Night Two 8.03.11 Numbered h & m Productiongd

8/12/2019 Night Two 8.03.11 Numbered h & m Productiongd

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NIGHT TWO *

ACT ONE

A woman sings an OLD HYMN --

TITLE CARD: AUGUST 1882

EXT. CHURCHYARD CEMETERY - TUG FORK, KENTUCKY - DAY1 1

Preacher Garrett before assembled McCoys and supporters...

PERACHER GARRETTSurely thou shalt slay the wicked,O God, depart from me therefore, ye

bloody men. Do not I hate themthat hate Thee, O Lord? I hatethem with perfect hatred, I count

them mine enemies --

Randall McCoy stands by Sally McCoy, her eyes filled withtears... They are surrounded by surviving children, family

and friends, all gathered about the three fresh graves --

NANCY MCCOY moves ahead of her brother JEFFERSON and pushes

through mourners until she reaches her cousin Alifair McCoy --

NANCY MCCOYSame family killed your brothers,killed my Pap. Somebody oughta do

somethin about it.

(stares at grave)

I dont see your sister.

ALIFAIR MCCOYRoseannas ailing, shes still over

at Aunt Bettys, cant travel none.

NANCY MCCOY

She lose the baby?

ALIFAIR MCCOYNo, it come. A girl. But its

sickly.


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NANCY MCCOY

Likely to perish?

ALIFAIR MCCOY

I pray not.

NANCY MCCOY

But likely to?

ALIFAIR MCCOY

Likely.

NANCY MCCOYThe babys father - Johnse Hatfield- folks are sayin he was among

them that shot your brothers.

ALIFAIR MCCOY

I pray he wasnt.

NANCY MCCOY

But likely was?

ALIFAIR MCCOY

Likely.

PREACHER GARRETT-- Tolbert, Phamer and Bud, havingbeen handled with such manifestinjustice and cruelly murdered --when they stand before the Lord Hewill wash away their sins and take

them to the promised land...

Among the mourners, a half-drunk Jefferson confides...

JEFFERSON MCCOYNancy says people forget, Hatfields

didnt just murder Tolbert n them -- they killed our Pap, too, anhonest soldier comin home from warn doin no harm. Thats another

item goes on Hatfields account --

Too loudly for the occasion - The Preacher shoots him a look.

Standing next to Jefferson, Parris pokes him to quiet down.

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JEFFERSON MCCOY (CONTD)-- which reckoning is past due.

Which bill needs collectin...

BY THE GRAVESITE -- Sally McCoy throws a handful of dirt intoher sons graves... Randall doesnt follow suit. Son Calvinpicks up earth, offers it to him. The McCoy patriarch knocks

his hand away, showers those nearby with dirt...

OUTSIDE THE CEMETERY - PERRY CLINE stands near the church,

soliciting as the mourners leave the funeral.

PERRY CLINEI am accepting donations - rewardmoney for the capture or killing of

those murderous Hatfields.

Watching some distance away...REVEAL BAD FRANK PHILLIPS.

EXT. HATFIELD FAMILY CEMETERY - WEST VIRGINIA - DAY2 2

HATFIELD LOGGERS Good Lias, Cap Hatfield, Skunkhair Wallace,FRENCH ELLIS and LARK VARNEY, dressed for work, wait by thewagon. Devil Anse walks to Cotton Top, slumped like a

mournful dog next to the grave of his father Ellison Hatfield

ANSE HATFIELD

Aint fitting you remain here.Just sittin days on end --

COTTON TOPI know hes revenged -- but I miss

my Daddy.

ANSE HATFIELDMy brother was always at the workof life. Hed not want you

lingerin about his remains --

Anse Hatfield turns and walks back toward the logging wagon --

ANSE HATFIELD (CONTD)

-- not when theres chores to do.

Another beat, then Cotton Top rises to follow his Uncle...

