stephen richard eng: tale of two brothers: jesse and frank james in nashville

8/4/2019 Stephen Richard Eng: Tale of Two Brothers: Jesse and Frank James In Nashville

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A TALE OF TWO BROTHERS

©1983-2007 STEVE ENG, ANNE ENG, TED P. YEATMAN. ALL RIGHTS

RESERVED. - WGA

FADE IN:

EXT. MONTAGE of TRAIN/INT. PASSENGER CAR - DAY

1890’s steam locomotive moves through a green expanse of

rolling hills covered with deciduous trees

A) Men in Western garb fidget with their bandanas, guns.

Act nervous and excited. Check revolvers, Winchester

Rifles, shotguns and .52-caliber Smith carbines

B) Some men show less interest. Reading Police Gazette,One reading dime novel with Buffalo Bill title

C) One man looks at pocket watch inscribed TO FRANK JAMES,

YOUR FRIENDS

D) Man next to him sucks briefly on whiskey flask

E) We see these last two men, over-the-hill, sixtyish,

cowboy types, heavily mustached whisper to each other,

looking at the men on the train, then out the windows as

train pulls into station in a big cloud of steam.

FRANK

Nearly time, Cole.

From his POV through train window we see sign NASHVILLE

as train pulls into the station.

EXT. TRAIN PLATFORM

SUPER: NASHVILLE, TENNESSEE, MAY, 1903

A crowd of people on the platform. Dressed in 1903 clothing.

FRANK

Okay men, let’s get going.

COLE

Let’s show them. Let’s show them

real good.



MEN IN OLD West gear pour off train blasting their guns at the

BYSTANDERS; WOMEN and CHILDREN scampering and screaming. Men go down

but theatrically. The VICTIMS get up, laughing.

INSERT: We see a banner WELCOME TO NASHVILLE FRANK JAMES AND COLE

YOUNGER.

FRANK and COLE, two sixty-ish cowboy types, rangy and wiry, swagger

off the train; met by SHERIFF accompanied by a PHOTOGRAPHER. Flash

powder ignites; Frank amused.

EXT. FIELD NEAR TRAIN STATION (SITE OF WILD WEST SHOW) – DAY,

continuing

Sheriff walking along with Frank and Cole as they give instructions,

encouragement to SIDE-SHOW STAFF as they begin setting up the Wild

West Show.

Wild West side show staff unloading train and setting up carnival.

Snake oil salesmen, white men in Indian costumes, old-timers in scout

costumes, etc.

A flurry of activity. Sign on side of circus wagon reads THE GREAT

COLE YOUNGER AND FRANK JAMES HISTORICAL WILD WEST SHOW.

SHERIFF

(ingratiating handshake)

What an honor to have you and Cole

here with your Wild West Show.We got a lot a folks wanting to meet

you boys. The whole town’s excited.

EXT. FIELD NEAR TRAIN STATION (SITE OF WILD WEST SHOW) – DAY,

continuing

EAGER BOY

Hey, Mr. James? Your autograph…

BOY in pants he’s outgrowing, rudely pushes himself in front of Frank

and sheriff, hopping backward as he begs for autograph.

SHERIFF

Now, go on Levi. Get out of here.

Leave the gentlemen alone.

Frank signs the dime novel the boy pokes at him.

BOY

Mr. James, was you and Jesse really



in Panama?

Holds up a dime novel, The James Boys in Panama.

FRANK

That’s what they say. Really son, you might

ought to try these kinds of stories too.

Pulls out a worn, curled copy of the New Testament.

FRANK – (CONT’D)

(signs Dime Novel)

You can learn all you need to be successful.

Even a poor boy can be famous in this great

land, but by honest work…

BOY

(bored with lecture)

Er…thanks Mr. James.

Grabs autographed book; rushes away screaming excitedly, while his

friends along the side of the crowd look enviously.

INT. MAXWELL HOUSE HOTEL, LOBBY – SAME DAY

REPORTER

How does it feel to be back in

Tennessee, Mr. James?

FRANKMighty, mighty good. Always loved Nashville.

Uh-h…a little hot and humid here. But a good

place to settle. First come here right after

the war.

Pulls photograph of self with Jesse out of pocket.

FRANK (CONT’D)

See that uniform? Weren’t even mine, just

one the photographer had in his studio. I

picked out the officer’s uniform; moreimpressive. Paid for a second copy to send

home to Ma, in fact.

REPORTER

(hammering on Frank)

Did you actually wear a Southern uniform,

Mr. James?



FRANK

Hell, I was with Quantrill’s guerrillas. Wore

a uniform I took off a dead Yankee mostly.

REPORTER

Did the gang rob any banks or trains in

Tennessee?

Frank stiffens and begins in a clenched-teeth growl that he quickly

softens into a respectable tone.

FRANK

You been reading them dime novels, boy. Never

broke a law in Tennessee. Worked for the Indiana

Lumber Company. God loving happiest days of my

life here with my wife and young Robert in

Tennessee.

REPORTER

(continuing to bear down on Frank)

Was you at the raid on Northfield, Mr. James?

FRANK

(bristling again)

No! I certainly were not! They Never proved a

thing, and for good reason. There’s nothing

to prove.

REPORTERWasn’t you supposed to be tried but they

wouldn’t extradite you to Minnesota?

FRANK

(irritated and angry)

Politics, sheer Yankee politics!

COLE

(covering for Frank’s irritation)

The James boys were just not there. Two

other fellas named ‘Woods’ and ‘Howard’got away. I ought to know, I was there

together with them.

COLE – (CON’T)



(shrugging reflectively)

Didn’t spend twenty-five years in Stillwater

Prison for nothing. Learnt my lesson. Model

prisoner too.

REPORTER

(smugly)

Crime doesn’t pay, eh?

Cole nods solemnly, secretly glares at the reporter.

FRANK

(chuckles but with a sad look)

Cole, I almost believe I never was at

Northfield. I told so many people so many

times I wasn’t. Hope God don’t hold it

me for not owning up to it publicly. I get

nightmares about it……hanging from a gallows.

Wake up in a cold sweat…see them men I killed…

FRANK

(remorseful grimace)

They’re hanging me. Sometimes I think it would

have been easier to hang one time than the

hundreds of times I dreamt it. Wife Annie and

little Robert watching…so pitiful…. Even before

Northfield I was hanging every night in my sleep.

Ugh! I had no where to turn but to God for peace.

EXT. TOWN SQUARE – DAY

SUPER: NORTHFIELD, MINNESOTA, STREET, SEPT. 7, 1876

A bank robbery is taking place

CITIZEN

Get your guns boys. They’re robbing

the bank!

A bullet misses his head, lodges in brick wall. Dives for cover.

BANDIT who shot at CITIZEN, dodges back into building with paintedsign FIRST NATIONAL BANK OF NORTHFIELD on front.

A CONFUSED MAN is unsure which way to go for cover.

BANDIT

Idiot, get out of the street!

CONFUSED MAN



(thick Swedish accent)

Kanst nicht sprek Anglish.

He falls to the ground having been shot dead in the head.

INT. HARDWARE STORE - SAME DAY (continuing)

We see the owner issue boxes of shells over the counter with

shotguns. Near the end of the counter, next to a jar filled with

peppermint sticks, some outlaw dime novels are displayed, such as The

Red Ranger of the Rockies, or, The Bandit’s Reward.

TOWNSMAN

(Townsman with gleam in his eye, and a repressed leer.)

Give me another box of them shells, will you?

Hurry… I’m going to bag me an outlaw so help me.

EXT. SIDE STREET, HOUSE WITH PICKET FENCE, SAME TIME

A HUSBAND thrusts self into house. Pushes past surprised WIFE, who

was going to hug him. Nearly knocks her over.

WIFE

Oh you’re home early, Finis? Why?

HUSBAND

Where’s my kepi? Where the hell is it?

Tearing through drawers. Grabs Civil War musket off wall.

WIFE

You haven’t worn it since last Fourth of July.

What’s happening out there?

Man runs out the door, nearly knocking his wife over again.

Jams cap on head. Wife starts to run after him but realizes need for

cover and returns home.

INT. LOBBY OF HOTEL – SAME DAY

Excited MEDICAL STUDENT rushes into LOBBY. Tosses text

books down on DESK-CLERK’S counter: Advanced Anatomy and

Surgical Technique.



MEDICAL STUDENT

Give me that Sharp’s rifle you keep, George.

Some men are robbing the bank.

DESK CLERK

What the?? Here’s all I got.

Desk clerk hands four cartridges along with the rifle. Medical

student grabs them and takes the stairs two at a time…, clears the

top step of the hotel stairs.

INT. HOTEL, SECOND FLOOR

Medical student barges into room. A MAN WITH A BLANKET around him

bursts into the hall, followed by a woman draped hurriedly in a

sheet. She is heavily rouged, and it is all smeared. Dyed black

hair.

MAN WITH A BLANKET

(to the woman he is with)Bandits! Out in the street! People are getting

their selves killed!

The medical student is at the window almost instantly, jamming his

first cartridge in and levering it up into place. BLAST! BANDIT

riding below blown from saddle.

MEDICAL STUDENT

(grinning)

E-e-haw, I got me one!

EXT. STREET OUTSIDE BANK, SAME TIME

Down on the street other bandits ride by, shooting; the fire is

returned from the buildings.

INT. BANK LOBBY, SAME TIME

FRANK

Open the safe damned quick or I’ll

blow your head off.

Frank with gun to terrified TELLER’s head.



BANDIT

C’mon, let’s cut his damned throat.

Puts knife to Teller’s throat, cuts his throat slightly in attempt to

intimidate him.

FRANK

(angry and desperate)

If you knew what was good for you, you’d best

open the safe!!

The bank-teller has a bloody lump on his head, where he has

been whacked with a gun barrel…neck bloody. He is terrified:

BANK TELLER

(terrified and stuttering)

Hon-honest! I I’, I, I’m t-t-telling y-y-you,

th-the safe has a t-t-time l-lo-lock on i-it.

Uh-hu-huh. I-it it it won’t o-open f-fors-several h-hours. B-be-believe m-me….I-I’m

t-t-telling th-the t-truth….

INT. BANK LOBBY, FRONT DOOR, Frank’s POV - SAME TIME

BANDIT covering Frank:

BANDIT

C’mon, man. We’ve got to get out of here, now.

This here place is a death-trap! They’s shooting

us all to pieces. Listen up, just c’mon, man.

INT. BANK LOBBY, VIEW FROM FRONT DOOR

Townspeople mowing down the bandits. Bandit covering Frank

rushes out to waiting horse.

FRANK

(in a rage)Damn you! You might could have saved your

life you idiot! Here’s what I think of your

‘time-lock’ story.

BLAST! The TELLER is killed, though OFF SCREEN

EXT. STREET OUTSIDE BANK



They have gotten no money from the bank. The other bandits are

mounted up. Some are wounded, bloody clothes, horses rearing from

gunshot noise. Frank springs into the saddle, head down, riding low

in the saddle.

EXT. STREET IN TOWN, LEADING OUT OF TOWN, (CONTINUING)

CITIZENS are deployed randomly, behind barrels, around corners,

waiting for their chance to pour lead into the retreating column of

outlaws. Outlaws start to fill the screen. Two men to one horse.

EXT. MONTAGE OF STREET IN TOWN

A) EXT. HARDWARE STORE, SIDEWALK

Hardware store owner’s face grinning, having shot an escaping bandit.

B) MIDDLE OF STREET

A CITIZEN throw rocks at the gang as they disappear in cloud of dust.

Baseball style, left arm full of rocks.

EXT. STREET IN TOWN, BAKERY

The HUSBAND from earlier with his kepi on aims his Civil War musket

across a rail, fires, misses by a mile and across the street, a large

glass window explodes, glass shattering its shards into some loaves

of bread in the window of the town’s bakery. He scowls.

EXT. ROAD OUT OF TOWN, IMMEDIATELY AFTER ROBBERY

We see Cole Younger on galloping horse, bleeding all over: has been

shot several times and clutches wounds as he rides low in the saddle.

No immediate posse is formed. Town in too much confusion-three

citizens dead, two outlaws dead.

INT. TELEGRAPH OFFICE, SAME DAY (within minutes of robbery)

OPERATOR sending message in Morse, from a hand-written note: BANDITS

HEADING WEST FROM NORTHFIELD. REQUEST FULL AID IN THEIR CAPTURE FROMALL LAW ENFORCEMENT OFFICERS. LARGE STREET BATTLE. CITIZENS KILLED.

SIX OR SEVEN BANDITS AT LARGE, HEAVILY ARMED.

EXT. STREET IN TOWN, IMMEDIATELY AFTER ROBBERY

LITTLE CHILDREN are out in the street, gaping at the dead outlaws

being drug to and laid in front of the bank. FAMILY MEMBERS

hysterical over dead citizens.



FAMILY MEMBERS (V.O.) CHILDREN

(Wailing, screaming.) Bang, bang, you’re dead, bandit.

Oh God! No-o-o-! Why?

The children shout at each other, pointing their fingers like

pistols. One boy has a crudely carved wooden pistol, another a

short, broken tree limb as a rifle, and another is using a small,

little girl’s broom as if it were a rifle.

EXT. STREET IN TOWN, SIDEWALK, (CONTINUING)

Bodies of outlaws and citizens have been lined up in front of the

bank.

PHOTOGRAPHER

(Plainly irritated with children.)

Where are your parents!!?? Don’t you touch the bodies

you hear? Go on…get…

One of the boys grabs a dead man’s hat lying nearby, and runs away

with his treasure. His friends squealing with delight run after him

jealously. PHOTOGRAPHER’S ASSISTANT comes up with the equipment, and

a photograph is taken.

CITIZEN (O.S.)

The bandits got away; they headed west.

SHERIFF arrives with deputies, to look over the bodies.

SHERIFF

(still in shock)

Got to find out who these fellows were.

DEPUTY

(full of confidence)

Probably the Sam Bass gang. You can tell from

their method of operation that’s who it was.

The medical student has come, clutching his Sharp’s carbine.

MEDICAL STUDENT

(pointing at a body)

Sheriff, I got that there one. I wonder, sir,

it’d be possible, er—you see… I’m a medical

student…



SHERIFF

(grins and glowers at the student)

And I reckon you want this here corpse to cut

up and learn all about the secrets a human

anatomy? You sure enough can have him. Good

riddance, but you got to pay for his burial when

you’re through carving him up. Save the good

people of Northfield the expense.

Medical student beams.

CAMERA FOCUSES ON THE DEAD BANDITS, FADES OUT

CAMERA FOCUSES ON DIFFERENT BANDIT, FADES IN – 3 weeks later

SUPER: SEPTEMBER 30, 1876

Picture of bandit grows smaller as camera draws back and reveals BOYStrading “Bandit” cards.

BOY

I got two Cole Younger. They

captured him. Trade you.

Cards pass around. There are six cards in the “set” of outlaws

killed or captured. One boy is clutching a newspaper. Camera drops

to focus on headline: YOUNGER BROTHERS CAPTURED. OTHER BANDITS

BELIEVED TO BE JAMES BROTHERS, ESCAPE.

EXT. ROLLING TREE-COVERED HILLS IN SUMMER GREEN - DAY

SUPER: NORTHERN MIDDLE TENNESSEE, AUGUST, 1877

Two wagons full of belongings. Two-year old JESSE, JR. squirming atZee’s feet; ZEE driving team of horses with one hand and the other to

manage the child. ANNIE driving team of other wagon.

EXT. FRANK AND JESSE ON HORSEBACK - DAY

FRANK and JESSE ride together off to the side of the wagons out of

ear shot of wives…Jesse, 30,about 5’8, thin, broad face with ice blue

eyes that have a weird winking tick. Hair dyed black. Frank, 34,



taller and slightly darker, also sandy hair dyed black.

JESSE

Just one more job, Frank. Make up everything

we lost from Northfield. That bank at Paducah

would be easy.

They stop at the junction of two roads.

JESSE – (CONT’D)

I can raise us a new gang. Be just like the

old days…

Jesse’s face is lit up; Frank looks angry at the suggestion. His

wife ANNIE, 24, (petite auburn hair)who is just sensing the drift of

the conversation as the brother’s become almost in ear shot, looks

apprehensive and irritated with her brother-in-law. Makes warning

face at her husband; doesn’t want ZEE, 32, (looks just like Jesse)to

see.

FRANK

(with bitter irony)

Just like the old days…Huntington, West Virginia…

Yeah, remember old Tom McDaniels? Found him in

A cornfield, didn’t we? Took him several days to

die as I recall. Didn’t they catch Jack Keene?


(shaking his head)

Heard he’s doing twelve years manufacturinggravel for the great state of West Virginia.

Free room and board, too. In these hard times

of economic distress at least he has steady

employment.

JESSE

Them men were losers, Frank. Outright amateurs.

