Hold it!
It's me, Beau.
Now, the orders are, the public comes sniffing around here.
Go get the cap.
Looks like the devil's beating his wife tonight.
Who's out there?
Mr. Dorff?
We've been wondering why these stocks been acting up the last couple of days.
Yeah, well, they're one and the same thing.
It ain't only that.
There's the boulder that smashed into my wagon.
My dog just up and died.
That's been one thing after another, and I'll tell you the reason.
Hubbard, he's a jinx.
Oh, come on.
You know, I've been thinking the same thing 'cause nothing happened.
Well, he come.
And then he can stop 'til he's gone, Captain.
He's gone already, ain't he?
He's out there somewhere.
And I say come on and let's find him.
What are you gonna do when you get him?
Tell him if he comes anywhere near us.
He'll get another rope marked around that neck.
I'll be in all these superstitions.
That's the youngin's and old decrepit fellas.
Don't believe in jinxes, do you?
You mean you don't?
No, I don't.
Well, I do.
Things happen in this world that no man can explain.
I like getting hung and still being alive.
The devil must be on his side.
Fire! Fire!
It's my wagon.
Come on.
Come on.
Watch out.
Watch out.
Get the stuff out of here.
What's left of it?
Well, it ain't so bad.
It couldn't work.
Hey, Ben, I'll take your guard to you.
I'd rather do it myself than stay here and look at this.
I got some new canvas, and I'll get to it first thing in the morning.
The work of the devil.
That's what it is, the work of the devil.
Who's there?
What a mess.
Good morning.
Lovely morning, isn't it?
No.
Yes, well.
Can I help you fire up a tarp?
Nothing.
We'll get a snort of it.
Good morning.
Good morning.
Good morning.
Good morning, isn't it?
Yes, well.
Can I help you fire up a tarp?
Nothing.
We'll get a snort of it.
Good morning.
Lovely morning, isn't it?
No.
Yes, well.
Can I help you fire up a tarp?
Nothing.
We'll get a snort of it.
What is it?
What happened?
Huh?
What happened, Pa?
Jarvis is dead.
Been shot?
Somebody clubbed him in the back of the head.
Get Rachel out of here.
Take her to the tent and stay with her.
Come on, sweetie.
Unto God almighty, we commend the spirit
of our brother departed.
We therefore commit his body to the ground,
earth to earth, ashes to ashes, dust to dust,
in the sure and certain hope of the resurrection
unto eternal life.
Amen.
We all know who done it!
Life is gone!
The hills know we find them!
Yeah!
I'm sick of this kind of talk.
It's the will of the company, Mr. Thorpe.
The will of a lynching mob.
The law has been broken, Captain.
We know who done it.
Even if he'd done it, he's long gone.
You'll never find him.
Well, we can sure try.
I'm trying to get a wagon train to Oregon.
Now, if you want to catch up, follow the trail
and good luck to you.
That man's been following us for two days.
How do we know he won't keep following us
and kill somebody else?
Now listen!
It was Ben Jarvis who said it.
The devil's on his side.
Now let's go get him!
Yahoo!
We got him!
Let's find a tree.
Let's hang it!
Let's find a tree!
This man accused of a crime gets a fair trial
in this company as long as I'm Captain.
You hear me?
Yeah, I heard the Captain.
Let's give him a fair trial.
Then we'll hang it.
Yeah.
All right, till this nonsense is over.
You know the cave above the camp?
You two men, you and you, you take him up there,
put him on the guard.
As I'll recall, five men.
The Constitution says a jury of five men
chosen by a lot.
Samuel Groth?
Nathaniel Miller.
James Kirby.
All right.
The Captain of the company will then
select a man to prosecute the case for the accused.
All right, you all heard him.
Anyone who wants to take on this kind of a job,
raise your hand.
All right, now, to be fair,
Mr. Bowman here was one of them who didn't raise his hand,
and that means he ain't got no prejudices.
So I suggest that you're the prosecuting attorney fellow.
Now, anyone who wants to take it on for the defense,
well, now, come on, somebody's got to take the job.
Captain, how about you doing it?
No, no, no, I don't know nothing about that.
Come on, there must be somebody out there.
What do I do now?
Well, once you go ahead and do it,
you get more horses and the rest of them.
How?
I don't know how, but you're the wagon train captain.
They expect something out of you, huh?
You can do it.
