“When you folks go prospecting, you sure know where to look,” Squint applauds as he and his buddies arrive and hijack the treasure. Leslie escapes on her horse. Squint lets her go, but decides to take the others’ horses. Leslie doubles back and follows the gang, while Heyes, Curry, Margaret and Prudence start walking.
The sheriff leads a posse searching for the escaped outlaws. Seeing Squint and his gang riding along with four extra horses he decides to follow them instead. When Treadwell’s horse goes lame, he drops back. Squint notices the posse, so he caches the loot. Unknown to Squint, Leslie is watching the whole thing. As soon as they’ve passed, she retrieves the money and rides off, but her horse stumbles and throws her.
Curry spots a railroad track, but it’s only a spur line. The idea of more walking doesn’t please any of them, but Heyes spots a handcar a little way off. Soon they are riding along at a good clip.
Leslie reaches the same track and gazes up at the water tower speculatively. She walks down the track and meets the handcar carrying her friends.
In Ellwood, when Prudence announces she has to hurry back to Mill Forks and fix Deputy Treadwell some supper, Leslie asks her if she’s sure she wants to marry an underpaid lawman. Prudence hopes someday Leslie will realize love is more gratifying than greed. As Heyes and Leslie move toward the train, Margaret pulls Curry aside. They share a tender farewell kiss.
Oscar Rosewood has been lurking, watching them. As the train departs, he jumps aboard.
On the platform, Heyes looks thoughtful. It’s out of character for Leslie to leave without the money.
As the train chuffs along, Leslie tells Margaret she doesn’t want to go back to Philadelphia. She likes the West and wants to stay. At the next stop, she alights and finds the liveryman with the horse and gear she requested by telegram. Mounting up, she returns to the water tower. She climbs up and pulls the sacks of money out of the tank. As she turns back to the ladder, she finds Heyes blocking her way down. Curry calls up a cheery hello from his position by the horses. She admits it’s nice to see them, but they’re not entitled to any more of her money.
Before they can re-open negotiations, the three of them are joined by the mysterious Oscar Rosewood. He explains he’s a US Treasury agent and the lost payroll has been an open case since the end of the war. He wants her to hand over the money; Heyes wants to talk about a reward. Rosewood opens the sacks and finds only clumps of sagebrush along with a note addressed to Leslie. Prudence and Deputy Treadwell have taken the money and plan to live out their September days where no one can find them. In a postscript, Prudence explains that Treadwell saw Leslie hide the money after he dropped out of the posse.
Rosewood takes the note as evidence. Leslie wants to go after Prudence, but Heyes and Curry aren’t interested. They decide to go to Denver instead, with Leslie inviting herself along. As she gets her horse, Heyes and Curry laugh and flip a coin for her.
GUEST CAST
JUDY CARNE — LESLIE O’HARA
VICTORIA THOMPSON — MARGARET CHAPMAN
MEG WYLLIE — PRUDENCE PALMER
LOGAN RAMSEY — OSCAR ROSEWOOD
TOM EWELL — DEPUTY IRA TREADWELL
MILLS WATSON — SQUINT SIMPSON
DICK CROCKETT — LEFTY GOOCH
WALT DAVIS — SHERIFF BREWSTER
JEROME COWAN — WALDO HENNESSY
CHUCK ROBERSON — STAGE DRIVER
C. ELLIOTT MONTGOMERY — JENSON
FRANK ARNO — PHIL LAUDERMILK
READ MORGAN — CONDUCTOR
This episode was one of two stories already in development which Roy Huggins kept when he took over as executive producer, making this one of the few first season scripts not rushed. The treatment was turned in on November 2, 1970, followed by the first draft script on November 20. It was discussed and further developed in two story conferences and rewritten four more times between then and the end of February 1971. While the storyline itself went through only modest changes, the most important thing accomplished during the rewrites was developing the characters of Heyes and Curry.
