The Return of Frank James Page #6

Uh, where's that young friend of yours?

Hidin' out, but I just can't remember where.

I see. All right, get along.

Frank?

[Telegraph Clicking]

[Clicking Continues]

[Clicking Continues]

Good morning, Miss Stone.

I-

[Chattering]

Oh, I'm sorry, miss, but this

table is reserved for reporters.

- But I am a reporter. I represent the Denver Star.

- Denver Star?

- Mr. Runyan.

- Thank you, sir. Ah, good luck.

This case?

Tain't too late, Frank, if

you want to get another lawyer.

I haven't practiced in nigh unto 20 years...

not since I took over the

Gazette, and I may be a mite rusty.

Ah, rusty or not, you can do as

much for me as any other lawyer...

and I reckon that ain't

hardly anything at all.

Maybe so, maybe so. But we ain't quittin'.

McCoy and that gosh-dinged

Yankee prosecutor of his...

will be breathin' mighty heavy

before I'm through with them.

- [Gavel Rapping]

- [Bailiff] Order in the court! Order in the court!

- [Gavel Rapping]

- Everybody stand.

Court is now in session. Hear ye-

That ain't the regular judge, is it?

No, that's Ferris. They

brought him on from St. Louis.

- Just to make

sure, eh? - Uh-huh.

...is now in session. Be seated.

- [Gavel Bangs]

Your Honor, the case on

the docket is number 4358.

State of Missouri v. FrankJames.

[Judge Ferris] You may proceed.

Not only did he rob the express office...

but we will prove beyond the

slightest peradventure of a doubt...

that the defendant, FrankJames...

in keeping with his long, murderous career-

I object! The defendant's not on trial in

this court for a long, murderous career...

any more than the prosecuting

attorney is charged...

with being in the pay of the

St. Louis Midland Railway.

- I resent the innuendo!

- Then stick to the charges in the indictment!

- I'm not asking you, sir,

what- - Gentlemen! Gentlemen!

Gentlemen!

Now, gentlemen, I propose to have this trial

conducted in a quiet and orderly manner.

The prosecutor will confine himself to

the matter contained in the true bill.

And you, sir, will

refrain from personalities.

Thejury will ignore the

exchange between counsel.

We are not concerned with crimes other

than those mentioned in the indictment.

And we certainly are not concerned...

with the railroad associations

of the prosecuting attorney.

I object, Your Honor. There

have been no associations.

I am not aware that I have said

there were. You may proceed.

The State will prove...

not only did the defendant

rob the express office...

but also that he shot down the

watchman, Wilson, in cold blood.

The State calls its first

witness, Sheriff Daniels.

[Bailiff] Sheriff Daniels.

You say FrankJames admitted

robbing the express office.

Yes, he did, and before witnesses.

I didn't ask you before whom.

You just answer my questions.

- That'll be enough of a strain on that giant intellect of yours.

- [Laughter]

- Did FrankJames also admit killing the watchman?

- No.

- He denied it.

- Yes.

He said Dan was killed by

a shot from the outside.

- How long you been sheriff?

- Two years.

Before that, what'd you do?

I object, Your Honor!

What possible bearing...

can the former occupation of

the witness have on this trial?

I see no objection to the

question. You may answer it.

- I was in charge of... special police.

- Who for?

- [Softly] St. Louis Midland Railway.

- Louder! And speak to the jury.

- St. Louis Midland Railway.

- That's all.

Your Honor, I must take exception

to this line of questioning.

My learned opponent, in his desperation...

is trying to make it appear

that the railroad company...

and not the state of Missouri

is prosecuting this defendant.

- The court is under no deception.

- Oh, of that I'm quite certain.

But that there be no doubt

in the minds of the jury...

I am about to produce five witnesses-

none of whom is connected

even remotely with the Midland-

who were present when FrankJames confessed.

Tain't necessary. We admit

FrankJames robbed the express office.

[Chattering]

- That's the case.

- Yep. Thought the major would talk about duress or something.

- Or at least make the State prove it.

- Why, certainly.

- What are you doing here?

- I had to come.

Anyhow, there ain't no sense in me

hidin' out. Nobody's worryin' about me.

- How's it goin' in there?

- Not so well.

Suppose it'd do Frank any good if I was

to tell them the robbery was my idea?

No. No, there's nothing

you or I or anybody can do.

We've just got to wait and hope.

Yeah? Well, we wouldn't be doin' no

hopin' or waitin' if it wasn't for you.

Why didn't you leave Frank alone?

What'd you have to keep after him for?

If you hadn't stuck your nose in it...

we'd have got Bob Ford

and nobody'd got Frank.

Now, on account of you,

they're gonna hang him.

Raise your right hand, place your left hand

on the Bible. Do you swear to tell the truth...

the whole truth and nothing

but the truth, so help you God?

- I do.

- Sit down.

- You're FrankJames?

- No doubt about that.

Why are you here?

- Why?

- Yeah. You weren't captured.

- You weren't brought in on a fugitive warrant.

- I come in.

In other words, you're here voluntarily, eh?

As far as the State's concerned,

you might still be at large.

I object. That is a conclusion!

Objection sustained.

The witness will not be asked

to speculate. You may proceed.

You came in voluntarily. Why?

Well, they was aimin' to swing

Pinky for somethin' he didn't do-

something he didn't even know

anything about- so I figured that-

So you figured you'd risk your own neck to

save the life of a poor, innocent old darky.

Your Honor, I must protest!

I must protest, Your Honor.

The witness isn't being asked to give

testimony. He's being led into argument.

The point is well-taken, but when

a man is on trial for his life...

the court is inclined to give

wide latitude to the defense.

Now take it easy, Major. You'll have

plenty of opportunity to make arguments.

- You needn't do it through the witness.

- I stand rebuked, Your Honor.

[Clears Throat] You did rob

the express office, didn't you?

- Reckon I did. - Mm-hmm.

What'd you do with the money?

- Used it huntin' the Fords.

- No other purpose?

No. It was McCoy money gotJesse

murdered, so I took McCoy money.

- Your Honor!

- Major, I want to be fair with you.

In fact, I've been leaning

over backwards to be fair, but-

It's all right, Your Honor. I'm finished

with the witness. McCoy can have him. I-I-

I mean- I mean, uh- I mean McCoy's

man. No, no, no, doggone it.

- I- I mean the prosecuting

attorney. - [Laughter]

- [Gavel Banging] - I'm- I'm sorry,

Your Honor, but my tongue got twisted.

- You say you didn't kill the watchman, Wilson.

- I had no reason.

- Do you always need a reason for killing?

- Don't you?

I'm not on trial. Your accomplice

could've shot Wilson, couldn't he?

- Yeah, could have.

- Ah.

But he didn't. Shot from

the outside got Wilson.

I suggest that you caused

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