32-“The Five Books of Owen Deaver”

Original Airdate: (April 26, 1958)

When Philadelphia’s penal code is precariously instituted in a frontier town, Paladin decides he owes a favor to an old friend’s son.

Directed by Lamont Johnson, Written by Sam Rolfe.

JAMES OLSON as Owen Deaver [Wikipedia Biography]
LURENE TUTTLE as Ma Deaver [Wikipedia Biography]
WALTER BARNES as Mason Enfield [Wikipedia Biography]
ALAN CARNEY as Harry Nolan [Wikipedia Biography]
PAUL LUKATHER as The French Kid [Wikipedia Biography]
ROSS EVANS as Calvin (as Josh Franklyn)
TYLER MCVEY as Rancher Jim Morris [Wikipedia Biography]
JIMMY NOEL as Enfield Gang Member [Wikipedia Biography]
BUDDY ROOSEVELT as Enfield Gang Member [Wikipedia Biography]

ALAN CARNEY: (Justice in Hell, 1962) as Teague. BUDDY ROOSELVELT: (El Paso Stage, 1961) as Bartender, (Everyman, 1961) as Bartender, (The Gold Bar, 1961) as Marcher, (The Road to Wickenburg, 1958) as Townsman, (The Prize Fight Story, 1958) as Fight Spectator, (The Hanging Cross, 1957) as Townsman.

I’ll be wanting your apology, Owen.
Since you’re going to need me. You’re going to need me badly.

PALADIN
“SIX CITIZENS ARRESTED IN THREE WINDS. Six citizens of Three Winds, Wyoming Territory were arrested today by their newly elected Sheriff, Owen Deaver. They had been celebrating the Sheriff’s election victory by firing their pistols into the air. Sheriff Deaver has instituted a set of municipal ordinances patterned after those of the city of…Philadelphia! Owen Deaver’s the son of…Barry Deaver. Former Sheriff of Three Winds, who died of consumption last fall.Ahhh. Hey boy. Will you go back to the opera house please, and tell the lovely lady with the red hair that I won’t be able to see her this evening. I’ve been called out of town on business.

HEY BOY
But opera company leave tomorrow. You not see her again, maybe never.

PALADIN
I know, Hey Boy. But I’ve just read in this paper that an old friend of mine died in bed, and his son is apt to die on his feet, unless somebody does something. Excuse me.

EXT. TOWN OF THREE WINDS MAIN STREET – DAY

CALVIN – BARTENDER
Afternoon.

PALADIN
Afternoon. I’ll take that one on the end, please.

CALVIN – BARTENDER
Sure thing. You better step into the Sheriff’s office next door and check that gun, Mister.

PALADIN
Nobody allowed to carry arms in Three winds?

JIM MORRIS – RANCHER
Or in Philadelphia either.

PALADIN
Sounds like a reasonable law for Philadelphia. The law’s the law.
(to Mason Enfield) Well, Mister, you gonna check your gun?

MASON ENFIELD
You gonna check your gun, French?

FRENCH
I don’t think so.

CALVIN – BARTENDER
Please fellas, like I asked you. Turn ’em in.
The Sheriff’ll hold me responsible, being as you’re strangers.

JIM MORRIS – RANCHER
Let ’em be, Cal. Maybe they’re good enough to make it stick.

HARRY NOLAN
And let Owen get shot up? After all, he is Barry Deaver’s son.
I don’t know…

JIM MORRIS – RANCHER
Oh, you don’t know! What you want to do, wait two more years for an election for sheriff?

HARRY NOLAN
Two more years, why…Another six months like this and I’ll have to close down the store.

PALADIN
Don’t tell me there’s laws against selling.

HARRY NOLAN
Municipal ordinances. Yeah, we got a Sheriff that can read the law.
I don’t know what to do now that the ranchers don’t come in anymore.

PALADIN
What’s to stop them?

JIM MORRIS – RANCHER
What’s to bring ’em? Sheriff won’t let ’em do nothing. I got 26 hands on my place. They sweat all month on the range. They look forward to payday, come into town and let off a little steam.

PALADIN
It can get pretty rough.

