All language subtitles for S3E29-Trial for Murder-Part 1

Major! Major Adams!

Major Adams?

Major! Major!

I gotta find the Major. Why?

I gotta find him, that's all.

Tell me what's the matter
with you anyway!

Bill... there's been a murder.

Mason.

Hey, Mason!

Come on, wake up! Mason!

Come on, you're movin'.

Movin'? Where?

You're goin' to the jail wagon.

Jail wagon? Charged with murder.

Come on.

I always said that
Mason boy was no good.

I always said that
if he never stopped,

he'd kill somebody.

You know I always said that.

Yes, Mildred,
you always said it.

What would Brad have
against a man like Ivers?

Brad's got something
against everybody.

If you ask me,

hanging's too good for him.

Suppose he didn't
do it, Mildred.

Of course he did it.

Who else would do
a thing like that?

A fair fight between men
is one thing.

But a killin' like this...

Mr. Ivers gave me
a dollar once...

just to help him
reload his wagon

when the load shifted.

He was a good man.
He always paid his way.

What are we gonna
do about the killin', Pa?

We can't hold up the train
for a murder trial.

We're behind time now.

First thing you know, we'll
be caught in snow country.

No point in a trial anyway.

Everybody knows who did it.

Maybe there won't be no trial.

I reckon we could talk to a few
folks and see if they want one.

Murder?!

Just think... it could've
been any one of us.

When Carter got his
mind fixed on comin' west,

I said, "Carter! All those rough
people? You think it's safe?"

It isn't as though
you could choose your company.

Do you know that Eileen
danced with that Brad Mason

at the last square dance?

She didn't!

Bessie, what did you do?

Well, I didn't know
he was a murderer then.

Well, you don't know
that he's a murderer now.

Eileen, he's been arrested.

He's in the prison wagon
right now.

But he hasn't been tried yet.

Are you defending that murderer?

Of course she isn't. She
doesn't know what she's saying.

She's just a young, silly girl
without a brain in her head.

I heard Brad Mason quarreling

with poor Mr. Ivers
just the other night.

And come to think of it,

I'm not even sure he
didn't threaten him then.

And when you come to
think about it a little bit longer,

you'll be positive you heard
Brad threaten him, won't you?

Eileen!

And maybe after
a little bit more thought,

you'll remember seeing
Brad actually attack him.

What's the matter
with all of you?

When I was a young woman,

we had respect for our elders!

What's going to happen
to the little Ivers boy?

How are they ever gonna
tell him about his pa?

MAJOR: David, you're gonna
move over to my wagon for a while.

Your daddy's asked me to
take you on to San Francisco.

We'll meet your mother there.

Where's my daddy?

Well...

let me tell you, sonny.

Sometimes...

Sometimes our fathers
get called away.

Was my daddy called away?

Yeah, he was called away.

He didn't tell me.

You see, he didn't know, Davey.

It happened kind of sudden like.

Let's you and me go over and
get a hold of old Wooster, huh?

See if he's got some cookies.

With raisins?

He'll have raisins in 'em
and every other thing.

Come on.

All right, cut it out, Mason.

You've got the gun.
You can give the orders.

And don't you forget it.

You'd like to plug me
right now, wouldn't you?

Might save a lot of
trouble for later on.

Well, go ahead. Help yourself.

Poor little fella.
He's all tuckered out.

Fell asleep the minute
I put him down.

This has always been one
of my favorite campsites, too.

Desert sure is pretty
this time of year, ain't it?

It's never gonna be
the same after this mess.

Let's see. I think
we got there men here

registered as lawyers.

Alexander Drew...

English barrister, retired.

I thought you was
lookin' for lawyers.

Charlie, a lawyer in England

is called a barrister.

What's the matter with them
people? Can't they speak English?

Aw, stop tryin' to be funny.

I wasn't tryin' to be funny.

Then we've got Archibald McAdoo.

And we've got Harley Green.

And here's a professor of law...

Mark Applewhite.

Charlie, round up
those four fellas,

and get 'em back here
as soon as you can.

Here, keep pluckin'. I'll hurry.

I thought you were
guardin' that Mason.

I just got relieved.

Pretty tough customer, isn't he?

He won't win any popularity
contests, that's for sure.

Charlie! Yeah, I'm goin'.

You still figurin' on a trial?

I am.

I passed the Millers back there.

They were talkin' about
riggin' a gallows.

You can always
count on the Millers

if there's any trouble
to be gotten into.

