We're in complete agreement about this, Judge.
I don't know.
We're not going to take no for an answer.
We're not going to let you turn us down.
You're the only man in this district
who can beat Oliver Smith at the polls.
Even the Governor agrees with us.
That's why Arnold made this special trip here.
You may be overestimating my drawing power, Arnold.
Nonsense, Henry.
You're the finest judge we ever had in this state.
Everybody knows that,
and you're the best qualified man for the post.
I can't understand why you'd even hesitate, Henry.
You can't?
Well, you of all people I thought would understand.
You and Fred.
Well, I know,
but that was a long time ago.
Yes, it was. A long time ago.
Times have changed.
But the basic issues haven't.
The Governor wants you to know he'll back you all the way.
The way the people of this county feel about you,
Judge, you don't need any support from the capitol.
Well, I must be going.
Well, how soon do you need an answer?
Arnold has to go back tomorrow on the noon train.
You staying at the hotel?
Yes.
Well, I'll let you know in the morning.
Fine. Good night.
Now don't let us down.
Thank you for coming over.
Good night. Fred.
Well, as long as you're up, you might as well come on down.
You're liable to catch cold sitting on the stairs.
Hey, how'd you know I was there?
Oh, isn't it exciting?
Oh, you'll look perfect in a robe sitting up there on the judge's bench!
I'll be so proud of you.
You think I should run, huh?
Well, of course.
You wouldn't turn it down, would you?
Let me show you something.
I don't understand.
I keep this around as a reminder.
You don't remember the promise I made you, do you?
Oh, of course not, you were only five at the time.
Jake Carhew.
He brought this revolver into Medicine Bow...
ten years ago.
Jake and his brother Lennie had more hate in them
than any men I ever knew.
It's them all right.
Ain't seen you boys in quite a while.
We wanna see Billy.
You got him here, ain't ya?
He's here.
You just get in town?
Rode clear from Montana.
Well, your little brother Billy fixed himself up good this time.
Killed old Clyde Morton.
He had his trial?
Last Tuesday.
Jury found him guilty of murder in the first degree.
The judge will be passin' sentence Monday mornin' first thing.
And I'm givin' you a fair warnin'.
You boys pull any rough stuff in this town,
I'll slap you in jail.
You gonna let us see Billy or not?
How 'bout it?
Sure, you can see him.
Put your guns on the desk.
You never did trust us Carhews, did ya?
No, can't say I ever did.
Same old town.
Nothin' don't ever change around here, does it, Sheriff?
Lots of changes since you've been here.
I ain't sheriff anymore, for one thing.
Got beat in the last election.
I'm just a deputy now.
You got company, Billy.
Jake! Lennie!
Holler when you want out.
Doggone, I sure never thought I'd see you boys again!
Ah, we come as soon as we heard.
Workin' with some of the boys up in Montana.
Boy, I sure should've gone with ya, and that's a fact.
They're gonna hang me!
They ain't gonna hang you.
Yes, they are!
They pushed me right through that trial,
they're buildin' the gallows for me, and they aim to use it!
I'm gonna ask you a question, Billy,
and I want you to tell me the truth.
Did you shoot that fella like they claim?
No!
Don't you lie to me, Billy!
I can tell when you're lyin'!
You'd have shot him too, Jake, I swear it!
There was no other choice.
It don't matter.
We ain't gonna let them hang you, Billy.
That's a promise.
What do you aim to do?
We're gonna get you out of here.
Just the two of you?
Listen, I don't want you and Lennie gettin' hurt for nothin'.
Nah, there's more than just us.
We got word to the rest of the family.
There's Uncle Wilkie, Cousin Harv...
Ah, even so. Listen, bustin' me out of here ain't gonna--
I didn't say nothin' about bustin' you out of here...
unless we have to.
There's other ways.
What?
Listen, Judge Garth's gonna sentence me Monday mornin'.
Who was your lawyer at the trial?
Old Parmalee?
He's been dead two years, right after you left.
New fella named Smith.
Denton, open up. We're comin' out.
Listen, you need anything, now you let us know.
Listen, you're just wastin' your time.
There's nothin' you can do,
even if there's time to do it in.
I'm gonna make you a promise, Billy.
When we leave this town, we're takin' you along,
and there ain't nothin',
I mean nothin' in this whole world gonna stop us!
That new lawyer fella-- what's his name?
Uh, Smith.
Yeah, where's his office?
Upstairs over the real estate office.
You're wastin' your time, Jake.
Yeah?
Here you are.
Go find the sheriff, Piney.
Think they'll try somethin'?
I know they will.
Well, I've done everything possible.
I'm afraid there's nothing more that can be done.
I'm sorry.
There's always somethin' that can be done.
We can raise more money if that would--
No, that wouldn't help.
I've already appealed the verdict.
It was turned down this morning.
Frankly, I didn't even have solid grounds for the appeal,
but I had to try.
Well, let me tell you somethin'.
We're gonna do a lot more than just tryin'.
Now Billy ain't hangin'.
I'm afraid that's in Judge Garth's hands now.
Would he let Billy go?