All right, then, I'll be right back.
I mean, you can do it.
All right, then, I'll do it.
I want to see the cues before the trial.
I'll write with you.
Yes, sir.
Untie him, George.
Untie him.
Yeah, untie him.
He ain't going to win.
Mr., the only way I can help you is to prove you weren't here when it happened.
You can't.
There wasn't nobody with me.
All right.
What time did you take off into the hills?
From train-made camps.
You stayed there all night.
Yeah, I stayed all night.
Look, don't wrestle with me.
I'm asking these questions for a reason.
Yeah.
Make a lynching look legal.
Mr., I told you I was going to give you a fair trial, and I'm going to do everything in my power to do that.
Let me ask you a question.
Why?
Do you think I did it?
I've got nothing to do with it.
I guess that answers the question, doesn't it?
For any reason, you can't do it.
You can't do it.
I guess that answers the question, doesn't it?
The only reason you took this is because nobody else would.
Come on, let's get it over with.
On page four, section six, it says clearly that we have a moral obligation as citizens to punish any wrongdoer.
Now, I want you to understand this.
If it's laid down in our Constitution, the penalty for murder is death by a hanging.
Now, also, the verdict of the jury has got to be unanimous.
And I feel certain that it will be unanimous just as soon as you hear the testimony of all these witnesses I'm going to bring up here in front of me.
Mr. Fort, you can say something to the jury now.
It looks like we're lawyers, don't he? Any ideas?
Some fellows in the jury got him hung already.
Want to come on. Don't die on me.
If you don't want to say anything, I'll go ahead and call my first witness.
Well, now, wait a minute. I don't want to say something.
You've got to remember, a man accused of a crime, he can't be convicted unless he's proved guilty beyond a doubt.
Wait a second. A reasonable doubt.
A what?
A reasonable doubt.
I call, uh, Miss Z from Hubbard.
Miss Hubbard, would you please just come on up here?
Mrs. Hubbard, um, Miss Hubbard, you knew Mr. Jarvis, didn't you?
Yes, I did.
You knew him well. Is that right? Very well.
No, I would not say that.
Well, then, why would your husband say to him, "If I ever catch you looking at my wife, I'll kill you"?
I didn't know that he did say that.
Well, I heard him say it. So did two other men, uh, Mr. Fort there was one of them.
Now, say it's something doing it's two different things.
Now, wait a minute. Who is the defense lawyer here?
I am.
He's what you call our sister.
Mrs. Hubbard, has your husband ever killed a man?
Now, hold it. Now, I do know about this.
A wife cannot testify against a husband in a court of law.
I do believe you're right.
Am I?
The, um, the cross-examination comes in excess.
I'll be fair.
Make no points like that.
Mrs. Hubbard, I'll call my next witness then, uh, as you, Mr. Thorpe.
Me.
Mr. Thorpe, uh, please tell us what happened yesterday when you saw Hubbard attacking your son Andy.
Well, we are here to, uh, Andy was attacking him.
Because Hubbard was being so brutal to his own daughter.
What's that got to do with his supposed killing of Mr. Jarvis?
Proves he's a violent man.
We all are sometime. Won't argue with you on that.
Tell us about those rope scars on his neck.
Well, how do you know if that was rope scars?
Well, I don't know, but I suspect that you do.
Now, when we first saw him yesterday, you made a B-line for Mrs. Hubbard.
Now, that was fine out about those rope scars, wasn't it?
What's that got to do with his trial?
He had his neck in a noose before. That goes a long way toward telling us what kind of man he is.
Why did they hang him, Mr. Thorpe?
Now, how come he got out of such a thing alive?
Did he get in with a bunch of outlaws or something to come back to cut him down? Just what?
I don't know, Mr. Bowman. It ain't got nothing to do with his trial.
What happened in the past has nothing to do with it.
Mr. Bowman, I've got me a feeling the storm's coming on.
So if you'll agree with me, this court is adjourned.
Stone. What stone?
Henry?
Hey, Alice, you feeling better now?
I love it.
So close to me.
I'm sorry I talked you into this whole thing. I know the trip's been very hard on you.
No, it was the right decision.
Come on. Why don't you sit out here? Maybe I'll read to you a little bit, if you like.
No, please. I'd rather just sit quietly.
After what you told me, Pa, it seems that what happened to the past might have a lot to do with it.
