A severe drought has dried up the prairie water sources, forcing a trail drive from the Circle C to seek water at Cottonwood Pond. However, rancher Grant Howard has fenced in the pond on his own land and is demanding payment for access. Marshal Matt Dillon must navigate the tense standoff between desperate trail boss Jackson and the stubborn Howard before the situation explodes into violence.
Characters: Matt Dillon, Chester, Doc, Grant Howard, Jack Jackson, William Conrad
The transcript of “Drop Dead”, an episode of Gunsmoke first broadcast September 20, 1952. Press a time to play from that line (a 60-second preview here). This episode is free in the Gunsmoke podcast. Gunsmoke plays Gunsmoke free, live around the clock. Search inside this transcript.
Transcript
and the territory on West. There's just one way to handle the killers and the spoilers, and that's with the US Marshal and the spell of gun smoke. Unsmoke, starring William Conrad, the transcribed story of the violence that moved West with young America, the story of a man who moved with it, Matt Dillon, United States Marshal.
The Jackson, Dry as a Boob, Our last hoop of water for the herd.
Not quite, Pekka. Cottonwood pond is just over the rise ahead of it. Here it may be dry too. Bet they haven't hit a reed in the prairie for six months. Yeah, well, Bay Drive. I've been blanked cattle up here to Dodge City for 12 years.
Drought to know drought the ponds always have water. It better have. We're losing 15 head an hour now. Can't push him much, Father. Yeah, baby water. With luck, the railroads got the cars far. We can start loading this afternoon.
All right, this time. Sounds like the boys are for hitting on Anderson. Yeah, come on. There's a pond picker. Plenty of water. I guess you were right. Wonder why the herd's piling up. You ought to be staying feeding for that pond.
You think you have to pull up pickers. A bar of wire of peace. Somebody's been struck upon. Mr. Jackson, it looks like we've got a fight on our hands. I don't like it, Doc. It's too quiet.
When things get too quiet and dodge, it always means a blow-up's coming. Yeah, just sit down, Mat. You're just getting yourself a kiss and hers. You've been a law officer too long. Shut up, Jim and I'm...
You're getting so you just act like a spooky old horse. You're jumping a gun shy. And I'm in this force up soon. Oh, yeah. You mean this? Thank you. Now you take me mad. I don't rant and rail against fate.
I just sit back and take what comes. Yeah, sure. If I get a patient fine, I still am blind. And if I don't, then I keep my hand in setting a broken leg on a dog.
Yeah, that's the letter to hold him. Yeah, matter of fact, I could use a fear too. Not planning to shoot anybody, are you, man? If this drought doesn't break, I'm in the mood to shoot myself.
That's a bad one, all right. I don't think I've ever seen the prayeriest drizers this year. Oh, there you are, Mr. Dillon. Well, come on in, Chester. I've been looking all over for you. We've got trouble, Mr. Dillon.
Huh? Trouble. Oh, man, Howard just sent a rider in. A trail drive's pulled in from the big bend. They're threatening to cut his fences so they can water the cattle at Cottonwood Pond. Well, as you blow up, Matt, a rear head-on smash.
A thirsty herd against that skin from Howard. Mm, mm. I thought I could get myself a few fees out of this before it's over. Good old Doc, always hoping for the best. Now, come on, Chester, let's write out the Cottonwood.
Dye Coward had no call to fence that pond, Mr. Dillon. There's enough water there for all the trail herds in the next ten years. That's on his ranch, Chester. He's got a right to fence his own range.
Got a right, maybe, but no decent rancher would take advantage of it. Howard's meat is just downright meaty. I think it's more than that, Chester. The old business I'm making $2 grow where $1 grew before.
I think Howard figured on something like this when he strung that fence last month Look, look down to Mr. Dillon. Must be 50 or 60 riders facing each other across that fence. Looks like a couple of armies.
That wouldn't be the first range war that started over water rights. Come on. Who says so, master?
I do. Who are you? Dillon, you are Smarshal Aladaj. Smarshal? That man is gang of frickin' to break through my fences. It's restless on my property. I demand the protection of the law. You'll get it hard.
