by Elmer Kelton
MA
Oh, he can... If he will.
TODD
Yes... If he will.
EXT. RED RIVER BRAKES - MID-DAY
Todd on Comanche picks his way through a thicket, wary, stopping often to look around. He comes out into the open and draws rein to sit and gaze in admiration at the Oldham mansion, which he has never seen before. After a short
pause he rides on toward it.
EXT. OLDHAM MANSION
As Todd comes near, two savage dogs bound out, barking, snarling and circling Comanche, but keeping out of range of his hooves.
TODD (CONT'D)
(to the dogs)
You better stay back! He can send
you to dog hell with one swipe of a hoof.
LIEUTENANT BILL OLDHAM, the colonel's son, in Confederate uniform, comes down the steps and halts. He has an arrogant face and a swaggering manner. He holds a pistol at his waist, leveled at Todd.
BILL OLDHAM
Stop and state your business!
Todd pulls up and sits eyeing him. Colonel Oldham comes out the front door, stops at the head of the steps and steadies himself on a bannister. The dogs wait, watchful.
COLONEL OLDHAM
Hold back, Bill.
TODD
(to the colonel)
I'm Todd Blair, sir. Nathaniel Blair's boy.
Bill Oldham casts a smirking glance up at his father, without lowering the pistol. Colonel Oldham is at a loss for a moment before his sense of courtesy asserts itself.
COLONEL OLDHAM
Get down and come in, Todd. You're
welcome.
(to Bill)
Call off those dogs! And put that gun away!
Bill obeys, but abruptly walks away, ignoring Todd, who dismounts as CABUS enters the frame: a grizzled slave well along in years but hale and hearty. He takes the reins from Todd, surveying him with a slight, mocking smile.
TODD
(handing the reins to Cabus)
Okay, Comanche.
Colonel Oldham and Cabus look curiously at Todd, hearing a horse addressed thus. Todd mounts to the top of the stairs. Colonel Oldham holds out his hand, and Todd takes it.
The eyes under the colonel's bushy brows are kindly enough but suggest that any great disagreement with him is nonsense he won't stand for. Yet his hand trembles, and he cannot hide it that age and illness have made inroads. Todd frowns, troubled by the colonel's condition. He ushers Todd into the parlor.
INT. OLDHAM PARLOR
COLONEL OLDHAM
You're just in time for dinner, sir. Lizzie! We've got company.
LIZZIE OLDHAM, a motherly, bustling woman much younger than the colonel, comes energetically into the room.
COLONEL OLDHAM (CONT'D)
This is Todd Blair, my dear.
Lizzie Oldham's eyes and manner show how appealing she finds this handsome young man. She takes his hand, smiling.
LIZZIE OLDHAM
I'd know you for a Blair anywhere.
You have the family eyes.
Todd looks away, embarrassed and shy, surprised that she knows anything about his family.
LIZZIE OLDHAM (CONT'D)
Come in and join us, Todd. We were just ready to sit down to dinner.
TODD
Yes m'am. Thank you kindly.
Todd looks around, then lays his hat on a lacy sofa pillow. They move toward the dining room, Mrs Oldham first, with the colonel insisting that Todd precede him.
INT. OLDHAM DINING ROOM
The room is the picture of elegance, intimidating to country boy Todd. Throughout this scene he tries manfully but with no great success to put on genteel table manners. The colonel shows him to a chair, then he and his wife sit down. At this moment Bill Oldham stalks in and takes his accustomed place.
COLONEL OLDHAM
(to Bill, reproachfully)
Bill, Todd is our guest.
BILL OLDHAM
(with an imperious nod)
How do you do.
TODD
(half-bowing from his
chair)
Sir.
Both parents look embarrassed by their son's rudeness. All of a sudden, THREE TEEN-AGE GIRLS in shirt waists and sweeping skirts enter the room, in high spirits. MILLIE AND CONNIE OLDHAM are pretty, but JENNY TICKNOR is beautiful.
Her long brown hair gives off a sheen of light when her head
moves. Her cheeks are the color of wild plums turned rich ripe. Her hazel eyes rest unabashedly on Todd, all but paralyzing him. [Suggested Music: "LORENA,"as a theme for Jenny throughout].
COLONEL OLDHAM
(heartily)
Ladies, this is Todd Blair. Sir, our daughters Millie and Connie. And our neighbor, Jenny Ticknor.
Todd stands up and bows, awkwardly, The girls coyly murmur their acknowledgments, with arch looks and beaming smiles.
Todd cannot repress a troubled frown when he hears Jenny's last name, assuming that she is Colonel Ticknor's daughter.
Noticing his frown, though unaware of the cause, Jenny blushes deeply. Two slave women begin to serve, but the atmosphere is tense, from Todd's uneasiness and Bill Oldham's arrogance. Determined to relieve the stress, the colonel hits on a topic he feels is safe.
COLONEL OLDHAM (CONT'D)
By the way, Todd, that pony of yours. I've heard about him. I think everybody in the county has.
TODD
(brightening)
Purty near, I expect. I've raced him again so many.
