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[theme music]
NARRATOR: Gunsmoke, starring James Arness as Matt Dillon.
[banging]
Prisoner will stand.
[clearing throat]
Benjamin Justin, you have been found
guilty by a jury of your peers.
Thank you, gentlemen, for doing your civic duty.
I can't say that I agree with your decision,
but I suppose after listening to the testimony of two
eyewitnesses, Mr. Brantley and his son, Kyle,
you couldn't very well have come in with any other verdict.
Unfortunately, the fact that the prisoner has always
worked hard, lived by the good book,
has a wife who happens to be in the family way
doesn't mean a thing according to the laws
of the state of Kansas.
Does the prisoner have anything to say on his own behalf
before I pass sentence?
Your honor, there's been a lot of talk
about the trouble between me and Mr. Brantley.
Bradley He wants my land for the water, and I won't sell it.
But I didn't steal those horses.
God knows it.
And so does Mr. Brantley.
Benjamin Justin, the statute on horse stealing
leaves me no other choice than to order you taken to the state
penitentiary at Rock Haven, there
to be imprisoned for the rest of your natural life.
[banging]
The prisoner is remanded to the custody
of the marshal for transfer to the state penitentiary.
I'd bet my badge he's innocent, Kitty.
But I just can't prove it.
This court is adjourned.
[theme music]
Ah, good morning, Marshal.
Sam.
Looks like quite a night you had here.
We had a good one.
Well, Kitty, is that a joke, or are you planning on running
this place without customers?
First that Kyle Brantley last weekend,
and then those crazy bronc busters last night.
I don't know, Matt.
I think I'm just going to sell out
and take up full time nursing.
How about some coffee?
Sounds good.
Uh, pretty good job you did on that little Texas feller
there last night.
He needed it.
Yeah.
I collected this for the breakage.
Marshal?
I understand you were out at my place again yesterday.
That's right.
I told you before, I don't want you talking to my men
when they're working the stock.
Now, if there's anything you want to know,
you come to me, hear?
Took a little ride to Solano on the weekend, Garth.
Solano?
Yeah, that horse buyer that identified Justin?
He just sold out and moved to Colorado.
Well, those things do happen.
Then I rode out to see Kyle yesterday,
and I got another little surprise.
My son told everything he knew in court.
There's nothing more to say.
That's a good thing.
It'd be a little hard to say from that far away,
wouldn't it?
What do you mean by that?
You put him on a stage two days ago
and got him out of town to keep his mouth shut.
I sent him east to study law.
Where, in a saloon?
All right.
I admit he's had a few little scrapes in the past,
but-- well, that's all behind him now.
About 2,000 miles behind.
Look, Marshal, I don't know what you're thinking--
I'll tell you what I'm thinking.
Your boy sold your string of thoroughbreds
to pay off his gambling debts, and you're trying
to hang it on Ben Justin.
Why would I do a thing like that?
Cause you hate Ben, and you've wanted his land for 10 years.
With him in prison, his wife will have to sell it.
Not necessarily to me.
It'd be interesting to see who makes the high bid.
Unless you have hard proof of all this, Marshal,
I suggest you hold your tongue.
There's a man sitting in the governor's chair in Topeka
that I count as a very good friend,
and I don't think he'd take very kindly
to you slandering my son.
Brantley.
You know, there's a man sitting in a prison cell in Rock Haven.
He doesn't belong there.
What's your friend going to do about that?
Excuse me.
I wish I could.
-Where's Doc? -He's in the long--
Doc! Doc!
Doc, you gotta get to the Justin farm quick.
-Why? -It's Mrs. Justin.
She's about to have her kid.
What?
She's not even due yet, is she, Doc?
No, she isn't.
I'd better get out there.
I'll get your buggy.
I'll meet you out there, Doc.
I can't, Doc.
I just can't.
Well, Elizabeth, you-- you just don't have much choice, do ya?
It'll be a lot easier if, uh, you can just kind of relax.
I want Ben here.
I want him here.
I know you do.
You just relax.
You've got a lot more important things to think
about right now for a while.
You've got a baby that's trying to get into the world.
What kind of a world is it?
Well, I wonder myself sometimes.
But it's the best one we've got right now.
Sorry to go on like this, Doc.
Well--
I'm scared.
I understand.
But let me tell you something-- in a little while,
you are going to be so busy changing diapers, taking care
of a squawling young one that you just won't
have time for anything else.
And you're not going to be alone anymore, either.
