Original subtitles

ANNOUNCER: "Gunsmoke," starring James Arness as Matt Dillon.

There's no worry of [inaudible] folks.

The horses have to be watered.

Well, welcome, folks.

I think we ran over every mudhole from here to Cimarron.

I'm glad you could come, Mr. Rand.

I want to be absolutely sure about this.

They have him jailed here in Dodge?

He's working the jail.

Working the jail?

Now, I don't hear no folks standing

around, squawling that they ain't getting proper

took care of.

Well, that's cause people can make do, you see,

when they have to.

Now, they get sick--

I want a positive identification.

Somebody happens along and takes care of them,

but that don't mean that we don't need a hospital.

Well, wait just a minute now.

Just-- I'll tell just what'll happen if we

was to get a hospital in town.

That's him.

Not the slightest doubt in your mind?

-None. -See?

Yeah.

Sometimes, sitting up with him all night, don't you see?

Yes, I do see.

And that's exactly what causes these gray hair of mine.

I'll tell you something.

Wearing a badge.

Easy.

I'll handle it.

The second my head hits the pillow,

they'll get everything in the world.

Well, that's what I'm--

You're under arrest.

Hands behind your back.

What in tarnation?

I said put your hands behind your back.

Hold on! Stop this.

Stop it!

On your feet.

Here, here.

Quit that.

What do you think you're doing?

Hold on there.

Put the gun down.

I'm a special agent to the Governor, Marshal.

Indian territory.

I'm placing this man under arrest.

I have a warrant.

First thing you gotta do with a warrant

is learn how to serve it.

What's the charge?

Three counts of murder lodged against one

Frank Eaton for a start.

Murder?

I ain't no Frank Eaton.

His name's Festus Haggen.

Among many of his other aliases.

No matter what name he goes by now,

this is the man that I'm after.

Who's identifying him?

Well, I've only seen him once, and that was only briefly.

So I had a corroborating witness brought in.

That's me, Marshal.

Why, I never saw you in my life.

You neither.

You're just mistaken.

He lined up the four of us and started shooting.

I'm just lucky to be alive.

The others weren't.

Now, when a man shoots off your arm from a distance of 10 feet,

you're not apt to forget his name or his face.

[theme music]

Now, ain't you ever seen this Frank Eaton before?

Not face-to-face, Judge.

He passed through Kansas probably 11, 12 years ago.

I've had posters of him, but never with a picture.

I came across this one recently by accident down in Durant.

Wonder if you would mind identifying that for us.

You gonna deny that that's a picture of you?

No, I ain't denying it.

I'm just trying to recollect it.

That's all.

Well, Festus, could you have been working on a railroad

down around Durant 12 years ago?

Well, I was working up around there, Matthew,

when they laid that spur.

I reckon it'd been about that long ago.

There were some fella there taking pictures,

but I never knowed he took one of me.

How long did you work on that railroad, Mr. Haggen?

Just long enough to familiarize himself with the movement

of the Army gold train.

You're not helping matters, Doyle.

Your Honor, I know of at least six graves he's filled.

I can be forgiven for feeling less than charitable

toward this man.

I don't give a hoot about your feelings one way or a t'other.

Festus.

Now, let's stick to the issue here, gentlemen,

one of identification.

Mr. Doyle has stated that he has evidence

that you were in the following places at the stated times.

Marlow, South Dakota in the spring of '66,

working a claim along with two men

named Wheeler and Zimmerman.

That'd be Charlie Wheeler and old Zimmy.

We panned gold all along them west creeks [inaudible]

all summer.

Yeah, both men found strangled in the creek, stripped

of all their possessions.

That was after we done split up, big mouth.

Gentlemen, allow me to continue.

The following year, you were riding shotgun

for the El Paso stage line.

No, sir.

No, sir.

That ain't true.

I never rode no shotgun.

As I recollect, I got me a stake there,

trapping up around the Andres.

That was quite a stake.

A strongbox with more than $10,000 in government gold

was missing the day that you left.

Now, you just back off, mister.

The point difference does all this make anyway?

Even if Festus had been at every one

of the places you got named there,

it still doesn't prove that he's Frank.