Although this episode became the tenth one aired, it was the subject of the first story conference after Huggins came on board, thus many of the tenets of the series were decided during the development of this story. When Lom Trevors gave Heyes and Curry the aliases Smith and Jones, he didn’t provide first names. They were still without first names in Howard Browne’s initial script. Huggins wanted to add plausibility to the series and noted that “we must do something about those names. Perhaps we can use Dudley Jones and Ambrose Smith.” [29] There followed a discussion about “Smith” and “Jones” and instead of Ambrose and Dudley the boys became Joshua and Thaddeus, names of the period that Huggins liked. Another change was made regarding the reward offered for the notorious pair. The first draft script opened with a close shot of Heyes and Curry’s Wanted poster — which included photos of the boys, albeit “hairy and unkempt,” and announced the reward of $500 for the pair. Huggins eliminated the photos and upped the reward to $10,000 a piece, a more fitting amount for the two most successful outlaws in the West.
Another first draft scene showed the boys considering keeping the $20,000 they’ve taken away from Squint’s gang. Curry suggests using the money to head to South America where they could live the good life. Heyes reminds him they’d never get an amnesty if they did that. Curry responds, “I been thinkin’ about that. Say we do keep outta trouble for a year and the Governor gives us amnesty. Whatta we do then? You see us workin’ for day wages on a ranch? Clerkin’ in a grocery store?” [30] Heyes is deep in thought and doesn’t answer right away. Curry decides he’s tired of running, so he’s willing to stay on the straight and narrow. Heyes, though, now thinks keeping the money would be a good idea. They could go to Paris, open up an American saloon and get rich. Finally they decide to return the money because there is sure to be a reward, and that way they will still get a substantial sum, yet be able to continue to seek amnesty. Huggins didn’t like this scene because it dealt with the ethical basis of the series in a way he found “unnerving.” He wanted their attempts to earn an amnesty to be a sincere effort, based on their inherent humanity. He first thought the scene would work if handled right, but at the second story conference he cut it out, saying, “the audience won’t be interested in two guys who are thieves, but who aren’t stealing just because it isn’t practical to do so.” [31]
When it comes to ethics, Huggins wasn’t overly resolute. He didn’t want Heyes and Curry to be incorrigible, but since they were outlaws he didn’t want them to be too noble, either. Another early scene that was ultimately abandoned concerned the letter. Heyes and Curry go after it because Leslie promised them $500. In Huggins’s opinion it would be natural for the boys to open the letter to see why it was worth so much to her.
Their temptation to open the letter and not opening it exposes a weakness in the story. There’s nothing illegal or even terribly immoral about opening that letter. Far more realistically than their thinking about keeping the twenty grand would be their thinking about opening the letter…What makes this letter worth five hundred dollars? [I] would not be offended if they opened it. [32]
Maintaining the balance putting Heyes and Curry in the realm of “pretty good bad guys” was very important in the early days of the series. This was an era where the audience still expected the protagonists to be the good guys, so the writers had to be careful to make sure they were good enough to be worth rooting for while remaining larcenous enough to make them interesting and believable as ex-outlaws. “The Root of It All” strikes that balance perfectly.
The 5th Victim
“You worry about stayin’ on your horse and I’ll worry about stayin’ on mine.”
Hannibal Heyes
STORY: JOHN THOMAS JAMES
TELEPLAY: GLEN A. LARSON
DIRECTOR: FERNANDO LAMAS
SHOOTING DATES: FEBRUARY 22, 23, 24, 25, 26, MARCH 1, 1971
ORIGINAL US AIR DATE: APRIL 1,
1971
ORIGINAL UK AIR DATE: MAY 31, 1971
Hannibal Heyes and Kid Curry gallop through beautiful country tracking a mountain lion. There’s no hurry, Heyes insists, the tracks they’re following are two days old. Curry disagrees, they’re “two hours fresh.” Heyes argues that he should know because he was the “champeen tracker in all southern Utah,” a fact Curry finds hard to believe. At that moment, the cat, smart enough to leave old tracks, leaps on Heyes from above and Curry shoots it.
The man for whom they’re tracking the cats is Jake Carlson. He invites them to sit in on a poker game with “their kind of people” — Judge Peters, Sheriff Moody, ranch foreman Harvey Bishop, Sam Winters, Augie Helms, and others. The game goes on for over twenty-four hours. When the deal comes around to Heyes again, he shuffles the deck and notices it’s one card short. Augie finds the missing card — the Ace of Hearts — under the table. The discovery puts a damper on the game.