You're the owner of this herd. That's right, Marshall. Jack Jackson from the Circle Sea spread down in the big bend. Maybe you can make this fella see reason. I got a herd of cattle here that's dying like flies for lack of water.
Over there, a hundred yards is plenty of water. All this sneaking crook is fenced it in. How about it, Marshall? Well, it's his land, Jackson. The law gives him the right to fence it. Law? Right. Everything I got in the world's tied up and I heard.
heard. There are twenty five trail riders there in the saddle. I can't even pay wages to if I lose these cattle. There's a law pulled pushing a man against the wall and wiping him out. It wasn't intended to. Howard, why don't you write up here to the fence and talk, huh? Sure, Marshall. No objections at all. My fence ain't it?
I'll nobody's doubtment. Now look, is there any reason why you can't get together with this man and let him take that herd in and water it? I made him an offer. He turned And all for a dollar ahead a day for water by the herd himself for three dollars a year.
That's a pretty stiff term, Howard. Better than losing everything like he's gonna do. Are you dirty and lonely? Alright, hold it, bother you! Now look, if there's any gunsling and stuff, I'm gonna be in on it too, you understand?
How would I just don't understand you? Most people out here on the frontier stick together when trouble starts. They don't kick a man when he's down. And they don't look on a drought or a blizzard as a chance to make a personal cleaning.
Just a minute Dylan you call yourself the law dodge all right Does the law say I can fence in my own land? It does and never mind your opinions Marshall all I want out of you is enforcement of the law All right, Howard you'll get it and that's all you'll get Jackson you better have your boys start the herd circling
This mean you're backing him up Marshall. I'm backing up the law. That's all Jackson And I don't think much of your laws up here. I don't reinforce them. I don't make them. Now you better circle that herd.
I see you better. I'm ordering my boys to shoot the first man of steel that comes through that fence. Chester, you cover Howard. Yes, you're Mr. Dillon? And if he orders any of his men to fire a shot, kill him.
Do you have pleasure, Mr. Dillon? What's the idea, Master? You wanted the law enforced. I'll write your getment. But I'm going to do the enforcing, Howard, not you. If you're smart you won't give any orders about shooting.
Alright Mr. Dillon, you got a tough job. I guess you're trying to do it fair and square. Man does what he has to do Jackson. I know. Like with me. That hurt of mine beds down without water.
Most of them won't get off the ground in the morning. So law or no law, we're going through that fence tonight. Matt. Oh, hello. What's the matter? Bad liquor or a busted state? No, neither, neither. How are you?
Eager, but you probably noticed that before. Seriously, though, what's wrong? Bloody... one of the bloodiest little range wars you ever saw is just about to break. How'd a cottonwood pond die hurt about it? Did you hear, too, that I'm back on the wrong side?
And your puller still left you the bar. Harry, drink for Mr. Dillon. No thanks. I can't stay kidding. I gotta try to round up some deputies and try as probably about as far as I'm gonna get Old Tondle be siding with the Texas boys against Howard And against me maybe you ought to switch sides man. Oh sure sure I know but I can't
I started making my own rules that mean the end of low on order and dark city Yeah, I just can't do it kidding to well No. Not for me to say. You're the one who has to decide.
Yeah, Chester. What'd you find out? Mr. Hightower down the railroad depot checked clear through the Topeka. They can't get enough cattle cars here to load that herd out before day after all. That's that. It's an outside chance anyway.
Yeah, I just can't do it, Kitty. Which is I'd like to... Well... Not for me to say. You're the one who has to decide. Yeah, Chester. What'd you find up? Mr. Hightower down Thrill Road, Defoe, check clear through to Topeka.
They can't get enough cattle cars here to load that herd out before day after all. That's that. It's an offside chance anyway. I thought we might load them up fast, Kitty, and run them up to a walnut creek.
It's still got a little water in it. But I... Matt, there's something wrong with a law that help hold a lowdown scheme like this. How about Howard's doing is wrong morally, but it's right legally.
I got to find a legal way to stop him. I bet a lawyer could find a way of some kind. Too bad this town doesn't have. I haven't for a bit. Just the same matter.
