( theme music plays )
**
( gun fires )
( chattering )
* Happy birthday to you
ALL: * Happy birthday to you
* Happy birthday, dear Trampas
* Happy birthday to you
( cheering )
I made it myself.
Well, aren't you gonna say something?
That's a beautiful cake, Bets.
Thank you.
Candles look good enough to eat, too.
Better blow 'em out first.
Only ten candles. He looks older than that.
Oh, he worries a lot.
Go ahead and blow 'em out and make a wish--
all in one breath, or you don't get your wish.
STEVE: Now, wait a minute.
Shouldn't there be another candle?
You know, one to grow on?
Oh, he's big enough.
Oh, I forgot.
I should've put one right in the middle.
Go ahead and blow 'em out, Trampas. ( slap )
Yay!
I knew it! I always knew you were full of hot air.
You get your wish!
Oh? When are we gonna get married?
Come on, sit down, Betsy.
Speech? Speech!
Speech!
Well, being as unaccustomed as I am to public speaking...
Hear, hear!
All I can say about this unexpected honor
is that... couldn't happen to a nicer fellow.
Go ahead and cut it. I want to see how it turned out.
Well, here goes.
Mm-hmm.
What's the matter?
I don't know. Must be a dull knife.
Anybody got an axe?
Oh, here. Let me do it.
Don't sprain your wrist, now.
There.
You ingrate!
Nice surprise, Betsy. Thank you.
Pass the plates! Yeah!
I hate to have to cut into your name, but...
That's the way it goes-- here today, gone tomorrow.
Cut me a big piece.
( chattering )
Morning, Sheriff!
Just in time for some birthday cake.
I hate to break up a party, but I'm here on business.
Betsy, you better go on up to the house.
Well, why?
'Cause I'm asking you to, honey.
This is ridiculous. I'm not a baby.
Betsy, you'd better go.
Oh, some party!
Thanks, Bets.
What's on your mind, Mark?
This is Sheriff Luke Donaldson. This is Deputy Clay Friendly.
Howdy. Howdy. How are you?
They're from Rocky Point.
Rocky Point? You boys are a long way from home.
Clear across the state.
They have a warrant for Trampas's arrest.
But, uh-- My arrest?
For what?
It's all right in here. Read it for yourself.
You men better get to work.
This warrant says attempted murder and robbery at the Rocky Point Bank.
That's right. Got away with $60,000.
Mister, you're lucky you didn't kill the man you shot.
Mister, if I shot anybody he would be killed.
The only thing wrong is I've never been to Rocky Point in my life.
You'll have a chance to prove that when we get back there.
I don't need to make the trip. I'll prove it right now.
That warrant says I robbed a bank last May.
Well, I was working here then, at Shiloh.
I'm not here to take testimony.
My job's to take you back.
Look, Sheriff, figure it out.
Now, how could I have robbed a bank
in Rocky Point when I was working here?
He's right. Trampas was right here.
He'll tell you. Tell 'em.
Go ahead. Tell 'em.
I'm afraid Trampas didn't sign on till June.
All right, so it was June,
but if I robbed a bank in May,
why did I hire on for 30 bucks a month right after that?
I told ya-- I'm not here to try the case.
Anything you got to say you can say
loud and clear when the time comes.
Mind if I ask you what this warrant is based on?
They drew my name out of the hat.
That's what it's based on.
All you gotta know is it's legal. Ask your own sheriff.
That's right.
Who saw me do it? Answer me that.
Two witnesses.
Not me, they didn't.
We got more than witnesses.
We got your partner. Partner?
This is loco!
Gotta go back with them, Trampas.
**
Well, don't worry, Trampas.
You'll be back in time for roundup.
I'm not in that big a hurry to get back.
I'll take your gun.
I'm gonna feel pretty naked without it on the ride back.
You can have it if there is a ride back.
Careful. It goes off easy.
Good morning.
Morning.
Good morning, ma'am.
Good morning.
Is this the bank they robbed last spring?
Yes.
You work here?
Yes.
When it happened?
Yes.
Would you excuse me, please?
Good morning, Joe.
Not that I don't appreciate the hospitality,
but we've got better coffee back at Shiloh.
Heh. I never thought I'd feel that way about our coffee.
I just want to make sure you know your rights.
You're entitled to have a lawyer here if you want to.
No, sir.
Have it your way, son.
Clay, get Gleason in here. Right.
You better think twice about not having a lawyer, Trampas.
Nothing doing.
Trouble with lawyers, they make trouble
where there's no trouble at all.
Why, you--! Trampas!
You know Gleason, huh?
He wasn't calling himself Gleason
when I busted his teeth.
I met this miserable...
I was in a poker game last spring in Jefferson.
Caught him using the crib.
Settled for a couple of his teeth.
Yeah, that's-- that's true enough, Trampas.
We... sure had our ups and downs, didn't we?
That was the first and last time I ever laid eyes on you!
Now, hold on, both of you.
Gleason here already told us
about your squabble in Jefferson,
but his story is you hooked up again later on,
patched up your differences,
then come down to Rocky Point and stuck up the bank.
