MCKINNEY The Last Gunfighter a spec script by Ran Cartwright
2 FADE IN EXT. CENTRAL CALIFORNIA COUNTRYSIDE - DAY The sprawling land, then a rider on horseback, leading a second horse. The rider is 29 year old ALFRED HULSE, a gruff-looking saloon tough. The second horse has a saddle with a rifle holster. SUPER: “December 1894" BEGIN MONTAGE. A) A mounted Hulse leads the second horse at a slow cantor. B) A mounted Hulse leads the second horse along a dusty dirt road. C) A mounted Hulse leads the second horse carefully through a small rushing stream. D) A mounted Hulse leads the second horse at a moderate gallop. END MONTAGE. EXT. SAN QUENTIN PRISON - DAY The twin turreted castle-like towers of San Quentin prison gate with double wooden doors. INSERT - A STONE SIGN ABOVE GATE. The Sign reads: “San Quentin Prison” BACK TO THE SCENE. The doors open. 32 year old sandy haired and long moustached JIM MCKINNEY, flanked by two GUARDS, emerge. One of the Guards carries McKinney’s suitcase.
3 They stop; the Guard with the suitcase drops it at McKinney’s feet. McKinney picks it up, turns, and starts to walk away. GUARD #1 (o.s.) McKinney. McKinney pauses, half turns and looks back, his head cocked. GUARD #1 You go killin someone again, and you’ll find yerself right back inside. A pause - the Guards and McKinney stare at each other. A sly grin crawls across McKinney’s face as if he knows something the Guards don’t. He nods and continues on his way. EXT. CALIFORNIA COUNTRYSIDE - DAY McKinney, suitcase in hand, walks along railroad tracks. He stops, looks up at power lines paralleling the tracks, then continues on. EXT. CALIFORNIA COUNTRYSIDE - DAY McKinney, suitcase in hand, walks down a narrow dusty road. Hulse suddenly cuts across McKinney’s path and reins to a stop in the middle of the road. MCKINNEY Al Hulse. (shakes head) Well, I’ll be damned. What are you doin here? HULSE I didn think you’d wanna walk all the way back to Visalia. (raises reins) Brung ya a horse. McKinney glances at his suitcase, tosses it aside, then swings up into the saddle.
4 MCKINNEY (mounting) You said Visalia... HULSE Yep. Vera got herself a place there. Just outside of town. McKinney, seemingly ignoring Hulse, pulls the rifle from the stock and holds it up, inspecting it. HULSE She’s throwin you a party when we git back. A couple old friends are there... Looking the rifle over, McKinney interrupts. MCKINNEY A Greener. (glances at Hulse) You think I’m gonna kill somebody? HULSE Maybe a few jackrabbits on our way back to Visalia. MCKINNEY Jackrabbits? (shoves gun back into stock) They musta got mighty big since I was on the inside. Hulse laughs as he spurs his horse around. He follows McKinney as they gallop away.
5 EXT. CALIFORNIA COUNTRYSIDE - DAY McKinney and Hulse galloping across the California countryside. LATER McKinney and Hulse with their horses at a slow walk. MCKINNEY So, how’s Vera been? She been doin okay? Hulse hesitant, glances at McKinney out of the corner of his eye. HULSE She’s been doin good. As good as can be expected. McKinney shoots Hulse a cold stare. MCKINNEY Your hidin something, Al. I can tell it in your voice. HULSE I aint hidin... McKinney’s voice rises in a threat as he interrupts. MCKINNEY Don’t you lie to me, Al Hulse. HULSE Well, it’s just that Long Tom... Hulse breaks off, shrugging his shoulders. McKinney suddenly reins his horse to a stop and turns to Hulse as he stops. McKinney stands in his saddle, leaning forward. MCKINNEY Well, what about Long Tom! HULSE He kept Vera...
6 Hulse pauses, swallowing hard. McKinney pulls the rifle from the stock and cocks it. MCKINNEY He kept Vera what!? HULSE He kept Vera locked in his room, naked, for two weeks. (shakes his head) Don’t go tellin him I told you. McKinney stares at Hulse as he shoves the rifle back in the stock. He gathers the reins, eyes still on Hulse, then turns and starts to ride. A slow grin crawls across Hulse’s face, a seed planted. He follows after McKinney. TIME FADE McKinney and Hulse on horseback, a slow walk. McKinney stares, thinking, obviously upset. HULSE Ain’t you gonna do nothin ‘bout it? McKinney stares straight ahead, mulling over Hulse’s question, then: MCKINNEY No, I ain’t. HULSE (surprised) But he’s been screwin Vera... MCKINNEY I ain’t gonna do... HULSE In olden days you’d a killed some son-of-a-bitch...
7 MCKINNEY (glares) Shut up! Hulse stares wide-eyed at McKinney. McKinney, trying to save face from his apparent weakness, stammers a reply. MCKINNEY I’m gonna watch...yeah, yeah. That’s what I’m gonna do. Now, I don’t wanna hear no more about it! McKinney kicks his horse into a cantor and Hulse follows in kind. EXT. DUSTY DIRT ROAD OUTSIDE VISALIA, CALIFORNIA - DAY The town in the distance. INSERT - A WEATHERED WOODEN AND HAND PAINTED SIGN. The sign reads: “Visalia, California.” BACK TO SCENE. McKinney and Hulse rein their horses to a stop next to the sign. HULSE Almost there. MCKINNEY Eyep. (shakes reins) Hah! They ride on.
8 EXT. VERA’S PLACE - DAY McKinney and Hulse ride into the yard. They’re met by VERA (MASON) who hugs and kisses McKinney as he dismounts. Vera’s a slim petite middle aged blonde woman. VERA Jim! Jim! Welcome home! Filing out of the house to greet McKinney are THOMAS MCINTYRE, ROBERT MCFARLANE, LONG TOM SEARS, JOHN CALDWELL all saloon toughs, and McKinney’s three younger brothers JAKE, EDWIN, and the youngest, MATT. HISTORICAL NOTE: Long Tom is a big husky man with flaming red hair. As Vera hugs McKinney, he glances over her shoulder at Long Tom who’s standing nearby. INT. VERA’S PLACE - NIGHT McKinney carousing with his friends and brothers...drinking, laughing, shouting, talking over each other. Vera slips outside for air. Hulse sees her go and follows as McKinney eyes Long Tom suspiciously. EXT. VERA’S PLACE - NIGHT A full moon, everything pale and subdued. Vera walks to a fence and leans against it. She smiles up at the moon and sighs. Hulse appears, leans next to her. Her mood turns sour as she frowns. VERA Why’d you come out here? Can’t you leave me alone?! HULSE Jim’s out of prison, but aint nothin changed.
9 VERA I’ll tell Jim... HULSE You won’t be tellin Jim nothin. You aint nothin but a two bit whore. ‘Sides, he already thinks Long Tom’s been havin his way with you. Hulse turns, leans his back against the fence rail, cups Vera’s face in a hand. HULSE Like I said, aint nothin changed. Vera turns away in a huff and heads for the house. Hulse laughs as he watches her go. INT. VERA’S PLACE - NIGHT Long Tom and McKinney stand apart from the others, talking. McKinney sighs as he glances across the room. MCKINNEY You know, I only been out a few hours an’ already I seen how much the world has changed. I don’t know if I can change with it. (looks at Long Tom) Never can tell what might cause me to go an’ shoot somebody again. Long Tom smiles, slaps McKinney on the shoulder. LONG TOM Don’t you fret none, there’ll always be a place for the likes of us. Long Tom walks away; McKinney eyes him suspiciously.
10 EXT. BAKERSFIELD CITY STREET - EVENING Six years later - the streets are alive with people going about their daily routine. SUPER: “Bakersfield, California December, 1900" INT. VERA AND MCKINNEY’S BAKERSFIELD HOME - NIGHT McKinney’s been drinking, a little drunk and angry. Vera’s concerned; McKinney avoids her questions. VERA Jim. Jim! What’s wrong!? I ain’t seen you this angry... MCKINNEY Got things on my mind, Vera. He starts to strap on his gun belt. MCKINNEY Goes back a long ways. Vera’s concern rises. VERA What are you puttin that on for? McKinney brushes past her, pushing her aside. MCKINNEY Git out of my way. McKinney stomps out of the house, an upset Vera watching him go. VERA Jim...!
11 EXT. BAKERSFIELD STREET - NIGHT McKinney grumbles to himself as he walks down the darkened street. INT. THE RECEPTION SALOON - NIGHT McKinney, Long Tom Sears, WARREN MCDONALD, and JOE CAREY at the bar, drinking - all of them on their way to a good drunk. LONG TOM ...I don’t know what... MCKINNEY My friends don’t fuck with me! LONG TOM Well, if I done somethin, I sure don’t know what it is. McKinney pulls his gun. CAREY Whoa, Jim! No need for that. MCDONALD Put that gun away, Jim. You and Long Tom been friends a long time. McKinney pauses, looks suspiciously at Carey and McDonald, then grumbling under his breath, he holsters the revolver. EXT. BAKERSFIELD MAIN STREET - NIGHT Deputy City Marshal JOHN CRAWFORD on his nightly rounds. He turns a corner into an alley.
12 INT. THE RECEPTION SALOON - NIGHT McKinney, Long Tom, Carey, and McDonald still at the bar, still drinking, Long Tom and McKinney still arguing. MCKINNEY ...I know what I know! Al Hulse told me so. LONG TOM Told you what? What Al say ‘bout me? McKinney grumbles. CAREY Think it’s time we go...let your head rest, Jim. McKinney glances at Carey. CAREY Come on, let’s go. EXT. ALLEY BEHIND THE RECEPTION SALOON - NIGHT A light in the alley...Crawford enters the ‘water closet’ (outhouse) next to the back door of the Reception Saloon. INT. WATER CLOSET - NIGHT Crawford drops his gun belt on the floor, then drops his pants and takes a seat. He glances at the latticed saloon-like doors of the water closet as he hears the back door of the saloon open and the argument spill out into the alley. MCKINNEY (o.s.) I ain’t sayin. LONG TOM (o.s.) If he said somethin ‘bout me, ain’t I got a right to know?
13 MCKINNEY (o.s.) I ain’t sayin! LONG TOM (o.s.) I got a right to know. MCKINNEY (o.s.) I ain’t sayin! EXT. ALLEY BEHIND THE RECEPTION SALOON - NIGHT The four men pause at the corner of the alley near the water closet. McDonald and Carey shake their heads, Carey slapping McDonald on the shoulder. CAREY The Hell with it. Let’s go. Carey and McDonald disappear into the night as Long Tom turns to face McKinney. LONG TOM All right, Jim. If we cain’t be friends, then you just go on and shoot me! McKinney immediately pulls his revolver, cocking the hammer as he raises it point blank at Long Tom’s chest. INT. WATER CLOSET - NIGHT Through the lattice work doors a surprised Crawford see’s McKinney fire. CRAWFORD Well shit! Crawford jumps up, pushes through the swinging water closet doors, his pants still down, his gun belt left behind.
14 EXT. ALLEY BEHIND THE RECEPTION SALOON - NIGHT McKinney chuckles as Crawford stumbles a few feet from the water closet, struggling to pull up his pants. Pants up and buckled, he pats his hips, realizing he left his gun belt behind. CRAWFORD Well shit. MCKINNEY (o.s.) What you doin in their, Crawford?! McKinney continues to chuckle as Crawford glances at dead Long Tom lying in the alley with McKinney standing over him, holding his revolver. CRAWFORD What you doin out here, Jim? (approaches McKinney) Looks like you and Long Tom had a spat. MCKINNEY Well, he can’t fuck me no more. And he can’t fuck Vera no more neither. CRAWFORD (timid) Well, now, you know your gonna have to submit to arrest. MCKINNEY All right, but I’m keepin my gun til we git to the jail. McKinney casually turns the barrel toward Crawford. Crawford’s eyes go wide. He gestures over his shoulder with a thumb. CRAWFORD All right, you come back here with me. I left my gun in the water closet.
15 McKinney and Crawford turn toward the water closet. MCKINNEY Left your gun in the water closet? You could git yourself killed doin that! McKinney breaks out laughing again. INT. BAKERSFIELD CITY JAIL, BACK ROOM CELL - NIGHT McKinney rises from his cell bunk as Crawford approaches with a key ring and unlocks the cell door. CRAWFORD Come on, Jim. Dave Moshier an’ Jeff Packard posted your bail. (swings door wide) Your free to go until your trial. McKinney pauses at the cell door and smiles. MCKINNEY Did I tell you that I killed Long Tom in self defense? (chuckles) He’s mean when he’s drinkin. CRAWFORD Well, he won’t be drinkin anymore. MCKINNEY Nope, guess he won’t! McKinney laughs as he walks away.