No, the jury found him guilty
without recommendation of mercy.
You sure there ain't any loops or holes?
Well...
by law, the judge could set aside the verdict, but...
Then it ain't up to the jury, just to him.
That's right, the jury's been discharged,
but the judge would have to have good reasons to take such an action.
Suppose you tell us some of those reasons, some of the good ones.
Well, there aren't many,
but I'm afraid there just isn't much chance.
Mister, Billy ain't hangin'.
Well!
Daddy, Daddy, can I go to? Please, please?
Well now, Betsy, it's a long ride.
I think you better stay here with Mrs. McCleary.
Please, Daddy, I wanna see the ranch again!
Now he's right, dear.
You stay here with me
and let your father and Miss Finley
take their drive together.
Oh, I never get to go any place!
Betsy, listen,
the very next time we go out, we'll take you with us.
I was planning to whip up a batch of cookies today,
and I'd like you to help me.
Brownies? Mm-hmm.
Well, all right then.
Ah, be a good girl and mind Mrs. McCleary.
I will.
Come on, dear.
We'll wave good-bye from the doorway.
She's very good with Betsy.
Oh, I'm lucky.
Not many boarding houses are run by women like Mrs. McCleary.
Thanks for meeting me here.
It'll save us a good hour's time. Mm-hmm.
Hello, Burt.
Judge. Alice.
Anything wrong?
Well, I don't know, Judge, my deputy seems to think so.
Billy Carhew's brothers just showed up in town.
Well, I've been expecting to see them. They giving you any trouble?
No.
They will, depend on it.
Are they that bad, Judge?
Best thing that ever happened to this town
was when the Carhews left.
Too bad Billy Carhew didn't leave with them.
Well, anyway, I figured I better let you know.
Denton seemed to think they'd be lookin' you up.
Where are they now?
They went over to see Oliver Smith.
Well, that doesn't sound like the Carhews.
Alice, I'm gonna have to stay here,
at least until I find out what they want.
Maybe we can see the ranch tomorrow.
Of course, and don't worry,
I don't mind driving home alone.
Thanks.
Oh, I better tell Mrs. McCleary
I'll be here for dinner after all.
Excuse me.
Stop off by the lake. I'd like to see you.
I'll be in my office if you need me, Judge.
All right, Burt.
Well, Judge, it's none of my business,
but you're never going to find a mother for this little girl
unless you take some time away from that courthouse.
Well, I'm working on that right now, Mrs. McCleary.
You and Alice had better set a date soon.
I thought that's what you were up to today.
Now, Mrs. McCleary.
Say, you better save me some of those brownies, you hear?
I thought you didn't like brownies.
Alice...
I hope you don't mind going home alone.
Oh, no, no.
I--I was worried about you and those Carhew brothers.
Well, there's nothing to worry about.
You go on ahead. I'll--I'll walk to the courthouse.
Is it that serious of a problem?
No, I just wanna think.
I'm sorry we won't have a chance to talk today.
We will tomorrow.
Good-bye, Henry.
Henry.
Morning, Howard.
I thought you and Alice were gonna ride out to your ranch today.
Well, we had a change in plans. Alice went on home.
Then you heard the Carhew boys are in town.
Yeah.
Take care of yourself.
I wouldn't want anything to happen to my daughter's best prospect.
Well, I'm a cautious man.
Well, you know the town's in back of you.
I mean, all the way.
Carhew is gonna hang, isn't he?
Sentence will be passed Monday.
Morning, Howard.
Mornin', Judge. Surprised to see us?
No.
We was lookin' for ya. Figured to talk to you about Billy.
We can talk in my chambers.
I, uh, I don't allow weapons of any kind in my courtroom.
You can leave them out here.
Now hold on-- Do as he says.
We wanna do everything legal.
What's on your mind?
Poor Billy-- he's sure in a terrible fix.
We come to help him out.
What do you want of me?
Well, we had this little talk with Billy's lawyer,
and he says it's up to you if Billy hangs.
Billy-- he didn't kill nobody, Judge.
He gave me his word on that.
Did you see the transcript of the trial?
The lawyer-- he filled us in on it.
Your brother was heard to threaten Morton over a gambling debt.
He was seen in the vicinity of the Rock House Road by four witnesses
five minutes before the shots were fired,
and he was seen riding away from the scene of the killing by two other witnesses,
and he paid for a drink at the Double Eagle Saloon
with a gold piece which had been given to Morton not three hours before.
Well, ain't all that what you call
"circumstantial evidence"?
All evidence is circumstantial
unless there's an eye-witness.
Well then, if nobody seen him do it,
how can you be so all-fired sure he did it, Judge?
Look, I don't intend to discuss the testimony of a case
that's been heard and the verdict handed down.
I know you, Judge.
You're a fair man.
You're a real fair man.
Now if we had us a good legal reason
why you shouldn't hang Billy,
then you'd be obliged to go along with us.
Ain't that right?
What reason?
Well, the lawyer says that on account
of the way people think of us Carhews,
Billy didn't get himself a fair trial.
A jury found Billy guilty of murder.
