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American Outlaws Script

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FADE IN:

EXT. WOODS

The Rangers plunge into thick woods. Branches slap at them,
but the sound of gunfire keeps them going. Captain Malcolm
is still in the lead, flanked by two young men who are
obviously brothers. The big, handsome one is COLE YOUNGER;
the skinny one with the lopsided hair is BOB YOUNGER.

EXT. WOOD'S EDGE

They break through the other side of the woods, emerging
behind a rickety set of fence-post fortifications. Instantly
GUNFIRE tears apart the trees around them. The Captain's
horse goes down, and the Younger brothers dive and roll to
hide beneath the palisade.

The Captain, still alive, has fallen beyond the wooden
shield. Cole scrambles through the savage rifle fire, grabs
Captain Malcolm, and hauls him behind the fortification.

CAPTAIN MALCOLM
(bellowing)
Fall back into the woods! Out of
your saddles before you're shot out
of 'em!

The Rangers leap from their saddles as a new sound starts
-- a dull roar that grows and approaches and BBRRRRAPPPPP
as, unbelievably, trees EXPLODE INTO SPLINTERS and horses
and men go down in a heap!

COLE
Gatling! They've got a Gatling!

BOB
Dammit, this stopped being fun
about two years ago!

Some men are crawling to the fortifications, others are
staying in the woods. The Captain pokes his head up to take
a look. With him WE SEE

EXT. ANOTHER HILLSIDE

At the top of which, about a hundred fifty yards off, is a
three man Gatling crew. Squads of Union soldiers are
beginning to make their way down the hillside. And just to
their right is an EIGHT INCH CANNON with a burning fuse --

EXT. FORTIFICATIONS

CAPTAIN MALCOLM
DOWN!

BOOM! And with a whistle the cannonball TEARS THROUGH the
forest and EXPLODES just behind the Rangers. Some of the men
are screaming from injury and panic.

CAPTAIN MALCOLM (CONT'D)
Cole! Bob! You boys okay?

COLE
Hell, take more than a cannon to
kill the Younger brothers, sir!

BOB
I think the cannon's doing a pretty
good job, Cole.

A full-blooded Indian, COMANCHE TOM, crawls up next to them.

COLE
Some Indian tracker you turned out
to be, Tom.

COMANCHE TOM
You pay me to find you Bluecoats.
There they are.

ANOTHER ROUND from the Gatling chews up the trees and
fencing, driving their heads down.

CAPTAIN MALCOLM
They're using the Gatling and the
cannon to cover their advance. We're
pinned unless we take them out!

Cole peers through the rails.

COLE
Those gunners are too far away...

CAPTAIN MALCOLM
Get me the James boy.

COMANCHE TOM
You want Jesse?

CAPTAIN MALCOLM
Not Jesse, the one who can shoot.

Comanche Tom rolls back to the edge of the woods.

COMANCHE TOM
FRANK!

EXT. WOODS - A FEW YARDS BACK

Among the squatting men a single one STANDS UP. FRANK JAMES
is tall with a dark, thoughtful face. He looks sadder than
his 23 years should allow. His hand is wrapped around a
longbarrel Enfield 30.

FRANK
Jesse.

The long rider behind him turns around. He's JESSE JAMES,
20. He's too damn good-looking and he's got your best
friend's eyes. There's a coiled energy to him, and right now
he seems more angry than afraid. Next to him is WEB MIMMS,
15, who is terrified and trying not to show it.

FRANK (CONT'D)
Watch Web.

WEB
I don't need watchin'!

JESSE
Web, I bring you back dead and your
sister'll kill me. Now shut up and
lie there.
(then)
Careful, Frank. And make sure Bob
and Cole are okay.

EXT. FORTIFICATIONS

Loose shots spitting up dirt and wood chips everywhere.
Frank crawls up, nods to the Youngers, peers through the
stacked wood. Another EXPLOSION from the cannon.

FRANK
Cannon or Gatling?

COLE
Both would be nice.

FRANK
Soon as I hit one, the other'll
know and beat us up.

CAPTAIN MALCOLM
Cannon.

Frank raises his head just high enough to poke the Enfield
over the stacked fenceposts. Everyone else is flinching from
the suppressing fire. Frank is perfectly still. Squinting,
aiming, perfectly centered ... BANG.

CUT TO:

EXT. CANNON STATION

As the Captain of the six man crew SNAPS BACK and hits the
ground dead. Before the others can react, two more grab
their throats and drop. The remaining soldiers bolt from the
cannon.

But the Gatling crew swings the gun around and the barrels
BLAZE.

CUT TO:

EXT. FORTIFICATIONS

Frank and the others hit the dirt as the Gatling shreds the
fenceposts, fells trees, churns the ground, stitching a path
of destruction across the bulwarks and into the woods where

EXT. WOODS

The Gatling rounds are everywhere. Rangers jerk as the
Gatling tears them apart. Jesse grabs Web to his chest and
swings around, shielding the boy with his own body. When the
fire pauses for a moment. Jesse looks down -- he's covered
in blood. He lets Web fall away. Blood bubbles up from where
the boy's chest used to be.

JESSE
Hell no...

Jesse's trying to stop the blood with his bare hands.

WEB
Aw, Jesse.
(crying)
I never even got to be with a girl.

Web dies.

Jesse sighs. He's seen too much death to cry anymore. He
stands up, pivots, and strides for the fencepost barrier.
Rifle fire is zipping through the air all around him, but he
keeps walking.

EXT. FORTIFICATIONS

Frank, the Younger brothers, Comanche Tom and the Captain
are all still there. Captain Malcolm peers through the wall.

CAPTAIN MALCOLM
They're getting closer.

Jesse arrives, slaps Cole's shoulder. Cole grins grimly.

COLE
'Bout time you got here, buddy.

JESSE
What's going on?

FRANK
Every time I put my head up to hit
that Gatling, they try to shoot it
off.

JESSE
So we got a plan?

BOB
My plan of lying here pissing
myself seems to be working mighty
fine, thank you.

FRANK
I can hit those boys from here. We
just need a distraction.

JESSE
(smiling)
A distraction? Well, why the hell
didn't you just say so?

Jesse sprints back into the woods. Cole, Bob, and Frank
exchange looks.

BOB
He's smiling.

COLE
Never a good thing.

FRANK
This ought to be interesting.

ANOTHER ROAR from the Gatling pushes their heads down, but
as that sound fades, another blends in, growing louder and
louder, the SOUND OF HOOFBEATS

ANGLE ON

The men at the fortification, turning to face the woods,
their faces stunned as JESSE JAMES ON HORSEBACK AT FULL
GALLOP EXPLODES from the woods, heading straight at his own
men and at the last second LEAPS OVER THE BARRIER, and as he
does Jesse leans back in the saddle to let the wind strip
off his longrider coat, revealing for the first time his
GUNS -- two Colts at the hip, a crossed bandolier on his
chest with two cross-holstered Colts at the shoulders, and
two Colts in the small of his back.

And for that one second as Jesse and the horse are in
mid-air and the longrider coat trails behind him like
leather wings and his guns gleam blue in the sunlight, Jesse
James is the Angel of Death.

EXT. HILLSIDE

The horse hits the ground running. The Union troops are in
shock as Jesse draws both his hip Colts and starts firing.

JESSE
Come on, ya Yankee bastards!