16 INT. TULARE COUNTY COURTHOUSE COURT ROOM - DAY McKinney on trial - a small jury, a small audience including Vera, the JUDGE, McKinney, the DEFENSE ATTORNEY, the PROSECUTOR, Carey, Crawford, McDonald, DAVE MOSHIER, and ‘future’ Bakesfield city marshal JEFF PACKARD. The Prosecutor’s questioning Carey, Carey shaking his head. CAREY Naw...I was too drunk to see anythin. (scratches his head) I think Mac an’ I walked away afor the shootin started. The Prosecutor stands, arms crossed, staring at Carey. TIME FADE The Prosecutor’s obviously frustrated, his words pointed, McDonald now on the stand. PROSECUTOR Mister McDonald. You don’t remember anything either. Not one single thing. McDonald stares blankly, thinking back, then shakes his head as he looks up at the Prosecutor. MCDONALD No sir. I just remember wakin up in the brothel...you ever wake up in a brothel with a prostitute next to you and not remember how you got there? The audience erupts in laughter. The Prosecutor shakes his head disgustedly and sighs. The Judge slams his gavel. JUDGE Order! I will have order in this court!
17 TIME FADE Crawford on the stand as the Prosecutor approaches him. PROSECUTOR State your name and occupation. Crawford clears his throat as the Prosecutor leans on the stand. CRAWFORD Well...my name’s John Crawford. I’m the Deputy City Marshal of Bakersfield. PROSECUTOR Deputy City Marshal Crawford... where were you just after midnight on December 13th, this year passed? Crawford, nervous and uncertain, begins to rock slowly on the stand. CRAWFORD Well...I was, I was in a water closet behind Cohn’s store... He falls silent as a murmuring chuckle erupts in the courtroom. PROSECUTOR Tell the court what you saw. CRAWFORD Well, ah...through the lattice I seen Jim McKinney draw his gun. I heard a shot and jumped from the water closet to see who got shot...left my pants down! Forgot my gun! Laughter erupts again. The Judge slams the gavel. JUDGE Order! Order!
18 PROSECUTOR Go on, sir. CRAWFORD I seen Long Tom Sears on the ground and Jim McKinney standin there with his gun drawed. McKinney shot Long Tom in the heart. TIME FADE Dave Moshier now on the stand. MOSHIER ...don’t know nothin ‘bout it, ‘cept what I been told. I just posted Jim’s bail, me... INSERT - JEFF PACKARD IN THE AUDIENCE. Packard, chewing on an unlit cigar, watches proceedings. MOSHIER (o.s.) ...an Jeff Packard. BACK TO SCENE. MOSHIER That’s all. He pauses, lowers his eyes, then looks up at the Prosecutor. MOSHIER I’ll tell you though, there aint too many people goin to be bothered that ole Long Tom is gone. TIME FADE The Judge slams the gavel.
19 JUDGE There’s been a few that’s testified here in this trial, but I see that there’s been no actual prosecution of the case. So, I order that the defendant, James McKinney be found not guilty. The Judges slams the gavel again. JUDGE This case is closed. BAILIFF (o.s.) All rise! A murmur breaks out in the courtroom as those present rise. EXT. TULARE COUNTY COURTHOUSE - DAY The crowd files out of the courthouse. McKinney, Vera, cigar chewing Packard, and Moshier are together. PACKARD You’re free now, Jim. What are you going to do? MCKINNEY I think it’s time Vera and I leave Bakersfield. PACKARD And go where? MCKINNEY Oh, I don’t know. Porterville maybe.
20 EXT. PORTERVILLE MAIN STREET - DAY The town alive with activity, people going about their business, horses and buggies in the street. SUPER: “Porterville, California July 26, 1902" INT. MARSHAL’S OFFICE - DAY AUBREY LUMLEY, the editor/owner of the Porterville Enterprise newspaper, talks with the City Marshal, JOHN HOWELL, who’s seated at his desk. Lumley, pacing the floor in front of the marshal’s desk, carries a copy of a recent Enterprise edition. HOWELL It was a good idea you had there, Aubrey. LUMLEY It’s the only way to clean up this town. Get rid of the saloon toughs. It’ll be posted in the Enterprise too. He drops the newspaper on the marshal’s desk. EXT. PORTERVILLE STREET, MINT SALOON - DAY A crowded street, people going about their business. 54 year old Deputy City Marshal JOHN WILLIS nails a notice to a porch support beam along the wooden sidewalk in front of the Mint Saloon. HOWELL (v.o.) I’ve got Willis posting the notice all around town.
21 Willis steps away and townsfolk crowd around to read the message. There’s a murmur from those gathered. An old CRUSTY MINER steps back. CRUSTY MINER Well, it’s ‘bout time they disarm those ruffians! ELSEWHERE IN THE STREET, McKinney crosses from the other side of the street, passes those gathered at the notice, and disappears inside the Mint Saloon. TIME FADE INT. MINT SALOON - NIGHT A small somewhat tame crowd. A drunken McKinney sits drinking at a table. Saloon owner JR BEARD approaches the table. BEARD Light crowd tonight. Guess I won’t be needin you the rest of the night, Jim. McKinney nods as Beard turns away from the table. McKinney finishes his drink. He walks to the bar, retrieves his gun belt from behind the bar, straps it on, and turns to the entrance. MCKINNEY (wave of hand) See you tomorrow, JR. Beard nods and waves as McKinney disappears outside.
22 EXT. PORTERVILLE STREET - NIGHT McKinney ambles along the street, mildly drunk, singing a slurred song. After passing by Zalud’s Saloon, he happens upon Scotty’s Chop House, a restaurant and bar. McKinney pauses as he looks up at the sign above the entrance. MCKINNEY Hmph, Calderwood’s place. McKinney enters Scotty’s. INT. SCOTTY’S CHOP HOUSE - NIGHT The saloon is crowded, loud, raucous. A ceiling fan cranks overhead. Tall, lanky SCOTTY CALDERWOOD, the Chop House owner, stands at the bar talking with bartender EE JONES. ELSEWHERE IN SCOTTY’S, McKinney sits at a table near a window in a wall that opens on a room in Zalud’s Saloon next door. McKinney looks up at Scotty. MCKINNEY Calderwood! Lemme buy you a drink! McKinney raises his mug, sloshing his beer. Scotty grabs his own beer and joins McKinney at the table. TIME FADE Both Scotty and McKinney are well on their way to a good drunk. MCKINNEY These here damned officers been tryin to fuck me and I’m goin to fuck the whole bitchin cheeses of ‘em! McKinney suddenly pulls his pistol and fires a shot into a nearby wall. It doesn’t phase the gathered crowd.
23 McKinney fires a second shot, this one through the window into Zalud’s Saloon next door. McKinney glances through the window, sees a card game going on at a table. He grins as he takes aim. MCKINNEY Watch them poker chips... INT. ZALUD’S SALOON, THE CARD GAME TABLE - NIGHT At the table are ED ZALUD, GEORGE REDD, BILLY LYNN, and a forth unidentified man. There’s another shot. The bullet hits the table, scattering a stack of poker chips. The four men scramble for cover. INT. SCOTTY’S CHOP HOUSE, MCKINNEY’S TABLE - NIGHT McKinney laughs, then reloads. MCKINNEY Take a few shots there, Scotty! SCOTTY Naw, I ain’t that good a shot, Jim. MCKINNEY Well, I’ll show you how it’s done, you Scotch son of a bitch! He fires at the floor as Billy Lynn suddenly pops in from next door and approaches the table. LYNN Jim, you damn near made me lose a $30 pot over to Zalud’s! A drunken McKinney cackles. MCKINNEY Well, Billy, I didn’t mean to make you lose your card hand.
24 McKinney pulls a chair back, pats the seat. MCKINNEY Here, sit down, have a drink with Calderwood and me! Lynn sits as McKinney glances at Jones at the bar. MCKINNEY Jones! Bring us ‘nother round, an’ one fer my friend Billy here! Jones nods. ELSEWHERE IN SCOTTY’S, Deputy City Marshal John Willis enters. Armed with a pistol and his walking stick, Willis glances at McKinney’s table as he slowly walks to the bar and takes a seat. ELSEWHERE IN SCOTTY’S, McKinney looks at Willis out of the corner of his eyes. MCKINNEY (grins) I’ve a damn notion to shoot out that goddam fan. SCOTTY Well, shoot the son of a bitch! McKinney fires. The fan grinds slowly to a halt. McKinney grins as he watches Willis rise from the bar and leave the saloon. After Willis is gone, McKinney erupts in laughter.
25 EXT. FRONT DOOR OF MARSHAL JOHN HOWELL’S HOME - NIGHT Walking stick in hand, Willis steps up on the dark porch, knocks on the door. Silence. Willis knocks again, harder. Then, from inside: HOWELL (o.s.) Yeah, yeah. Hold on. The porch light comes on, the door opens. City Marshal John Howell stands there in bathrobe. HOWELL Willis, what in Hell did you wake me up for? WILLIS Jim McKinney’s over to Scotty’s Chop House. He’s shootin up the place. Thought it might be dangerous to try to arrest him alone, so... Howell nods. HOWELL You did the right thing. Best git a couple more men. Let me git some clothes on first. Willis nods as Howell turns away from the door. INT. PORTERVILLE FIREHOUSE - NIGHT Howell and Willis rounding up CONSTABLE WILLIAM TOMKINS and AMOS LYONS. HOWELL Yeah, Jim McKinney’s causin trouble over at Scotty’s Chop House.
26 TOMKINS McKinney. (nods) I knowd it only be a matter of time. WILLIS You two’d better git your guns on. EXT. PORTERVILLE MAIN STREET - NIGHT Guns ready - Howell, Willis, Tomkins, and Lyons walk up the middle of the street, heading back toward the center of town. TIME FADE Howell’s posse approaches Scotty’s Chop House. McKinney suddenly bursts from the saloon onto the sidewalk out front. Howell’s posse stops dead in their tracks as McKinney suddenly fires at a store front across the street, shooting out a window. Willis, leaning on his cane, starts hobbling toward McKinney. Howell and the others follow. WILLIS Hold on there, Jim! MCKINNEY You son of a bitch! McKinney fires at the approaching officers and misses. Lyons and Howell fire back and also miss. The posse stops in the street. WILLIS Jim! Stop shooting! McKinney and Willis exchange gunfire and both miss. McKinney starts to run across the street, still exchanging gunfire with Willis, then McKinney’s gun clicks empty. He stops to reload.
27 WILLIS We got him! McKinney frantically tries to reload as the officers start toward him, Willis in the lead. Willis shoots, catching him in the thigh. McKinney staggers. Willis catches up to him and hits him over the head with the walking stick. The walking stick breaks. An enraged McKinney hobbles a short distance away. His gun reloaded, he turns on Howell’s posse and raises his gun. MCKINNEY You goddam sons of bitches can’t take me! He shoots Willis in the mouth, knocking him to the ground and out cold. Tomkins starts forward, then stops as McKinney whirls on him, gun leveled. MCKINNEY You quit chasin after me you son of a bitch or I’ll kill you! Tomkins backs away. Howell and Lyons gather around Willis, and the three officers watch as McKinney disappears down the street into the dark. HOWELL Come on, let’s get John over to ole Doc Hardeman’s place. INT. VERA AND MCKINNEY’S HOME, KITCHEN - NIGHT McKinney rummages through a cupboard, pulling out a few boxes of ammo, blood from his thigh wound soaking his pant leg. VERA At least let me clean and bandage your wound!
28 McKinney lays the ammo on the kitchen counter. He turns, roughly shoves Vera aside, and crosses the kitchen to a closet door. VERA What about me?! MCKINNEY I don’t give a damn ‘bout you! (opens closet door) Not since you and Long Tom... He falls silent as he pulls a rifle and shotgun from the closet. VERA Not since Long Tom and I what?! He slams the closet door shut, brushes past Vera, back to the counter. She turns, her eyes following, then the realization falls on her. VERA Oh! You mean what Hulse told you... That was a lie! McKinney cocks a rifle, points it at her. His eyes narrow. MCKINNEY Git outta here. I don’t ever wanna see you agin! Vera stands wide-eyed, mouth agape, speechless. She shakes her head, steps backward, then turns and runs. A door slams in another room. McKinney gathers his guns and ammo and leaves the kitchen. INT. VERA AND MCKINNEY’S HOME - NIGHT McKinney exits the house with an armload of weapons and ammo. He starts back toward the center of town.
29 EXT. PORTERVILLE STREET - NIGHT Billy Lynn and Scotty Calderwood searching for McKinney. They’re approaching an intersection (Oak and 2nd Streets). SCOTTY If we don’t find him, he’s gonna git himself killed. At the corner of Oak and Second streets, McKinney approaches them out of the dark. MCKINNEY (o.c.) Hold it right there! They stop to see a figure looming in the shadows. McKinney levels his shotgun and... SCOTTY Jim, we come to... ...empties both barrels into Lynn’s belly. Lynn staggers forward a couple steps, then collapses. LYNN Scotty, I’m shot! He’s done gone and shot me! SCOTTY Jesus Christ, Jim! Don’t you know who your shootin at? You don’t go shootin yur friends! MCKINNEY I’ll shoot any son of bitch that tries to interfere with me! McKinney turns and disappears into the night as Scotty watches. Howell suddenly arrives, kneeling to check on Lynn. He sighs, shakes his head, and rises to his feet. HOWELL He’s dead.