And that's who this warrant is made out for.

Mr. Rand, you state that you were

the clerk in charge of that baggage car

when it was forced open.

Now, memory does play tricks on a man after 12 years.

No, sir.

It's like it was yesterday.

I saw him and his men loot that car.

And before he left, he points a 0.45 and starts firing.

He meant to kill us all, and he thought he had.

That there's the biggest bunch of hogwash I've ever heared.

Is this hogwash, Eaton?

I told you once.

I ain't never saw you in my whole life,

and my name ain't Eaton!

Your Honor, I have depositions from more than a score

of people that this is Frank Eaton.

And we'll have six eyewitnesses to the murders in Rock Creek.

Now, I ask that this man be remanded into my custody

as authorized by that warrant, and transported

to the Indian Territory.

Now, wait a minute.

Judge.

I'm bound by law, Matt, to honor

this warrant when the identification of the man named

appears reasonable.

Judge, I've known Festus Haggen for close to 10 years.

There isn't a more honest man in this territory.

I can also vouch for that, but consider,

it's also to Mr. Haggen's benefit to clear

up this misunderstanding.

Now, isn't it far better for him to go to Rock Creek

than to live under a cloud here in Dodge City?

Well, maybe you're right.

But, Judge, I tell you one thing.

If he's going anywhere with somebody,

I'd like to have Deputy O'Brien here

assigned to go along with him.

That won't be necessary.

How about it, Judge?

I see nothing wrong with having additional help, Mr. Doyle.

OK, then.

I'll see you later.

I suggest you remove the prisoner's gun

and place him in jail.

Well, Marshal, can I get anything for you?

No, no thanks, Sam.

Kitty, maybe you can give me some information.

That arrest isn't gonna hold up, is it?

It looks that way.

It's a clear case of mistaken identity,

but looks like Festus is gonna be charged with three murders.

And if we can believe this fella Doyle,

why, he's got six additional witnesses against him.

Now, Kitty, do you remember anything

about a man named Joe Guthrie?

Guthrie?

Name's familiar, but I can't place him.

Wasn't he a bartender at Bulge a few years back?

That's the one.

There as stories that his brother

Carl was riding with Frank Eaton for a while.

But Carl Guthrie died in jail.

Well, I know that.

Can you remember anything about Joe Guthrie that might

pinpoint where he'd be now?

I'm afraid not, Marshal.

He had a bad reputation, but he was a pretty fair bartender.

That's all I know.

Just a minute.

I got a letter from one of those saloons on the post road,

oh, two or three years back.

Guthrie wanted a job, and he gave

the Long Branch as a reference.

I wrote him back, and-- and told them

that he'd never worked here.

Well, do you remember the name of the saloon?

No, Matt.

I threw the letter away.

Well, there must be at least 20 saloons still

operating on the old post road.

Looks like I got my work cut out for me.

What about Festus, Marshal?

Well, he may still have to stand trial.

And we were gonna celebrate Festus's

birthday tomorrow night.

This might not be up to Haggen standards.

Much obliged, Newly.

Reckon us Haggens does drink coffee stouter than most folks

all right.

Just keep thinking about what that Doyle said,

saying that he'd saw me, and-- and that Rand saying

and he'd saw me too.

Well, I wouldn't worry about it.

There's six other people saying they know who Frank Eaton is.

They gotta know you're not him.

Newly, do me a favor.

Will you saddle my horse?

Yes, you bet.

Festus, I'm gonna be gone for a few days,

but I'm gonna be through Rock Creek

before any trial takes place, if it comes to that.

All right, Matthew.

I'm gonna be riding along the old Hayes post road.

And I'm looking for a man named Guthrie.

They said that his brother road with Eaton.

If I can find him, I might get myself a lead.

Sure hoping you do, Matthew.

Now, as far as Doyle is concerned,

he's as tough as they come, but he never forgets he's a lawman.

So the thing to do is just do what he says, and don't

cause him any trouble.

Yes, sir.

Matthew, don't you reckon you ought to be locking the door?

Newly, if there's gonna be a trial, you'll let us know,

won't you?

You bet I will, Doc.

I hear there's some might good fishing in that area.