That's when you shot Frank McGowan.
I never robbed a bank,
and I never shot anybody named McGowan.
I never once saw this lying snake after that card game.
Just sitting here denying everything
won't help any, Trampas.
The sheriff will need something to go on.
Tell him what you did and where you went
between the time you left Jefferson
and when you signed on at Shiloh.
Let's see.
I left Jefferson the same night as that card game.
I headed south.
I was riding that big roan.
You remember that gelding?
I rode him on the line last summer at Shiloh.
VIRGINIAN: Yeah. I headed for the high country.
Followed the creek for two or three days, at least.
It comes to me I took that long cut
across that open country north of Shiloh.
I did come in from the north, didn't I?
That's right.
How long did all this take you?
Uh... better'n a week, I guess.
Who'd you see? Who'd you talk to?
Who's to see on a ride like that!
You heard me saying I'd been drifting for a couple of weeks.
You thought you'd pay me back for those teeth, huh?
There's no use lying about it, Trampas.
Tell them the truth and get it over with.
Now, believe me--
I wouldn't give the town drunk
a night in jail on his word.
Where's this man he's supposed to have shot?
Why don't you bring him in here?
Frank McGowan's dead.
Died two months ago. Pneumonia.
We still got two other witnesses.
Fine. Let them take a look at me.
All right. Come on.
I would say that's the man, Sheriff.
Mister, you didn't see me. You couldn't have.
I was never in this town before today!
Hold on, now, Joe. You would say it's the man,
but are you saying it's the man?
( sighs ) I guess that's him, Sheriff.
You hear that? He's guessing.
I knew he couldn't identify me.
He's right, Joe. Guessing's no good.
It's gotta be yes or no.
Yes, he's the one.
Well, how could--
How can you stand there and say yes
when a minute ago you were guessing?
I say you're the one. I'll say it to anybody!
Now, you just take your own good time, Miss Delia.
One way or the other, I know you want to be sure.
I remember telling you, Sheriff,
the man I... told you about
was wearing a heavy coat
and had a bandana over his face.
In all fairness, I-I think...
Of course. I should've thought of that myself. Clay.
Okay.
Got my winter coat in the closet. That oughta fit him.
What about the guard? Where was he during the robbery?
They didn't hire him until after the holdup.
Miss Delia?
Yes, that's the man.
Now maybe we'd better get you a lawyer.
**
Unless you can prove you were elsewhere
at the time Frank McGowan was shot,
I don't see how we can sell your story to a jury.
That's fine. Great.
My own lawyer quits on me before we get to court.
He's only trying to tell you what you're up against.
Now, you don't know me, Mr. Trampas.
If you did, you'd know I don't quit,
but we're up against the testimony of two eyewitnesses,
reputable people who've named you
as the man who shot McGowan.
They lied, both of them.
They looked right down my throat and lied.
They never saw me in that bank and they know it.
They didn't lie.
Mistaken, that's something else again.
I tell you, these are good people.
Joe Darby's lived in Rocky Point for 12 years.
Married, got a family, ushers at the church,
has the respect and affection of everybody in this town.
That leaves the woman. What about her?
There isn't a more admired woman
in these parts than Delia Miller.
Lost her mother when she was just a young girl.
Took care of her invalid father till the day he died,
and he wasn't the easiest man
in the world to get along with, either.
No, sir, attacking Joe Darby or Miss Delia
is about the worst thing we can do.
They don't say anything bad about me,
I won't say anything bad about them.
Whoa!
Good afternoon.
Oh, good afternoon, sir.
Have a room?
Oh, yes, sir.
Will you be with us long, Mr. Brent?
Long enough to interview those bank robbers you got locked up.
I'm a reporter, Salt Lake Chronicle.
Oh, Rocky Point's getting to be real famous, I guess.
Tell you the truth, when they robbed our bank
and then tore out of town, I never expected
to lay eyes on them again.
Oh, you saw them?
Oh, just a manner of speaking.
Nobody really saw 'em except the people down at the bank,
at least not close enough to get a good look.
That's a nice little paper.
Well, it's not as big as the one you work on,
but well, we don't often have much news here,
and a thing like this, a bank robbery,
doesn't come along every day.
Good thing for the depositors.
You say there were witnesses?
Yeah, two people down at the bank,
Miss Delia Miller and Joe Darby.
They identified both of the robbers.
Say, uh, are you gonna mention
their names in your story?
I certainly am. Takes courage to do what they've done.
Oh, yes, sir. It's room 207,
and you take the stairway to the right.
Thank you.
You're welcome.
Mr. Darby?
Hello, Mr. Darby. Remember me?
Yes. You're the friend of the fellow who shot Mr. McGowan.
That's right. I was wondering
if I could talk to you for a minute.
I don't think I should be talking to you,
if you don't mind my saying so.
I'm supposed to get up in court
and testify against your friend.
Well, I can understand
a man doing his duty, Mr. Darby,
but you didn't seem any too sure this afternoon
when you pointed him out.
I'm just wondering if you'd thought any more about it.
