The Big Valley (1965) s01e10 Episode Script

The Murdered Party

Charlie.
I want to get this on that San Francisco train tonight.
Another minute, and you'd have been too late.
I ain't never gonna get caught up.
You keep tryin', you hear? - Now, give me that money.
! - I don't have any.
You're supposed to have that money.
Colonel Ashby! I didn't do it! I didn't kill him! - Morning.
- Good morning.
- Good morning, Heath.
- Well, good morning.
You, uh, ready to go back to work now? The barley's headin' out, alfalfa's ready to be cut 16 colts just waitin' to be broke.
- I do hope you can spare us a few moments of your time.
- I'm ready.
- I'd sooner clean the stables than testify at that inquest.
- Then it's all over? They brought in an indictment of first-degree murder last night.
It's all over but the hangin'.
Korby Kyles for Colonel Ashby- One of the most despicable men in our community taken in exchange for one of the most charitable, beloved men.
Not a very fair exchange.
If I had my way, I'd kickJake Kyles and all three of his sons clean out of this valley.
That bunch is worse than a wagonload ofbarbed wire.
- Sorry I'm late.
- Audra.
- Well, good morning, Audra.
- Good morning.
All this work going on around this ranch, I suppose you've been out dancing the moon down.
Well, you're welcome to suppose all you like.
Soon as these odd jobs are through maybe we ought to commence ridin' herd on our little sister.
I'll have you know I was up at 6:00 this morning and picked up the plans for the orphanage for the meeting this afternoon.
Well, with the colonel's murder you don't suppose Mrs.
Ashby will change her mind about donating that land? Mrs.
Ashby told the committee that the children shouldn't suffer because of his death.
I'm sorry.
You just can't come barging in.
Out of my way.
I wanna do some talkin'.
- Jake Kyles, you get out of here! - Nick! Nick! - I ain't gonna take much of your time, Victoria.
- Get those hats off! I'm just after askin' a simple favor from an old friend.
All right.
What favor can we do for you? I been all over town.
Ain't a lawyer anywheres will even touch my boy's case.
They're either afraid of Ashby's name or mad at Kyles.
ButJarrod- he ain't afraid.
He's pretty fair with them legal speeches.
I'd like to hire him on.
Are you willin'? Now, Jake, you think about the reasons those lawyers turned you down.
It's probably because they don't believe your son's plea that he's innocent.
'Cause ain't a-one of'em will even listen to his side! Jarrod, you're my last hope.
I wouldn't asked you neither if it weren't for the fact that your daddy and me came to this valley together.
A member of my family is the prime witness against your son.
I thought of that too.
But it ain't as if he's a real member of the Barkley family.
- Come on! - Nick.
Now, Jake, I'll try and overlook that remark.
But you understand this- I'll not accept your case.
You're always yappin' it up about justice.
But when it comes to action, you're like all the rest of them do-gooders.
! Do-nothing.
! I'm tellin' you, the real knife-stickers in this town are the high and mighty mucky-mucks like the Barkleys and the Ashbys.
- Jake, that'll be enough! - You heard Jarrod's answer.
Don't make it any worse.
All right.
You see to it he keeps his nose out of our business.
And see that he don't tell any more lies about my own son! Mr.
Kyles, I don't take to anybody callin' me a liar.
And I'm tellin' you your testifyin' against Korby makes you one! Get out! Get out of here, Jake, before we forget you're an old man.
Now, move.
Come on, Pa.
All right.
Let's finish breakfast.
Heath.
I'm sorry for what he said.
Thanks, Sis.
I'm sure ifJacob really tries, he'll find a competent lawyer.
What difference does it make? Well, sometimes it has been known to make the difference between a verdict of guilty and innocent.
But Heath caught him red-handed! That's high, low, Jack and the game, right? Right.
Good afternoon, Counselor.
- Jarrod! - Clem, how are you? Fine.
Good to see you.
Say, I owe your brother Heath a drink for testifying at the inquest.
He's a prosecutor's dream.
Thank you, sir.
It would appear so, but, uh, you know it's too bad it cost an Ashby to get rid of a Kyles.
Tell me, Clem- Is it true thatJacob Kyles can't get anyone to defend his son? Oh, I hear tell he's been askin'around.