Well, the point we was talkin' with the lawyer
was the way folks think hard of us.
I never understood it myself.
Look, I've known you and your family since I came here,
from the day I filed for the first piece of land for my ranch.
In all those years, you proved to be the meanest,
most vicious, and corrupt men in the county,
committed crimes both legal and moral,
been in jail so many times I couldn't begin to count them.
The lawyer says you could set away that verdict.
That how you say it?
Set aside.
Yeah, set aside the verdict because of...
prejudice.
Prejudice?
Yeah, he said it'd be legal.
I mean, you could let Billy go.
Well, it would be legal,
but in this case there are no grounds.
No grounds?
Why, you just spoke the grounds, Judge.
Prejudice-- a sure true thing.
Ain't nothin' but prejudice about us in this county.
I mean, can you deny that?
I kept prejudice out of your brother's trial.
But it was there! You couldn't stop it!
Now you got a chance to do the right thing, Judge.
That's all I want.
Lennie here--he was all for bustin' Billy right out.
Lennie's not too bright.
That's what I said! That's what I told him!
I said, "Suppose someone comes along and busts Billy out.
Then Billy's got to run the rest of his life," Judge!
On the other hand, if you got a good reason--
a good reason to get rid of that verdict,
then Billy goes off a free man!
Now how 'bout it, Judge?
Sentence will be passed Monday morning.
If you wanna hear it,
I suggest you make arrangements to be there.
Now you ain't hangin' Billy. I'm tellin' ya.
Get out.
You got a daughter, ain't ya, Judge?
Well now, you just better watch what you do.
Ugh!
Lennie! Lennie! Lennie! Lennie!
Sorry about that, Judge.
Lennie here-- he, uh, he didn't mean nothin'.
I mean, he wasn't threatenin'.
You just think it over.
Get out.
Sure, Judge.
Sure.
Oh, Burt.
You like that, huh?
I--I can't stay very long.
Father will see Henry and know I didn't go out to the ranch.
Whatever you say.
Burt...
we just can't go on meeting like this.
It's not right.
You're the one that wanted it this way.
Doesn't make any difference to me.
When are you going to tell him?
I tried, but I...
I can't.
You feeling sorry for the judge?
No, of course not.
I can't imagine anybody feeling sorry for Henry Garth.
If you think so much of him,
what are you doing here with me?
Sometimes I wonder.
Now what does that mean?
Burt, I don't know. I don't know!
I just know there's something about you
that makes me lie awake at night wanting you to be near me,
wanting you to touch me, to love me.
I don't feel that way about him.
But it's something else--
there's a kind of fondness, respect.
I used to think I was in love with him until...
Maybe I still am, in a way.
Believe me, honey,
you're not in love with anyone but me.
So I asked him what his decision was gonna be.
Well, what did he say?
He's gonna hang him.
Did he tell you that?
No, not in so many words, but that's what his meaning--
Afternoon, Mr. Finley, Mr. Mercer.
Hello, Jake, Lennie.
Well, I've gotta be going, Howard.
I've got inventory waiting for me. You know how that is.
I'll see you later.
Mm-mm.
Now see here...
He means we'd be much obliged if you'd stay.
Well, you've got no business with me.
Yes, sir, we do.
As a matter of fact, we was up to your place a while ago,
just after talking to, uh, Mr. Miller, Miller, at the hardware store.
We had nothing to do with convicting your brother.
There's no call for you to come storming in here.
Nobody's stormin', Mr. Finley.
You know and I know Billy didn't get a fair shake in this town.
Now Lennie here-- he got all riled up about that,
and he was all for-- he wanted to bust up this town.
He figured he could set a few fires.
Uh, two, three maybe,
and he could just burn this town right down to the ground.
But that would hurt a lot of innocent people,
and we wouldn't wanna do that,
so we talked with Billy's lawyer,
and he says the verdict against little Billy
can be set aside because of...
Uh, pre--pre- jud- ice.
That's right, that's right.
Well, you'll have to talk to Judge Garth about that.
Already did, only he don't sound cooperative,
so I figure maybe some of you folks around here
could, uh, give him some advice.
He needs it.
You tryin' to get us to put pressure on the judge?
No, sir. No, no, sir.
Ain't that right, Lennie?
Hmm?
Doggone it, Lennie! Look what you done!
Well, I'm sure sorry about that.
I reckon I'm pretty jittery worryin' about little Billy gettin' hung and all.
Well, you better watch out what you do from now on. You hear me?
We're mighty sorry about them lamps.
You think two dollars will cover the damage?
Yes.
Speak up, Mr. Finley, I can't hear ya.
I said yes!
It should cover it.
Good, good!
Well, it's been nice visitin' with you boys,
and I want you to know ain't nothin' gonna happen to this town
because I think the people around here are fair-minded.
I, uh, I asked Billy straight out if he killed old Morton,
and he swore-- he swore he didn't.
Billy wouldn't lie to me.
I mean, you know that. You know that.
I don't think the people around here are gonna stand by
and let that judge hang an innocent boy
when he's got a legal and right way out of it.
I sure don't.
Well, I better get you out of here
before you bust up somethin' else.