We’re going to locate us some real experts.

FRANK

Northfield. How can you forget Northfield, Jesse?Nearly got ourselves killed.


(Rubs his left hip.)

My leg still pains me. We lost six out of

eight at Northfield, eh, brother? Let’s

see……m-m-m, Clel Miller—Bill Styles—Charlie

Pitts, getting his ass blasted by them damned



Yankees, dumb Swedes and Norskies…And what

about the Youngers? Ain’t they professionals?

Cole rode with Quantrill alongside me. Him and

Bob have a life vacation at Stillwater Prison.

Lucky to get that. Could have been hanged if

they hadn’t pleaded guilty. Miracle it weren’t

us, Jess. They ever catch me, I’ll stretch a

rope in the Minnesota sunshine for sure. We’ll

be lucky if we dodge Pinkertons from here on out,

just lying low and working for an honest dollar.

The very name “Pinkertons” incenses Jesse.

JESSE

Them swine, them devils. They blew ma’s arm

off and killed our little brother with their

infernal bomb…

FRANK(Frank’s shaking his head as he retells the story.)

Never would have happened if it hadn’t been for us.

We got to live with that till our final day on

earth. That shard from the smoke bomb drove into

Archie’s chest. Bled to death…only eight…..

JESSE

Frank, them Pinkertons are the real bandits.

They front for the railroads, they’re

just hired thugs….

FRANK

Ah,h Jesse, we talk this into the ground every

time we get going on it. Politics just ripping

our world apart. Causing neighbors to take

sides against neighbors.


(Rubbing his forehead)

Taking our land and giving it to the railroads

with the banks in cahoots. But its bigger

than us. They’re squashing us like bugs. Can’tget a decent job cause we were on the ‘wrong’

side. Charging us an arm and a leg to ship

our grain on the trains. But they got the power

and backing and its only of matter a time. We’re

going to get caught, Jess. Less we get killed

first. They’re never going give up. They’ll

track us to South America if they have to.



Frank grabs hold of Jesse’s reins, trying to make his point


You best face it. We’d just be fortunate if we

can say we gone straight for a few years, and

can show that we’re credits to the community.

With that, and our families, and our friends

up in Missouri government, why, we might get a

light sentence when the time comes. And it will

come, Jesse, as sure as anything in creation.

JESSE

(pleading)

Dang it, Frank. Don’t keep on keeping on. I

just need one more good take and I will be

able to leave it behind. I got to take care

of my family. I could buy a farm in Alabama,

or Nebraska. Without enough capital, I don’t

know if I can farm, brother. Without help andstart-up money I be chasing a plow looking through

two mule’s ears the rest my life. Might just well

be in Stillwater with old Cole and his brothers.

FRANK

Jesse, you know Papa would turn over in his grave,

him being a man of God and all. He’d want us to

search for God’s meaning in what we’re doing.

JESSE

Can’t get a job, can’t hold office, can’t

hardly do nothing a free man’s supposed to be

able to do. Second class citizens…less well

off than a darkie.

Jesse pulls his horse’s reins from Frank’s grip; gallops his horse

wildly away a hundred feet or so and just as intently gallops back

skidding to a stop in front of Frank.

JESSE – (CONT’D)

(looking dark and angry)Marked men, and nothing else that’s all we be…

Besides, they’re really not going to offer me

amnesty. Remember, I tried that and nearly got

myself killed back in ’65 up at Lexington.

Breathing is more difficult with a bullet in

the lungs. Trust me, brother, I got reason

none to trust Yankee swine, and plenty not to.



FRANK

It is your only chance, you got to make it work,

Jesse. With us establishing new identities we

can make it work. That’s the whole idea of

changing our names. You promised Zee. I’m

praying to God that I can hide out long enough

they forget about what we done. Annie won’t stay

with me if I don’t change. And somehow I can make

it right.

JESSE

I know, I-I know your right. I can’t let Zee

and li’l Jesse down. I know the feeling. But

that’s why I want to make one more heist. They

deserve better. So does Ma…

JESSE (CONT’D)

(Jesse’s mood changes: dark and determined.)

If we plan work from the cover of our farms

here and never, don’t never, let the wives,

or nobody know, we could do it. C’mon, Frank

one or two jobs. We might could go west like

we talked and settle down for real…in style.

Take Ma with us, give her the life she deserves.

They ain’t never going to find us; it ain’tgoing to happen. You’re talking defeat, that’s

not like you. I pray to God, but He helps them

who helps themselves. And lookee here Frank…

Jesse rumbles through saddle bag and finds a much abused

copy of a dime novel extolling the Robin Hood exploits

of the James Boys, and waves it at Frank. Frank is disgusted.

JESSE (CONT’D)

(trying to convince Frank)

See, Frank. We’re heroes from the war.Nobody’s going to suspect us being farmers

down here. War heroes don’t farm. We’re

suppose to be saving Missouri from the

evil bankers and train magnates.

EXT. DRIVER’S SEAT OF ZEE’S AND JESSE’S WAGON- DAY, SAME TIME

The wagons have stopped, and pulled side by side.



Zee sees Jesse wave the dime novel; rubs face in horror.

ZEE

(to Annie)

There he goes again. He really believes that

fiction they’re passing around like moonshine.

EXT. DRIVER’S SEAT OF ANNIE’S AND FRANK’S WAGON- DAY, SAME TIME

ANNIE

Don’t you worry, Zee, Frank’s determined to make

a new life, and bring Jesse right along with him.

Frank will make him do right, you wait and see, sweetie.

C’mon now don’t you have no hissy fits.

You know they set Jessie off.

ZEE

(looking half crazed)

What is Jesse saying to Frank? What are they

talking about?

ANNIE

(trying to ignore Zee’s angst)

Frank and hard work and your sweet loving will

bring him around. I know it will. Look how good

he’s been lately. We been praying about it.

ZEE

(Zee calls to the men)

You men going to talk business all day, or we

going to Nashville?

Jesse irritated that Frank is not budging. Spurs his horse way from

Frank; rides up to his wagon sliding to a stop

EXT. BY SIDE OF ZEE’S WAGON – DAY continuing

JESSE(irritated…pointing a commanding, husband’s finger at Zee)

Frank and Annie’s going to Nashville. There’s

that place I want to see in Waverly, remember,

Zirelda, I told you about it? Let’s decide after

we see it. Some good farming acres. Good price.

Place for some horses, besides the farming. We

ain’t decided, yet. Frank’s got hisself a job

with a lumber Company on the east side a Nashville.



We got to make a go with the farming.

ZEE

(registering surprise)

But Jesse, you said we might could find something

closer to Annie and Frank. Waverly’s so far. Must

be eighty miles…may as well be in Missouri.

JESSE

(softening)

Zee, we got to make our own way. We talked

about this. Now let’s not be making a

spectacle.

Wagons pulling apart. Jessie and Zee go west; Frank and

Annie continue south to Nashville.

EXT. FRANK’S AND ANNIE’S WAGON, SAME DAY - EVENING

Camp fire burning down, finishing eating

ANNIE

(pleading tone changing to sarcasm)

Jesse gets such strength from you Frank.

I worry about his resolve to go straight

being so far from you. I think he might

could have dark motives… He’s got an edge

to him I don’t rightly trust. I seen him

lie to Zee and make light of it.

FRANK

Nah, Annie, he’s just protecting her.

ANNIE

But I ain’t seen him lie to you. I just

have a bad feeling. Zee let’s herself

believe he’s fighting for the Southern

Cause. Ten years is a long time to not

be getting the idea. But maybe she can

change him. Be easier if we was nearer.

FRANK

(scowling)

You know it just angers me when you bad

mouth my brother. Just quit! He’s coming

along just fine.

FRANK - (CONT’D)

(reassuringly)



Let’s not us go round and round about this

yet again. I about got Jesse to see he’s

going to get caught. Well….he got the scare

put into him after our narrow escape after

Northfield. Did I tell you?

ANNIE

(looking irritated)

Yes, yes , Frank, you did and I don’t like

To hear those details…

FRANK

(oblivious to her irritation)

We posed as lawmen chasing the notorious

James brothers through the Dakota Badlands.Was almost funny… sort of….Besides, little

Jesse was born in Nashville back when they

lived there. Jesse didn’t much like living in

town then…wants to stay away from peoples so

much. Not scary if you just try to blend in.


(Frank as if relieved, turns to Annie)

Anyways, Annie! Maybe peoples would think we

were somehow together if we arrived at the

same time. It’s all for the best. For a whilewe got to act like we don’t know each other.

EXT. OUTSKIRTS OF WAVERLY, TN – LATE SAME AFTERNOON

Jesse, Zee and little Jesse are having a meal beside the parked

wagon. Camp fire, rabbit on a spit.

The proud parents are playing games like peek-a-boo with little Jesse

as they discuss their situation. Little Jesse gradually falls asleep

in his father’s arms.

JESSE

Y’all will see, Zee. We really can start over.

Best chances to enjoy living is to make it

happen. I give you my word. Glad I got an in to

sell some wheat and oats. When I get some money

up, I can get another race horse or two. But

first, the farm…



ZEE

(Zee winces at the thought of race horses.)

Jesse, we live in crazy times. Good things

look bad and bad things look good. I feel

so confused by it all. I know you’re fighting

for the Cause, and all. Somehow I still be

worried. Can’t sleep. Wakes me up fearing

they’re going to…well, you know…

JESSE

(trying to soothe Zee)

Now, now, there…

ZEE

We can’t stop bankers and railroads from

ruining our ways of life. You can’t crush

their power. Not to mention the Republicans

running the country. Trying to reconstruct

what they destructed. But maybe moving downhere into the south and way far from all that

confusion we can recreate some semblance of

life as we knowed it. Your opportunity to buy

and sell for the grain company is a start.

I still don’t much like being here so far from

things when you be gone so much with the grain

business. Not to mention I’m already missing

your Ma and my own kin folk.

ZEE – (CONT’D)

(Almost whispering and with firm resolve.)Another thing, Jesse. You got to promise me

you’re going to stop trying to punish the railroads

and the banks. They’re going to capture you if

they just don’t kill you outright. Some innocent

peoples will be getting hurt. I want li’l Jesse to

have a dad. Let’s make a go of it farming, grain

dealing, something honest. Please, you are such

a good man. And you mean well…

JESSE

There you go again. Accusing me of evil. Whoseside

You on, Zee? I don’t understand you no ways. Zee,

the Unionists are wrong, false, false, dead wrong.

They are the dishonest ones and deserve what ever

grief we can stir up. Besides, you never seem to

object when I bring home the goods.

ZEE



(looks conflicted; tears well up)

Jesse, I’m so grateful, jest plain grateful you

come back at all. Besides me and li’l Jesse has

got to eat, but I’d as soon it were from straight

honest labor. You got to keep your word to go

straight. They got might on their side, Jess, you

can’t change them single handedly, and certainly

not with your guerrilla tactics.

JESSE

(pretending disdain)

Oh, guerilla tactics, Really, Zee? You don’t

know…

ZEE

(driving a point home)Don’t need be no martyr, Mr. James. Look how

much blood has already been spilt…and they are

winning Oh, Jesse, let’s not fight. I love you

so and only want us to be a family.

They embrace.

JESSE

(sighs heavily)

I know, I know....

EXT. MONTAGE, ARRIVAL IN WAVERLY, TENNESSEE – NEXT MORNING

A) JESSE SIGNS FOR FARM - MORNING

A sign is passed, reading “WAVERLY, TENNESSEE,” as Jesse’s family

wagon proceeds into the center of a tiny town. We see Jesse enter a

building and in an office, he is signing some papers—close up, his

signature is JOHN DAVIS HOWARD.

Back in the street, with his family waiting in the wagon (like

tourists in a car) we see Jesse talking to a citizen who stretches

out an arm giving directions….

B) ARRIVAL AT THE FARM – NOON They arrive at a ramshackle cabin.

This dump of a home soon transformed by Zee, but her first reaction

is horror…revulsion at this farmhouse slum. Then romanticizes how

easy it will be to fix it.

C) WORK VIGNETTES – DAY Hurried sequence of “work” vignettes. Zee

sweeping tons of dust. Jesse chopping wood, mending a fence. Zee



doing hard work like digging with a shovel, with a two year-old boy

playing alongside.

D) MAKING A RACE TRACK – DAY Jesse is scything the tall grass in

the field…then driving posts….finally, riding a fast horse in a make-

shift race track.

EXT. JESSE’S RACE TRACK - DAY

Scene opens with TWO riders galloping across an imaginary finish

line. They seemingly arrive at the same time. One of the two riders,

JIM WARD, smiles as he brings his horse to a walk.

JIM WARD

Guess you owe me ten dollars Mr. Howard.

HOWARD’JESSE

Hell, think you got that backwards.

JIM WARD

Now what do you mean…?

Voices trail off in violent dispute.

EXT. ZEE CARRYING WATER FROM THE WELL – DAY (CONTINUING)

ZEE

Dave, supper’s ready.

She hollers to her husband in the distance as she is walking toward

house with a bucket of water.

ZEE

(to herself)

What is he up to??

EXT. JIM WARD RIDING AWAY IN A HUFF – DAY (CONTINUING)

EXT. APPROACHING PORCH –SAME DAY

Jesse is riding toward the house, laughing. Zee on the porch now, is

perplexed.

ZEE

` What’s so funny?



JESSE

Hah! I jest threatened to kill that

Jim Ward. He believed it.

Jesse slaps his leg involuntarily with mirth.

By accident Zee drops the bucket of water instantly at hearing this.

Her voice high pitched.

ZEE

You forgetting jest who you be? A fugitive. I

got permanent battle fatigue worrying what’s going

to happen to us. You promised things would

be different. Words like “kill”, “banks” and

“trains” set my innards on fire.

Zee is not hysterical or high-strung. Quickly re-composing herself,

she demands with frosty understatement:

ZEE

Did I hear you say you threatened to kill Mr. Ward?

Jesse snaps into some kind of awareness. He tries to soothe her.

JESSE

Oh, Zee, don’t you go getting all worked

up now. It’s jest in the heat of the moment.Red Fox beat his horse fair and square. Didn’t

Like him trying to bully me.

ZEE

You know you’re going blow your cover and get

yourself caught. Then what will happen to me and

li’l Jesse? Besides you made me spill a whole

bucket of water. You need to go fetch me another

bucket of water directly.

She begins to mutter with annoyance. She looksup squeezes water out of her dress too emphatically.

ZEE(CONT’D)

Jess, I read about half the peoples starting

on a farm don’t make a go of it in the first

year. Lose all their savings, jest like that.

She snaps her fingers; then with sweet sarcasm:



ZEE (CONT’D)

(sneeringly)

But I know you’re going to win a whole lot

more money racing horses…

JESSE

(irritated)

Now, Zee. You’re jest like Ma. I’m not

going to quarrel with you.

Then half to himself:

Should never married my cousin. Too much of

the same damn crazy blood.

With perfect feminine timing, and before he can retort, Zee instantly

smiles and out-stretches her arm with the bucket.

He melts under her smile.

ZEE

Here, now go get some more water and get

washed up. Blackberry pie ‘bout ready to come

out of the oven.

She then lapses back into more heavy advice. Calls to him as he heads

to get bucket of water.

ZEE

You ought not to be threatening nobody, notone, not even as a joke, Jesse. Folks liable

to think we’re…you’re some kind of outlaw. Now

I am doing my part, agreeing to call myself ‘Mrs,

Howard’ and even raise our li’l boy as a ‘Howard.’ Li’l

Jesse thinks his only-est name is ‘Tim.’

JESSE

I just slipped. I will make it so’s no one

will think me capable a anything but

being a yella belly. Yeah, what was I thinking?



EXT. FRONT PORCH OF NOLAN HOTEL, WAVERLY – DAY, week or so later

CAMERA FOCUSES ON FRONT PAGE OF DIME NOVEL:

WILD WEST WEEKLYAll of these exciting stories are founded on facts.

Young Wild West is a hero with whom the author was

Acquainted. His daring deeds and thrilling adventures

Have never been surpassed. They for the base of the

Most dashing stories ever published.

Young Wild West,

The Prince of the Saddleby An Old Scout

Grows smaller—it is seen that a FIFTEEN-YEAR OLD BOY is reading this,

while sitting on the porch of the Nolan Hotel, Waverly, Tennessee.

FARMERS close by are talking weather and crops. Suddenly Jesse (“Mr.

Howard”) comes running up, winded, scared:

HOWARD/JESSE

Hey, ruffians, down by the bridge…jest managed

to escape…please help…they attacked me.

FARMER 1

Maybe ought to go down and take a look.

Goes into the store and emerges with a shotgun and a .22 rifle.

HOWARD/JESSE

(ingratiating)

Oh, thank you. If them fellas ketch

up with me I don’t know what I’d do.