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EXT. TUG RIVER BRIDGE - DAY3 3

A lone rider on a powerful black steed crosses the old wooden

bridge - going from Kentucky to West Virginia --

CLOSE - Winchester across his pommel. Two pistols in shoulder

holsters. Big cold blue .44s, butts turned out...

The solitary rider is Bad Frank Phillips.

EXT. DEEP WOODS - WALLACE CABIN - WEST VIRGINIA - DUSK4 4

Small, crudely built log house. Chickens scratch in the

yard. A pig wallows. Bad Frank Phillips rides in close --

BAD FRANK PHILLIPSTOM WALLACE! SKUNKHAIR TOM WALLACE,

I GOT BUSINESS WITH YOU!

Beat. The door opens. Still dressed in his dirty logging

clothes. Skunkhair Tom Wallace comes out. Carries a rifle.

SKUNKHAIR TOM

And who might you be?

BAD FRANK PHILLIPS

Names Phillips.

SKUNKHAIR TOM

Whats your business?

BAD FRANK PHILLIPSYou got that funny streak a whitein your hair, Tom. Guess thats why

folks call you Skunkhair.

SKUNKHAIR TOM

My friends call me that.

BAD FRANK PHILLIPSNo reason we cant be friends, Tom.

Dont get testy. Im just doin...

He swings down off his horse, now holding his pistols level --

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BAD FRANK PHILLIPS (CONTD)

My job. Ya got a price on your head

SKUNKHAIR TOM

Got the wrong man, I done nothin --

BAD FRANK PHILLIPS

Kentucky courts say otherwise.

SKUNKHAIR TOMYou musta crossed over the Tug n

got lost. This heres West Virginia

BAD FRANK PHILLIPS

Im in the right place, Tom -- theMcCoy familys gettin indictments

for those that murdered their threeboys. Already posted rewards.

SKUNKHAIR TOM

What the hell... How much?

BAD FRANK PHILLIPSDont recollect exact. Couldnt bemoren two bits or so for you. But,

yknow, every little bit helps.

SKUNKHAIR TOM

You son of a bitch --

Swings the rifle -- BOOM! Shot by Bad Frank. Skunkhair

tries to level the rifle. TWO MORE SHOTS. Killing wounds.

SKUNKHAIR TOM (CONTD)

(gurgles his last)

Son of a bitch...

EXT. HATFIELD LOGGING SITE - DAY5 5

A loud donkey engine turns a huge saw blade as heavy timberis cut to size. Men load planks on mule drawn wagons. WallHatfield passes through the ever-growing logging enterprise,

finds Anse using a stump for a table to count out money.

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WALL HATFIELDHope youre puttin some of that

aside for lawyers.

Anse reacts as Wall lays out WANTED POSTERS: Five hundred

dollars each for Cap, Johnse, Good Lias, Jim Vance --

WALL HATFIELD (CONT'D)Seven hundred fifty for you, seein

as how youre the outlaw leader.

-- a crude, hand-drawn likeness of Devil Anse Hatfield.

Watching nearby, Jim Vance nudges Cap to look, and they cross

over to Wall and Anse. Cotton Top and Good Lias follow.

JIM VANCEThis bullshit from Ranl McCoy?

WALL HATFIELDA Pikeville judge is issuing theindictments. I hear Perry Clines

petitioning for extradition.

The news spreading, other loggers stop work to gather round.

GOOD LIAS HATFIELD

What in tarnation...?

Intense on the posters, Anse turns to Wall in disbelief.

ANSE HATFIELDHis chickenshit sons shoot n stabpoor Ellison til he give up theghost, and McCOY wants to prosecute

US for applyin justice?

(tosses his poster)Let that Bible-thumper try n come -

- We got plenty a bullets.

As he turns away, VARIOUS LOGGERS gather round the table toview the posters -- react to seeing their names -- $250 each.Murmurs of surprise and curses. French Ellis and his buddy

Lark Varney try to peek over the rough gathering of workers.

