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      MA

      Oh, he can... If he will.

      TODD

      Yes... If he will.

      EXT. RED RIVER BRAKES - MID-DAY

      Todd on Comanche picks his way through a thicket, wary, stopping often to look around. He comes out into the open and draws rein to sit and gaze in admiration at the Oldham mansion, which he has never seen before. After a short

      pause he rides on toward it.

      EXT. OLDHAM MANSION

      As Todd comes near, two savage dogs bound out, barking, snarling and circling Comanche, but keeping out of range of his hooves.

      TODD (CONT'D)

      (to the dogs)

      You better stay back! He can send

      you to dog hell with one swipe of a hoof.

      LIEUTENANT BILL OLDHAM, the colonel's son, in Confederate uniform, comes down the steps and halts. He has an arrogant face and a swaggering manner. He holds a pistol at his waist, leveled at Todd.

      BILL OLDHAM

      Stop and state your business!

      Todd pulls up and sits eyeing him. Colonel Oldham comes out the front door, stops at the head of the steps and steadies himself on a bannister. The dogs wait, watchful.

      COLONEL OLDHAM

      Hold back, Bill.

      TODD

      (to the colonel)

      I'm Todd Blair, sir. Nathaniel Blair's boy.

      Bill Oldham casts a smirking glance up at his father, without lowering the pistol. Colonel Oldham is at a loss for a moment before his sense of courtesy asserts itself.

      COLONEL OLDHAM

      Get down and come in, Todd. You're

      welcome.

      (to Bill)

      Call off those dogs! And put that gun away!

      Bill obeys, but abruptly walks away, ignoring Todd, who dismounts as CABUS enters the frame: a grizzled slave well along in years but hale and hearty. He takes the reins from Todd, surveying him with a slight, mocking smile.

      TODD

      (handing the reins to Cabus)

      Okay, Comanche.

      Colonel Oldham and Cabus look curiously at Todd, hearing a horse addressed thus. Todd mounts to the top of the stairs. Colonel Oldham holds out his hand, and Todd takes it.

      The eyes under the colonel's bushy brows are kindly enough but suggest that any great disagreement with him is nonsense he won't stand for. Yet his hand trembles, and he cannot hide it that age and illness have made inroads. Todd frowns, troubled by the colonel's condition. He ushers Todd into the parlor.

      INT. OLDHAM PARLOR

      COLONEL OLDHAM

      You're just in time for dinner, sir. Lizzie! We've got company.

      LIZZIE OLDHAM, a motherly, bustling woman much younger than the colonel, comes energetically into the room.

      COLONEL OLDHAM (CONT'D)

      This is Todd Blair, my dear.

      Lizzie Oldham's eyes and manner show how appealing she finds this handsome young man. She takes his hand, smiling.

      LIZZIE OLDHAM

      I'd know you for a Blair anywhere.

      You have the family eyes.

      Todd looks away, embarrassed and shy, surprised that she knows anything about his family.

      LIZZIE OLDHAM (CONT'D)

      Come in and join us, Todd. We were just ready to sit down to dinner.

      TODD

      Yes m'am. Thank you kindly.

      Todd looks around, then lays his hat on a lacy sofa pillow. They move toward the dining room, Mrs Oldham first, with the colonel insisting that Todd precede him.

      INT. OLDHAM DINING ROOM

      The room is the picture of elegance, intimidating to country boy Todd. Throughout this scene he tries manfully but with no great success to put on genteel table manners. The colonel shows him to a chair, then he and his wife sit down. At this moment Bill Oldham stalks in and takes his accustomed place.

      COLONEL OLDHAM

      (to Bill, reproachfully)

      Bill, Todd is our guest.

      BILL OLDHAM

      (with an imperious nod)

      How do you do.

      TODD

      (half-bowing from his

      chair)

      Sir.

      Both parents look embarrassed by their son's rudeness. All of a sudden, THREE TEEN-AGE GIRLS in shirt waists and sweeping skirts enter the room, in high spirits. MILLIE AND CONNIE OLDHAM are pretty, but JENNY TICKNOR is beautiful.

