by Elmer Kelton
JENNY
Yes?
TODD
I was on my way to talk to Colonel Oldham this morning, yes. But besides that I...wanted to talk to you.
JENNY
Why me?
TODD
Because I had hopes you could maybe...persuade your uncle...
JENNY
Persuade him?
TODD
He...carries a lot of weight with the jury. Plus which, if the prisoners do go free, once they're out'a sight of the courthouse that mob may jump in and lynch 'em anyhow. Ain't nobody could stop that only maybe Colonel Ticknor.
JENNY
Todd! Uncle James is a law-abiding man. That's why he wanted to see this done by a jury. I don't have to ask him. He won't stand for any lynching!
Disappointed and stymied, Todd turns and glowers ahead. Jenny looks confused, but clearly she wishes to reach Todd as much as he does her.
JENNY (CONT'D)
But of course...others, like the militia officers, they might look the other way if the mob took
over. Uncle James could be warned about that. Is that what you mean?
TODD
(it is not, but...)
Yes.
JENNY
And you think if I speak to him...
TODD
Yes.
JENNY
He'll be...displeased. He's very proud of doing his duty... As he sees it.
They both are well aware now that more is passing between them than even the vital subject of the trials. A suppressed eagerness and magnetism come into their every look and word.
JENNY (CONT'D)
I'll mention what you did for me today, too. That oughta help... Yes, Todd, I'll speak to him.
They ride knee to knee now. Each one yearns to touch the other, but they are scared and shy.
TODD
The sooner the better, too. Some way or n'other we have to get you to town.
JENNY
Yes. Because he won't be home till the trials're over.
The sudden nearness between them brought on by the pact they have made is for the moment too much to face openly. They
ride on in thrilled silence
EXT. APPROACHING THE TICKNOR HOUSE
CABUS
(as the house comes in sight)
Whoo-eee! Is I ever glad to see that!
The TICKNOR HOUSE is a two-story plantation-style structure, much like the Oldham mansion, only less imposing and elaborate. Todd stops and wraps his slicker around the Spencer to hide it. Cabus rides forward.
JENNY
We made it, Uncle Cabus, Thanks to Todd
CABUS
Yes'm! He come in mighty handy.
(holding out the pistol to Todd)
Here. They say I ain't supposed to touch no gun.
Though Todd smiles and nods, accepting the gun, Cabus maintains a stern and disapproving face. People now come rushing out to meet them: TWO MALE SLAVES and FOUR OF THE MILITIAMEN here to guard the Ticknor family. MRS TICKNOR herself, a plump and hearty woman, with her TWO DAUGHTERS of eight and ten beside her, stands waving from the back door. Todd, Jenny and Cabus ride up and dismount. Mrs Ticknor effusively invites Jenny and Todd in to dinner.
EXT. TICKNOR FRONT PORCH
The meal is over. Todd and Jenny are just emerging onto the front porch. Mrs Ticknor is following, stops in the open doorway, smiling and rosy-faced.
MRS TICKNOR
Todd, we have so much to thank you for! I only wish my husband could be here to thank you too.
Jenny looks grave. Todd nods and tries to smile.
TODD
Yes'm. And I sure do thank you for the good dinner. But if you'll excuse me, ma'm, I have to get to town.
Todd and Jenny leave her standing in the doorway beaming after them as they walk away. She knows.
EXT. CORRAL
Todd is watering Comanche at a wooden trough. Jenny stands on the other side of Comanche's head, gazing at him.
JENNY
Is it all right to touch him.
TODD
Lord yes! For you it is.
Jenny runs her hand along Comanche's mane.
JENNY
(tenderly)
Comanche.
Todd looks on with enchanted love.
JENNY (CONT'D)
You must be a wonderful horse, Comanche, Todd thinks so much of you.
TODD
Best horse as ever was.
(Lowering his voice)
None too handsome though.
Jenny puts her arms around Comanche's head and kisses him lightly above the eye.
JENNY
Handsome is as handsome does.
Todd looks as if his insides are doing flips.
TODD
Then he's handsome for sure.
Jenny stands back, leans against the corral fence and suddenly takes on a serious tone.
JENNY
To be frank, Todd, Uncle James is not only headstrong, he has a bad temper. He used to be a more generous man, but the war's changed him. He's...He'll stop at nothing to uphold the Confederacy. But I'll try my best to...soften him.
Todd is saddling Comanche, but every glance he can spare he directs lovingly at Jenny.
TODD
I know you will. What we have to think of now is how to get you to where he is.
JENNY
I'll make one of the militia boys take me to town. Tomorrow.
Todd turns and takes her hands in his. They long to kiss, but love at this pitch still frightens them. Todd then slowly lifts one of Jenny's hands, then the other, to his lips. They stand for a moment rapt. The glow in Jenny's eyes is blissful. In another second they would be kissing, but Cabus appears around a corner of the corral shed and stops. Todd can hardly keep his temper, but as Jenny remains calm, so does he. They whisper goodbyes. Todd mounts and rides away without acknowledging Cabus's presence. As Todd turns to look back, Jenny is still leaning against the corral fence. She waves, but no lace handkerchief, no merriment, this time. She moves her hand slowly back and forth, as if losing sight of
Todd is a trauma.
