The Return of Frank James Page #7

the death of the watchman...

either directly or by using him

as a shield in making your escape.

Can't arrest you for

suggestin', but tain't so.

Tell me...

just where was the watchman,

Wilson, when he was hit?

Well, let me see. I think he-

Never mind what you think. Where was he?

Sorry. I can't talk without

thinkin', not bein' a lawyer.

[Spectators Laughing]

Your name is BreckenridgeJackson?

- Colonel BreckenridgeJackson, sir.

- Well, Colonel Jackson.

- Colonel BreckenridgeJackson, sir.

- Well, Colonel Jackson.

You say that you've known

FrankJames for many years.

- Are you doubtin' my word, sir?

- I merely asked you a question, sir.

I answered for my friend, the major...

and you, sir, were in

the room at the same time.

- Are you deef?

- My hearing is perfectly good.

Very well. Then I advise you, sir, to pay

attention to what's goin' on in this here courtroom.

[Spectators Laughing]

Please answer all questions put to

you, directly and without discussion.

- As a character witness- -

I shall do as you wish, sir.

There is no favor I can refuse the man who

led the courageous attack at Ball's Bluff.

- All right, all right, but let's get on.

- Very well, sir.

- What do you want to know, Yankee?

- [Laughter]

Now, Colonel-

When did you first meet FrankJames?

As a boy of 14 or 15,

when he first joined up.

- You mean when he joined Quantrill's guerrillas?

- Guerrillas?

- Did I hear you say guerrillas?

- I believe they're generally known as such.

Only to those who cravenly fled before them.

The finest cavalry in war, sir.

The flower of Southern horse.

- Why, at the battle ofThree

Oaks- - Come, come, come.

Let's get on with the trial.

Am I to tolerate insults to the South?

Well, I don't feel

insulted. The next question.

I did have a number of questions

to ask this witness, Your Honor...

but rather than refight

the entire rebellion-

Rebellion, did you say, sir?

If you are, by any chance...

referring to the late

unpleasantness between the States...

that, sir, was a war for

the Southern Confederacy.

That isn't what they

call it where I come from.

Well, that's what this court calls

it, and let the record so show.

- You may proceed.

- State rests.

- Yankee.

- [Laughter]

As to the robbery itself, I need say nothing.

FrankJames admits that with an unknown

accomplice, he broke into the express office...

cracked open the strongbox

and escaped with the contents.

May I assume that even my

learned opponent will agree...

that breaking into a place and

robbing it is a punishable offense.

- Go on, talk to the jury. They have to listen to you.

- [Laughter]

But FrankJames's crime

did not end with robbery.

There was murder as well-

foul, bloody murder...

murder that cries aloud for

justice against its perpetrator.

FrankJames killed the watchman, Wilson...

and you, as honest men...

will see that he pays for his

crime at the end of a rope.

- It's all my fault.

- I wouldn't feel that way about it if I was you.

After all, you only did

what you thought was right.

When I talked to Frank in Denver...

I was thinking only of an

innocent man condemned to death.

I didn't think that perhaps I

was sending Frank to his death.

- What business was it of mine?

- Now listen, Frank's not going to his death.

Ten years, I figure, maybe 15.

If I only hadn't persuaded him.

My dear, I'm afraid you're

overcalculatin' your powers of persuasion.

You figure it was your persuasion

that made him come in, don't you, huh?

Well, you're mistaken.

He'd have come in and when he

did, even if he'd never met you.

You're saying that to make feel better.

No, no, no. I'm not. I'm saying

it because it's the truth.

Frank would never have let Pinky die.

You see, I

- I know him better than you do.

[Clears Throat] Well, it's time

to be gettin' back to court.

Come along. You see, I think-

Frank had only one thought:

to avenge the cowardly

murder of his brotherJesse.

But to get on the track of the Fords

he needed money, and he had none.

- You boys know how rich you get workin' a rocky Ozark farm.

- [Laughing]

So, in desperation, and only as a

last resort, did Frank turn to robbery.

But let us see. [Clears Throat]

Did he rob a bank containing the

thrifty savings of the poor? No.

Did he rob an honest shopkeeper? No.

He took money from the railroad...

the railroad that had caused the

death of his mother and his brother.

The railroad that stole your lands and

drove you from your farms, the railroad-

- I object! - Your

objection is well-taken.

Now let me remind you, Major, again.

The St. Louis Midland is

not on trial in this court.

I'm sorry, Your Honor.

Now just try and forget what

I said about the railroad.

And there is no evidence whatsoever

that Wilson, the night watchman...

was killed by a bullet from a. 44.

There is more than a

reasonable doubt about it...

since even the autopsy

surgeon himself couldn't tell.

Now this is the weapon FrankJames

had when he surrendered...

and the weapon he has always carried.

I know 'cause I gave it to him myself

the day he went to join Quantrill.

You see the initials on it- F.J. -

and the date. Here. See here. Here.

- This is very irregular, Your Honor. The evidence is in.

- Let him proceed.

Your Honor.

This weapon of Frank's has a very interesting

history. Yes, sir, right from the start.

Its first bullets were fired at those dad

- blasted Kansas jayhawkers...

when they come a-raidin' here.

You remember that, don't you, Ira? [Chuckles]

Next, this weapon was used on the sneakin',

thievin' Yankees that burned Hickoryville.

Saved your barn and your horses, eh, Luke?

- What are we trying here, FrankJames or his gun?

- [Gavel Banging]

This is also the weapon that stampeded

the blasted blue-bellies at Three Oaks...

and cleared Clay County

forever of the pesky invaders.

Now tell them how many

innocent men that gun laid low.

There is no innocent blood on this weapon.

I'm proud of every bullet

fired from it. This weapon-

[Woman Screams]

[Spectators Laughing]

[Gavel Banging]

I- I'm sorry, Your Honor. I-

I didn't know it was loaded.

Perhaps your client didn't either

when he fired at the watchman.

And if the jury believe that any

witness has willfully sworn falsely...

to any material fact, thejury

is at liberty to discard...

and disregard the testimony of such witness.

And in determining the

credibility of any witness...

thejury may take into consideration

his or her moral character...

as disclosed by the evidence

developed at the trial.

And if on account ofhis or her moral

turpitude or other criminal acts...

if any, thejury regard him or

her as untrustworthy ofbelief...

they are at liberty to disregard and

reject the whole of such testimony...

although a part ofhis other testimony...

may be corroborated by

other evidence in the case.

- Fifth- - What's

he doing here?

Thejury is instructed

that by the statutes of-

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