Doggone.
Hmm.
They can't get away with this.
They did.
Who's gonna stop them?
Come in.
Well, everything seems quiet on the street.
Is that right?
Something happen?
Some of the most important citizens in this town
have been visited by the Carhew boys.
I want thos two arrested and kept in jail until Monday morning.
On what charge?
Threatening these people and the court.
All right, I'll take care of it.
I'll go with you. You'll need help.
Listen, Pop, I'll tell you what to do.
You're just a deputy.
You better take some help, Burt.
I was elected sheriff of this town.
I wouldn't have run for the job
if I didn't think I could take care of it.
There's only two of them.
All right, bring them in.
Well, Judge, I guess I shouldn't have stayed on as deputy.
I get under his skin too easy.
Ah, he'll get over it.
Howdy there.
You're blocking my way.
Appears that way, don't it?
Maybe you don't remember me, Carey.
I couldn't very well forget ya.
I hear my cousins are in town.
They're camped in a grove in back of the courthouse.
You'll be doing them a favor if you tell them to get out of town
'cause there's nothing any of you can do.
Much obliged.
I'll look you up before I leave.
Jake and Lennie Carhew.
You must be the new sheriff.
We was mighty sorry to hear about old Denton gettin' whipped like that,
but then he was beginnin' to slow down.
I guess that wasn't good, was it?
What do you want?
Takin' you in.
Is that a fact?
You mind tellin' us what for?
For threatening the townspeople and the court.
So you just stand up and keep your hands where I can see them.
Sheriff, you're all wrong.
We never threatened nobody.
Smith, the lawyer, he said that was against the law,
so we was mighty careful not to do that.
The judge swore a complaint against you,
so I'm lockin' you up.
You can tell your side to the court.
Boy, you barkin' up the wrong tree.
We, uh...
We don't wanna fight you, Sheriff.
But then we let you lock us up,
Billy's last chance goes right out the window.
Unbuckle the gun belt.
Let it drop.
Ugh!
Ugh.
Glad to see you could make it, Cousin Harv.
I wouldn't miss it.
I figure I owe this town somethin'.
Yeah, well, you're gonna get your chance.
Can you hear me, Sheriff? Can you hear me?
Yeah. Yeah.
All right, you listen close.
I aim to have Billy out of that jail, free and clear.
The judge is gonna set away that verdict.
You understand?
I said, do you understand?!
Yeah. Yes.
You tell everybody what I said.
We got some stew on the fire.
You hungry?
Ain't I always hungry, Cousin Jake?
Ugh.
A bit more coffee, Judge?
Yeah, please.
There you are.
Say, isn't that Wilkie Carhew and his boy?
Looks like them.
Well, I say something ought to be done about them
before they start anything.
Something's being done.
Good.
Oh, sit down. Have some coffee.
No coffee. Thanks, Judge.
I ran into Clyde Carey on the street.
They're havin' a meeting over at his place.
I'd like for you to be there.
I'll drop in later.
Now, Henry, we've been friends for a long time.
I've never given you a bad steer, have I?
Only once.
You were one of those who talked me into leaving the ranch
and running for judge.
Best thing ever happened to this county.
Well, anyhow,
I don't like to push my nose in where it's not wanted,
but, um...
What are you getting at, Joe?
Oh, I don't know. Nothin' maybe.
I better get back down to the jail.
Judge.
Glad you could make it, Judge.
Why all the secrecy?
Purely precautionary.
We don't wanna be interrupted.
There are five of them now, Henry. Did you know that?
Yes.
Jake and Lennie came into my livery stable.
They kept dropping lighted matches around.
It was terrible! We have to do something!
I left instructions with the sheriff to arrest them.
If any of the other Carhews make threats,
they'll be arrested too.
It doesn't seem that simple to me, Judge.
I mean, you can't keep them locked up forever.
He's right. If Billy Carhew hangs, when they get out--
They try anything after they're released, they'll be jailed again.
How many of us will be dead by then?
This isn't the first murder that one of the Carhews has committed.
It's just the first one that anyone's been able to prove.
There won't be one of us or our wives or kids that'll be safe.
You know the kind of men they are, Judge.
Yes, I know.
Judge, we've been talking something over.
When Jake and Lennie came to see me,
they said that you didn't have to hang Billy, in spite of the jury's verdict.
Their lawyer told them that.
Yes.
Well, we wanna know if it's legal.
Well, if prejudice prevented Billy Carhew from getting a fair trial,
yes, the verdict could be set aside.
Well, as much as I hate to admit it, they do have a point about prejudice.
The Carhew's have always been treated like dirt around here.
If a crime was committed within 100 miles of here,
they were accused of it, and sometimes quite unjustly.
Now I wasn't on that jury,
but I'd say that you couldn't pick a jury from this town
that wouldn't be prejudiced against the Carhews.
Ask Williams there. He had his troubles with the Carhews.
He was on the jury. He was ready to believe that Billy killed Morton
before he even sat down in the jury box.
That's right, Judge. The rest of the jury felt the same way.
You're asking me to set aside the verdict.
We just want you to have the facts.