30 SCOTTY Deputy Willis? HOWELL Doc Hardeman says he’s goin to be all right. EXT. ARLINGTON STABLES, MAIN STREET - NIGHT McKinney hobbles down main street to Arlington Stables, enters a side door to the harness room. INT. ARLINGTON STABLES HARNESS ROOM - NIGHT McKinney finds FC BUTLER and TJ KING asleep. He kicks them awake. They look up to see McKinney standing over them with a 32-40 caliber rifle. MCKINNEY Git up and be damn quick ‘bout it. I need a team and wagon as quick as you can git it ready. Butler and King stagger sleepily to their feet. EXT. ARLINGTON STABLES, ALLEY - NIGHT McKinney steps into the alley and fires a few rounds toward the center of town while howling and laughing. TIME FADE EXT. PORTERVILLE MAIN STREET - NIGHT McKinney drives through Porterville buckboard wagon, shooting at anything catching his fancy - signs, windows, doors. People duck out of the way as he passes by.
31 EXT. DAVE MOSHIER HOUSE - NIGHT McKinney drives up to Moshier’s house on the outskirts of Porterville. He jumps from the wagon with shotgun in hand, hobbles to the front door, and pounds on it. MCKINNEY Mose, open up! Mose! Moshier opens the door. He finds a wounded McKinney standing there, leaning on his shotgun. MOSHIER Jim, what happened to you? McKinney, gasping, laughs drunkenly. MCKINNEY I must of killed four or five back in town. (catches breath) They’re after me, Mose. I have to git out of here, but I need some money. MOSHIER I’ll give you what I got, Jim. (nods to wound) But you ain’t goin to git far with that wound. MCKINNEY I’ll git far enough. TIME FADE Moshier helps McKinney climb into the wagon. He steps back while McKinney grabs the reins, then McKinney turns to him. MCKINNEY Tell ‘em they’ll never take me. I’ll die game. I’ll kill anyone that tries. Moshier simply nods.
32 MCKINNEY Mose... McKinney shakes the reins and Moshier watches as McKinney drives away into the dark. EXT. TAYLOR FARM - DAY McKinney stops at the Taylor farm, finds TAYLOR in his yard doing yard work. Taylor looks up as McKinney glances at a nearby water pump, then back at Taylor. MCKINNEY You mind if I have myself a drink of your water? Taylor points to the water pump. McKinney smiles. MCKINNEY I’m sorry, sir. I done got my leg crippled. Horse pulled up short. Threw me from my seat here. Could I impose...? He falls silent, gestures to the pump. TAYLOR All right. Taylor pumps McKinney a tin cup ladle of water, hands it to him. McKinney drinks it until it’s gone, then hands the ladle back. MCKINNEY Thank you, sir. Taylor nods. McKinney smiles, then shakes the reins. MCKINNEY Good day, sir. Taylor watches as McKinney drives on.
33 EXT. NEAR TAYLOR FARM - DAY A short distance from the Taylor farm McKinney pulls up on the reins, stopping the wagon. He glances back over his shoulder, then drives the wagon into a clump of trees. He turns the horses loose, grabs his rifle, shotgun, and ammo, are starts out on foot. EXT. CALIFORNIA COUNTRYSIDE, KAWEAH RIVER - DAY McKinney limps toward the Kaweah River. ELSEWHERE, ON A HILLSIDE OVERLOOKING THE RIVER, a survey CREW pauses in their work as they see McKinney limping toward the river. CREWMAN 1 Looks like he’s hurt. CREWMAN 2 He’s got himself a pistol, rifle, and shotgun. Things just don’t look right. CREWMAN 3 Best leave well enough alone. ELSEWHERE, ON THE BANK OF THE KAWEAH RIVER, McKinney lays down his weapons, kneels, and drinks from the river. He pauses, glancing around, then grabs his weapons and pushes to his feet. EXT. DEE MCKEE HOME - DAY McKinney hobbles into the yard of a country home. MCKINNEY Dee! Dee McKee! You here?! McKinney stops in the front yard. The door opens and DEE MCKEE, a middle aged woman, steps onto the porch, hesitantly walking to the edge of the steps. McKinney smiles.
34 DEE Well, Jim McKinney... She notes the bedraggled McKinney leaning on his shotgun, rifle over his shoulder, bag of ammo over the other shoulder, gun belt around his waist, and blood stained pants. DEE ...looks like you been stirrin up trouble agin. Ain’t you ever gonna learn? McKinney chuckles. MCKINNEY Is that any way to talk to a cousin!? They both chuckle. Then Dee motions with a hand as she turns toward the door. DEE Come on in, lemme fix you somethin to eat. Looks like you could use it. McKinney hobbles toward the front porch. INT. DEE’S KITCHEN - DAY McKinney sits at the table, eating, Dee placing food on the table. DEE Ain’t a good idea for you to stay here. McKinney nods. MCKINNEY Yeah, they’ll come lookin for me.
35 Dee stops, stares directly at McKinney. DEE How many? McKinney looks up at her. MCKINNEY How many what? DEE How many you kill? McKinney glances at his coffee, takes a drink, then sets the cup down. MCKINNEY I don’t know how many. DEE One is one too many. You’re gonna find yourself back in the state pen agin you keep it up. Dee turns toward the kitchen sink with a pan. DEE I can give you a horse and saddle... EXT. DEE’S STABLE - DAY Dee watches as McKinney straps the saddle on the horse. DEE So, what you gonna do? MCKINNEY Oh, I don’t know. Mebbe ride up into the Sierra country. Dee nods.
36 DEE You better get that leg looked at. Saddle strapped, McKinney picks up his shotgun and rifle, slips the rifle into the rifle stock, then turns to Dee. MCKINNEY I’ll git it looked at first chance I git. DEE See that you do. Could get gangreen, lose your leg that way. McKinney mounts the horse, lays the shotgun over his saddle, then spurs the horse around to face Dee. MCKINNEY Thanks for the food, saddle, and horse. DEE You look after yourself now, Jim. McKinney nods, then nudges the horse. He begins to trot away. DEE Jim! McKinney reins the horse to a stop, and looks over his shoulder. DEE The Sierra ain’t far enough. They’ll find you there. McKinney nods again, then continues on his way.
37 BEGIN MONTAGE. A) McKinney camps near a spring on the summit of Rocky Hill east of Porterville. B) McKinney slinks through the shadows of nighttime Porterville for supplies. C) McKinney rides across countryside. D) A barn in the California countryside along the White River... E) McKinney hides in the hayloft of the barn under pile hay, sticking his head out to look as someone walks below. F) McKinney rides across countryside. G) McKinney rides through a stream, covering his tracks. H) McKinney rides across countryside. END MONTAGE. EXT. SHERIFF’S OFFICE, VISALIA, CALIFORNIA - DAY Tulare County Sheriff WILLIAM COLLINS exits the office and walks toward his horse. DEPUTY SHERIFF TURNER (o.c.) Will! Hold on there! Collins glances over the back of his horse to see Turner hurrying toward him. Turner holds up a message. TURNER Just off the wire. Eight head of cattle were stolen. Says John Jefford did it. Collins mounts his horse, takes the reins, then looks down at Turner. COLLINS No doubt to finance McKinney.
38 TURNER You sure ‘bout that? COLLINS Just a hunch. Guess I’ll know for sure when I find McKinney. In the meantime, send out a posse for Jefford. Find him and bring him in. TURNER And McKinney? COLLINS Put a wire out on him. I want to know if anybody has seen him...when and where. Turner nods as Collins backs his horse up a few steps, then nudges the horse with his heels. COLLINS Hah! Turner turns to the Sheriff’s Office door as Collins rides away down the street. EXT. CALIFORNIA COUNTRYSIDE, MCKINNEY’S HIDE OUT - DUSK McKinney sits, tending a small fire. A rustling in the brush nearby and McKinney looks up. Rustling again, closer. McKinney grabs and readies his rifle. On horseback, 25 year old JOHN JEFFORD suddenly stumbles into McKinney’s camp and reins his horse to a stop. JEFFORD Jim McKinney? McKinney’s rifle is raised and pointed, his voice soft and cold. MCKINNEY And you are?
39 JEFFORD Jefford. John Jefford. MCKINNEY What are you doing here? JEFFORD Runnin, just like you. I stole eight head of cattle. Ole Sheriff Will Collins is after me. He’s after you too! McKinney lowers his rifle. Jefford nods to the ground, gesturing. JEFFORD Can I... McKinney nods. MCKINNEY Sure, climb on down. Jefford dismounts, joins McKinney at the fire. MCKINNEY So, you stole eight head of cattle and Will Collins is after you. Jefford chuckles. JEFFORD Eyep. An’ they think I stole the cattle fur money to help you git away to Mexico! Least the newspapers says so. MCKINNEY To help me git away!? He roars with laughter. Jefford chuckles. MCKINNEY Mexico, you say...
40 Jefford nods. JEFFORD Eyep, Mexico. MCKINNEY (nods) Sounds like as good a place as any! EXT. SOUTHWEST COUNTRYSIDE - DAY McKinney and Jefford ride across the parched desert landscape. INT. TULARE COUNTY SHERIFF’S OFFICE - DAY Collins at his desk. Turner stands in front, hands planted on the desk. COLLINS Mexico. TURNER Eyep. Mexico. In Hermosillo. Collins rises, turns to his gun belt hanging on a wall post. COLLINS No time to lose. We’ll telegraph Dan MacFadzean when we get to Hermosillo; need extradition orders to get McKinney out of Mexico. Collins straps his gun belt on. COLLINS Call in Frank to look after things while we’re gone. TURNER Will do.
41 Turner turns to the door. COLLINS And hurry back! EXT. HERMOSILLO, MEXICO STREET - DAY A busy, wild, nearly lawless border town crowded with all manner of people. Collins and Turner ride down the middle of the dusty street while the town rages around them. ELSEWHERE ALONG THE STREET, a little MEXICAN BOY, about 10 years old, stands on a covered wooden sidewalk in front of a saloon, sees Collins and Turner approaching and hurries into the saloon. INT. MEXICAN SALOON - DAY A wild and loud saloon, crowded and smoke filled. At a corner booth McKinney and Jefford are carousing with two young Mexican women. The Mexican Boy hurries to McKinney. MEXICAN BOY Senor! Senor! They come! Two gringos wearing badges! McKinney and Jefford exchange glances. JEFFORD Collins? MCKINNEY And his deputy...I wouldn’t doubt it. Think it’s time we check out of here. EXT. HERMOSILLO TELEGRAPH OFFICE - DAY Collins and Turner ride up to the telegraph office, dismount, tie the reins to a hitching post.
42 INT. HERMOSILLO TELEGRAPH OFFICE - DAY Collins and Turner in the office, Collins dictating a message to the HERMOSILLO TELEGRAPHER who, in turn, transmits the message. COLLINS ...Secretary of State at to instruct the Governor Mexico, to arrest for me McKinney; I hold warrant answer. EXT. MEXICAN COUNTRYSIDE - DAY McKinney and Jefford ride hard across the countryside. INT. HERMOSILLO CONSTABLE’S OFFICE - DAY Collins and Turner at the HERMOSILLO CONSTABLE’S desk. CONSTABLE I am truly sorry, Sheriff Collins. But the word is out...they have left for Prieta. TURNER They? CONSTABLE Si, McKinney and Jefford. Turner looks to Collins. EXT. MEXICAN COUNTRYSIDE - DAY Collins and Turner ride on to Prieta. INSERT: A sign on exterior building wall. The sign reads: PRIETA TELEGRAPH OFFICE Washington of Sonora, James for murder;
43 INT. PRIETA TELEGRAPH OFFICE - DAY Collins and Turner in the office, Collins dictating a message to the PRIETA TELEGRAPHER who transmits the message. COLLINS Prieta, Mexico. February 28. My man here; I can do nothing until the governor gets instructions from Secretary of State; necessary to act quick; answer. EXT. ARIZONA COUNTRYSIDE - DAY McKinney and Jefford ride hard across the desert. They pull up on their reins, stopping, McKinney turning to face Jefford. MCKINNEY We’re in Arizona. Douglas is just... (gestures) ...over there. JEFFORD We goin to Douglas...? McKinney shakes his head and interrupts. MCKINNEY Naw...the law is gonna be crawlin all over the place like rattlesnakes, lookin for us. Best we split up. Go our separate ways. Jefford nods. JEFFORD Take care, Jim McKinney. McKinney nods. Jefford stares at McKinney a moment, the spurs his horse around and rides off. McKinney watches, then he does the same, in a different direction.