FARMER 1

Here, Mr. Howard, take this.

HOWARD/JESSE

(shakes head)

Uh-h, I’d, I’d rather not. Don’t like holding

guns on peoples, especially when they

already threatened me.



FARMER 1

(throws gun to boy)

Here!

Boy drops his dime novel and neatly grabs the weapon from the air on

reflex.

EXT. WALKING TOWARD BRIDGE INTO TOWN –DAY,

OLDER MAN WITH DOG

This ol’ hound’ll sniff out whate’er

critters’s there. Dog’s as brave as any

man of us. Maybe braver than some of us…

Looks with disdain at Mr. Howard.

OLDER MAN WITH DOG (CONT’D)

Go in there and get them, General.I call him General Forrest after

my old commander, because he’s fearless.

Barking. Sudden crash of bottle. Dog beats retreat, yelping, toward

the rear, passing the men.

EXT. BY THE BRIDGE - DAY, (CONTINUING)

DRUNK 1 (O. S.)

(Growls a surly voice from down under the bridge.)

Who goes there?

FARMER 2

(with shotgun)

Come on out or we’ll blow you out.

Two local DRUNKS emerge, shabby and unkempt, five or six day old

beards, grimy hands raised over heads, bottle in hand.

FARMER 1

(Turns to Jesse.)

Oh, hi, Henry. These fellas’s is local fixtures.

DRUNK 2

(offers Jesse half full bottle)

Here, take yourself a drink.

HOWARD/JESSE



(Jesse declines.)

Let me explain—

DRUNK 1

We jest met him down by the bridge, wanted to be

friendly, didn’t mean him no harm. Feller sure

spooked. Ran off real sudden…like a rabbit.

HOWARD/JESSE

Ha, Ha. Yeah, I guess it’s all funny now that

I think of it. Honest, I thought you boys was

out to rob me.

FARMER 2

You sure scared easy, son.

The teenager looks wary of “Mr. Howard,” and distances himself as

they walk back. The boy marches with his .22 on his shoulder with

soldierly affectation. “Mr. Howard” is still trying to explain toanyone who will listen………

INT. NASHVILLE FEED STORE, COUNTER – DAY

A sign fills the screen: NASHVILLE’S LARGEST SUPPLY OF

GRAINS AND FEEDS. B.S. RHEA AND SONS

HOWARD/JESSE

If it’s not one thing, it’s two more.

Crops fail. It’s now my hens won’t lay.

MR. RHEA

Nobody among my customers trying harder than

you to make a farm go, Mr. Howard. Now

here’s something you jest might could try.

Mix it right in with the feed, Dr. Quigley’s

Electro-Invigorator. Invented them electric

belts. My cousin Fate he uses one.

Gestures to a poster-calendar advertising the miracles of the

electric belts, and other Dr. Quigley products.

MR. RHEA

Now this Invigorator removes impurities

from the blood in man or beast. Or fowl,



you can be sure. At least, I got several

farmers that swear by it.

Jesse digs out two of his last dollars.

CAMERA PANS BACK, to reveal back of a man who is walking up. Mr.

Rhea recognizes him.

MR. RHEA

Dave, I want to introduce you to this here

good customer a mine. Ben Woodson. Ben, this

here is Dave Howard out of Waverly. Dave here’s

farming some land over on the Link place ten

miles west of Waverly.

Jesse reaches out his hand, smiling broadly. The man whose back we

first saw is now revealed to be Frank James.

WOODSON/FRANKPleased to make your acquaintance.

HOWARD/JESSE

Great store here, huh? Pleased to meet you.

What did you say your name was?

INT. FEED STORE, BEHIND FEED BAGS, ETC. – DAY

Jesse contrives some farm small-talk, as Mr. Rhea turns away to give

an order to one of his clerks. Then Jesse grabs Frank’s sleeve.

Nods him back of the counter, behind a pile of feed bags. Here Jessestarts in again on Frank:

HOWARD/JESSE

I been studying this real close. All we need

is four good men. My information says there’s

a bank in Owensboro, Kentucky that’s jest loaded

with money from the steamboat trade…I was talking

with a steamboat captain the other day…

WOODSON/FRANK

(annoyed)

Will you quit, Dingus?! Not interested in

planning a heist. All banks are easy, Jesse,

if your lucky. But how can you tell me you



can make it happen? How can anybody know

if a bank teller’s going to open a safe or

not? Even with a gun at his head? We couldn’t

get a look inside that Northfield safe, Jess.

HOWARD/JESSE

Them Younger boys had too much drink, Frank.

Anyways, Northfield was Cole Younger’s idea….

WOODSON/FRANK

(Changing the subject.)

How’s Zee and li’l Jess getting along?

HOWARD/JESSE

Oh, good as ever, I reckon. We’re hurting,

needing money. Farming’s brung me down. Owe for equipment

and feed and barely managed to pay last month’s rent. Had to

sell the cattle still oweCooley for.

WOODSON/FRANK

First year’s the hardest in anything. If you need

to, come live with us. But you’re good at farming,

you’ll do fine. Come to church with us.

HOWARD/JESSE

(half to himself)

You been talkin’ to Zee.

HOWARD/JESSE (CONT’D)

(intent on making Frank agree)

I don’t know, Frank. Wish I was good at poker

like you. I owe a few diddly-squat gambling debts….

Don’t tell Zee. Really…. But damn it, that ain’t

the point. We need one good haul, and then we might

could buy our own land and really dig in with our

families. I…we owe it to our wives. Then I might

could make me some money—some big money—with race

horses, if I just had a nest-egg. Got to come up

with it. That’s why I need one last bank job.

WOODSON/FRANK

Ever thought of hauling lumber? I been doing

that part-time. Make good money. By the way,

Annie’s expecting. Going to need a little help

from Zee maybe. We all have to get together soon.

HOWARD/JESSE



Frank, that’s wonderful. Hope all goes well.

Slipped my mind, but Zee jest had twins two weeks

ago. Boys, born early. Both died. Buried. Zee…

it’s brung her down right smart. I stopped in the

dry goods store and got her a bolt of calico to

make herself a dress. Looks best in blue. Might

could cheer her some.

We see Mr. Rhea looking for the brothers. Shows surprise to find them

hidden behind some bags of feed.

MR. RHEA

Your order will be ready, Mr. Woodson. For fellas

what don’t know each other, you sure got a lot to

say back here. Why don’t you come back out by the counter?

HOWARD/JESSE

Was looking for some feed stuff. Oh, Mr. Woodson

here he knows some peoples up at Waverly. So

when he heard I was from there, he wanted to fillhisself in on their doings.

Mr. Rhea smiles, but then looks at them both intently again when they

are not looking. Doubt is all over his face.

EXT. FIELD AT JESSE’S FARM –DAY, SPRING 1878

WILLIE, the farm hand, runs up to the house.

FIELD HAND

Missus Howard, Missus Howard, Mister Howardin terr’ble way. He fall down like he got

da swamp fever.

Zee and Willie, haul perspiring Jesse into the house. They struggle

with the dead weight of the man. Willie is sent for DR. MONTGOMERY.

As he enters Jesse is delirious, sweaty, agitated and in bed.

INT. JESSE’S HOUSE –DAY

HOWARD/JESSE

(Jesse delirious, in bed)

Watch your backs. We got to shoot our way out

of here. Blast them blue bellies. Can’t let

them take us alive. Cut through their lines

and into the woods.

DR. MONTGOMERY



Husband’s in the war, I take it?

JOSIE/ZEE

Who wasn’t? Yes, he served with General Joe

Shelby.

DR. MONTGOMERY

Fine Southern officer. Y’all’s moved down here

from Kentucky, didn’t you? It’s a shame Shelby

had to depend on scouts from Bloody Bill Anderson.

Had no choice. It don’t reflect none on him, hell,

there were no one else but that butcher Anderson in West

Missouri except for Yankees. But if your

husband served with Shelby, now that’s different.

JOSIE/ZEE

Yes, we’re all mighty proud of Dave’s war record.

With Gen. Shelby.

DR. MONTGOMERY

Ugh! That Bloody Bill Anderson, now-w-w, he’s

something else. Jest like that monster Quantrill,

who gave him his start. That’s where them durned

James and Younger brothers served, you know. Look

what happened to them. Rode with savages. Still

are savages. Did you ever see them up there?

JOSIE/ZEE

No, but them Union Jayhawkers was jest as vicious

and bloody. I heard plenty of jest plain awfulstories about them. Killing women, babies and old

men; burning farms, poisoning wells. They say the

Southern guerrillas was protecting the people,

from them butchering Yankee soldiers.

DR. MONTGOMERY

There’s some truth to what you say, Josie. In

fact my brother-in-law’s family was bothered by them…

burnt their barn. War’s never pretty. Jestthe same, they’re going to get the James brothers.

JOSIE/ZEE

(Looking suspiciously.)

Why you talkin’ about the James gang?

DR. MONTGOMERY

All you ever see in the newspaper. You don’t get



a paper out here much do you? They’re closing in

on them bandits. Keep seeing where they’ve put

another away in prison. The bandits are giving

State’s evidence against each other…a house divided will

fall…you know that’s right? Every train robbery..bank..blamed on

the Jameses. It’s over

ten years since the war ended, and they’re still

robbing freely. Don’t believe they think it’s

about fighting a war anymore; their robbing seems

more like big, easy money than jest settling the

score. They’re going to catch them. Like they caught

them Youngers already up in Minnesota. Thousand

peace officers chasing them.

DR. MONTGOMERY (CONT’D)

(Stands to go)

James boys got plumb away. T’were seen up in

Sioux City, Iowa. Mighty awful bad about that

bank teller. Killed. Shot right in the head.Couldn’t open the safe..had a time-lock on it.

Zee looks ill, tears welling up in eyes. Stays out of Dr.

Montgomery’s field of vision.

DR. MONTGOMERY, (CONT’D)

Hate to see decent citizen’s done that a way.

Just a matter of time before that James trash

will be brought to justice. Disgrace to the noble

Southern Cause.

Doctor doesn’t see Zee wince as her breathing deepens to stifle her

panic.

DAVE/JESSE

(Still delirious.)

I need water, get me a canteen.

DR. MONTGOMERY

Get me a basin of cold water

He continues to apply wet cloths to Jess’s forehead

DR. MONTGOMERY

Keep him down and give him this here quinine. One,

morning, noon, and another before you go to sleep.

Gives Zee small bottle of quinine. As he leaves, Zee presses a



basket of eggs upon the doctor.

JOSIE/ZEE

Here, doctor, it’s jest a li’l toward what we

owes you. For the twins and all too.

DR, MONTGOMERY

You doing okay, since the twins? Come too early.

Not growed enough. Sorry, not likely for babies

that come that early to make it. My you’ve got

those hens to laying again, I see.

JOSIE/ZEE

(Zee nods yes, shrugs shoulders.)

Oh, yes, Dave got the hens back to health with

this remedy.

Zee shows him the bottle.

DR. MONTGOMERY

(reading the label)

DR. QUIGLEY’S ELECTRO-INVIGORATOR.

GOOD FOR MAN OR BEAST (h-m-m) INTERNAL

OR EXTERNAL USE. 50% ALCOHOL. Looks

like high time in the hen house, tonight.

INT. KITCHEN OF FRANK AND ANNIE’S HOUSE – DAY

SUPER: NASHVILLE, FELIX SMITH PLACE, NOVEMBER 1978

ZEE

(smiling)

Annie, it’s so kind of you and Frank to takeJesse and me in. Couldn’t farm at all all summer

for the malaria weakness and sweats. Getting on

my last nerve worser than when I nursed him back

to health after he was shot in the chest

surrendering to them hateful Yankees. That’s when

we knowed we wanted to marry… back when we’s sweet

on each other. He was so brave…



ZEE

(Zee’s smile turns to anger)

He near died…suffered something awful. Now he’s

just aggravating the snuff out of me. Couldn’t

pay the rent, borrowed money from a couple of

locals. So he’s being sued. He’s depressed, and

me right along with him. Trying to keep cheerful

for li’l Tim’s sake. If it weren’t for y’all we’d

be caught between a rock and a hard place. I tell you,

I am so grateful that Jess’s out looking for a real job. Frank’s

a good influence on him, Annie.

I jest don’t know what we’d do.

ANNIE

Oh, Zee, you know that’s what families’ are for.

Besides li’l Robert here’s been so fussy, cutting

teeth and all. I’m glad for some help. Cutting

teeth early. My granny said that’s a sign of

intelligence. You ever hear that?

Six-month old Robert in cradle; Tim stirring with big spoon

a mixing bowl half filled with walnuts in the shell on the floor by

the mothers.

Jesse comes in. He is buoyant, and anticipating a horse race.

INT. KITCHEN OF FRANK AND ANNIE’S HOUSE – DAY

JESSE

Red Fox’s the fastest horse I ever rode. We’ll

win that race tomorrow. He’s in rare form.

The women wince behind his back.

ANNIE

(To Jesse.)Hope you feel as good as you’re looking.

Your color’s some better, Jess.

INT. PARLOR FRANK’S AND ANNIE’S HOUSE –DAY

Zee and Jesse go into another room to talk quietly. They embrace, a

quick but affectionate hug.



ZEE

What are you going to do about Ennis Cooley?

Moving away hasn't solved it at all. With him

suing us. You better be lucky at the races.

It's so embarrassing, being served a summons

in public. Now I heard the Cooley boy can't

go to medical school with the loss a that money.

JESSE

It's them lawyers. They all stick together. Not

be surprised if mine and his was in cahoots. They

get rich off bleeding the working man.

Zee shudders and grimaces through this tirade; Jesse doesn’t notice.

JESSE

Besides, Cooley's a coward. He's been calling me

A crook. And he refused my challenge for a duel.

Man that won't meet on the field a honor hain'teven a man...

Zee turns her head. Grabs her stomach. She can only listen to so

much.

JESSE

Zee, honey, don't you worry. We going to win us

some money at the race...

He flashes his contagious grin. Voice trails off as scene closes. Zee

looks even more devastated.

EXT. NASHVILLE RACE TRACK – DAY

We see Jessie come in a close second on his horse.

A local sheriff's DEPUTY, looks intently at Jesse’s

horse, since it seems more wild than the average horse. Jesse handles

it exceptionally well. The deputy by-stander again nods with

appreciation. The deputy smiles sincerely.


DEPUTYWhoa there, nice race, Dave.

HOWARD/JESSE

Be better if I won. Thanks jest the same.

DEPUTY

You sure knows how to handle a horse. That’s an

Army saddle. You in the Four Years’ War?



Jesse smiles, not threatened by the question.

HOWARD/JESSE

I was born on a horse. Can’t remember ever walking

no place. Oh-h-h, ye-e-s, I spent two years with Shelby.

Who wasn’t in the late great Unpleasantness?

Or affected by it? Dangdest thing that ever happened

To this country.

The deputy beams. Shelby is a name to stir pride in an ex-

Confederate.

DEPUTY

Yes, Shelby. Fine a cavalry officer and gentleman

as any man what served under the Stars and Bars.

The Southern Cause might could have flourished if

he had more than trash to rely on. Them bloody

butcherers, Quantrill and Anderson inflamed the Unionists

with hatred for their lawlessness. FourYears War, sad times. Did you hear in the news?

Last week, Jesse James was killed.

HOWARD/JESSE

Not again! I hope it’s for real this time.

Spare me the details…

DEPUTY(polishes the badge on his chest.)

It was bound to happen. Them James boys got their

start with Quantrill and Anderson. Learnt to be

guerrillas and kept on these dozen years stealing

under the pretext of continuing the war. I wonder

what they do with all that train and bank money?

I fought in Franklin, one of the bloodiest, under

Hood. But when the war was over, I was grateful.

Now look at me, I am an officer of the law. You

can’t tell me you can’t get ahead even though you

was a Confederate. No excuse for what that gang’sdoing. They are jest making it harder for us decent

folk.

HOWARD/JESSE

O-o-h, well, now I'd hate to pass judgment. Them

innocent Yankees did terrible things. Murdered

peoples, dragged women and children off to prison

without trial. Beat on young boys. Any government



that makes war on civilians isn't Christian, isn't

even human...

The deputy shakes his head and turns away. Scene dissolves in a

blurry haze connoting a flash-back.

EXT. MONTAGE UNIONIST 0CCUPATION OF MISSOURI – DAY

SUPER: "MISSOURI, AUGUST 1863."

UNION SOLDIERS burn down a family farm. REFUGEES are leaving.

CHILDREN cry to see their little animals being butchered. HORSEMAN

pursues a chicken with his sword on foot, laughs, pulling his horse

along behind him. As the families move along in wagons or on foot,

worldly goods drop into the mud. A Union soldier's horse tramples a

child's doll just as she reaches for it--her mother pulls her back.