      Her long brown hair gives off a sheen of light when her head

      moves. Her cheeks are the color of wild plums turned rich ripe. Her hazel eyes rest unabashedly on Todd, all but paralyzing him. [Suggested Music: "LORENA,"as a theme for Jenny throughout].

      COLONEL OLDHAM

      (heartily)

      Ladies, this is Todd Blair. Sir, our daughters Millie and Connie. And our neighbor, Jenny Ticknor.

      Todd stands up and bows, awkwardly, The girls coyly murmur their acknowledgments, with arch looks and beaming smiles.

      Todd cannot repress a troubled frown when he hears Jenny's last name, assuming that she is Colonel Ticknor's daughter.

      Noticing his frown, though unaware of the cause, Jenny blushes deeply. Two slave women begin to serve, but the atmosphere is tense, from Todd's uneasiness and Bill Oldham's arrogance. Determined to relieve the stress, the colonel hits on a topic he feels is safe.

      COLONEL OLDHAM (CONT'D)

      By the way, Todd, that pony of yours. I've heard about him. I think everybody in the county has.

      TODD

      (brightening)

      Purty near, I expect. I've raced him again so many.

      COLONEL OLDHAM

      And never lost yet. Is that right?

      TODD

      Yes sir, that's a fact.

      COLONEL OLDHAM

      Well, where in the dickens did

      you get him?

      TODD

      A trader from the Territory might

      near give him to me. Said he was a

      captured Indian pony and not worth

      a dime for nothing. Showed how much

      he knowed about it. Comanche ain't

      only fast, he's might near smart

      enough to talk.

      COLONEL OLDHAM

      (LAUGHING HEARTILY)

      Mainly to you, I expect.

      Now more at ease, Todd exchanges shy glances with the girls, chiefly Jenny, his face and eyes glowing. Jenny returns every glance with a smile and heightened color in her cheeks. Bill Oldham occasionally darts a withering glance at Todd, and a jealous one at Jenny. She ignores him.

      EXT. LOWER VERANDAH OF OLDHAM MANSION - EARLY AFTERNOON.

      Todd and Colonel Oldham emerge from the front door and sit down in high-backed rockers facing outward. From here they have an easy view of most of the plantation, from the nearer

      cotton fields with busy pickers on their R. across the front grounds toward the river and around on their L. to the barns, stables, corrals etc.

      Colonel Oldham and Todd look around from time to time during the following talk, each aware in his own way that this scene is representative of what is at stake in the war.

      COLONEL OLDHAM (CONT'D)

      Well, my boy, what can I do for

      you?

      TODD

      Uh...it's about Pap, sir. He...

      he's not guilty of any crime.

      COLONEL OLDHAM

      Well, if not, what comes out in

      his trial'll prove him innocent.

      TODD

      Begging your pardon, sir, but that...citizens' court, what's the need of it? The reg'lar fall term of district court begins right away. Why can't the men be tried there?

      COLONEL OLDHAM

      No sir! We discussed that. Too slow. The situation calls for prompt action. In wartime certain procedures are properly suspended. All the same, the court will observe every legality. Attorneys to defend the accused and so

      on. And the jurymen are responsible

      citizens. They'll render just verdicts.

      Oldham's breath is now coming quickly. His hands quiver as he grips the chair arms in a vain attempt to cont
    rol them.

      TODD

      Not to dispute your word, sir, but how can such a court be legal?

      COLONEL OLDHAM

      Like I say, wartime emergency. Suspension of habeas corpus, for one thing. You ever heard of habeas corpus?

      TODD

      No, sir.

      COLONEL OLDHAM

      You see there! My boy, you'd better leave interpretation of the law up to men who understand it?

      Todd sits casting about for some reply.

      COLONEL OLDHAM (CONT'D)

      But I want you to know I admire the way you stand up for your daddy's rights. That's what this war's all about, rights! Southern rights!