And the help they were
gettin' from a lot of the people

would really surprise you.

The mood these folks are in,

I don't think they'll
hold still for a trial.

There's gonna be a trial.

Not gonna be any
lynching on this train.

Yeah, and yesterday
you would've said

that there wouldn't
have been a murder.

Bill...

Brad Mason's gonna get
a fair trial by a jury.

Anybody that tries to lynch him

is gonna have to step
over my dead body.

But we've got only three
guns you can count on...

Charlie's, yours, and mine.

It's over 200 miles
to the nearest law.

You actually think you
can give Mason a fair trial?

The day I can't...

that's gonna be the day somebody
else takes over as wagon master.

Well, we can
string him up with this.

Come on, let's go.

But, my dear Major Adams,

do you have the right,
the authority,

to conduct a trial out here?

Sir Alexander...

maybe you should've read
those articles you signed

when you came on this train.

Apparently you didn't read 'em,

so I'll recite
part of 'em for you.

I know 'em pretty good.
I wrote 'em.

Under the Articles
of Transportation,

the wagon master
has the same rights

and the same responsibilities

as the captain of a ship.

Whenever the train finds
itself outside the jurisdiction

of duly constituted authority,

it is the law
that the wagon master

shall set up rules governing
that train. Is that clear?

Perfectly.

All right, then. Bradley
Mason has a right

to trial by a jury of his peers,

the same as any other
man in any other community.

Can't we wait until
Sacramento for that?

Sacramento's a long way's off.

Too long to keep a man under
guard and try to protect him.

I'll undertake the
prosecution for you, if you like.

Fine.

I'm afraid I couldn't
undertake to defend Mason.

Can't get along with him
for five minutes.

We've almost come to blows
a half dozen times already.

I wouldn't take
his case for $1,000.

Last week, he got drunk
and stampeded my horses.

Took the best part of the
night to round them up.

Bradley Mason's
nothing but trouble.

I wouldn't want to be the
one to stand up for Mason,

with feeling running
the way it is against him.

That's right. We might
get strung up with him.

Just a goldarn minute.

I thought you were men of law.

I can hardly believe my ears.

Don't you lawyers
stand for anything?

It's pretty hard to stand for
a man like Bradley Mason.

To kill someone like
Ivers in cold blood.

That's my feelings exactly.

Now, just hold on.
Maybe I missed something.

Is this trial over?
Is the verdict in?

No, of course not.

Then how in the name of...

Gentlemen, gentlemen...

I must agree with Major Adams.

You are speaking of
a guilty man.

You men of law... pledged
and dedicated to justice...

Have already judged
Bradley Mason guilty.

Professor Applewhite,

are you acquainted
with Bradley Mason?

Yes, slightly.

Do you like him?
Not particularly.

He's young and brash

and full of self-importance.

But good heavens, you
can't hang a man for that.

I've been listening
to you gentlemen,

and I give you my word, I
wonder if I'm still in America.

Ah, but this is not
America, Professor.

This is wilderness.

There, sir...
is where you are wrong.

As Major Adams
has been telling us,

wherever this caravan passes,

wherever it rests,

however deep in
the wilderness we go,

there is America.

We take our country
with us wherever we go.

We also take our obligations

and our consciences.

We, sir, are a civilized people.

Academically speaking,

is murder civilized?

Ah, nonsense. You know
better than that.

Murder is a relic
of the barbarous sages.

But we must deal with it
in a civilized manner.

Where did you gentlemen
study law?

Who were your teachers?

Don't you know that
a lawyer's first duty

is to uphold
the cause of justice?

Justice for the guilty...

justice for the innocent...

and above all,
justice for the accused.

For he is accused.

And he stands alone.

And his lawyer... is his life.

I feel as if I have been
caught cheating in the finals.

So do I.

I guess Harley and I
had it coming to us.

What's the matter
with people, Abby?

Why are we so bloodthirsty?

Why are we so prone to condemn?

Look out there.

They're building
a gallows already,

hoping for a Roman holiday.

You're a dedicated man.

You think of law
in the finest sense.

You can't expect everyone
to feel the way you feel.

I do expect a lawyer
to know his obligations.

If he doesn't, he has no
business practicing law.

That poor boy has
no one to defend him.

Will there be a trial?

Oh, Adams says there will, yes.

All the attorneys around
here want to be prosecutors.

They're all forgetting
the very basic foundation

of justice and law and order,

that a man, innocent or guilty,

is entitled to a defense.