JIM MORRIS – RANCHER
Nobody ever got hurt. A little split lip or two. Now they gotta ride 80 miles into Northfork. I’m liable to lose those hands! They’ll go someplace where the town’s more hospitable.

PALADIN
Didn’t he tell you he was going to institute these reforms before he was elected?

HARRY NOLAN
No, he made everything sound so nice.

JIM MORRIS – RANCHER
Anyways it seemed perfectly natural for Barry Deaver’s son to inherit his badge.
Sit down, boys. I’ll buy you another drink.

MASON ENFIELD
You heard the man.

CALVIN – BARTENDER
Had four. That’s the limit. City ordinance.

MASON ENFIELD
I don’t count so good. Fill it up.

CALVIN – BARTENDER
Sorry, I can’t.

MASON ENFIELD
Don’t argue with me.

SHERIFF OWEN DEAVER
There’s no argument. They’ve had their quarter for the day?

CALVIN – BARTENDER
I told ’em, Owen. It’s not my fault.

SHERIFF OWEN DEAVER
You tell him about his gun?

MASON ENFIELD
He told me. But I don’t figure on givin’ ’em up, Mr. Sheriff. So?

SHERIFF OWEN DEAVER
And you?

PALADIN
I’ll abide by your law.

SHERIFF OWEN DEAVER
First time, a stranger gets a warning. Next time you show a gun you don’t turn in…
It’s lock-up for one week.

Sheriff whacks Black Hat with Paladin’s pistol. Confronts French, and taps bar table.

PALADIN
Well done. Very neat, very orderly.

SHERIFF OWEN DEAVER
That was your one warning, Mister.
I just came by your store, Harry. No one’s tending it. Door’s open.

HARRY NOLAN
I just stepped in here for a drink. If anyone wants anything,
They know where they can find me.

SHERIFF OWEN DEAVER
A place of merchandising cannot be left untended and unlocked. It invites thieves.

MASON ENFIELD
Come on, French.

Walks over to door and whacks Deaver.

PALADIN
He dropped his knife, sheriff. You’re sitting on it. This one you can arrest, this time. Sheriff.

SHERIFF OWEN DEAVER
Thanks. I’ll have to take that one too.

PALADIN
Well, since you’ve challenged every gunfighter in the west to step into this town, don’t you think you oughta allow the decent people to keep enough arms to defend themselves?

SHERIFF OWEN DEAVER
What are you talking about?

PALADIN
Don’t you know what you did when you advertised that Three winds is being run by the laws of an eastern city? You waved a red flag in the face of every man in the west who thinks he’s bigger than the law. Now this one and his friend…Get up! They’re just the first two taking you up on the dare.

SHERIFF OWEN DEAVER
And you’re another?

PALADIN
Perhaps.

SHERIFF OWEN DEAVER
You get out of this town, right now!

PALADIN
No, I’ll stay.

SHERIFF OWEN DEAVER
If you do, it’s gonna be in my jail.

PALADIN
I’ll accept that as an invitation not graciously tended but graciously accepted, and later on I’ll expect your apologies. You’re gonna be needing me, Sheriff. Sheriff, you’re gonna be needing me badly. Come on!

INT. TOWN JAILHOUSE – DAY

SHERIFF OWEN DEAVER
Ma, two more to feed.

MA DEAVER
The way you’re going everyone in Three Winds
Will have a prison record before long.

PALADIN
Ma Deaver, how ’bout some of that potato soup? Chitlins, bacon and the lot.

MA DEAVER
Paladin! Well!

PALADIN
It’s been a long time, hasn’t it?

SHERIFF OWEN DEAVER
You know him?

MA DEAVER
You’ve heard us talk of Mr. Paladin. He was here while you were back east.
Him and your Pa teamed up to go after the wild bunch.

PALADIN
Your folks told me all about you.

SHERIFF OWEN DEAVER
I heard about you too.

PALADIN
I read about Barry. I’m sorry.

MA DEAVER
I know. Thank you. What are you doing here?

PALADIN
Well, right now Owen’s putting me in jail.

MA DEAVER
Now that’s too much! You’ve gone too far.

PALADIN

Hold on, ma…

MA DEAVER

Who do you think you are? You can’t arrest a man like this.

