Gunsmoke (1955) s02e03 Episode Script
Custer
ANNOUNCER: Starring James Arness as Matt Dillon.
You know it's one thing to see a man call another man out and shoot him down in a fair fight.
But when you come on a man who stays in the dark, away from the crowd and seeks out lonely, helpless people to prove himself on then you get mad.
And you lose faith a little.
Faith in the whole human race.
And faith is something that comes hard enough in a job like mine.
U.
S.
Marshal.
Empty.
You dirty old sidewinder! You deserve what you got! It's all ready, Mr.
Dillon.
I'm so hungry, I could eat a whole hog.
Well, I'm afraid this is all the hog you're gonna get this morning, Chester.
Well, is it done? Well, depends on how hungry you are.
No, it's done.
This way you don't cook out all the good.
Sure will be good to get back to Dodge tonight and sleep in a bed again.
You know, I think civilization made you too soft, Chester.
Well, it could be.
But I don't see how anybody could get used to using the ground for a mattress all the time.
Mm.
Guess you were made for bigger things thanrootin' around on the prairie and sleeping in the rain, huh? Rain? Ain't rained in a long time, Mr.
Dillon.
Mm, yeah, I know it hasn't.
But it will sooner or later.
It's bound to.
Well, I'm afraid it won't be soon enough.
We're awful short on water.
I don't think there's a creek between here and Dodge.
There isn't.
Ah.
Say, don't Old Granby live around here somewheres? Maybe we can get some water off of him.
Well, from what I've always heard about Granby, he's not the kind to give anything to anybody.
Well, people talk.
You really think he's a rich miser like everybody says? Well, I don't know, Chester.
Sometimes a man's a lot different from his reputation.
I've only met him once or twice, but he always seemed like a nice enough old fella.
Well, even if he does have a lot of money out here, it wouldn't do him no good way out here.
Heck, I don't think you could buy a beer within 50 miles.
Wellyeah.
He's too old for drinkin' and gamblin' and hurrahin' the town, anyway.
I hope I never get that old.
Well, at the rate you're burnin' yourself up, you won't, so don't worry about it.
Oh, now, Mr.
Dillon, I think I live pretty quiet for a young fella that's fancy-free and still full of blood.
Yeah.
Now, what's that string of dust? Ah, I've been noticing that.
Looks like somebody drivin' stock.
Maybe it's Old Granby.
Yeah, maybe so.
Let's go over and say hello to him.
That doesn't look like Old Granby, does it? No.
Come on.
Howdy.
Hello.
You workin' for Old Granby? I ain't workin' for nobody.
Oh? Well, uh, where is he? Where's who? Granby.
I don't know no Granby.
Well, mister, those are his horses you're driving.
They're wearin' his brand.
I ain't driving 'em.
I just found 'em wandering around loose, so Igathered 'em up.
Uh-huh.
You a cowboy? Yeah, sure.
I'm a cowboy.
You don't look like one to me.
What do you know about how I'm supposed to look? And that's no cow pony you were ridin' either.
That's an Army horse.
The Army sells horses all the time.
I bought 'em.
How come you're not wearin' a gun? Does a man have to wear a gun? No.
But you're probably the only man within 1,000 miles of here who's not wearing one.
Well, maybe I got a better conscience than the rest of you.
All right, I tell you what we'll do.
You've run those horses about 5 miles off Granby's property.
You give us a hand, we'll run 'em back.
I can't.
I'm in a hurry.
This won't take long.
Besides, it might take Old Granby a couple of days to round 'em up if we don't.
Look, you worry about 'em.
I gotta get into Dodge.
That's where we're headed.
We'll ride along with you afterwards.
I ain't gonna do it.
It'd look a lot better if you did, mister.
Look, I'd like to but I can't wait.
As long as you know who they belong to, you take 'em back.
I'm leavin' now.
Come on.
Ah! Come on.
You just gonna let him leave like that, Mr.
Dillon? Nope.
Hey! What are you shooting at?! Ride back here.
What's the matter, you crazy or something? You tryin' to kill me? Not gonna kill you, unless you try to run away again.
Why would I try and run away? You just did.
Chester, get those horses.
Yes, sir.
Now, if Granby says everything's all right, you can go wherever you want to.
All right, you get up ahead of me.
Look- And don't try anything funny.