      Colonel Oldham stops, scowling, troubled by his own ambivalence. Todd does not know what to say. He nevertheless looks the colonel in the eye. Colonel Oldham's brows remain knit, and his gaze does not falter.

      After a moment, both men look away. The colonel becomes occupied in surveying his domain. At this moment the three girls appear in the distance toward the river, dressed in fancy gowns and twirling parasols, like the most elegant ladies the South ever bred out for a stroll.

      COLONEL OLDHAM (CONT'D)

      (chuckling, indulgent)

      Oh, those girls! I asked them not to try on their new dresses yet. But the minute my back was turned... Oh, they were eager for that ball Colonel Ticknor was planning, let me tell you! Good opportunity to meet young officers from Confederate units in the neighborhood.

      Colonel Oldham becomes visibly aware that the scene before them widens more than ever the gap across which his world and Todd's cannot communicate. Both watch the girls fascinated and frustrated. Todd looks woebegone.

      TODD

      (rising after a brief pause)

      I guess I better see what's going

      on in town. The trials're supposed

      to commence today.

      COLONEL OLDHAM

      Well under way by now, I'm sure.

      But hold on. Bill came in from town

      right before dinnertime. He can give us a full report. Hey, one of you niggers, Go tell Marse Bill to come out here.

      Bill Oldham steps out through the door. A suspicious glare from Colonel Oldham makes it evident that Bill has been eavesdropping and expecting to join Todd and his father.

      BILL OLDHAM

      Yes, Pa. What is it?

      COLONEL OLDHAM

      We've not had a chance to talk

      since you got home. How're the

      trials going?

      BILL OLDHAM

      First session came off this morning. They sentenced the two Childs brothers to hang.

      Todd catches his breath. Colonel Oldham is taken aback.

      COLONEL OLDHAM

      Well, what was it like? What

      defense did their attorney offer?

      BILL OLDHAM

      They had no attorney. Out of the

      three lawyers in Milcourt, two

      refused to defend traitors. The

      other one's a traitor himself. He

      skipped town just ahead of the law.

      COLONEL OLDHAM

      On trial for their lives and no

      defense counsel! Well...what did

      they say in their own defense?

      BILL OLDHAM

      (shrugging)

      Offered excuses. Admitted belonging

      to that order. Purpose of the order

      was treason and murder. Open-and-shut cases.

      COLONEL OLDHAM

      The jury actually convicted men on

      such grounds?

      BILL OLDHAM

      Well, seven of the jury found the

      charges convincing enough. They

      decide by majority vote.

      Todd is overwhelmed, eyes burning with indignation. The colonel grips his chair arms white-knuckled. His eyes bear

      down on his son as if to pierce to the core of him. He can scarcely keep his voice steady.

      COLONEL OLDHAM

      (to Bill)

      Would you mind stepping away? I'd

      like a private word with Todd.

      Bill Oldham leaves offended and as insolent as ever. Colonel Oldham slumps in his chair. His head trembles. He looks more like a sick old man than ever. Todd maintains a respectful silence, knowing how shocked the colonel is.

      COLONEL OLDHAM (CONT'D)

      We never considered we'd have

      trouble finding attorneys for

      the accused

      TODD

      If you turned this over to the

      district court, the judge'd have

      to appoint defense lawyers.

      COLONEL OLDHAM

      We can't do that! The case is too

      urgent, I tell you!

      TODD

      (driven to boldness)

      You mean Ticknor and his bunch won't let you do it.

      COLONEL OLDHAM

      I'll tell you this! We never authorized passing sentence by majority vote! I'll reconvene that committee! The Childs brothers must have a new trial!

      He starts to stand up but sinks back exhausted. Todd rises

      ready to help, but hesitant to offer too quickly. The colonel looks at him defensively.

      COLONEL OLDHAM (CONT'D)

      I'm all right. Just a little tired.

      I...better not try to go to town

      today. But I'll come tomorrow for

      sure.