The way I look at it is once a man's
made up his mind on something so important,
it's not right for him to go on stewing about it.
Well, I don't see how you can help stewing about it,
considering you could be ruining a man's whole life.
I realize he's your friend,
and I can't blame you for wanting to help him,
but like you said,
a man has got to do his duty as he sees it.
I wouldn't want you to do anything else, Mr. Darby,
but I've got the feeling that everybody's been
kind of influenced by what this fellow Gleason said.
I wouldn't trust him on a stack of Bibles.
I don't think you would, either, if you knew him better.
That had nothing to do with it.
Just wanted to be sure.
Good afternoon, sir.
**
I'm sorry he's not here, Sam.
Think he went down to the hardware store.
I could sent the boy next door to get him.
No, I don't think that's necessary, Coralee.
I think maybe you can help us.
Now, this may sound a little odd to you,
but do you remember when Joe started to wear glasses?
I've been trying to remember, but I just can't.
My goodness, has he been talking to you about them, too?
What do you mean?
He's always complaining that they don't fit him right.
He should've started wearing them a long time ago,
but you know how stubborn Joe is.
About the date, Mrs. Darby-- could you remember?
I can reckon it by the flower garden.
The petunias had been coming in, I remember that,
because one morning, Joe came down the steps,
proud as a peacock, wearing his new glasses,
and he said to me, "Coralee, I never knew
"that petunias could be so pretty
till I saw 'em from the porch just now."
When was that?
Let me see.
They bloom in June.
June. That's it.
You sure of that, Coralee?
Oh, absolutely.
I remember Joe and I'd been talking about it.
It was right after dinner that night.
Well, thank you very much, Coralee.
You've been a big help. Well, thank you!
Afternoon, Mrs. Darby.
Good afternoon.
Salt Lake Chronicle.
We're always glad to cooperate with the papers, Mr. Brent.
Which one you want to talk to first?
Doesn't matter.
Well, I don't think you'll get much out of Trampas.
I'd better speak to the other one, then.
It's all right with me if it's all right with him.
I can't force him to talk to you.
I understand.
Clay, take Mr. Brent back to Gleason's cell.
All right. Thank you, Sheriff.
Oh, uh, Mr. Brent.
Do me a favor.
Don't call me a hick sheriff in your story.
That's a deal.
That the other fellow?
Yeah, gotta keep 'em as far apart as we can.
They ain't exactly pals anymore.
Gleason, you got a visitor, a reporter.
Malcolm Brent, Mr. Gleason.
Salt Lake Chronicle.
You gotta believe me, Mel. I didn't have no choice.
You didn't give me much of a choice, either.
Two men you sent made that plain enough.
What else could I do, rot in jail?
You're the one that shot that old man.
When we split the money, we made an agreement--
each go his own way.
I didn't figure to get caught.
That changed things.
How'd it happen?
I got drunk.
I busted up a bar in Petersville.
Cal and Dusty were there.
And I'd have gotten off with just a drunk charge, too,
except that I still had some of that bank money on me when they threw me in jail.
I only had time to tell Cal and Dusty to get the word to you.
They got the word to me, all right,
like a gun at my head.
Either I get you out, or you turn me in.
Yeah, that's how it's gotta be.
I'll get you a lawyer, best in the state.
That's as far as I can go.
That's not enough!
You realize the risk I took coming back here?
Anybody recognizes me, we're both dead.
Not a chance.
Just changing the color of your hair,
that came close to fooling me.
Besides, nobody is looking for you now
since I put that Trampas fellow in your place.
You really expect me to bust you outta here?
Cal and Dusty'll take me out of here,
but you're gonna pay them, because I got no money.
You signed a confession that you
and this other fellow did the job.
There are two witnesses backing you up, identifying him.
Seems to me you haven't got much to bargain with.
I could walk out of here and never come back.
No, you couldn't.
You put your money in a business in Denver.
You've got a wife and kid there.
You'd have to walk away from them, too.
Now, you told him you were a reporter-- that's a lie.
The color of your hair, that's a lie.
Take all that away, them witnesses ain't gonna be fooled a second time.
You'd tell 'em?
I'd tell them.
All right, Walt. I'll get you out.
I knew you'd see it my way.
What else are friends for, huh?
Only make it quick!
Now, how can you say you're not sure
when his own partner identified him?
Hey, what was that I heard?
That ain't none of your business.
You were sure enough at the bank.
I just want to find out what made you back down.
I'm not backing down.
I'm simply telling you I'm not sure anymore.
It sounds like one and the same thing to me.
One minute you're positive...
the next minute, you want to withdraw your identification.
Ah, you get what you wanted?
Yeah, I got an earful.
Mind if I hang around?
Well, I'm kind of busy right now.
Oh, I understand, Sheriff.
Maybe if I stop by again later?
Fine, you do that.
Sit down, Joe.
Now, Joe...
I just want to find out what made you change your mind.
If I make a mistake,
an innocent man can go to prison.
Don't you see?
I just can't walk into a court of law,
put my hand on the Bible, and swear that that boy locked up in there did it.