COLONEL OLDHAM
And never lost yet. Is that right?
TODD
Yes sir, that's a fact.
COLONEL OLDHAM
Well, where in the dickens did
you get him?
TODD
A trader from the Territory might
near give him to me. Said he was a
captured Indian pony and not worth
a dime for nothing. Showed how much
he knowed about it. Comanche ain't
only fast, he's might near smart
enough to talk.
COLONEL OLDHAM
(LAUGHING HEARTILY)
Mainly to you, I expect.
Now more at ease, Todd exchanges shy glances with the girls, chiefly Jenny, his face and eyes glowing. Jenny returns every glance with a smile and heightened color in her cheeks. Bill Oldham occasionally darts a withering glance at Todd, and a jealous one at Jenny. She ignores him.
EXT. LOWER VERANDAH OF OLDHAM MANSION - EARLY AFTERNOON.
Todd and Colonel Oldham emerge from the front door and sit down in high-backed rockers facing outward. From here they have an easy view of most of the plantation, from the nearer
cotton fields with busy pickers on their R. across the front grounds toward the river and around on their L. to the barns, stables, corrals etc.
Colonel Oldham and Todd look around from time to time during the following talk, each aware in his own way that this scene is representative of what is at stake in the war.
COLONEL OLDHAM (CONT'D)
Well, my boy, what can I do for
you?
TODD
Uh...it's about Pap, sir. He...
he's not guilty of any crime.
COLONEL OLDHAM
Well, if not, what comes out in
his trial'll prove him innocent.
TODD
Begging your pardon, sir, but that...citizens' court, what's the need of it? The reg'lar fall term of district court begins right away. Why can't the men be tried there?
COLONEL OLDHAM
No sir! We discussed that. Too slow. The situation calls for prompt action. In wartime certain procedures are properly suspended. All the same, the court will observe every legality. Attorneys to defend the accused and so
on. And the jurymen are responsible
citizens. They'll render just verdicts.
Oldham's breath is now coming quickly. His hands quiver as he grips the chair arms in a vain attempt to cont
rol them.
TODD
Not to dispute your word, sir, but how can such a court be legal?
COLONEL OLDHAM
Like I say, wartime emergency. Suspension of habeas corpus, for one thing. You ever heard of habeas corpus?
TODD
No, sir.
COLONEL OLDHAM
You see there! My boy, you'd better leave interpretation of the law up to men who understand it?
Todd sits casting about for some reply.
COLONEL OLDHAM (CONT'D)
But I want you to know I admire the way you stand up for your daddy's rights. That's what this war's all about, rights! Southern rights!
Colonel Oldham stops, scowling, troubled by his own ambivalence. Todd does not know what to say. He nevertheless looks the colonel in the eye. Colonel Oldham's brows remain knit, and his gaze does not falter.
After a moment, both men look away. The colonel becomes occupied in surveying his domain. At this moment the three girls appear in the distance toward the river, dressed in fancy gowns and twirling parasols, like the most elegant ladies the South ever bred out for a stroll.
COLONEL OLDHAM (CONT'D)
(chuckling, indulgent)
Oh, those girls! I asked them not to try on their new dresses yet. But the minute my back was turned... Oh, they were eager for that ball Colonel Ticknor was planning, let me tell you! Good opportunity to meet young officers from Confederate units in the neighborhood.
Colonel Oldham becomes visibly aware that the scene before them widens more than ever the gap across which his world and Todd's cannot communicate. Both watch the girls fascinated and frustrated. Todd looks woebegone.
TODD
(rising after a brief pause)
I guess I better see what's going
on in town. The trials're supposed
to commence today.
COLONEL OLDHAM
Well under way by now, I'm sure.
But hold on. Bill came in from town
right before dinnertime. He can give us a full report. Hey, one of you niggers, Go tell Marse Bill to come out here.
Bill Oldham steps out through the door. A suspicious glare from Colonel Oldham makes it evident that Bill has been eavesdropping and expecting to join Todd and his father.
BILL OLDHAM
Yes, Pa. What is it?
COLONEL OLDHAM
We've not had a chance to talk
since you got home. How're the
trials going?
BILL OLDHAM
First session came off this morning. They sentenced the two Childs brothers to hang.
Todd catches his breath. Colonel Oldham is taken aback.
COLONEL OLDHAM
Well, what was it like? What
defense did their attorney offer?
BILL OLDHAM
They had no attorney. Out of the
three lawyers in Milcourt, two
refused to defend traitors. The
other one's a traitor himself. He
skipped town just ahead of the law.
COLONEL OLDHAM
On trial for their lives and no
defense counsel! Well...what did
they say in their own defense?
BILL OLDHAM
(shrugging)
Offered excuses. Admitted belonging
to that order. Purpose of the order
was treason and murder. Open-and-shut cases.
COLONEL OLDHAM
The jury actually convicted men on
such grounds?
BILL OLDHAM
Well, seven of the jury found the
charges convincing enough. They
decide by majority vote.
