EXT. IN FRONT OF CABIN
Todd rides up and swings down beside Sis.
TODD
What in the devil's the matter?
SIS
The rebels arrested Pap when he
hit town this morning! Willun Hackett says the militia's
out rounding up ever Union man in the county!
TODD
Great Godamighty!
Todd and Sis rush to Ma, who stands clutching her apron in both fists before her and gazing at them, troubled but
determined. As Todd puts one arm around her waist and Sis takes her hand, she lays her head on Todd's shoulder.
MA
Them rebels're hellhounds! No telling what they'll do to Pap.
TODD
I better go see about him, Ma. Right now.
SIS
No! Supposing they nab you too! What'll become of the rest of us?
MA
(picking up Scooter and hugging him close)
You go ahead, son. Pap needs you.
Todd kisses her cheek, hurries to Comanche, mounts and rides away.
EXT. MILCOURT, MAIN STREET AT CITY LIMIT - DAY
At the E. Limit of the town runs a SMALL CREEK, on the E. Bank of which stands a GIANT ELM, near a low-water crossing. Todd splashes across the stream past the tree as he rides into town and heads W. on Main Street.
EXT. MILCOURT, SQUARE
The TOWN, to repeat, has only two buildings with second floors: the COURTHOUSE in the center of the square and the DAYTON BUILDING across the street E., in which the vacant upper story has been turned into a makeshift prison. The rest of the town is log cabins and a few single-story frame houses, mostly unpainted.
At the SQUARE Todd dismounts and looks in dismay at the uneasy, milling CROWD of men and a few women and children. HORSES, WAGONS AND BUGGIES add to the packed throng.
MILITIAMEN, many of whom look shame-faced, form a
ring around the courthouse and a line in front of the Dayton Building.
EXT. SQUARE
As Todd dismounts and leads COMANCHE to a hitching rail, he
spots COLONEL JAMES TICKNOR giving orders to soldiers, obviously in overall command.
TODD
(muttering near Comanche's
ear)
Old Jim Ticknor! A double-dyed
rebel if one ever was!
He sees COLONEL JOHN OLDHAM coming out of the courthouse and walking away across the square. Todd winds through the crowd in Oldham's direction, calling out.
TODD (CONT'D)
Colonel Oldham! Sir! Wait!
A MILITIAMAN behind Todd yells "Hey, you!" and two more step up to bar his way. He veers around them, but is slowed by the thick press of people. Before he can get within real hailing distance, Colonel Oldham has mounted and is riding away. For a moment Todd is stymied, then sighting someone he is clearly angry to see, he whirls and strides toward him.
EXT. SQUARE
Todd approaches HARVEY WHITMAN, a bulky but not very imposing man. He holds a rifle with stock planted on the ground. Seeing Todd approach, he looks sheepish, even frightened.
TODD (CONT'D)
Harvey, what in the hell's going on
here? Why's Pap in jail?
WHITMAN
(looking around furtively)
We got orders not to talk about this, Todd. Go see Colonel Ticknor. Or else Captain Dexter over yonder.
Whitman points toward the courthouse. On a thick sandstone rock serving as a front step stands HARLEY DEXTER, a hawk-faced, rangy man, gripping his rifle in the stance of the Minute Man, exuding a sense of his own importance.
TODD
Captain! Harley Dexter wouldn't
make a wart on a captain's ass!
EXT. SQUARE
Todd strides away infuriated, then slows, eyeing Dexter. On impulse he works his way through the crowd till he stands beside Dexter, who has not yet noticed him.
TODD (CONT'D)
Harley Dexter, why y'all got
Pap locked up?
Dexter jerks his head around and looks down at Todd.
DEXTER
What're you doing here? You better
scat home before you get hurt.
TODD
Come on! What's this all about?
TWO MILITIAMEN step up behind Todd and have his arms pinned before he is aware of their presence.
You're about to land in big
trouble, boy.
(to the militiamen}
Get him out'a here!
TODD
You'll think boy, by God, if any
harm comes to Pap!
A MILITIAMEN
(twisting Todd's arm)
Shut up and come on!
The two men pull him along, one on each side, and shove him out into the crowd.
EXT. SQUARE
Todd staggers against a woman holding her four-year-old daughter by the hand and falls in the dust. The child whimpers. The woman helps Todd get up and brush off his clothes.
TODD
Oh, it's you, Hannah.
HANNAH SMITH is a buxom young country woman with a kind and cheerful face. The child is a miniature of her mother.
Looking down at the child, Todd softens instantly, strokes her head. She smiles up at him eagerly through tears.
TODD (CONT'D)
Well, if it ain't Cindy!
(then, suddenly anxious
again, to Hannah)
What in the world's going on,
Hannah? I can't find out nothing!
HANNAH
Well, they say a spy got in among
the Union men and heard 'em planning to raid the arms depot and go out on a killing spree, women and children and all.