I don't blame you for wanting to be absolutely sure, Joe,
but this morning you were sure!
About the first man, yes.
Glasses or no glasses, I'd know him.
But the other man was clear across the room.
Well, can't you see across the room?
Well, yes, I can now.
But I hadn't started wearing glasses
when the robbery happened.
Never entered my mind till Coralee told me
someone asked her about it today.
Who asked about it?
Oh, Sam Cole and that other fellow.
**
Evening, Miss Miller.
Good evening.
Mind if I sit down?
Well, I'm just finishing.
This'll only take a minute.
This morning, just before you told
the sheriff that Trampas was the bank robber,
I noticed that you looked over at Mr. Darby,
as if you wanted to be sure that he was sure
before you made your identification.
Not at all!
But it did help to know that he agreed with you?
It didn't matter.
What are you getting at?
I think Mr. Darby's going to withdraw his identification.
You see, it turns out he hadn't started wearing
his eyeglasses at the time of the robbery.
Well, he's quite right to withdraw if he's not sure.
But you are.
I'm afraid I am.
Well, I admire your conviction, Miss Miller.
I just wish I could understand it.
You were a lot farther away than Joe Darby
when Mr. McGowan was shot.
I have excellent eyesight. Mr. Darby does not.
But your life was in danger at the time.
A holdup was taking place, a man was shot.
With all that going on, I don't...
Miss Miller, I got caught up
in a range war in Montana a few years back.
It all started over a horse
and whose corral he belonged in.
Everybody was so sure they were right.
When the smoke settled, four men were dead,
and it turned out the horse belonged
to a traveling salesman that had gone fishing.
Emotional people often make mistakes.
You see, I'm just not an emotional person.
I believe that,
and I don't doubt you're honest,
but this happened over a year ago--
That comes mighty close
to tampering with a witness, I'd say.
Nothing has been said that has changed my...
mind in the slightest.
I saw Mr. Trampas shoot Mr. McGowan,
and I intend to swear so in court.
Now, if you gentlemen will excuse me.
You know, uh, being a man's friend is one thing,
but obstructing justice is another.
I'm not obstructing justice.
I'm just trying to see that it's done.
That's not your job. Your friend's got a good lawyer.
Take my advice. Let him handle it.
**
Well, good evening, Miss Delia.
Good evening. I'm taking this book up to Mrs. Hockstedder.
Well, that's real nice of you.
I guess she's pretty lonely since her husband died.
( knocking )
I'm Delia Miller.
May I come in?
Why, it's a little late, miss.
My reputation will protect us both, Mr. Brent.
Won't you sit down?
In a safe place, I have a little tin box,
and in it are my mother's wedding ring,
my birth certificate, and a few rare coins.
I used to collect them as a child.
In it also is a letter.
In all fairness,
I must tell you it is addressed to the county prosecutor.
With it are instructions to give to him
in case of my, uh, my violent or sudden death.
Do I have your interest?
You could say I'm listening.
Mr. Trampas did not shoot Mr. McGowan.
You did.
I what?
That is what is in my letter.
Well, lady, I don't know what you're after,
but I do know this--
if you think I had anything to do
with that bank robbery, the sheriff's the man for you to see.
Very well.
Wait a minute, Miss Miller.
You interest me.
As a reporter, that is.
Would you have a drink?
No, thank you.
Now, about this crazy notion of yours.
Tell me, what do you base it on?
Your eyes.
When I sat across from you
in the hotel dining room tonight,
I got a good look at them.
At first I couldn't figure out what was so familiar about you.
Then it came to me.
Eyes were the thing I got the best look at
during the robbery.
Did it occur to you that the man in jail,
the man you identified, has blond hair?
Oh, most women are familiar with hair dye, Mr. Brent,
or whatever your real name is.
Is it necessary for me
to rinse this out to prove my point?
Now, if any of this made sense,
you know what I'd do?
I'd gag you, tie you up, and get out of town fast.
They'd find you.
I have a very accurate description in my letter
of that scar.
I saw that in the dining room tonight.
It was very well covered up during the robbery.
You can't go around forever wearing your collar up.
I can't think of a man like you
as an itinerant bank robber.
My guess is that you--
you have a wife and possibly a family,
and you just can't keep running forever.
What do you want?
$10,000.
And for that you'd keep your mouth shut?
Indeed I will.
There's still something I've gotta get straight.
You've identified this fellow Trampas.
You knew all along he was innocent?
Oh, it was a mistake, but an honest mistake.
I didn't realize that until I saw you.
You're trying to tell me you'd get up in court
and say the words that send this man to prison?
Think about that.
I have thought about that.
Lady, you want $10,000 worse than anybody I ever heard of.
It's taken me a long time
to realize that life gives you nothing.
You have to look out for yourself.
I'm not buying.
I'll tell you why. You got nothing to sell.
You can talk big, talk tough here with me,
but that's as far as you could take it.
You're a small-town woman with a small-town conscience,
and that conscience won't let you do this.
I'll tell you about my small-town conscience.
I had it squeezed out of me by a man
who had no conscience at all, my father.
I thought he was a cripple.