They're irresponsible, vicious, cold-blooded scum
capable of practically anything...
but I personally don't think it's worth the risk
just to see one of them hang.
There is only one question here--
did he get a fair trial?
We think not.
The evidence would have led inevitably
to the same conclusion in any court in this territory.
You have admission of prejudice--Williams.
But a jury rendered its verdict.
The fact that Williams has been scared out of his wits since then
doesn't add up to prejudice in my book.
Oh, be reasonable, Judge.
This is an unusual situation for all of us.
Every cent I own is tied up in this town, and I have four children.
I don't want them caught up in something like this.
Nor do I.
But, gentlemen, only if our laws are respected
can our families and our town be safe.
If we don't enforce the laws, there'll be no town!
Only a jungle, where animals like the Carhews run wild.
Then you're going to hang Billy Carhew
and the devil with us, the town, and our children.
Sentence will be passed 10:00 Monday morning.
Now if you'd be good enough to unlock the door.
Burt's at the doc's. I come to get ya.
What happened?
The Carhews-- they beat him up bad.
He was a fool to try it alone.
Everybody's gotta learn for himself.
How'd the meeting go?
Well, I've been thinkin' of something for a long time.
They made up my mind.
They made up your mind?
After this case is over, I'm resigning from the bench.
I don't like to hear that.
Would you figure to go out to Shiloh and ranch?
Well, there are too many things I've been putting off.
I wanna build up that ranch. I want a real home for Betsy.
I'm gonna get married.
You really mean that, don't you? Uh-huh.
Hold on, Henry.
As far as you're quittin' as judge is concerned,
I reckon you got good reason,
but before you get all set up on gettin' married,
there's something I gotta tell you.
It ain't easy.
It's about Alice and Burt.
They've been seein' each other behind your back.
Joe.
What would make you say a thing like that?
I seen them.
Now don't think I'm sayin' this
to get back at Burt for takin' my job.
I know you better than that.
No mistake, Judge. I faced Burt with it. He admitted it.
Laughed about it.
I'm sorry, Henry.
Now I won't go over with you to see Burt.
I better get back to the jail and look after my prisoner.
Henry! Henry!
Thought you were going home.
But I came back. I have to talk to you today.
What's wrong, Henry?
I don't know, could be a great deal.
Do you love him?
I wanted to tell you before anybody else did,
but I couldn't.
You better come inside. He's hurt.
How bad is he?
Oh, nothing broken. He was lucky.
Bad bruises and cuts.
What happened?
The Carhews jumped me. Three of them.
Shouldn't have tried it alone.
Is he in shape to do his job?
Oh, sure.
He'll have some aches and pains, but he's all right.
You better get hold of Denton
and deputize some more men before you go back out there.
I'll go with you.
Broke a piece off my tooth feels like.
Yeah.
You know there are five of them in town now.
You can use all the men you can get.
I want all the Carhews in jail before Monday morning.
Don't go orderin' me around, Judge.
That's exactly what I'm doing!
You don't have too much time to waste.
Well, I'll take as much time as I figure I need.
Matter of fact, as far as the Carhews are concerned,
I've had my fill of them.
Had your fill?
I'm not takin' those boys on again.
Just what kind of a law officer are you, anyway?
Judge, I'll be honest with you.
When I first ran for sheriff, this seemed like a nice peaceable town.
All a sheriff had to do was lock up the drunks on Saturday night
and turn them loose in the morning.
Seemed like a good way to make a living.
Now if I'd wanted more than that,
there's plenty of towns like Tombstone and Leadville
where the sheriffs make more money,
but they don't live as long.
Me--I live being alive.
But, Burt, somebody's got to arrest those men.
Well, then let somebody arrest them.
Not Burt Adams.
You know, Judge...
seein' this badge is enough to tame down most people,
but the Carhews act like they don't even know what it means.
Well, I'm not going to get killed tryin' to teach them.
Judge, the way I look at it,
the Carhews are this town's problem, not mine.
Now why should I get killed because the Carhews hate this town?
I didn't make them hate it.
So I think you better get yourself somebody else.
You may be a spineless two-bit Lothario,
but you're still sheriff of this town,
and I'll see that you act like it!
Stop it!
You told him?
Somebody else told him. Denton?
No hard feelings, Judge.
Now don't feel bad about it, honey.
It's nobody's fault.
The best thing for both of us is to get out of this town.
You go home, tell your dad, pack your things,
and we'll catch that midnight train to Cheyenne.
Come in, Henry.
Well, it seems our popular young sheriff doesn't like his job.
Left us behind in his retreat.
I won't blame ya if you turn it down.
I won't turn it down.
Little piece of tin worth maybe four bits
means more to me than anything in my whole life.
You know, when they turned me out of office
and I had to give this badge to another man, I...
I know what you mean.
Well, I'm in business now. How do you wanna work it?
I want to jail the Carhews.
All of them?
All of them.
Where do you keep your deputy badges?
How many do you need?
Six ought to do.
Thanks.
Now look, Henry,
you ain't gonna be doin' anything
without lettin' me in on it.