Another soldier throws dead chickens down a farmhouse well. A woman

turns away with a look of nausea.

EXT. FARM YARD – DAY

SUPER: "THE JAMES FAMLY FARM, KEARNEY, MISSOURI, SUMMER, 1863

YOUNG JESSE (15 years old) apprehended by Union Jayhawkers in blue

uniforms. They beat him savagely, then drag him and drop him at the

feet of his STEP FATHER who is being pulled up and down from a treelike a yo-yo with a noose around his neck. Soldiers then cart him

away half dead.

Jesse’s YOUNGER SISTER is looking on, cries hysterically

ZERELDA JAMES SAMUEL, Jesse’s mother who is a large woman about two

hundred pounds and 5’10, hair in a bun. Is pushed aside by the

soldiers. She tries to shield her two children from the sight.

ZERELDA

Jess, get me some water for your cuts. Don'tjest stand there. They no kinda men…beatin’ on

a boy. No tellin’ what theys goin’ to do to your

step-dad.

The young boy complies, his face in tears. She begins to bathe the

cuts and scrapes on Jesse’s face and arms.

EXT. TRAIN DEPOT - DAY



SUPER: CENTRALIA, MISSOURI, SEPTEMBER 27th, 1864

Screen fills with bullet-riddled sign outside of train depot,

proclaiming CENTRALIA. In the background is heard a number of

voices...singing drunkenly, whooping it up, and then another bullet

hole is splintered into the sign.

Camera comes down from the sign. UNION SOLDIERS lined up in front of

the train station, down at the level of the tracks next to a

passenger train. They are clad only in their long-johns, guarded by a

group of GUERRILLAS, who are dressed in motley attire: civilian

clothes mixed with Union uniform pieces, various style hats (and

various colors).

One man's hat is rakishly pinned back with a gaudy star. They are

wearing “too many" guns also, three and four revolvers a piece.

Some of the other guerillas look through the pile of blue Unionclothing that has been stripped from the soldiers. They search

pockets for valuables, and try on Federal pants, boots, tunics. The

Union soldiers have been going home on leave--this is a regular

passenger train.

Trunks being cast off the train; guerillas break them open. Someone

shoots a lock off. One man rummages in the trunks—tosses a lady's

dress over his shoulder. PASSENGERS are present, also under guard and

witness this vandalism of their possessions.

WOMANThem’s my hats!

A particularly ferocious looking BANDIT dons a lady's hat for comic

effect. Many of the passengers are physically fleeced, and not with

any "Robin' Hood" cavalier charm. Watches are yanked off watch-

chains, rings are torn off fingers.

One of the guerillas struts with a cane and top-hat.

Another wears a derby on top of his regular hat. Another is opens a

box of stolen cigars. Hands reach in; cigars are lit ostentatiously,

as if by discriminating connoisseurs.

BLOODY BILL ANDERSON

I warned the Yankees this’d happen. They jest

wouldn't listen. They really think they could

invade a sovereign state a freeborn citizens and

trample on their rights? We only wanted peace and

they brought us war. They violated God’s laws.



Anderson produces a small, worn leather Bible from an inside pocket.

BLOODY BILL ANDERSON, (CONT’D)

It‘s the word, from Genesis 9:25. Canaan son of

Ham was cursed. Indeed, he was to be a servant of

servants...unto his brethren. The Jews shunned

the Canaanites, and this is proper. The darkie today has

his natural station in life. It's them damned abolitionists who

brung the wrath a the Lord on the honorable State of Missouri.

Shots are heard. There by the tracks are twenty-seven Union soldiers

sprawled on the ground, dead. The guerrillas ride past. In the

saddle Jesse James turns and looks back. His youthful face fills the

screen....It dissolves. Then it fades into:


Jesse's face fills the screen in the same position and expression as

the young Jesse just encountered. This is a dejected Jesse, still at

the race-track. Zee is with him.

JESSE

I wonder if I shouldn’t go back to Missouri,

Zee? To see my ma. Jest for a visit. Got to let

her see I be doing better from the swamp fever.

ZEE

Oh, Jesse, we’re jest getting settled in here.

What if they want you at the mill, and y’all’s

gone. You know we needs the job.

She turns to Annie who is with them, anxious for her to reinforce

this. Jesse stalks ahead somewhat, glumly, out of earshot.

ZEE

(to Annie)

Poor Jesse, he’s been discouraged of late. Thatplace was sure hard to farm. He had such bad luck.

Even the chickens got sick and died. But between

me and you I worry about him getting the opportunity

to meet up with some his old crowd that spells

trouble.

ANNIE

Oh, Zee, you don’t suppose…Oh, oh that's



terrible, it’s been nearly two years since,

they, they…changed. Frank’s proof that peoples

can turn themselves around. Jesse can too, even

with his bad luck.

ZEE

Oh Annie, what am I going to do. He is so head

strong. I don’t want him going. Uhh! I can’t stop

him no how. He ain’t like Frank. He jest won’t

listen to me. He’s crazy about me, but it drives

him even worse crazy that he can’t take care of

me and li’l Tim.

ANNIE

(wraps arms around Zee, patting her shoulders.)

There, there, Zee. Maybe he’s jest wanting to

see his Ma. You know how stuck the boys are on

their Ma.

ZEE

Oh, Annie, Annie…

Both pull their shawls around themselves tightly.

EXT. SEDALIA NEWSPAPER OFFICE - TWILIGHT, establishing

SUPER: SEDALIA, MISSOURI, September, 1879

A rider is silhouetted; he reins in at a hitching post. He approachesa newspaper office. The lair and kingdom of John Newman Edwards.

INT. NEWSPAPER OFFICE- EVENING, establishing

On the wall is a picture of Robert E. Lee, also Sterling Price and

Shelby. Edwards (fiftyish, medium build with long beard and

moustache, piercing dark eyes) writes at his roll top desk. Orange

cat is sitting on top of some papers. There are visible some English

popular novels, such as Dick Turpin the bandit, and a dime novel or

two.

EXT./INT. NEWSPAPER OFFICE- TWILIGHT, establishing

Outside, we glimpse the rider who has dismounted. It is

Jesse James. He pulls a bandana up over his face, and pushes open

the door.



EDWARDS, writing at his desk, has hit a momentary snag--he mumbles,

gropes for the right word, then turns and reaches for his nearby

flask. He swigs a snort, then, inspired, re-attacks his writing

assignment.

Suddenly he looks up--surprised, almost stupefied at a drawn gun

pointing at him. Edwards is still cool, not flinching or panicking.

Raises his head slowly.

EDWARDS

You wouldn't rob a Confederate veteran now

Would you? I'm jest a poor journalist, and I'm

always starving. Like any man who tries to

write the simple truth.

Jesse pulls down his mask and smiles. Edwards cannot believe who he

is seeing. Face expands with joy. Jumps up and pumps, his hand.

EDWARDS (CONT’D)

By gosh! What a sight for bloodshot eyes. Heard

you boys was down in Mexico…that's what I keep

hearing. Personally, I would have suspected you

might be in Tennessee because you always liked it

so much, and they got nothing on you down there…

JESSE

Fraid them stories are right. Mexico is something

else. Got me a ranch down there. Raising a wholeheap of cattle. Long horns. Zee don't much like it

there. But my brother, Frank, he’s real bad off;

got consumption, you know. Spitting blood. Even in that

dry climate, I fear he ain't long for this

here world. Now you keep all this to yourself,

Major Edwards.

EDWARDS

(solemnly)

If anyone can keep a secret, it's me. I guess

you seen this?

Holds up book, his Noted Guerillas.

EDWARDS (CONT’D)

Almost 500 pages long. Couldn’t say enough about

you heroes. Here listen to this: “Anderson,

newly above the horizon, was flashing across the military

heavens as a war comet. Left to himself



and permitted to pursue his placid ways in peace,

probably the amiable neighbor and working man would

never have been developed into a tiger" Page 164,

right there it is.

Edwards thumps the page.

EDWARDS (CONT’D)

There, didn't that set the record straight? He been

so maligned by them Yankee hack writers…I won't even

call them journalists. Reading their lies, you'd think

Captain Anderson was the incarnation of the Devil

himself.

Jesse looks away, to hide a grin.

EDWARDS (CONT’D)

Look, see how I vindicated you boys.

Camera focuses on a Frank and Jesse James passage. Edwards starts

reading.

EDWARDS(CONT’D)

“What else could Jesse James have done? He had been

a desperate Guerrilla; he had fought under a black

flag; he had made a name for terrible prowess along

the border...hence the wanton war waged upon Jesse

and Frank James, and hence the reasons why today they are

outlaws..."

JESSE

(Jesse dead pans.)

Major Edwards, you done proud by us. We’re

fixing to live up to what you say about us.

EDWARDS

(waving hand in air)

Hell, I only told the truth. Unlike them Yankee

scurrilous scribblers up north. Them writers

is literary whores. Nothing more. Me, I hain't

even really started yet. You boys, jest you andFrank, deserve a whole book a your own. I want

to tell your whole story. Think you’re famous now?

You hain't seen nothing. You been persecuted

unmercifully. It's all got to come out. People got

to know how you been hounded for no other crime

than serving the Southern Cause under them noble knights

of the bush, Colonel Quantrill and Captain Anderson. I been

fighting for you boys ten years



now, in print. Every single time they say you did

a job, I refuted them. They never can prove where

your at. I can usually show you were somewhere

else. 'Course, I do give credit where it's due.

Whoever is doing them robberies is as bold as

anyone from history. Be it Rob Roy or Robin Hood,

is an achievement...

JESSE

Boy, you sure don’t spare no praise in setting facts

aright. Yeah, I been reading the book. Learning a lot too.

Major, do you think they're ever going to get me?

EDWARDS

Not the great Jesse James, he can slip though a

thousand traps. Why, you know every back trail in

three states. Every farmer, no, every person who ever wore

Confederate grey or aided the Cause supports you, and will give

you refuge and succor.

JESSE

Major, I mean…really. These Pinkertons, they’ll never give

up. It's all political.

EDWARDS

(Edwards looks more sober.)Well, I admit, one misstep, one moment of bad

luck and it’s all over. The thing we got to do

is get the right man in, as Governor. I'm well

placed in Missouri politics. If we could run

General Shelby or General Marmaduke for Governor,

I know I could personally secure a pardon. Got to

do something. Some of them treacherous Republicans

are calling our oppressed land; ‘The Outlaw State.’ Some

of them demagogues are fixing to run on a

phony reform ticket. Talking about 'cleaning up'

the State. I fear they'll elect someone on ananti-Confederate ticket and make a scapegoat

out of some poor boy whose only crime was he fought

for his homeland....

JESSE

You see what you can do. But I tell you, I can't

wait forever. It right smart hurts my pride…

and Zee's…to think that every two-bit thug who



robs a train gets it blamed onto Frank and me. And we

can't come forward to exonerate ourselves...

EDWARDS

Jess, I'll do everything in the power a my

connections to swing some kind of deal. With a

little maneuvering we jest might could get it set

up. Reclaim your rightful reputations as Missouri

patriots and let you settle into respectable lives

as honored citizens. No less than you deserve...

Places hand on Jesse’s shoulder.

EDWARDS

Rest assured. Whatever happens, I'll always write

the truth....

INT. GLENDALE COUNTRY STORE - DUSK.

SUPER: GLENDALE, MISSOURI, OCTOBER 8, 1879

MEN play checkers. A dapper, well-dressed YOUNGER MAN whittles a

piece of wood - a pistol from a torn-out model in a magazine. He is

proud of it. This store is about 75 feet from train depot

YOUNGER MAN

(admiring his handiwork)

Jest like the real thing.

Another man reads a dime novel titled: Red Rob, the Boy Road-Agent.

Suddenly the door is kicked open. THREE MEN rush in, guns in hand.

The dime novel drops to the floor. The wooden carved gun drops to the

floor.

INT. GLENDALE TRAIN DEPOT – DUSK

Inside the depot a BANDIT walks up and bangs on the metal grill of

the ticket window with a pistol. He has a bandana on over his face.One CLERK is not visible to the robbers. He thinks he can escape and

foil the robbers. As he turns toward the door it opens, and in steps

Jesse, in the same attire that he wore visiting Edwards, and with the

same bandana-mask up over his face. With him is WOOD HITE, his

cousin.



JESSE

Now you wouldn't want to take long, now. You could

be missing an important moment in history. Y’all’s

about to assist a robbery by a famous outlaw. You be able

to tell your grandchildren you were robbed by Mr. Billy Bonney.

CLERK

Not--not the Billy the Kid....?

JESSE

(points guns)

Ably abetted a course, by his two colleagues, Mr.

Smith and Mr. Wesson.

Another BANDIT comes in the back door of the depot,

nervous, out of breath.

BANDITIs it all clear, here?

JESSE

(Jesse nods. Yells it out the back door.)

All clear.

EXT. GLENDALE TRAIN DEPOT – DUSK

A crowd is herded across the yard from the adjacent store. The dime-

novel reader clutches his book which he has picked up again, and it's

over his head: his hands are up. The man who had been carving the gunpleads to be spared.

GUN CARVING MAN

Don't kill me. You can have my money. I’m

getting married….

BILL RYAN

(A jaded, nervous bandit, BILL RYAN, looks ready to kill.)

Shut up. Ya’ll say one more word and you will

be getting your mail from the ground hog.

The captives are herded unceremoniously into the freight shed. Ryan

out of no necessity, just meanness, boots the gun-carver into the

shed with a kick in the pants.

JESSE

What time this here train due in?

BILL RYAN



Hour.

CLOCK on the wall shows progression of an hour.

EXT. GLENDALE TRAIN DEPOT – EVENING

JESSE

(to station agent)

Lower the signal for them to stop.

STATION AGENT

I-I can’t it’s broken.

Jesse forces his six-shooter into the man's mouth. The man, with the

pistol barrel down his throat, is forced to walk back a couple of

steps. With one hand he lowers the signal.

EXT. TRACK OUTSIDE STATION – EVENING continuing

Train screeches to a halt. Gang goes into action. Shoot at the train.

Shoot into the air. The CONDUCTOR appears in a car's doorway, then is

driven back by a warning shot.

INT. VARIOUS CARS ON TRAIN – EVENING

DICK LIDDIL captures the engineer, while TUCKER BASSHAM and WOOD HITE

go into the passenger car. PASSENGERS are looking up from their

newspapers; headlines include: JOHNSON PLEADS INNOCENCE IN GRAFT CASEand THE STATE OF AFFAIRS 'IN THE WEST.

A pistol is shoved into a LADY's face; a hand pulls a ring off her

finger. An OLD CONFEDERATE VETERAN in a grey forage cap looks

terrified--one bandit takes cigars out of his pocket. Another bandit

takes things from the old man's pocket, tosses the loot into a flour

sack.

Meanwhile in the express car, ED MILLER has found a sledge hammer.

Jesse is standing by. Miller swings one blow, CLANG against the door

of the express car.

ED MILLER

So you locked yourself in, you son-of-a-bitch. If

You don't unlock this door, you’re a dead man.

The door slides open. They rush in, intent on finding whatever is

there. The EXPRESS AGENT is forced to open the safe. Then he is



shunted aside, and as the bandits clean out the safe he tries to

escape. Jesse however knocks him unconscious with his pistol butt.

The gang fills the flour sacks with banknotes and negotiable

securities, as fast as they can; this is not a leisurely, orderly

heist.

EXT. TRAIN DEPOT PLATFORM – EVENING

Jesse is back on the platform. The flour sacks are full. Somebody on

the train fires a shot, which grazes the trousers of Wood Hite. Ryan

and some others return this fire.

JESSE

Best be going, it ain't safe around here no how.

EXT. HICHING POST – EVENING (CONTINUING)

Bandits mount up. As they ride out, they pass the GLENDALE, MISSOURI

sign.

INT. FRANK AND ANNIE’S HOME – DAY week after robbery

ZEE

(reading aloud from newspaper)

“Glendale Train Robbed: James Gang suspected.

James Gang Glendale Robbery Disputed by Major

Edwards. Offers evidence that Frank James is

dying of consumption. Reputed hide-out in

Mexico. Pinkertons skeptical.”

Paper drops, reveals Zee's face contorted with anger...Jesse comes inthe door.

ZEE (CONT’D)

Well, Jess. How much money did you steal this

time? You went to see your Ma? Hm-m? Looks like

to me you went to rob a train. Look me in the eye,

Jess, and tell me it ain’t so. Jesse don’t do this

to us. You got a family. What happened to your

promise?

JESSE

Now, Zee. Them Yankee robber barons got money

coming out their ears. This’s just restitution

for the trouble they’ve caused. Think how those

railroads hired the Pinkertons to blow my Mama's

arm off with that diabolical bomb, and kill my li’l

brother Archie. It's only evening the score. Besides

they’re robbing honest, hard-working



Southern folks with their blood-sucking freight

rates. Sheer Yankee meanness against poor Southern

peoples.