I took care of him for 12 years.
We lived off the money I made at the bank.
Oh, he had a fine time, despite his infirmity.
He drank beer and played cards with his cronies,
and they looked after him and waited on him hand and foot.
One day...
I came home and found him dead.
He was lying on the porch.
The crutches he couldn't move without
were inside the house, leaning against the fireplace.
There was nothing wrong with his legs.
He had hung on to me
and lived off of me for 12 years.
When he died,
my conscience died with him.
As you said, Mr. Brent, I want $10,000
worse than any person you ever heard of.
What would you do...
pretend some long-lost relative died
and left it to you?
I don't have to explain anything. I won't be here.
You think $10,000 will make you young again?
Even get you a husband?
Mr. Brent, have you ever been to Rome?
No.
It will be a delightful city for a woman with $10,000.
You been there?
Oh, not yet, but I've been reading
and dreaming about it for years.
I will buy my dresses at the best couturiers,
I will dine at the finest restaurants,
I shall wear a wedding ring on my right hand--
that's what widows do, you know--
and I might marry.
People never think widows are too old to remarry.
Spinsters are the only ones
that seem to have an arbitrary age limit
to their desirability.
Remember this...
if you change your mind and go weeping to the authorities,
they'll throw you in jail for perjury.
And they'll take the money, 'cause it's stolen money.
No need to worry.
Know something?
I believe you.
The money?
It'll take me a while to get it.
I don't carry that kind of money with me.
Well, I've waited a long time.
I could wait a few more days.
Change your mind?
No, thank you.
You don't mind if I do?
Not at all.
Most expensive drink I ever had.
**
( laughing, chattering )
Whiskey.
Gleason said you'd take care of us.
How much did he promise you?
$500.
He was wrong.
$100 apiece.
Ain't enough.
More than enough for a job like this.
Hick jail, one deputy.
$200 apiece.
All right.
See you later.
Good morning.
You check to see if anyone followed you?
You needn't worry.
I take a drive every Sunday morning.
You brought the money?
Would you like to count it?
When I get home.
Now I'll take the letter.
The letter stays where it is
for the time being.
You think I'm paying $10,000 for a promise?
You bought my silence.
The letter makes me sure I'll be alive to enjoy the money.
When I feel safe, I'll destroy it.
You didn't think I was stupid enough
to bring it along, did you?
It was worth a try.
( knocking )
( keys jangling )
( glass shatters )
Open it.
Hey, what's going on here?
Let him out.
Am I glad to see you boys!
( groans )
There you are.
Now beat it.
Shh! ( grunts )
Look at me.
I'm not gonna hurt you.
You understand me? I'm not gonna hurt you.
I just want you to talk to me.
I want you to listen to me very carefully.
Now, I'm not gonna-- I'm not gonna hurt you.
All right?
How did you get in here?
Never mind that.
I'm gonna light this lamp
so you can take a good look at me.
And this time, take a good long look.
Now, I wasn't the man you saw, was I?
You know that now, don't you?
Well?
What do you want me to do, change my testimony?
All I want you to do is to realize that you're wrong.
I was never in this town before.
Everybody's lying. Why are you helping them?
Will you look at me?
Now...
Now you know that you're wrong.
You've gotta know it.
Mr. Trampas, I can't identify you
if you're not in court.
You mean you want me to run?
Is that it?
What, afraid to light a campfire,
afraid of everybody I run into? No, I won't do that.
Please leave this town. Please, I can't help you.
Why? Why do you want me to run?
Because you know I wasn't the man that did it?
Because you don't want me on your conscience...
No, no, no. I don't want to have to tell the truth.
Unless you kill me, I have no choice.
**
Try the north road!
All right, let's go.
Got away, eh? Both of them.
No doubt about them both being guilty now, I guess.
Gleason's guilty. Trampas is just stupid.
Well, if you figured you had to break out of jail,
you could've at least kept on going.
I didn't figure nothing.
I was minding my own business when they broke Gleason out.
Saw my chance and I took it.
Where you go from here?
I don't know.
I've been to see the Miller woman.
That was a waste of time.
All she did was tell me to run.
She told you that? To run?
I guess she figured it was an easy way out for her.
You run and they'll chase you for the rest of your life.
And if I stay, the best I've got
to look forward to is 20 years on the rock pile.
You'd better make up your mind quick one way or the other.
I told you, I don't know what to do.
What would you do?
I can't tell you that.
Why not? I'm asking you.
Well, if I told you to give yourself up,
it wouldn't carry any weight.
I'm not in your shoes.
You gotta make your own decision.
Well, you're a big help.
I can tell you this.
You run and they catch you,
you won't have a chance at the trial.
Don't look like I got much of a chance either way.
Well...
I'll get my horse and tie him up behind the hotel.
If he's gone in the morning...
good luck.
Thanks, boss man, but...
Well, I won't be needing that horse.
You make me the same offer after the trial.
Hope the sheriff's got the coffee hot.
One thing's sure.
Going back can't hurt you with the jury.
No.
That's just far enough.
Figured you might come here.