PALADIN
Now ma…

MA DEAVER
You turn Paladin loose. You turn him loose or so help me! I never whipped you when you were small. I’ll take a belt to you now!

SHERIFF OWEN DEAVER
The law is the law.

MA DEAVER
The law! Will you listen to him? We sent him to Philadelphia for one year to study law. And this is what he brought back! Five books. Five books! “Municipal Code of Philadelphia.” Been beating this town over the head with these…since his election!

PALADIN
Ma, whoa. Whoa, whoa! Whoa, ma!

MA DEAVER
Nobody’s gonna tell my boy what to do but me!

PALADIN
Ma, let me handle it! Huh? Now go on, it’ll work itself out all right.
She’s got quite a temper, hasn’t she? You resemble her in many ways, Owen.

SHERIFF OWEN DEAVER
For the records, what’s your name?

MASON ENFIELD
Smith. John Smith.

PALADIN
What does your friend call you? The one you call French.

MASON ENFIELD
You know, someone someday’s gonna learn you to mind your own business.

PALADIN
Oh, and you’ll find a poster on the French Kid
Who’s reputed to be very handy with a knife.
Even in San Francisco we’ve heard of the Enfield Gang.

SHERIFF OWEN DEAVER
Yeah, the Enfield Gang. Wanted dead or alive. French kid’s one of ’em, all right.
You’re this one. Mason Enfield.

MASON ENFIELD
Am I now?

PALADIN
French’ll undoubtedly bring the rest of ’em to meet you.
There’s Amos Enfield, this one’s brother.
And a pair of insane killers named John Rogers and Dolemite.

MASON ENFIELD
Yeah, French ain’t gonna sleep until he gets a knife. Sticks it in your throat.

PALADIN
Four of ’em, Owen. Any one of them is probably a match for you.
Together they’ll chew you up and swallow the pieces.

SHERIFF OWEN DEAVER
Maybe not.

PALADIN
No maybes about it, you’re gonna need help.

SHERIFF OWEN DEAVER
I’ll get help. A few deputies. Then let that bunch come. We’ll see who feeds on who.

MA DEAVER
What will we do with Owen and his foolishness of these books?

PALADIN
Well, it’s a problem. But he’s Barry Deaver’s son. He must have learned something.

MA DEAVER
His father taught him how to fight. Hand, gun, knife.
Owen can hold his own with the best of them.
Or the worst, if you will. But his father’s sense he never had.

PALADIN
He’s young, Ma. Like most men his age, he’s intolerant of the human failings of others.
We have to keep him alive until wisdom sets in.

MA DEAVER
He just won’t listen to anyone.

PALADIN
Unless I miss my guess, he’s finding out right now that he’s gonna have to compromise somewhere. If I read your face correctly, you failed to enlist any deputies.

SHERIFF OWEN DEAVER
Inside.

MA DEAVER
You don’t have to if you don’t want to.

PALADIN
It’s all right, ma. The soup’s delicious.

SHERIFF OWEN DEAVER
He’s under arrest. Don’t you ever let him out of that cell again.

MA DEAVER
And what will you do? Arrest me?

SHERIFF OWEN DEAVER
You stay on the other side of that door.

MA DEAVER
When your father ran this office, and very well too, he wasn’t afraid
To take advice from anybody. Not even a woman!

SHERIFF OWEN DEAVER
I’m not like pa. I don’t even want to be.

MA DEAVER
You couldn’t be. He was respected, well-liked.

SHERIFF OWEN DEAVER
Why shouldn’t he be well-liked? He never stepped on anybody’s toes.

MA DEAVER
He didn’t need five books to tell him right and wrong.

SHERIFF OWEN DEAVER
Just mind your own business, Ma!

MA DEAVER
Don’t you ever speak to me like that!

PALADIN
So you’re jealous of your father’s reputation?
While you were gone I was browsing through those books.
What made you pick the Philadelphia Municipal Ordinances?

SHERIFF OWEN DEAVER
Because I think they’re good ones.

I’d like to live in a community guided by laws like these.

PALADIN
What about your fellow townsfolk? They also have to live in your utopia.