Get going.
Come on.
I'll wait here for you, marshal.
Go in the house and look around, Chester.
You've been kind of balky ever since I ran into you, mister.
I don't like to be dragged around.
I never did.
You gonna get off that horse, or am I gonna pull you off? I know what you're thinkin', marshal.
You think I stole them horses.
Well, I never heard of the old man.
And I ain't never been near this place.
So you told me.
I ain't afraid of you or nobody, marshal.
All right, then let's go inside.
Mr.
Dillon! Old Granby's in there, all right, but- But somebody's gone and beat him to death.
Just because I happen to be in this part of the country don't mean I killed nobody.
Keep this on him.
I ain't gonna do nothing.
The whole house was torn up.
You must have been searching for Granby's money.
What money? Go over and search his blanket roll, will you, Chester? Put your hands in the air.
What do you think you'll find, marshal? What's your name? Trimble.
Joe Trimble.
And where are you from? Back East.
Back East where? All over.
And what are you doin' out here? Makin' a change.
Mm-hm.
And some cowboy you ran into told you about Granby bein' rich so you came in here and tried to beat him into tellin' you where the money was.
That's a lie.
This is the first time I've ever been here.
There's no money here, Mr.
Dillon.
I wish I had more evidence against you, Trimble but I'm gonna arrest you, and you're gonna stand trial.
And I'm gonna do my best to see you hang.
Chester get a shovel, will you? We'll lay Old Granby away.
Yes, sir.
All right.
Anyway, he tore the whole house apart looking for the money.
I'm pretty sure now that Old Granby never had an extra dollar.
How old is this fellow, Matt? Oh, he's around 25.
I can't figure him out, Doc.
He's not a gambler, and he's not a cowboy.
He's not even a drifter.
He just doesn't seem to fit anywhere.
Maybe he's just a poor boy runnin' away from home.
Mm.
And how old were you when you ran away from home? Age had nothing to do with it for me.
Well, anyway, they'll hang him.
I hope the judge agrees with you, Doc.
Oh, why shouldn't he? Because the only evidence I've got against him so far is circumstantial.
Uh, and I don't see where I can get anything else.
Then you should have shot him right there where you found him.
It's a good thing you're not a lawman, Doc.
Well, maybe if I was, there wouldn't be so many killings around here.
Tsk.
I doubt that.
You goin' up to Hays for the trial? I have to.
That'll take about a week, I suppose.
Well, about.
Why? Oh, nothing.
Only you've just been away for 10 days.
Well, I gotta earn a living somehow, Kitty.
You could make more money gamblin' right here in Dodge.
Is Marshal Dillon here? Thanks.
Marshal Dillon? Yes.
I'm Major Banker.
May I have a word with you? All right, major.
I'll be back.
No hurry.
Doc's got a lot of money.
Haven't you, Doc? No, I haven't.
Um, but I'll buy you another drink.
Just one, though.
Well, it's a start.
Well, major, what's on your mind? I had to come to Dodge on other business, but I thought I'd pass the word to you.
We're lookin' for a man.
The Army? Yes, a deserter.
Not from Fort Dodge.
He was stationed at Fort Lincoln with the 7th Cavalry.
And we believe he headed south.
He's about 25.
A private.
Brown hair and very dark brown eyes.
What's his name? He enlisted as Joe Gale, but he's known to have used the name of "Trimble.
" Well, major your man is right here in Dodge.
You- You sure, marshal? Got him locked up in jail.
Well now, that's fine- Fine, marshal.
But, uh how did you know we wanted him? I didn't.
He's under suspicion for murder.
I'm gonna have him tried for it.
Well, that won't be necessary now.
I'll take over custody of him.
Oh, no, major.
If you did that, he'd be tried up at Fort Lincoln for desertion.
I want him tried for murder.
And I'm gonna be there to present the evidence I've got.
You could go to Fort Lincoln.
Dakota's out of my territory, major.
Besides, this is a civil crime.
The army wants that man, marshal.
I'm sorry, major.
He's gonna be tried in Hays first.
He's still a soldier even if he did desert.
If the jury lets him off, the Army's welcome to him.
Major, he murdered and tortured an old man.
And I'm gonna do everything in my power to see him punished for it.
I'll have to take this up with my superior, sir.
Well, you'd better hurry.