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LARK VARNEYAm I on there?

FRENCH ELLISIll be damn, Lark, you n me both.

Hatfield employee Selkirk McCoy (from pig trial) is shocked.

SELKIRK MCCOYThey after me too --

JIM VANCEHell, Selkirk, youre worth more toem than me, McCoy defector that

you are -- Six hundred dollars!

SELKIRK MCCOYDear God almighty...

COTTON TOPGot one for you, too, Uncle Wall.

You wasnt even at the shootin.

WALL HATFIELDI helped take custody of those boysfrom Sheriff Waller. Makes me

complicit.

ANSE HATFIELDWhered you get these posters?

WALL HATFIELDRight in the middle of Logan earlythis morning. Somebody posted em

in the dead of night.

CAP HATFIELDOne thing to put up rewards inKentucky, but whod figure theyd

cross over into West Virginie?

GOOD LIAS HATFIELDGreedy bushwhackers n bloodsuckers

by the dozens gonna come after us.

SELKIRK MCCOYWhat do we do?

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ANSE HATFIELD(tears up posters)

Git back to work. You been apprised-- Just keep a gun handy til all

this McCoy nonsense goes away.

WALL HATFIELDThe shitfall of a blood feud dont

go away. It just spurts blood.

Anse nods grimly -- He knows.

EXT. PERRY CLINES LAW OFFICE - PIKEVILLE, KY - DAY6 6

Several dangerous-looking men (young RANSOM BRAY among them)ride by or hang out near the law office. Perry nods curtly

at one or two as he and Randall McCoy head inside the door.

RANDALL MCCOY

Lot of strange faces in town.

PERRY CLINEManhunters, Randall. Here to bring

your sons killers to justice.

INT. PERRY CLINES LAW OFFICE - PIKEVILLE, KY - DAY7 7

Randall and Perry enter and sit, separated by his large desk.

PERRY CLINE

Hows Sally holding up?

RANDALL MCCOY

Poorly. How would you expect?

PERRY CLINEWomen are fortunate to enjoy

special consideration. If I curledup in a ball at every tragic turnof events, Id never get any work

done.

RANDALL MCCOYYou never lost your sons! Quit

talkin like a imbecile --

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The door opens - Bad Frank Phillips enters --

BAD FRANK PHILLIPS

Mister Cline?

PERRY CLINENot now. We are busy here.

BAD FRANK PHILLIPSNot too busy to pay the two hundred

fifty dollars bounty owed me --

He forages in a dirty canvas sack he carries, produces

Skunkhairs distinctive white-striped scalp.

BAD FRANK PHILLIPS (CONTD)

-- on Mr. Skunkhair Tom Wallace --(drops scalp on desk)

Should I abrung his ears too?

RANDALL MCCOY

Put that abomination away.

BAD FRANK PHILLIPS

(re-stows scalp in bag)

Im owed the bounty.

PERRY CLINE

(looks to Randall)

There were no conditions imposed.

RANDALL MCCOYWe are not savages. It is our duty

to bring the savages in to justice.

Perry counts out currency for Bad Frank Phillips --

PERRY CLINEAvoiding unnecessary wear and tear

on their corpses.

BAD FRANK PHILLIPSNeeded to get outta West Virginiequick -- Couldnt strain my horse

atotin the whole body.

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RANDALL MCCOY

Whats your name?

BAD FRANK PHILLIPS

(accepts, stows money)

Frank Phillips.

PERRY CLINE

You the one they call Bad Frank?

BAD FRANK PHILLIPS

Not to my face. And not twice.

RANDALL MCCOYDont come back for more rewardmoney, Mr. Phillips. I will not

sanction or be a party to atrocity.

PERRY CLINEAny event, we got our indictmentsand will soon be sending DEPUTIESacross the Tug. No doubt they will

take care of things just fine.