And I think if it's true, that you two are sure gonna

be able to find it, all right.

No doubt about that.

After a few apologies have been extended.

They caught Frank Eaton!

They're bringing him in!

They're bringing Frank Eaton in!

They caught Frank Eaton!

They're bringing him in!

They're bringing Frank Eaton in!

Frank Eaton.

Why are you bringing this scumbag to town?

I hope they don't hang you, Eaton.

I want to see you walk these streets again free.

I want you for myself!

Luke take the horses to the stable.

He give you any trouble?

No.

Who is that crazy man back yonder,

and what's he so riled up about?

You're never gonna carry it off, Eaton.

It's a fair question that deserves an answer.

Who is he?

Josh Walker.

Two of the counts of murder against Eaton

are for killing his sons.

Take him inside, and lock him up.

I'll go find Judge Claiborne, and tell him we've arrived.

Sheriff, have you got the makings for some coffee?

-Rustle some up in a minute. -All right, sir.

You do that, and I'll lock the prisoner up.

Newly, I'm getting an awful bad feeling about this town.

Sure isn't too much, is it?

That ain't what I mean.

I mean I'm beginning to feel mighty alone all of a sudden.

Your name Guthrie?

Yeah.

Good.

I've been looking for you better part of three days.

Why?

I ain't done nothing. -All right.

If that's the case, then I guess you

mind answering a few questions.

Well, if it anything more than the time of day and weather,

you can keep them.

Hey, look, you got no right!

Mister, I haven't got time to argue with you.

Now, I'm looking for information on a man named Frank Eaton.

Eaton?

I've no truck with him.

No, but your brother did.

He knew him well.

He rode with him.

So?

So I'm looking for somebody who can identify him.

Not me, mister.

I never met him.

-You're lying. -I ain't lying.

So help me.

I never seen that man in my whole life.

But your brother did.

He and Frank are real close, so you must have talked about him.

Sure, we talked, but--

All right.

I'm looking for somebody who can identify him

positively in a court of law.

I don't know anybody like that.

Mister, everybody's got somebody-- brother,

sister, father, friend.

Now, come on.

All right.

I don't know if this will do any good,

but Carl thought Eaton had a woman, maybe a wife.

He was married?

Well, that's what my brother and the boys figured.

I mean, if you keep sending the same woman money while you're

riding, sometimes big money, well,

that figures to be a wife, don't it?

But couldn't use the name Mrs. Frank Eaton.

No, no, no, no.

It was John-- John-- Johnson.

Johnson! That's it.

That's the name she used.

Yeah, she built a way station with the money she

got down in Indian Territory.

Whereabouts in Indian Territory?

Well, it's the first way station out of Rock Creek.

Eaton used to rule the roost.

Well, that's before he got into trouble

killing a couple of fellas.

Mhm.

This happened a long time back.

You got a pretty good memory all of a sudden.

Yeah, well, you see, my brother used to joke around

a lot about all the letters he had to write

that Frank sent to her.

Why'd your brother have to write the letters?

Well, Frank Eaton couldn't read or write.

Miss Kitty.

Hello, Newly.

Ah, thanks.

Howdy, Newly.

Doc, good to see you.

Thank you, Newly.

You know, I could hardly believe my eyes

when I read the telegram the trial was gonna be tomorrow.

Well, yes, sir.

They selected a jury tonight, and even

set up court in the lobby.

What kind of a man is this Judge Claiborne?

Well, I guess you'd say he's impatient.

He's got trial dates set all over the territory,

and he don't believe in wasting a minute.

Festus got a lawyer?

Yes, sir.

Me.

Festus insisted.

I keep telling him that reading law for a few months

doesn't qualify me to defend a man on trial for his life.

But he says nobody can speak up for a feller better

than a friend can.

Festus tell you that?

Yes, sir.

He's right.

Is Matt here?

Not yet, but news of the trial dates

were sent out over the wires, and I

just got a telegram from him.

Said he'd be back sometime tomorrow.

Doc, I'm worried.

Of all the people that saw Festus being brought into town,

not one of them come forward to say

there's a mistake being made.

Only about 100 feet away.