I'm gonna take him to Hays tomorrow morning.
Good evening, sir.
Good night, major.
I got the horses up, Mr.
Dillon.
They're tied right outside.
Well, thanks, Chester.
You about ready to leave? Yeah, just about.
Well, Hays City ought to take you a couple of days, hadn't it? Day and a half, I figure.
It's only 100 miles.
Well, I'll bet that's harder riding than the cavalry's got Trimble used to.
Yeah, it'll be something different anyway.
At least we won't be stopping No.
No, you won't be doin' that.
That's for sure.
You won't be getting off and leavin' your horses for a whole hour every evening before you water 'em, either.
I'd like to get a picture of you doin' that.
Well, I don't know, Chester.
If I had to spend a whole day on one of those McClellan saddles like the cavalry does, I think I'd welcome a chance to get on my feet.
Well, I can't say that I blame you none there.
Well, wouldn't hurt to rev this place up a little when I'm gone.
Oh.
You know, I knowed you was gonna say that.
Well All right.
All right, I'll- I'llget at it right now.
Do it.
Just an idea, Chester.
Yeah, I know.
I know.
Sure.
I'd do it myself, if I had the time.
Mm-hm.
Just an idea.
You know, Mr.
Dillon, I- I was makin' a cup of coffee, so we could have a cup 'fore you left, is what I was doing.
Yeah, now there's an idea.
Well, it won't taste like nothing but cans of dust now.
Yeah, but think what a nice, clean room we'll have to drink it in.
Yeah, well, I'd just like for you to answer me one question.
What's that? How come that a debt-free, God-fearin', law-abiding citizen like myself has to do all the hard, dirty chores, and someArmy deserter, and a murderer to boot, gets to lay in there on his bunk and stare at the ceiling, and listen to the- The birds whistling outside his window? Answer me that.
I don't know.
Now, that's a question I'd have to break up, I think.
Take it a piece at a time.
Yeah, well, it ain't just, and it ain't right.
That's all I was gonna say.
Let's get that cup of coffee, huh? Oh.
Yeah, that ought to be about ready.
Ah.
How is it? Ah.
Nothin' wrong with that coffee.
Well, I made it good and strong.
There's nothing like a bellyful of powerful coffee to keep you in the saddle all day.
Yeah, this will keep me all the way to Hays.
Well, Chester, you can have the pleasure of going in and prodding Mr.
Trimble loose from his bunk of leisure.
Oh.
Well that'll make my day.
Hey! Yeah.
Gentlemen of the jury it's not my place to influence the way you think.
But it is my place to help you remember the important points of this case you have the duty of decidin' on.
Now, the difference between circumstantial evidence and real, actual evidence has been explained to you.
It only seems fair that, in my opinion, your decision is bound to be swayed by one or the other.
I don't think any of us have any doubts about the honesty and reputation of Marshal Matt Dillon.
In his opinion the defendant was found in possession of the horses of the deceased.
Now, the defendant denies this.
And the marshal further states that at the home of the deceased the way the defendant acted was caused by his guilt.
Now, the defendant says he's just naturally nervous whenever he's questioned by a lawman.
Now, these are not things you can really put your finger on.
But they're the only things you have to help you decide.
I don't have to remind you that a man's life is at stake here.
All right, jury can go now.
How come you brought him back, Mr.
Dillon? They found him innocent, Chester.
Innocent? Nice folks up in Hays.
Ain't that so, marshal? Get inside, Trimble.
Major Banker still in town, Chester? Yeah.
Saw him not more than an hour ago.
Would you mind gettin' him for me? Look, marshal, I ain't afraid of the Army either.
Want to play a little poker while we wait? I feel lucky.
Get inside.
You don't have to lock me up.
I wouldn't try and run away.
I know you won't.
You know why I wouldn't try and run away, marshal? That'd give you a good excuse to shoot me.
I think you'd like that.
Mister I thought about that all the way from Hays.
Get movin'.
Hello, marshal.
Major.
Well, I hear you didn't have much of a civil case after all.
They acquitted him.
Law's the law, I guess.
Yes, and in the Army, orders are orders.
I'm sorry your court didn't convict him.
That so? Get the prisoner, will you, Chester? I'll say one thing for the Army though, major.
What's that? We were in the saddle and all through last night.
And your private here wanted to play poker when we got back.