Mark, why can't you defend him?

My dear, I'm a teacher,

not a lawyer.

Besides, it would be sheer
presumption on my part

to attempt to take the life
of a man into my hands.

You've been saying someone must.

Besides, haven't you been
telling others how to do it

all your life?

Yeah. Telling is one thing.

Doing is another.

You said you wanted to
practice when you retired.

Yes, but not criminal law.

Now you're making excuses, Mark.

Haven't you any
obligation in this matter?

Are you coming to Mr. Ivers'
burying, Mrs. Applewhite?

Oh, I hadn't thought of it.

It's been weeks
since we've had one.

Most everyone's going.

I think I ought to
warn you, boy...

I've never appeared
in court before.

Well, what's the good in my
appearing? What chance have I got?

Did you kill Ivers?
Does it matter?

I'm gonna hang for it,
whether I killed him or not.

I can tell you one thing.

You're not going to get
very far with that attitude.

If you came here to preach
to me, you can forget it.

I came here to help you,
to offer you my services.

Well, I don't want
your services.

Very well.

Very well.

Oh, if you should
change your mind,

I'll be glad to do what I can.

Fight for your life, boy.

Fight for it.

Don't let anybody
take it away from you

without fighting for it.

Murderer! Murderer!

I say we string him up
right now!

Let's move on!

Are you standin' up
for the murderer?

No, but I'll shoot the first man

that tries to get
inside that wagon.

Mason's gonna get a trial.

Did he give Ivers a trial
before he killed him?

No, he just bashed his head in!

MAJOR: Hold on there! Hold on!

There's no use in you people
gathering around this wagon.

Go on about your business.

Why are you protecting
that animal?

You caught him dead
to rights, didn't you?

No, I didn't catch him
dead to rights.

I didn't see him kill Ivers.

And that animal
you're talkin' about

happens to be a human being.

And he's entitled to
the benefit of any doubt.

I put him under arrest
because of certain evidence,

and he's gonna be tried on
that basis of that evidence.

I didn't ever figure you'd
side with murderers.

I figured you for
law and decency.

I am for law and
decency, Mr. Miller.

But I don't hold with
answering murder with lynching.

We're a long ways from any law.

We people are not gonna stand

for a common murderer
getting away.

Don't be surprised if you
see him hangin' out there

with his next stretched
in the morning!

Major Adams?

Major Adams!

I want to talk
to Mark Applewhite.

I'll tell him.

And now, my boy,

I'm going to put it
to you again.

Did you kill Ivers?

I don't know.

You don't know?
You mean to tell me

you don't know whether
or not you killed a man?

It's God's truth. I don't
know. I'd been drinkin'.

Oh. Well, did you see
Ivers at all on Saturday?

Yes.

Uh, what time?

10:00.

10:00? You seem mighty
positive about the time.

I told him I was gonna
meet him at 10:00.

Uh-huh. Where?

I met him at his wagon.

Then we went down to
the water hole to talk.

Why did you go down there?

We had some business to discuss.

It seemed like
a good place to talk.

What sort of business?

Something about a job.

I'm afraid I shall
have to ask you

to be a little more
explicit, my boy.

I'd heard that Ivers was gonna
buy a paper in San Francisco,

and I thought I might fit in.

Have you ever worked
on a newspaper before?

What's that got to do
with anything?

My dear boy, would you
please let me be the best judge

of what's got to do with what?

All right, I did work
on a newspaper.

In Buffalo? Yes.

Ivers owned a newspaper
in Buffalo, didn't he?

Did you work for him? No.

Now, look here.
Your life depends on em.

And I don't want any
unpleasant surprises,

so whatever the worst is,
tell it to me now,

so I can be prepared for it.

I did work on Ivers'
newspaper there.

Then you knew him before
you came on the train.

Yes, I knew him. I hadn't
seen him in a long time.

Were you friendly?

I hated his guts.

His... And yet you made
an appointment with him

to ask him for a job.

Why not? I need a job.

How did he take your asking him?

He turned me down.

And you... you quarreled?

It wasn't very friendly.

Did you come to blows?

No.

No, I don't think so.

You don't think so?
Don't you know?

I don't think
there was any fighting.

Most of last night
is a complete blank.

I remember talking to Ivers,

and I seem to remember
him looking at me,

smiling that blasted
superior smile of his.