But unless Korby decides to change his plea to guilty I don't think he's gonna have much luck.
- Why are you askin'? - Oh, it's- - It's just that he finally got around to asking me.
- Oh? No, sir.
Never a Kyles set foot in this shop.
Them so shaggy-eared, they ought to pay double-dog taxes.
I ain't complainin'.
I wouldn't want to dull my shears on any of'em.
Colonel Ashby-Well, they broke the mold when they made him.
It was a grand funeral.
I shaved him.
A quick hangin' would be a community service.
Set a simple black-tongued example for the rest of'em.
They oughta hamstring the whole crew of'em.
They oughta tie 'em up in a cave and clean 'em out once and for all from the land of civilized people.
Only thing- Hangin' won't bring the colonel back.
But at least he wouldn't be able to kill anybody else, that's for certain.
Nice talking to you, Slim.
Thank you, Mr.
Barkley.
Been nice talkin' to you.
Next? "The Kyles are a menace to our community.
"The record shows a history of 14 individual arrests during this past year alone.
"Korby Kyles himself has been charged with drunkenness "destruction of private property "conspiring to defraud, assault with a deadly weapon and now we know him to be the lowest of all human beings- a murderer.
" Don't you think this editorial is just a little prejudicial? You call it prejudicial.
I call it the truth.
Tell me, George- are all writers so emotional or is it just that lawyers are too objective? Jarrod, I don't understand you.
Your own brother is living proof of Kyles's guilt! Oh, I'm well aware of the case against him.
I just wonder if you'd print anything for him.
Hello, Audra.
Well, who are your little friends? These are some of the children whose parents were lost in the epidemic.
I'm taking them over to Mrs.
Bradshaw's house.
There's just no room in the old orphanage.
Children, why don't you go on to Mr.
Perkins's store and tell him I said to give you each a licorice stick.
- Jarrod? - Hmm? You're thinking about the Korby Kyles case.
What makes you say that? Because I heard what you said to George Allison.
Oh.
Well, I just don't like it when a newspaper condemns a man before he's even been tried.
After all, it might be one of my clients sometime.
You're not thinking of changing your mind and taking the case? The last thing in this world I want to do is defend Korby Kyles.
- Anyway, that's nothing for you to be worried about.
- Yes, it is! How do you think Mrs.
Ashby is going to feel about being associated in the orphanage with us if you defend the man who murdered her husband? Now, Audra, Korby Kyles might be guilty, but- Might be guilty? Heath saw him do it.
That's proof enough! Jarrod, you've got to promise me you won't take the case.
I'm sorry, honey.
I can't make you that promise.
Now you see what I've been doing all year.
The new orphanage is going to be as perfect as I can get it.
Here are the sleeping quarters, and this is the infirmary we're giving the money for.
The pantry, the kitchen, the dining room.
- What else do these kids do besides eat? - They wash and dry dishes.
I wouldn't think they'd have time between meals.
Oh, don't you worry.
They study harder than most children.
All right.
I'm sold.
Anything I can do, you tell me.
Excuse me, Sis.
Well, you're home early.
Town lost its charm? No.
Town's fine.
Audra seems to think you're gonna commence a war against it.
Audra jumps to conclusions.
Jarrod, if you knew a man was guilty, would you defend him? Only to save his life by pleading for mercy especially if there were extenuating circumstances.
But if he claims he's innocent? That would depend on whether I could believe him or not.
Do you believe Korby Kyles killed Colonel Ashby? Heath, the more everyone hangs him in advance the more I wonder about it.
I saw him, Jarrod.
You think I made it up? No.
Of course not.
But you still think there's a possibility that Kyles didn't do it.
At this moment, yes.
There's a shadow of possible- but not probable- doubt even though you sincerely believe you saw him do it.
All right.
Then I want to make it clear that you don't turn him down on my account.
Thanks, Heath.
But that's the cart before the horse.
I haven't even talked to the party in question yet.
Morning, Fred.
- Well, I see they're keeping you busy.
- No, they ain't.
And that's what I like about this job.
- What can I do for you, Jarrod? - I want to see Kyles.
- What do you want with him? - Maybe offer to draw up his will.
- Can I see him? - Come on ahead and waste your time.
He ain't got nothing worth leaving, as far as I can see.