I may not be so fast anymore,
but I'm just as sure as I always was.
I wouldn't think of keepin' you out of it.
I'll get enough men to back us up and bring them here.
You get ready to swear them in.
You wanna swear me in as a deputy?
That's exactly what I want.
Well, I'm no coward, Judge. You know that.
But I'm a logical man, and I ask myself--
what good will it do to put them in jail?
If you don't know the answer to that question--
I know the answer to that question.
It keeps them from interfering when you pass judgment.
But take it a little further, Judge.
What happens when they get out of jail?
Look, I need your help.
Now do I get it or not?
Well, I'd really like to accommodate you, Judge.
I'm not asking you to accommodate me.
I can go with you if there's any way
you can guarantee that's the end of it.
All we can do is try. There are no guarantees.
That's all those Carhews need--
to see me out there with the rest of you.
My hotel's too vulnerable. That's the long and short of it.
Then your answer is no.
You'll have to excuse me, Judge.
I left Ferris on the desk, and you know how he is.
Harlowe!
Now don't ask me, Judge.
I don't wanna have to turn you down.
You know what they'll do if they're allowed to get away with this bluff.
Well, they just wanna get Billy out of jail, that's all,
and once they do, I figure that'll be the end of it.
You're as blind as the rest.
I'm willin' to face up to anyone in a fair fight, and you know that,
but them Carhews are back shooters.
Sure, we could arrest them all and throw them in jail,
but they'll be gettin' out one day.
That's what everybody's sayin'. You can't jail them forever.
Yeah, that's what everybody's sayin'.
I got troubles enough ridin' night herd
without expectin' a shot in the back any time.
That's just what I'd get.
Judge, you can't blame the town in this.
They're all good folks.
Just some things you can't ask people to do.
Then God help you, Harlowe.
God help this town.
But I don't wanna go!
I thought you liked staying with Mrs. McCleary's sister.
And you know, I hear they have a new colt on the farm just waiting to meet you.
But I don't wanna meet him. Let me stay with you, Daddy.
Come on, dear.
Please, Daddy.
Now I'm gonna make you a promise, honey.
You know what a promise is?
Of course.
Well, I promise you this is the last time I'm ever gonna send you away.
Oh, we'll build a great big house at Shiloh.
You'll have a pony all your own.
And I'll never leave you again.
Cross your heart?
Cross my heart.
I do thank you for what you're doing, Mrs. McCleary.
I'm glad to help in any way I can. You know that.
Well, I'd like you to keep her at your sister's until I can come after her.
Oh, that'll be Tuesday late or Wednesday morning.
Don't you worry about her. I'll take good care of her.
And God bless you, Judge.
Thank you. Bye, honey.
Good-bye, Daddy, and remember what you promised.
Oh, I won't forget.
Giddup.
Morning there, Judge.
Morning.
I see you're sending Betsy out of town.
Makes good sense to take every precaution and all,
but I don't think it'll be necessary.
Oh, and how did you arrive at that conclusion, Mr. Mercer?
The town council held another meeting last night.
They asked me to give you these.
There's one missing.
Roscoe Overmeir-- he's out of town,
but I believe he'll be of the same opinion.
Affidavits.
Yes.
From 11 members of the jury,
admitting prejudice against Billy Carhew.
Now that you have proof,
well, we can't see any reason
why you shouldn't set that verdict aside.
You can't see any reason?
What about threatening jurors till they're scared witless?
That reason enough for you?
I've got work to do at the courthouse.
Now, Judge, the whole town likes you and respects you,
but we feel we're right about this.
If you go against us,
we intend to circulate a recall petition
to have you removed from office.
For your information, Mr. Mercer,
a judge isn't elected to reflect
the whimsical opinions of the people who voted for him.
I was elected to interpret the law,
and that's exactly what I intend to do!
If you wanna recall me, you better get started,
but I tell you nothing-- absolutely nothing's
gonna stop me from convening court in the morning.
We'll put you out of office. We mean that, Judge.
Go right ahead...
but you can't do it before tomorrow morning,
and after that, Mr. Mercer,
I'm resigning anyway.
Let me have a try at that thing.
I was just on my way home from church.
I knew I had to see you.
I had to talk to you about--
There's nothing to talk about.
Please, Henry, I have to talk to you.
Last night, Burt asked me to leave town with him.
I even went down to the depot.
I don't know why.
I knew even then I wouldn't leave with him.
You don't have to explain to me, Alice.
Can you understand why it happened?
No.
I suppose it's too much even for you to understand,
but I do now.
I thought out a lot of things last night, Henry.
I had plenty of time, I couldn't sleep.
A month ago... that was when you were in Cheyenne.
I danced with Burt at a party.
He took me home.
He was just like a hero in a novel.
He was handsome, gallant, and witty.
Terribly romantic.
He made me feel like a schoolgirl.
Well, I decided that night I must be desperately in love with him.
I might have understood if you told me then.
I couldn't.
There was something that stopped me,
and I didn't know what it was.
You see, Henry, you and I--
our love...
well, it wasn't like the kind of love that I read about in books.
It was different.
It was quiet and warm and comfortable.