44 INT. PRIETA CONSTABLE’S OFFICE - DAY Collins and Turner at the PRIETA CONSTABLE’S desk. COLLINS Arizona. The Constable nods. CONSTABLE That’s right, senor. They are back in your country now. Collins, visibly frustrated, shakes his head. EXT. PRIETA CONSTABLE’S OFFICE - DAY Collins and Turner exit the office, walking to their tethered horses. TURNER So, we follow McKinney in Arizona? Taking the reins, Collins mounts his horse. COLLINS We go home to Visalia. Arizona is outside of our jurisdiction. The Arizona authorities can handle it. They spur their horses around and ride off down the street. EXT. ARIZONA COUNTRYSIDE, OPEN MINE SHAFT - DAY McKinney comes upon an abandoned open mine shaft. He reins his horse to a stop, peers at the black yawning cavity of the open shaft, then rides on. SUPER: “Hualapai Mountains, Arizona March 1903"
45 EXT. HUGHES CABIN - DAY Naive MATTHEW HUGHES, age 23, exits the cabin with a pack slung over a shoulder. He’s closely followed by his complaining young and gorgeous 21 year old wife, VIOLA. VIOLA Matt! I’m tired of bein out here all alone! Matt grabs a placer pan lying next to a wooden chair. MATT You’re not alone, Viola. I’m here. VIOLA You know what I mean! Hell, there ain’t no one around for miles! Matt starts to walk away. Viola follows. MATT Cedar’s only six miles north... VIOLA That’s just a tiny minin hick town! Matt stops and turns to face his young pretty wife. She nearly collides with him. MATT We’ll be all right. Won’t be long ‘fore I find gold and then we can go anywhere! I’ll take you to San Francisco if you want! Matt turns and continues on. MATT I’ll be back for supper! A frustrated Viola grumbles under her breath as she watches him walk away.
46 EXT. TRICKLING WASH - DAY Matt pans for gold. A shadow crosses over him. Matt looks up, sees McKinney standing above him. Hesitantly, Matt rises and gestures with his pan. MATT I...pannin for gold...I... He steps toward McKinney, offers a hand. MATT I’m Matthew Hughes. McKinney shakes hands. MCKINNEY McIntyre. Tom McIntyre. Matt smiles, nods. MATT Mister McIntyre. Always nice to meet new friends. I’d invite you to supper. Me and my wife, Viola, we ain’t got much, but what we got, we’ll surely share with you. INT. HUGHES CABIN - DAY A one room shack with bunk, a few items of furniture, and a rickety old table. McKinney and the Hughes’ sit at the table, having supper, McKinney and Viola occasionally eyeing one another. VIOLA So, Mister McIntyre, what brings you here? MCKINNEY Just passin through.
47 MATT Where to, if I might’n ask? MCKINNEY California. Viola glances at McKinney through distant and dreamy eyes. EXT. HUGHES CABIN - NIGHT McKinney stands outside, looking at the stars. Viola appears out of the dark, stands beside him. MCKINNEY Shouldn’t you be inside with your man? VIOLA Where you goin in California, Mister McIntyre? McKinney glances at her. MCKINNEY Don’t know yet. Viola looks up at him, smiles seductively, then walks away. She disappears around a rock outcropping away from the cabin. McKinney glances back at the cabin, then follows her. TIME FADE ELSEWHERE NEAR THE HUGHES CABIN, BEHIND THE ROCK OUTCROPPING, McKinney breaths heavily, his head rolled back, his eyes closed, Viola kneeling before him. McKinney catches his breath, then opens his eyes and buckles his pants as Viola rises to her feet. She smiles at him, then speaks, her words soft, seductive.
48 VIOLA If you need a travelin companion to California... She falls silent and her smile widens, then turns and starts back to the cabin. McKinney watches her go. EXT. HUGHES CABIN - DAY McKinney sits in the wooden chair in front of the cabin, eyeing Viola while she strings clothes on a makeshift clothesline. Matt exits the cabin, his pack slung over is shoulder. He grabs the placer pan lying next to the door. MATT You comin down to the creek, Mister McIntyre? McKinney slowly glances at Matt, then turns his eyes back to Viola. MCKINNEY Yeah, in a while. He turns back to Matt. MCKINNEY Gotta headache. Be down in the hour. Matt nods, then glances at Viola. MATT Be back for supper, Viola. Viola looks at Matt. VIOLA Awright... She continues with her work. MATT (to McKinney) See you in a while, Mister McIntyre.
49 McKinney nods and watches Matt walk away, then looks back at Viola. Finished hanging clothes, she starts back to the cabin, empty basket in hand. She opens the cabin door, then pauses as she smiles at McKinney. VIOLA When Matt says he’ll be back for supper, it means he’ll be gone all day. MCKINNEY All day. VIOLA Eyep. All day. She looks to the sky, cocks her head, then grins at McKinney. VIOLA It’s goin to get mighty hot ‘fore long, Mister McIntyre. Maybe you should come inside with me. Her grin widens as she enters the cabin. McKinney glances around, grins, then rises from the chair and follows. INT. HUGHES CABIN - DAY Dim light...a movement of shadows on a wall. McKinney lies naked on his back on the bunk. He’s mounted by a naked Viola, her long hair down and disheveled. She gasps as she rocks and bucks hard against McKinney. EXT. HUGHES CABIN - DAY LATER - SAME DAY McKinney sits in the chair, his gun belt on, leaning against the front wall of the cabin. Matt approaches, returning from a day of gold panning.
50 MATT You didn’t make it to the creek, Mister McIntyre. You still feelin poorly? McKinney smiles. MCKINNEY Feelin just a little tired, Mister Hughes. MATT Tired? Why...? The her her and cabin door opens. Viola, her hair down and dressed in undergarments, leans against the door jam. She cocks head, twisting strands of her hair between her fingers, smiles at a puzzled Matt. McKinney chuckles. MCKINNEY ‘Cause I spent the day with your woman. Matt’s eyes go wide and his jaw drops as he looks at Viola. Smiling, she nods. VIOLA Eyep. She steps across the entrance and stands next to McKinney, draping an arm around McKinney’s shoulder. She looks at Matt, chuckles, and taunts him. VIOLA And you ain’t no where near the man Mister McIntyre here is. McKinney pulls his handgun, fires, hits Matt in a leg. Matt cries out, dropping his pan and pack as he goes down on one knee. McKinney fires again, hitting Matt in the other leg, sending him sprawling to the ground. He rises from the chair, walks to Matt, and kicks him over onto his back. Matt looks up, desperate and terrified.
51 MATT Why shoot...? McKinney shoots Matt again, in both upper arms. Matt cries out. MCKINNEY So’s you won’t be botherin me and your woman. MATT Bother you...and...Viola...? McKinney nods to the cabin, then grabs Matt by the shirt collar and drags him inside, Viola leading the way. INT. HUGHES CABIN - DAY McKinney drags Matt across the floor and drops him between the table and bunk. He stands there and laughs as he looks down at Matt. Viola joins them, wrapping an arm around McKinney’s waist. TIME FADE Matt on the floor moaning. In the background Viola and McKinney are moaning and grunting. TIME FADE Shadows dance on the walls from the fire in the fireplace, including the shadows of McKinney and Viola having sex. Matt lies on the floor, still moaning. Viola moans from the bunk; McKinney grunts. TIME FADE Matt on the floor, still moaning. Viola and McKinney still in the bed having sex; Viola moans, McKinney grunts. ON MATT as tears run down his cheeks.
52 TIME FADE Bare chested McKinney sits on the edge of the bed, buckling his pants. Behind him Viola lies on the bed. She sighs. Matt still lies on the floor, still moaning. McKinney, his eyes narrowing, looks at Matt. MCKINNEY I’ve had ‘bout ‘nough of your whinin. McKinney jumps from the edge of the bed, pulls his gun from his gun belt that’s draped over a chair. He straddles Matt’s chest, points the gun at his head, and fires - a bullet between the eyes. VIOLA What you goin to do with him? MCKINNEY There’s an open mine shaft near here. Abandoned. Goin to drop him in it. Ain’t nobody gonna find him. Viola climbs out of the bed, walks to McKinney, presses up against him, and runs a finger down his chest. VIOLA Well, don’t you be gone long. McKinney roughly grabs her by the hair and kisses her. EXT. ARIZONA COUNTRYSIDE, OPEN MINE SHAFT - DAY McKinney returns to the abandoned mine, Matt’s body draped and tied down over his horse. McKinney dismounts, unties Matt’s body, and pulls it off the horse. He drags the body to the open mine shaft and throws him in. He glances into the open shaft, then mounts his horse and starts back to the cabin.
53 INT. HUGHES CABIN - DAY Viola, in undergarments, sits at the table before a small round mirror, brushing her hair. The door pops open and McKinney enters. She looks at him and smiles. MCKINNEY Git dressed, we’re leavin here. She rises from the table, starts to dress. EXT. HUGHES CABIN - DAY McKinney and Viola stand several feet away, watching as flames consume the Hughes’ cabin. VIOLA (soft, eyes on fire) They’ll be able to see it in Cedar. MCKINNEY (eyes on fire) Makes no difference. (pause) Let’s go. He turns toward the horse; Viola follows. VIOLA Where we goin? MCKINNEY Cedar. Got a friend there that can put us up a while. EXT. DESERT COUNTRYSIDE - EVENING Viola and McKinney on horseback, Viola behind and holding on, slowly walking the horse through the southern foothills of the Hualapai Mountains.
54 EXT. DICK ESHOM’S CEDAR VALLEY RANCH - DAY DICK “DIG” ESHOM, mid-40s, works in the front yard of his ranch as McKinney and Viola ride into the yard. Eshom stares, then shakes his head and smiles. ESHOM Well, I’ll be damned. Jim McKinney. MCKINNEY Been a long time, Dig. ESHOM So, what brings you to Arizona? McKinney dismounts, helps the dirty and disheveled Viola down from the horse, then shakes hands with Eshom. MCKINNEY A little trouble in California. I’m usin Tom McIntyre’s name. Eshom grins as he eyes Viola. ESHOM And...ah, whose the...? Eshom gestures. MCKINNEY Just a two-bit whore I picked up ‘long the way. You might wanna go and try her out. Viola looks wide eyed at McKinney, then fearfully at Eshom. Eshom looks her over, slowly nodding his head and grinning. She recoils, feeling Eshom’s eyes on her body. ESHOM Think I just might. VIOLA Hey, I aint...
55 McKinney grabs her by the arm and pulls her close as he draws his pistol, cocks it, and lays the barrel against the side of her neck. MCKINNEY You are as I says you are, and you do as Dig and me says. Viola nods hesitantly. ESHOM You best come inside. No tellin who might be ridin by these parts. They turn toward the ranch house. INT. ESHOM RANCH HOUSE LIVING ROOM - DAY Eshom talks with McKinney and Viola. ESHOM Collins... McKinney nods. MCKINNEY Eyep, Sheriff Will Collins out of Visalia. Chased me and Jeffords all the way into Mexico. Eshom pauses, his eyes wandering across the floor as if considering, then he looks up at McKinney. ESHOM We’re a bit too close here to Cedar for safety, Jim. There’s a small place down the road a piece. You and Viola could stay there ‘till I see ‘bout gittin you job at the San Francisco Mine... VIOLA (interrupts, expectant) San Francisco Mine? In San Francisco?
56 ESHOM No, the San Francisco Mine’s a couple miles southwest of here. VIOLA (to McKinney) You said we were goin to California... McKinney ignores her and turns to Eshom. MCKINNEY (interrupts Viola) This place you spoke of... ESHOM Small place, Jim. Will need a little fixin up. Won’t take long. EXT. BANK ON BEALE STREET, KINGMAN, ARIZONA - DAY Locals CHARLES BLAKELY and LEROY WINCHESTER, late 20s, exit the bank, Blakely counting the money they’ve withdrawn. BLAKELY Four hunner’d, four hunner’d fifty, five hunner’d. TEMPLETON (o.c.) Charlie! Leroy! Blakely and Winchester stop at the edge of the sidewalk, turning to see Mohave County Deputy Sheriff JEFF TEMPLETON approaching. WINCHESTER Deputy. Leroy nods. TEMPLETON Boys. I hear you’re buyin Dig Eshom’s saloon down in Cedar.
57 BLAKELY Eyep, that’s right. TEMPLETON Well, then, do me a favor when you go down there. (pulls folded paper from pocket) Deliver this warrant for me. WINCHESTER A warrant? Don’t we have to be deputized or somethin? Templeton chuckles. TEMPLETON Not for this. It’s just a minor offense...for the arrest of a man whole stole a watch here in Kingman. Just deliver it and let him know that if he comes back here, we’ll be waitin. Templeton hands the warrant to Blakely who takes it. BLAKELY We’ll deliver it for you. Templeton nods and smiles. TEMPLETON Thanks, boys. Ya’ll have a safe trip down to Cedar. Templeton tips his hat and walks away while Blakely and Winchester look at the warrant. Winchester nods. WINCHESTER Eyep, done stole hisself a watch. BLAKELY Whelp, we best get on to Cedar.
58 EXT. HUALAPAI MOUNTAIN TRAIL - DAY Blakely and Winchester riding for Cedar and Dick Eshom’s ranch. EXT. ESHOM’S CEDAR VALLEY RANCH - EVENING Blakely and Winchester ride into Eshom’s yard. BLAKELY This his place? WINCHESTER Eyep. This is it. They pull up near the porch and stop, remaining mounted. BLAKELY Eshom? Dick Eshom?! Eshom appears on the porch, places his hands on his hips. ESHOM I’m Dick Eshom. You two the ones come to buy my saloon? WINCHESTER Yessir. Eshom smiles as he gestures to them. ESHOM Well then, come on in, boys! Make yourselves at home! INT. ESHOM RANCH HOUSE LIVING ROOM - NIGHT Eshom talks with Blakely and Winchester, all seated. Eshom leans forward in his chair. ESHOM You got the money?