Yeah. Well, this new-fangled job of mine, I've got to defend him, ain't I?
I'm just glad it ain't my job.
You don't think I like it, do you?
Everything points at him, nobody else. There are men in this company.
If they got killed, you get pointed at maybe two, three, four fellas.
But Jarvis ain't heard a bad word against him. Everybody likes him.
I reckon there's one person who don't.
Who's that?
Laura. I heard her say she couldn't stand the sight of him.
That's because he was caught in her mother.
Well, there's that, I reckon. But there's something else there, too.
What?
I don't know. I just... I can tell she hated him.
Oh, wait a minute. You don't think she did it, do you?
Anything I find out, I've got to check on, ain't I?
Ma's not here. She's in the Jameson's wagon.
I'll come to see you, Laura.
It's about my Pa. I don't know nothing about it. I didn't see him last night.
It's about your Pa. It's about Jarvis.
I understand you didn't like him.
I don't want to talk about that, Mr. Thorpe.
Hey, now, neither do I, but we got to, ain't we?
I can't.
You want me to have to question you at the trial?
No, Mr. Thorpe.
I couldn't have all those people hearing about it.
Well, if you tell me now, I'll be the only one hearing it.
Promise you won't make me say it again at the trial?
I promise I'll protect you as much as I can. Come on.
Well, Ma was off a visit one evening, and I was alone in the tent.
He came in and kissed me and grabbed me and shoved me down on the ground.
I fought him off and ran out, but he came after me.
He said if I told Ma, he'd swear I'd let him on.
So he didn't come?
I was scared she'd believe him.
Until last night.
Well, I just didn't ever want her to take up with that man, so I told her.
All right.
Could somebody have overheard you?
No.
It wasn't nobody around.
We was alone in the tent.
Well, but don't you realize, all you got to do is admit
that you heard your daughter talk to your wife about what Jarvis did?
It had to get me off, huh? Just say I killed him because of what he'd done to my daughter.
There's five good men in that jury, and they'll understand.
They'll be on your side. She's just a child.
It's tempting bait, mister. It's real tempting.
But the hook could get in my craw, and you know it.
Oh, but when will you understand I'm trying to help you?
Oh, I know. You're just doing your best to help me.
And I ain't got to give up!
Tell me one thing.
Truth.
If you knowed that your wife and your daughter didn't want you,
why'd you come here?
You think maybe I knew Jarvis somewhere back east, and I'd come all the way out of here to kill him?
It crossed my mind.
Oh, but will you tell me about it?
Well, me and Martha got married. We had some good years, and then something happened.
It wasn't nothing we said or did. It just happened.
It was bad from then on. It got worse and worse, and then one day I came close to dying.
A lot of things go through your mind when that happens.
I remembered the good years, and I came back here hoping...
Hoping you could make them good years go on?
And I found out I couldn't.
I don't know what the hell I'm telling you this for.
You're telling me this because you want me to tell your wife, don't you?
I don't want you to tell nobody.
And you're sure that no scar on his neck was made by a rope, is that right?
Yeah, I couldn't be nothing else.
Cross-examination, sir.
No, pass. We'll see if you can go.
Well, ain't you going to ask me no more questions?
Ask your questions because you ain't got the answers.
Well, what kind of lawyer are you?
Luther, will you get your carcass out of the chair so we can get on with us?
Try me out here and ask me some stupid question. Any jackass could answer.
Luther! All right, I'm going.
That's my last witness. You're welcome to bring yours on.
I'll call Mr. E from Hubbard.
The accused, he's supposed to come on last.
Don't read that way now, Constitution.
Now, how would you know, Captain? You can't read.
Oh, I can't, mister. I must send Andy with it to me.
Like I said, sir, Mr. E from Hubbard.
Mr. Hubbard, when I ask you a question, answer it.
You're going to answer it.
I just don't see what that question's got to do with his trial.
Well, I do.
I'm going to answer it.
Well, I don't answer for you.
No.
No, what I told you is personal.
I ain't personal to you either.
Mr. Hubbard said he was going to tear you.
The real reason he come here.
I'm going to do it for him.
See, you all have been saying he come here to escape the law,
that he cheated the hangman.
So he ran away.
Ain't true.
If he come here,
get something very dear to him that he lost a long time ago.
A lovely wife.
Give him the love that he wanted when he needed it.
And a lovely daughter.