His GUNS BLAZING, Jesse rides straight at the Bluecoats.
Five, six are down before they can even react. They start
firing back, but they can't draw a bead. Two more are down.
Jesse's making every bullet count.

ANGLE ON

The Gatling gun as the crew swings it around and FIRES,
hundred of rounds tearing straight at Jesse

ANGLE ON

Jesse who incredibly cuts the horse hard left using just
his knees, still shooting as the Gatling volley goes wide,
actually killing two of the Union soldiers behind Jesse.

But then the arc of fire takes Jesse's horse in the rump.
The horse falls, but Jesse dives off, still firing, killing
another two soldiers. Then he hits the ground, rolls, and is
up and running, dropping the spent Colts and drawing the two
shoulder guns in one smooth motion, never interrupting his
shooting.

EXT. FORTIFICATIONS

Frank sees the Gatling swing away from him. He stands and --

EXT. HILLSIDE

-- BANG as the Gatling triggerman drops, BANG as the
ammo-feeder goes down, and BANG as the third man falls
before the echo of the first shot clears.

EXT. FORTIFICATIONS

Cole is the first one on his feet.

COLE
WAAAHHHHOOOO!! We're coming Jesse!

CAPTAIN MALCOLM
Charge!

With a ragged cheer the RANGERS ERUPT FROM THE FOREST, some
actually on horseback, firing at the exposed Union troops.

EXT. HILLSIDE

Soldiers are swarming Jesse, but he's moving, turning, an
untouchable blur in the chaos. As he drops two more empty
Colts and reaches for the last two at his back, a SOLDIER
just an arm's length away BRINGS UP A RIFLE.

JESSE
Oh, you do not!

Jesse grabs the rifle barrel and drives the butt straight
back into the soldier's nose. The Union boy falls, releasing
the gun. Jesse swings the rifle in a smooth arc, bashing
another soldier in the jaw, and then spins it effortlessly
into his opposite hand and FIRES it point blank into another
Union soldier.

ANGLE ON

The Rangers PLOWING INTO the Union soldiers. Rattled, the
Union troops are beginning to break and fall back.

ANGLE ON

Jesse as another nearby soldier draws a revolver. Jesse
snags his hand, twists it, wrapping the man's arm backward
around Jesse's waist. With the other man still gripping the
weapon, Jesse FANS THE HAMMER as he turns, shooting six more
Union soldiers as they try to rush him. With a final yank,
Jesse pulls the Colt from the man and crashes it down on his
skull.

ANGLE ON

the Union soldiers in full retreat.

EXT. THE GATLING STATION

The few remaining Bluecoats break and run as Jesse reaches
the Gatling. Suddenly a FIGURE LEAPS UP from behind the
Gatling and FIRES his rifle. A bloody streak tears Jesse's
cheek and he stumbles onto his back. With a cry, the figure
jumps forward and buries his bayonet in Jesse's chest!

Jesse gasps, then, puzzled, looks down. The bayonet has
lodged right in the "X" of the ammo belts on his chest,
stopped by the bullets and leather. Jesse kicks. As the
Union soldier is knocked back, Jesse smoothly snap-kicks to
his feet and draws both remaining Colts. He pulls up short.

It's a fifteen year old boy, Web Mimms in a blue uniform.
There's a deadly pause.

JESSE
You ain't even been with a girl,
have you?

The boy shakes his head. Jesse waves him off with the guns.

JESSE (CONT'D)
Git.

The boy scurries off. Jesse turns and lopes down the hill.
Instantly he's surrounded by cheering Missouri Rangers.

EXT. HILLSIDE

The Rangers move past Jesse. Jesse suddenly realizes Frank
is there. They fall into step together.

JESSE
Distracting enough for you?

FRANK
Pff. They hardly even noticed you.

JESSE
So you're saying I could have done
more to attract their attention.

FRANK
Mm-hmm.

JESSE
Such as?

FRANK
You could have worn one of those
big, floppy woman's Easter Sunday
hats.

JESSE
That would have made an impression.

FRANK
I figure.

JESSE
See, that's your problem, Frank. By
the time you finish figuring out
stuff, I'm already finished doing it.

FRANK
No, Jesse, your problem is you're
always doing stuff before I'm
finished figuring it out.

Cole, Bob, and Comanche Tom RIDE UP on their recovered
horses. Cole jumps down and picks up Jesse in a bear hug.

COLE
Wait'll we get back to Missouri,
start telling those gals about how
little Jesse James charged the whole
Union Army by himself!

COMANCHE TOM
You ride like a Comanche.

BOB
You can ride like that?

COMANCHE TOM
I said like a Comanche, not this
Comanche.

Cole mounts up, reaches down a hand to Jesse.

COLE
Ride with me, cousin?

JESSE
I could use the walk.

COLE
Suit yourself. We'll have some
horses waiting for you at the road.
(then)
Let's ride, Rangers!

Cole slaps leather and the Rangers canter off. As they
disappear we hear:

BOB
(low)
Now, I would just sound stupid
saying something like that...

Jesse and Frank watch them go, then start walking again.

JESSE
(finally)
Web's dead.

FRANK
I reckoned.

JESSE
Hell of a war.

FRANK
I'm sure it seemed like a good idea
at the time.

EXT. ROAD - DUSK

The James brothers, the Youngers, and the other Rangers
ride down a dirt road toward a ragtag column of Confederate
soldiers. The grey uniforms are ghostlike in the twilight.
The men are obviously broken, dispirited. The column
stretches down the road and around a bend as far as the eye
can see.

Jesse and the other Rangers ride into the midst of the
Confederates who part and flow around the horsemen like a
slow-moving river.

For a moment, nobody speaks while the whole eerie
procession glides past.

COLE
Where you boys going?

JESSE
There's Yankees back there. Lot's
of 'em.

One grizzled Confederate VETERAN, his arm in a bloody
sling, looks up at Jesse.

VETERAN
War's over, son. General Lee
surrendered yesterday at Appomattox.

The soldiers move on. The Rangers stare into the middle
distance of despair. Cole rubs his hands across his face.

FRANK
Yesterday.

BOB
Well, somebody better go tell THE
DAMN YANKEES!

COLE
What do we do now?

Jesse seems to be the only one with a clear head.

JESSE
Home. We go home. We ride like hell
to get there, and we kill anything
or anyone that comes between us and
our homes. And when we get there we
stay there and God help any fool who
tries to get me to leave my farm
again.

BOB
(pause)
Best damn plan I heard all war.

Jesse jerks his reins, and the last remaining survivors of
the Missouri Rangers trot off into the sunset.

MONTAGE

-- Jesse, Frank, the Youngers and Comanche Tom riding hard
down country roads, past burned out farms.

THE RIDERS

Are struggling through a downpour in a pitch black night,
one of the horses slipping, going down.

BLAZING SUN

On a dusty road, the Youngers sharing a horse now,
everybody just trying to keep moving.

EXT. HILLTOP - DAY

Jesse, Frank, Cole, Bob, and Comanche Tom are looking down
on the frontier town of Liberty, Missouri.

FRANK
Hello, Liberty Missoura!

JESSE
All this time in the saddle... We
get to the farm, I'm going to shoot
this damn horse just on principle.

COLE
Never thought that pissant town
would look so pretty.

BOB
Anywhere nobody's shooting at me is
pretty.