Then I remember coming
back to my wagon,

looking for the rest
of my bottle,

and I remember
Major Adams shaking me,

but in between, there's
just a lot of dark spaces.

Hmm. Dark spaces.

Did you take your rifle with you

when you went to meet Ivers?

No. What would I want
with my rifle?

Well, you know that
Ivers was killed, don't you,

by blows from the butt
of your rifle?

No, no, I didn't.

Didn't anybody tell you?

Oh, yes. Major Adams
found your rifle

in your wagon

with Ivers blood still
on the butt of it.

But that doesn't make any sense.

Why not?

What would I want with my rifle?

I was wearing my gun.

Possibly a rifle
makes a better club.

No, no.

You say you don't know

whether or not
you killed Ivers, huh?

That's because I passed out.

Don't you see? It isn't logical.

We'll have to get
a better defense than that.

Do you remember seeing
anyone else last night?

No, no one else.

Hmm. If we only had one...

Just one witness... who could
account for some of the time

you say you can't remember.

I didn't see anyone.

All right, my boy.

All right.

Mr. Hawks, would you
please let me out?

Where you goin'?

Back to my books.

Well, books aren't
gonna help me!

Laws were instituted
and books written

just to help you.

Oh, sure.

If you're to be set free,

the law... and only
the law... can free you.

Oh, thank you.

And that's the way we'll
proceed with the trial.

Mr. Drew will undertake
the prosecution...

Professor Applewhite
will handle the defense.

What about a judge?

We've got an elected judge.

Just a minute, gentlemen.

Frank Hoag was elected judge

simply because he won
a popularity contest.

Now, this is
no popularity contest.

And the man isn't well.

And my client's life
is at stake.

What we must have is
someone with the authority

to keep things in order

and see that this trial is
conducted without bias.

Personally, I'd be very happy

to have Major Adams
preside as trial judge.

So would I.

Well, I suppose I could do it,

if you're all agreed.

I presided at quite a few
court-martials while I was in the Army,

so I know something
about trial procedure.

All right, how soon
can we get started with it?

Well, this case should
take weeks to prepare.

Professor, the folks
in the mood that they're in...

The sooner we get started with
this trial, the better off we'll be.

Good luck, Mr. Advocate.

Thank you, sir. I can
hardly wish you the same.

Mildred, what you bakin'
all them pies for?

We're havin' a party
after the hangin'.

Maybelle's stuffin'
wild turkeys,

and Mrs. McGivney's making
her sweet and sour potato salad.

Isn't it fun?

Haven't had anything
like this to look forward to

since the Fourth of July.

Henry, you come right back here.

You've got to help me
trim the table.

I borrowed every cup
on the train.

Hope it's enough this time.

There always seems to be
more people than there are cups.

Bess, do you think you
could let this out for me

before tonight?

It fit perfectly in St. Joe,

but all these damp nights
seem to have shrunk it.

You'll never get any four inches

out of these seams.

I've lost so much
weight on the trail.

Clara, are you gonna be
that fancy?

We ought to dress up
when we get the chance.

This is my first hanging.

Oh, goodness, Eileen,
you gave me a start.

You're enjoying this.

Why not? There's so little
to enjoy anymore.

You're not human... any of you.

You're not people, you're a mob.

You're on a witch hunt.

You're just a little girl.

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

You mean I'll know
when I'm older?

You mean I'll be like you,

crying out for flesh and blood?

You'd better take that
girl in hand, Bessie.

I'd better hurry along.

They're starting the trial,

and I'm volunteering
for jury duty.

Oh, let's all go! Just give
me a minute to change!

Give me a minute,
and I'll be right with you.

This court will now
be in session.

The first thing we've got to do

is pick ourselves a jury.

Mr. Applewhite
and Mr. Drew there

are gonna ask you people
some questions.

They have a right
to excuse any one of you

or all of you, as they see fit.

When and if you're excused,
you'll step down,

and somebody from the
alternate jury will take your place.

Mr. Drew here has the first
questions, I believe.

Do you believe in
capital punishment?

I most certainly do!

Do you?

Oh, yes, sir.

Do any of you not believe
in capital punishment?

I'm satisfied.

Sir.

Now, Mrs., uh...

What is your name?

Anderson.

Mrs. Anderson, yes.

Have you any preconceived
ideas about this trial?

I have an open mind,
if that's what you mean.

You're acquainted with
the prisoner, are you not?

I should say I am.

Do you like him?

Major Adams, is that
a fair question?