EXT. DEEP WOODS - WALLACE CABIN - NIGHT8 8

Light visible from within...

CAP HATFIELD (O.C.)

Scalped, like Injuns done it --

INT. WALLACE CABIN - NIGHT9 9

A scalped Skunkhair sprawls across a table -- Candles and

fireplace burn. Anse, Cap, Good Lias, and Jim Vance react.

CAP HATFIELD

My best friend since wes kids.

He turns away, stifling emotion. Jim Vance puts a hand on

his shoulder, but Cap stalks on out, SLAMS door.

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JIM VANCEMcCoy done this as sure as if he

done the cuttin hisself.

ANSE HATFIELDGather the men and let em know --

Stock up on supplies n ammunition.Set up lookouts along the Tug,patrol every hilltop in the county.

Well not be caught unawares again.

He covers the body, they gather Skunkhairs guns and ammo.

GOOD LIAS HATFIELDNobody knows these mountains like

we do, thats for damn sure.

ANSE HATFIELDAnymore sonsabitches come triflewith us, we take their hides or

track em to hell.

EXT. AUNT BETTYS HOUSE - STRINGTOWN, KENTUCKY - DAY10 10

In a new jacket and his silver stud boots, Johnse hitches hishorse to the rail. A parlor curtain moves, Aunt Betty peersout -- Johnse sips from a pint -- Picks a handful of flowers

en route to the door -- On his knock, it immediately opens.

JOHNSE HATFIELDLike to see Roseanna. See our baby.

AUNT BETTY BLANKENSHIPEven if she werent too sickly,shed not want to see the murderers

of her brothers.

JOHNSE HATFIELDI didnt murder em. I raised myrifle. I shot over their heads. You

can ask Alex Messer.

AUNT BETTY BLANKENSHIPNot only are you a pagan killer,

youre a drunk.

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JOHNSE HATFIELDI built a cabin for me and Roseannaand the baby to live at -- a realnice one, with an oil paper window,

set off where no onell bother us.

AUNT BETTY BLANKENSHIPYou built a cabin for your whiskeybusiness and to consort with whores

-- go away and dont come back.

JOHNSE HATFIELDI took a chance comin here. Theygot a reward out for me. Mans got

a right to see his own child.

AUNT BETTY BLANKENSHIP

Youve got no rights here. Getyourself off my porch and gone.

Johnse sadly starts away, turns to offer the flowers.

JOHNSE HATFIELD

Will you give her these?

AUNT BETTY BLANKENSHIPI will not give her flowers from amiserable no account like you,

especially ones I planted myself.

She shuts the door. Johnse inhales the scent of the flowers.

JOHNSE HATFIELD

IM TELLIN YA, I GOT MY RIGHTS!

No response. He stows the flowers in a coat pocket, moves on.

UPSTAIRS WINDOW - ROSEANNA

She watches as Johnse mounts his horse and rides off.

EXT. COUNRY ROAD - APPALACHIAN MOUNTAINS - DAY11 11

Three hard men, BOUNTY HUNTERS we recognize from hanging

around Perry Clines office, ride down the wooded path.

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A lone horsemen gallops toward them, coming fast --

BOUNTY HUNTER

Identify yourself!

The lone rider keeps approaching. The bounty huntersdismount, level their rifles --

BOUNTY HUNTER (CONT'D)

I said, IDENTIFY YOURSELF!

Suddenly, a HAIL OF GUNFIRE from above, in the trees and allaround them as the three bounty hunters dance to the rhythm

of O.S. bullets before any one of them gets off a shot --

JIM VANCE, CAP, GOOD LIAS, FLOYD HATFIELD ride out from both

sides -- FRENCH ELLIS and LARK VARNEY climb down from trees.

We now see that the approaching lone rider is Devil Anse.

JIM VANCEBounty hunters. Lowest a man can

sink to make a livin.

ANSE HATFIELDCap, git your paper n quill. Time

to put Randall McCoy on notice.