ZEE

(Zee looks tired or the same old story.)

Is that what I'm going to tell our young uns

when their pa’s been brung down?

JESSE

(A funny look crosses Jesse's face.)

Zee. I got good news. I'm working out a pardon

with the Missouri politicians. Onlyest is a

matter of time.

ZEE

You've been talking to that old sot Edwards.No one believes that…that Robin Hood slop he

writes about you and Frank. I don't think he

does neither. He even compared you to one a the

knights of the Round Table. If that's not

embarrassing, you’ve got no shame whatsoever left.

Don't tell me nothing about the 'Lost Cause'…

She nods toward a picture of Frank James posed with a hog

On the mantle.

ZEE (CONT’D)Look how Frank's doing. Winning a prize for his

hog. He's getting into breeding…Right now, fact is, he's

up in Kentucky exhibiting his prize Poland

China hog at the fair. He’s got an angle.

Eveybody’s going to want his bloodlines. He’s

Going to make money that way. Why can’t you

jest do something smart like that. You learned

to rob from Frank. Jest why can’t you imitate how

he’s fitting in?

JESSE(smiles cynically)

Yes, I'm right proud of Frank. He seems to be cut

out to be a farmer. He's got that certain touch.

Plus, jest plain good luck. Good luck.

ZEE

(still riding Jesse)

Poor li’l Jesse, Jr. He's pert near five. We can't



even call him by his name. He really thinks he is

'Tim Howard.’

Zee pauses to mention the most important event that has escaped

Jesse's mind.

ZEE

(pointing to sleeping baby)

Jess, you hain't even asked about your new li’l

child. Your family here’s a li’l bigger now.

Look there. Li’l Mary’s born. You ain’t so much

as looked at her nor asked how we’re doing. No

way I could get in touch with you…

Jesse softens. He has been writing in a small tablet absorbed by

figuring. He turns to the crib with true humility and affection.

JESSE

Oh, I’m sorry Zee. She’s looking jest like you

and Ma. Mary…that’s a great name. Mary James. Youdoing okay, hun?

ZEE

Jesse, how long we got to hide? They're never going

to pardon you....Especially if you keep it up.

Jesse grabs Zee and holds her. He looks tormented. Camera goes back

to Frank's picture on the mantle and focuses on the blue ribbon.

EXT. TRAIN, PASSENGER COACH – DAY

SUPER: BOWLING, GREEN, KENTUCKY, Mid October 1879

Screen fills with another blue ribbon, held in Frank James's hand.Pridefully, Frank looks at the ribbon as he boards a train. In the

background a MAN cranes his neck to see better, through a crowd of

people. Catches a brief glimpse of Frank James. Recognizes Frank,

who is absorbed into the boarding passengers.

CONDUCTOR (O. S.)

ALL ABOAR-R-R-R-R-D



This Man (who recognized Frank) is visibly excited, and frustrated,

not knowing what to do next. Heads back to the telegraph office, He

looks madly around in the crowd.

EXT. TICKET WINDOW - BOWLING GREEN, KENTUCKY

He approaches a telegraph window...

MAN

(with great urgency)

Sir, sir--is there a peace officer around?

BOWLING GREEN CLERK

(preoccupied with his paper work)

May I help you?

MAN

(even more impatient)

No, no…no… I need police--or a deputy.

BOWLING GREEN CLERK

(finally giving his attention)

What's the problem?

MAN

I jest saw the infamous Frank James board that

very train.

BOWLING GREEN CLERK

Not Frank James the outlaw?

MAN

None other. I was at Samuel's Depot when that

butcher Quantrill's men surrendered. If that's

not him my name's Sarah Bernhardt.

BOWLING GREEN CLERK

(still in disbelief)

You sure? You ain't been jest reading too manywild stories have you? Now here's one better than

any of them outlaw ones.

He holds up dime novel, Kit Carson, Jr., The Crack Shot of the West.

MAN

No. damn it, I knowed what I saw. I was with that unit

that took the surrender of Quantrill's guerillas in '65.

I told you…



BOWLING GREEN CLERK

(Finally the telegrapher focuses on what he saying.)

Oh, you were? Say, you might could know what you’re

talking about....

MAN

What's the next station down the line? We need

to get through.

BOWLING GREEN CLERK

Well, the next town a any size is Franklin,

Kentucky. But the train's not scheduled to stop

there. ‘Supposed to stop at Gallatin. Let me see

if I can get this telegraph key to work. ‘Been

trouble with it this morning...

EXT. TRAIN SPEEDING THROUGH COUNTRYSIDE – DAY

A sign is visible with the train, speeding past: FRANKLIN, KENTUCKY.

Frank James's face is visible in train.

INT. BOWLING GREEN, TENNESSEE TRAIN DEPOT

BOWLING GREEN CLERK

Never has acted this way before. 'Least not

since the War. We jest keep trying. May be

some work going on on the line down the way—

may take a while to get that fixed. I'll try

to reach Gallatin--and if that don't work,

Nashville.

He glances up at clock while pounding on telegraph keys as if to makethem work

BOWLING GREEN CLERK

They should be at Gallatin in just a few minutes—

about a ten minute stop—then they head into Nashville.

INTERCUT TO INT. TRAIN COACH



Cut to Frank James in the train. Train has stopped. Sign outside the

train reads GALLATIN, TENNESSEE.

INT. GALLATIN, TN TELEGRAPH OFFICE - DAY

Cut to the inside of the telegraph office at Gallatin. REPAIR CREW

FOREMAN is talking to the REPAIRMAN.

FOREMAN

Hope we can get this cleared up.

Must have been that storm last night.

EXT, TRAIN PLATFORM AT TICKET WINDOW – GALLATIN, TENNESSEE

A MARSHALL with a badge comes up--it reads MARSHALL

CITY OF GALLATIN. Holds a stack of posters. They read PUBLIC NOTICE:

FOR SALE, and FORECLOSURE DUE TO TAX DELINQUINCY.

MARSHALL(to clerk, while tacking up)

Is this a good place to put these up?

GALLATIN CLERK

(peering out his window)

Oh, on any of them pillars be a’right.

Say, ain't that old Miss Whatley's place?

INTERCUT TO INT. TRAIN COACH

Frank James reading the newspaper is in stopped coach with Marshall

tacking up a poster outside visible through Frank’s window.

Newspaper shows a version of the Glendale robbery, with the follow-up

story: FRANK JAMES BELIEVED TO BE IN ROBBERY

INT. GALLATIN, TN TELEGRAPH OFFICE - DAY

More tension. Finally the key starts to work. The telegrapher writes

down the incoming message with a pencil. HOLD TRAIN. ON BOARD

BELIEVED MISSOURI BANDIT, FRANK JAMES. IDENTIFIED AS PASSENGER.

EXT, TRAIN PLATFORM AT TICKET WINDOW – GALLATIN, TENNESSEE

GALLATIN CLERK

(rushes to catch train)

Oh, crap!

Train has pulled too far away to notice his attempt to flag it down.



INT. NASHVILLE POLICE OFFICE – DAY

Little KID comes in, out of breath, with a telegram.

KID

(to the desk clerk)

Hey, this is urgent. Make sure this gets to the

Chief a Police.

INT. NASHVILLE POLICE OFFICE – DAY (CONTINUING)

OFFICER takes the telegram. Looks at it. Stunned but not shaken.

Beckons ASSISTANT in. Closes door. Hands him the telegram.

OFFICERFrank James’s on the train from Gallatin. Be

arriving in half an hour. How many men do we

got? There can’t be no bloodshed.

EXT. NASHVILLE TRAIN STATION – SAME DAY

Train is surrounded. MEN with shotguns. Winchesters, positioned

behind barrels or in windows. A few WOMEN and CHILDREN are being held

back--a CHILD escapes and runs across to see the train. He is

stopped, and herded back by an OFFICER.

EXT. TRAIN ARRIVES IN NASHVILLE

Train pulls to a stop. The OFFICERS move in with military precision.

Some drop behind pillars for protective cover. Officer waves hand:

two Men emerge at the front and rear of each car, and board it. Thus

the entire train is “sealed" in each of its cars by the Nashville

police.

INT. OF TRAIN FIRST PASSENGER CAR – DAY (CONTINUING)

They start down the aisles of the cars, demand identification of male

passengers--one man asks, the other as a back-up with a rifle at the

end of the car.

One MAN IN CHEQUERED SUIT has no identification but a good deal of

money and no clear story.



MAN IN CHEQUERED SUIT

I just come to Nashville to see my relatives.

OFFICER

Where they live? What’s their names?

They search him. They find two shoulder-rigged guns, and plenty of

money. The Officer gets more excited as he thinks he has captured

Frank James

OFFICER

(excited with high pitched voice)

Hold him. I got him, I got him, I got Frank James.

INT. SECOND COACH ON TRAIN – DAY (CONTINUING)

They have arrested another character with no plausible explanations.

SECOND OFFICER

Nah, I think we got him prisoner, right here.

INT. THIRD COACH ON TRAIN – DAY (CONTINUING)

CHIEF OF POLICE in another car. He holds a man. Then he notices a

familiar figure and face.

CHIEF OF POLICE

Hey, there's Mr. Woodson.

WOODSON/FRANK

(looks up from reading)

What's going on, Chief? Can I help in some kind

of way?

CHIEF OF POLICE

(offering handshake)

Ben. Ben Woodson.

WOODSON/FRANK

What y’all doing? Something going on?

CHIEF OF POLICE

Had a little problem, Ben. Got a report Frank

James was on this here train.



WOODSON/FRANK

(looking surprised)

Really? Didn't know them James boys come this

far...Jest got back from the fair at Bowling Green. Will

you look at this?"

Displays his blue ribbon.

WOODSON/FRANK (CONT’D)

Took a first place for my Poland China

hog.

Chief of police still holds a passenger, a suspicious-looking type,

but nods approvingly to "Mr. Woodson." He then compares his captive

to a Pinkerton reward poster of a drawing of Frank James which looks

like the suspect but not like the real Frank James who stands nearby.

EXT. NASHVILLE TRAIN PLATFORM – DAY (CONTINUING)

Frank is now out on the platform. Pushes past assorted LAWMEN. Some

of them have taken at least temporary prisoners off the train.

Interrogations continue.

WOODSON/FRANK

(nods to an officer)

Howdy, Bill

OFFICER

Hi ya, Ben. Congratulations. I might want toget me one a your hogs.

Frank says hello to various officers, flashing his blue ribbon. Then

he approaches an hysterical TRAIN CONDUCTOR

WOODSON/FRANK

Can you get someone to help me get my hog crate

Off your train?

CONDUCTOR

Oh, yes, yes. 'Been so excited. There's an outlawon the train. Can’t tell you who it is, though.

Confidential like, you know?

WOODSON/FRANK

Reckon it's Billy the Kid?

Frank gets his hog in a crate. He proudly attaches his blue ribbon to

the crate, and walks past. The Police Chief is issuing orders to



release some of the suspects. He has zeroed in on the one with the

unaccounted-for cash. He's handcuffed.

CHIEF OF POLICE

We’re going to talk about this down at the jail.

I'm going to telegraph your description to the

Pinkertons.

Frank stops at the depot’s news stand. Buys two dime novels.

LADY STANDING BY

What's going on?

WOODSON/FRANK

I reckon they’ve caught Jesse James and one of

them Younger boys.

WOODSON/FRANK

(lowers his voice)One of them Youngers escaped, you know. Ain't been

in the papers...they’re trying to keep it hushed up till

they catch them.

LADY STANDING BY

(horrified)

Oh. Land sakes! Western bandits in Nashville. That's a

disgrace. As if the politicians wasn't

bad enough. What is this city coming to?

EXT. FRANK’S NASHVILLE HOME – LATER SAME DAY

Frank arrives home in a wagon; Jesse sees him arrive. Frank is

unloading his hog to its pen.

FRANK

(showing the blue ribbon)

Hey, Jess. Look what my hog done won. Cash prize too -

$5.

JESSE

(chuckles at own joke, then wrinkles nose)Frank, you sure been getting into them hogs, hain't you?

Really bringing home the bacon, huh?

Fine hog. What do you call that pig, Frank?

FRANK

His real name is 'General Ben Butler' after that

Yankee swine. But I entered him in the fair under

his official alias a course: FALSTAFF.



Frank gets serious.

FRANK (CONT’D)

How was Ma? You did see her didn't you?

JESSE

Most certainly.

FRANK

(looks doubtful)

Humph.

JESSE

(showing irritation)

Hey, you don't believe your own brother? That

it Frank?

FRANK(to change the topic)

Forget it, Jess. Don't mean no harm. Hey, you read

this one?

He hands Jess a dime novel, The Adventures of Claude Duval, or The

Highwayman's Rendezvous. Jesse softens, takes book gratefully. Then,

wishing to talk some more, he leads Frank a little out of the wives'

earshot (Zee and Annie having heard this up to now).

JESSE

Frank, we made a score. I got some new boystogether and we hit the Chicago and Alton at Glendale.

Best job you ever did see. One hundred

per cent professional. Professional! No one hurt.

No slip-ups. Think we learnt our business since

Northfield. Without Cole and his bungling brothers,

it was like sheep for the shearing. You'd a been

proud to see it.

FRANK

Sure it was a storybook robbery, but damn it,

they’re thinking I was there too. The papers arefull a it.

Jesse is impassive, not knowing how to react. Then he converts this

to a new opportunity.

JESSE

Well, long as they’re thinking you was in on it,

maybe you ought to reconsider helping, Frank.



This time--let me tell you…it's all different.

The whole secret is your men, Frank. Jest like

in wartime. We’ve got the best, bar none, this

time out.

FRANK

(clearly irritated)

This is making me ill, scared and plumb angry.

Jest who did you get, Dingus?

JESSE

(defensively)

Well, Ed Miller. Cousin Wood. Dick Liddil. Bill

Ryan and Tucker Bassham. South’d won if we'd had troops

like that in the war.

FRANK

(knowingly)

Liddil's a two-bit horse thief. Ryan's a sot and Bassham'sa moron. They’ll get you caught for sure. Wouldn't be surprised if

they had Bassham already.

Probably flashing money around like a soldier on

pay day.

Frank pulls at his hair while pacing around Jesse.

FRANK

(talking through his teeth)

Jess, I don't care if you got General Shelby in

your gang. The world's greatest bandits are goingto get caught if they ride for Jesse James. You

are a marked man. It's only a matter a time. The

Pinkertons can make a hundred mistakes. They keep

on coming. You onlyest get one. They're going to

get you sooner or later...brother-r-r-

JESSE

(irritated)

You and Zee. Zee and you. Always telling me how

bad its going to bring me down. I’m doing this

for us. You never encourage me. You both jestwant to see me waste away plowing the dirt, nursing sick

chickens or working for pennies for some fat

somebody who can’t afford to buy hisself another

slave. I got more pride than that.

FRANK

(shakes head)

Jess, you won't believe this. But jest today



they came onto the train looking for Frank James.

Course they didn't find him. Jest found good ol'

Ben Woodson. I laughed it off. It was funny,

Jess. They hand-cuffed some poor con artist with

no straight story and hauled him away.

JESSE

(amused)

That silly Pinkerton poster they got on us

--no one would recognize us.

FRANK

(interrupting)

But the point is, Jess, someone knew I was on that

train. Must have been recognized up at Bowling Green.

Telling you, brother, it's only a matter of time.

Frank walks back to his hog. Jess standing alone, looks separated

from Frank.

INT. NASHVILLE SALOON AND CARD GAME ROOM - EVENING

Frank and Jesse playing cards with Nashville police. It is the

aftermath of their "almost" catching Frank James. Some of the same

officers are playing cards with Frank and Jesse.

WOODSON/FRANKFrank James really ‘round these here parts?

CHIEF OF POLICE

Someone thought so. Got excited and must have

mistook somebody else to be him. We didn’t find

trace a him on that train. We was thorough. If

he were there, you can bet we'd have nabbed him.

WOODSON/FRANK

I know that’s right.

CHIEF OF POLICE

(pulls picture from vest pocket)

Jest right smart till them boys get caught anyways.

The latest police investigative techniques are

at our disposal. This here's a current picture

of the James boys we got from the Pinkerton's.

Pulls out photos of two men. They look nothing like the



two brothers, Frank and Jesse.

HOWARD/JESSE

Well, if you ever get word of them boys, I’d

sure be proud to be in the posse. How about

you Ben?

Then Jesse looks down at his cards. He's been losing all night.

HOWARD/JESSE (CONT’D)

(standing to leave)

Well, that ‘bout finishes me anyways.

CHIEF OF POLICE

(smiling patting his own pile of money)

You sure came in with a wad a bills. Looks

like your leaving with whole lot less.