JESSE
Home, boys. Back to our farms.

COLE
Planting corn. Harvesting corn.
Year after year.

BOB
Corn gonna shoot at me?

FRANK
Nope.

BOB
Then I love it.

They start to ride down into town.

COLE
Tom, why don't you stop at our
spread before you head on out to the
reservation? Figure we might have
some work for you, if you want.

COMANCHE TOM
Hmm. Go back to the reservation and
get drunk in a dirt shack, or work
for you...

COLE
Well?

COMANCHE TOM
I'm thinking...

Cole throws a playful punch at Comanche Tom.

EXT. LIBERTY STREET - DAY

The gang is riding into the main stretch of town. They're
grinning, happy to be home, until --

JESSE
We got problems.

DOZENS OF UNION SOLDIERS are walking along the boardwalk,
lingering near the saloon, all suddenly staring at the
riders.

COLE
What the --

FRANK
Must be a garrison in town. We're
in occupied territory, boys.

Cole is returning stares.

JESSE
Hands off your hip, Cole.

COLE
You're not scared, are you?

JESSE
Pick your fights, cousin. You
taught me that.

BOB
It gets worse.

There in the center of town, is a brand new scaffold. Three
bodies, fresh ones, are hanging from the nooses.

FRANK
Jesus mercy, that's Charlie
Higgins, Dave Laller ...

BOB
... Will Perry ...

COLE
They rode with Quantrill's Rangers.

The riders stop at the scaffold, take off their hats.

JESSE
Looks like Web Mimms wasn't the
only casualty this town's got.

FRANK
We better go to Doc's, see what's
going on here.

COLE
I'm cutting them down.

Cole starts to dismount. Jesse grabs his arm. The Union
Soldiers have started to form a crowd

JESSE
Not now.

COLE
What is wrong with you?

JESSE
(low)
In case we have to kill these
sonofabitches, I don't want them to
see us coming.

Cole thinks, nods. They ride away from the scaffold.

BOB
Cole, I want to get to the farm,
make sure Little Jim and the girls
are okay.

FRANK
Stop by our spread after that, tell
our Ma we're all right. We'll go to
Doc Mimms.

The Youngers and Comanche Tom split off, start to trot away.

COMANCHE TOM
I think I may just go on to the
reservation.

BOB
Tom, I'm this close to coming with
you...

EXT. MIMMS HOME - DAY

Jesse and Frank ride toward a handsome white two-story
frame house that stands in a grove of elm trees.

ANOTHER ANGLE

They dismount and walk up to the porch. A FARM HAND in a
cowboy hat is nailing a rail onto the porch.

JESSE
Scuse me, we're here for the Doctor.

The farm hand turns and pulls off his hat -- her hat. She's
a chestnut-haired beauty in her late teens, ZERELDA MIMMS.

ZEE
Jesse! Frank!

She hugs both of them enthusiastically. Jesse is obviously,
immediately smitten.

JESSE
Zerelda? Little Zee Mimms?

ZEE
You were little Jesse James when
you left.

JESSE
But you got big!

Zee arches an eyebrow.

JESSE (CONT'D)
I mean, you aged --

Zee arches both eyebrows.

JESSE (CONT'D)
I mean, I mean, in a good way you
got big and older.

Zee tilts her head. Jesse's mouth moves, but nothing comes
out, until

JESSE (CONT'D)
Frank, don't you have something to
say?

FRANK
You're doing just fine.

JESSE
(pulling it together)
Zee, we got to talk to you and your
father.

DOC MIMMS, a grey-haired man wearing rimless spectacles,
steps out of the doorway.

DOC MIMMS
Frank, Jesse.
(looking)
Where's Web?

ANGLE ON

A LONG SHOT of the Mimms house. We can see, but not hear,
Jesse talking. A beat, then we hear Zee CRY OUT. Doc Mimms
staggers, SLUMPS DOWN in the door frame. Jesse and Frank
rush to help him.

DISSOLVE TO:

INT. PARLOR - A WHILE LATER

The room is comfortable and elegant in a simple way. Doc
Mimms is slumped in a big chair. Zee, her eyes red, is
pushing a glass of sherry into his hands. Jesse and Frank
sit across from him.

JESSE
-- rode right into them, screaming
like a banshee.

DOC MIMMS
My little Web did that?

JESSE
Pff. He jumped his horse clear over
our heads, killed a dozen Union
soldiers before they knew what hit
them.

Jesse looks at Frank, urging him on.

FRANK
Whyyyy... he took down the Gatling
gun and the cannon all by himself.

JESSE
Saved all our lives, Doc. None of
the Liberty boys would have come
home if not for Web Mimms, Doc.
God's honest truth.

Doc is fighting back tears, but proud.

DOC MIMMS
Web died fighting?

JESSE
Died a hero.

ZEE
(quietly)
But still died.

JESSE
If there's anything we can do for
you, Dr. Mimms. We want to help.


DOC MIMMS
Start thinking about yourselves.
You, the Youngers, Clell Miller, all
of you. Don't end up like Charlie.
They found out Charlie rode with
Quantrill's Raiders. They arrested
him, tried him by military tribunal
and hanged him this morning.

FRANK
I thought there was general amnesty.

DOC MIMMS
For soldiers, yes. But if you rode
in one of the partisan bands,
they'll hang you for treason. And
you boys are in more danger, because
you've got a farm.

Jesse and Frank don't understand.

ZEE
Daddy, don't start with this again.

DOC MIMMS
Zerelda, it's no coincidence. The
railroad men come through, offering
to buy up land. Nobody sells. Then
they start hanging men who own farms
for treason?

FRANK
You're saying the railroad's got
the Army doing it's dirty work?

DOC MIMMS
Rich men in Washington, don't
matter if they wear a tie or a
uniform, they're all the same.

JESSE
All we thought about was coming
home. I swore I'd kill anybody who
tried to get me off my farm again.
If I have to go to war with the
railroad to stay, fine by me.

FRANK
Think about this. If we just come
up with a story and stick to it, we
should be all right.

JESSE
What kind of story are they going
to believe?

ZEE
Hmm. You were in the Confederate
Army with General Hood's Texas Army
until... say Sharpsburg, then you
were reassigned to General Jeb
Stuart's cavalry until you
surrendered in Tennessee.

Pause. The men stare at Zee. Up goes the eyebrow again.

JESSE
That just might work.

FRANK
Maybe, maybe...

DOC MIMMS
Now go on to see your Ma. She'll be
glad to see her sons alive.
(choking)
And for her sake, stay that way.

EXT. MIMMS HOME - MINUTES LATER

We see Frank and Jesse mount up. Zee is at the door seeing
them off.

FRANK
We'll be back on Saturday with Cole
and Bob, give you a hand with the
repairs.

ZEE
Thank you. For everything.
Especially that story you told my
father.

Jesse is about to object, but Zee raises a hand.

ZEE (CONT'D)
I'm going to go cry now, so I don't
have time for your lies. But I'll
see you Saturday.

Zee kisses her fingertips and extends them to the boys,
then disappears into the house.

CLOSE ON:

Frank shaking his head as they ride away.

FRANK
That Zerelda turned into a hell of
a woman, eh --

WIDEN TO REVEAL Jesse's not next to him. Frank turns.
Jesse's still staring at the door. Frank rides back, takes
Jesse's horse by the reins. As Frank turns Jesse's horse
and leads it away, Jesse's head keeps pivoting, fixed on the
door. After a moment, Jesse turns to look forward, taking
his reins.