He was gonna turn himself in.
Sure he was.
Let's go.
All rise.
Be seated.
JUDGE: Is counsel ready to proceed?
May it please the court,
the defense requests a postponement.
On what grounds, Counselor?
The man who accused my client of armed robbery
and of being involved in the attempted murder
of Frank McGowan broke jail last night.
Now, it is my client's position
that he cannot be fairly tried
until that man is returned to custody.
Prosecution will object, Your Honor.
If our case were based solely
on the signed confession of Walter Gleason,
we might be more sympathetic to Mr. Cole's request.
Will counsel approach the bench?
Reporters?
Other one come in to town today.
I don't see that fellow Brent.
Yeah, he's some reporter. Trial starts, he leaves.
Mr. Finney's argument against the continuance is well taken.
The motion is denied.
Mr. Brent, why, he checked out
late yesterday afternoon.
Say, how's the trial coming?
Oh, it just started.
They haven't picked the jury yet.
He give you any reason for checking out?
No, why should he? He just paid his bill
and left the way everybody does.
Well, I was just wondering why he came
all the way from Salt Lake to cover the trial
and then left before it began.
Well, maybe his paper gave him another assignment.
You know how newspapers are.
The message would've come through the desk, wouldn't it?
That's right. Say, come to think of it,
he didn't get any messages.
You sure of that?
I'm positive.
Was he traveling by stage, do you know?
Yeah.
Say, that is funny.
There wasn't any stage after 2:00 pm.
He didn't check out till after 7:00.
He, uh, have any visitors in the last day or two?
Not that I know of.
No one asked for him at the desk.
And no one went up those stairs
except the registered guests.
I keep an eye on that, you know.
We get drummers here, and sometimes
they like to party it up.
No, sir, outside of Miss Miller, no one went up those stairs.
Miss Miller?
Yeah, she was calling on old Mrs. Hockstedder,
bringing her a book.
I remember 'cause it was kinda late.
How late was it? About 10:30.
Mrs. Hockstedder usually goes to bed about 9:00, so...
Uh, what's this Mrs. Hockstedder's room number?
203, just up the stairs and down the end of the hall.
Would she be in now, do you know?
Oh, yeah, she's almost always in. Doesn't feel too well.
Thanks.
Do you think there's something funny
about this here Mr. Brent?
Either that or he's the worst reporter I ever heard of.
**
Would you send that off right away, please?
Kind of longwinded, ain't you, son?
Cost you a buck six bits to get that to Salt Lake.
Well, shoot the works.
Right.
We'd better get going.
Horses have rested long enough.
In a minute.
I still can't figure why you come along.
You could've stayed back in town,
nobody'd known the difference.
Had some unfinished business.
How do you mean, unfinished business?
W-wait a minute, I--
I've waited long enough.
I'll never bother you again.
I swear. I'll get out of the country.
You're stupid enough to get caught once.
You could get caught again.
I can't spend the rest of my life
paying for your mistakes.
You won't have to. I'll be careful from now on.
I just ran into some bad luck.
You sure did.
Is the man who shot Frank McGowan in this courtroom?
Yes.
Will the defendant please stand up?
Is that the man?
Yes.
( murmuring )
Your witness, Mr. Cole.
Here it is. Just come in.
Thanks.
Hey, Cole, look at this. What?
( gavel pounding )
JUDGE: Order.
Mr. Cole, what is the meaning of this interruption?
Your Honor, before cross-examining Miss Miller,
I would like to call Mr. Ezra Peters to the stand.
He's just received information
that will be most pertinent to my cross examination.
This is irregular.
But if Mr. Finney has no objection?
No objection, Your Honor, for the present.
Very well. You may step down, Miss Miller.
Thank you, Your Honor.
Would you take the stand, please, Mr. Peters?
Do you solemnly swear to tell the truth,
the whole truth, and nothing but the truth?
I do. Please be seated.
Would you state your name?
Ezra J. Peters. The J stands for Jasper.
And what is your line of work?
I'm a calligrapher.
And did you send a telegram yesterday
to the editor of the Salt Lake Chronicle?
Yep. Twenty-eight words.
Did you receive a reply? Yep.
Is this it? Yep.
Would you read that aloud, please, Ezra?
"No reporter by name Malcolm Brent
"employed Salt Lake Chronicle or any other Salt Lake newspaper. Stop.
"No coverage of trial there by any newspaper here.
Signed, Phineas Blake, editor."
Thank you, Ezra. You may inquire, Mr. Finney.
Your Honor, I move that this testimony be stricken
on the grounds that it has no bearing on the case before the court.
Your Honor.
A stranger calling himself Malcolm Brent,
claiming to be a newspaper reporter,
was a recent visitor to this town.
That this mysterious stranger was a liar and a fraud,
that he has apparently vanished into thin air,
will be proved to be both pertinent and important
to the case for the defendant.
Your motion is denied, Mr. Finney.
Do you have any questions to ask the witness?
No questions.
Your Honor, the defense would now like
to cross-examine Miss Miller.
You may step down, Mr. Peters.
COLE: Will Miss Delia Miller take the stand, please?