EXT. STREET - PIKEVILLE, KENTUCKY - DAY12 12

On the veranda of the Pikeville Hotel with his feet propped

on the rail, Bad Frank Phillips whittles a stick and watches:

RANDALL McCOY & PERRY CLINE exit Clines office, head down

the street. Randalls amazed by a letter he carries --

RANDALL MCCOY

Hardly seems possible, fromGovernor Simon Buckner himself --Says he wrote West VirginiasGovernor demanding extradition for

the Hatfield fugitives.

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PERRY CLINETold you -- I raised substantial

contributions for Simons campaign.

A small crowd follows a giant of a man in a ten gallon hatriding slowly down the street on what seems too small a horse

for his size -- He leads a trio of horses with the three deadbounty hunters tied across their backs, stops by Perry Cline.

Meet CAT MILLER, an imposing Texan with a cocksure stare --

CAT MILLERFound the horses ground-tied a fewmiles outta town. Figured Id

bring em in for the Sheriff.

Cat Miller indicates one of the three dead bodies --

CAT MILLER (CONT'D)Letter pinned on theres addressed

to Lawyer Cline and you, Mr. McCoy.

He tips his hat to Randall as Perry unpins the letter, reads:

PERRY CLINEMy name is Nat Hatfield. I am not

one individual but many This is --(anxious look up)

-- as good as a confession -- Wehereby notify you that if youinvade our state to take or kill

Hatfields we will charge it to you(another look, shaken)

-- meaning us personally -- Your

hide will pay the penalty.

RANDALL MCCOYDevil Anse Hatfield is threatenin

to kill us. We got it in writing.

CAT MILLERMr. McCoy, Lawyer Cline, my name is

Cat Miller, late of El Paso, Texaswhere I was a deputy Town Marshall.I would like to assure you that all

your troubles are near an end.

Randall McCoy stares skeptically. Perry jumps in.

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PERRY CLINEAll the way from Texas -- Whered

you hear about our troubles?

CAT MILLERRead stories passin thru Frankfurt

then I saw your advertizment inthe Louisville Gazette.

PERRY CLINEAppreciate your help, Mr. Miller.

Cat Miller tips his hat again and rides on with the three

dead men toward the Sheriffs office. Perry Cline notices --

BAD FRANK PHILLIPS -- across the street, watching them. The

laconic ex-Pinkerton smirks at Perry and pulls his hat down.

INT. MATES CREEK TAVERN - NIGHT13 13

Kate Schoonovers all over Johnse, whos trying to drink atthe bar. She kisses on him and rubs his crotch until Johnse

pushes her off and staggers out the door. She crosses to --

A NEARBY TABLE -- Kate joins Jim Vance and Cotton Top.

KATE SCHOONOVERI love Johnse Hatfield so much --

Why cant he see that?

COTTON TOP

On account of youre a whore.

KATE SCHOONOVER

Bettern some McCoy bitch!

Cap Hatfield returns with a bottle from the bar --

Passes a stranger seated alone in a corner...

CAT MILLER -- He surreptitiously takes a wanted poster from

his coat. Compares the rendered likeness to Cap Hatfield...

JIM VANCELeave the whiskey and say that

nature calls.

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Jim Vance, with lowered eyes, watches Cat Miller across the

way. Cap Hatfield sets down the bottle --

CAP HATFIELD

Im gonna water the old oak tree.

He heads out the back. Jim Vance seems not to notice the big

bounty hunter slide off his stool to follow Cap...

EXT. REAR OF MATES CREEK TAVERN - NIGHT14 14

Cap stands urinating on an oak tree. HEARS a hammer CLICK.

CAT MILLER

William Cap Hatfield?

He holds a cocked .44 revolver -- Cap raises his hands,

continues pissing as he turns around to face Cat Miller.

CAT MILLER (CONT'D)Button your dick, ya vulgar bastard- Im arresting you for the murders

of Tolbert, Phamer, and Bud McCoy.