The next day the boys ponder the puzzle of the missing card as they bring in another cat. They approach the Carlson ranch, hoping to settle up with Jake for their work and leave. Rachel Carlson, who is standing with Harvey, tells them the judge was shot and killed. The judge was well-loved and many townspeople turn out for his funeral.
Shortly after, Augie Helms is shot off his horse. At his funeral, Curry wonders about the shootings and about he and Heyes only knowing ten or so people in town, two of whom are now dead. Heyes wonders too, but is ready to have a drink and leave.
Sam Winters approaches the sheriff with his theory of the killings being related to the poker game. That night, while riding along with Heyes, Curry arrives at the same conclusion — both men were killed because they were in the same poker game. Heyes attempts to convince him that there are probably many other similarities in the men’s lives they are unaware of when a shot rings out and Heyes tumbles from his horse.
The doctor tends to Heyes, who lies unconscious in bed at the Carlson home. Rachel promises to care for him and Jake offers to pay for the doctor’s services.
Meanwhile, the sheriff ponders who the killer might be. Does it have something to do with the missing card? His deputy suggests a card sharp was in the game all along, but the sheriff points out that no one has won consistently. The only difference in the last game was the inclusion of Mr. Smith and Mr. Jones.
Curry has no patience to sit and watch Heyes. He heads out to where the shooting took place to look for clues.
Sam Winters notifies the sheriff he is leaving town until the killer is found. On the road, Sam is shot and killed. At his funeral, the sheriff, Jake and Rachel, Harvey and Curry, and only a few others gather to mourn. The sheriff is now convinced one of the men left from the game is the killer.
That evening, needing some cool water for Heyes, Rachel carries her bucket to the well. Harvey approaches her and asks about their future as a couple. She says she made it clear there is nothing to talk about. Harvey insists and grabs Rachel to kiss her. At that moment, Curry leaves the bunkhouse and spots them in what looks like a mutual embrace.
The next day, Curry intends to go out again to look for cats, but Jake suspects he’s setting himself up as the next target in order to catch the killer. As he’s riding along, Curry is indeed targeted and narrowly escapes a bullet by diving into the creek. He’s lost his gun and can only hide behind a rock as the killer searches for him. Fortunately, Curry gets a look at the face of — Harvey Bishop.
In dry clothes, he heads for the sheriff ’s office but the sheriff has been called out of town. While he’s waiting, Curry visits the saloon and introduces himself to Helen, a saloon girl who used to be Harvey Bishop’s girlfriend. He plies her with drinks and they end up in her room. Curry questions her about Harvey and Rachel Carlson. Did they have a love affair? Helen, who would like to stop talking and get on with lovemaking, confirms they did. Jones, she says, went through a lot of trouble to get a few questions answered. But, he replies, pulling her close, “it was no trouble at all.”
Curry returns to the sheriff’s office and plops himself down in the visitor’s chair. He knows Harvey is responsible for the killings. The sheriff tells Curry he has been out looking into another murder. Harvey Bishop is dead. He suspects Jones may be lying about Harvey because he killed him. Together they ride out to the Carlson place to talk to Heyes. Fortunately he soon regains consciousness, but things are still unclear to him. He asks Rachel where “the Kid” is. Confused, she wonders if he’s referring to Mr. Jones.
At the sheriff’s prompting, Heyes tells what he remembers of the night he was shot. The lawman particularly wants to know where Jones was — behind, beside or in front of him. Heyes thinks about it and decides that his partner was in front of him, effectively clearing Curry. When the sheriff and Jake leave, Heyes asks his partner where he really was. Smiling, Curry says, “Behind you.”
The next day, the doctor okays Smith for travel. While Jake escorts the doctor out, Curry studies Jake’s rifle. He asks Rachel to meet him somewhere privately so they can talk.
In a meadow far from the house, Curry offers his theory that the murders were connected to the poker game. They were all committed to cover up the murder of her husband Jake. Jake had heard the rumor that Rachel and Harvey were lovers and he figured out the murders were part of a plot to get rid of him. Rachel is angry and denies the rumors. Whether they were true or not, Jake believed them, enough to kill Harvey. Curry gives Rachel the benefit of the doubt but warns her that if he ever hears about something happening to Jake, he’ll be back to tell what he suspects.