Yeah, what is it? Yeah, I know. You work for Dike Howard. Well, what's on your mind? Well, Mr. Howard figures you ought to be arranging to protect his property. Jackson gave me his word. He'd lay off until nine tonight.
It's worse, sure. But Mr. Howard figures to be a good idea if you'd deputize as right is? Then, get up. Wait a second, Martin. Go on, get up. Well, I want Howard's advice. I'll ask for it.
I'll go tell him that. Well, yeah, but go on. Get up. Move. Sure, he'd like that. Well, it just may come to that, Mr. Dillon. I couldn't get anybody else. Hello. You know how to throw this badge away and go out there and help Jackson cut that fence.
Ma'am, I still think what you ought to do. Yeah, I know. I know how to get a lawyer. Well, Kitty, the only lawyer Dodge City ever saw was that young fellow from Boston who died here last year on his way.
Eh. What is it, ma'am? Chester, what happened to those books of his? Well, nobody never claimed him. They're still in the back of the jail or something. That's a long shot, but kitty, I love you.
Ma'am. Come on, Chester, let's find those books. I don't know Chester. Take a minute a year just to learn what these words mean. Well I sure can't help you Mr. Dillon. Looky there.
Tort. Replevin. Statuteuré Malfisance. I don't they're right the law is out in English. There'll be no work for lawyers. The only thing that my daughter is this one. I'm not too sure what it means.
Evening, man. Oh, Doc. Come on in here, will ya? Eh, eh, I figured I'd bring you a little carriage for the battle. What? Eh, it might be snakes out at Cottonwood Pawn. It's very thoughtful.
Yes, eh. Calamel and Irish whiskey. No doctor west of the Mississippi. I'll be without him. The...the...the calamels for the woman, you understand? Yeah, sure. Mm-hmm. Of course, a bottle of Jameson might not cure a patient, but it sure makes him enjoy his illness.
Yeah. Look, Doc, you've been the school. At least I guess you have. Oh, well, I browsed through a couple of things. Well, listen to this, now. Now, tell me what you think about this paragraph right here.
Well, let me say a schedule of territorial ordinances and judicial presidents handbook for local administrators. Oh, well, I didn't go to law school. No, no, but you've got to read books and you know big words. Now, listen to this.
The local administrator or other Julie Constituted Authority in a territorial division is hereby empowered to declare a state of acute emergency in case of riot, rebellion or any natural catastrophe which threatens a general welfare.
Now, Doc, would you say I'm a Julie Constituted Authority? Well, Doc, I guess you're about the only authority. Yeah, now, now, would you say this drought where heaven is a threat to the general welfare?
I've never seen a worse one, but I'll listen to this. Okay. Jourin, the period of such emergency, the officer in charge is authorized to seize, confiscate, allocate, or otherwise administer critical materials and facilities in accordance with a common need and his own discretion.
Oh, right, Matt. Water is a material. Yeah. And as far as keeping cattle alive is concerned, cottonwood pond is a facility. That's all I wanted to know. I don't see how to help you, little man.
Howard will never stand for it. You're still gonna have a pitch battle in your hands. Maybe so, Doc. But at least I'll be fighting in the way I wanna fight. Oh, come on, Chester, let's go.
It's eight o'clock. ["The Star-Spangled Banner") We will return for the second act of gun smoke in just a moment, but first, you personally can help to make sure America has an impregnable fence against invaders along all its borders by volunteering as a ground observer to watch the skies for unidentified planes.
Men and women from teenage up, ride or phone your nearest civil defense center. Now the second act of gun smoke. That's dark now, must be pushing nine o'clock. Hope they don't jump the gun on us, Chester.
I figure Jack knows stick by his word, Mr. Dillon. Heh, Howard, let's see. You know, we might get a break in this drought that that storm comes this way. Now I'd say it's only heat lightning.
All the thunder and no rain. Girl, if it goes on a few more weeks, this prayer will be dried right down to the number of people. All right. Hold it. Pull up them horses. He's right there to the fence, Mr. D'Alton.