EXT. NASHVILLE CITY STREET - EVENING

The brothers are walking down the street, after the card game.

JESSE

Frank, I hear Tucker Bassham's been caught.

FRANK

(sarcastically)

Real bunch a professionals you got. Look, I'm

sure somebody did see me. Bound to happen again.

Too many peoples in two whole states know us. Andthere's a lot a damn Yankees that have been coming

in, and all it takes is one. I don't want to be

shipped back to Minnesota to stand trial.

JESSE

(with air of desperation)

Frank, what am I going to do? I jest got no

luck being a farmer. Luck, Frank, LUCK. Jestlike in cards. Look how it went against me

tonight. I got so many gambling debts and not

no money to pay them.

FRANK

You mean you got more lucky robbing trains and

banks?



JESSE

I never been caught. Not even come close, well,

well, uh…except maybe at Northfield. If the damned

Youngers hadn't been soused...

FRANK

They came too close to me for me to like it,

I don't care if the Pinkertons can't tell our

faces from President Hayes's picture. We better

mend our ways. How'd you like to see Zee and

Annie get a bomb served through the kitchen window

for breakfast? Them Pinkertons kill for money.

Not even the great Jesse James is going to ride

on forever. Don't believe them dime novels, Jesse.

JESSE

I'm going to go up to Missouri and see if I can

spring Tucker—or at least keep him quiet. By the

way, Frank, do you think Ed Miller could possiblybe a spy? I jest wonder if the Pinkertons hain't

slipped him thirty pieces of silver.

FRANK

(laughing)

How the hell would I know? Jesse, you recruited him.

You brought him down here and you both bought that

damned race horse. If it is Pinkerton money, they bet

it on the wrong horse. You had to sell that

nag at half price to get home from the race at

Atlanta.

JESSE

(non-plussed)

Frank, my luck's going to turn. I can feel it.

Goin’g to pull one or two more jobs at most.

Then buy myself that farm out west. They’re

never going to find me. Put all this behind me.

FRANK

Deal me out, Dingus. I jest want a clean slate

when it all happens. I got a good record with

the lumber company which can’t hurt the way

things’re going. Your just going to get us

caught, Jesse. It'll wipe out the good start

I made in Tennessee. I jest hope I beat the



gallows and maybe even stay out a prison.

I give you all the help I can.

JESSE

You'll see. You'll see I'm right. Heard there's

good farming in Nebraska. That’s where we all

settle one day. Sooner than you think. Jest

leave it to me.

FRANK

Glad to, Jesse, glad to leave it to you.

EXT. WOODED HILLS NORTH OF NASHVILLE - MORNING

Jesse and Ed Miller are riding on a road in a desolate area.

JESSESomething mighty funny been happening lately.

Somebody fingered Frank as being on the train from

Bowling Green. Almost got him caught. Got

any idea about it, Ed?

Horses stop.

ED MILLER

Hey, Jesse, you’re not thinking me now...is that

what you’re trying to say? I never betrayed us.

JESSEWhy you denying it, then? I didn't accuse you.

You’re guilty about something.

ED MILLER

Hell, Jesse, my own brother got killed thanks

to the way you bungled the Northfield raid.

JESSE

Ho! oh-h, oh. So’s that's why you’re trying to

strike back at me and Frank. We called that kind

of thing treason, back in the War.

Jesse's gun is out. Miller reaches for his pistol. Jesse fires.

Miller is blown backwards by the blast.



EXT. OUTSIDE FRANK’S HOUSE AT THE JEFF HYDE PLACE, NASHVILLE - DAY

Horsemen approach the Jeff Hyde place. Dick Liddil--Jesse--Bill Ryan.

Frank is chopping wood. He turns to little Jesse.

FRANK

Tim, here comes your Dad. You get in the house

and wash yourself up, directly. And stay in the

house, you hear?

Men dismount. Ryan is wobbly, and as he walks up takes a snort at a

whiskey flask, then tucks it into his coat pocket.

JESSE

You boys go on in. Make yourselves at home.

Our house is yours, right Frank?

FRANK

(aghast)What are you thinking, Dingus. Bringing that

durned Irishman around here? He’ll get us all captured

and maybe killed. You think you’re a professional bandit?

Drinking don't mix with

working.

JESSE

Hell, Frank, you’re always misinterpreting.

We’re not going to rob any trains here abouts.

Not in Tennessee, we're clean in Tennessee.

FRANK

Don't think the law cares too much about where

you hain't gotten into trouble. Damn it, Jesse,

think of the women. They're real scared – every

day of their lives that we're all going to be

ambushed. There’s something loose in your head, bringing

Ryan around? He’ll bring it all down on

us.

JESSE

I got as much right to my friends as you got toyour court house cronies. Mine’s jest as good as

your friends. Hell, your’s ain't even good

highwaymen....

Screeching comes from inside the farmhouse.

ZEE (O.S.)

(screaming for Jesse)

Jesse Woodson James. You get in here this here



minute.

Sound of someone vomiting (O.S.) Bill Ryan emerges from farm house,

wiping his mouth. Zee behind him, pushing him out the door.

ZEE

Get out. Out, out, out, get out. Not in my

kitchen if your going to get sick. Jesse get

in here and look at this. It's all over the

kitchen. It’s an awful mess.

Ryan, staggering around, weaving, he is so drunk.

BILL RYAN

Sorry, ma'am. Must have been some right smart

bad oysters I got from up the trail. Didn’t

mean to mess your kitchen up.

Zee glares. Dick Liddil retreats back toward his horse. Frank turns

to Liddil.

FRANK

What, oysters? You mean that whiskey's been going

down on top a oysters? How can a man that stupid

rob a train and not get caught?

EXT. JESSE GOES IN THE HOUSE BUT THE VIEW IS ON THE MEN OUTSIDE

LISTENING TO THE OFF SCREEN EXCHANGE

Jesse goes in the house and tries to prevent Zee from reentering.

But she pushes herself in.

ZEE (O.S.)

Jess you clean up that awful mess.

JESSE (O.S.)

Zee, now don’t you come in. Don't come in. Not

till I mop it up.

ZEE (O.S.)

The idea, bringing a drunk around in front of

the kids. He looks like more of that outlawriff-raff. Jesse? How could you-u-u?

JESSE

(near speechless O.S.)

I, I kin explain everything.

ZEE(O.S.)

I'm sure, but I kin do without hearing it...



Here, let me guess. He's a fine Confederate

veteran whom you jest happened to meet up with.

Jesse comes out of kitchen.

BILL RYAN

Jess, let me go in and apologize to your Missus.

Liddil and Jesse hang on to Ryan to prevent him.

JESSE

Oh, she don't hold it against you. I explained.

She knows it was jest them bad oysters.

Ryan gets on his horse, rocks around in the saddle somewhat. Frank is

staring in wonderment, shaking his head. He starts laughing. Gets

carried away. He starts pointing at Ryan and Liddil. Jesse looks

back resentfully, feeling insulted. But Frank cannot stop laughing.

FRANK

(with look of mock sympathy)

Them oysters will do it every time.

EXT. SIDE OF ROAD IN DESERTED LOCALE –DAY nearly a year later

In the background is a sign LITTLE HOPE BAPIST CHURCH. Church on top

of steep hill. Gang in brushy thicket, on horseback. Bill-Ryan is

swigging on a bottle.

EXT. SIDE OF ROAD IN DESERTED LOCALE –LATER

SUPER: MAMOUTH CAVE STAGECOACH ROBBERY September 3, 1880

JESSE

(Jesse with hair dyed black, and beard)

Here they come.

A stagecoach appears. The men ride out, guns drawn, aiming at the

driver. Jesse dismounts in his most pleasant manner (under his

bandana mask)

JESSE

Y’all come out of the stage, please.

Passengers, seven men and one lady--nervous, unarmed--are coming out.

Dressed in clothing appropriate for the period. One passenger slips a

wallet and a gold watch under the seat.



JESSE

Hurry up.

After they get out, Jesse continues speaking, very dashingly and

cavalierly.

JESSE (CONT’D)

Pray forgive us, ladies and gentlemen. We’re not

what we seem. Instead of bold highwaymen we’re

but humble moon shiners, hotly-pursued by Yankee

revenue agents. We’re compelled to take a donation

from y’all to aid our exodus to the Western

provinces where prejudice and harassment are not

visited upon the honest distiller of fine spirits.

JESSE (CONT’D)

Might I inquire if any of the gentlemen present

served in the Southern cause during the LateUnpleasantness?

PASSENGER

Yes, in a Georgia regiment.

One lady accidentally drops her purse into the mud.

JESSE

(gives it back to her)

Allow me.

Picks it up; wipes it clean on his trouser.

Ryan looks boozey and is passing the open flour sack. He beckons

with his hand.

BILL RYAN

Bless you, bless you, for your contribution.

Jesse takes out a piece of paper.

JESSE

If each of you good people be so kind as tosupply your name and address, we will send back

a reimbursement soon as our fortunes reverse

their selves, as God willing, would soon come to

pass.

One LADY gives her address as Lebanon, Kentucky.

JESSE



Do you know Misses Pence and Shelby of Lebanon?

LADY

Quite well.

JESSE

So do I. Give them my regards when you next

see them. Tell them I will make this right by

y’all in due time.

After handing them back their railroad passes, the outlaws bow from

their saddles.

Jesse has an opened bottle of whiskey and makes all the men have a

drink. One MAN takes a fast gulp--pauses--looks at it, then hands it

back trying to conceal his distaste. Jesse and each of the gang take

a swig and Ryan keeps the bottle.

EXT. ROAD HOME TO NASHVILLE THROUGH WOODS – DAY

As they ride along, Ryan swigging on the bottle.

BILL RYAN

Jesse, you really going to give them back their

stuff?

Jesse pulls out the list, goes down the figures.

JESSE

Hm-m-m. Not bad.

Then he crumples and starts to throw it--then catches himself.

JESSE (CONT’D)

Must be getting careless in my old age. Burn it

later.

EXT.TO INT. FRANK’S HOUSE AT JEFF HYDE PLACE - A LATER DAY

Jesse arrives at the Jeff Hyde place in an empty wagon, which has a

few packages. He comes in the door. Frank’s grown a beard too.

FRANK

Well, good to see my brother back. Looks like you

been shopping.

JESSE



Struck it rich up at Bowling Green. Got into a

really good game. Got my luck back. Some real

gamblers with some real money. I could do no wrong.

That table was jest mine. Look here, Frank. Something

for Annie. Bought this at the jewelry shop. Threw away

the box, jest didn't look good.

Hands him a modest necklace.

FRANK

(knowingly)

Why, thank you, brother. So glad the cards was

good to you…and to us.

JESSE

Hain't forgot about my brother, neither. Here.

Have this.

Presents Frank with a gold watch.

JESSE (CONT’D)

Won this from a Yankee veteran. Yeah, and here's

a little light reading material.

Opens sack, and hands Frank a dime novel, Thaddeus of Warsaw. Takes

out of sack The Red Corsair; or, The Privateer of Barbary.

JESSE, (CONT’D)

(holds pirate novel up)

I got me this here one. Sort of wish I joinedthe Confederate Navy. Look, Frank, these

privateers are jest like the James Gang.

FRANK

Uh, using ships instead a horses, you mean

pirates, don't you Jesse?

Frank glares out the window.

FRANK (CONT’D)

Did you win that wagon, gambling?

JESSE

No, I jest rented it. Got some news. Don't know

how to break it to you. But I got to move. In

fact, I already rented a place in a rooming

house near the State Capitol. Much better

neighborhood for the family. Besides, I think

we're in y’all's way. I got to think of my

family too.



FRANK

(mockingly)

Got to admit this rundown pig farm hain't

much when your friends come to call.

JESSE

Now Frank, hain't nothing like that at all.

Appreciate you having us nearly two years.

FRANK

Don't explain, brother. Makes my craw feel good,

you moving up and all. That's the important thing.

JESSE

Yes, I fixing to go into the grain dealing

business again. Going to invest this here money

and resell some grain down south.

Frank looks pleased that Jesse is going to do honest business.

FRANK

I got some good news too. Got a promotion with

the Indiana Lumber Company. Up to $3.00 a day,

now. Be a good future. We’ll probably move

down to Edgefield ourselves. Nearer to town and

my work jest across the river. Glad we’re both retiring

from the road agent business. It's

getting’ kind a crowded. Looks like some others

are stealing our thunder.

Frank hands Jesse a newspaper clipping: MAMMOUTH CAVE HOLD-UP

FRANK (CONT’D)

It seems the bandits offered the passengers

drinks. Like they was moon shiners. Even

robbed a Confederate. Now I know the James

Gang would never do that.

Frank's dead-pan has a twinkle in his eye.

JESSE

(shaking head)

That's terrible. Must have been damn Yankees.

That's proof it weren’t us. They’re going to

hang it on the James boys all the same. Poor ol’

Jesse and Frank.

FRANK



Not me, not me. I was down at the race track

with Jonas Taylor the blacksmith looking at

some horse flesh. Course you, Jesse, you’d

have your fellow card players to testify, if

you ever needed live witnesses.

JESSE

Uh--yes--of course. You’re damned right. Well,

I got to get our wagon packed up. I think things

are really changing for me, Frank, I can jest

feel it. The Lord helps them who helps themselves.

EXT. WAGON LOADED WITH HOUSEHOLD STUFF- MORNING

Jesse drives team. Zee's head on Jesse's shoulder--family unity is

reinforced by this brief lyrical vignette.

Sticking out of the back of the wagon is the GOD BLESS OUR HOME sign.Visible are some of Jesse's empty grain sacks.

EXT. EDGE OF A SMALL TOWN

SUPER: MUHLENBURG COUNTY, MERCER, KENTUCKY - October 15, 1880

Bill Ryan and Jesse are waiting on horseback when Dick Liddil comes

riding back from scouting.

DICK LIDDIL

Everything is all clear in town.

They ride toward the town.

JESSE

Dick, you jest wait and see. This here’s

Going to be another Glendale. They got the

payroll for the coal company in the store

safe. I been feeling lucky all day. Besides,

we done lots of planning for this one.

EXT. DOVEY’S MERCANTILE STORE

They dismount in front of Dovey's Mercantile. Ryan

and Jesse go into the store, pulling up bandana masks

on their faces; Liddil remains outside, on guard.

There is only one CUSTOMER, a neatly-dressed black man in a suit,

buying something at the counter, Jesse's gun is out, and his flour

sack is open.



JESSE

G’morning, sir, taking contributions for the

orphans and widows left helpless by the Late

Unpleasantness. Sorry to not show my face to

an honest merchant like yerself, but the Yankees

are still hounding some of us, won't let us settle

down. Not our fault we we’re caught in the Ohio

raid in the summer of 1863. We were imprisoned and

abandoned. Only by the greatest good fortune was we able

to make our way to freedom. We dug a long,

secret tunnel in fact. Even though we were hounded

relentlessly, we do what we can for the deserving

needy.

Turning to the black customer

JESSE (CONT’D)

You like to make an offering, sir?

CUSTOMER

Please don't shoot. I'm jest a poor preacher

man and my flock can barely afford food for

theyselves. But you’re welcome to all I got.

Produces two quarters and a dime, Jesse takes these, nodding thanks

JESSE

My, a man a the cloth. My father was a servant

of the Lord. I taught a Sunday school class or

two myself, brother. It’s comforting to knowthat if a man but confesses his sins to his Maker,

he can always be forgiven.

CUSTOMER

Yessuh.

Jesse to the STOREKEEPER.

JESSE

You, please open the safe, sir?

STOREKEEPER

Don't shoot me. I only got a little change

in the safe. A very little money.

JESSE

Whatever you can contribute will be appreciated.



The safe is opened. Ryan rushes up, pushing past Jesse to see what is

to be found. He paws through the safe.

BILL RYAN

(screaming)

Wha the hell!? Wha the hell?

Ryan digs through a bag and finds only loose small change. Dimes.

Quarters. No silver dollars, no gold coins.

BILL RYAN

Wha the hell?

He tosses the bag to Jesse who catches it with one hand. He can feel

what it isn't. Jesse's face shows his frustration. He pockets the

money, paltry as it is. Then he notices the storekeeper's watch-

chain. He goes over and yanks the storekeeper's watch, ripping it

from the man's vest. He says nothing whatever.

JESSE

(turns on customer)

You’re holding out on me, I reckon. Empty them

pockets. It ain’t right for no preacher man to be

lying.

Jams his gun in the man's face. Scraps of paper fall out, plus a

small Bible and a pen-knife--Jesse grabs these and

drops them into his sack. Jesse tosses the sack to Ryan.

JESSE

Here, fill her up with what ever you find.

BILL RYAN

Right, General.