I think that's Kitty. I'll be right back.
Kitty.
Hello, Doc.
Here, let me have these.
Oh, thank you.
Did you bring a [inaudible]?
Yeah, it's out in the buggy.
I'll get it.
Thank you.
How are you feeling, Elizabeth?
Terrible.
Thank you for coming, Kitty.
Well, I'm going to stay here as long as you need me.
I hope it's a boy.
Ben sure wanted a boy.
Ben's going to be happy whether it's a boy or a girl.
Doc?
Doc?
Well, I don't like little Dickens
is going to wait any longer.
Kitty, get some water on the stove,
and make sure it's boiling, will ya?
Please.
All right.
Next time you won't give me any lip when I tell
you to shine my boots, boy.
There he is!
Lord Satan himself.
Strike him dead.
I'll take care of you later, you old coot.
Well, if you've learned your lesson,
boy, I might just show you how Sunday go to meeting
nice I can be when I want to.
The warden asked me to give you it this afternoon.
Plum forgot.
About your wife.
Going to cost ya.
Ring'll do.
Just says your little woman had herself a young'un.
Named for his daddy.
Jailbird Justin.
You seem to forget, boy, you're going to spend the rest
of your natural life in here.
You'll never see your kid.
Never.
Five years ago he was all set to go free.
Got himself riled up.
Took a lick at me with a cell stool.
Parole board fixed him good.
Now the old coot's going to die in here.
Same as you will, boy.
Rot away and die, as sure as I'm your lord and master.
[laughter]
[baby crying]
[knocking]
I'll get it.
Well.
Kitty.
How's the new arrival?
It's about time you got out here, with the new baby.
And the mother's been doing so well,
she doesn't even need me anymore.
I was just heading on back to Dodge.
That's a fine looking boy.
Thank you, Marshal.
Marshal, I want to thank you for sending that telegram
to Ben at the prison.
I just wrote him a long letter, all about his son.
Elizabeth, I, uh-- well, I didn't
come out just to see the baby.
I-- I have some news.
Ben escaped from prison yesterday.
He escaped?
He attacked a guard.
The man's seriously hurt.
Oh, he couldn't have.
I'm sorry, Elizabeth.
I don't believe.
Ben just couldn't do that.
Elizabeth, if a man gets desperate enough,
he'll try anything.
You know, Elizabeth, I-- I never believed that he stole
those horses, but if he shows up around here,
I'll have to arrest him, bring him in to face the new charges.
But Marshal-- you said yourself,
Ben never should have been put in prison in the first place.
I know.
But he was legally convicted.
There was nothing I could do.
Kind of makes you wonder what's fair, doesn't it?
Kitty, I'll see you as far as the crossing.
Hush, little baby, don't say a word.
Mama's gonna buy you a mockingbird.
If them whistling birds don't sing,
mama's gonna buy you a diamond ring.
And if that diamond ring turns brass, mama's gonna--
Ben.
Ben.
Here, Ben.
You take him.
Go ahead, hold him.
You won't hurt him.
Thank you, Elizabeth.
Oh, Ben-- Ben.
Ben-- Marshal Dillon was here.
I saw him leave.
Elizabeth, I--
Shh.
You're gonna-- you're here with me now.
That's all that matters.
I can't stay long.
Maybe a day or two.
Let's not talk about that now.
Right now, all that matters is that you're home.
My man is home.
You're supposed to be resting, not squeezing a man after that.
You're a new mother.
And you're a new father.
And that calls for a celebration.
I'm going to fix you a dinner fit for a king.
You're gonna rest.
I'll rest when I'm dead.
Right now, I'm just so alive I could--
That should interest you, Marshal.
Wanted for murder?
The guard died early yesterday morning.
Are you sure Ben Justin is the one who stabbed him?
Of course I'm sure.
The guard's body was found in Justin's cell.
The door was open, the prisoner had escaped.
Were there any witnesses?
No.
Marshal, I could convict even you on circumstantial evidence
as solid as that.
One other matter before I leave Marshal.
What's that?
We understand your doubts about Justin
stealing those horses has caused-- well,
it's been a source of some embarrassment
to Garth Brantley.
Is that so?
In view of what Justin has got himself into now,
I think you'll agree your sympathies were misplaced?
You know as well as anyone else in this town
that Ben is innocent.
There are at least 12 good people in this town
who think he's guilty.
By the way, Marshal, the attorney general
would appreciate it if you did nothing further
to disturb Mr. Brantley.