Kyles, you got a visitor.
Well, lookee here! A high-and-mighty Barkley's come to lord it over a poor old Kyles.
Well, I didn't bow for your brother, and I ain't gonna bow for you and I ain't gonna bow for nobody else in this coyote town! And I'll tell you somethin' else, mister! I'm gonna gnaw your hangin' rope in two and I'm gonna come and get you and your brother and that stinkin' sheriff and everybody else that's a-crowin' over me right now.
You refused to testify at the inquest.
Does that mean you're gonna plead guilty? I mean, what difference does it make? I ain't got no lawyer to prove otherwise.
All right, Korby.
Did you do it? And what if I say yes? Then I want to know if you're gonna plead guilty.
- Why? - Because a lawyer might be able to save your life.
My pa said you wouldn't have nothin' to do with me.
Your pa might be wrong.
There's somethin' scratchin' in your craw there, mister comin' on with them cheap "maybes.
" - Well, maybe I'm guilty and maybe I'm not! - Which is it? What if I said "I'm not" for sure? What then? Course I'm not.
! And I got a good notion to tell the whole world about this town! It's full of tall doggy-stuffed shirts! Ain't a one of'em around good as the Kyles.
! And believe me, mister, I've seen both sides of it.
Korby, if I thought you'd level- You Barkleys- You ain't got enough to railroad me.
So you come here to shut me up, huh? I came down here to consider your case.
If you don't want even that, then at least I've satisfied my conscience that I tried.
Hold on a minute.
! Keep your shirt on.
I mean, hog, dock or devil, I got to have me a lawyer.
All right then.
You tell me the truth, plain and simple.
You wouldn't know the truth if you run over it in the street.
- Try me.
- All right.
You wanna know about your high-and-mighty, rich, respectable Colonel Ashby? He had two suits- one of'em was clean, and one of'em was dirty.
You wanna know how he got his real money? He got it from opium.
You're lying! Let me tell you that that kind of talk is only gonna dig you in deeper than you are already.
I figured you'd say that.
Colonel Ashby was the middleman for the whole of central California.
All I did was carry the stuff to the buyers, like the Hip Su tong.
And that's what was goin'on back there in that alley.
It was the payoff from the head Chinaman.
It was one of them Chinamen that killed him, not me.
- Can you identify that Chinaman? - No, I can't identify him.
They all look alike to me.
Like I told you, all I do is carry the stuff.
The payoff comes direct.
So there I was, back there in that dark alley.
I'd come to get my money for my day's work.
And I see Colonel Ashby, and I seen a man behind him.
And so I yelled to the colonel, "Look out, Colonel!" Then he turned around, and that's when the Chinaman, he done it.
So I go over to this poor man and I pull a knife out of him and I chase that Chinaman.
And that's when your brother, he jumped me.
Huh.
What's the difference? You ain't gonna believe me, 'cause I ain't nothin' but a Kyles.
There's one difference.
If your story is true, it will ruin the reputation of one of the most respected men in this state.
Well, that's, uh- That's his fault, not mine! My brother testified that he saw you stab Colonel Ashby.
And I told you I didn't do it.
He seen a Chinaman, not me.
And I swear that on my mother's grave.
Your story is so bad, I'm almost tempted to believe it.
Well, thanks, Jarrod.
Don't you ever call me "Jarrod.
" Nick.
- Is it true? - What? You're gonna defend Kyles? No, but it's true I'm thinking about it.
You're gonna think yourself right into a hole, Brother.
The more you think, the deeper you're gonna get.
No, Nick, I'd say it's more like treading water looking for a bottom that should be there but isn't.
Well, I just don't see feeling sorry for Kyles.
They came here with the same chances our parents did- the same kind of land and enough land to keep three boys out of the trouble that they're always in.
Look, why don't you give some of that good advice about how to run their place to them? Because it's none of my business giving advice to people that don't want it! Jarrod how long has it been since you've been out to the Kyles place? - A long time.
Why? - Well, why don't you take a ride out there? Maybe you can find that bottom you're lookin' for.
- Mornin', Jake.
- Light down, Barkley.
I don't look up to folks when I talk.
It doesn't bother me either way.
Say your piece.