EXT. THICK WOODS EAST OF MILCOURT - DAY
Todd rides into a deep ravine where rocks tower out of thick brush. Dismounting and scrambling up to a crevice in the rocks, he hides the slicker-wrapped Spencer and climbs down.
TODD
(to Comanche, as he
rides away)
Now nobody'll see me with it, but it's handy if I need it right quick.
EXT. MILCOURT SQUARE - DAY
Todd rides slowly around the square, looking now at the courthouse, now at the Dayton Building, hoping against hope, as always, to catch a glimpse of Pap. This time, as if conjured up, Pap appears leaving the Dayton Building headed for the courthouse, flanked by two guards, HARVEY WHITMAN and DAWSE MACKEY. Leaping from Comanche and leaving him with reins dangling, Todd rushes toward Pap.
TODD (CONT'D)
Pap! Pap! Ho!
Pap stops in his tracks. The two militiamen grab him by the arms as he starts toward Todd. Todd rushes up and yells in Dawse Mackey's face.
TODD (CONT'D)
For Christ's sake, Dawse! let us have a few words. Supposing it was yore daddy.
MACKEY
It's again orders, Todd. A man's gotta follow orders!
TODD
Orders! If it wasn't for whining sneaks like you, Dawse Mackey, we wouldn't be in this fix.
HARVEY WHITMAN
(letting go of Pap's arm)
Y'all go ahead and talk. Just be quick about it. Turn loose of him, Dawse.
Mackey looks wildly around but does let Pap's arm drop.
TODD
Pap...
PAP
I know what you're thinking. But no, my trial's not today.
TODD
Pap, I been...doing what I can. I ain't been idle.
PAP
Is everbody out home all right?
TODD
Yes
sir. We're making it purty well, considering. And...uh...I been talking to...a couple'a people. I better not say who.
PAP
I know you'll you do ever bit you can, son.
Todd cannot find the words to say more.
PAP (CONT'D)
They tell me Colonel Oldham's been ailing.
TODD
Yeah, he's sick, sort'a. But he swears he'll help.
MACKEY
That'll have to do. Y'all get away from one another before somebody sees you!
TODD
You gonna piss in your pants,
Dawse!
Harvey Whitman snickers.
WHITMAN
Shore nuff, y'all better knock it off. If Ticknor finds out, they'll be the devil to pay.
As the two guards lead Pap away, he speaks to Todd over his shoulder.
PAP
Give all my love and caring to Ma and the kids.
TODD
(calling out)
We got good reason to hope, Pap. Sure nuff we have!
EXT. SQUARE - DUSK
The sun is going down a flaming red among broken clouds. Todd is sitting on a board sidewalk watching the courthouse. In the dimming dusk, Preacher Tillman emerges. After this all-day session of the court, the crowd does not know what to expect. Todd jumps up and pushes through to a few feet from Tillman, who holds up his hand and looks at Todd.
TILLMAN
From now on we'll go by two-thirds in place of a simple majority. So it'll take eight votes to convict a man, not seven like before. They
said I could announce this but not discuss it. So that's all I got to say for now.
He shakes his head sternly to warn Todd to stay away from him. Todd nods. Much of the crowd looks disappointed, not comprehending how such a minor change can make a difference.
They press forward towards Tillman, but the militia quickly forms a guard around him and escorts him out of the square.
EXT. SQUARE - DAY
Todd and WILLUN HACKETT are sitting against a hitching rail, facing the courthouse. Willun is Todd's age, his best friend and Sis's sweetheart. He is a blonde and naive-looking young man, as loyal and honest as the day is long. This is the THIRD DAY since Tillman persuaded the jury to change procedure. A man emerges from the courthouse door, stops, looks around as if he cannot believe he is free
WILLUN
Gilbert Smith. That makes eleven they've let go these last three days, Todd. And convicted nobody.
TODD
Ma told me Gil advised the Union men to go easy, like Pap did.
Surely if they cleared him, they will Pap. But for God's sake, when?
Willun grasps Todd by the shoulder in sympathy and support.
WILLUN
Buck up, man. It'll work out all right.
Now it is the members of the jury who come filing out of the courthouse door. Todd stares apprehensively.
WILLUN (CONT'D)
Aw, they're just going out for a bite to eat. Come on, let's me and you try Miz Collins's place. They say she puts out purty fair grub.
Todd walks reluctantly away beside Willun.
EXT. FRONT OF MRS. COLLINS'S PLACE
Todd and Willun, coming out after their meal, see Cabus riding byon his mule.
TODD
Cabus! Hey Cabus!
Cabus hears, turns and rides over to them.
TODD (CONT'D)
How're you, Cabus?
CABUS
Finest kind, Marse Todd.
TODD
Miss Jenny...?
CABUS
Oh, she all right. Promised she'd come to town, sho', but the militia boys wouldn't bring her less'nKunnel Ticknor say so, and he turn her down.
Todd and Cabus exchange a long look, Cabus poker-faced, Todd deeply disturbed.