59 BLAKELY Eyep. Five hunner dollar. That’s what you was askin. Eshom smiles. ESHOM Good! Seein as it’s late, you fellas spend the night and tomorrow we’ll ride into Cedar and complete the deal. WINCHESTER We brung us a warrant... Eshom’s smile turns to a frown and his eyes go wide. ESHOM A warrant? WINCHESTER Eyep. Deputy Jeff Templeton back in Kingman asked us to deliver it. Nervous, jittery, Eshom rises to his feet, wiping his palms against his pant legs. ESHOM Well, if Deputy Templeton asks you to deliver it, you best de...damn! I done forgot ‘bout Tommy McIntyre! BLAKELY Tommy McIntyre? Eshom smiles, regaining composure.
60 ESHOM Eyep, he’s a friend, done hurt hisself in the mines. Got a message just afore you came that he needs some help. Tell you fellas what...I gotta git over to Tommy’s. You two stay here for the night like I said, then ride on into Cedar tomorrow. I’ll meet you there and we can wrap things up. Okay with you? They nod. ESHOM Good! I’ll see you two tomorrow then! Eshom hurries out the front door while Blakely and Winchester exchange puzzled glances. EXT. ESHOM’S CEDAR VALLEY RANCH - NIGHT Eshom hurries across the front yard to the stable. INT. ESHOM’S STABLE - NIGHT Eshom saddles a horse. EXT. ESHOM’S STABLE - NIGHT Eshom rides out of the stable at a gallop.
61 INT. MCKINNEY/VIOLA CABIN - NIGHT Small one room shack; McKinney and Viola in bed having sex, McKinney on top. There’s a sudden rap on the door. ESHOM (o.c.) Jim! Jim! McKinney stops rocking against Viola and turns his eyes to the door as it suddenly bursts open. Eshom stumbles in and stops in mid stride...eyes wide. ESHOM Jim! Jim...ah...! Sorry, I didn’ know you was screwin her... An angry McKinney climbs from the bed. Viola pulls the sheet up over her. MCKINNEY (interrupts) What else would I be doin with her! McKinney lights a lantern. MCKINNEY Screwin’s all she’s good for anyway! Viola stares at the ceiling, her eyes vacant, as McKinney climbs into his pants. MCKINNEY So, what you doin here so late!? ESHOM Two men come to buy my saloon. MCKINNEY (incensed) You come here in the middle of the night to tell me that!?
62 ESHOM They brung a warrant with ‘em. McKinney stares at Eshom, glances back at Viola who’s still turned away, then back at Eshom. MCKINNEY A warrant. Eshom nods. ESHOM Eyep. Just thought I better warn you. EXT. ESHOM’S CEDAR VALLEY RANCH - DAY Blakely and Winchester mount up for the ride to Cedar. WINCHESTER Where we gonna meet ‘im? He didn’t say. BLAKELY Assayers office I ‘spose. Maybe the company store. (shakes reins) Hah! They head for Cedar. EXT. ROAD TO CEDAR - DAY McKinney, mounted with a shotgun across his lap, slowly walks his horse. He pulls up on the reins. The horse stops. McKinney peers about, then gently nudges the horse on. ELSEWHERE ON ROAD TO CEDAR, Blakely and Winchester ride. ELSEWHERE ON ROAD TO CEDAR, McKinney, shotgun still across his lap, still slowly walking his horse down the road. ELSEWHERE ON ROAD TO CEDAR, Blakely and Winchester ride.
63 ELSEWHERE ON ROAD TO CEDAR, McKinney, shotgun still across his lap, still slowly walking his horse down the road. Riders approach. McKinney pulls up, dismounts, then hurries off the road into the brush. Blakely and Winchester suddenly appear from around a bend. There’s a shotgun blast. Blakely and Winchester pull up, Blakely lifting a hand to his face to ward off the blow of the gun. The buckshot hits him in the chest, neck, hand, and arm, killing him. Blakely falls from his horse. Winchester tries to calm his panic stricken horse. He turns and there’s a second shot as McKinney unloads buckshot into Winchester’s back. He’s dead before he falls from his horse. McKinney cautiously steps from the brush, his shotgun ready. He peers about, then walks to where Blakely and Winchester have fallen. McKinney roots through their jackets for the warrant...finds it on Winchester. He shakes it open and reads it silently. MCKINNEY Dammit! It weren’t me they was after! He angrily crumples the warrant and tosses it aside. MCKINNEY All over a goddam watch that had nothin to do with me! McKinney turns back to the brush, grabs the reins of his horse and leads it onto the road. Shotgun across the saddle, McKinney mounts, and turning in the road for one last look at the two dead men, he rides away. EXT. MINING COMPANY STORE, CEDAR - DAY An impatient Eshom paces back and forth waiting for Blakely and Winchester, Eshom’s horse tethered to a hitching post.
64 INT. MCKINNEY/VIOLA CABIN - DAY A disheveled and hopeless Viola sits at a table, absently brushing her hair, eyes vacant. The door bursts open and McKinney storms in. MCKINNEY Git your things together. We’re goin to Dig’s place. McKinney roots through some things to take. VIOLA (dreamy voice) Dig’s place...we’re goin to Dig’s place... EXT. MINING COMPANY STORE, CEDAR - DAY An impatient Eshom still paces, still waits for Blakely and Winchester. He gives up, takes the reins of his horse, mounts, and rides away. EXT. ESHOM’S CEDAR VALLEY RANCH - DAY Eshom rides into the yard, finds Blakely and Winchester gone, but McKinney’s horse tethered out front. He dismounts, glances at McKinney’s horse, then hurries onto the porch. INT. ESHOM’S CEDAR VALLEY RANCH - DAY Eshom enters from the front porch, finds McKinney and Viola standing there, waiting for him. Eshom stares. McKinney’s voice turns cold. MCKINNEY They’re dead. ESHOM (soft) Blakely and Winchester.
65 McKinney nods. MCKINNEY Eyep. ESHOM They said they had a warrant... MCKINNEY (interrupts) For somebody that stole a watch. I weren’t for me. Eshom stares quietly at McKinney. MCKINNEY It don’t matter. I need a provisioned pack horse. Time I be on my way to California. Expressionless, Viola slowly looks up at McKinney. EXT. ESHOM’S CEDAR VALLEY RANCH - DAY McKinney straps a bedroll on the saddle of his horse. Viola stands nearby, staring, spaced out. She’s rapidly losing it. McKinney glances over his shoulder at her and grins. ESHOM (o.c.) Here you go, Jim. McKinney turns to see Eshom leading a packed and provisioned horse from the stable. Viola pays no attention, just stares. McKinney steps away as Eshom secures the reins to McKinney’s saddle horse, then Eshom turns to face him. ESHOM Should do you all right. Don’t go worryin none ‘bout returnin her. McKinney mounts his horse, then nods to spaced out Viola.
66 MCKINNEY Fair trade, Dig, that there whore for your horse and provisions. (chuckles) Use her as you please. ESHOM Oh, I will. MCKINNEY Remember, Dig. Give me three days fore you say anythin to the sheriff up in Kingman. ESHOM Eyep. Three days. You take care now, Jim McKinney. McKinney nods with a shotgun, then spurs his horse around. MCKINNEY Hah! McKinney rides off, Eshom watching, spaced out Viola staring and unaware. ESHOM Come on. Eshom grabs Viola by the arm and drags her toward the ranch house. ESHOM Gonna try you out myself afore I take you down to the men at the Ox Yoke mine and make some money with you. (chuckles) Theys a wild bunch down there at the Ox Yoke. Fifteen er twenty of ‘em! (chuckles) Well, you’ll git use to it... They disappear into the house.
67 BEGIN MONTAGE. A) Day - A mounted McKinney leads his pack horse across the Arizona countryside. B) Day - In Eshom’s ranch house, shadows on the wall and sounds of Eshom and Viola in bed. C) Night - McKinney sits huddled against a tree, shotgun in hand, no campfire, horses tethered nearby. D) Night - In Eshom’s ranch house, Viola sits in a chair, staring, eyes vacant, spaced out; a bare chested and cackling Eshom walks up behind her, twists her hair. E) Day - A mounted McKinney leading his pack horse across the Arizona countryside. END MONTAGE. EXT. COLORADO RIVER FERRY AT NEEDLES, CALIFORNIA - DAY McKinney, well armed, on the ferry with his two horses. The ragged ferryman, JOSH LARKIN, eyes him as he slowly crosses the river to the Needles, California landing. LARKIN You Jim McKinney, aint ya? McKinney ignores the question. Larkin nods hesitantly. LARKIN I know you is. TIME FADE The ferry comes to ground on the Needles, California side of the river. McKinney turns to Larkin, cocks his pistol, and lays the barrel against a terrified Larkin’s neck. MCKINNEY (soft) You don’t know me at all. Gasping, Larkin hurriedly nods.
68 MCKINNEY Good. Now you just tell those Arizona bastards that may come lookin for me that I’ll be back. Soon as I’m done in California, I’ll be back to take care of ‘em. Taking the reins of his two horses, McKinney walks off the ferry as Larkin watches. EXT. NEEDLES SUPPLY STORE - DAY McKinney rides up to a supply store and dismounts. TIME FADE McKinney exits the store with a small bundle of supplies. EXT. ESHOM’S BUGGY ON ROAD TO OX YOKE MINE - DAY Eshom drives a buckboard wagon. Next to him sits a silent, staring, spaced out, disheveled, and defeated Viola - a mere shadow of her former beauty. ESHOM (chuckles) Ole Burke Johnson runs the Ox Yoke. He’s gonna like you real well! Viola continues to stare, unaffected. EXT. OX YOKE MINE ENTRANCE - DAY Eshom and Viola arrive at the isolated mine. BURKE JOHNSON sees them approaching and slowly walks to meet them. Johnson is a big, menacing man, well over six feet tall, and between two and three hundred pounds. He’s dirty, has wiry hair that’s receding, and a few teeth missing. Eshom pulls up, stops the buggy, then climbs down while Viola remains silent and unmoving. His eyes locked on Viola, Johnson brushes past Eshom.
69 JOHNSON Mornin Dig. Don’t see you out this way much. Eshom turns and looks back at the buggy, Johnson now leaning close to Viola, breathing down her neck, checking her out. ESHOM Been busy in Cedar sellin my saloon. Johnson maintains his intense gaze on Viola who stares vacantly, taking no notice of the big man. JOHNSON Well, I aint got much use for Cedar. They aint got much use for me and the boys. (looks at Eshom) So, what brung you way out here? ESHOM Gotta make a trip to Kingman. Johnson nods his head toward Viola. MINER And the little wench here? ESHOM I brung her out for you and the boys to have while I’m gone to Kingman. Thought you might could use a little fun. Johnson’s suddenly all smiles. JOHNSON I was hopin that’s why you brung the little wench! Johnson reaches up and grabs the unresponsive and unresisting Viola. He slings her over his shoulder, face down, then turns toward Eshom.
70 JOHNSON Yessir, Dig, me and the boys’ll take real fine care of her. Johnson and Eshom shake hands, then Eshom climbs back into the buggy and takes the reins. ESHOM You all have a fine time, now. Johnson smiles ear to ear. JOHNSON We gonna have us a mighty fine time, yessir. (laughs) Might not git no work done! The two men laugh. Dig shakes the reins and rides away. Johnson, with Viola slung over his shoulder, disappears into the mine. INT. MOHAVE COUNTY SHERIFF’S OFFICE, KINGMAN - DAY Eshom stands at Sheriff HENRY LOVIN’S desk, the sheriff seated opposite. Off to one side stands Deputy Templeton. LOVIN Blakely and Winchester. Eshom nods hesitantly. ESHOM That’s right, Sheriff. LOVIN Jim McKinney. ESHOM That’s right, Sheriff. Lovin slowly rises from his desk, Eshom and Templeton watching him.
71 LOVIN And he claims it was an accident. Eshom swallows hard and nods as Lovin approaches and stares him eye to eye. LOVIN Nothin McKinney does is an accident. You know he killed a man in Porterville last year. ESHOM N..no, I...no, I didn’t know. LOVIN Well, he did. And it weren’t no accident. A slow grin crawls across Lovin’s face. LOVIN McKinney accidentally killed Blakely and Winchester. And I’d be willing to bet you had something to do with it. Accidentally, of course. (to Templeton) Jail him and leave him there while I go check his story out. Templeton nods as he steps forward. ESHOM Jail me!? Why?! I didn’t do nothin! You aint got no right... TEMPLETON Save it for the judge, Eshom. Templeton takes Eshom by the arm and leads him away. Lovin straps on his gun belt and turns to the door.
72 EXT. MOHAVE COUNTY SHERIFF’S OFFICE - DAY Lovin mounts his horse, turns and rides down thee Street. EXT. ROAD TO CEDAR - DAY Two riderless horses stand grazing along the road, the bodies of Blakely and Winchester nearby. Sheriff Lovin appears from around the bend at a gentle trot. He pulls up and stops as he sees the two horses and bodies of Blakely and Winchester. Lovin sighs. EXT. SHERIFF’S OFFICE - DAY Lovin’s posse saddles up to ride. The posse consists of undersheriff ASA HARRIS, deputies CHARLES BLY and Jeff Templeton, a man named WELLS, and a Hualapai tracker named PIEMA. LOVIN McKinney’s got a good head start on us. TEMPLETON Eshom said McKinney was headin back to California. LOVIN He’ll be crossing the Colorado at Needles. HARRIS Probably already has. WELLS We aint chasin him into California, are we?