Tell me, Jake- Why do you let a good farm go like this? It's mine.
It suits me.
I'm a free man beholden to nobody.
You figure the less work you do, the freer you are? You feelin' extra proud because you got all your buildings covered in white paint? There's worms under that paint.
Shoot.
I knew the Barkleys when they was kinda dirty and kinda neighborly.
Well, let that be now.
Mornin', boys.
But you didn't come all the way over here just to insult me.
Maybe you came over to tell me your so-called brother decided against testifyin'.
No.
I'm afraid not, Jake.
I just came over here to see if you're having any better luck getting a lawyer for Korby.
None.
You're all of the same stripe.
Soon as one of you hears a Kyles's within 18 miles of a crime you right away figure it's him what done the dirty work.
Well, what would you say if they were within just a few feet, Jake? All right, boys.
I want those silver conchas in my hand right now.
- You got them conchas, Emmet? - No, Pa.
I ain't got 'em.
We was just standin'here, admirin'his horse and saddle.
See? There you go, accusin' my boys.
Well, now, suppose we take it on the evidence, Jake.
Those silver conchas were on that saddle when I rode in here.
- Now they're gone.
- Well, now, that don't prove nothin'.
- Hand 'em over.
- Get away from me.
Let go! Let go of me! I didn't do it! I didn't do it! Oh! Seems what everybody says about this family is true.
You've never known an honest day's work or an honest dollar.
Just a minute, Barkley.
You don't seem to know a joke when it's played on you.
- Korby a joke too? - Hold on now.
It takes a brain like a slippery water snake to blame Korby for them boys' foolishness.
Besides, Korby's my burden, not yours.
And you seem to be doing everything in your power to keep it that way, Jake.
You know, I think I'd recognize that perfume in the middle of a desert sandstorm.
My, my.
You look as lovely as summertime itself.
- Thank you.
- What brings you to town? Oh, the place to discuss law is in a lawyer's office not at a breakfast table.
Very well, madam.
Would you, uh, please state your legal problem? Jarrod, there's nothing in the law that says a lawyer has to defend any special person.
I mean, a lawyer has the right to refuse a case if he so chooses.
If he has a good enough reason.
No, there's nothing in the law that mentions he has to defend any special person.
But when a lawyer takes his oath, he swears to defend justice and the Constitution.
Audra says the- the committee believes that Mrs.
Ashby will change her mind about giving the land to the home if you defend Korby Kyles.
Yes, I've heard that.
But in theory, that should have no bearing on the case.
If you do take the case that means you will attempt to discredit Heath's testimony.
If I take the case.
Jarrod, from the day Heath came to us he's had to prove to the people in this valley that he's the equal of anyone that his word counts no less than any other Barkley.
Oh, Mother, don't you think I've thought about that? You know I don't want to hurt Heath.
But he's told me he doesn't want to influence my decision either.
Nonetheless, you will hurt him.
Yes.
Oh, that puts me nicely in the middle, doesn't it? Jarrod- I promise you, I will carefully consider everything you've said to me.
Sorry to interrupt, but I think you'd like to know that the judge requested Matt Cooper to defend Kyles and Cooper agreed.
- Are you sure of that? - Yes, sir.
Well, amen to that problem.
The usual tempest in the teapot, hmm? I'll see you at dinner.
Well, I must say I admire your courage, Matt.
Well, thank you, Mr.
Barkley, but, uh, I'm not really sticking my neck out.
You see, the judge promised to send a personal note to Mrs.
Ashby explaining the court's position in having to assign a lawyer when the defendant couldn't get one and my obligation to accept the assignment.
Still, you could have found an excuse to get out of it.
Well, since the judge protected my future I was glad to get the chance at the experience.
Well, I admire your honesty.
Good luck, Matt.
Mr.
Barkley.
Losing this case- - Do you think that can hurt my career? - Not if you do a good job.
What makes you think you're gonna lose it before you've even begun your preparation? Well, I talked to Kyles.
He's guilty.
You can see it in his eyes- he's a killer.
Well, I'm bushed.
You figure to work on that all night, do you? I want to get it fixed right.
- Sure you won't need any help? - Nah.
It's just about through, Nick.
I'm goin' on up to bed.
I'll see you in the mornin'.
Good night.
Good night.
