"American Outlaws" -- by Roderick Taylor and John Rogers 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 hurting up there. CLELL None of them risked their necks for this. FRANK Now, let's think about this. We create some good will with the folks hereabouts, make it easier to dodge the law. JESSE See, Frank's being smart about this. COLE Just because he reads all those books and knows all those big words doesn't make him smart. BOB Uhh, yeah it does. COLE You stay out of this, Bob. JIM I think Jesse's got a good idea -- COLE You stay out of this too, Jim. (to Jesse) Who put you in charge of this gang, anyway, Jesse? I did mighty fine leading us during the War. JESSE And I planned getting you off the hangman's deck -- FRANK And that's why you both lead the gang. Two of you went into that bank together, right? Jesse and Cole nod, still watching each other. FRANK (CONT'D) Two heads are better than one. All Jesse was doing was making a suggestion. Jesse nods, his face giving nothing up. FRANK (CONT'D) So we're waiting to hear what you think of the suggestion. As the other leader of the gang. Cole considers this. COLE I reckon it's the smart thing to do. The other Gang members grumble. Cole whirls on them. COLE (CONT'D) Hey! We decide something, that's it! We're in this for the long haul, and this idea of me and Jesse's will help give us more places to hide out without worrying about some farmer with a shotgun sneakin' up on us in our sleep. We've got to think -- FRANK Strategically. COLE -- Exactly. Because this is a war. CLELL This ain't no war. The Gang is taken aback by this blatant contradiction. Then a smile spreads across Clell's face. CLELL (CONT'D) Nobody paid me no thousand dollars to fight in the War! The Gang LAUGHS, and the tension is broken. Jesse and Cole slap each other's shoulders, and everyone starts counting their money and talking all at once. INT. SALOON - DAY The crowded saloon is alive with music, card-playing, and dancing girls. Various James Gang members are playing cards and drinking. Jesse, Cole, and Frank are at the bar. COLE It's not a bank. JESSE It's better. It's a construction depot. They'll have the strongbox and some ammo and explosives for us to take. That way we can take on a bigger job. FRANK And it's guarded by Pinkerton detectives. JESSE And I do so want to shoot some Pinkerton detectives. Jesse and Cole grin and slap each other on the back. Jim BURSTS in waving a newspaper. He quickly runs to the bar. JIM (stage whispering) We're famous! Jesse takes the paper. JESSE I'll be damned! The other Gang members drift over to the bar. JESSE (CONT'D) (reading) "The Fidelity Bank and Trust was robbed on Tuesday by a gang of twenty heavily armed men." COLE Twenty?! LONI What are the odds, another gang robbing the same place right after we did. BOB Yeah, Loni, that's exactly what happened. JESSE "The outlaws calling themselves the James-Younger Gang shot their way out of town, wounding the Sherriff and three other townsfolk." BOB Hey! JESSE "Bank officials estimate the loss at fifty thousand dollars." CLELL We only got ten thousand. COMANCHE TOM This happens all the time when you let the white man count the money. JESSE "The U.S. District Marshal at St. Louis called this the first daylight bank robbery in American history." Jim whistles. JIM We made history. That's something to be proud of. COLE The rest of this is all lies. JESSE That just means the next time, we'll have to set the record straight ourselves. The Gang looks at him. EXT. THAXTON SWITCH DEPOT - NIGHT Half finished railroad tracks run alongside a few sheds and an office building. ANGLE ON The TRAIN TRACKS as the James-Younger Gang rides at full gallop. A rapid series of SEQUENTIAL EXPLOSIONS follows them, destroying the track for hundreds of yards. EXT. THAXTON SWITCH DEPOT - MORNING The entire work camp is DESTROYED. SMOKE still hangs over the twisted wreckage, a few wagons smolder, it looks like Omaha Beach at D-DAY plus 20. Thaddeus Rains is surveying the damage with Parker. PARKER They exchanged fire with the Pinkerton Guards, killing several of them. Then they raided the payroll office and blew the tracks for half a mile. RAINS How much did they get from the safe? PARKER Thirty-five thousand, sir. Coins and currency. And the delay from the miles of destroyed track -- RAINS I'll kill them for blowing up my railway! PARKER To be precise, they didn't blow up the tracks. RAINS THEN WHO DID?! PARKER We did. Rains stares at him. Parker swallows. PARKER (CONT'D) ... I mean, our men. Our own workers planted the dynamite. (beat) They were under duress. Rains controls his cerebral hemorrhage through sheer force of will. He checks his pocket watch, then says through gritted teeth: RAINS Where the hell is Pinkerton? The SOUND OF HORSES makes them turn. ANGLE ON A fancy carriage that pulls up. WE SEE the ground beneath the carriage. A boot hits the ground. Then another. Then the tip of a cane. REVEAL Alan Pinkerton now moving toward Rains and Parker, limping from when Jesse's horse trampled him. He has a newspaper folded up under one arm. RAINS (CONT'D) Look at this, Pinkerton! They got the payroll, and this damage will set construction back two months at least. PINKERTON (surveying) Not to mention my men who lost their lives. PARKER Your men knew the risks. RAINS What is going on here, man? PINKERTON My professional opinion is that you have managed to piss off the wrong