73 LOVIN McKinney killed people in my county. I’ll ride into his mother’s kitchen to get him if I have to! Now let’s go! Hah! He kicks his horse, shaking the reins, and heads off down thee street. The rest of the posse follow at a gallop. INT. OX YOKE MINE - DAY Johnson sits at a small wooden table, making notes on a pad by the light of a lantern. The table’s located in a corridor just off a hollowed out chamber. Around him men are working the mine. A MINER, zipping his pants, suddenly appears from the hollowed out chamber. He grins at Johnson like he just struck gold. ELSEWHERE IN THE OX YOKE MINE, IN THE ADJACENT HOLLOWED OUT CHAMBER, a wildly dirty and disheveled Viola sits on a makeshift bed on the floor of the chamber. Her arms wrapped around her waist, she rocks back and forth as she stares at the floor in front of her. Nearby lies a coil of rope. Absently she slowly turns her eyes to a wooden cross beam in the chamber ceiling then turns her gaze back to the floor. EXT. ARIZONA COUNTRYSIDE - DAY Lovin and the posse are stopped along a trail, Lovin and Piema kneeling next to the trail, checking tracks. Lovin looks at Piema. He nods. Lovin nods in return, looks along the trail, then he and Piema mount their horses. They ride on. EXT. CALIFORNIA COUNTRYSIDE - DAY McKinney rides northwest through San Bernardino county as fast as his horses will allow. Previously rain-swept, there’s fresh grass and water in depressions.
74 INT. OX YOKE MINE - DAY Johnson walks down the corridor and enters the chamber where Viola’s kept. ELSEWHERE IN THE OX YOKE MINE, IN THE ADJACENT HOLLOWED OUT CHAMBER, Johnson steps dead in his tracks as he peers up at Viola’s dead body hanging by the rope from the cross beam. JOHNSON (sighs) Now why’d you go and hang yourself for? Me and the boys only had you for four days. He shakes his head. EXT. COLORADO RIVER FERRY AT NEEDLES, CALIFORNIA - DAY Sheriff Lovin and posse arrive at the Needles Ferry. They dismount and walk their horses onto the ferry. LARKIN You after McKinney, Sheriff? Jim said to tell you Arizona bastards he would be back when he finishes with his California business. Lovin leans forward and glares at Larkin eye to eye. LARKIN That’s what he said, not me! LOVIN (angered) I don’t think much of your California outlaw. Used a shotgun on two men back in the Black Rock country. Shot one in front, the other in the back. I’m goin to make him just as dead as he made them. Scared, Larkin remains silent.
75 INT. NEEDLES TELEGRAPH OFFICE - DAY Lovin and Harris enter the telegraph office. The NEEDLES TELEGRAPHER sits at the machine. NEEDLES TELEGRAPHER Gentlemen? LOVIN I need you to send a message to Sheriff Collins in Visalia. The Needles Telegrapher grabs a pencil and piece of paper. He begins to write as Lovin speaks. LOVIN Outlaw James McKinney has murdered two people in Cedar, Arizona... INT. VISALIA, CALIFORNIA TELEGRAPH OFFICE - DAY Tap tap tap - the VISALIA TELEGRAPHER transcribes an incoming message. The door bursts open. Sheriff Collins and Deputy Turner hurry in. COLLINS Turner said you have an incoming message... The Telegrapher holds up a hand just as the message finishes. Finished writing, he hands the message to Collins. Collins reads silently. COLLINS It’s from Sheriff Lovin, Mohave County, Arizona. Two people killed in Cedar and McKinney’s on his way back to California. Lovin and posse are pursuing. (to Telegrapher) I want a message sent back. Immediately.
76 INT. NEEDLES TELEGRAPH OFFICE - DAY Lovin and Asa Harris are about to leave the office. NEEDLES TELEGRAPHER Sheriff Lovin, wait. A message...from Collins. (writes message) Question: Were the victims officers? The Telegrapher looks up at Lovin. LOVIN Tell him no, but McKinney thought they were. (to Harris) Come on, Asa, we’re going to the train station. EXT. NEEDLES TRAIN STATION - DAY Lovin and posse watch as the last of their horses are loaded aboard a waiting train. LOVIN We need to gain time on McKinney. EXT. MANVEL TRAIN STATION - DAY The train pulls into the station. TIME FADE Lovin and his posse disembark the train. INT. TULARE COUNTY SHERIFF’S OFFICE - DAY Sheriff Collins at his desk as the door opens. Deputy Turner enters. Collins looks up. TURNER You wanted to see me, Will?
77 COLLINS Yeah. If Lovin’s right and McKinney’s heading back this way, we’re gonna need to get the word out to law enforcement agencies. EXT. HOTEL IN SARASOTA SPRINGS, CA - DAY Lovin and posse exit the hotel. They turn and start toward the livery stable. LOVIN Asa, I want you, Wells, and Piema to get back to Mohave County. We can’t leave business there unattended. Charlie, Jeff, and I will keep after McKinney. HARRIS All right Henry. You just bring that bastard in or bring him down. EXT. CALIFORNIA COUNTRYSIDE NEAR RANDSBURG - DAY A MAN working his garden sees McKinney riding by on horseback, leading the same pack horse Eshom had given him. The Man pauses, watching. McKinney pays no attention and rides on. INT. BAKERSFIELD SHERIFF’S OFFICE - DAY Sheriff JOHN KELLY at his desk, looking over a map. Deputy WARREN RANKIN enters. RANKIN McKinney? Motions to the map.
78 KELLY Yes, take a look at this. Rankin joins Kelly at the desk while the sheriff points out a route. KELLY I think McKinney’s going this route - through Onyx to the Kern River South Fork Road, then on to Isabella. From there he’ll go northwest over the Green Horn Mountains to Linn’s Valley. RANKIN You think so? KELLY I’m certain of it. I want you to watch the South Fork Road east of Kernville. Keep an eye open. I’ll coordinate with Lovin, Collins, and others from here. EXT. RANDSBURG MAIN STREET - DAY High noon. Exhausted...Lovin, Bly, and Templeton ride into Randsburg. EXT. THATCHER STORE, ONYX CALIFORNIA - DAY McKinney rides into town, dismounts and hitches his horse to a rail out front. He steps onto the porch and enters the store. EXT. CALIFORNIA COUNTRYSIDE - DAY Deputy Rankin on horseback, rides across the countryside.
79 INT. THATCHER STORE COUNTER - DAY McKinney buys a beer, tosses a coin on the counter. EXT. THATCHER STORE - DAY McKinney exits the store and leans against a porch post as he drinks his beer. He surveys the street, nodding to people walking by. He finishes his beer, leaves the bottle on the porch, mounts his horse, and rides on, leading the pack horse. EXT. SOUTH FORK ROAD - DAY Riding at a slow cantor, Rankin suddenly reins to a stop, looks down the road. Someone’s approaching. He hurriedly dismounts, pulls his rifle from a saddle stock, then quickly leads the horse off the road into some brush. Hidden from view, rifle ready, Rankin waits. ELSEWHERE ON THE SOUTH FORK ROAD, McKinney appears, riding slow, a rifle across his saddle, ready for use. ELSEWHERE, IN BRUSH ALONG THE SOUTH FORK ROAD, Rankin stays still and quiet as McKinney passes by out of sight, then hurriedly mounts his horse and rides toward the nearby river bottom. EXT. RANCH HOUSE NEAR KERNVILLE - DAY Rankin rides into the yard, dismounts, hurries to the door and knocks. A WOMAN answers the door. WOMAN Something I can...? Rankin flashes his badge.
80 RANKIN Deputy Sheriff Warren Rankin, Bakersfield. (brushes past her) I need to use your telephone. INT. KERNVILLE SHERIFF’S OFFICE - DAY Constable FREDERICK MCCRACKEN stands at the door, glancing back at the KERNVILLE DEPUTY standing by the desk. MCCRACKEN I’m goin to walk over to Dade’s. The Deputy smiles and nods. McCracken leaves the office, closing the door behind him. The Deputy sits at the desk, reaches for a newspaper. The phone rings. He answers. KERNVILLE DEPUTY Constable McCracken’s office... EXT. KERNVILLE MAIN STREET - DAY McCracken walks down the wooden sidewalk, a store front roof over his head. KERNVILLE DEPUTY (o.c.) Constable! Constable McCracken! McCracken stops and turns to see the Deputy approaching from the Sheriff’s office. The Deputy gestures over his shoulder toward the office. KERNVILLE DEPUTY Got Deputy Sheriff Rankin from Bakersfield on the phone. He says it’s urgent.
81 EXT. ROBINSON RANCH HOUSE - DAY Rankin waits outside the Robinson Ranch House as McCracken rides up and dismounts. They shake hands. MCCRACKEN You seen him? Rankin nods. RANKIN He ain’t far behind. Should be comin this way any time now. Thought I’d best git help instead of tryin to take him myself. McCracken glances around. MCCRACKEN We best take cover. (nods to small building) I’ll be behind the door of that blacksmith shop. Rankin nods to fence gate. RANKIN I’ll be over there at that gate. Got a good view of the road there. They split up, going to hide and await McKinney’s arrival. TIME FADE McCracken waits behind the blacksmith shop door, the door slightly ajar. TIME FADE ELSEWHERE, AT THE FENCE GATE, Rankin sits, glancing down the road as he leans against the fence post. Rankin glances at McCracken, shakes his head ‘no.’
82 TIME FADE ELSEWHERE, AT THE BLACKSMITH SHOP DOOR, McCracken sits waiting. TIME FADE ELSEWHERE, AT THE FENCE GATE, Rankin sits, looking down the road. He stiffens, then glances at McCracken while gesturing down the road. ELSEWHERE, AT THE BLACKSMITH SHOP DOOR, McCracken nods. ELSEWHERE, DOWN THE ROAD, McKinney approaches, riding slow, rifle slung over a shoulder. ELSEWHERE, AT THE FENCE GATE with Rankin. RANKIN McKinney! Jim McKinney! ELSEWHERE, DOWN THE ROAD, McKinney reins his horse to a sudden stop. ELSEWHERE, AT THE BLACKSMITH SHOP DOOR, McCracken stands and fires at McKinney. He misses. ELSEWHERE, DOWN THE ROAD, McKinney spurs his horse toward the side of the road. ELSEWHERE, AT THE FENCE GATE, Rankin stands and fires several shots at McKinney. ELSEWHERE, AT THE BLACKSMITH SHOP DOOR, McCracken jupms in front of the small building, takes careful aim, and fires. ELSEWHERE, DOWN THE ROAD, McKinney falls from his horse at the side of the road. He grabs the reins and hurries into the brush as McCracken fires several more shots. ELSEWHERE, IN FRONT OF THE BLACKSMITH SHOP, McCracken slowly lowers his rifle, his eyes down the road as Rankin joins him.
83 MCCRACKEN I think I got him, but not too sure. If I did, don’t know how bad. RANKIN Well, I ain’t goin to go chasin him into that brush. MCCRACKEN Best get back to Kernville, file a report. RANKIN Eyep. EXT. KERNVILLE, CALIFORNIA MAIN STREET - EVENING Ex-Sheriff DAN OVERALL and Kern County Deputy Sheriffs GUS TOWER and JOHN COLLINS ride down main street toward the Sheriff’s office. EXT. KERN RIVER BRIDGE NEAR ISABELLA, CA - NIGHT JOHNNY SHOEMATE and LL ELLISON walking by the bridge. McKinney appears out of the dark and approaches with a shotgun leveled at them. The two men stop. Shoemate recognizes McKinney. SHOEMATE Hey Jim. Ain’t seen you in a long time. Heard you run off last year after... McKinney gestures with his rifle. MCKINNEY Shut up Shoemate. Either of you know where I can find Dave Ingram? SHOEMATE Ingram’s in Kernville.
84 McKinney gestures with his rifle to Shoemate. MCKINNEY Come on over here, Johnny. Shoemate and Ellison exchange glances, then Shoemate hesitantly joins McKinney. They walk a short distance away, out of earshot of Ellison. MCKINNEY I know the law’s hard after me, Johnny. Seen any of ‘em out lookin for me in these parts? (gestures to a bloody thigh wound) I already done been shot at. SHOEMATE I heard tell there was some, but I don’t know how many. MCKINNEY Who? SHOEMATE Gus Tower, Will Collins, Jack Turner, Dan Overall, a few others. MCKINNEY Dan Overall? That ole coot still alive? I’m gonna have to shoot him! He put me away a long time ago... TIME FADE – McKinney nods and pats Shoemate on the shoulder. MCKINNEY All right, Johnny, I best be on my way. They start back to where Ellison waits.