The brothers ride away slowly.

FRANK (CONT'D)
"Big and older"?

JESSE
You can shut up now.

FRANK
You are a charmer.

JESSE
I swear I'll shoot you in your
sleep.

FRANK
Next time try "fat and haggard."

Jesse pulls down his hat and groans into it.

EXT. JAMES FARM - DAY

Jesse and Frank ride up. Out of the farmhouse bursts MA
JAMES, a big, rugged frontier woman who is absolutely
hysterical.

MA
My boys! My boys!

She hauls Jesse and Frank clean out of their saddles.

MA (CONT'D)
My boys are alive!

FRANK
(strangling)
Not if you don't ease up a bit,
Ma...

She looks at both at arm's length.

MA
Did you kill Yankees?

JESSE
A fair number, Ma.

MA
Say your prayers?

FRANK
Every night, Ma.

MA
Good. Now get inside and wash up
for dinner.

INT. JAMES HOME

Jesse and Frank enter, surprised to find Cole, Bob,
Comanche Tom, and a gawky 15 year old JIM YOUNGER all eating
at their kitchen table.

FRANK
Well look at Jimmy Younger. You're
all grown up.

JIM
(mouth full)
Mmmph-hmpph.

BOB
(sheepishly)
Your Ma wouldn't let us leave until
we ate something.

COLE
That was two hours ago.

MA
I don't see clean plates.

The men dutifully return to the meal. Jesse nods his head
at Comanche Tom.

JESSE
(quiet)
Ma, I'm glad to see you being nice
to our Injun friend.

MA
He's a good Christian and he killed
Yankees. Jesus told me that made him
an all right boy.

Ma WALKS OFF.

FRANK
She's still talking to Jesus.

JESSE
What worries me is that Jesus is
talking back.

EXT. JAMES FARM

We can hear the laughter from inside the lit house. Night
falls and

DISSOLVE TO:

EXT. JAMES FARM - DAY - A FEW WEEKS LATER

Like a time-lapse film we see the surrounding trees have
filled out, the stone fence is repaired, the shabby paint
redone in sparkling white. Jesse and Cole, shirtless, are
driving a post into a hole. Frank STEPS OUT of the house and
joins them.

JESSE
You ever notice Zerelda's eyes?

COLE
She got two of them.

FRANK
I think one of 'em's glass.

COLE
Which one, right or left?

FRANK
The brown one.

JESSE
(to Cole)
You talk big for a man who screwed
another man back in Atlanta.

Frank laughs as Cole raises the shovel to strike Jesse.

FRANK
Oh, Lord, the dance hall girl at
Bunty's...

COLE
Sadie was not a man!

JESSE
She had a moustache.

COLE
She was European!

JESSE
All right, calm down. I'll agree
Sadie was a woman --

Jesse and Frank swallow their laughs.

JESSE (CONT'D)
-- if you stop saying things about
my Zee.

FRANK
Your Zee? Hmm.
(quoting)
"From women's eyes this doctrine I
derive: they sparkle still the right
Promethean fire; They are the books,
the arts, the academes, that show,
contain, and nourish all the world."

COLE
I have no idea what you just said,
but it sounded real nice.

FRANK
Shakespeare.
(pause)
He's European.

COLE
Ah.

JESSE
You want to write that down for me
so I can say it to Zee?

The post finally drops straight into the hole. Jesse and
Cole shrug into shirts and grab a pitcher of lemonade.

JESSE (CONT'D)
Thanks for the help.

COLE
After all you did on our farm?
(sips, then)
You miss it, don't you Jesse?

JESSE
The war? What, are you crazy?
(beat)
There are things I miss about it.

COLE
It was exciting.

JESSE
But it was a whole lot of killing.
Why should we miss that?



COLE
Because we were good at it? Hell,
we were great at it. Jesse, don't
tell anyone I said this, because
everybody knows I'm the toughest man
in this town, but you are one
terrifying sonofabitch with those
guns.

JESSE
(regretful, but not)
Yeah.

Frank looks at Jesse thoughtfully. Then all three notice

ANGLE ON

A BUGGY that stops at the edge of the property. Ma STEPS
OUT onto the porch next to Frank to meet:

A man in a suit, ROLLIN PARKER, and three riders who
dismount and flank Parker: two DETECTIVES and a big Scot
with a beard and no moustache, ALAN PINKERTON. Pinkerton is
wearing a suit and a gun in a high waistband. All four
advance to the house.

PARKER
Howdy, folks. How are you this
afternoon?

COLE
"Howdy"?

JESSE
Easterners.

MA
We're just fine, thank you, sir.

PARKER
I am Rollin H. Parker, personal
emissary of Mr. Thaddeus Rains,
president of the Rock Island and
Pacific Railroad. These two
gentlemen are Pinkerton detectives,
working for Mr. Thaddeus Rains,
president of the Rock Island and
Pacific Railroad, and this gentleman
here is the famous Alan Pinkerton,
founder of the Secret Service and
now working under contract to Mr.
Thaddeus Rains.

JESSE
Would that be Thaddeus Rains,
president of the Rock Island and
Pacific Railroad?

FRANK
You know him?

JESSE
Heard of him.

PARKER
(trying to regain
control)
As you have no doubt heard from
your neighbors, our railroad is
moving west.

JESSE
That makes sense, as east would put
you underwater.

Pinkerton coughs a laugh. Parker glares at him and
continues.

PARKER
... moving west, opening the
frontier for folks such as yourself.
Your acreage here is on the proposed
right of way.

Parker produces a piece of paper. Ma takes it.

PARKER (CONT'D)
I'm here for your signature on this
land sales contract. I'm authorized
to pay you two dollars an acre.

MA
Two dollars?

PARKER
That's right. That's the price
authorized by the railroad's board,
and approved by the Department of
the Interior of the Government of
the United States of America.

MA
This land ain't for sale.

Pinkerton steps forward.

PINKERTON
Ma'am, I can understand how you
might feel that way -- you've made a
lovely home here. But it's really
not up to me or you. Are you
familiar with the legal concept of
the Right of Eminent Domain?

FRANK
Yeah, I am. What about it?

Parker is surprised. Pinkerton has become interested in
these farmers.

PINKERTON
Well, this land is about to be
condemned.

PARKER
I'm doing you folks a favor --

COLE
Said the skinner to the mule.

PARKER
-- with a price of two dollars an
acre for this one time only offer.
After today the price goes down. So
if I were you, I'd just sign the
contract, and I'll be on my way.

Frank takes the contract from Ma and hands it back to
Parker.

FRANK
Good day, Mr. Parker You can tell
Mr. Thaddeus Rains to put this where
the sun don't shine.
(to the boys)
Shakespeare.

JESSE/COLE
Ah.

Parker flushes with anger. Pinkerton and his men rest their
hands on their guns.

PINKERTON
I don't think you understand. You
don't have a choice.

CLICK CLICK and we see Jesse's drawn and cocked two Colts
from out of thin air. Frank has pulled his rifle from the
doorway. Parker and the detectives are furious, but
Pinkerton seems no more than curious.

PARKER
(to Ma)
Ma'am. You have to look in your
heart and do what you know is right
here.