Mr. Walker, I think you misunderstand the problem here.

No one is denying a man named Frank Eaton cold-bloodedly

shot your two sons.

You brought three witnesses in here before me,

and you heard them.

They all swear that this man right here is Frank Eaton!

One of them even said he shot off his arm!

Please calm yourself, Mr. Walker.

We're not playing games here.

I buried my two boys, and they never wore a gun.

Mr. Walker.

But they just wouldn't step off a boardwalk.

That's all.

Liquor is no excuse for a mature man

to shoot down two boys that have a perfect right to walk

the same side of the street.

Mr. Walker, please be seated.

Yes, sir.

Now, you will either respond to the questions,

or we'll call the next witness.

Yes, sir.

Proceed, Mr. O'Brien.

Mr. Festus Haggen, will you please stand up?

Your Honor, I suggest the defendant

either be addressed as such, or by his name Frank Eaton.

Any objections, Mr. O'Brien?

No, sir, except I have no intention

of addressing the defendant as Frank Eaton,

because that's not his name.

MAN: Oh, come on!

Everybody knows you're Frank Eaton!

Come on. Let's get on.

He's guilty.

Let's hang him.

[gavel banging]

He's guilty!

Proceed.

Mr. Walker, have you seen Frank Eaton many times?

No more than three or four times.

Have you ever heard his voice?

I have.

Speak to the witness, Festus.

He don't have to speak to me.

Your Honor, Mr. Walker has already

identified the defendant as killing each of his sons

in cold blood.

I have no objection whatever to counsel

seeking you to obtain a reasonable number

of reaffirmations.

Speak to the witness.

That there's what I been wanting to do all along.

Mr. Walker, I swear to the almighty, I haven't ever saw

or been in this here town in my whole life before.

And I swear to the almighty that I never

laid eyes on them youngins yours, let alone

go a-shooting at them.

Look out!

[interposing voices]

Let him hang!

Let him hang!

You swear to the almighty, and you speak

of my boy's in the same breath.

Mr. Walker, you are dismissed from these proceedings.

Your Honor, we must fully understand this man's emotions.

Court is in recess until one o'clock.

Don't worry, Miss Kitty.

Matthew, he'll--

Miss Johnson?

Yeah.

My name's Matt Dillon.

I'm the United States marshal from Dodge City.

So?

Are you alone here?

That's right.

Take care of this whole place yourself, do you?

Do the cooking.

Drivers handles the horses.

Well, now that we got that out of the way,

what's your business?

Did you hear about the trial that's going

on over in Rock Creek today?

Don't hear much out here.

There's a man being tried over there as Frank Eaton.

No concern of mine.

Mrs. Eaton.

I think this is a concern of yours.

I'm guessing that Frank married you.

My husband's name was Jack Johnson,

and he died more than five years ago.

Mrs. Eaton, there's a man on trial for murder

up there in Rock Creek.

His life may be at stake.

That his worry.

You know, Mrs. Eaton, all that money you received

in those days, that might make you an accessory

to robbery and murder.

Look, I-- well, he's--

He's what?

He's dead.

He died more than five years ago.

And I didn't know where no money he sent me came from.

Frank Eaton is dead?

Died in Sonora.

Friends buried him and told me, passing up this way.

All right.

Then that's something you can testify to in court.

Oh, mister, I don't like no courts.

I mean, those people staring at me.

Well, I'm sorry, Mrs. Eaton, But I'm afraid you

don't have much choice.

Well, wait a minute. I'll change my dress.

Don't talk to me about common sense.

I haven't heard any here today.

Your opinion of this court, Dr. Adams, is not very flattering.

Well, it doesn't take any legal genius

to ascertain that the entire atmosphere here is

prejudicial to the defendant.

[grumbling]

MAN: We know who he is.

He's guilty.

No further questions.

You will please step down.

Mr. O'Brien, do you have further character witnesses to call?

Yes, sir, Judge, I sure do.

Miss Kitty Russel, will you please take the stand?

[whistling]

How about we send Frank Eaton there back

to Dodge City in exchange for the saloon lady?

There's a terrible mistake being made here.