Todd is overwhelmed, eyes burning with indignation. The colonel grips his chair arms white-knuckled. His eyes bear
down on his son as if to pierce to the core of him. He can scarcely keep his voice steady.
COLONEL OLDHAM
(to Bill)
Would you mind stepping away? I'd
like a private word with Todd.
Bill Oldham leaves offended and as insolent as ever. Colonel Oldham slumps in his chair. His head trembles. He looks more like a sick old man than ever. Todd maintains a respectful silence, knowing how shocked the colonel is.
COLONEL OLDHAM (CONT'D)
We never considered we'd have
trouble finding attorneys for
the accused
TODD
If you turned this over to the
district court, the judge'd have
to appoint defense lawyers.
COLONEL OLDHAM
We can't do that! The case is too
urgent, I tell you!
TODD
(driven to boldness)
You mean Ticknor and his bunch won't let you do it.
COLONEL OLDHAM
I'll tell you this! We never authorized passing sentence by majority vote! I'll reconvene that committee! The Childs brothers must have a new trial!
He starts to stand up but sinks back exhausted. Todd rises
ready to help, but hesitant to offer too quickly. The colonel looks at him defensively.
COLONEL OLDHAM (CONT'D)
I'm all right. Just a little tired.
I...better not try to go to town
today. But I'll come tomorrow for
sure.
TODD
I'd be mighty grateful, sir.
COLONEL OLDHAM
You can depend on it, by George!
Todd is far from satisfied but knows he cannot insist. He reaches out for a farewell handshake. The colonel struggles to his feet and responds, but it is difficult for him to stand.
TODD
I'll be there tomorrow too.
COLONEL OLDHAM
Good!
(to Cabus, who is sauntering by)
Cabus! Go saddle Marse Todd's horse.
Cabus goes, but taking his own sweet time.
EXT. OLDHAM PLANTATION, CORRAL - AFTERNOON.
Todd enters the corral. Comanche walks over to him from a feed trough. Todd takes his saddle hanging over the top rail of the corral and begins to saddle up. Cabus at last appears. He stops and chuckles.
CABUS
What you want'a do's wait. The
kunnel say for me to saddle that
hoss.
TODD
I'm in a fair hurry. And I'm used
to taking care of myself. Ain't yet
discovered I need any slave to wait
on me.
CABUS
I 'speck not, coming out'a folks ain't got a dime to they name.
TODD
(mounting)
See if you can open that gate.
Cabus plods over and opens the gate. As he swings it back and Todd rides through, the girls appear nearby, still on their stroll. They and Todd notice each other at the same time. Todd reacts by touching his heels to Comanche's flanks, who takes off like a jack rabbit.
Todd half turns in the saddle, lifts his hat and swings it in an arc over his head. The girls wave their parasols. Jenny pulls out a lace handkerchief, waves it for a moment, then tosses it in the air. It settles gently to the ground. Cabus looks on scowling. He winces on seeing the flirtation with the handkerchief.
EXT. PRAIRIE RIDGE SOUTH OF THE RIVER - DAY
Todd rides slowly along. In the sky are motionless
ballooning clouds with sunlit edges. Todd looks up and comes to a sudden halt. Approaching him, at a distance, is another
rider. Todd waits. The other rider sees him too, waves. They advance to meet each other. We soon see the rider's face, troubled on recognizing Todd: AFTON THATCHER, a scrawny, beak-nosed individual--no man could look more like a scarecrow on a horse. The two stop facing one another, stirrups almost touching. Thatcher reaches out, Todd likewise, and they shake hands. The look on each face is ominous.
THATCHER
Hello, Todd. I...I uh reckon you
ain't heard.
&
nbsp; Todd tenses up, takes a deep breath.
THATCHER (CONT'D)
(continuing)
They hung Henry and Ephraim Childs
a while ago.
Todd grasps the saddle horn for support.
TODD
In the name of God! They only tried
'em this morning!
THATCHER
Why yes! Yes! That ain't no jury,
Todd! No jury to it! Just hang
whoever they take a notion to.
And on a majority vote, mind you!
TODD
I heard about that.
(continuing after a pause)
Who all's on that jury, anyhow?
THATCHER
The clerk tacked a list on the
courthouse door. I writ 'em down.
Here. If you can make out my pore
handwritin.
Afton takes a scrap of paper from his pocket and hands it to Todd, who studies it with burning eyes.
THATCHER (CONT'D)
I'd let you keep this list, Todd.
Only...
TODD
(handing him the paper)
I ain't about to forget a one of
their names. Now or ever...
(hesitates, then)
It figures, don't it. Seven of
them men are slave holders, I know
for a fact. They vote together,
and there's your majority.
THATCHER
Why shore! That's why this has gotta be put a stop to! Why! even as it is, Milcourt'll never be the same again. That tree... You think I can ever go near that tree again?
TODD
What tree?
THATCHER
Why, that big old elem on Pecan Creek.
That's what they hung 'em from!
They look at each other stupefied: neither knowing what to say about a well-known landmark turned all at once into a gallows.