Yes, marshal.
The cavalry may have some bad men in it, but they're all tough.
Private Trimble, sir.
You're under military arrest, private.
Not privileged to salute.
Yes, sir.
Besides, you enlisted as Private Gale, not Trimble.
Yes, sir.
Trimble you don't deserve to be here.
You know that, don't you? You ought to be hung for what you've done.
I told you I'd go free, marshal.
It'll catch up with you.
It always does.
Well thank you, marshal.
We'll get going.
Private Major you said you were sorry the court didn't convict him.
What made you change your mind? Because I've gotten orders from General Terry to return him to his unit in the Dakotas.
You mean to say he won't even be convicted of desertion? Oddly enough, he won't even be tried.
Not for several months anyway.
Why not? The 7th needs every available man.
They're leaving Ft.
Lincoln soon on an expedition against the Sioux and the Northern Cheyenne.
The Sioux, huh? Wonder if Sitting Bull's still chief medicine man for that tribe.
I don't know but I expect the 7th will go into Montana Territory.
Well, they will if they're after Sitting Bull.
He's always in a large camp up there on the Little Bighorn, you know.
Well, thanks again, marshal.
We'll be getting along.
Good luck, major.
Right.
Well, maybe a Sioux war lance will take care of him for us.
I doubt it, Chester.
Private Trimble is not the kind of a man to face danger if he can find any way out of it.
Who's in charge of the 7th now, anyways? Well, he's one of the most ambitious generals in the Army, Chester.
And he's not too well liked either, from what I hear.
General George Custer.
Custer, huh? Well, he sure must be needin' soldiers awful bad to take a deserter like Trimble along.
Yeah, this Custer had better watch himself.
Old Sitting Bull knows that Little Bighorn country like the back of his hand.
Ain't no Indians gonna massacre the United States Army.
Well, I don't know, Chester.
Custer may overextend himself one of these days.
Get it right in the neck.
You know, we can't do anything to Trimble for what he's done.
But like you said, maybe, uh old Sitting Bull and a Sioux war lance will do the job for us.
I'll tell you one thing.
A man like Trimble has to pay sooner or later.
Yeah.
Custer.
Tsk.
No, I guess I never heard of him.
You know it's one thing to see a man call another man out and shoot him down in a fair fight.
But when you come on a man who stays in the dark, away from the crowd and seeks out lonely, helpless people to prove himself on then you get mad.
And you lose faith a little.
Faith in the whole human race.
And faith is something that comes hard enough in a job like mine.
U.
S.
Marshal.
Empty.
You dirty old sidewinder! You deserve what you got! It's all ready, Mr.
Dillon.
I'm so hungry, I could eat a whole hog.
Well, I'm afraid this is all the hog you're gonna get this morning, Chester.
Well, is it done? Well, depends on how hungry you are.
No, it's done.
This way you don't cook out all the good.
Sure will be good to get back to Dodge tonight and sleep in a bed again.
You know, I think civilization made you too soft, Chester.
Well, it could be.
But I don't see how anybody could get used to using the ground for a mattress all the time.
Mm.
Guess you were made for bigger things thanrootin' around on the prairie and sleeping in the rain, huh? Rain? Ain't rained in a long time, Mr.
Dillon.
Mm, yeah, I know it hasn't.
But it will sooner or later.
It's bound to.
Well, I'm afraid it won't be soon enough.
We're awful short on water.
I don't think there's a creek between here and Dodge.
There isn't.
Ah.
Say, don't Old Granby live around here somewheres? Maybe we can get some water off of him.
Well, from what I've always heard about Granby, he's not the kind to give anything to anybody.
Well, people talk.
You really think he's a rich miser like everybody says? Well, I don't know, Chester.
Sometimes a man's a lot different from his reputation.
I've only met him once or twice, but he always seemed like a nice enough old fella.
Well, even if he does have a lot of money out here, it wouldn't do him no good way out here.
Heck, I don't think you could buy a beer within 50 miles.
Wellyeah.
He's too old for drinkin' and gamblin' and hurrahin' the town, anyway.
I hope I never get that old.
Well, at the rate you're burnin' yourself up, you won't, so don't worry about it.
Oh, now, Mr.
Dillon, I think I live pretty quiet for a young fella that's fancy-free and still full of blood.