MA
Let me ask the Lord.

Ma bows her head for a moment. She then nods and looks up.

MA (CONT'D)
The Lord says we can bury 'em out
back in the orchard, nobody'll ever
find them.

JESSE
Somebody's in a vengeful smiting
mood today.

FRANK
Why don't we just let them go for
today, Ma. We'll bury them out back
next time.

MA
Oh all right.

Parker, and the detectives are stepping backward to the
buggy.

PARKER
You people are making a serious
mistake!

Pinkerton himself has lingered, taking in the group.

PINKERTON
(nodding)
Nicely played.

Parker, Pinkerton and the detectives RIDE OFF. The group at
the James house watches them go, then Cole turns to Jesse.

COLE
Where the hell did you get those
guns?

OFF JESSE'S SHRUG WE

DISSOLVE TO:

INT. SCHOOL HOUSE - NIGHT

Dozens of men and a few women are packed into the one room
school house. Among them are Frank and Jesse. Doc Mimms is
leading the meeting.

FRANK
I went up to the courthouse and
looked at the right of way documents
for the rail bed. The railroad
doesn't even need our land, they're
just taking the land on both sides
for as far as they can.

JESSE
Damn. All that reading paid off.

DOC MIMMS
Floor recognizes Clell Miller.

CLELL MILLER, tall and blond, steps forward.

CLELL
They're saying we don't sell, we
might end up with nothing!

FRANK
That's only if we don't stick
together.

DOC MIMMS
(pointing)
Loni Packwood.

LONI PACKWOOD, a sad, scruffy man stands up.

LONI
I say this is the last straw. I
came back from the war, I found my
house burned down. My cows was dead.
Now my wife's run off with my
cousin, Jeb, that sonofabitch.
(tearing up)
Took my dog--

DOC MIMMS
Ah, Loni, about the railroad.

LONI
I forget.
(almost weeping)
Took my dog...

Another FARMER steps up.

FARMER
I signed.

FRANK
Harlan, you can't.

FARMER
I'm tired of fighting. I'm just
gonna take my family and move west.

CLELL
Maybe we should hire a lawyer.

FARMER 2
That's a good idea!

FRANK
It would be, if the courts were on
the up and up.

CLELL
So what do we do?

ANGLE ON

the school house door as it BANGS open and Bob Younger
STUMBLES IN, bleeding from a cut on his forehead, being
supported by Zee.

BOB
They got Cole.

He collapses into a seat. The crowd surrounds him.

ZEE
He came to our house, Daddy. I
figured you'd all want to hear this.

Jesse and Frank are next to Bob. Zee puts a hand on Jesse's
shoulder. He notices.

BOB
They came up, made the same offer
they made you folks. Our little
brother Jim tried to chase 'em off,
one of those detectives hit him in
the head, knocked him out. Cole lost
his temper.

FRANK
(rubbing his
forehead)
Oh no...

BOB
He just lost his temper a little.

JESSE
(sighing)
How many of them did he kill?

BOB
Two.

FRANK
Damn!

BOB
They said because the detectives
were working for the Department of
the Interior --

FRANK
The Army can hang him.

BOB
Tomorrow.

CLELL
What do we do?

JESSE
Nothing.

The crowd stares at Jesse.

JESSE (CONT'D)
You folks are going to do nothing.
You're all going to go home right
now. So you're going to be able to
swear on a Bible that you don't know
anything about what's going to
happen tomorrow.

Jesse's gaze is at once noble and terrifying. The crowd
quietly begins to disperse.

DOC MIMMS
Boys...

JESSE
Go home, Doc.
(softly)
They ain't gonna hang no more
Liberty boys.

Doc Mimms nods, EXITS.

Jesse walks to the other end of the school house. Bob,
Frank, Clell and Loni fall in behind him. The door SWINGS
OPEN again and Comanche Tom enters with Jim Younger sporting
six-guns way too big for him.

COMANCHE TOM
I couldn't lose him.

BOB
Jim Younger, I told you--

JIM
It's my fault they're gonna hang
Cole. I want in.

FRANK
Jim, it was just a matter of time
before they tried to hang somebody
else to scare off the other farmers.

JESSE
And you're too young.

JIM
(to Jesse)
I'm the same age you were when you
went off to war.

JESSE
And the same age Web was. No.

ZEE (O.S.) (O.S.)
You're wasting time.

Zee joins them.

JESSE
Zee, go home.

Zee's eyebrows go up.

ZEE
Who else was there when they hanged
the others?

The men look at each other. Nothing.

ZEE (CONT'D)
You need to know how they do it.
Which way they walk up. What order
they do things in. And if you mess
up rescuing Cole because you won't
listen to a woman, then God damn you
all.

Pause.

JESSE
All right. Seven of us against a
Union regiment and Pinkerton
detectives in broad daylight in the
middle of Main Street.

Jesse smiles.

BOB
He's smiling.

JIM
Is that bad?

FRANK
Very.

EXT. LIBERTY CITY GALLOWS - THE NEXT DAY

Soldiers flank the gallows, which stand at the bottom of
the stairs to City Hall. A small drum corps beats a stark
rhythm.

Parker is watching this like a sideshow. Pinkerton is next
to him, scanning the crowd of locals which is getting larger
and surlier by the minute.

PARKER
Relax, Alan. The Army has this all
in hand. And Mr. Thaddeus Rains will
be very pleased with this news.
Nothing like a hanging to motivate
the populace to relocate.

PINKERTON
It's not my job to relax. I've put
men facing out both ways down Main
Street, so nobody can ride in
shooting. I've got a sharpshooter up
on the water tower just in case.

Pinkerton WAVES to a FIGURE in a suit atop the water tower.

CUT TO:

EXT. WATER TOWER

We see it is FRANK JAMES in the suit, who WAVES BACK and
then kneels and sights down his long rifle. Tucked away
behind him, out of sight from the street, is a
bound-and-gagged PINKERTON SNIPER in his underwear.

CUT TO:

EXT. GALLOWS

Cole, his face swollen from a beating, is marched up the
stairs of the gallows toward the waiting hangman.

LONG SHOT

of the gallows, detectives and soldiers down the street on
both sides, guns ready. The position is completely
unassailable. Cole is at the platform. His hands are tied in
front of him. The noose is placed on his neck.

BACK TO

The gallows. Parker leans forward in anticipation. A UNION
LIEUTENANT approaches with the black hood. Cole spits in his
face. The CROWD ROARS. The Lieutenant angrily motions to the
HANGMAN, who grabs the lever --

The drums STOP --

But the drumming doesn't.

The drum corps look at each other, confused. The Army men
and the Pinkertons squint in concentration. There's
definitely some sort of rhythmic DRUMMING, coming closer...

The CROWD, sensing something, easing back from the
gallows...

The drumming gets LOUDER ...

EXT. STREET

REVEAL Fifty-odd CATTLE suddenly STAMPEDING from down the
street, their hooves creating the drumming!

REACTION SHOTS as the Pinkertons and Army men start to
scatter, the cattle surging around them --

EXT. VIEWING STAND

ANGLE ON Parker and Alan Pinkerton running for cover,
Pinkerton half-turned to watch the action.

PINKERTON
Brilliant...

Pinkerton suddenly spots something confusing. We FOLLOW his
stare to see --

ANGLE ON

a HORSE in the middle of the cattle, cutting through the
steer, towards the gallows.