I'm sure you understand.
And now, if there are no further questions--
You said that there, uh, weren't any witnesses.
How can you be so sure that Ben killed that guard?
Who else?
No other prisoner so much as poked a toe outside his cell,
and-- I'm afraid no matter how hard you try to explain it
away, the man whose good character you and Marshal
Dillon swear to has turned out to be a cold blooded killer,
and the attorney general wants him, dead or alive.
Well, if you hadn't made that last move,
I wouldn't have cleaned the whole board.
Ain't no such thing as just [inaudible].
You cheat all the time. That's a-- [inaudible].
Well, I wonder what Mrs. Justin's
doing up and around so soon?
Miss Elizabeth.
Oh, hello, Festus.
I think my horse went lame.
Oh?
Maybe he just got a rock in his foot.
Here, hold her up here, boy.
No.
But his tendon's all swole up.
I'll tell you something, these here old wheels
look mighty wobble-ty on here.
I wanna say, them old wheel boxings is wore plum out.
Yeah, this thing's pulling just like an old sled.
It's a wonder you even got into town.
No-- I need this wagon to get my supplies home.
Oh, what am I going to do?
It's gonna take a while to get it fixed.
I'll tell you what I can do-- I can take you back out the house
in that old livery buck board.
I surely would appreciate that.
Festus, I'll meet you at the livery here.
Yes.
Elizabeth.
What are you doing out so soon?
Where's the baby?
Uh-- oh, he's with Mrs. Johnson.
Kitty, didn't I just see Mr. Cragan with the marshal?
Yeah.
Has it anything to do with Ben?
Kitty, if there's something wrong, please, please tell me.
Well, you're gonna find out sooner or later.
The guard died.
Ben's been charged with murder.
Oh, no!
He can't have.
I don't believe it.
Elizabeth, I don't want you to tell me anything,
but if there's some way you can get a message to Ben,
he'd better get out of the state of Kansas as soon as he can.
Whoa.
Here, Miss Elizabeth.
I'll help you in with your things.
Oh, no. It's all right, I-- I'll manage.
Well, I'd sure be glad to.
Oh, no.
I can handle it.
I surely do appreciate you bringing me home.
Yes, ma'am.
All right, get up.
Thank you.
Yes, ma'am.
Ben.
That guard died.
You've gotta get out of Kansas, now.
What do you mean, he died?
He couldn't have.
He did, Ben.
Now, they're looking for you hard.
You've got to go.
And the baby and I are going with you.
Elizabeth.
Listen, I gotta go alone.
You're not strong enough yet.
If I make it, I'll send for you.
Ben!
How did all this happen?
And why to us?
We never did anything bad to anybody.
It's all going to work out somehow.
Oh, how?
I don't know.
But it will.
I'd best be going, now.
No.
Elizabeth, you've got friends here.
You've gotta stay.
They'll help you all they can.
Friends are friends.
You're my husband.
Maybe if it was just you and me, but there's the baby now.
Now, he's more important than the both of us.
The most important thing is that we're all together.
I've got a feeling that if we don't go with you now,
I'm never going to see you again.
Whoa.
Some kind of peddler.
[knocking]
Jay Luther Gross at your service, ma'am.
Pins, needles, nails, buttons, bows, and bustion.
Mister--
You name it, Jay Luther has it, including
that magic miracle elixir, oil of South American anaconda.
Well, I just don't need any.
Cures not only aches and pains of the bones and muscles,
but also gout, gallstones, rheumatism, dyspepsia, women's
humors, and hundreds of other miseries.
Please, mister--
Or simply steam it over boiling water,
and you've got yourself the most powerful vapor
since the breath of the Almighty blew out of Jordan.
Cures croop, hack, twitch, wheeze,
whistling snores, and we--
[baby crying]
Please, I gotta go now.
Aw, forgive my enthusiasm, ma'am.
Never let it be said that Jay Luther was pushy.
The customer is always right in my book.
I just can't afford any of that.
No matter, ma'am.
No matter.
Jay Luther never leaves the hospitality of a lovely lady
without a small token of appreciation
for a gracious welcome.
Now, this is just a sample-- only a few drops--
but there are folks, once they try it,
call it the milk of human kindness.
Now, I am on the merry way, and may the good lord bless
you and keep you kind, lady.
Till we meet again.
[clearing throat]
All right, Louie.
If you got it into your head that
I was a-sleeping on the job--
I didn't say anything, Festus.
But I know what you're thinking.