85 MCKINNEY You see Dave, tell ‘im Jim McKinney asked ‘bout him. Shoemate nods. SHOEMATE I will, Jim. You take care of yourself now. MCKINNEY I’ll be fine. You and your friend just move on, don’t tell no one you seen me here. INT. RANDSBURG HOTEL LOBBY - DAY Lovin dialing the telephone. On the other end Sheriff Kelly picks up in his office. INTERCUT - LOVIN AND KELLY LOVIN Sheriff Kelly...yes, this is Lovin, Mohave County Sheriff, Arizona... KELLY Yes yes, Collins said you were on McKinney’s trail. LOVIN Heard there was a fight near Kernville. KELLY Two deputies, McCracken and Rankin, ambushed McKinney. But he got away. LOVIN Alright...had to send half my posse back to Arizona to look after things. The rest of us will be taking a train Bakersfield.
86 KELLY Awright...see you when you get here. Lovin hangs up the telephone. INT. BAKERSFIELD DAILY CALIFORNIAN NEWSPAPER OFFICE - DAY With the pace of the search increasing, excitement grows, tension mounts. There’s a murmur of excited voices as newspaper reporters from around California are gathering in the offices of the Bakersfield Daily Californian, speculating on McKinney’s whereabouts. INT. BAKERSFIELD MARSHAL’S OFFICE - DAY Kern County Deputy Sheriff WILL TIBBET and Bakersfield City Marshal Jeff Packard at Packard’s desk, Packard on the telephone to Sheriff Kelly in his office. INTERCUT - PACKARD AND KELLY PACKARD We heard McKinney was hiding in Linn’s Valley. Deputy Sheriff Will Tibbet and I took a buggy out there to flush him out. No luck. KELLY We got law officers everywhere and no one has seen him since McCracken and Rankin shot at him out on the South Fork Road. Gotta feelin he’s right under our nose...someplace where we just aint lookin. (sighs) Anyway, I got a call from his brother, Jake, and Jake’s comin in for a talk.
87 PACKARD Maybe he can shed some light. KELLY Maybe. Kelly hangs up the telephone. EXT. CALDWELL RANCH - DAY McKinney arrives at the ranch, riding hard, the pack horse left behind. JOHN CALDWELL, a friend, meets him out front. MCKINNEY John, I need a favor... TIME FADE EXT. ROAD TO BAKERSFIELD - DAY Caldwell drives a horse drawn wagon. A large pile of hay covers the wagon bed. INT. BAKERSFIELD SHERIFF’S OFFICE - DAY Kelly sits at his desk, going over paperwork. There’s a knock on the door. Kelly looks up. The door opens slightly and JAKE MCKINNEY peeks through. JAKE Sheriff? KELLY Jake McKinney. (motions) Have a seat. Jake sits in a chair opposite Kelly. KELLY So, you wanted to see me about your brother.
88 Jake nods. JAKE Yeah, Sheriff. Jim ain’t in California. Least ways I don’t think so. I ain’t seen nor heard from him. Kelly stares at Jake across the desk. EXT. BAKERSFIELD SHERIFF’S OFFICE - DAY Jake leaves the sheriff’s office as Caldwell drives past with his wagon now empty of hay. Jake waves. JAKE Hello, John. Caldwell nods as he drives by. CALDWELL Jake. EXT. THE BREWERY SALOON - NIGHT Hulse staggers out of the Brewery Saloon and starts up L Street. TIME FADE ELSEWHERE ALONG L STREET, at an intersection, Hulse runs into a female ACQUAINTANCE. ACQUAINTANCE Well, Al Hulse, looks like you’ve been making the rounds. HULSE Just the Brewery Sa... A whisper in the dark interrupts. MCKINNEY (o.c.) Al?
89 They glance into the dark. HULSE Just a minute. Hulse turns his attention back to the female Acquaintance, eyeing her up and down. HULSE You’re lookin mighty fine tonight. How ‘bout if I buy you a drink... MCKINNEY (o.c.) Al, come here. I need to talk to you. The Acquaintance rests a hand on Hulse’s shoulder and smiles. ACQUAINTANCE Not tonight, Al. Some other time perhaps. (eyes to dark street) You’d better go see what he wants. Hulse nods as the Acquaintance brushes past him. He turns on the sidewalk and watches her walk away. MCKINNEY (o.c.) Al!? Hulse glances into the darkened street again, then crosses to the shadows of an overhanging roof on the other side. There he comes face to face with a ragged and wounded McKinney. MCKINNEY Al, you know me, don’t you? HULSE Of course I know you, Jim! What are you doin back here? People are gunnin for you.
90 MCKINNEY Look, I’m tired, been shot. I need a place to rest a few days. HULSE I’m shackin up at the Joss House with a whore. Just up the street a piece. You can stay at my place a few days. Come on. They start up the street. MCKINNEY Thanks Al. So, a whore you say? HULSE Yep, but don’t you git no silly ideas, Jim McKinney. They laugh. INT. BAKERSFIELD CONSTABLE’S OFFICE CONSTABLE MCKAMY sits at his desk, listening to the female Acquaintance that Hulse had met on the street earlier. Off to one side stand Deputy Sheriffs Gus Tower and John Collins, and ex-sheriff Dan Overall. CONSTABLE MCKAMY McKinney, you say? The Acquaintance nods. ACQUAINTANCE Sounded like him. I’m sure it was. Overall shakes his head. OVERALL I don’t believe it. He’d be a fool to come right into Bakersfield.
91 INT. BAKERSFIELD SHERIFF’S OFFICE - DAY Will Tibbet and Jeff Packard in Kelly’s office. PACKARD So, Jake McKinney said his brother’s still in Arizona, and he didn’t kill those people over there. Kelly nods. KELLY Eyep, that’s what he said. TIBBET (flippant) Well, I’m sure Sheriff Lovin will be delighted to hear that. PACKARD (to Kelly) I think you should call everyone in. Henry Lovin, Will Collins, all of them. KELLY In? TIBBET Bakersfield. PACKARD I think we’re goin to find Jim McKinney right here. Despite what his brother says. Kelly slowly rises from his chair. KELLY Whatever gave you an idea like that? PACKARD Call it a hunch.
92 EXT. BAKERSFIELD STREET - NIGHT BERT TIBBET, brother of Will Tibbet, walks down a street; he’s approached by a male INFORMANT. INFORMANT Bert Tibbet? Bert stops and turns. The Informant nervously approaches. BERT TIBBET Yes? The Informant glances hesitantly around, then turns his attention back to Bert, his voice now a whisper. INFORMANT I heard Jim McKinney’s back in town. And he’s stayin at the Joss House over on L Street. His eyes wide, the Informant swallows hard as he nods. INFORMANT You might wanna tell your brother or Packard. EXT. BAKERSFIELD STREET IN FRONT OF ARLINGTON SALOON - NIGHT Bert with City Marshall Jeff Packard. BERT TIBBET The man said he’s at the Joss House. Packard slaps Bert on the shoulder. PACKARD I’ll have it checked out. Bert nods. Packard smiles, then turns toward the Arlington Saloon’s entrance as Bert walks away. TIME FADE -
93 INT. ARLINGTON SALOON - NIGHT Smoke filled, murmuring, shouting, laughing crowd with barroom piano. Packard and McKamy are at the bar, having a drink MCKAMY Yeah, last night. She said McKinney was in town. But Overall don’t believe it. (takes drink) How ‘bout you? Packard glances at McKamy. PACKARD Yeah, maybe at the Joss House. McKamy’s eyes go wide with surprise. MCKAMY The Joss House? What are you talking about? HULSE (o.c.) Hey! Lawman! Packard and McKamy glance down the bar to see Hulse standing there on his way to a good drunk. HULSE I don’t think either one of you is fast ‘nough to take on ole Al Hulse. He chuckles and belches as both McKamy and Packard draw handguns and approach. HULSE In fact, I know you aint fast ‘nough to take Jim McKinney. He starts to laugh as McKamy and Packard flank him and lay the barrels of their handguns against each side of his head. A frightened Hulse falls silent as does most of the bar.
94 PACKARD (soft, cold) Anything else you have to say? Hulse, wide-eyed and terrified... HULSE Eh...n..no. MCKAMY Then get. They lower their guns. Hulse slowly backs away from the bar. He turns and hurries out of the saloon as McKamy, Packard, and the bar patrons watch. EXT. BAKERSFIELD STREET - NIGHT Hulse stares at the front of the Arlington Saloon as the bar noise of patrons start up again. HULSE Hmph. He turns and walks away, staggering as he goes. ELSEWHERE ALONG THE STREET, a short distance away, Hulse spots the lights and rowdy noise of the Exchange Saloon. He smiles, then starts toward it. INT. ARLINGTON SALOON - NIGHT Packard and McKamy at the bar. MCKAMY Now what’s this about the Joss House? Packard takes a drink. PACKARD McKinney may be at the Joss House.
95 MCKAMY How do you know that? PACKARD An informant. Told Bert Tibbet. I’m going to have it checked out. Packard downs the rest of his drink, then sets the glass down. PACKARD I gotta go. He slaps McKamy on the shoulder, then turns toward the entrance. INT. HULSE’S JOSS HOUSE ROOM - NIGHT A shirtless and shoeless McKinney stands next to the bed, zipping up his pants. Hulse’s live in roommate and middle aged prostitute, JENNIE FOX, lies on the bed, smiling, the sheet pulled up, hands clasped behind her head. MCKINNEY Al said not to do nothin silly with you. He starts to laugh as he reaches for his shirt. JENNIE Twernt silly at all! She starts to laugh as McKinney walks to the door and unlocks it.
96 INT. THE EXCHANGE SALOON - NIGHT A drunk Hulse, beer in hand, leans over the bar and to bartender WILLIAM FUGGETT. HULSE McKinney ain’t no more than 400 yards from where we’re standin. FUGGETT (disbelieving whisper) You don’t say... HULSE Yep... (takes a swig) ...I do say. INT. HULSE’S JOSS HOUSE ROOM - NIGHT McKinney sits on the edge of the bed, checking his rifle. Jennie still lies on the bed behind him. MCKINNEY I gotta funny feelin... JENNIE ‘Bout what? MCKINNEY Somethin goin to go down soon. I know it. JENNIE Like what? MCKINNEY Shootin, and when it starts, you better be somewhere else.
97 EXT. L STREET - NIGHT Hulse staggers down the street, heading back to the Joss House. EXT. JOSS HOUSE - NIGHT Hulse arrives and staggers into the Joss House. Packard steps out of the shadows after Hulse is gone. EXT. BAKERSFIELD STREET - DAY Bert Tibbet strolling in downtown Bakersfield. SUPER: “7 AM, Sunday, April 19, 1903" Bert hears a horse and buggy behind him. He stops and turns to see City Marshall Jeff Packard approaching. Packard draws up alongside and reins his buggy to a stop. Bert smiles. BERT TIBBET So, Jeff, what brings you out so early!? PACKARD McKinney. BERT TIBBET McKinney? Packard nods. PACKARD The information you gave me last night checks. We’re going to take McKinney. Your brother wants you with us. BERT TIBBET All right. I’ll meet you at the sheriff’s office. Going to stop by my house, pick up my shotgun. Need to be better armed.
98 Packard nods. PACKARD Kelly, Collins, and I are going to the train station to meet Lovin. He’s due in about now. We’ll see you at the sheriff’s office. (shakes reins) Hah! Bert watches as Packard pulls away. EXT. BAKERSFIELD TRAIN DEPOT - DAY A train in the depot, the station busy with people coming and going, luggage handlers here and there. Standing on the platform are Packard, Sheriff’s Kelly and William Collins. Lovin joins them, offering a hand to Packard. LOVIN Jeff. PACKARD Henry. INT. BAKERSFIELD SHERIFF’S OFFICE Kelly, Collins, Lovin, Packard, Bert and Will Tibbet, Kern County Undersheriff Thomas Baker, Deputies Gus Tower, James Quinn, and Deputy Bakersfield City Marshal Ernest Etter are gathered in the sheriff’s office. WILL TIBBET We’re sure McKinney’s in the Joss House. Only problem is, we don’t know which room. Packard steps forward.
99 PACKARD There’s two floors and a basement. I propose that Will and I flush him out starting in the basement first and working our way to the second floor...if necessary. Packard walks to the sheriff’s desk and unrolls a city block map of the Joss House area, tacking the corners down with desk items. The others gather around. PACKARD Now, the rest of you will be stationed around the Joss House at key points. (points) Henry, you here at the corner of L and 21st Streets. (points) John Kelly, you here across from the Joss House. (points) Gus in China Alley... TIME FADE WILL TIBBET So as not to attract attention, we’ll split up, go in groups. PACKARD All right. Let’s get McKinney. EXT. BAKERSFIELD SHERIFF’S OFFICE - DAY The lawmen file out. Outside are two buggies; across the street a bus waits. Collins, Baker, Tower, Quinn, Bert, and Etter cross the street to the bus. Will Tibbet and Packard climb into Packard’s buggy. Lovin and Kelly climb into Kelly’s buggy. Packard glances around, then shakes the reins. PACKARD Hah!