Cap grins -- Millers SMACKED on the head from behind. As he

falls to the ground, see Jim Vance holding an axe handle --

EXT. MAIN STREET - PIKEVILLE, KY - MORNING15 15

Perry Cline picks his way down the boardwalk. In the doorwayto his office -- A large man sits upright, hat pulled down

over his face, apparently unconscious: Cat Miller.

PERRY CLINE

Miller! You oaf, wake up!

The man doesnt move. Reluctant to touch, Perry heels Millerin the guts with a polished shoe. Causing the corpse to emit

purging blood and bile -- The body falls sideways.

Perry gasps -- Passersby stop in the street to see the dead

body. Among them, Bad Frank Phillips cant help but smile...

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BAD FRANK PHILLIPSAnother one a your deputies

thats gonna fix things for ya?

EXT. JOHNSES STILL - DEEP WOODS - DAY16 16

Johnse works to get the boiler up to steam -- adjusting thedrip. THREE ARMED GUARDS on horseback (Cotton Top, LarkVarney and French Ellis) lead Nancy up in her buckwagon.

Johnse barely reacts as Nancy steps down and moves to him.

COTTON TOPGot a payin customer for ya.

Cotton Top, Lark Varney and French Ellis ride off.

NANCY MCCOYEasier to see President Chester A.Arthur than to pass thru these

woods to buy your shine.

JOHNSE HATFIELDGotta keep a watch for yourfamilys bounty men, what with em

tryin ta murder us in our sleep.(pauses in his work)

Whatre you here for, Nancy?

NANCY MCCOYPurchasin whiskey for my brothersbirthday -- though I did hear you

paid a visit at Aunt Bettys.

JOHNSE HATFIELDDont much like Aunt Betty.

NANCY MCCOYWhen you gonna stop tryin to win

over my relations?

JOHNSE HATFIELDOnly one I care about - Your cousin

Roseanna - Mother a my baby.

Moves away from the still. Sits on a nearby stump.

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NANCY MCCOYLittle Sarah Elizabeth is frail andailing and sos Roseanna -- Folksexpect the child wont live much

longer - I am truly sorry, Johnse.

Johnse buries his face in his hands. Nancy sits next to him.

NANCY MCCOY (CONTD)Without the baby, I fear youlllose Roseanna, too. After allwhats happened, dont seem like

she wants you anymore.

JOHNSEWhat am I supposed to do?

Nancy takes one of his hands in both of hers, brings it to

her lips, gently kisses it, caresses his cheek --

NANCY MCCOYYou dont deserve all these hard

times, Johnse. You truly dont.

Suddenly, the inconsolable Johnse feels consoled. Nancy

presses her body against him and wraps her arms around him.

INT. BAR - BACK OF DRYGOODS STORE - PIKEVILLE, KY - DAY17 17

Squirrel Huntin Sam and Parris McCoy at the rail, whereParris has picked up a mailed package. He tosses Sam a Sears

catalog, and his brother reads the caption on the open page:

SQUIRREL HUNTIN SAM

A tele-scop --

PARRIS MCCOY

(opening the box)Telescope, for a gun. Latest thing.

Shoot a target at a hunnert yards.Makes it same as twenty-five yards.

SQUIRREL HUNTIN SAMYou ajoshin me? Hard to miss at

twenty-five yards.

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PARRIS MCCOYYep. Ordered it near six months

ago -- jest arrived by stagecoach.

He withdraws it from the box, a shiny new TELESCOPIC SITE for

a rifle. Sam gapes, in awe of this technological marvel.

SQUIRREL HUNTIN SAMThat is one fine purchase.

PARRIS MCCOYFigure to use it on ole Devil Anse.

SQUIRREL HUNTIN SAMHow you gonna find him?

PARRIS MCCOYGo up in those east hills above his

saw mill in the dark a night. Laylow there a few days. He bound ta

show up sometime.