The only thing I's doing is a-resting my eyeballs.
I always do that when I get to thinking hard on something,
don't you see?
That [inaudible].
Have a seat, Louie.
Take yourself a wing.
Obliged.
Coffee, please?
Oh.
That there's that blamed patent medicine drummer again.
Be right back, Louie.
He's back!
That Justin, that killer is back,
right smack dab up in that cabin, with that woman,
and I seen him.
I seen 'em both, and he don't even know I seen him.
-Oh, I don't-- -Marshal, he's back!
He's back!
He's back!
Why don't you just simmer down before you boil over, now?
What's going on?
Oh, this here blabberty mouth, he claims he seen Ben
Justin out at his own place.
I get the money, don't I?
-Are you sure it was Justin? -Spittin' image.
And I'm the first, I know you can't deny that, I'm the very
first to put in an up and up, honest to god,
legal claim to those 500 beautiful dollars.
That's right, you're the first one.
I'm going out there.
Do you want me to go with you, Matthew?
No, stay here and take care of him.
I'm gonna have it framed.
$500.
Why don't you just call up some place with that snake of yours?
They haven't started to fix it yet, it looks like.
He won't do us any good.
What'll we do?
We're just going to have to take another horse and wagon.
We'll leave ours for trade.
I don't like to do it, but we got no choice.
I just hope that--
You hope what?
Oh, nothin'.
I was just thinking about Ben and Elizabeth.
It's your move, Burke.
Go on, get to movin'.
Well, what about them?
Nothin'.
It's your move.
Look, Festus, I know what you're thinking,
but Ben Justin escaped from prison, he killed a guard,
and now he's got to stand trial for it.
Burke, I just wish that you'd quit your blabbering,
and start to thinking about the game.
That's what I wish.
Law's the law, Festus.
But he wasn't guilty of stealing them horses,
don't you see?
Well, he wasn't proven innocent, either.
And I might have expected something from a numb
noggin like you, Burke.
Ya ain't gotta get proved innocent.
You gotta get proved guilty, don't you know that?
Marshal?
Marshal not here yet?
Come slippin' up on a-body like that,
and you're just liable to get yourself
a face full of coffee grounds.
Hey!
What you doing there?
I just hope he didn't run into no trouble.
That's gotta be a desperate man--
Why don't you just get on outta here and hush up?
I got work to do, and--
He-- he stole-- he stole one of my buggies.
He-- he lit out of town, heading south.
Who you talking about, Eli?
This here's my job, Burke.
Now, what in the tarnation are you blabbering about?
You know, that fella.
The one on the poster.
Justin. -Justin?
But I thought he--
Burke.
Hush.
You've gotta get him, Deputy.
And you shut your tater trap, too.
Now, here, Eli.
You just sit down, now, and sit there, because you're just
about to have yourself a fit.
I am losing my $500.
What about the horse and buggy?
My boss will skin me alive when he finds out.
All right, wait a minute.
Wait a minute, now, all of ya.
Just let me cull all these here things out, my own self.
I can't just haul off and go a-doing something
with-- without thinking about it for a little while,
don't you see?
Festus, you gotta go after him!
Well golly bill, Burke you can't
go out a-tracking somebody when it's dark.
They went straight south out of town.
There ain't no other way they could go.
All right.
All right.
I'll start to tracking 'em, but I will tell you
this-- it's going to be mighty slow tracking
till it gets to be sun up.
It's your duty.
I said all right, didn't I?
Now, Burke, I'll tell you what I want you to do.
When Matthew gets back, I want you to tell him
that I've went out after him.
You hear me?
All right, Festus.
You remember, I'm the one gave you the information,
and this fella has got no claim.
Got no claim whatsoever.
You heard that, now.
I'm the one brought you the information.
Don't you forget--
What is it, Corbin?
Corbin, you sent for me?
I-- I got him.
I got him.
Got him?
What are you talking about?
Finally I paid him back.
Teared that knife clean to the bone.
Corbin?
Are you talking about Hargis?
-Festus? -Marshal.
This just came in on the telegraph.
Can you imagine, that old man in the cell
confessing on his deathbed?
Ben Justin didn't kill that guard after all.
Where's Festus.
Well, he went after Ben Justin.
While you were out at their place, they came into town
and stole a horse and buggy from the stable.
How long ago?
A few hours.
They were headed south.
And they don't know about this.
[baby crying]
He won't nurse, Ben.
Probably off his feed from all that bouncing around.