He returns to the counter, and empties the candy canes from one

container and all the rock candy from another, into the bag. Then he

goes back and gets some cans of oysters off the shelf, throwing about

four into the sack till Jesse sees this and says:

JESSE

That's enough oysters.

As they leave, Ryan grabs a last can and stuffs it into his pocket.

And he grabs a bottle of whiskey. As they exit Ryan doffs his hat

politely though exaggeratedly to the minister

BILL RYAN



With the compliments of General John Hunt Morgan.

The storekeeper looks puzzled. The outlaws depart.

STOREKEEPER

(to customer)

Thought General Morgan was killed in Tennessee

back in '64.

CUSTOMER

(nodding in agreement)

Sumpin’ bad wrong wid dem. Real bad. I tink dem

men might could use a heap a prayin’. Fact is,

I‘s fixin’ to do dat very thing shortly myse’f.

EXT. ROAD OUTSIDE OF TOWN – DAY

Liddil wants the gang to stop. They briefly halt.

DICK LIDDIL

Hold up. Now what'd we get, anyways?

Jesse is silent and hesitant. Ryan produces a bottle.

BILL RYAN

Here, Dick, take a snort. You’re going to need

it.

Liddil holds the bottle but gets all the more, anxious and puzzled.

DICK LIDDIL

Now what did we get?

JESSE

Well, Bill got hisself some provisions and I

got me a fine pocket-knife and Bible for li’l

Jesse, and you, Dick, you got a handsome gold

watch in the deal.

DICK LIDDIL

You’re holding out on me, Jess. How much was in

the safe?

JESSE

(extends closed fist)

I’m keeping this for expenses on the road.



Liddil grabs it out of Jess's hands. Spills coins into his hands.

DICK LIDDIL

What the hell! Ugh-h-h! Not even $15.

INT. RESTAURANT IN NASHVILLE- ANOTHER DAY

Jim Cummins and Frank James are seated, having lunch at a small

table.

JIM CUMMINS

Sure is good to be down here in Tennessee.

Missouri is really getting hot. They think

I was in on that Glendale train robbery.

FRANK

Is that a fact?

JIM CUMMINS

I saw enough shooting when we were with Quantrill

and Anderson, and I don't need no more. I jest

want to live the rest of my life peacefully.

FRANK

Yeah, I know what you mean. Been working for the

Indiana Lumber Company for over a year now. Surebeats a life on the run.

JIM CUMMINS

I rode down with Jesse, but I don't want to

stay with him. Jesse's bound to get his ass

caught.

FRANK

(sighing)

Yeah. When he does, it'll be that drunkenIrishman Bill Ryan. He puked all over the

kitchen when Zee was cooking.She made Jesse

clean it up. Sorry, not something to talk

about at lunch. Jesse lived with us for awhile,

but he moved out. Said he felt his luck was

improving. I sort of wonder. After his last

trip to Kentucky, he came back with a hang-dog

look, wouldn't speak for days. Almost like that



race in Atlanta where he and Ed Miller had to

sell the horse at half what Jesse paid for it,

jest to get home.

JIM CUMMINS

Say, that's one reason I'm down here. Like to

find ol' Ed.

FRANK

Last thing I heard, he’s going up to Missouri

with Jesse. About six months ago. That kinda

puzzles me. No one's said or heard nothing about

Ed, since then.

JIM CUMMINS

Some people say he was somewhere in the vicinity

of Northbourne, Missouri. Not too long ago a

corpse turned up outside a town. Too badly

gone to identify positively, but some of theclothing remaining was sure enough similar to

what ol’ Ed used to wear. No one's certain. I

jest hoped you knowed something.

FRANK

No, I don't. Jesse’s been acting jumpy-like ever

since Tucker Bassham got hisself captured. Even

asked me once if I thought Ed Miller might be

working for the law.

Cummins looks ill. Waitress appears, to suggest pie for dessert.Cummins shakes his head.

FRANK

Some that berry you got…fine with me.

Then Frank notices a man through the window on the boardwalk. The man

is ill at ease and looks suspiciously at people. Frank jerks Cummins

by the sleeve.

FRANK (CONT’D)

You like to be introduced to a detective?

Cummins grows pale, starts to fidget.

JIM CUMMINS

(more nervous than angry)

Not by a damned sight, you think I'm a damned

fool? Hain't you got any sense, Frank? Y’all

get pulled in one of these days with your



brashness.

FRANK

Calm down. The last place they expect to find

you is right under their noses. If you sneak

around and act suspicious like, that’s when

they notice you. Like that detective hisself.

He's acting like a detective out of a dime

novel. Probably less sense than God gave a goose.

JIM CUMMINS

Well, maybe so, but detectives make me nervous.

FRANK

Me too, but only when they start to win at poker.

JIM CUMMINS

(looking aghast)

You play cards with them?

FRANK

Often as I can. Frankly, I think they're better

peace officers than they’re gamblers.

JIM CUMMINS

Reckon I got to go now.

Cummins gets up, and nervously leaves. As he does so, the suspicious-

acting detective looks at him quizzically. Frank chuckles.

EXT. SIDE WALK – WINTER NIGHT

Camera focuses on boots marching along a sidewalk. A large bag is

swinging alongside.

INT. JESSE’S NASHVILLE HOUSE –NIGHT

Present is Zee, Jesse, Jr., little Mary and Dick Liddil.

Footsteps are loud on the front porch.

DICK LIDDILWhat's that?

He slowly draws his pistol from his shoulder holster. The door knob

slowly turns. The kids are huddled around Zee. Liddil is cocking his

revolver as he draws it, the door opens.

DICK LIDDIL

Who is it?



Then the door opens

SANTA CLAUS/JESSE

Ho, ho it's Santa Claus.

It is, and in full costume.

SANTA CLAUS/JESSE

Put that hog-leg away, son, you wouldn't want

to hurt Santa, would you?

KIDS

(gleefully)

It's Santa Claus, it's Santa Claus"

SANTA CLAUS/JESSE

(in a deep falsetto)Now, has everybody been good this year?

ZEE

Yes, and we hope Santa Claus has been good

this year too. And that he will be good all

next year.

JESSE, JR.

But Ma, Santa Claus is always good.

Santa is now opening his bag. He hands out a small package in brownwrapping paper, with a poor attempt at a ribbon tied around it.

SANTA CLAUSE/JESSE

Here you be, son.

Little Jesse opens his, and it is a small Bible.

ZEE

Oh-h, let me look at that.

Taking it from Jesse, Jr.'s fingers. She runs her finger along the

inside hinge of the book. The front fly-leaf has been cut out.ZEE

Yes, Tim, what a wonderful place to learn

about Jesus and all the Ten Commandments, like

‘Thou Shalt Not Steal' and all the rest.

Liddil stifles an embarrassed grin. "Santa" clears his throat.

Dipping into his sack, he retrieves a small, equally-badly wrapped

parcel.



SANTA CLAUS/JESSE

Something for Missus Howard. The lady of the

house who takes such fine care a these young ‘uns.

Zee softens. Opens the package. A small ring. Close-up of the ring--

it will be familiar to those who remember the Mammoth Cave scene.

“Santa” slips it onto the finger of “Mrs. Howard” or tries to, but it

won't go.

ZEE

(smoothing things over)

It is so-o-o pretty.

SANTA CLAUS/JESSE

Jest an early fitting. Santa didn't know your

exact ring size. Needs a simple adjustment at

the local jeweler's to set it right.

ZEEYes. Yes a course.

She has awkwardly placed it on her little finger, sticking out

unnaturally to keep it from falling off. “Santa”

hands out candy.

SANTA CLAUS/JESSE

Santa has sweets for all’s y’all.

He rather perfunctorily hands Liddil a stick of candy who takes it,

looking non-plussed.

SANTA CLAUS/JESSE

(whispers to Liddil)

Got a bottle outside for you, for later.

JESSE, JR.

(Sniffs his stick of candy.)

Ma, it smells like a horse.

SANTA CLAUS/JESSE

Reindeer, my boy, reindeer.

ZEE

Oh yes, I should a known. I'll bet they’re

from Kentucky, too, no. Excuse me. The North

Pole I mean.

Jesse looks a little confounded.



EXT. FRANK’S HOUSE AT JEFF HYDE PLACE –DAY

Rider approaches. Frank James looks up from chopping wood; it is his

brother Jesse. Frank's smile fades--something is amiss.

FRANK

What's on your mind, Dingus?

JESSE

(almost out of breath)

Jim Cummins has skipped out. Left nearly all of

his clothes. Hain't been seen in over a day.

FRANK

Told me he was looking for Ed Miller. Lot of us’d

like to know where’s ol’ Ed.

JESSE

I hate to admit it, Frank. I had to shoot him.

He was working for the Pinkertons. Honest...

Jesse swallows hard, stretching further, he lies.

JESSEHe confessed. Cummins’s mixed up with it somehow

too, don’t you jest know?

FRANK

Can't believe Miller worked for the Pinkertons.

Not such a one who lost a brother at Northfield.

And I know Cummins is trustworthy.

JESSE

Well, I think we got us a traitor in our ranks,

Frank. Not counting my reliable friends DickLiddil and Bill Ryan.

FRANK

You know what I think of your trusted friends.

We ought to be making new friends, respectable

people here in Nashville. You want to live the

rest of your life on the run?



Frank then ponders maybe they have been detected.

FRANK

You know Jess, maybe it be a good idea for us

to get out a here jest for awhile, in case your

right. We don't need to go so far. Say, Alabama.

They'd never think to look for us there.

JESSE

(grinning broadly)

That's a fine idea. Hain’t been nowhere together

for right smart.

FRANK

Jesse, I got some time off coming. Been slow

Lately in the logging business. We've got some

friends down in Selma. You and me leave tomorrow.

Stay away for a month or so. Maybe you’re right

about Cummins. He may not be working for thePinkertons, but he sure spooks easy.

FRANK (CONT’D)

He might could turn hisself in and bargain for

a pardon at our expense. Leave Liddil to watch

the women.

JESSE

Yeah, I kin get Liddil to stick around and watch

the women and kids. Zee don’t mind him too much.

EXT. A LIGHTED HOUSE AFTER DARK - JESSE’S WOODLAND STREET HOME

SUPER: 903 WOODLAND STREET, EDGEFIELD DISTRICT, NASHVILLE,

February 14, 1881

INT. ZEE’S AND JESSE’S WOODLAND STREET HOUSE

Zee is knitting. Dick Liddil is reading a paper. Jesse, Jr. ("Tim")

is building a house out of scraps of board and tin cans. Mary is

watching.

NOISE (O.S.)

THUD!

Noise against the front door, as if a small rock thrown. Liddil looks

up, puzzled. Turns back to his paper.

NOISE (O.S.)



BONK!

Sounds like a bigger rock. Puts paper down and glances at Zee--she

looks frightened.

NOISE (O.S.)

CRASH!

Liddil gets up and heads toward the door, hand reaching for the knob.

ZEE

(whispers)

Wait. Could be the Pinkertons.

DICK LIDDIL

Well, it sure ain't Santa Claus.

He turns to a hallway closet and extracts a shotgun - two hammers

slip back. Zee grabs up the kids to get them out of the line of

fire.ZEE

Oh no.

Another rock thrown by someone off camera that crashes against the

door. You see three other rocks lying on the porch. As the rock arcs,

and hits the door, and falls back down, suddenly--before it hits the

porch--there is a blast and the central door panel explodes in a

cloud of buckshot and wood splinters.

The shattered door is kicked open. Liddil rushes out.

Cut to the street. A man is rushing across the street, past a lamppost. Liddil fires again. CLANG! as a shot ricochets off the lamp

post. Man escapes in the dark.

People are coming out of houses. This is a neighborhood. Liddil

stands on the porch with a smoking gun.

EXT. VIEW OF FRONT OF WOODLAND STREET PORCH IN THE DARK

NEIGHBOR

What in Sam Hill’s going on?

DICK LIDDIL

A prowler. Got clean away. Jest about winged him

when he went by that lamp post. Never did see a man

run so fast.

NEIGHBOR

Getting to where even in a nice neighborhood like

Edgefield here, you ain’t safe in your own home.



ANOTHER NEIGHBOR

Not enough people got moral values these days. Bandits’s

free to roam as they please. Where is

the law, I ask you?

A LADY NEIGHBOR

It starts in the home, I say. If we let our nation's

youth read them trashy books that glorify criminals,

God help us all.

NEIGHBOR

Well, I’ll bet that’s the last time anyone

tries to break into your place. Them thieves

all stick together. When word gets around that

at least one citizen in this here town hain't

afraid to defend his home and property....

DICK LIDDIL(nodding agreement)

Some ways, this town is getting as wild as Dodge

City.

LADY NEIGHBOR

I beg to differ with you, sir. Nashville’s got

no toleration for criminal types or gunplay.

And never will, I assure you...

INT. WOODLAND STREET HOME –DAY

SUPER: FEBRUARY 23, 1881

Jesse walks in. Notices repaired door, with piece of wood nailed

over. Dick Liddil is sitting nearby.

DICK LIDDIL

Guess you got my telegram. It's safe around here I

think. No signs of trouble.

JESSEThen what the hell is this?

DICK LIDDIL

Oh, I think one a your friends played a little joke.

Came by kind a sheepish. One a them fellas down at

the racetrack, can't think of his name…

JESSE



Little joke? Looks like he shot out the door.

DICK LIDDIL

Naw. Jest threw some rocks at it. I couldn't take

a chance. Zee thought it might be the law. I let

them have it to be on the safe side.

Jesse shakes his head.

ZEE

(sarcastically)

That's right, Mister Howard. Never a dull moment.

At least we're alive. What more could a woman

want? I'm happy as long as no one throws any

bombs into the house. I jest hope it doesn't get

too quiet all of a sudden. Adventure—shooting—

trouble--that's the spice a life!

Liddil looks embarrassed. Jesse forces a smile. Zee breaks intonervous, sarcastic laughing.

ZEE (CONT’D)

So awfully exciting. Life is more precious, don't

you think Mister Howard, when you live every

second on the alert? But I know I'm safe--my

children’s safe—because we're protected by

Missouri's bravest warriors, everyone a dead-eyed

shot, ready to kill to protect our happy home. I

wouldn't trade places with Queen Victoria herself.

We see the GOD BLESS OUR HOME sign up on the wall.

JESSE

Oh, Zee, a joke like that might could happen to

anyone. Anyways, I got good news. Remember that

house over on Fatherland Street? The one you

liked so much. It's up for rent, and I jest came

from over there. I closed the deal. It's a lot more

secure a home, too.

ZEE

(smiles and softens a little and hugs Jesse)

Oh, safe and secure. I guess all those bricks

in that house would stop the bullets if we were

ever surrounded. I do like that house, Jesse,

appreciate you doing this for us.

JESSE



Listen Zee. Soon’s I settle some business affairs

down South, we might could buy that farm in Nebraska

I been promising you. We're never going to have

to worry about nothing or no body again.

Zee winces at the mention of business down south, then her face

becomes a stony expression.

EXT. SMALL CLEARING BY SIDE OF ROAD – DAY

SUPER: MUSCLE SHOALS, ALABAMA, MARCH 11, 1881

Jesse James and Bill Ryan are sitting under trees in a small

clearing next to a road. Horses are tethered nearby. Bill Ryan is

reading a booklet The Boys of New York Minstrel Guide and Joke Book,

and chuckling. He tries to share a minstrel gag with Jesse.

Jesse manages a smile but his mind is on business; he looks at his

watch, then closes the case. A horseman approaches--gang member WOOD

HITE.

JESSE

Here comes Wood.

Hite reins in.

WOOD HITE

He's coming Jess.

JESSE

About time. Waiting most of two hours.

Jesse and Ryan jump up and mount their horses. They ride into the

cover of thick underbrush out of sight. A rider is coming at a slow

trot down the dirt road.

WOOD HITE

(whispers)

Hope this is better than that store robbery in

Kentucky you told me about.

JESSE(a little irritated)

S-h-h-h-h!

They suddenly burst out into the road, pistols drawn to confront the

rider. They are mounted and have pulled on their masks already.

BILL RYAN

Reach your hands up, you sawed-off son of a

jackass.



The rider can do nothing else. Jesse rides alongside of him.

JESSE

Get down from that there horse.

Rider, terrified, dismounts with his hands up.

JESSE (CONT’D)

You Yankee paymasters make me sick. Drawing

three times the pay an honest working man does,

and not worth any of it.

The gang members are also dismounting. Hite and Ryan begin searching

him. Ryan removes the man's badge, U.S.SPECIAL AGENT and pins it on

himself, crookedly, laughing weirdly.

The man's watch is routinely lifted; a ring is pulled from a finger.

Meanwhile Jesse is addressing the real loot in a saddlebag, which heremoves and throws over his shoulder.

It is rather heavy. He throws it across his horse.