TODD
Why tarnation, ma'm! Whoever heard the like? My father murder women and children!
HANNAH
I know! Who'd believe that about any of them men? Why, two of 'em're my close neighbors, and they've give me no end'a help since my husband got killed in that
Shiloh battle.
Suddenly sorrowful and gazing at Hannah intently, Todd cups her elbow in his hand and is about to speak. But then his attention is caught by a momentous sight across the square.
TODD
'Scuse me, Hannah. I see Pap over
yonder!
EXT. SQUARE
Todd picks his way through the crowd toward Pap, who with some other prisoners is walking between guards from the courthouse to the Dayton Building. Todd heads that way but on realizing the guards won't let him near Pap, he stands
and stares, watching the men disappear into the Dayton Building.
Fixed on the closed door of that building, his eyes fill with tears. He doubles both fists close to his sides. Then he looks around and speaks to a nearby militiaman.
TODD (CONT'D)
(in a hoarse whisper)
Why're they going in there?
MILITIAMAN
Oh, they're just being fed their
supper, that's all.
EXT. SQUARE - TWILIGHT
Todd is standing by Comanche at a hitching rail, eyes on the Dayton Building. A sob of relief catches his throat as he sees Pap emerge with the same group as before and cross to the courthouse and enter. One bystander near Todd, gazing up at the second floor of the courthouse, points and speaks to a man standing beside him.
BYSTANDER
They're holding a bunch of them in
that west room on the second floor.
Todd brightens. He glances significantly at Comanche, whose shoulder he strokes, then strolls away, stopping on the W. side of the courthouse to gaze up at three second-story windows. The roof of an attached buggy shed slants down from just below the windows. In the growing darkness Todd sees candles being lit behind the windows.
EXT. SQUARE - NIGHT
The darkness is not deep, for a full moon hangs low above the eastern horizon. Moon shadow is thick, however, on the W. side of th
e courthouse. Quickly Todd crosses the street and skins up a roof support post of the shed
For a moment he lies flat on the roof, waiting. Concluding he has not been seen, he creeps across to the center window and peers in. We see the dim figures of numerous men crowded into the dark space. Candles flicker. Pap is sitting directly across from the window. His bearded face, his whole dark-clothed body, look larger than life.
Two militiamen guard the door. Todd finds a rag wadded in the broken corner of a windowpane, works it loose and pulls it out. A man Todd knows is sitting on a stool near the window. Todd flattens his palm against the glass. The man sees, scoots his stool closer to the window.
TODD
(in a low voice)
Go get Pap. Mr Nathaniel Blair.
The man by the window nods, rises, makes his way over slowly, crouches and murmurs in Pap's ear. After a moment Pap rises, comes over and sits on the stool, resting an elbow on the sill. He and Todd are able to converse through the broken pane under other noises in the room.
TODD (CONT'D)
Why don't y'all make a break for it? They ain't but two guards.
Pap shakes his head emphatically.
TODD
Shore nuff! Why don't you? Or I'll
ride home and get the guns and
we'll give these coots a run for
their money.
PAP
(sternly)
No. And you keep a cool head, son.
Things're gonna be all right. Colonel Oldham spoke to us a while ago. We told him we hadn't done nothing only talk. So he thinks we'll come clear. They've done set up a citizen's court, with a
jury and all.
Todd gasps at the last words. Savvy in the ways of the frontier, he knows the mock official names vigilante committees can give themselves.
PAP (CONT'D)
That sounds bad, maybe, but we'll
have lawyers, just like in a reg'lar court. And if it comes to a hard rub, Colonel Oldham'll step in. He's got a big say among the slavery men. And he can put a quietus to scalawags like Harley Dexter too,
Todd still has doubts but only shakes his head.
TODD
But listen here, Pap! They must be
sump'm I can do!
PAP
I want you to climb down from there
right now! Somebody's liable to see
you and take a shot at you. And I want you to go home and tell Ma and the kids everthing's gonna work out for the best. Believe me it is.
TODD
(suppressing a sob)
All right, Pap. If you say so.
PAP
And be quick about it. Please!
Todd begins to crawl away, then changes his mind, creeps back to the window. Pap is still there, on tenterhooks for Todd's safety.
TODD
Pap, tell me just one thing. Who
was it laid hands on you?
Pap hesitates.
TODD (CONT'D)
It was Harley Dexter, wasn't it?
PAP
Well, it was, yes. But now listen...
TODD
That gimlet-eyed sonofabitch'll pay
For this!
PAP
No! Don't you run onto him. And for
God's sake, get off'a that roof....
Oh, and lead Old Prince home, will you.
Todd crawls away, barely able to keep his emotions under control.
EXT. SQUARE
Todd leads Comanche toward another hitching post, where he unties Old Prince and turns to mount Comanche. Just then
WILL JUDD, a boy about Todd's age wearing an oversize militia uniform, accosts him.