I realized last night
that I'd been raised like every other girl
and thought the way I was taught to think.
I had learned to look for certain qualities in the man I'd marry.
He would be dashing and charming and romantic,
and he'd sweep me off my feet.
Then I... I learned that all of that was meaningless.
Burt showed me that.
Oh, he-- he was all those things.
I made the mistake of thinking I was in love with him.
I didn't even seem him as he really was until yesterday...
when I saw he wasn't even a man.
Then I knew... why I had not been able to tell you.
Because I love you as I can never love another man.
Our love is not like the love
that you read in a cheap novel.
It is quiet, comfortable,
but it's true and very deep.
I... I just wanted you to understand,
and I don't expect you to forgive me.
You know, Henry, it could have worked out very well for both of us.
I mean, I have all the qualifications for a perfect wife for you.
I come from a good family, and I'm of sound mind and body.
I know how to make social conversation with people to make them feel important.
Well, I can even serve a formal dinner for 12
with no more effort than it takes most wives to serve breakfast to their husbands.
And most important of all...
I love you, Henry.
Alice.
Please, Henry, I understand.
I'm going to leave town tonight.
We have relatives in Denver who have asked me to visit them for a while.
Take care of yourself, darling.
Joe?
Afternoon, Henry.
Everything quiet?
So far.
Joe, I want you to get a bunk in here for me.
I'll be spending the night.
Sure. Sure, yes, Henry, I'll take care of it.
I saw his honor come in.
Yeah, over there. Judge.
Thank you.
Good afternoon, sir.
Afternoon.
First of all, I'd like to apologize to you.
What for?
Well, this is the first time I've handled a case like this.
I just passed my bar exams before I came out here, and I--
Well, what I'm trying to say
is that when I advised those men,
I had no idea that things would get out of hand this way.
Well, if you hadn't given them that way out,
they'd have found something else.
I've been giving it a good deal of thought, your honor,
and I think I've come up with a simple solution,
one that would satisfy both the Carhews and the town,
and you wouldn't be compromised by it.
Oh?
Thank you.
All right, you don't wanna set aside the verdict,
but you could use the same evidence of prejudice to declare a mistrial.
That would automatically require a change of venue.
The case could be retried in Cheyenne perhaps,
which is too big a town for this sort of thing to happen.
and where there'd be no question of prejudice in a trial.
I don't know what you think the law is, Smith,
but it's not a game where you can get what you want
simply by finding enough legal justification.
I can't declare a mistrial unless there's been a mistrial!
Just a minute, your honor.
This town faces a big problem.
I came to you with what I thought might be a solution.
There are five armed and vicious men camped behind the courthouse.
I don't call giving in to that kind of terrorism a solution.
All right, your honor, maybe it's not,
but it is something for you to consider,
and I'm officially putting this petition before you.
You'll have my decision tomorrow morning in court.
Good day, sir.
Look what I got here.
Where'd you get that pig, Wilkie?
Oh, a man give it to me.
Go on, ain't nobody around here gonna give you a pig.
Son, you don't seem to know what powerful respect
people got around here for the name Lennie Carhew.
Me?
They got respect for me?
Sure thing, boy.
See, I was passin' by the butcher shop this evenin',
and the butcher just got himself in a wagonload of pigs,
and I stopped and says,
"I sure do like the looks of that pig,"
and he says, "Say, you ain't Lennie Carhew's uncle are ya?"
And I said, "I sure am,"
and he said, "Well, take that pig
'cause I sure don't wanna tangle with Lennie Carhew."
Now that was a smart man.
Hey, how come Billy ain't with you?
I thought you was gonna get him out.
I came to tell you that I presented Judge Garth
with a petition asking him to declare a mistrial.
He won't make a formal ruling on it until tomorrow morning in court.
What's that mean?
He means the judge ain't gonna let Billy go until mornin'.
That's right, ain't it?
No, it means we won't know what Judge Garth is gonna do
until he announces his decision in court.
You said you was gonna get him out of there.
Jake. Jake Carhew.
It's Clyde Carey, Jake. I'm alone.
I'd like to talk to you.
All right. Come on on in here where we can see ya.
Evening, Mr. Smith.
Drink?
No. No, thanks.
What's on your mind?
Well, I just want to let you know that, well,
we agree with you that Billy didn't get a fair trial.
We've asked the judge to set aside the verdict.
We've--we've even threatened to recall the judge,
but, of course, we can't do that by tomorrow morning,
so we just thought you ought to know
that we've done everything we can.
Of course, you've gotta realize
that we can't control what the judge says or thinks.
I mean, in this case, well...
Ugh!
Show him your knife.
Wait a minute, leave him alone!
Let me tell you somethin', Carey.
I'm right happy to hear all you done, but understand me--
it better work. You hear?
Yes.
And don't go tellin' me you can't control a judge!
Because you better. Understand?
Billy ain't hangin'.
You and the rest of this town better see to it.
When you came to me and told me
how the hole county felt about your family,
I thought you had a legal case,
but this sort of thing--
you can't free your brother by terrorizing the town.