THE HANGMAN REACHES FOR THE LEVER AGAIN, BUT JUST AS HE
DOES -

Jesse -- masked -- appears from the side of the horse,
where he's been hanging on Indian-style. He gets a leg up on
the horse's back and LEAPS --

SLAMMING into the Hangman, bringing him down!

The cattle pass the gallows, revealing that the tight ranks
of the Army and Pinkertons are now spread out --

EXT. GENERAL STORE

SMASH! From the nearby GENERAL STORE, the other masked
rescuers CRASH through the big front window on horseback and
ride into the Army men, FIRING AWAY.

TOTAL CHAOS! The Army men and Pinkertons fight towards the
gallows. As Jesse untangles himself from the Hangman, the
Union Lieutenant reaches for the lever but BANG drops as
Frank opens fire.

Frank starts picking off soldiers. The detectives and
remaining soldiers are completely disoriented.

EXT. GALLOWS

Jesse flashes a knife and the noose drops away from Cole's
neck. Facing Cole, he cuts the rope on Cole's wrists --

Cole instantly draws Jesse's guns from his waist holster,
spin-reverses them and SHOOTS two Union soldiers climbing
the stairs behind Jesse's back. Jesse and Cole exchange a
look, then Jesse steps away --

As Bob rides by he TOSSES JESSE'S GUNBELT into the air.
Jesse draws both guns from the belt as it flies by, spins
and starts shooting.

EXT. MAIN STREET

The soldiers have totally broken ranks. One riderless horse
led by Comanche Tom pulls up by the scaffold. Jesse LEAPS ON
and Cole jumps on behind him. Jesse puts the spurs to it and
the horse SURGES into a gap in the crowd.

Allen Pinkerton steps past the panicking troops, squarely
in the path of the charging horse. He draws his gun and
FIRES. The bullet PLOWS into Jesse just as the terrified
horse lurches forward, TRAMPLING Pinkerton.

Cole holds Jesse up and the riders take off down the
street. We see Frank has disappeared from the water tower.

The soldiers fire at the fleeing liberators. One of the
detectives runs over to the injured Alan Pinkerton.

DETECTIVE
Sir, are you all right?
(shout)
Somebody get a doctor!

EXT. MIMMS HOME - NIGHT

WE SEE one window upstairs with a light on.

INT. BEDROOM

Doc Mimms has just finished bandaging Jesse, who lies
unconscious beneath the sheets. Zee is holding an oil lamp.

ZEE
He's going to be fine, right Daddy?

DOC MIMMS
The bullet came out clean, but he
lost a whole lot of blood. Praying
wouldn't hurt.

The SOUND OF HOOFBEATS APPROACHES from outside.

INT. LIVING ROOM

Doc Mimms opens the door. A UNION OFFICER and a squad of
soldiers push in.

OFFICER
Good evening, sir, we're looking
for a fugitive.

DOC MIMMS
A fugitive? Who?

OFFICER
We don't know, but he was very
badly wounded. We're checking all
the houses in the area.

INT. BEDROOM

Zee hears her father protesting, then FOOTSTEPS on the
stairs. Quickly she undresses, grabs a quilt from a chest
and jumps into bed with Jesse. She pulls the quilt up to her
neck, completely hiding him.

At that moment, the Officer barges in. Zee lets out a
little gasp as if startled awake. She covers herself with
the quilt.

ZEE
Sir! Who are you?

OFFICER
Oh. Sorry ma'am.

ZEE
I should hope so.

The Officer EXITS. Zee watches the door for a moment, then
looks down fondly at Jesse.

ZEE (CONT'D)
Jesse, are you awake?

JESSE
(groggy)
Mmmm.

Zee gently pushes his hair off his face. Then her
expression changes.

ZEE
Jesse, is that your hand?

JESSE
Nuh-huh ...

Jesse smiles in his sleep. Zee jumps out of the bed and
wraps a dressing gown around herself. Doc Mimms enters.

DOC MIMMS
They're gone. What are you --

ZEE
I fooled them into thinking I was
alone.

DOC MIMMS
Well, I hope the boy pulls through.
We should know in the morning.

ZEE
(with a little smile)
I think he's already feeling better.

A puzzled Doc Mimms follows her out.

EXT. LIBERTY MAIN STREET - AFTERNOON - TWO WEEKS LATER

A lavishly appointed carriage rolls up to the front of the
nicest hotel in town. Rollin Parker and his retinue of
Pinkerton detectives scurry to the door.

The DOOR OPENS. Out steps THADDEUS RAINS, wearing an
elegant suit he bought in London last year and a scowl he
picked up in Boston three decades ago. The scowl fits him
better.

PARKER
Mr. Thaddeus Rains, sir, it is a
pleasure to have you join us in the
field.

RAINS
And it is my pleasure to be here.

PARKER
Really!

RAINS
NO! It is NOT my pleasure to have
to leave my board room to come to
this godforsaken piece of dirt to
discover why in the name of all that
is holy you cannot seem to evict a
few simple farmers from their
PATHETIC LITTLE MUDHOLES so that I
may build the GREATEST railroad that
this country has ever seen!

PARKER
I can completely understand your
distress, sir.

Rains sighs. As he speaks, he checks a heavy, gold, ornate
and ever-present POCKETWATCH on a GOLD CHAIN.

RAINS
Parker, tell me what's going on so
I can return as quickly as possible
to Boston and my whores and cigars,
not necessarily in that order.

PARKER
Two weeks ago, we managed to
arrange to have the Army hang one of
the local farmers.

RAINS
Good.

PARKER
Unfortunately not, sir. A gang of
local thugs managed to rescue him
from the gallows. Not only has this
inspired resistance from the other
farmers, the redoubtable Mr. Alan
Pinkerton was seriously injured
during the incident.

RAINS
Leaving you in charge of operations
until he recovers.

PARKER
(puffing with pride)
Yes sir.

RAINS
Just perfect.

PARKER
A further impediment is that the
Army garrison has been ordered to
move on from Liberty. We will no
longer have that particular stick
with which to threaten the farmers.

RAINS
You see the Army leaving and you
see the loss of a tool. I see a
power void to be filled. As we have
the most power, we may move with
impunity.

PARKER
I see. I'll get together four
patrols of our detectives for action
tonight.

RAINS
I'll teach these podunks what
happens when they challenge the
righteousness of progress.

EXT. MIMMS HOME - AFTERNOON - THAT SAME DAY

Zee is on the porch. Jesse COMES THROUGH the door, moving
gingerly. Zee immediately moves to support him.

ZEE
You shouldn't be up.

JESSE
I've been on my back two weeks. I'm
sick of it.

ZEE
You're sick of my company?

JESSE
No! I mean, of course not. No.

ZEE
Teasing you is completely unfair.

JESSE
What you do to me is unfair. The
teasing, I mean.

ZEE
I shouldn't tease a hero.

JESSE
What?

ZEE
Everybody in the county knows it
was you who rescued Cole. We're all
so proud of you, Jesse. And not a
single farm's been sold to the
railroad since. You're everybody's
hero.

JESSE
I wasn't the only one risking my
neck that day.

ZEE
So you're saying I should leave you
alone and go spend time with Jimmy
Younger?

JESSE
Unfair. You are completely unfair.