Yeah.
Now, what's that string of dust? Ah, I've been noticing that.
Looks like somebody drivin' stock.
Maybe it's Old Granby.
Yeah, maybe so.
Let's go over and say hello to him.
That doesn't look like Old Granby, does it? No.
Come on.
Howdy.
Hello.
You workin' for Old Granby? I ain't workin' for nobody.
Oh? Well, uh, where is he? Where's who? Granby.
I don't know no Granby.
Well, mister, those are his horses you're driving.
They're wearin' his brand.
I ain't driving 'em.
I just found 'em wandering around loose, so Igathered 'em up.
Uh-huh.
You a cowboy? Yeah, sure.
I'm a cowboy.
You don't look like one to me.
What do you know about how I'm supposed to look? And that's no cow pony you were ridin' either.
That's an Army horse.
The Army sells horses all the time.
I bought 'em.
How come you're not wearin' a gun? Does a man have to wear a gun? No.
But you're probably the only man within 1,000 miles of here who's not wearing one.
Well, maybe I got a better conscience than the rest of you.
All right, I tell you what we'll do.
You've run those horses about 5 miles off Granby's property.
You give us a hand, we'll run 'em back.
I can't.
I'm in a hurry.
This won't take long.
Besides, it might take Old Granby a couple of days to round 'em up if we don't.
Look, you worry about 'em.
I gotta get into Dodge.
That's where we're headed.
We'll ride along with you afterwards.
I ain't gonna do it.
It'd look a lot better if you did, mister.
Look, I'd like to but I can't wait.
As long as you know who they belong to, you take 'em back.
I'm leavin' now.
Come on.
Ah! Come on.
You just gonna let him leave like that, Mr.
Dillon? Nope.
Hey! What are you shooting at?! Ride back here.
What's the matter, you crazy or something? You tryin' to kill me? Not gonna kill you, unless you try to run away again.
Why would I try and run away? You just did.
Chester, get those horses.
Yes, sir.
Now, if Granby says everything's all right, you can go wherever you want to.
All right, you get up ahead of me.
Look- And don't try anything funny.
Get going.
Come on.
I'll wait here for you, marshal.
Go in the house and look around, Chester.
You've been kind of balky ever since I ran into you, mister.
I don't like to be dragged around.
I never did.
You gonna get off that horse, or am I gonna pull you off? I know what you're thinkin', marshal.
You think I stole them horses.
Well, I never heard of the old man.
And I ain't never been near this place.
So you told me.
I ain't afraid of you or nobody, marshal.
All right, then let's go inside.
Mr.
Dillon! Old Granby's in there, all right, but- But somebody's gone and beat him to death.
Just because I happen to be in this part of the country don't mean I killed nobody.
Keep this on him.
I ain't gonna do nothing.
The whole house was torn up.
You must have been searching for Granby's money.
What money? Go over and search his blanket roll, will you, Chester? Put your hands in the air.
What do you think you'll find, marshal? What's your name? Trimble.
Joe Trimble.
And where are you from? Back East.
Back East where? All over.
And what are you doin' out here? Makin' a change.
Mm-hm.
And some cowboy you ran into told you about Granby bein' rich so you came in here and tried to beat him into tellin' you where the money was.
That's a lie.
This is the first time I've ever been here.
There's no money here, Mr.
Dillon.
I wish I had more evidence against you, Trimble but I'm gonna arrest you, and you're gonna stand trial.
And I'm gonna do my best to see you hang.
Chester get a shovel, will you? We'll lay Old Granby away.
Yes, sir.
All right.
Anyway, he tore the whole house apart looking for the money.
I'm pretty sure now that Old Granby never had an extra dollar.
How old is this fellow, Matt? Oh, he's around 25.
I can't figure him out, Doc.
He's not a gambler, and he's not a cowboy.
He's not even a drifter.
He just doesn't seem to fit anywhere.
Maybe he's just a poor boy runnin' away from home.
Mm.
And how old were you when you ran away from home? Age had nothing to do with it for me.
Well, anyway, they'll hang him.
I hope the judge agrees with you, Doc.
Oh, why shouldn't he? Because the only evidence I've got against him so far is circumstantial.
Uh, and I don't see where I can get anything else.
Then you should have shot him right there where you found him.
It's a good thing you're not a lawman, Doc.