Well, Mrs. Anderson,

if you don't like the prisoner,

it's be pretty hard for you
to judge him fairly.

But I want to be on the jury!

Mr. Applewhite, would
you like this juror excused?

No, thank you.

I'll get back
to her again later.

Now, uh, Mr. Bevins,

have you formed any ideas
about this trial?

I don't think so.

Are you a drinking man,
Mr. Bevins?

Yes, I take a few now and then.

Have you ever been known to take

just a few too many?

I don't know any man who hasn't.

Are there any complete,

out-and-out teetotalers
on this jury?

Put up your hand, Clara.

I don't want to be
put off the jury.

They can't put you off
the jury for being sober.

Mr. Russell...

have you formed any ideas

about the guilt
of Bradley Mason?

Everybody says he did it.

Mm-hmm.

Now, you agree
with them, don't you?

Well, if you can prove
to us he didn't do it,

I'm willing to listen.

It is not the function
of the defense, sir,

to prove a man's innocence!

It is the function of the
prosecution to prove his guilt.

Well, I guess that's
one way of lookin' at it.

Can we find 12 people, sir,

in this entire wagon train

who will listen to
this case impartially

and judge without prejudice?

Mr. Applewhite, would you
like this whole jury excused?

No, thank you, Your Honor.

I'll accept seven and twelve.

You may excuse the rest.

MAJOR: Everybody
except Charlie and Bevins

can step down.

I'll never forgive you,
Maybelle!

It's not my fault
you're a teetotaler.

Good evening, my dear.
Good evening.

Well, we finally got
a jury together.

We had to go through
half the camp to get one,

but we did it.

I kept your supper hot.

Thank you, my dear. Thank you.

You know, I've had
the strangest feeling

that I should be
seeing something...

that the face of a murderer
is right here in camp,

perfectly plain
for everybody to see.

But I don't know where to look.

I wonder why Ivers was killed.

He seemed to get along
with everyone.

Oh, he did. He did.

And yet he was killed with anger

and violence and premeditation.

Premeditation? Yes.

Whoever killed him went
to an awful lot of trouble

to make it look as though
Brad had killed him.

You really think
Brad's innocent, don't you?

I do, I do.

I only pray that I may prove it.

The men will be gathering soon.

Oh, Clara, I'm frightened.

Why? They aren't gonna hang you.

What's happening to us?

We were all nice, decent people

when we started out.

Now I'm afraid to get
out of the wagon.

Murder. Hangings.

Oh, I wish I'd never left home.

Good evening, Mrs. Traymore.

Is Eileen around?

No, she went off with
some of the young folks.

Will you please ask her
to see me at my wagon

as soon as possible?

Thank you.

Well, I never!

You don't suppose Eileen's
gonna be in the trial, do you?

Oh, Clara, don't say
such things!

You don't suppose Eileen
is mixed up in the murder?

Eileen.

You don't want your mother
to find you out here, do you?

They're gonna kill him,
Major Adams.

They're not gonna kill anybody.

Nobody understands him.

Nobody but a 16-year-old girl?

Maybe I am only 16,

but I can listen, and I can see.

And I can love.

Child...

If he dies, I want to die, too.

If he's innocent,
he's not gonna die.

Nothing's been decided yet.

Oh, but it is.

The trial hasn't even begun.

It never will begin.

It's already over.

Quiet night, eh?

Yeah, it's quiet, all right.

About the noisiest
quiet I ever heard.

It almost screams at you.

I hope Mason eats
some of his supper.

None of the rest of you
touched yours.

Charlie, I don't like the looks
of those gallows out there.

I don't, either.
Let's knock 'em down.

Major, let's go knock
them gallows down.

No. I've been tryin'
my very best

to keep from doin'
just that all day.

The worst thing
we could possibly do.

Probably end up in a fight,
and then we'd have bloodshed.

Best thing to do
about that gallows

is just pretend it's not there.

How will you pretend it's not
there when Mason's swingin' on it?

Mason's not gonna be
swingin' on it.

Before they get him,
they've gotta get to me.

That's what I'm worried about.

I'm scared, Major.

Maybe I'm scared, too.

But I know what I've got to do.

Charlie, it's about time
for Mason's supper.

Maybe he's hungry.

If we can't eat, I don't
know how he can.

I don't know, but
let's go see. Come on.

All right.

Is it right...

What they mean to do?

He's a murderer, isn't he?

Even if he is, it don't
seem right somehow

to hang a man without a trial.