EXT. SQUARE - DAY
A few minutes later, as Todd and Willun enter the square, they see Brother Tillman coming along the board sidewalk. He halts in his tracks on seeing Matt Scanlon coming to meet him. Scanlon is carrying a holstered pistol as always. He bars Tillman's way, half-turns toward the courthouse and points an accusing finger at it.
SCANLON
You mean to free ever traitor we caught, and we know it!
TILLMAN
(scared but holding his ground)
The whole jury decides, Matt. Not just me.
Scanlon brings his arm down and begins jabbing a finger almost on Tillman's nose.
SCANLON
Well, you add this to your gospel, Preacher! You may turn 'em loose but they'll still have to answer to us. And that may go for some of the jury, too!
With this, Scanlon wheels and barges off down the sidewalk. Todd and Willun look at one another in trepidation.
TODD
Jenny's just got to reach old Ticknor. You tell Ma and them not to expect me home tonight.
EXT. OPEN COUNTRY NORTH OF MILCOURT - DAY
Todd on Comanche approaches a large farmhouse--the WHARTON PLACE--headed for Ticknor's. He is brought to a halt by seeing FIVE RIDERS appear over a rise ahead: four men and a woman who is riding side-saddle. Todd instantly recognizes Jenny and dashes to meet her. He makes a tight-rein turn to veer in beside her. She stops, holds out her hand, which Todd grasps eagerly and kisses.
TODD (CONT'D)
I was just coming out to see about you!
He glances at the other riders: the militiamen escorting her. They stare at him suspiciously. He turns away at once to keep his eyes on Jenny.
JENNY
(winking at Todd)
Uncle James forbid the militia to bring me to town. I'm just coming over here to visit Jane Wharton.
TODD
(knowingly)
I see.
EXT. WHARTON FARMHOUSE
The Whartons notice their approach and the place comes alive. MRS WHARTON and JANE and FOUR STAIR-STEP YOUNGER
CHILDREN--THREE BOYS AND A GIRL--come out on the porch. Jane rushes down the steps. Jenny dismounts. The two embrace
eagerly. Jane is plump, too full in the face, not pretty.
Her hair is a mousy color. Mrs Wharton is thin and intense, with the harried look of a woman caring for a large family alone: her husband is away in the Confederate army.
JANE
Oh honey! I've been dying to see you.
JENNY
I'd've come sooner, but...oh, I'll explain later. Mrs Wharton, Jane, this is Todd Blair.
TODD
(with a slight bow)
Pleased to meet you, ladies.
Mrs Wharton and Jane, sensing the attraction between Jenny and Todd, begin to treat him special.
INT. WHARTON FARMHOUSE PARLOR
The room is well but not richly furnished. Jane has Jenny sitting beside her on the sofa and will not let go of her hand. Todd and Mrs Wharton are in easy chairs.
JENNY
(with a knowing look at Todd)
Miz Wharton, Jane, listen! I've begged you to move to town and you just wouldn't. But now you've simply got to! Todd, tell them what happened.
TODD
Uh... Well, two bushwhackers tried to ambush Jenny. I happened along.
JANE
You saved her from outlaws?!
Todd looks embarrassed. Jenny, laughing proudly and happily, breaks in.
JENNY
Yes! He did!
Todd sits frowning, uncomfortable yet glad. Then with head ducked he looks at Jenny's radiant face and smiles tenderly.
JENNY (CONT'D)
(to the Wharton women)
So you see, away out here you're in awful danger!
MRS WHARTON
But the house in town is so small!
And with Frank gone, somebody has to look after the farm!
JENNY
Please! I'll help you. So will Todd. We'll gather up some things and leave in the morning. The slaves can bring in the rest of what you need later on.
Jane and her mother look flustered, protest a little but soon consent to go, o
n top of which they turn AD LIB to gushing invitations for Todd to stay the night.
MRS WHARTON
(rising)
Let me go tell Mandy we have extra folks for supper.
Todd and Jenny sit gazing at each other, exulting.
EXT. WHARTON FARMHOUSE FRONT PORCH - NIGHT
Todd and Jenny come from the front door to a big swing hung by chains from the ceiling. They sit down side by side but not touching. The moon has not yet risen, so it is very dark.
The sky is peppered bright with stars as seen from any angle outward under the eaves. A big pecan tree closeby catches a breeze off and on, the leaves left on the tree stirring to a whisper. Touching a toe to the floor, Todd puts the swing into a gentle arc, the starry sky in the b.g. swaying in rhythm with the motion. They can exchange looks unblushing in the deep shadow. Todd slides his left arm along the back of the swing and lets it rest across Jenny's shoulders. He reaches to grasp her hand lying in her lap. She takes his hand but shifts their clasping over to his knee.
JENNY
(in a low voice)
It'll be easy now. I won't have to ask Uncle James first, if I go into town with Jane and her mother.
TODD
Jenny, this means the world and all to me.
Their heads draw closer together as if magnetized.
JENNY
I'll plead with him. I'll beg him to clamp down on those awful men.
TODD
Yes. And it's needed now most of all, with the jury freeing men