Boy, you're as green as they come, ain't ya?
The judge and this town have done been flattened.
Now he may try to make a big show
because he don't wanna look bad,
but this town's runnin' scared.
He does anything to Billy, people around here
are gonna give him a coat of feathers
and ride him right out on a rail, lawyer.
You get on thing straight, Mr. Carhew--
I'll use every legal means to help your brother, but--
But what?!
I'm tellin' you, lawyer--
you're gonna come out of that courtroom with Billy in the mornin'
or you better be runnin' when you hit that door.
Now you go get your sleep.
You know, Judge, I've been thinkin'
it might do no harm if you got over to court a little early.
So you can take the prisoner over by yourself, is that it?
Now don't get stubborn with me, Henry.
You know as well as I do
it don't make one whit of difference
whether one man or two men take the prisoner over,
not if they're gonna take him.
Joe, you're a brave man.
No, not brave, it's just that I've done this so many times.
Ain't you sense enough to get scared?
Well, yes.
Yes, what?
Yes, I'm scared, and, yes, I'm going with you.
Well, maybe the easiest way would be to just let Billy go.
You ain't gonna make any friends in this town hangin' him.
You too, Joe? You think I should give in gracefully?
Anybody that had sense enough to know when to back away.
Everybody in this town wants you to.
Joe, what would you do in my place?
Oh, me, I'm just an old man. I got nothin' to lose.
Decisions are too easy for people with nothin' to lose,
but if I was a bettin' man, I'd lay pretty good odds
we'll never get him over to that courthouse without a fight.
This is sure one jail I'm sure not gonna be sorry to say good-bye to.
Oh, come on.
I ought to go with you as far as the courthouse door.
No, Piney, what you're doing is more important.
Yes, sir. I'll have everything ready.
Cover me, Joe.
We got your horse all saddled, Billy Boy. You ready to ride?
All ready, Jake.
I intend to take this prisoner into the courthouse.
I warn you-- don't make the slightest move to stop us.
Don't try nothin', Jake, he'll pull that trigger.
Get out of my way.
Do like he says, Jake.
Hold it.
No guns inside the courtroom.
You wanna come inside and hear the decision, leave them out here.
Now look, you ain't in no position-- Sure thing, Judge.
We wanna do everything accordin' to law.
You put them down now, boys.
Everybody get up!
The 15th district court, territory of Wyoming,
township of Medicine Bow is now in session.
The Honorable Henry Garth presiding.
Sit down.
Early last week, a jury of 12 men
returned a verdict of guilty
in the case of the people against William Homer Carhew.
Today, it is the court's duty to pass sentence.
Ordinarily in a case like this,
sentencing would be simple and obvious,
but a grave question has been raised...
which must be considered.
The court has before it a petition
asking that a mistrial be declared
on the grounds of prejudice.
Now before the court rules on this,
there's something I... I wanna say.
The attorney representing the defendant
was perfectly within his rights to make this petition,
under the provisions of the law designed to protect the rights
of an individual unjustly convicted of a crime,
and it would seem that the people
who have made it clear that they support this petition
were within their rights...
But there is no justice
when a particularly cold-blooded and vicious murderer
is allowed to go unpunished
simply because the citizens are intimidated by threats
and frightened to death.
William Carhew was tried in this court
not for the kind of man he is,
but on the specific charge of murder.
I refuse to believe
that 12 honorable men perjured themselves
when they swore to render a verdict
based solely on the evidence placed before them.
The petition to set aside the verdict is denied.
The prisoner will rise and face the bench.
William Homer Carhew,
you have been tried according to the law,
found guilt of murder in the first degree.
It is the sentence of this court
that you shall be taken to the appointed place of execution.
There you shall be hanged by the neck until dead.
Because of the unusual circumstances
surrounding this matter,
the sentence will be carried out immediately.
May God have mercy on your soul.
Stay there!
Jake, you ain't gonna let them hang me!
Jake, help me! Jake! Jake, help me!
Doctor.
He's dead.
Take the prisoner out.
Stay in your seats! This court hasn't been adjourned!
"I am the resurrection and the life," said the Lord,
"and who so ever believith on me..."
Oh Lord, incline thine eyes to this most unworthy sinner
who faced by thy most righteous judgment
and aware of his contrite spirit,
grant him thy mercy
in the name of Jesus Christ Our Lord
who came to bring thy mercy to all mankind.
Amen.
The sentence has been carried out, your honor.
Court is adjourned.
Don't go near those guns.
Judge.
You were right.
Maybe one of these days there'll be no need for these.
Stick around. This country's gonna need you.
And the Carhews never came back?
No, they never came back.
Well, if you ran against Oliver Smith,
you could beat him, couldn't you?
Hmm, I don't know. I'm not so sure.
Ten years can make quite a difference
in a country and in a man,
and in Smith's case, I think all of those changes have been to the good.
I think he'd do a fine job as a judge.
Is that your verdict?
That's my verdict.
Disappointed?
No, I like having you around.
And how would the foremost retired judge in this state
like a cup of hot chocolate before he goes to bed?
Well, just off hand now...
he'd like it fine.