And he come back.
Because he hated himself so much for what he'd done to him.
He was good.
And he wanted to make it up to him.
Didn't he?
Answer me yes and no.
Yes.
Can't hear you.
Louder!
Now, of course,
that don't prove that he didn't kill this Jarvis fella.
But it sure wipes off some of the mud that he's been smeared.
And again,
I ain't heard no proof
that he did kill Jarvis.
Your witness.
No, thank you.
I just want to point out to the jury
that all this has absolutely nothing to do with anything.
That's for them to decide, ain't it?
Bring on your next witness.
My next witness?
Well, I've got to have a little time to think about that.
Of course, journal him more and more.
Well, you don't have a right to do that.
I'm captain of this train, and I'm hungry,
and I say get them cooking fires going, and let's get supper.
Of course, a journal tomorrow morning.
I want to talk to him.
Mind if I sit down?
I know you don't laugh,
so I know you meant what you said.
I wanted to tell you something.
I didn't just leave for me.
I left for Laura.
I wanted her life to be better than mine.
I didn't want her trembling
every time she put on a pretty dress
or put a flower in her hair
for fear of being punished.
I didn't want her to think
that men just open their mouths to give orders
or to say yes or no.
I was hoping that her life would be better in Oregon
and maybe even mine.
Well, can't you just say something?
I got a lot.
In here, I just don't know how to say it.
That's too bad.
Margaret, Miss Deblin,
tell the folks what you told me
when we talked the last time.
Ben Jarvis was a hateful man.
Kind of surprising to hear that, ain't it?
But a man liked as much as Jarvis surprised me
till I heard something yesterday.
Miss Deblin, why didn't you like it?
He was a philanderer.
What exactly is that?
A woman chaser.
He went after every one who struck his fancy.
And there weren't many who didn't.
That's married ladies as well as single?
It was all one to him.
And all these men here didn't have an inkling
what was going on?
Well, he knew how to go about it
so the married ones wouldn't take offense
and tell their husbands.
It was more the look in his eyes
than what he put into words.
Thank you, Margaret.
You want to cross the camera?
No.
I'd just like to ask the jury to decide
if all this is of any value whatsoever.
All they got to decide is whether Hubbard is guilty or not.
Now, you all heard what Miss Deblin said.
Well, I felt a five or six woman this morning,
and they all said the same thing.
I would like to call my next witness,
Mrs. Henry Bowman.
Are you out of your mind?
My wife hardly knew that man.
You had your deal, this is mine.
I would remind you, Mr. Faulk,
that she has been ill.
Now, I will not have you drag her out here.
I'm real sorry.
I know she's been ill.
My next witness is Mrs. Henry Bowman.
And once when my husband was sick,
Mr. Jarvis helped me with the chores.
When was that?
About two weeks ago.
When was the last time he saw him?
That was the last time.
When I come to see you this morning,
I ask you if he ever died on set end of an outline.
Yes, and I told you that he never did.
Could I have some water?
Sure.
Can't you see, she's a sick woman.
Now let her go.
There's one more question.
Was that you I saw at Jarvis's grave last night?
I didn't.
Yes, it was.
I saw a lot of dried-eyed women at that burial too,
but you was crying, wasn't you?
You're mourning for him right now.
It was you kneeling to his grave last night, wasn't it?
No!
I don't know what you're driving at now,
but you're wrong.
Mrs. Bowman was in our tent all last night.
How would you know?
You was on guard duty.
I know it was you.
This got ripped off the gown you was wearing.
And I swear it'll match a gown in your wagon right now.
It was me.
You was in love with him, weren't you?
Didn't you know about your wife and Jarvis?
That's why you killed him.
Why?
Why?
Oh, God, why?
You see, even Mr. Henry Bowman can be a violent man too.
I just want you to know that I'm real glad you're free.
Don't mean nothing if you're not with me.
You could just have said that 15 years ago.
I didn't know it 15 years ago.
I didn't know it until after.
I never lied to you, Martin.
So I'm telling you,
I want to be a good husband.
I want to be a good father.
I just don't know how.
I need your help.
Oh, it's all right if you don't say nothing, huh?
I know it ain't been that easy for you.
I'm going back to Kearney.
I'll be there if you want.
Hey!
You'll lose more wagons, Evan.
Good luck to you, Mrs. Hubbard.
Thank you.
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