Yeah, I see. Who's there? Who's speaker? I usually answer bushwhackers with a sixth gun. This is your lucky knife, Fenton. Well, Marshall, I didn't know where's your boss. All right, here, tell him. I'll tell you got here.
Every mob makes fire a rush to fetch any minute now. Not yet, Howard. I said nine o'clock. You got five minutes yet. Come on over here, Jackson. I want you to hear this, too. I kind of wish you stayed out of it, Marshall.
Rather not afford a guess, you. Never mind. Mr. Howard, by the authority vested in me as a US Marshal and under the territorial laws and ordinances of the United States, I'm hereby declare in a state of acute emergency due to the drought.
What are you talking about Dylan? The US territory of ordinance schedule of 1858 section 721c. What are you trying to say? Justice for the duration of the emergency I am taken charge of Cottonwood Pond in the name of the United States government.
And I'm allocating use of it to Mr. Jackson here to water his herd. Now if you want to try to make a deal with him you got five minutes. before I cut the wire and open the fence.
I've never bought water before. I'll give you ten cents ahead Howard. How about it? I'll see you dead first. And I'll be struck dead myself before I see one head of your stock on to my property.
Dylan, I don't know what's behind this move. Maybe you've sold out, made a deal you're... Easy Howard. If not ten then you've lost your mind. You're five minutes are running out now. What are you gonna do?
What do you think I'm going to do? You're going to resist the law. You call it the law? I don't. Dylan, I'm giving my boys orders a shoot. Any man who lives a hand on his face.
And that goes for you. Listen to me, Howard. You got a chance to do something that costs you nothing and means life or death to somebody else. And you're refusing to do it. Well, I'm sorry to see it that way.
But in any case, this herd gets water. Maybe they will. I guess I'm going to need some deputies. I'm gonna need some deputies. Well, I got 25 men here, Marshall. They're yours if you want them.
Oh, we should. All right, boys. We all raise your right hands. You swear to uphold the constitution, ordinances, and bylaws of the United States to the best of your ability so help you. I do.
All right, you're all temporary deputy marshals acting under my orders. Now, bunch the cattle in this way and start them through the fences as soon as I open the wire. They won't need my start, and Marshall.
They've been smelling that water for hours. Don't shoot unless you're fired on. If you are, protect yourselves and you're heard. All right, let's go. Hey, Gus! Keep both blankers closing them in toward the opening here.
They crowd on that fence. They'll cut themselves to Revit. Right, Josh. Over there, sir. Come here, man. Yes? You got the work, cutters. Here you are, Mr. Dillon. You know, I think we got a fight on our hands.
Yeah, I guess. All right, keep me covered. I'll watch the left over here. All right, Mr. Jackson. Well, there's one strand. They're cutting the French, Mr. Hart! What's that? All right, fire at the flash, Justice.
Yes, sir. Oh, my gracious, I wish there was a moon. There's one more strand. I spotted him. Ah! Here's the last one. All right, boys, the fence is open. Bring out the throw, boys! Heads up, Chester.
They won't give them the season. You can hear them out there, but you can't see them for the day. Yeah. The wind's coming up on Medclog. Oh come on, let's try to find Howard. I'm gonna take him in for attempted murder.
Last time I heard him use down along the fence here, summers. What the... Look! Look at him torches, Mr. Dillon. They're a set in fire in the grass. Yeah. As tries it as they'll start the whole prairie blazer.
Jackson! Get your hurt to the fence. They're trying to stampede it. It'll take more than fire to turn those cattle away from water. I guess you're right. But send as many as your boys as you can to help me.
We gotta get that fire stopped and fast. Oh, when in or losing? All the backfire holes that were... were one in Chester. Otherwise... Couldn't have been a worse time than prairie's dry gunpowder.
At least the herd's safe. They wouldn't leave that fond of the whole world caught by. Any orders for the boys, Mr. Zillen? Yeah, just have them keep working along the edge of the backfire. They can speed out any sparks that get across.
Right, Marshall, I got you. Have you seen anything of the Howard gang? I'm not a sign. I guess they figured they'd done all they courted. Yeah, maybe. Mr. Dillon, I'd swear a storm's gonna break.