I guess you're right.
We don't want to hold you up, now.
You take as long as you need.
If only he'd nurse.
[SINGING] Hush, little baby, don't say a word.
Papa's gonna buy you a mockingbird.
If it don't whistle, and it don't sing, papa's gonna--
Ben, he's gonna be OK.
Yeah, of course he is.
We're gonna make it, Elizabeth.
I'm glad you came with me.
When I was in prison, I faced what
it'd be like to spend the rest of my life without you.
That's a feeling I never want to have again.
I wasn't there long, but that was for certain long enough
to learn some things.
These are the things we take for granted.
Plain, ordinary things we never even see half the time.
Wood walls, instead of stone.
Glass instead of bars.
Trees.
You know, there wasn't even one tree in that place.
Before I went to prison, I think maybe I
even took you for granted.
You never looked past me, Ben.
Never.
I'm never going to leave you.
And I'm never going back to that prison.
We're gonna have a new life.
[SINGING] If that diamond ring turns brass, papa's gonna
buy you a looking glass.
If that looking glass just gets broke,
papa's gonna buy you a billy goat.
If that billy, he runs away, papa's
gonna buy you another someday.
It's Festus.
Ben!
He's our friend.
You stay here.
No matter what happens, I'll be back for ya.
Ben!
Throw your gun down, Ben.
Go on.
Drop your rifle, Ben.
Now.
Gonna have to take you back, Ben.
You're going to have to kill me to do it, Festus.
And nobody is putting me behind bars again, you hear?
You killed a guard, Ben.
Father name of Hargis.
I never killed nobody.
They're saying that you stuck a knife in him when you escaped.
Stabbed him?
I knocked him cold and ran, that's all.
They found him with a knife stuck in his back.
Died the next day.
I didn't do it, Festus.
I swear.
Well, then you're just going to have
to go back and face it, Ben.
Of course, you know Matthew and me,
we'll do all we can to clear you, if what you're saying's
true.
It's as true as I never stole those horses.
I'll shoot!
I mean it, Festus.
I mean it.
Now, you drop your gun.
This here ain't the way, Elizabeth.
It's the only way I know.
If he goes back there, there's nobody
going to be able to help him.
Not you, and not even the Marshal.
We're sure going to try to help him.
You tried before, and all he got is life in prison.
Now, this time they're going to hang him.
You've been good to us.
I'd sure hate to do it, but he's not going to go back there, not
even if I have to shoot you.
Elizabeth.
I mean it, Ben!
Now, I want you to ride out of here.
Alone.
No.
Not without you and the baby.
Without us, you might stand a chance.
I said no.
Ben, I want you to be free!
[baby crying]
Elizabeth, go to him.
This is probably the first time she
ever broke the law in her life.
I can't say I blame her for trying to help her.
No, you can't, and I can't.
But that prosecutor sure will be able to.
I'm sure giving up a lot to give you this.
But I don't want it at the cost of my wife.
Ben, no!
Now you don't even stand a chance.
Elizabeth, it wouldn't be any kind of life without you,
so it don't really matter.
We're ready to go back with you now, Festus.
Well, they'll have them posters on you, pasted all over Kansas
by the time a week's out.
I sure don't think you got much of a chance
of traveling with Elizabeth there, and the baby, and all.
Tell you, I'm fixing to go up to that there prison my own self,
and talk to all them fellers I can about that there guard.
One of these days, whenever Matthew
will give me a day or two off.
So's as I can get away a minute.
Whoa.
Hey there, Matthew.
What happened, Festus?
Well, funny thing, Matthew.
I never could find that feller who stole all them horses.
I, uh, kind of figured with the head start they had,
maybe you wouldn't.
Oh, yeah, they did have a whopping big head
start, all right.
I just don't believe we could ever
catch up with 'em, Matthew.
Festus, I think you're right.
Let's head for town.
I found this slipped under the back door, Miss Kitty.
Addressed to you.
Well, looks like Dodgy City's got a new schoolhouse.
What?
What is it?
It's a letter from Ben and Elizabeth,
signing over all property rights to the people of Dodge City.
Well, I'd sure like to see Garth Brantley's
face when he hears about this.
I think I'll go over yonder and tell him, my own self.
Well, I think this calls for a toast.
Yeah.
To the one that got away.
I sure wish that I could drink to that.
Same.
Oh, well, Miss Kitty--
NARRATOR: Stay tuned for exciting scenes
for our next Gunsmoke.
[theme music]
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