You better hold it right there, boy.
I'djust as soon blast you down as look at you.
What do you want? We aim to help you learn your testifyin'.
I don't need any help.
Maybe you best just say you was mindin' your own business the night Ashby got hisselfkilled.
Yeah.
You couldn't see who it was anyways.
Could you? I could see.
Just don't you tie in Korby Kyles with no knife, no alley, no killin'.
- I caught Korby red-handed.
- You're wrong, mister.
Maybe dead wrong.
You don't want to get your family into trouble, do you? If it takes burnin' out that fancy house or if it needs killin'cows, it'll be done.
And that prissy sister of yours? She could easy end up on a boat to China.
And it's a long, long way back.
Bust him! Hit him again, Alan! You better listen now and get it right.
You testify the wrong way and we'll come back and put this brand so it'll mark you for life.
What happened? Who did this? One guess.
- Kyles? - It was them.
Me and the boys are gonna do a little visiting.
- Nick, you know better than to play vigilante! - In this case, I wish I didn't.
What'd they say? They threatened the whole family if I testify against Korby.
- I see.
- Jarrod, no one can stop me.
I know that, Heath, and I promise you they'll be punished.
And to think you were considering defending one of them.
Korby is not responsible for what his family does.
I'm taking the case.
- You can't! - No! - I thought Matt Cooper- - He was.
But what chance does a man have when his own lawyer is convinced he's guilty? I have no choice.
- George.
- Jarrod.
Can you tell me why one of our leading lawyers has taken it upon himself to go against the best interests of the town, his family and himself? Well, now, George, I'm happy to learn you're still talking to me.
After some of your recent editorials, I was beginning to wonder.
Or is it maybe now that you've gone over all the evidence firsthand you're gonna advise your client to plead guilty tomorrow? Maybe.
And maybe since I have gone over the evidence firsthand I've uncovered a few facts that even your newspaper didn't know about.
Here's to, uh, success, um- - In the harvest.
- Yeah.
- Audra, you look lovely.
- Thank you.
Well, now, Audra, I've been to the county seat and a good many other places but that's the first time I've ever seen a dress like that.
Sort of resembles that new filly, except you can see more brisket than fetlock.
I do believe it's one of those new horse blankets just came out this year.
You've heard about 'em, Mother.
Supposed to be good for circulation.
Oh, hush up, you farmers.
You wouldn't know a fancy dress from a sassafras patch.
Come on.
Let's have dinner.
Yeah.
Any word from Jarrod? - No, not a word.
- Wonder where he is.
Excuse me, Mr.
Nick, but Mr.
Luke told me to tell you the time has come.
Uh-oh.
Cedar Bun's come in foal.
Excuse me.
- You're gonna hold her hoof, Nick? - Something like that.
- Well, I'll bring you a roast beef sandwich.
- Thanks, Heath.
- Nick.
- Jarrod.
- Sorry I'm late.
- Jarrod.
Audra.
- Heath.
- Jarrod.
Well, I take it it's true.
Mrs.
Ashby's backed down.
And I can't really blame her.
So I guess there'll be no new orphan's home until we find a new piece ofland.
Audra, I guarantee you'll have it.
Oh, it isn't just the land or even the money.
It'll take another year to reorganize and that's another year out of those children's lives.
Honey, it won't be that long.
I'll help that committee speed things up every way I can.
And until then, believe me- I'm sorry.
Jarrod, maybe it isn't your fault.
Maybe it's just the times that we live in that- that allow children to suffer so much.
Well, whatever it is, I hate it! - Audra.
- Jarrod.
Needless to say, I'll be glad when this trial is over.
You think you got a chance, Jarrod? A good one, based on what I've got.
Only I've heard that Greene has a surprise witness.
That worries me.
And I don't? Heath, you understand that when a lawyer takes a job he does it any way he can, no holds barred.
So that means, if you can, you're gonna turn me upside down and inside out.
- That's what it means.
- I'll be ready for you.
Your Honor, I intend to prove, beyond a shadow of a doubt that Colonel Ashby could only have received the fatal wound at the hands of the defendant.
Now, Mr.
Kyles, when questioned by Mr.
Barkley you stated that this here knife is your personal property.
Yeah, that's my knife.
I made that knife myself.