They look at each other warmly. Frank DRIVES UP in a
carriage.

FRANK
You ready to stop loafing around
with this young lady and get back to
farming?

JESSE
What do you think?

FRANK
Would you get in the carriage?
Until Ma has you home so she can
fuss over you herself, she's gonna
make me miserable.

Doc Mimms COMES OUT onto the porch.

JESSE
What do you say, sir?

DOC MIMMS
Go on. You're pretty much all
healed up.

Jesse and Zee exchange glances. Zee withdraws demurely into
the house. Jesse straightens up and hops easily into the
carriage.

FRANK
You're looking a bit more spry now
that somebody --

JESSE
(to Frank)
Shut up.
(to Doc Mimms)
Uh, Doc, I was wondering if, uh,
this evening, I could come by?

DOC MIMMS
You know you're welcome any time!

JESSE
(unusually awkward)
Yesss, but I was thinking, I could
come by, and then take Zee out. Some
place near. With other folk. Near.
Here.
(beat)
But out.

DOC MIMMS
(bemused)
It's fine by me, Jesse.

FRANK
Don't worry, sir, I'll make sure
they're always properly chaperoned.

Jesse slooooowly turns to glare at Frank.

DOC MIMMS
(grinning)
Why, that hadn't even occurred to
me, Frank. I am deeply in your debt.

FRANK
Army's leaving town, so Cole can
stop hiding up in the woods and come
back to his farm. Everybody's
getting together at the Younger
place for a to-do.

Frank tips his hat, and the carriage MOVES OFF.

EXT. BARNYARD - NIGHT

Dozens of people are milling about happily in the lantern
light of a Western party. Some are dancing to the small
banjo-led band. A small knot of men are comparing war
stories. Cole Younger is wandering among them, people
clapping his shoulder, shaking his hand.

Jesse -- formally accompanying Zee -- and Frank arrive at
the edge of the light. Immediately the entire group bursts
into applause and crowds Jesse. Cole cuts through and bear
hugs Jesse, making him wince.

COLE
Here's Liberty's favorite son!
(quietly)
I'll never forget what you did,
cousin.

BOB
Zee, I'm pleased you came.

ZEE
Why thank you, Bob.

BOB
I'm especially pleased you came
with Jesse.
(off her look)
Seeing as right now there's a
gaggle of girls hoping to dance with
Jesse who are just going to have to
settle for the many charms of Bob
Younger.

ANGLE ON

A group of obviously disappointed, beautiful young women.
Bob runs a hand through his hair.

JESSE
You have no shame.

BOB
Not yet. But I'm hoping.

The party starts up again, and everyone is caught up in the
good times.

ANGLE ON

Jesse SWINGING Zee into a group of dancers. They join in
the Two-Step, and Jesse's as smooth as silk.

EXT. HILLSIDE - NIGHT - A WHILE LATER

Jesse, carrying a lantern, and Zee are walking. We can hear
the party still going just a little ways away. They reach a
tree at the hilltop with a beautiful view of the stars and
the river. They sit down, their backs against the tree.

JESSE
I used to come to this tree when I
was a kid and imagine what my life
would be like when I got older.

ZEE
You didn't want to farm?

JESSE
I was thinking more along the lines
of being a river pirate.

ZEE
A river pirate.

JESSE
Arr. Hand over your jewels, Missy.

ZEE
Thank God you grew out of that.
(pause)
You did grow out of that, didn't
you?

JESSE
Mostly. It would be an all right
life, for a bachelor.

ZEE
You planning on being a bachelor
your whole life, Jesse James?

JESSE
Not if I find the right girl.

ZEE
And what's this right girl like?

JESSE
Smart. Funny. Bossy. Always makes
me think she's two steps ahead of
me. And big buck teeth.

ZEE
Where will you find such a girl?

JESSE
Honestly, you'd do if only you had
the buck teeth.

Zee fakes a monstrous overbite.

JESSE (CONT'D)
(dreamy)
Finally.

The two move a little closer. Eye contact.

JESSE (CONT'D)
Ahem. "From this doctrine..." No,
ah... "From women's eyes this
doctrine I derive, they sparkle
still like ... shiny... sparkling
rocks..."

ZEE
Sparkling rocks?

JESSE
Little ones.

ZEE
Is this one of Frank's Shakespeare
poems you're trying to quote?

JESSE
Yep.

ZEE
Were you planning on kissing me
when you finished quoting?

JESSE
I've been planning on kissin' you
for a very long time.

They kiss. It's everything it should be.

BOOM!

Jesse and Zee are startled by a flash of light and sound.
They turn to look back --

EXT. YOUNGER BARN

The partygoers are RUNNING from the YARD to the BARN, which
is ON FIRE in several different places. As the Younger
brothers and Frank get close, they see a squad of masked
riders disappearing down the road. Some of the men SHOOT at
the riders, but the distance is too great.

Jim makes a run for the BARN, but Bob grabs him.

COLE
BASTARDS! Come back here and face
me!

FRANK
Get buckets!

Some of the crowd starts to form a bucket line to the well.
Jesse and Zee RUN UP. Frank turns to him.

FRANK (CONT'D)
Pinkertons. It's the railroad.

JESSE
Ma.

Frank and Jesse bolt for their horses, swing into the
saddles and GALLOP OFF.

EXT. JAMES HOUSE

From a bit down the road, looking just fine. Jesse and
Frank reign in as relief rushes across their faces --

AN EXPLOSION tears the house apart like a pile of
matchsticks! Jesse and Frank urge their horses into a full
gallop.

EXT. YARD

Jesse and Frank leap from their mounts, trying to get close
to the house. The flames are too strong.

JESSE
Ma! Ma!

Jesse's ventured so close his coat catches fire. Frank
tears it from him and stamps it out. Jesse ignores him,
still pacing back and forth in front of the inferno.

JESSE (CONT'D)
Ma! Please!

MA (O.S.) (O.S.)
(weakly)
Boys?

The brothers turn and nearly drop from shock. Ma is
stumbling toward them, half her hair singed off, brutally
BURNED.

FRANK
Jesus mercy --

They reach her just as she collapses. Jesse is cradling
her, Frank with his arms around both of them.

MA
Riders --

JESSE
We know, Ma. Now we got to get you
to Doc Mimms.

MA
Take care of each other, boys. You
say your prayers.

Jesse is openly crying. Frank has tears silently streaming
down his face.

JESSE
Doc Mimms will --

MA
Shush.

Ma's eyes turn up, and she half-smiles.

MA (CONT'D)
Well look at that. The Good Lord's
a bit shorter than I reckoned.

Ma gently stops breathing.

ANGLE ON

The boys holding Ma, framed by the roaring flames of their
home. Jesse leans his head back and lets out a HOWL OF RAGE
AND PAIN AND HATE that goes on and on and on...

DISSOLVE TO:

EXT. JAMES FARM - MORNING

Frank and Jesse are staring at the smoking ruins of their
lives. Other townsfolk are milling nearby, including Zee and
the Youngers.

FRANK
... We could move on. Rebuild. Make
a decent life someplace else.

JESSE
Don't care.

FRANK
Didn't think you would.
(turning away)
I'm going to go make the coffin.

JESSE
Make a thousand of 'em. Still won't
be enough by the time I'm through.

Frank is gone.

COLE
Our place, Clell Miller's, Sammy
Johnston, the Creeders. Will Hite.