SHERIFF OWEN DEAVER
What’s the matter with you? What’s the matter with everyone?
Can’t you understand what I’m trying to do here?

PALADIN
I do understand.

SHERIFF OWEN DEAVER
Do you? Do you know how a town like this is run? There’s no mayor, no town council.
All they’ve got is a sheriff and…A judge that comes through once a month.

PALADIN
There’s no written law. Only a loose set of morals, based mostly on “thou shalt nots.”
Thou shalt not kill a man, unless he’s armed and facing you.
Thou shalt not steal a man’s horse. Thou shalt not rob at a gunpoint.

SHERIFF OWEN DEAVER
Yeah. That’s just about as far as it goes too.

PALADIN
It’s mainly left up to the sheriff, to decide what is a crime in any given area.

SHERIFF OWEN DEAVER
Yeah, that’s right. Sheriff might get up on the wrong side of the bed one morning and everything’s a crime. Might wake up smiling, then nothing’s illegal.

PALADIN
Nobody’s arguing with what you’re trying to do. But aren’t you rushing it just a little?

SHERIFF OWEN DEAVER
No. There’s no reason why we can’t have a legal, written code in this town today.

PALADIN
While I was browsing through those books, I came across some statutes I meant to ask you about. For example, there’s one that states a man can be arrested for spitting on the sidewalk.

SHERIFF OWEN DEAVER
What about it?

PALADIN
Owen, there are no sidewalks here in Three Winds.
Frustrating day, Owen. I guess nobody’ll help you. Nobody but me.

SHERIFF OWEN DEAVER
You?

PALADIN
That’s right, I’ll be your deputy.

SHERIFF OWEN DEAVER
You know that’s out. I can’t deputize an arrested man.

PALADIN
You don’t have a choice, there’s nobody else.

SHERIFF OWEN DEAVER
Somebody else’ll come around.

PALADIN
Why should they? This town wants to get rid of you.
You’re the enemy. You’re smothering them With those five books.

SHERIFF OWEN DEAVER
Those five books…Are the best things to ever come their way. They’ll see that yet.

PALADIN
Won’t be any town of Three Winds by then.

SHERIFF OWEN DEAVER
That’s enough!

PALADIN
Is it? You fool. You blind, stupid fool.

SHERIFF OWEN DEAVER
Stop it.

PALADIN
What’ll you do, hit me? Shoot me? You can’t maltreat a prisoner, it’s against the law. Oh, you’re a joke. You and those five books. Be funny if it weren’t tragic. You say nobody can carry guns in this town. So the only people who have guns are the outlaw scum who will continue to come through here. You can’t protect the people in this town, but you take away the only means they have of defending themselves. The ranch hands can’t come into town on payday and drink. Well, what can they do?

SHERIFF OWEN DEAVER
That’ll come. Three winds will grow.

PALADIN
Right now, three winds is struggling for existence. It’s hard enough without imposing the restrictions of an organized, developed city like Philadelphia. The people of this town don’t have the comforts, Conveniences or advantages of Philadelphia.

SHERIFF OWEN DEAVER
I’m gonna stick to what I believe.

PALADIN
Well, I’ve said it and you proved it. You’re a childish fool. Why don’t you leave the making of this world to men? Men like your father. You angry, Owen? Are you really angry? Angry enough to open that door and fight me? Go ahead, open the door. Open the door, Owen. Come on, fight me. That’s right. I’m waiting, Owen. Come on, fight me!

SHERIFF OWEN DEAVER
Is that your trick, paladin? Bait me into a fight.
You think you’ll win, then step out and take over.

PALADIN
Why not? The people of this town would back me if I went out to fight the enfield gang.

SHERIFF OWEN DEAVER
It won’t work!

MASON ENFIELD
Careful of that knife, Sheriff. French kid’s gonna be wanting it back.

INT. JAILHOUSE

SHERIFF OWEN DEAVER
Are you going out so early?

MA DEAVER
I need some breakfast eggs. You didn’t sleep last night, I heard you tossing.

SHERIFF OWEN DEAVER
It was too hot.

MA DEAVER
I needed two blankets. Are you scared, owen?

SHERIFF OWEN DEAVER
Yeah, a little bit.