Back at their home, Rachel questions her husband about the rumors. Jake reluctantly admits he knew about them, but he didn’t believe them until the killings started. Then that was the only explanation that made sense. When she asks if he killed Harvey, Jake doesn’t answer, but Rachel can see it in his eyes and she says she’ll leave him for not trusting her.
The sheriff and deputy approach the house, having come to the same conclusion as Curry. Jake escapes out the back, hoping Rachel will stall them so he can get away. She successfully puts them off but when Curry rides up, she implores him to go after Jake. She will stick by her husband after all. Curry can’t interfere in Jake’s problem with the law, he tells her, and Rachel knows why. When Heyes was delirious, he let slip their true identities. She threatens to tell the sheriff who they really are if Curry won’t go after Jake.
Curry worries Jake will shoot him in desperation. He tracks him over the course of a day and a night and gets close enough to call out Rachel’s pleas for his return. It takes a lot of convincing; Curry argues he’ll testify in Jake’s behalf that Harvey was going to kill him. Jake finally agrees to return.
Next day, Heyes carefully climbs on his horse to leave for the stage depot. Rachel promises never to tell anyone that he is Hannibal Heyes and Curry is the Kid. How did she know? “You got a big mouth when you got a bullet in your head,” Curry tells him.
GUEST CAST
JOSEPH CAMPANELLA — JAKE CARLSON
FREDERIC DOWNS — JUDGE PETERS
SHARON ACKER — RACHEL CARLSON
SEAN GARRISON — HARVEY BISHOP
RAMON BIERI — SHERIFF MOODY
BOYD RED MORGAN — AUGIE HELMS
WOODROW PARFREY — SAM WINTERS
LINDSAY WORKMAN — MINISTER
BILL QUINN — DOCTOR
DENNIS ROBERTSON — DEPUTY
BARBARA RHOADES — HELEN
GEORGE CHANDLER — BARTENDER
“The 5th Victim” claims a prestigious ancestor in Agatha Christie’s The A.B.C. Murders, in which one killing is concealed within a series of murders committed to look like the work of a homicidal maniac. The sheriff fills the role of red herring á la Christie. Is he left because he’s the murderer or because he needs to be the one to figure out who is?
Roy Huggins’s original storyline called for Kid Curry to be shot and to spend the remainder of the show recuperating in bed “and we kind of forget him.” [33] Heyes gets to f
igure out who is killing the poker players. In the first version of the story, Harvey was psychopathic; his aim was to murder Jake Carlson and win Rachel. Though she had said no to his advances, she didn’t have him fired; perhaps he thought she was just strait-laced and needed convincing, taking her compassion as flirtation. Rewrite notes indicate it was Harvey who spread the rumors that he and Rachel were lovers. Rachel hadn’t heard the rumors. [34] In the end, she does go as far as boarding the stagecoach to leave but changes her mind when she learns her husband turned himself in.
In this episode, the writers embellish the traits they had been developing for the two outlaws. Heyes’s fingers, so adept at manipulating the tumblers of safes, are sensitive enough to detect one missing card in the deck. That one card was initially written as the Ace of Spades but Huggins found that too much of a cliché and changed it to the Ace of Hearts. Familial trust between the partners is confirmed when the sheriff escorts Curry to Heyes’s bedside and Heyes corroborates that Curry was ahead of him when he was shot, despite the concussion which precludes any memory of exactly where Curry was at the time. Heyes claims to be a “champeen tracker,” but Curry’s tracking talent led them to the mountain lion and later to Jake.
Jake Carlson’s name in the original story was changed from Ben Carlson in what appears to be a deliberate attempt to reflect the Biblical couple Jacob and Rachel. In Genesis 29, the couple first meets at a well. It usually required many men to shove aside the heavy stone that covers it, but Jacob is so taken with Rachel’s beauty that he moves it by himself so her sheep can drink. Though wells were no doubt a significant part of nineteenth century life, no one in the series goes to draw water from a well but Rachel. Harvey’s surname’s transformation from the original Collins to Bishop also reflects an attempt to bring in a religious connotation.
Alias Smith & Jones: The Story of Two Pretty Good Bad Men Page 13