The witness is reminded that you are still under oath.
Yes, Your Honor.
Miss Miller, you've already testified
against the defendant.
Now, we know your first concern is for truth and justice.
With these goals in mind, the defense has seen fit
to call you back to the stand.
Now, you've heard reference in this court
to a man calling himself Malcolm Brent,
claiming to be a newspaper reporter from out of town?
Yes.
Did you see this man?
Yes, I saw him.
Did you at any time have a conversation with him?
No.
Not even a casual "good morning"
when you passed him on the street,
a word or two about the weather?
I was never even introduced to him.
Then it is your statement,
under oath, that you did not at any time
talk with the man calling himself Malcolm Brent.
Is that your testimony, Miss Miller?
Yes.
Is it not a fact
that on Thursday night last you were at the hotel?
Thursday, let me-- let me see.
Yes, yes, I was at the hotel.
For what purpose?
To see Mrs. Hockstedder.
Did you see Mrs. Hockstedder?
Objection.
On what grounds, Mr. Finney?
On the grounds that this line of questioning
is incompetent, irrelevant, and immaterial,
and can have no bearing on this case.
Your Honor, my question goes straight to the heart of the matter.
The defense contends that Miss Miller
has deliberately lied under oath.
I further submit that her entire testimony
before this court has been a string of lies.
Objection overruled.
Answer the question.
Before you do, Miss Miller,
I think it only fair to tell you
that I'm prepared to call Mr. Carlin,
the clerk at the hotel,
who saw you go upstairs at 10:30 that night
after telling him that you were going to deliver a book to Mrs. Hockstedder,
and I am further prepared to call Mrs. Hockstedder,
who will testify that you did not arrive at her room.
( murmuring )
Well, suddenly I realized how late it was.
You did not go to her room,
yet you stayed upstairs for more than half an hour.
Now, where were you all that time?
Must I answer, Your Honor?
I'm afraid so.
But I gave my word. I promised.
Miss Miller, I must remind you
that this man is charged with a serious crime.
You are directed to answer the question.
Well, Miss Miller?
I was in Mr. Brent's room.
And yet you deliberately lied under oath.
I tried to explain.
I've heard no explanation.
Well, earlier in the day,
Mr. Brent asked me for an interview,
and when I found out
it was too late to see Mrs. Hockstedder,
on an impulse I went to see him.
Why did you keep it a secret?
Well, he asked me not to tell anyone about the interview.
He wanted what he called an exclusive.
It seemed very important to him,
so I gave him my word.
Well, I didn't want to break my word.
Even under oath?
Well, I didn't realize my testimony
was that important.
( murmuring )
About this interview.
Mr. Brent said he wanted an exclusive, is that correct?
Yes.
An exclusive.
Now, that would mean information that you
would give to no one but him, private information.
Would you tell the court just what private information you had for him?
Well, he wanted a personal story
about what I saw
and what I heard during the robbery.
And you told him?
Yes.
We've established that Mr. Brent was not a newspaper man.
Were his questions alert, to the point, professional?
Well, it seemed so to me.
And what was he doing while you were answering these questions?
Listening to me. He was very interested.
Now, Miss Miller, everyone knows
that newspaper men do not trust their memories
during interviews-- they take notes,
and yet you say he only listened?
Now, didn't that strike you as being odd?
Unprofessional?
As downright amateurish, in fact?
Well, I don't know. How could I?
I thought he was a newspaper man.
Even Sheriff Donaldson and Mr. Finney thought so.
( murmuring )
Miss Miller, your story just won't wash.
I submit that you have a reason for lying,
for not telling the truth about your so-called interview
with the man calling himself Mr. Brent.
Objection, Your Honor!
The counsel is badgering the witness.
Sustained.
You will confine your cross examination
to questions, not conclusions.
I have no more questions, Your Honor.
Thank you, Miss Miller.
No redirect.
That is all, Miss Miller.
Order!
That is all.
( footsteps )
( knocks )
( knocking )
Why have you come here?
The jury's been out for two hours now.
I thought you might be interested to know that.
Two hours!
Then maybe--
Maybe they're what? Gonna find him innocent? Let him go?
Not a chance. You did too good a job on him for that.
I told the truth.
You lied and you know it, and I know it.
Trampas's lawyer knows it, but not the jury.
There's no way they could.
The law says you can't tell a jury what you know,
only what you can prove.
The lawyer and I worked it out.
It took time to put all the pieces together,
but when we did the whole picture was there,
not a single crack in it.
First off, Brent came to Rocky Point for just one reason--
to break Gleason out of jail.
Why would he do that?
Because he's the man Trampas is supposed to be.
This is preposterous!
He figured he'd be safe enough with Trampas in jail,
only he ran into a little bad luck, didn't he?
He ran into you, and you recognized him.
How much did he pay you?
I am trying very hard to remember Mr. Trampas is your friend,
but if you don't leave this instant--
That's very fancy.
Pretty color, too.
It's not the kind of dress you usually wear, is it?
No, you didn't make this to wear in Rocky Point.
Get out.