Why can't you accept a man leading a double life, being

a bumbling Festus Haggen on the one hand in Dodge,

and a ruthless killer on the other?

Bumbling?

Look, let me tell you something.

Festus is not an educated man, but he's one of the smartest

I've ever known.

MAN: Smart enough to fool you, anyway!

MAN: That's for sure!

I conclude my cross-examination of this witness.

You may step down, Miss Russell.

[whistling]

[gavel banging]

Mr. O'Brien.

Will the defendant please take the stand?

MAN: What do you expect to get from him?

Place your left on the Bible.

Raise your right hand.

Do you swear to tell the truth, the whole truth, and nothing

but the truth, so help you God?

Yes, sir, I sure do.

Sorry to interrupt, Your Honor.

I have a witness here that may help

clear up this whole situation.

This is Mrs. Frank Eaton.

MAN: Her don't prove anything.

Frank?

Frank, I thought you were dead.

They-- they told me you were dead.

MAN: Yeah, see?

It's him!

His own wife said so.

It's a waste of good lumber.

Old cottonwood just around the corner.

Doc, this whole thing is turning into a nightmare.

That woman had to be lying, Doyle.

There's no other explanation for it.

Marshal, I don't doubt your sincerity

in believing that Haggen is not Frank Eaton,

but he wouldn't be the first outlaw

who would lead a double life.

Marshal, here's your return warrant.

The governor's staying in some place called Ada Springs?

He spends part of his summer up there,

about 50 miles due north of here.

Any telegraph there?

No.

A night stage makes a direct run there.

Pretty fast traveling, if you want to send him a letter.

No, I'll talk to this governor face-to-face.

Festus, I'm gonna try and get a stay of execution.

And I'm gonna hope to get a retrial

set for a different town.

I ain't got a whole lot of time, Matthew.

That there judge said I was gonna hang on Monday.

I'll be back in town by mid-morning.

That there woman, Matthew, why you reckon she'd wanna say I

was her husband?

I don't know, Festus, but that's something I'm gonna find

out about too when I get back.

Take it easy.

They ain't got no right to do that.

No right or not, Sheriff Buckley

says that's what's gonna be.

Something sure smells, don't it?

The judge and the jury, they say hang.

Now all of a sudden, he ain't gonna hang.

He's gonna get taken to another town.

All them gold trains that Frank Eaton robbed, sure

seems funny to me that he's got all them lawmen from Dodge

City pulling for him.

Ain't that something.

Frank Eaton buying his way out of it.

Well, there's a whole lot of people in this town and me

that say that he ain't gonna get away with it!

[interposing voices]

MAN: Come on.

Let's hang him!

[grumbling]

Sounds like they're getting rope fever out there, Newly.

They must have found out the marshal's gone

to the Governor for a stay.

Makes a feller feel mighty naked, all caged in here,

and them out there squawling for a hanging.

They're gonna have to hang the both of us.

Doyle, bring him out here!

Bring him on out here.

Doyle, do you hear me?

I said bring him out here!

Festus should have been moved to Sweetwater as

soon as that verdict come in.

I've handled mobs before.

Buckley.

No, sir, not me.

I gotta live in this town.

Doyle, I said bring him out here!

Bar that door.

Keep me covered.

All right, move on back.

Doyle, what we been hearing straight?

Depends upon what you've been hearing.

I'll tell you what we've been hearing, that you're turning

Frank Eaton loose after he's been

sentenced to hang by the judge.

No one's freeing him.

Well, then, what's this about a new trial in a new town?

That's up to the Governor.

Yeah, talk is that Eaton's lining somebody's

pockets with train gold.

What do you mean by that?

Well, suddenly, there's a lot of people

wearing badges that got a warm feeling towards Eaton.

Now, is that mean and plainer?

That's clear enough.

All of you, back to your business!

Our business is right here.

Now, we're here to hang Eaton, just like the judge said!

You better think over what it's gonna cost you.

And make no mistake, I'm using both barrels.

Festus, out the back door, where the horse is tied up.

Well, I ain't gonna leave you here all by yourself.

Just do what I tell you.

Hide out.

Stay down till Marshal Dillon gets back.

[grumbling]

[banging]

Will you get him out of here?

