Allegheny Uprising Page #7

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for authority. He was openly seditious.

l object. The defendant is on trial

for murder, not for treason.

lt is our intention to establish

a connection between the two.

He fired on His Majesty's troops,

destroyed army supplies,

interfered with the King's messengers,

released prisoners

held by us for court-martial.

The pack-train leader.

Ralph Callendar!

Raise your right hand.

Do you swear or affirm that the evidence

you shall give in the case now in hearing

shall be the truth, the whole truth and

nothing but the truth, so help you God?

l do.

Did you hear Tom Calhoon offer to turn

King's evidence against James Smith?

l did, sir.

When Tom Calhoon said he was going

to Philadelphia to swear to the Governor

about Jim Smith's treason,

Jim Smith shot him dead.

l tried to stop him but Jim fired that shot

so sudden and unexpected.

And he was Tom Calhoon's best friend.

Your witness.

Can you identify this, Mr. Callendar?

That there is the shirt that Tom Calhoon

was wearing when Jim Smith killed him.

There's the bullet hole.

Can you identify this?

That looks like the gun he shot him with.

Now, how far would you say

Jim Smith was standing

from Tom Calhoon,

when you say he shot him?

About four feet.

He just put the gun up against him

and shot him.

About that?

You're certain of all else you saw,

why aren't you certain of this?

That's how far it was, l'm certain.

May l have the Court's permission

to make an experiment?

An experiment?

l should have thought the facts were

sufficiently plain to speak for themselves.

Well, why try my client at all? Why

not just hang him and be done with it?

Oh, all right, proceed with the experiment.

All right, Janie.

ls that young person loading that weapon?

That young person is a dead shot.

There's no cause for alarm.

l shall be personally responsible

for any acts committed here.

Get on with it.

This is decidedly irregular and smelly.

How many more of these detonations

are we to endure?

Just one.

You will note the shot fired at 20 paces

carries a clean hole.

That fired at six inches

is deeply studded with powder burns.

You will also notice, gentlemen,

that the shirt Tom Calhoon wore

carries a clean hole

with no evidences of a burn.

Gentlemen, that shot was fired

by some other in the crowd,

someone else standing many paces away.

Order, order.

Will you permit a scoundrel to go free?

A scoundrel who leads treason

and sedition and defies England?

ls there to be a stench in this courtroom

that will linger for centuries?

l protest.

-The man is innocent of the crime.

-You are under arrest,

for revealing your decision

before a majority vote.

Captain Swanson.

Captain Holmes,

place Mr. Poole, Ralph Callendar

and the drivers under arrest

for breaking the King's proclamation

and transporting illegal trade-goods.

Captain Swanson,

you'll retire to your quarters.

-l'll talk to you there.

-Yes, sir.

l am a soldier, sir.

They could have been carrying

the murderer of my own father,

if they'd had a permit for it.

l would have defended him with my life.

There is such a thing

as understanding, Captain.

-Yes but...

-l know, l know.

We haven't taught soldiers

to soften themselves at understanding.

We'll probably suffer for it.

Well, l've ordered the release

of Jim Smith.

And l'm sorry, Captain Swanson,

but l must relieve you of your command.

You'll report to Philadelphia

and prepare to leave for England.

Yes, sir.

-Goodbye, Jim.

-Bye, Jim.

-Bye, Jim.

-Bye.

Sure you don't want to go, Mac?

Those Tennessee hills are big,

wild and away from the crowd.

There'll be you and me

and Professor and our surveyor friend.

Mac, are you thinking of leaving me?

This is your home, Jim.

You'll be back, l know.

Make it soon lad. We'll miss you.

Thank you, sir.

Well, Janie,

even the worst of enemies must part.

Don't forget us, Jim.

Don't ever forget us.

Not for one small minute.

-Now, lass.

-l'll do my own talking.

There's so much for a man to do

that there's no time for, well, other things.

But if there was time,

l mean, if l was inclined,

l mean...

lt wouldn't be any other woman.

Only you.

-Bye, boys.

-Bye, lad.

Janie, where are you going?

With my man.

You've the skirling blood of the...

lf she ain't a contrary female MacDougall!

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