But you said hanging was too
good for him. I heard you myself.

Saying's one thing. Doing's
something else again.

I never saw a man hanged.

Suppose it was my Henry.

Or me.

There's nothin'
we can do to stop them.

Nothin' at all.

I say we take him right now
and be done with it.

Come on, let's get him.

Come on, men.
Let's go get Mason.

You men go back to your wagons.

We've come to get Brad Mason.

You're gonna have
to kill seven of us

before you can get to Mason.

How many of you
do you think will die?

You're bluffin'. I don't believe

you'd shoot these men
to save a murderer.

There's one way
you can find out.

Now, boys, there's only one
wagon master on this train,

and that's me.

Not you or anybody else.
Just me.

Miller, you put that gun
down, or get ready to use it.

My quarrel isn't with you.

We've come to get Mason,
and we're gonna get him.

MAJOR: Now, pick him up
and get him out of here!

The rest of you get, too!

You men knew how
I run a wagon train

before you ever signed on.

Any of you don't like it,

get out of here and get out now!

Well, that's the end
of round two.

Yeah, I know, Bill.

But it's not
the end of the fight.

They'll keep comin'
back again and again.

Every time they come back,
they'll get a little bit closer.

I hope they do leave the train.

Men like the Millers
never leave, Mr. Drew.

They're born troublemakers.

They'll do everything in their
power to break up this trial.

Gentlemen, tonight
you've made me very proud

that we are all members
of the same profession.

You risked your lives
to save Bradley Mason.

Well, you did, too.

Yes, but there's a difference.

I risked my life to save a man

that I believe to be innocent,

while you risked yours
to save a man

that you believe to be guilty.

Professor, you have made
students of us all again.

If men of law won't fight

for a man's right to
a fair and honest trial,

who will?

Aw, shucks.

I've got to go talk
to my client.

I, uh...

Here, sir.

Professor?

I don't think I've ever
seen a bunch of men

in as dangerous a frame
of mind as these are.

We'll be very lucky if we can
control them through the trial.

Tonight, sir, has proven to me

that you can.

Charlie, do you think
Mason's guilty?

You're not supposed to
talk to me about this case.

I'm on the jury.

Yeah, I keep
forgettin' about that.

You know, I wonder
how it would feel

sittin' up here runnin'
this whole shootin' match.

I don't know about that.

I'd rather be one of
them barrister people.

Ladies and gentlemen of
the jury... loan me your ears.

Lend me your ears.
That's what I said.

Oh, you did not. Who told
you to say that anyway?

One of Mrs. Elliott's
little boys.

Charlie, that isn't law.
That's Shakespeare.

It is not.

It is, too, and the next
line in that speech is,

"I come to bury Caesar,
not to praise him."

If that's the next line, I don't
think much of Caesar's lawyer.

Caesar's lawyer didn't say it.

Nobody said it.
You're just makin' it up.

I am not!
Shakespeare made it up.

What do you know
about Shakespeare?

I had to learn that speech
when I was in school.

Yeah, I keep forgettin'
you went to school.

Educated, huh? Heh heh.

How'd you get them
big feet under the desk?

Charlie, I need big feet.

You sure do, to carry that
big fat head of yours around.

$25 for contempt of... Aaah!

Get your feet off of
my desk, goldarnit!

Ain't you two got any respect
for a court of law?

Ain't no court
of law yet, is it?

It'll do till one comes along.

Major, do you think
Mason's guilty?

You are not supposed to ask me

that kind of a question.
I'm the judge.

I guess I'm not supposed to ask
anybody anything around here.

Then why do you do it?

Because I like to be yelled at.

Get out of here, the two of you!

Charlie, go fix my supper.

Court's gonna convene
within an hour.

Convene?

Hey, Bill.
What's he mean, convene?

Remember, Charlie? I can't
talk to you about the trial.

You're on the jury.

Oh, yeah.

Charlie!

I'm goin', I'm goin'!

The prosecution intends to prove

that the accused, Bradley Mason,

made an appointment
with Charles Ivers

at 10:00 on the night
of the murder,

that he'd been drinking when
he kept that appointment,

that he quarreled violently
with the dead man,

and that, before
that quarrel was ended,

clubbed Ivers to death

with the butt of his rifle...

The rifle that was found
in Mason's own wagon

with the blood of Ivers
still on it.

Those were the events

which led to the charge of
murder against Bradley Mason,

and those are the events upon
which, I solemnly charge you,

it will be your duty

to find a verdict of guilty.