Well, maybe if I was, there wouldn't be so many killings around here.
Tsk.
I doubt that.
You goin' up to Hays for the trial? I have to.
That'll take about a week, I suppose.
Well, about.
Why? Oh, nothing.
Only you've just been away for 10 days.
Well, I gotta earn a living somehow, Kitty.
You could make more money gamblin' right here in Dodge.
Is Marshal Dillon here? Thanks.
Marshal Dillon? Yes.
I'm Major Banker.
May I have a word with you? All right, major.
I'll be back.
No hurry.
Doc's got a lot of money.
Haven't you, Doc? No, I haven't.
Um, but I'll buy you another drink.
Just one, though.
Well, it's a start.
Well, major, what's on your mind? I had to come to Dodge on other business, but I thought I'd pass the word to you.
We're lookin' for a man.
The Army? Yes, a deserter.
Not from Fort Dodge.
He was stationed at Fort Lincoln with the 7th Cavalry.
And we believe he headed south.
He's about 25.
A private.
Brown hair and very dark brown eyes.
What's his name? He enlisted as Joe Gale, but he's known to have used the name of "Trimble.
" Well, major your man is right here in Dodge.
You- You sure, marshal? Got him locked up in jail.
Well now, that's fine- Fine, marshal.
But, uh how did you know we wanted him? I didn't.
He's under suspicion for murder.
I'm gonna have him tried for it.
Well, that won't be necessary now.
I'll take over custody of him.
Oh, no, major.
If you did that, he'd be tried up at Fort Lincoln for desertion.
I want him tried for murder.
And I'm gonna be there to present the evidence I've got.
You could go to Fort Lincoln.
Dakota's out of my territory, major.
Besides, this is a civil crime.
The army wants that man, marshal.
I'm sorry, major.
He's gonna be tried in Hays first.
He's still a soldier even if he did desert.
If the jury lets him off, the Army's welcome to him.
Major, he murdered and tortured an old man.
And I'm gonna do everything in my power to see him punished for it.
I'll have to take this up with my superior, sir.
Well, you'd better hurry.
I'm gonna take him to Hays tomorrow morning.
Good evening, sir.
Good night, major.
I got the horses up, Mr.
Dillon.
They're tied right outside.
Well, thanks, Chester.
You about ready to leave? Yeah, just about.
Well, Hays City ought to take you a couple of days, hadn't it? Day and a half, I figure.
It's only 100 miles.
Well, I'll bet that's harder riding than the cavalry's got Trimble used to.
Yeah, it'll be something different anyway.
At least we won't be stopping No.
No, you won't be doin' that.
That's for sure.
You won't be getting off and leavin' your horses for a whole hour every evening before you water 'em, either.
I'd like to get a picture of you doin' that.
Well, I don't know, Chester.
If I had to spend a whole day on one of those McClellan saddles like the cavalry does, I think I'd welcome a chance to get on my feet.
Well, I can't say that I blame you none there.
Well, wouldn't hurt to rev this place up a little when I'm gone.
Oh.
You know, I knowed you was gonna say that.
Well All right.
All right, I'll- I'llget at it right now.
Do it.
Just an idea, Chester.
Yeah, I know.
I know.
Sure.
I'd do it myself, if I had the time.
Mm-hm.
Just an idea.
You know, Mr.
Dillon, I- I was makin' a cup of coffee, so we could have a cup 'fore you left, is what I was doing.
Yeah, now there's an idea.
Well, it won't taste like nothing but cans of dust now.
Yeah, but think what a nice, clean room we'll have to drink it in.
Yeah, well, I'd just like for you to answer me one question.
What's that? How come that a debt-free, God-fearin', law-abiding citizen like myself has to do all the hard, dirty chores, and someArmy deserter, and a murderer to boot, gets to lay in there on his bunk and stare at the ceiling, and listen to the- The birds whistling outside his window? Answer me that.
I don't know.
Now, that's a question I'd have to break up, I think.
Take it a piece at a time.
Yeah, well, it ain't just, and it ain't right.
That's all I was gonna say.
Let's get that cup of coffee, huh? Oh.
Yeah, that ought to be about ready.
Ah.
How is it? Ah.
Nothin' wrong with that coffee.
Well, I made it good and strong.
There's nothing like a bellyful of powerful coffee to keep you in the saddle all day.