bunch of farm boys this time. PARKER They had to be dealt with! PINKERTON By burning down their homes? RAINS You wouldn't have done that? PINKERTON Oh no, I would have done that. But I would have made sure I killed them, too. RAINS I want them arrested and hanged! PINKERTON Would a jury around here convict their own? I think not. We're beginning an interesting game here, Mr. Rains. RAINS This is no game. PINKERTON I'm afraid our adversaries don't agree. He hands Rains the paper. Rains' eyes bug out. He begins to read aloud. RAINS (reading) "A Rock Island and Pacific Railroad depot was robbed two nights ago just outside St. Louis, Missouri. The brave and daring James-Younger Gang was heavily outnumbered by Pinkerton detectives, but the city lawmen were no match for the guns of the West." PINKERTON It is a nice piece of writing. RAINS "The gang made off with thirty-five thousand dollars and also destroyed the Thaxton Switch construction, meaning that for a few months honest farmers will be able to sleep without fearing the railroad is coming to steal their land!" (he slams the paper into Parker's chest) Who wrote this!? I'll see him hanged every Tuesday for a month! PINKERTON Oh, that's the best part. He points Rains to the bottom of the article. RAINS "The foregoing article was sent to the newspaper. It was reputedly written by the outlaw -- (exploding) Jesse James himself!" Rains crushes the paper in his hands, raging as he surveys his destroyed rail tracks. CUT TO: INT. MIMMS HOME - DAY Doc Mimms is reading a paper to Zee. DOC MIMMS "...written by the outlaw Jesse James himself." Zee is pacing. ZEE He thinks this is some kind of game! DOC MIMMS I'm upset too, Zee, but Jesse and Cole know what they're doing. I'm sure they won't press their luck. Zee looks at him. Doc Mimms sighs. DOC MIMMS (CONT'D) I know. But the Lord protects madmen and prophets, and Jesse's...one of them. I'm just not sure which. DISSOLVE TO: EXT. RAILROAD TRACKS - DAY A freight train is coming. We can see "Rock Island and Pacific Railroad" written across the side. INT. ENGINE CAB The ENGINEER nudges the fireman. ENGINEER Look at that. Outside, along the railbed, members of the James Gang are holding a series of signs, each one a dozen yards after the other. The engineer reads each one as they pass. ENGINEER (CONT'D) (reading) "Better... slow... down... dynamite... ahead... too late... you're dead!" The engineer and the fireman look up. Ahead of them on the track is an overloaded wagon with barrels marked "TNT". The engineer slams on the brakes. The high pitched scream of steel on steel sounds out over the avalanche of sparks flying from the wheels. EXT. TRAIN TRACKS The train stops juuuuust in time. The front of the engine is inches away from the wagon. INT. ENGINE Jesse sticks his head in, guns drawn. JESSE That was a fine piece of driving, yes sir. He looks at the wagon. The engineer and fireman follow his gaze. EXT. TRAIN TRACKS Comanche Tom and Jim Younger climb on top of the wagon, kick over some barrels. They're empty, without even a top or bottom. INT. ENGINE Jesse grins as the engineer and fireman hang their heads. INT. BANK - DAY Jesse and Frank walk into a large bank dressed in suits. Just inside the door, Frank notices something odd and nudges Jesse. It's a "Wanted" poster. "Frank and Jesse James. $5,000 reward." They look back and forth at the artist's sketches and each other. They shake their heads "no." Jesse walks over to the teller's window. He hands a bill to the TELLER. JESSE Could you change this please? TELLER (studying it) Sir, this bill is counterfeit! Jesse draws. Frank whistles and Cole, Bob and Jim burst in. JESSE I don't think it's counterfeit. Do you mind if I take a look at all your real bills to compare? FRANK It's the scientific method. It's all the rage. INT. CONFERENCE ROOM - DAY IN a richly paneled conference room, a group of BANKERS, POLITICIANS and RAILROAD OFFICIALS are gathered around a large table. On the table is a map with a dozen red markers. Thaddeus Rains and Alan Pinkerton are studying the map. RAINS Senator, can't you do anything? A Missouri SENATOR shakes his head. SENATOR The people see the James-Younger Gang as heroes against the Eastern businessmen. This is not an area where men in suits are much loved. RAINS Pinkerton, why can't you get these outlaws? PINKERTON It's early in the game yet, Mr. Rains. Jesse James and I are just learning how each other moves, feeling out each other's patterns. RAINS I'm losing millions of dollars and months of time while you play chess with these farmers! PINKERTON Hardly farmers. I've done some checking. All these were in the War. These men know sabotage, tactics, and have four years of bloody fighting experience behind them. They are disciplined, well-trained and have a charismatic leader. If I were to design the perfect outlaw band, this gang is what I would create. RAINS So you can't tell me anything? PINKERTON It's going to be a long winter. Rains pounds the table. MONTAGE: VARIOUS SHOTS -- THE GANG On horseback, firing back at a posse. -- THE GANG RIDES THROUGH A FIELD Where dozens of sharecroppers are sweating away. They leave a wake of twenty dollar gold certificates fluttering in the furrows and hanging in the corn. -- PINKERTON, LEADING TWENTY DETECTIVES, RIDING HARD up to a crossroad. With a wave of his hand, never stopping, he splits one group off to head East, and he and the others head West. | 