I promise you this--
you let Trampas go to jail
and you go someplace to enjoy
the money you got from Brent,
and for the rest of your life
you'll have a second shadow wherever you go.
Me.
**
Whiskey.
You're a pal of that guy they got on trial, ain't you?
That's right.
Good evening, Mr. Darby.
Oh, good evening.
I, uh, I don't come in here often,
but these last few days I feel I could use a drink.
I know what you mean.
Whiskey, please.
Here. Take it out of that.
Kind of a short payoff, ain't it?
What do you mean?
Only one drink for getting him to change his testimony?
How dare you insinuate--!
Take it easy, Mr. Darby.
He's just trying to start trouble.
Oh, are you gonna hand me any?
Some other time.
Come on, let's get out of here.
Not so fast, mister.
I'm gonna show you what-- oof!
Hey! You awake?
Yeah, I'm awake.
What do you want?
Well, I was just thinking, that gun of yours,
the one the sheriff took from you,
I'd give you a good price for it.
What makes you think you won't be giving it back to me tomorrow?
Oh, it ain't gonna be that way, kid.
I got the word.
How 'bout it. Wanna sell?
Get outta here.
Well, you think it over.
You ain't gonna be using it anymore.
**
( knocking )
Yeah?
It's Cole.
Come in.
Heh.
That bad, huh?
Who told you?
The bailiff.
He put the jury to bed.
They'll bring in a verdict of guilty
when court convenes in the morning.
Does Trampas know?
I didn't have the nerve to tell him.
( clangs )
Delia Miller lied.
Couldn't the jury see that and hear it in her voice?
How could they still believe her
after you caught her in a lie?
She grew up in this town.
They believe her to be an honest, decent woman.
Her identification of Trampas
and Gleason's confession convinced the jury.
To be fair about it, it almost convinced me.
What do we do now?
Well, I'm going home, have four stiff drinks,
go to bed, and try to get some sleep.
I suggest you do the same.
Hey, how 'bout selling me that bottle?
No charge. I'll pick up another on the way home.
Thanks. Good night. Good night.
**
No need to fight anymore. It's all over.
What do you mean, "it's all over"?
The jury found him guilty.
Oh, so you brought along
this-- this bottle of whiskey
for a celebration.
Victory for me, defeat for you.
Something like that.
Even though I've disliked you,
I've never taken you for a fool... until now.
Did you really think it would work?
What do you mean?
That I would take enough drinks
to confess to all the crimes you've accused me of?
"In wine there is truth"-- is that what you counted on?
Well, I've got to admit it wasn't very subtle,
but I've tried every other way to get you to tell the truth.
This was the only one left.
In the first place, I don't drink,
and if I did, I wouldn't drink with you.
But if I were to drink with you,
you'd only hear what I've been telling you all along.
I'm a fair judge of men,
and once in a while of women.
I know Trampas is innocent,
just like I know you lied
about him and Brent and the whole thing.
One of these days,
the truth is gonna break out of you,
because even you aren't tough enough
to keep it locked up forever.
All I can hope is when you are ready to clear Trampas
it won't be too late.
But he's not going to be hung.
He's only facing a prison sentence.
You got any idea what prison can do to some men?
I'm talking about men like Trampas,
men who've lived with prairies and mountains
and open skies all their lives.
A man like that's got to be free to stay alive.
Lock him in a cage, and he's as dead as if they'd hung him.
So you're not just sending Trampas to prison.
You're killing him,
as sure as if you'd put the rope around his neck yourself.
And now if you're all through?
I'm all through.
Oh, you forgot something.
**
Oh... Sheriff!
Sheriff?
( rattling knob )
Sheriff!
Sheriff! Sheriff!
The sheriff, I've got to talk to him.
He's not here, ma'am.
Where is he? At home.
What's the matt-- Miss Delia!
( screaming )
( neighing )
I'll go get a doctor.
Won't do no good.
She's dead.
( tapping )
The defendant will rise.
A jury has found you guilty of--
grand larceny
and the attempted murder of Frank McGowan.
It is the duty of this court to pass sentence upon you.
It is the judgment of this court
that you be sent to the state penitentiary
for a period of not less than 20 years...
If it please the court.
My apologies, Your Honor, but it would be inhuman
to prolong the defendant's suffering.
This letter was just found among Delia Miller's affects.
It explains a lot of things,
including why Miss Miller
was looking for the sheriff so desperately last night.
As you can read,
it clears the defendant completely.
( murmuring )
Court will entertain your motion, Mr. Finney.
If it please the court, in view of this new evidence,
the prosecution moves that the jury's verdict be set aside
and that the defendant be fully exonerated
of the charge against him.
Counsel's motion is granted.
The defendant is herewith released from custody.
( yelling )
( laughing )
Sure you can find your way back?
I'm stopping at every ranch house between here and Shiloh
in case someday I'm gonna need an alibi.
( laughs )
So long, Sheriff. So long.
**
Whoa.
Considering all the trouble this town give us,
maybe we should rob that bank.
You'd make a good bank robber.
When you call me that, smile.
( theme music plays )