      TODD

      I'd be mighty grateful, sir.

      COLONEL OLDHAM

      You can depend on it, by George!

      Todd is far from satisfied but knows he cannot insist. He reaches out for a farewell handshake. The colonel struggles to his feet and responds, but it is difficult for him to stand.

      TODD

      I'll be there tomorrow too.

      COLONEL OLDHAM

      Good!

      (to Cabus, who is sauntering by)

      Cabus! Go saddle Marse Todd's horse.

      Cabus goes, but taking his own sweet time.

      EXT. OLDHAM PLANTATION, CORRAL - AFTERNOON.

      Todd enters the corral. Comanche walks over to him from a feed trough. Todd takes his saddle hanging over the top rail of the corral and begins to saddle up. Cabus at last appears. He stops and chuckles.

      CABUS

      What you want'a do's wait. The

      kunnel say for me to saddle that

      hoss.

      TODD

      I'm in a fair hurry. And I'm used

      to taking care of myself. Ain't yet

      discovered I need any slave to wait

      on me.

      CABUS

      I 'speck not, coming out'a folks ain't got a dime to they name.

      TODD

      (mounting)

      See if you can open that gate.

      Cabus plods over and opens the gate. As he swings it back and Todd rides through, the girls appear nearby, still on their stroll. They and Todd notice each other at the same time. Todd reacts by touching his heels to Comanche's flanks, who takes off like a jack rabbit.

      Todd half turns in the saddle, lifts his hat and swings it in an arc over his head. The girls wave their parasols. Jenny pulls out a lace handkerchief, waves it for a moment, then tosses it in the air. It settles gently to the ground. Cabus looks on scowling. He winces on seeing the flirtation with the handkerchief.

      EXT. PRAIRIE RIDGE SOUTH OF THE RIVER - DAY

      Todd rides slowly along. In the sky are motionless

      ballooning clouds with sunlit edges. Todd looks up and comes to a sudden halt. Approaching him, at a distance, is another

      rider. Todd waits. The other rider sees him too, waves. They advance to meet each other. We soon see the rider's face, troubled on recognizing Todd: AFTON THATCHER, a scrawny, beak-nosed individual--no man could look more like a scarecrow on a horse. The two stop facing one another, stirrups almost touching. Thatcher reaches out, Todd likewise, and they shake hands. The look on each face is ominous.

      THATCHER

      Hello, Todd. I...I uh reckon you

      ain't heard.

    &
    nbsp; Todd tenses up, takes a deep breath.

      THATCHER (CONT'D)

      (continuing)

      They hung Henry and Ephraim Childs

      a while ago.

      Todd grasps the saddle horn for support.

      TODD

      In the name of God! They only tried

      'em this morning!

      THATCHER

      Why yes! Yes! That ain't no jury,

      Todd! No jury to it! Just hang

      whoever they take a notion to.

      And on a majority vote, mind you!

      TODD

      I heard about that.

      (continuing after a pause)

      Who all's on that jury, anyhow?

      THATCHER

      The clerk tacked a list on the

      courthouse door. I writ 'em down.

      Here. If you can make out my pore

      handwritin.

      Afton takes a scrap of paper from his pocket and hands it to Todd, who studies it with burning eyes.

      THATCHER (CONT'D)

      I'd let you keep this list, Todd.

      Only...

      TODD

      (handing him the paper)

      I ain't about to forget a one of

      their names. Now or ever...

      (hesitates, then)

      It figures, don't it. Seven of

      them men are slave holders, I know

      for a fact. They vote together,

      and there's your majority.

      THATCHER

      Why shore! That's why this has gotta be put a stop to! Why! even as it is, Milcourt'll never be the same again. That tree... You think I can ever go near that tree again?

      TODD

      What tree?

      THATCHER

      Why, that big old elem on Pecan Creek.

      That's what they hung 'em from!

      They look at each other stupefied: neither knowing what to say about a well-known landmark turned all at once into a gallows.

     


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