And this knife belongs to you too, doesn't it? I told you that that's the knife I pulled out of Colonel Ashby's stomach before I chased the Chinaman that stabbed him.
In your testimony, Mr.
Kyles, you said you, uh- you wouldn't own a knife like this.
Now, uh, why should we believe you? Uh, can I show you somethin'? Order.
! Order.
! Order in this courtroom.
! Now, do you think I'd own an off-breed toad-sticker like that thing there? I want no more such demonstration in this courtroom, Mr.
Kyles.
Satisfy yourself with answering the questions.
Well, yes, sir, Judge.
I'll answer 'em.
That'll be all, Mr.
Kyles.
Witness dismissed.
Now call your next witness, Mr.
Barkley.
Your Honor, I'd like to call Mr.
Asa Harmon to the stand, please.
Mr.
Harmon, would you state your occupation, please? I'm a special detective employed by Senator Harrison's investigating committee.
How long have you been so involved? Just a little over six months.
What is the purpose of your investigation? Legislative restrictions on the importation and sale of harmful drugs.
All right, Mr.
Harmon.
Would you tell us, please, what you know of the connection between Colonel Ashby and Korby Kyles? Kyles worked for Colonel Ashby.
That can't be true.
! Colonel Ashby was a member of a ring distributing opium to tongs here and in San Francisco.
Order in this court.
! Continue, Mr.
Barkley.
Mr.
Harmon, are you saying that Colonel Ashby a man of spotless reputation was involved in the narcotics traffic? Well, he was more than just involved.
Colonel Ashby was one of the prime movers.
According to your information, how long was he involved in this trade? Objection! You will not make murder any less repugnant by maligning and slandering the good name of the victim who's not here to defend himself.
Your Honor, I'm merely trying to establish the victim's true occupation to show that there might be others with stronger motives to have committed this crime.
I deeply regret bringing out this sordid background.
However, I am sworn to defend my client by all possible means.
Objection overruled.
Please answer the question, Mr.
Harmon.
How long was he so involved? We have records showing that Colonel Ashby has been involved in the narcotics trade for over a period of 20 years.
Then it is credible that he may have made an arrangement to meet somebody else possibly a member of the tong in the alley that night? Yes, sir.
I would say so.
Now, Mr.
Harmon, would you tell us, please what you've been able to find out about the narcotics traffic and how it operates? Yes, sir.
The stuff is imported into this country, diluted, repackaged and then distributed to various cities and communities.
The original investment pays off at about 1,000% profit.
The addict becomes a virtual slave to his supplier.
Congress is presently working on legislation which will make the public sale of harmful drugs illegal.
You tell 'em, feller! You tell 'em! Order! Thank you, sir.
No further questions.
Do you wish to cross-examine, Mr.
Greene? Thank you, Your Honor.
Not at this time.
That'll be all, Mr.
Harmon.
Thank you.
You're dismissed.
Are you ready to call your next witness, Mr.
Barkley? I am, Your Honor.
I would like to recall Mr.
Heath Barkley to the stand.
The court recalls Mr.
Heath Barkley to the witness stand.
Mr.
Barkley, you're aware that having been sworn in before you're still under oath to tell the truth? - Yes, sir.
- Be seated.
Mr.
Barkley, according to your testimony earlier in this trial you stated that the quarrel you heard from the alley sounded like such a critical matter that you felt you should interfere.
That's correct.
You further stated that upon entering the alley you saw two men fighting in the shadows and that when you came close one man ran away, and the other slumped and fell from a knife wound in the abdomen.
- Is that correct? - That's right.
Can you tell me the location of the nearest streetlamp to that alley? Streetlamp? No.
According to my measurements, it's 87 feet away.
Over 30 feet from the entrance to that alley.
Now, from that distance, that lamp couldn't shed enough light in that alley for a man to see his hand one foot in front of his face and yet you state that you clearly saw Korby Kyles.
He was in the shadows, but I know it was him.
- Even in the shadows? - That's what I said.
Now, Mr.
Barkley, would you please tell us again everything that happened up to the time just before you entered the alley? I was walking along and the headlight from the San Francisco Limited passed over me.
I heard a man yell, and I ran into the alley to see what it was all about.