Mr. Blake, you are acquainted

with the accused, Bradley Mason?

I am.

Did the accused make
certain statements to you

on Tuesday night
about the deceased?

Well, let's see, now...

Uh, the deceased would be...

No, that's the accu...

Major...

I keep gettin' mixed up
about who is what.

Eddie, the deceased
is Mr. Ivers.

He's dead.

The accused is
Bradley Mason there.

Oh. The deceased is Mr. Ivers.

Just tell the court,
in your own words,

what Mason said about Ivers
on Tuesday night.

Oh, now I get you.

Well, Mason said that
Mr. Ivers... rest his soul...

Was a low, miserable scum,

and somebody ought to
put him out of his misery.

Objection!

On what grounds, Mr. Applewhite?

The witness is repeating
a conversation

that took place several
days prior to the event.

It can have no possible bearing.

This conversation shows malice

on the part of the accused
towards the dead man,

and is admissible testimony.

Pshaw!

Your Honor,
may I remind you, sir,

that is a remark that
men make to each other

day in and day out.
It means nothing.

Four days after the accused
made that remark,

Ivers was brutally murdered.

Mr. Applewhite, I think
this is perfectly valid point.

We'll have to allow it.

Objection overruled.

Go ahead with your
questioning, Mr. Drew.

Will you repeat to the court

the conversation you overhead
between Mason and Ivers

on the day of the murder?

Well, I was comin' up
from the creek,

and there was Mr. Ivers...

Rest his soul... and Mr. Mason.

And Mr. Ivers was sayin'...
Rest his soul...

He was sayin',

"You're beginnin'
to annoy me, Brad."

And Brad said, "I'll do
more than annoy you

if you don't do what's right."

And then Mr. Ivers,
he kind of laughed.

And he says, "Don't you
threaten me, Brad."

And then Brad said, "If
you push me any further,

I swear I'll kill you."

Quiet, everybody. Quiet.

No further questions.

Your witness.

And what did Mr. Ivers say

in reply to Mr. Mason?

What was that, Mr. Applewhite?

I say, what did Mr. Ivers say

in reply to the statement you
have just credited to Mr. Mason?

Uh... sorry, I just
don't quite get you.

Oh? I'll try and be
a little louder for you.

What was the reply
that Mr. Ivers made

to the remark made by Mr. Mason?

Oh. Well, he didn't
say anything.

I guess they saw me comin'.

They just walked away.

Were the men shouting
at each other?

No. No, they...

They was just talkin'
quietly like.

And how close were you
before they discovered you?

Maybe 20 feet.

20 feet. Oh, 20 feet.

Let me see here.

Now, this is
approximately 20 feet.

Were the men facing each other,

or was there some
distance between them?

I don't understand you.

What do you mean,
you don't understand me?!

Or you don't hear me?
Which is it?

I didn't hear your question.

And yet you testified
that you heard perfectly

a conversation that
went on between two men

20 feet away from you.

Maybe they were speaking
louder than you.

But you just testified...

they were talking quietly.

Well, they were talkin'
loud enough for me to hear.

If they were talking loud
enough for you to hear,

the entire camp
would've been out there

to see what was the matter.

I tell you, I did hear 'em!

Your Honor, I object to
this line of questioning.

Counsel is badgering
the witness.

May I remind the prosecutor...

And the Honorable Court...

That my client's life
is at stake?

Surely, Your Honor,
you are not going to admit

such damaging testimony
from a witness

who has already proven his own
inability to hear at such a distance.

Eddie...

I must remind you
that you're under oath.

You don't want to put
yourself in a position

where you could be
on trial for perjury.

Are you sure that you heard
what you said you heard?

Well...

I was sure.

Are you sure now?

Well, they...

They said somethin' like that.

I'm afraid we'll have to
excuse this witness.

As the Court pleases.

Step down, Eddie.

He's giving up too
easily on this witness.

I don't think he cares
about his testimony.

You folks on the jury...

Don't pay any attention to
what Eddie has just said.

Bill, the testimony
of this last witness

will be stricken
from the record.

You folks will not
consider his testimony

in reaching your decision.

Call your next witness.

I call Libbie Carter
to the stand.

I danced with him
at the square dance.

He didn't stay too long.

He said he had to leave
to meet Mr. Ivers.

Did he say why he was
meeting Mr. Ivers?

He said it was business,

but he said it real sly like.

Objection!