BOB
The sheriff says it was a gang of
drunk Kansas boys.

COLE
I say we ride into town and kill us
some Pinkertons and railroad men.

JIM
I like that.

JESSE
No.

They stare at him.

JESSE (CONT'D)
This isn't a feud, this is war.
They've got more men than we do. We
kill detectives, they can replace
'em in a day.

COLE
(snapping)
So what do we do, General Lee?

JESSE
Just like in the war. Harass their
supply lines. We kill the railroad's
men, they won't care.

BOB
But if we take their money and
supplies...

JESSE
Exactly.

JIM
That's a great plan, Jesse!

Cole nods grudgingly.

BOB
I'll get us a few more men, and
Comanche Tom'll ride with us.

JIM
Where do we hit first, Jesse?

COLE
I'll pick the first job! I mean...
I know a girl down at the bank. See
if she can't get a list of towns
where the railroad keeps its money.

JESSE
Perfect, Cole.

COLE
Let's ride.

The Youngers mount up. Jesse walks to the ruined house,
pulls a big iron trunk from the wreckage. He KICKS it open,
reaches in, and pulls out his gun belts. Zee appears behind
him in what remains of the doorway.

ZEE
I am so sorry, Jesse.

JESSE
Frank and me have to go away for a
while.

Zee considers this, puts her head in close to Jesse's.

ZEE
You and I, we've started...
something, you know?
(Jesse nods)
I don't know what'll happen if you
do this.

JESSE
Me neither.

ZEE
Let the law --

JESSE
Laws don't touch men like Thaddeus
Rains. Only justice does.

ZEE
Whose justice? Yours or God's?
(no answer)
When will you stop?

JESSE
When my name makes them cry in
their sleep. When I've brought them
to ashes.

Jesse kisses her gently, turns and walks to where the
Youngers are standing. Zee can barely conceal her anger and
heartbreak.

DISSOLVE TO:

EXT. FIDELITY BANK AND TRUST - DAY

ESTABLISHING SHOT of a Midwestern bank on a quiet street.

INT. FIDELITY BANK

There are two teller windows, a couple of male customers
and a MOTHER and CHILD.

Jesse and Cole ENTER dressed for the trail, longrider coats
and spurs. Saddlebags are slung over their shoulders.

JESSE
Excuse me, ladies and gentlemen,
but I have bad news. The railroad
payroll has been stolen.

The BANK MANAGER steps out from behind his desk.

MANAGER
What are you talking about? The
railroad's money is right over there
in that safe.

Jesse draws two guns, Cole produces a shotgun from his coat.

JESSE
That safe?

MANAGER
Ah.

EXT. FIDELITY BANK

Frank James, Bob and Jim Younger, Clell Miller, Loni
Packwood, Comanche Tom and several new GANG MEMBERS wait
along both sides of the street in this medium sized
mid-western town. Some are standing next to their horses,
some mounted.

ANOTHER ANGLE

An OLD MAN with a cane is walking shakily towards the bank.
Frank jerks his head and Jim intercepts him.

JIM
Hold on there, sir. Bank's closed
today.

OLD MAN
Wha?

JIM
Bank holiday! Bank's closed!

Jim tries to steer the old man away. The old man starts
batting at him with the cane.

OLD MAN
Get off me!

JIM
Ow! Ow!

Frank sighs.

INT. FIDELITY BANK

Jesse and the Bank Manager are having a staredown.

MANAGER
This is outrageous. Who are you
people?

JESSE
The James Gang.

COLE
(annoyed)
The James-Younger Gang.

JESSE
Sorry.

COLE
Don't let it happen again.

EXT. FIDELITY BANK

The old man is still smacking Jim with the cane. Bob
crosses to help.

BOB
Sir, it's a bank holiday --

SMACK SMACK and now the old man's laying the cane on both
Bob and Jim.

JIM
Ow!

BOB
Ow ow!

Frank hangs his head.

INT. FIDELITY BANK

Cole turns to the Woman and Child.

COLE
Ma'am, kindly cover that child's
eyes.

WOMAN
Why?

COLE
I don't want her to see me shoot
this man.

The woman covers the child's eyes. Cole raises the shotgun.
Jesse half covers his eyes and turns his head. The Manager
swallows.

EXT. FIDELITY BANK

Comanche Tom walks over to where the old man is still
SMACKING Jim and Bob.

OLD MAN
I know it ain't no durned bank
holiday!

COMANCHE TOM
You're right, sir.

OLD MAN
Then why can't I go in there?

COMANCHE TOM
On account of we're robbing it.

OLD MAN
Oh. Why didn't you just say so?

COMANCHE TOM
It's a secret.

OLD MAN
Fine. I'll just wait here.

COMANCHE TOM
I'd appreciate that.

The old man settles against the wall. Comanche Tom moves
back to his horse. Bob and Jim walk off, glaring at the old
man.

INT. SHERRIFF'S OFFICE

A lean, middle-aged SHERRIFF is walking by his window. His
DEPUTY is whittling at the desk. The Sherriff pulls up short.

SHERRIFF
What the --

DEPUTY
What is it?

SHERRIFF
Old Man Tucker is just standing
quiet outside the bank.

DEPUTY
So?

SHERRIFF
When have you ever known Old Man
Tucker not to be yelling at
everybody?

He takes in the group of riders, reaches for his rifle.

EXT. FIDELITY BANK

Jesse and Cole RUN FROM the bank with full saddlebags.
Everybody MOUNTS UP and starts riding down main street.

FRANK
How'd it go in there?

JESSE
Fine. How'd it go out here?

FRANK
We're gonna have to talk...

BANG! The gang flinches as a chunk of wood splinters from a
post. They turn to see the Sherriff running out in front of
them, raising his rifle --

The entire Gang draws their guns. Jesse raises a hand.

JESSE
Sir, you can do this the smart way,
or the stupid way. Only one way ends
with you still breathin'.

The Sherriff takes in the Gang's firepower. He lowers the
rifle.

JESSE (CONT'D)
(to the Gang)
Just 'cause we're robbing a bank,
no reason not to be civil about it.

The Gang turns and RIDES OFF hard.

The DEPUTY walks up to the Sherriff a beat later.

SHERRIFF
Where the hell were you?

DEPUTY
I had you covered.
(beat)
From back there.

SHERRIFF
Shit.

DISSOLVE TO:

EXT. CAMP - NIGHT

A bonfire burns in the middle of a rough camp in the woods.
The Gang members are sitting around, relaxing and drinking
coffee. All eyes are on Jesse and Cole as they finish
counting the money.

JESSE
I got seven thousand.

COLE
I got three.

BOB
Ten thousand dollars! That's almost
a thousand apiece!

The men HOOT AND HOLLER.

LONI
My luck is changing at last!

Cole holds up a pile of papers.

COLE
These are deeds and mortgages of
farms the bank was holding for the
railroad.

BOB
Better pass them over here before
something happens to 'em.

Cole goes to hand the papers to Bob and "accidentally"
drops them in the fire. The men CHEER again.

JESSE
All right, settle down. All this
money ain't ours.

BOB
Well, no, Jesse, it was the bank's.
That's why we had to go to all that
trouble of stealing it.
(to Frank)
You explain it to him.

JESSE
We oughta take some of this, give
it to our neighbors in Liberty. Lot
of people