JESSE

Mount up.

Paymaster is taken captive.

EXT. SEVERAL MILES AWAY, A SMALL CLEARING - DUSK

Wood Hite is holding the paymaster at gunpoint. Everyone isdismounted. Jesse and Ryan are dividing the money.

JESSE

My, my. What a haul. Must be at least five

thousand here. Sir, you’ve had the honor of

being robbed by the invincible Johnson Gang.

Ryan and Hite look blank; so does the paymaster.

JESSE (CONT’D)

You never heard of us, but the world soon will.In fact, a lot of those robberies pulled by the

so-called James gang was our doings. We’re tired

of them getting all the credit from them Eastern

hack writers. Beings you’ve been so co-operative

a guest I'm going to see that these here gentlemen

return your watch and personal money.

Jesse glances at his friends, who still look dumb-founded. Ryan



starts to mutter under his mask, his head tilting in bewilderment.

JESSE

Go on, give it back to him, I said.

Reluctantly, Ryan hands over the watch, Hite surrenders the man's

pocket money (twenty-one dollars).

JESSE (CONT’D)

Let it never be said that Wild Bill Johnson

takes from the honest working man.

They mount up. They take the paymaster's horse which is branded

‘U.S.’

EXT. A COUNTRY FARMHOUSE LATER THAT EVENING

The paymaster is walking up to a farmhouse; pounds on the door.

FARMER with a German accent opens door. WIFE in the backgroundlooking scared.

WIFE

(strong German accent)

Be careful, Wolfie, it might be bandits.

PAYMASTER

Let me in, I'm a Federal paymaster with the

Muscle Shoals Canal project.

He is not allowed in, rather converse on the porch. Wife won’t lethim in.

PAYMASTER

Bandits. A whole passel of them. Surrounded me

and made off with the whole payroll. Them canal

diggers ain't going to get paid on time and they're sure

going to be mad. Hell, they even took my badge.

I've got to get to a telegraph office, pronto. Got

some vital new information for the U. S. Marshal.How far to Florence from here?

FARMER

About thirty miles. You’re headed straight for

Mississippi, this a way.

EXT. PORCH AT JESSE’S NEW HOUSE



SUPER: 711 FATHERLAND STREET, NASHVILLE, MARCH 25, 1881

On the porch are Jesse and Bill Ryan.

JESSE

Bill, you'd best be getting back up to

Adairsville. My horse’s got a sore back and I

want you to take it up with you, and see it

gets plenty of rest. Here's a note to Uncle

George--it explains what I want. Tell him I

may be up in a week or two after taking care

of some things.

BILL RYAN

Okay, Jesse. Tell the kids hello from Uncle Bill.

Regards to the Missus, too.

JESSEI do that, Bill. I'd invite you in but one of the

young 'uns is sick and you wouldn't want to catch

nothing.

Ryan mounts up, rides away leading Jesse’s horse.

INT. JESSE’S FATHERLAND STEET HOUSE-DAY

ZEE

What were you talking to him about? The priceof whiskey or your experiences during the War?

JESSE

Now Zee. Bill’s real helpful to me. He keeps his

ears open for tips on the grain market. Weren't

for him, I might not of got all this money down

in Georgia. Imagine. Half a warehouse full of

abandoned grain. Ryan located the owner. With

connections we got some credit. Resold the whole

thing in twenty-four hours without touching it.

Zee looks sick at his lying.

ZEE

Hm-m-m. Grain dealin’.

Jesse doesn’t want to see Zee’s disbelief.

JESSE



Listen, Zee, when he wants to, o1' Bill can

put on the manners and be damned charming with

strangers.

ZEE

(sniffs)

I'm jest glad you kept him out of here. That

awful man scares the kids. He's not fit to live

with people. Wouldn't let him sleep in my barn

if I had a barn. He'd mess it up. Bad influence

on the livestock.

JESSE

Well, Zee let's not be blowing up that one

unfortunate episode all out of proportion. You

jest got to get to know Bill.

ZEENo! You got to get to know me, Jesse Woodson

James. I really mean it!

Jesse, Jr. has been listening. Turns to his sister Mary (her real

first name, which she goes by), and pretends to scare her.

JESSE, JR.

O-o-o-o-o-h! Here comes scary, mean o1' big

bad Bill. O-o-o-o-o-h! He's gonna get you and

get you good.

He chases his sister who squeals in mock terror.

ZEE

(snaps)

Children!

EXT. A GENERAL STORE AND SALOON - EVENING

SUPER: EARTHMAN GENERAL STORE AND SALOON. WHITES CREEK, TENNESSEE.

MARCH 25, 1881

It is that same day. A storm is threatening, and is blowing. It is

about dusk. Bill Ryan rides up to the Earthman's Store, seven miles

north of Nashville.

Ryan walks into the main general store, past the food and the dime

novels on display, toward the small bar set up in the back. He slaps

down a five dollar gold piece.



BILL RYAN

I want a bottle a whiskey and a can of oysters.

BARTENDER

(in disbelief)

You want a bottle of whiskey and a can of oysters?

BILL RYAN

You heard correctly.

BARTENDER

Jest a minute. I'll see if I got some oysters over

in the store. Meantime, here's a bottle a whiskey.

Ryan starts drinking straight from the bottle, then goes back to a

table and sits down. Bartender returns, sets down the can of

oysters.

Clock on the wall shows 7:00 P.M Fade. Then shows clock an hourlater.

Ryan is now sitting with an opened can he has just finished. He has

only a half bottle of whiskey left.

A couple of other MEN are at the bar talking.

BILL RYAN

(bellows)

I reckon you fellas don't know much who I am?

The men glance over, with a look of not caring who he is.

BILL RYAN (CONT’D)

You know who I am? You should.

Jabs a finger out at them, in the air. Voice thick, slurred, and

loud. They look perplexed.

BILL RYAN (CONT’D)Rip-shnortin’ Tom Hill--outlaw ‘ginst Shtate,

County and the United Shtates go’ment. Thash’s me.

The bored looks from the bar anger him. The men go back to talking.

BILL RYAN

(rages)

Yoush don't believe me.



He pulls a Colt Navy revolver and rushes--then trips, and stumbles

into the bar and jams the muzzle into the face of one of the

customers.

SCARED CUSTOMER

Oh, yes, Mr. Hill. I heard of your dashing

exploits. Please put your gun away. Y’all’s

among friends here.

BARTENDER

Please, Mr. Hill, another bottle of whiskey on

us. It's not every day a celebrity honors our

humble establishment.

BILL RYAN

(mumbles in a slur)

Thash's more like it.

He snatches the bottle, clutches it and stumbles drunkenly back tothe table. He sits down too hard. The empty

oyster can tips over. Ryan knocks it away as if it has always been in

the way. He opens the new bottle and downs two swigs. Then he

notices his first bottle--with a drunk's fickleness, he reaches for

it instead of the new one.

The clock is shown. Another hour has passed. Ryan looks ready to pass

out. The first bottle is empty on the floor. The second is two-thirds

gone. Suddenly three men pounce on him. He barely struggles, he is so

drunk. They have rope. Quickly they bind him to the chair.

BARTENDER

By the power-vested in me as a Constable of

Davidson County, I hereby place you under

arrest, on charges of carrying weapons, and

assault with intent to kill.

They then disarm Ryan, in the process of searching him. Two pistols

are found. And money--a huge wad of paper bills, a lot of gold coins,

a diamond ring.

MAN(whistles)

Say, he jest might be some kind of outlaw.

Let's get him down to Nashville. Can you hitch

the wagon out there?

EXT. GENERAL STORE AND SALOON – NIGHT

They drag Ryan out, chair and all, onto the porch. They heave him up



into the wagon, still tied to the chair.

BILL RYAN

(howls)

Damn! Y’all regret thish, ya hog-sloppin' farmer

with a tin-can badge. Ya shtink a pigs, not gun-smoke.

'Lawman'

Ryan sneers then belches loudly. The men are not impressed. They move

out into the darkness. The rain has let up. Horses hooves are

clattering. Only the store remains lit as they recede from view. A

voice is heard in the dark:

ONE OF THE MEN (O.S.)

Oysters and whiskey. I thought I'd heard everything.

Then a vomiting noise is heard.

ANOTHER MAN (O.S.)Oh, damn. These are my brand-new trousers....

Damn it to hell!

INT. JESSE’S FATHERLAND STREET HOUSE - NEXT AFTERNOON

SUPER: FATHERLAND STREET HOUSE, MARCH 26, 1881

The Frank James’s are visiting with the Jesse James family. Dick

Liddil comes into the house. Zee tolerates him, he is well-dressed

and polite. Liddil looks upset; he has a copy of the Nashville Banner

DICK LIDDILWell, he's gone and done it now. Frank, you

seen this?"

He slaps down the paper on a table. Frank looks up.

He points to a story--Frank looks down at the headline A BAD MAN and

the subsequent text of the story of Ryan's capture. Rage whitens

Frank's face with speechless cold fury. Finally he manages with a

taut, unnatural voice.

FRANK

Jesse, Jesse. C’mon in here a moment.

JESSE

(comes from back of house)

Yeah, what do you want, Frank?

Frank is clutching the paper viciously tight in his hand as Jesse

comes into the room.



FRANK

I jest thought you'd like to hear a little local

news. They caught a bandit, Jesse. Or as the paper

calls him, 'a bad man'. You interested?

JESSE

(senses Frank’s rage, cowed and uncertain)

Go on.

FRANK

Gives his name as Tom Hill, Jesse. Sound familiar?

Jesse looks restive. Frank explodes.

FRANK

(through clenched teeth)

Ryan!

Jesse can say nothing, terror in his eyes.

FRANK (CONT’D)

(in Jesse’s face)

Ryan. Ryan. Ryan. Ryan. Bill Ryan.

Frank pauses to gain control of himself, he proceeds with icy

sarcasm.

FRANK (CONT’D)

Ah, Jesse. Listen to what 'Tom Hill' had on him.

Maps--of nearly' every State in the Union. Fine

gold watch. Costly diamond ring. And about $980in currency. $400 in gold. And $20.45 in silver

coin.

Jesse looks desperate.

FRANK (CONT’D)

He ain't talked yet. But they’ve got him in jail

And it says here they're taking him to trial.

Blast it anyways! We got to leave. All of us. We

can't be nowhere in Tennessee when he starts to talkin’.

We got to pack and leave. You ruined everything Jesse. You andthat drunk.

Zee wanders in.

ZEE

Hello, Dick. Oh, am I disturbing something?

FRANK



This is no time to spare you, Zee. It's all

over. Finished. That damned Irishman Bill Ryan

got hisself captured. Oysters and whiskey again.

Not onlyest that, they got Jesse's horse, the one

with the sore back what he used in the daring

raid at Muscle Shoals. Only a matter a time before

they tie the horse to the robbery. They're already

suspecting Ryan has something to do with Muscle

Shoals, though they hain't got his right name yet.

They will.

ZEE

What's this about Muscle Shoals? What robbery?

You tell me the truth Jesse Woodson James.

JESSE

Listen, Zee. Frank. You’ve got to see. This is

jest another sign. An omen from Providence. We'relucky to be rid a Ryan. Notice God doesn't reach

down and pluck ol’ Jesse James. There's a meaning

here to all a this.

FRANK

You’re full a more crap than a Christmas turkey.

JESSE

Honest, it's time to get back to our own peoples.

We been in a strange land too long. You can't much

trust peoples hereabouts if you hain’t been raisedup with them. Y'all will look back and see all this

is for the best.

ZEE

(crying to Frank then to Jesse)

You’re too polite to say you told him so, Frank.

Well somebody has to. You told him so Frank. And

I did too. We should never trusted you to change

your no good ways, Jesse.

Zee's eyes flash tears streaming down her face. She turns to Jesse.ZEE (CONT’D)

He told you so. He told you so. You wouldn’t

listen. You lied to me and the kids and Annie

and your brother, Frank.

JESSE

Oh-h, no hard feelings, peoples. The important thing

is family. We Jameses’is sticking together and it



will all come out in the end. I tell you it's

Providence in a kind of way.

FRANK

My horse's rump, Jesse. If you believe all that,

you got less sense than God gave a goose. You

ruined it for both our families. I had a good

job and a clean record. Now I got to hide like a fugitive

in the bush. And so does my family. Not

to mention yours.

ANNIE

(weeping)

Peoples here have been so nice to us. We been

here pert near four years. All the children are

making friends.

Zee chokes, breaks into tears, and turns to run out of the room

sobbing uncontrollably.

We see GOD BLESS OUR HOME sign on the wall.

FRANK

(cold and practical)

We got to get packed. Fast.

EXT. JESSE’S FATHERLAND STREET HOME – LATE THAT AFTERNOON

Jesse, Jr. is playing with a hoop from a barrel. Robert Franklin,

Frank's boy, is watching, and Mary James is feeding mud pies to a rag

doll. Annie's face appears at the door, tears streaming.

ANNIE

Come on in, children. Right this minute.

You hear me, now? C’mon.

EXT. NASHVILLE TRAIN DEPOT – DAY

SUPER: March 27, 1881

They are putting children and wives on board. Frank and Jesse pause.

Some dime novels are on sale. The James Gang and the Vigilantes (an

actual title published while the gang was still at large). Jesse

turns to Frank - mute. The time between when their eyes meet and

something said seems infinite. Jesse finally manages to break the

silence.



JESSE

Look, Frank--uh, Frank…

FRANK

(firmly)

Let's not talk ‘bout it. You ruined our

chances, Jesse. I am being paid back for

the evil wickedness I taught you. Nothing

can make that right…not with you embracing

the evil. Now I’m thrown back on my wits.

I have that to thank you for. Finished, ugh!

INSERT: Newspaper headline fills screen from Kansas City Daily

Journal: GOVERNOR CRITTENDEN VOWS OUTLAWS WILL, BE BROUGHT TO

JUSTICE. Dissolves into: WANTED poster offering $5,000 for the

capture of Frank and Jesse James.

EXT. JESSE’S HOUSE IN St. Joseph’s Missouri

SUPER: ST. JOSEPH, MISSOURI, APRIL 3, 1882

House fills the screen. Children’s toys in front yard.

INT. JESSE’S HOUSE

GOD BLESS OUR HOME sign on wall. Jesse James is on a chair,

straightening this. A man walks in behind Jesse. He reaches into a

shoulder holster. Withdraws a small Smith & Wesson .38 revolver.

Cocks hammer CLICK............ BLAST!

INT. HOTEL IN NASHVILLE – DAY

SUPER: MAXWELL Maxwell Hotel, Nashville Tennessee, 1903

Frank and Cole Younger are still reminiscing.

FRANKSo anyways, it's not much of a story at all.

Nothing really happened in Tennessee, lying low,

trying to raise our families, Jesse never got

his farm really going.

COLE

(shaking head in agreement)



Poor old Jesse. Sounds like he never wanted

to give up the fight.

FRANK

Never won much money at cards. Me, my

biggest adventure the whole time was winning

them prizes for my Poland China hogs. If

anyone writes my life story…and it won't be

me…I been offered good money for it though…

they won't waste two pages on them Tennessee

years. It's jest bank robberies and shoot-em-

ups is all peoples want to read about them

days. This here world's getting more violentall the time. Cole, you wrote your story.

Don't know what's wrong with me, not wanting

to do mine. I sure know that it's good

money. I'd sell right smart bunch a books

in person, jest like you.

COLE

Well, Frank, let's go downstairs and get us a

drink.

In the hallway another newspaper REPORTER is waiting….a very youngone.

REPORTER

Mr. James, I wonder if I could hear a word from

you? I'm from the Nashville American, a local newspaper

you know. I'm a real student of the

James Gang, and I have read all the true accounts

not just the dime novels. I have John Newman

Edwards' Noted Guerillas and…

FRANK

(smiles)Yes, authoritative history, I assure you.

REPORTER

What I'd like to know, Mr. James, can you give me

jest one last word? An opinion, sir? I'll print what

you say. What, really sir, what was Jesse really like?

If anybody know, you’d know.



FRANK

Well, I knew him better than anyone, except his widow,

rest her soul, and I knowed him for longer. But y’all

never believe me if I told you what I think.

REPORTER

(eagerly pencil in hand)

Yes, I will Mr. James.

FRANK

No, it's not going to be real quotable, son.

Nothing you can really use. You won't believe

no ways. Your readers won't give a damn. No,

you might ought to jest print some a them yarns

as the truth. Tales all end up as history anyways.

REPORTER(frustrated)

Mr. James. Ple-e-ase.

FRANK

Try this. Would you believe me if I told you I

really never knowed my brother?

Reporter looks puzzled. He doesn't write.

FRANK

Good day.

Tips his hat. Cole and Frank walk on down the hall.

THE END

stephen richard eng: tale of two brothers: jesse and frank james in nashville

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