I can halfway smell the rain. I don't know about that, Chester. It's doing one thing. It won't help us. What do you mean? Look, the wind shifted. It's starting to drive those flames across the backfire.
Well if it catches there again, it'll get clear away from it. Yeah, sure will. Now come on. Let's grab some of the boys and start working behind it. Let's go, Zillon. Alright. Well, Fenton, I figured you'd be halfway to the Mexican border by now.
Well, you figured wrong. You keep your hands still, both of you. One movement at your last move. That's about the way you planned it anyway, isn't it? You wiped us out, Zillon. That back bar you used took the ranch house in the barns.
That's the first to do now a trip. Only first, I'm gonna kill you. Hey, did I catch you? Hey! Drop the gun, you're under arrest! I'm dropping you dirty! You warned him, Mr. Dillon? That doesn't matter much, huh? Look, Justin.
Yes, sir. He did his jump the backfire. With that wind driving it, it'll burn the whole prairie from here, clear to wherever. And Dodge City along with it. Not a way in the world is stopping it either.
I heard the shot, Marshal. You all right? I'm sick at my stomach, that's all. God said he's gonna burn Jackson, and there's nothing we can do. I sure didn't figure on this. I'll let it have a hurt gladly.
No, it's my fault. I should've jumped him first. The man does what he has to, Marshal. I don't think yet you're away. Uh, maybe my way's the wrong way. But it leads to burning 10,000 acres of prairie in a whole town that must be something worse to do.
What is it, Chester? I could smell it! I could smell what the devil eats. But... The answer is... Why Heavens has stabbed the rain. Why Heaven may be the right expression. Ha ha! Well I don't know about that, but I know it's the only thing I can save dodge.
Ha ha! Well come on rain! Faster! Take loose and rain, will ya? I'm the answer doing it, Mr. Bill. And look! Just a... You know... out here on the front here sometimes. And a thing like this happens.
Makes you wonder if maybe... Come on, Chesile, let's find our horses. It sure not letting up, ain't it, Mr. Bellant?
No. We're still quite away from Tom. Uh, let's swing over along the plow of Chester and find a place to wait it out for a while, huh? That's what I was hoping you'd say. It took a long time to break loose, but it sure made it up for a lot.
Wow! I never saw lightning in this waterfall. Usually, let's up once the rain starts. I guess it's just the freak storm any better. Off your horse just to fly on the ground. I saw a flash, Mr. Dillon.
He'd come from that lone caught with tree. Yeah. It's a bad spot. He's got covered and we haven't. Well, I guess we found out what happened to Mr. Howard. Come on with your hands up, your honor arrest.
I thought you'd call the Captain Dillon. We're gonna flip a shot at the tree, Chester. Roll away, son of a sigh of fire. All right. Oh, it's close. There's enough light for him to see.
He's got all the odds. If he keeps it up, he'll get us sure. Maybe we might just as well rush you, Mr. Dillon. We haven't got much to lose. It's an outside chance, Chester. That he's bound to get one of us.
Yeah, but this way, it's both. We'll go in on the kind of tree. And not move fast. Yes, you. Good luck, Chester. You see me, Mr. Dillon? Mr. Dillon?
What happened? It was lightning. It struck the tree. I think Howard's lying over there on the ground. Come on. Yeah. He's down all right. He said he'd be struck dead before he'd ever give in.
Well, he was. By heaven, I don't know. It was second time tonight. You know Chester, I'm gonna change my ways. Gun smoke transcribed under the direction of Norman McDonald's stars William Conrad as Matt Dillon, US Marshal.
Tonight's story was specially written for Gun smoke by Les Crutchfield with music composed and conducted by Rex Corey. Featured in the cast were Harry Bartell and Lou Krugman with Joe DeValle, Barney Phillips and George Ellis.
Parley Bear as Chester and Howard McNeer is dark. Join us again next week as Matt Dillon, U.S. Marshall, fights to bring law and order out of the wild violence of the West in gun smoke.
Where there's crime afoot, look for gangbusters tonight.
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