Even though it was dark, I could see in the shadows clearly enough to know that it was Korby Kyles who ran and Colonel Ashby who had been stabbed.
- You're sure? - I am.
Sure enough to put a noose around the defendant's neck? - Yes.
I got no reason to lie.
- I'm not suggesting you're lying.
Merely that you're mistaken when you state that you clearly saw Korby Kyles running away.
I say you're dead wrong.
I intend to prove you're mistaken by showing you the shadows you saw were purely imaginary.
- They weren't imaginary! - Now, you're out of order, Mr.
Barkley.
Now, if you speak out again, I'll order you out of this courtroom.
Continue.
Can you tell me what kind of a moon there was that night? No, I- I don't recall what kind of moon there was.
Very likely.
Your Honor, I hold here in my hand a newspaper, which I'll submit later in evidence which clearly states that there was no moon that night.
And if there was no moon, there was no light.
And if there was no light, there were no shadows.
You would have had to recognize Korby Kyles in what virtually amounts to total darkness.
Now I submit to you that this is what really happened- From the sounds you heard in the alley it was clear to you that somebody had stabbed Colonel Ashby and run away.
Now, you chased after that man in the total darkness, and you stumbled on Korby Kyles.
And putting his reputation together with what had happened in the alley you assumed that it was Korby who had done the stabbing.
Now, having assumed that much, your imagination took you one step further.
It led you to believe that you saw more in that dark alley than it was humanly possible to see.
Now, I'm going to ask you one more time.
Are you absolutely sure it was Korby Kyles you saw and that it could not have been somebody else? No.
I guess I'm not sure after all.
That will be all.
Any further questions, Mr.
Greene? None, Your Honor.
I guess they're gonna have to let me go, right? Your chances look pretty good.
Your Honor I, uh, would like to call one more witness at this time.
Mr.
Henry Bingham.
Mr.
Bingham, you're a train engineer on the northern division.
- Is that right? - Yes, sir.
Now, where were you this month on the night of the 15th at 11:30 p.
m.
? I was just heading Number Nine out for San Francisco.
I was a couple of minutes late.
- Did you know Colonel Ashby? - I'd seen him up and down the line for years.
Now, Mr.
Bingham, would you please tell the court, in your own words exactly what you saw that night as your train left the station? Yes, sir.
I'd just cleared the last switch and was watching ahead.
And straight into the light of my engine I seen these two men fighting in the alley.
Well, how long did the light from your engine shine on the fight? Couldn't say for certain but it was long enough to see 'em both clear.
Go on, Mr.
Bingham.
Tell us, uh-Who did you see? The one that was well-dressed I recognized right off as Colonel Ashby.
The other one I recognized at the same time.
What was the other man wearin'? Farmhand dress is the best I can tell you.
Well, now, Mr.
Bingham, I can readily understand how you might have recognized Colonel Ashby right off but, uh, how can you be so sure of this other man? I saw his face real clear, and I'd know his face from any other in a second.
Oh.
Well, now, why is that? I'd seen him many times hanging around the station when I was changin'trains.
Never knew his name, but I'd never forget his face.
Mr.
Bingham, why has it taken you so long to come back here to testify? When I read about Heath Barkley catchin' him red-handed why, I figured it was cut and dried without my havin'to come down here to say my piece.
Then I read about the trial goin'on, and I sent the telegram.
Can't you make him shut up? Can't you make him shut up? Uh, Mr.
Bingham about the man you saw that night fighting with Colonel Ashby in the alley- Is he, uh, here in the courtroom? He is.
Would you, uh, point him out, please? I'll kill him.
I swear to you, I'm gonna kill him! That's him! The man you call Korby Kyles.
He didn't do it! What do you mean? Uh, you couldn't have seen me.
I mean, nobody could've seen me do it! No! Nobody could've seen me do it! All right.
I'd like to propose a little toast.
Here's to big brother who, it seems, is capable of making one of the biggest mistakes possible.
Audra, do you know what mistake he's talking about? No, I don't.
Maybe you know, Nick.
Beats me.
Mother, do you know what mistakeJarrod's talking about? I haven't the faintest idea.
- Jarrod, how about dinner? - Dinner? Well, it's almost 10:00.
You mean you haven't eaten yet? The family is not about to have dinner tonight without you.