Who's gonna do that?

[gunshot]

Well, now, I'll be real happy to fire this other barrel.

This makes a total of three barrels.

We got any takers?

Anyone still here after the next 20 seconds

is gonna be running ahead of buckshot.

What do you want here?

Well, now, is that there any way for a true loving wife

to greet her husband?

They let you go?

Let's just say the judge wouldn't

be tickled to see me loose.

Yeah, well, you escape, and you just better get.

Right after we do ourselves a little dab of jawing.

Like, why did you lie at that there trial?

I didn't lie, Frank.

You expecting me to swallow that there bait, are you?

It's been a long time.

Could be 50 years a woman married to a feller,

and she ain't gonna be mistaking nobody else for him.

Now, you're fixing to tell me why you lied at that there

trial, and then you're going back to town with me

and tell the judge.

I ain't going nowhere with you.

Oh yeah, you'll go with me, all right,

even if I have to take a hoe to your hair and drag you back.

That'd be poor manners, mister.

When you told me what he looked like, I didn't believe it.

Without them mangy chin whiskers,

he'd be the spitting image of me.

Get his gun.

Well, it ain't no wonder I got mistook for you.

I ain't exactly flattered.

I ain't exactly flattered my own self.

Well, that's the way she goes, brother.

But you gotta admit, from my point of view,

things couldn't be better.

Course not.

They hang me, and you're clear for the rest your life.

That's the way she looks to me.

Course, your busting out of jail kind of messed things up.

Course you'd whole heap rather I'd get hung, wouldn't you?

That way, it'd be all legal and proper tied up.

How'd you get out?

Maybe they let me out.

You ever think of that?

Maybe there's some folks as kind of figured out what's going on.

Maybe he's telling the truth, Frank.

Maybe they know you here, and they

set him free to smoke you out.

All right.

First sign of a posse, he gets a bullet, with you standing over

him, claiming he'd come after you

for identifying him in court.

It's a mail stage.

In the bedroom.

Chance to stretch your legs, folks, while we water up.

Last leg into Rock Creek.

Ah, good morning, Mrs. Johnson.

Morning, Scotty.

How'd the trip go?

It's no way out there, you know?

It's not much better here.

Tell me something, Eaton.

You ain't been a-hiding out right here for all these years.

Living in Mexico.

Just come up to see Susie once in awhile.

You know, I've been hearing about that trial you got going.

Oh, just stretch your legs, Marshal.

We got a couple of minutes.

Miss Eaton, thought you'd be glad to know

that i was able to get a stay of execution for your husband.

That's-- that's real fine.

Also a retrial.

It's gonna be held in Ada Springs.

Is this here just accident, or did you

hear about me being mistook for you clean to Mexico?

I got big ears.

I don't reckon you'd care nothing either if a feller

was to hang in your place.

Open your mouth, and I'll drop him where he stands.

My deputy Newly O'Brien been around here?

No reason to.

You folks ready?

We'll move out.

That's real good news, Marshal, about Frank

getting a new trial.

It was the Dodge marshal.

Gonna be a new trial, he says.

Lucky man.

Well, it's a lot better than a rope,

once that marshal gets out of hearing range.

They're out of sight.

Is there a Marshal Dillon aboard?

He was, but he got off after the way station.

What for?

He didnae say.

Hold it!

How bad were you hit, Festus?

He just grazed my ribs, Matthew.

Well, Newly, she's all over.

Not much to say, is there?

Golly Bill, I just don't know what all to say.

Well, don't say anything.

Good heavens, let's get started.

My mouth's been watering ever since I saw Kitty

putting those strawberries on the top

and all that cream [inaudible].

Yeah, and eating half of them while watching.

How old, Festus?

You gonna tell us?

Well, let me see.

It was about the same time that momma's old sow

had that record litter of pigs.

Know what a remarkable way to remember a birthday.

Festus, why don't you just make a wish

and blow out the candles?

Oh yeah.

Let me see here now.

What are the wishes?

Oh, I got me a good one.

I got me a good one.

Well, he's back.

ANNOUNCER: Stay tuned for exciting scenes

from our next "Gunsmoke."

[theme music]