MA DEAVER
Let Paladin help you with this. Even your Pa wouldn’t take on a fight like this alone.

SHERIFF OWEN DEAVER
I’m not like Pa. Not the least bit.

MA DEAVER
They’re here.

SHERIFF OWEN DEAVER
Where? Outside.

MA DEAVER
There’s one in front of the kitchen door. Two in the street at either end of a wagon.
The fourth one is near the saloon doors.

PALADIN
They’ll hit you from four angles the minute you step out the door.

MASON ENFIELD
Go out there and tell ’em they’re breaking the law, Sheriff.

PALADIN
It’s your last chance. Let me go with you. In two minutes, Mason and his friends
Will own three winds and you’ll be dead.

SHERIFF OWEN DEAVER
You think it’s dying that I’m afraid of?

PALADIN
Owen, it’s not your courage that’s being tested, It’s just your sense!
What good’ll it do to leave me here? How will that help Three winds?

SHERIFF OWEN DEAVER
I can’t back down now. I made a stand to enforce the law in those five books.
If I back down a little bit, I’ve gotta back down all the way.

PALADIN
All right. Ma, take my gun and go with him.
You can pull the trigger. Maybe you’ll hit one of them.

SHERIFF OWEN DEAVER
You want to get her killed? You stay here.

MA DEAVER
I won’t stand by!

SHERIFF OWEN DEAVER
There’s nothing you can do.

MA DEAVER
I can draw their fire, give you a better chance.

SHERIFF OWEN DEAVER
You can’t do anything!

MA DEAVER
I can wait ’till you step outside.

SHERIFF OWEN DEAVER
They’ll kill you. Don’t you understand? Now stay right here.

MA DEAVER
Not this time! I’m stubborn, you know that! That’s where you got it from.

PALADIN
All right, Owen. Who’s going with you? Your mother? Or me?

MASON ENFIELD
They’re waiting for you, buddy.

PALADIN
Thanks, ma. Now you keep down and stay out of this.
Owen…Take the kitchen door.
On the count of three, I’ll go through this one. Draw their fire, all right?
Ma…Keep your fingers crossed.

PALADIN
Ha!

PALADIN
Where’s the other one?

SHERIFF OWEN DEAVER
In the saloon.

PALADIN
I’d likely miss…Hold it! Let me have the shotgun.

PALADIN
Must be behind the bar.

SHERIFF OWEN DEAVER
Yeah.

MA DEAVER
There. Keep it off the ground. I’ve seen injured men before.
You ought to be in bed.

SHERIFF OWEN DEAVER
Well, it’s your fault. You told me where I got my stubborn streak.

MA DEAVER
Yes, but look what your stubborness did for you.
You got your leg shot and…Mr. Paladin broke his hat.

PALADIN
Fortunes of war, Ma. I guess I needed a new hat anyway.
I brought you some company.

SHERIFF OWEN DEAVER
I’m glad you came, Harry.

HARRY NOLAN
I didn’t want to come. He pushed me all the way up the street.

PALADIN
It’s time the law had some backing in this town.

HARRY NOLAN
Back him? I’m sorry you caught a bullet, Owen.
But I’d welcome anything that would take you from behind that badge.

PALADIN
Wait a minute. Owen, you backed down once before, when you let me out
of that cell to help you. That didn’t hurt much, did it?

SHERIFF DEAVER
It would’ve hurt a lot more if I didn’t, I guess.

PALADIN
You’re gonna have to back down again. There’s a basic unwritten law of jurisprudence. You can’t enforce a law that goes against the will of the majority.
For those who try, there’s a name. They’re called tyrants.

SHERIFF OWEN DEAVER
But I…I didn’t do this for my own sake.

HARRY NOLAN
He’s a stubborn boy. Just ain’t no use.

SHERIFF OWEN DEAVER
Harry…You sell all kinds of things in your store.
You think you can find a customer for these books?

HARRY NOLAN
I’ll buy them myself. They’ll be ashes in five minutes.

PALADIN
Now wait a minute, harry. Wait a minute.
Owen, why don’t you put these up in the attic for a few years.
Perhaps someday Three Winds may have sidewalks.

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