The witness is
expressing an opinion.

Objection sustained.

But he did say he was
meeting Mr. Ivers?

Yes, sir, he certainly did.

Is this the murder weapon?

That's what I've been told.

Did Major Adams tell you
he found this rifle

in Mason's wagon?

Answer the question, Bill.

Yes, sir. He said that's
where he found it.

The butt of
this weapon is stained

with Ivers' blood, is it not?

That's what I heard,
but I have no way of knowing.

I must ask the witness
to confine his answers

to the questions asked.

Is this gun the property
of the accused?

I'm told that it is.

Don't you know
for a fact that it is?

I have no way of knowing this.

No further questions.

How many guns are there
like this in the camp?

There's hundreds, I guess.

That rifle is standard
hunting equipment.

I see. Isn't it possible
that someone else

might have used this gun
to commit the murder,

and then placed it
in Mr. Mason's wagon?

Yes, sir, it sure is.

Objection.

Objection overruled.

Mr. Drew, I don't know
we can say

that that is not possible.

Did you go to the square
dance with Bradley Mason?

Yes.

What time did he leave you?

He didn't leave me.

Did he leave before
the dance was over? No.

Come, now, we know that he did.

He didn't leave me!

Did he tell you to say that?

No, he didn't tell me.

You've heard witnesses
say that he did.

It isn't true!

Had Bradley Mason been
drinking that night?

Yes.

Did he tell you where he
was going when he left you?

He didn't leave me!

I went back to
his wagon with him

after the dance.

Be careful of your
answers, young lady.

You are under oath.

He didn't do it!

He didn't do it!

Are you in love
with the accused?

He didn't leave me!

No further questions.

Witness excused.

David, you know the
difference between telling a lie

and telling the truth,
don't you?

You promise me you'll
tell the truth right now?

That's a good boy.

Now, Davey...

you and I are just
going to talk,

as if there was
no one else here.

Look at me.

Don't worry about anyone else.

Right?

The night your father went away,

did he go away with anyone?

Can you show us who
he went away with?

With him.

Do you know that man's
name, David?

Brad.

Could you say that
a little louder?

Brad.

Was it late at night

when you saw your father?

How do you know?

I woke up. I was in bed.

You told me that you heard him

saying something to your father.

Can you remember what it was?

He said, "Not here.
The boy's asleep."

And my daddy said,
"Down by the creek."

And Brad said, "Let's go."
So, they went.

And you never saw
your father again?

He's dead. My daddy's dead!

That man killed my daddy!

Leave him alone.

Leave him alone!

I did it! I did it!

Leave him alone.

Stand back!
Stand back, all of you!

He's still protecting
Mason! Come on!

This court will have
a recess of one hour.

When we get back, we'll
see about passing sentence.

Get out of here, all of
you! Court's adjourned!

Get the boy back
to the wagon, Bill.

Too bad, sir.

You were waging
a magnificent fight.

Yes, just splendid.

It's somewhat like the old joke

about the surgeon that
performed a magnificent operation,

but the patient died.

I never could quite see the
humor in that old joke myself, but...

What are you
talkin' about, Mark?

You didn't lose
your case. You won it.

You were fightin' for justice,

and justice you got.

The fact that Brad confessed

doesn't alter the fact
that he was given a trial.

It certainly doesn't.

You were defending a man
who had no defense.

Didn't he? The poor boy...

What he needed was a lawyer.

What we gave him was a teacher.

Excuse me, sir.

My dear fellow, you
mustn't reproach yourself.

He confessed.

True. A teacher,
in 40 years of work

sees many faces,

hears many voices,

studies many kinds of eyes...

Soon learns to differentiate

between a cry of desperation

and a cry of truth.

And a lawyer picks up
a certain amount

of cynicism over the years...

Cynicism mostly about himself.

He knows he believes
his client to be innocent

simply because that's
what he wants to believe.

Well, you see,
I'm not a lawyer, sir.

I'm a teacher.

I'm sorry, my boy.
Awfully sorry.

See, I never believed
you did it.

I never believed you did it.

Pity he chose teaching.

He's have been a great advocate.

Yeah, maybe so.

But then he'd have been
just one attorney.

As a teacher,
he's give the world

thousands of young lawyers...

Thousands of young men
who believe just as he does...

That this is a country of law,

and the law must be honored,

just as the rights of
each man must be honored...

And defended...

If we're gonna have
any justice out here.

Well, come on, boy.

Let's go.