Yeah, this will keep me all the way to Hays.
Well, Chester, you can have the pleasure of going in and prodding Mr.
Trimble loose from his bunk of leisure.
Oh.
Well that'll make my day.
Hey! Yeah.
Gentlemen of the jury it's not my place to influence the way you think.
But it is my place to help you remember the important points of this case you have the duty of decidin' on.
Now, the difference between circumstantial evidence and real, actual evidence has been explained to you.
It only seems fair that, in my opinion, your decision is bound to be swayed by one or the other.
I don't think any of us have any doubts about the honesty and reputation of Marshal Matt Dillon.
In his opinion the defendant was found in possession of the horses of the deceased.
Now, the defendant denies this.
And the marshal further states that at the home of the deceased the way the defendant acted was caused by his guilt.
Now, the defendant says he's just naturally nervous whenever he's questioned by a lawman.
Now, these are not things you can really put your finger on.
But they're the only things you have to help you decide.
I don't have to remind you that a man's life is at stake here.
All right, jury can go now.
How come you brought him back, Mr.
Dillon? They found him innocent, Chester.
Innocent? Nice folks up in Hays.
Ain't that so, marshal? Get inside, Trimble.
Major Banker still in town, Chester? Yeah.
Saw him not more than an hour ago.
Would you mind gettin' him for me? Look, marshal, I ain't afraid of the Army either.
Want to play a little poker while we wait? I feel lucky.
Get inside.
You don't have to lock me up.
I wouldn't try and run away.
I know you won't.
You know why I wouldn't try and run away, marshal? That'd give you a good excuse to shoot me.
I think you'd like that.
Mister I thought about that all the way from Hays.
Get movin'.
Hello, marshal.
Major.
Well, I hear you didn't have much of a civil case after all.
They acquitted him.
Law's the law, I guess.
Yes, and in the Army, orders are orders.
I'm sorry your court didn't convict him.
That so? Get the prisoner, will you, Chester? I'll say one thing for the Army though, major.
What's that? We were in the saddle and all through last night.
And your private here wanted to play poker when we got back.
Yes, marshal.
The cavalry may have some bad men in it, but they're all tough.
Private Trimble, sir.
You're under military arrest, private.
Not privileged to salute.
Yes, sir.
Besides, you enlisted as Private Gale, not Trimble.
Yes, sir.
Trimble you don't deserve to be here.
You know that, don't you? You ought to be hung for what you've done.
I told you I'd go free, marshal.
It'll catch up with you.
It always does.
Well thank you, marshal.
We'll get going.
Private Major you said you were sorry the court didn't convict him.
What made you change your mind? Because I've gotten orders from General Terry to return him to his unit in the Dakotas.
You mean to say he won't even be convicted of desertion? Oddly enough, he won't even be tried.
Not for several months anyway.
Why not? The 7th needs every available man.
They're leaving Ft.
Lincoln soon on an expedition against the Sioux and the Northern Cheyenne.
The Sioux, huh? Wonder if Sitting Bull's still chief medicine man for that tribe.
I don't know but I expect the 7th will go into Montana Territory.
Well, they will if they're after Sitting Bull.
He's always in a large camp up there on the Little Bighorn, you know.
Well, thanks again, marshal.
We'll be getting along.
Good luck, major.
Right.
Well, maybe a Sioux war lance will take care of him for us.
I doubt it, Chester.
Private Trimble is not the kind of a man to face danger if he can find any way out of it.
Who's in charge of the 7th now, anyways? Well, he's one of the most ambitious generals in the Army, Chester.
And he's not too well liked either, from what I hear.
General George Custer.
Custer, huh? Well, he sure must be needin' soldiers awful bad to take a deserter like Trimble along.
Yeah, this Custer had better watch himself.
Old Sitting Bull knows that Little Bighorn country like the back of his hand.
Ain't no Indians gonna massacre the United States Army.
Well, I don't know, Chester.
Custer may overextend himself one of these days.
Get it right in the neck.
You know, we can't do anything to Trimble for what he's done.
But like you said, maybe, uh old Sitting Bull and a Sioux war lance will do the job for us.
I'll tell you one thing.
A man like Trimble has to pay sooner or later.
Yeah.
Custer.
Tsk.
No, I guess I never heard of him.