100 INT. JOSS HOUSE BASEMENT ROOM Jennie, stoned, sits in the opium den with a CHINESE MAN, smoking opium. Jennie rises. JENNIE Albert should be awake by now. I gotta go. She leaves the room. ELSEWHERE IN THE JOSS HOUSE, HULSE’S ROOM, McKinney sits in a chair inspecting his shot gun while Hulse sits on the edge of the bed, suffering a hangover. MCKINNEY I caint stay much longer. The law is goin to find out I’m here. Hulse runs fingers through his hair. HULSE A couple more days. Jennie and I’ll go with you... (glances around) ...where is that bitch, anyhow!? MCKINNEY Haven’t seen her. HULSE Out pimpin herself behind my back, I’ll bet. She knows she aint ‘spose to be doin that without my okay. The door suddenly opens. McKinney jumps up, pointing his shotgun. A stoned and smiling Jennie enters. Hulse glares. HULSE Where in Hell you been?!
101 EXT. CORNER OF 21st AND L STREETS - DAY Kelly and Lovin pull up along L Street just south of 21st. Lovin takes up his post at the corner of 21st and L while Kelly crosses to the west side of L Street and walks toward the Joss House. The bus passes Kelly on L Street. ELSEWHERE ALONG L STREET, the bus stops at the corner of L and China Alley. Bert, Ernst Etter, and Gus Tower disembark. The bus drives on. Bert crosses L Street to the alley opposite China Alley. Etter takes up his post at the corner of China Alley and L Street (across from the Joss House). Tower enters China Alley heading east along the north wall of the Joss House. EXT. STREET A BLOCK BEHIND THE JOSS HOUSE - DAY The bus pulls up. Baker, Collins, and Quinn disembark. Spacing themselves apart, they slowly walk down the sidewalk with their guns drawn. EXT. L STREET - DAY Packard and Will Tibbet ride down L Street, pass through the intersection of 21st and L, nod at Lovin, then Kelly as they pull up in front of the Joss House and stop. Armed with shotguns, they step from the buggy and onto the sidewalk.
102 BEGIN MONTAGE. A) Lovin, alert and ready on the corner of 21st and L Streets. B) Kelly, alert and ready across L Street from the Joss House. C) Bert, alert and ready across L Street from China Alley. D) Etter, alert and ready on the corner of China Alley and L Street. E) Tower, alert and ready in China Alley. F) Baker, alert and ready on the block behind the Joss House. G) Collins, alert and ready on the block behind the Joss House. H) Quinn, alert and ready. END MONTAGE. Packard and Will Tibbet on the sidewalk in front of the Joss House. Packard looks at Will and sighs. PACKARD Well, let’s go in and get him. Will nods. They descend the stairs to the basement. INT. JOSS HOUSE BASEMENT Packard and Will Tibbet, weapons ready, slowly walk a basement hall, checking rooms as they make their way to the back of the building. No McKinney. At the back of the building, they climb the stairs to the first floor kitchen.
103 ELSEWHERE IN THE JOSS HOUSE, THE KITCHEN, Packard and Will Tibbet appear in the kitchen from the stairs to the cellar. They turn; Packard nods toward a door - Hulse’s room. ELSEWHERE IN THE JOSS HOUSE, IN HULSE’S ROOM, McKinney and Hulse, armed - McKinney with a shot gun and Hulse with a rifle, stand at the foot of the bed while Jennie stands between the bed and a near wall. MCKINNEY I’m tellin you, Al, I’m gonna have to leave soon. HULSE Sure Jim. Tonight we can... There’s a sudden knock and all three glance to the door. WILL TIBBET (o.c.) Who’s in there!? Open the door! McKinney and Hulse exchange glances. MCKINNEY We’re in for it. HULSE Yeah, let’s get to it. ELSEWHERE IN THE JOSS HOUSE, HALLWAY OUTSIDE HULSE’S ROOM, Packard, Will, and the Chinese man stand outside the door. Packard sighs as he turns to the Chinese man and gestures to the door. PACKARD Unlock and open it. The Chinese man shakes his head. CHINESE MAN No key. Still shaking his head, the Chinese man mutters under his breath as he turns and walks away. Packard turns to Will.
104 PACKARD We’ll just kick it in. WILL TIBBET I’ve got a pass key I brought with me. Will leans his rifle against the wall next to the door, pulls a key ring from an inside coat pocket, then starts going through the keys. WILL TIBBET Let’s see here... ELSEWHERE IN THE JOSS HOUSE, IN HULSE’S ROOM, Hulse quietly moves to one side as McKinney steps forward, unlatches the door, then steps back, his shotgun ready. ELSEWHERE IN THE JOSS HOUSE, THE HALLWAY OUTSIDE HULSE’S ROOM, Will reaches for the door with his pass key. The door creeps open a few inches. Packard and Will exchange glances, then Will swings the door wide while reaching for his shotgun. Packard sees McKinney in the middle of the room, his shotgun raised and aimed at Will. PACKARD Look out, Will! He’s got you! Packard fires at McKinney over Will’s shoulder as Will wheels left toward the door leading out the back. In the room Jennie dives to the floor between the bed and wall. As Will wheels left, Hulse fires at him, catching Will in his right side. At the same time, McKinney fires his shotgun at both Packard and Will, hitting them both.
105 EXT. L STREET - DAY Hearing the gunshots, Lovin runs up L Street toward the Joss House. ELSEWHERE ALONG L STREET, Kelly hurries across the street toward the entrance to China Alley. ELSEWHERE ALONG L STREET, Bert Tibbet hurries across the street to China Alley. Bert pauses at the alley entrance as he sees Kelly and Lovin hurrying toward him down the L Street sidewalk in front of the Joss House. BERT Come on! Bert immediately ducks into China Alley, Ernst Etter already in the alley, running toward the backyard gate. INT. HALLWAY OUTSIDE HULSE’S JOSS HOUSE ROOM A badly wounded Will Tibbet lurches through the back door of the Joss House. EXT. BACKYARD OF JOSS HOUSE - DAY Will staggers across the stoop, down the steps, then collapses at the foot of the steps. ELSEWHERE IN THE BACKYARD OF THE JOSS HOUSE, AT THE DOOR, a wounded Packard is thrown against the door jam due to the gunshot. There’s two more shots, simultaneously, both scoring hits on Packard. The force of the gunshots blow Packard out the back door and into the yard. Packard, badly wounded in the neck, right shoulder, and both arms, struggles to his feet. He staggers toward two water closets, collapsing behind an open water closet door for cover.
INT. HULSE’S JOSS HOUSE ROOM Jennie jumps to her feet, glances at Hulse, then bolts from the room. HULSE Jennie! He drops his shotgun and goes after her as McKinney stares at them. ELSEWHERE IN THE JOSS HOUSE Hulse runs after Jennie through the kitchen and into the front room. ELSEWHERE IN THE JOSS HOUSE Hulse catches Jennie in the front room next to the near the staircase leading upstairs. Hulse grabs her by the shoulders and spins her to face him. HULSE Where in Hell you think you’re goin?! He whips open the closet door beneath the staircase and shoves her inside. HULSE You stay in there ‘till I get you out. And don’t go sayin nothin ‘bout me being here! He slams the closet door shut, then locks it. INT. HULSE’S JOSS HOUSE ROOM McKinney, shotgun in hand, leaves the room. ELSEWHERE IN THE JOSS HOUSE, McKinney walks to the backdoor and looks out, sees Will Tibbet crumpled at the bottom of the steps.
107 EXT. JOSS HOUSE BACKYARD GATE ON CHINA ALLEY - DAY Ernst Etter arrives, kicks the gate open, and enters the backyard. EXT. JOSS HOUSE BACKYARD - DAY Etters pauses just inside the gate, sees McKinney standing in the open Joss House back door. Etter fires at McKinney with a hand gun, but misses. McKinney ducks back inside as Etter continues to fire. INT. JOSS HOUSE FRONT ROOM Hearing the gunfire, Hulse glances toward the kitchen, then pulls out a handgun and turns toward the front door. He pokes his head out the front door, finds L Street deserted, and hesitantly, pistol in hand, he leaves the house. EXT. SIDEWALK IN FRONT OF JOSS HOUSE - DAY Hulse walks south on L Street toward 21st Street, occasionally glancing back to make sure no one is following. EXT. JOSS HOUSE BACKYARD - DAY Bert arrives in the back yard just as Etter fires a last shot at the now empty doorway in the rear of the Joss House. Etter lowers his gun, then notices Packard behind a water closet door. Etter hurries to Packard as Lovin and Kelly arrive in the back yard. PACKARD Come in! Come on in! Bert starts across the yard toward Packard, his shotgun ready, thinking McKinney’s hiding in the other water closet. He raises his gun, about to shoot...
108 PACKARD No! He’s behind you...in the door! BEGIN SLOW MOTION AND SOUND. Packard points; Bert half-turns to his right. McKinney stands in the doorway. Bert fires, catching McKinney in the neck, knocking him onto the floor inside the door. INT. JOSS HOUSE KITCHEN Wounded, McKinney struggles to his feet and hurries to the kitchen window looking out on China Alley. EXT. CHINA ALLEY - DAY Gus Tower, running up the alley toward the back yard gate, sees McKinney at the window. Gus shoots with a pistol, but misses. INT. JOSS HOUSE KITCHEN McKinney ducks back into the kitchen away from the window as it shatters. EXT. JOSS HOUSE BACKYARD - DAY Bert kneels with his fallen brother at the foot of the steps. He glances up, sees McKinney appear at the back door. Bert swings around, shooting at McKinney with his shot gun. The shot hits McKinney on the left side of his face. McKinney drops his gun out the back door while... INT. JOSS HOUSE KITCHEN ...the force of the shot sends McKinney back inside against the railing behind him that lines the stairs leading to the basement. McKinney hangs over the railing, face down, dead.
109 EXT. JOSS HOUSE BACKYARD - DAY Bert kneels with his brother as Etter and Lovin tend to Packard. Tower enters the kitchen,... INT. JOSS HOUSE KITCHEN ...pulls McKinney’s dead body... EXT. JOSS HOUSE BACKYARD - DAY ...out onto the rear stoop as Newspaper Reporters, some with flashing cameras, enter the backyard from the alley. EXT. L STREET - DAY Hulse continues to walk away on L Street, shoving his pistol into his pants waist. END SLOW MOTION AND SOUND. CUT TO: SPLIT SCREEN LIVE ACTION LEFT SCREEN In Scotty’s Chop Shop, McKinney firing through the window at the poker game going on in Zalud’s saloon and laughing. FADING TEXT RIGHT SCREEN “James McKinney died at the Joss House shootout of wounds received from Bert Tibbet. He was secreted out of Bakersfield the same morning, arriving at the home of his mother near Porterville on April 21, 1903. After a short and private ceremony, McKinney was buried in an unmarked grave in the Porterville Cemetery.” LIVE ACTION LEFT SCREEN Will Tibbet climbs into Packard’s buggy with Packard as they prepare to leave the Bakersfield Sheriff’s Office for the Joss House.
110 FADING TEXT RIGHT SCREEN “Deputy Sheriff William Edward Tibbet died just before 1PM on the same day as the Joss House shootout. He was buried on April 21, 1903 in Bakersfield’s Union Cemetery with full honors of The Workers of the World, The Native Sons, and The Fraternal Order of Eagles.” LIVE ACTION LEFT SCREEN In the Arlington Saloon, Packard confronting Hulse at the bar, leveling his gun against the side of Hulse’s head. FADING TEXT RIGHT SCREEN “City Marshal Thomas Jefferson Packard died the following morning, April 20, 1903, at 5 AM from wounds received in the Joss House shootout. He was buried the next day, April 21st, in Bakersfield’s Union Cemetery with full honors of The Fraternal Order of Eagles and The Benevolent Protective Order of Elks.” LIVE ACTION LEFT SCREEN Jennie, having made love to McKinney in Hulse’s Joss House room, pulls up the sheet to cover her and laughing as McKinney walks to the door to unlock it. FADING TEXT RIGHT SCREEN “After the Joss House shootout, Jennie Fox was found in the closet beneath the front staircase by Constable McKamy. She was arrested and taken to jail as an assessory to the shooting. Although she remained in jail for several months during the Alfred Hulse murderer trial, she was never charged and eventually released. After her release, she disappeared into history.” LIVE ACTION LEFT SCREEN Al Hulse walks down L Street, glancing around.
111 FADING TEXT RIGHT SCREEN “Within an hour Al Hulse was arrested and taken into custody by Sheriff Kelly and Deputy Tower. He was held in the Kern County Jail while standing trial for the murder of Marshall Packard and Deputy Marshal Tibbet. In July 1904, he was sentenced to life in Folsom Prison. His sentence appealed, he remained in the Kern County Jail until his death on October 14, 1906 when he cut his throat with a razor acquired from jail workers for his weekly ‘Sunday shave.’” FULL SCREEN ON Hulse walking away on L Street. A few of the curious are beginning to appear, walking toward the Joss House. TIME FADE A buggy with Kelly and Tower pulls up to Hulse from behind. Hulse stops. There’s an exchange of words. Tower and Kelly pull guns. Reluctantly, Hulse hands his gun over and climbs into the buggy. They pull away. SUPER: “The Joss House no longer exists on L Street in Bakersfield. However, a plaque in the sidewalk marks the location of the famous gunfight of April 19, 1903.” FADE OUT THE END FADE TO BLACK