WILL JUDD
Hey! You can't take that horse. It belongs to a prisoner. It's been seized.
Todd whirls to confront him.
TODD
Seized in a pig's ass! This is my horse. The militia ain't turned horse thieves to boot, have they?
Will Judd looks offended but also ashamed. After a tense moment, he turns on his heel and walks away. Todd mounts, and leading Old Prince, skirts the square. He sees Harley Dexter and heads toward him. MATT SCANLON stands near Dexter: a burly man as rough and mean-looking as any on the frontier. Passing close to them, Todd leans down next to Dexter and growls:
TODD (CONT'D)
Be seeing you, Captain Dexter.
Dexter whirls. Todd's mocking grin as he rides away is too much for him. He is slowly raising his rifle when COLONEL JAMES TICKNOR, standing near, speaks sharply. He is a wiry,
assertive man with a hard-set face and eyes that flame in rage at any provocation.
COLONEL TICKNOR
Captain Dexter! Take your men over
yonder and relieve the courthouse guard.
Dexter glares murder at his superior but sullenly turns and snarls his men to attention.
EXT.GLADE AROUND THE BLAIR CABIN - NIGHT
Todd comes riding in on the primitive road that leads to Milcourt. Two dim figures rise from chairs under the post oak in the front yard and come to meet him: Ma and Sis. He dismounts. Sis is about to break out talking but Ma shakes her by the elbow to silence her.
MA
You must be starving, son. I've
got a bite waiting for you.
TODD
I reckon I'll unsaddle first.
Montecristo and Jenk burst out through the cabin door.
MONTECRISTO
Let us unsaddle him. Will you, Todd? Please!
TODD
All right. But y'all be careful now. Water him and give him a bucket of oats.
The boys gleefully lead Comanche away. Ma and Sis enter the cabin, Todd following.
INT. BLAIR CABIN
At a rough board table with a candle at each end, Todd is seated on a bench, drained and dejected yet putting on a brave front. Sis sits in a chair across the table, her eyes on him fierce with love and curiosity.
Ma comes from the fireplace with a plate--beans, a chunk of cornbread, a slice of raw onion; in the other hand a glass of buttermilk. She sets the food before Todd. He looks at it but cannot begin to eat.
Ma sits down in a chair beside Sis. A few seconds of further silence--while Todd picks up a fork, then lets it sink to rest on the rim of his plate--is all Sis can take.
SIS
Well come on! Tell us about Pap!
TODD
(deliberately calm)
Him and a bunch more Union men're
locked up in the courthouse and
the Dayton Building. The charge is
they meant to take over the county,
killing anybody that stood in their way.
(pausing for a moment,
then continuing)
They've got up a kind of a court to try 'em
MA
Who has? Who got up a court?
TODD
The citizens, so-called, agged on
by such as Harley Dexter. They made
Colonel Oldham the chairman. He
appointed a committee, then the
committee picked a so-called jury
In plain English, it's a mob putting on to be legal.
MA
I'm surprised at Colonel Oldham. He's always been thought of as a fair man. Dexter and his bunch ain't nothing but trash. And he's hated Pap ever since we filed on this piece of land ahead of him.
TODD
Colonel Ticknor's ramrodding the military.
MA
A Southern gentleman! Whip a slave to death or hang a poor farmer at the bat of an eye!
SIS
But how can they do that? Just accuse people of any old thing and try 'em however they please? Who says Union men aimed to go out and kill everbody? Just who, I want'a know!
TODD
The rumor's going around that a spy worked in among the Union men, then run to Ticknor saying that killing was their game.
MA
Pap said at the meetings in the woods some hollered for raiding the
arms depot and starting their own rebellion. But he was dead set against it, and he and some
others with good sense talked the bug-eyes out of it.
SIS
Go on, Todd! Go on! Did you see Pap? Did you talk to him?
TODD
I had a few words with him, is all.
MA
What does he think about this?
TODD
He told me when Colonel Oldham found out all the Union men've done is talk, he said he doubted they'd face any serious charges.
MA
And naturally Pap fell right in with that. He's too trusting. Always has been.
Todd is now eating slowly. Montecristo and Jenk come in, and subdued by the tension in the room, creep over and sit on the floor in a corner. Sis rises and begins pacing, pressing her temples off and on.
Todd stands up and goes to her, leads her back to her chair and grasping her by the shoulders, gently seats her in it. Then he goes back to his meal.
MA (CONT'D)
This situation looks terrible to me. Don't it to you, Todd?
Todd frowns, looks at her closely. Realizing that the care of the family has now devolved on him, he attempts to be grave.
TODD
It sure does. And I tell you what. First thing in the morning I'm going to see Colonel Oldham. He went home tonight. Maybe I can
catch him there. I want'a hear from his own lips where he stands, and if he really can help us.