SQUIRREL HUNTIN SAMUsin that tele-scop gun, Hatfield

guards wont do him no good.

PARRIS MCCOYYep. This time I aint gonna miss.

EXT. WOODED HILLSIDE - ABOVE HATFIELD SAWMILL - DAY18 18

Parris McCoy lies in a rock-strewn wooded area - a perfectcover. Its a direct view of the logging operation below.Squirrel Huntin Sam looks through his brothers Sears

catalog scope which has been separated from a nearby rifle.

Awakening from a nap, Parris drinks from a battered canteen,chews some jerky, possessively takes his scope away from his

brother Sam and scans the scene below --

PARRIS POV - Several Hatfield workers talk near the big saw,a couple with their backs turned...

PARRIS - looks again through the telescope --

PARRIS POV - One of the men turns -- Devil Anse Hatfield.

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PARRIS - He scrambles, attaches the scope to his big

Remington .44-40...checks through the site --

SQUIRREL HUNTIN SAMYou see him?

PARRIS MCCOY(hushed, urgent)

Shhh! Get behind those rocks and

stay quiet. Dont even breathe.

Sam does as ordered; Parris holds a breath to steady himself:

POV - Anse in the crosshairs, this time Parris cant miss.

PARRIS adjusts his position, starts to squeeze the trigger --

BOOM! Parris is shot through the neck, a cascade of blood as

hes instantly killed, the telescopic rifle dropped.

SQUIRREL HUNTIN SAM -- Horrified! Splattered with hisbrothers blood, Sam darts panicked looks around for theunseen killer, scampering backwards down the mountain as moreGUNSHOTS kick up dust around him - the shooter nowhere in

view. Tearing O.S., Sam wails back at his dead brother --

SQUIRREL HUNTIN SAMOh, GOD, PARRIS! GOD-OH-GOD-OH-GOD!

BELOW - AT THE SAWMILL

GUARDS SURROUND ANSE, anxiously look around for the shooter,

HILLSIDE - ACROSS THE WAY

Cap and Jim Vance wave their rifles, shout to those below --

JIM VANCEANSE! I BELIEVE WE GOT OURSELVES A

REAL McCOY! CAP SHOT HIM DEAD!(pats Cap on back)

You saved your Pappy. Im proud ayou, son.

INT. MCCOY FARMHOUSE - NIGHT19 19

A more solemn household than ever - Dinner a sad, disjointedaffair.

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Calvin remains at the table as his brother Jim McCoy headsoff outside. Alifair and the younger children clean up while

Perry and Randall leave the table for the family room.

ALIFAIR MCCOY

Mama, you sure you wont eat some?

Through the open door, McCoy matriarch Sally can be seen in a

rocking chair on the porch, looking off into the night.

SALLY MCCOY

No thank-you sweetheart. Im fine.

Randall glances with concern at Sally, steps away with Perry.

When theyre alone, his repressed tension comes in a torrent:

PERRY CLINEYour nephew Parris has been killed.Its time we do something, Randall.More detectives and family coming

back dead every week.

RANDALL MCCOYWhat happened to Parris brother

Squirrel Huntin Sam?

PERRY CLINEWhen last seen, he was high-tailingit westward, hellbent-for-leather

without a glance back.

(sucks in a breath)Our citizenry have been mightygenerous donating to our rewardfund, but it all goes to nothing

without a man equal to the task.

RANDALL MCCOY

(distracted)Poor Parris...Any further word from

Governor Buckner about extradition?

PERRY CLINEIts still in process. You need tohear me on this, Randall. We cantkeep poking a mad bear with a twig -it only makes him madder. We needa big stick!

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The only success weve had incapturing any of our fugitives was

with Bad Frank --

MCCOYI dont like the man. This need belegal and right in the eyes of God.

Phillips is a blasphemous savage.

PERRY CLINEJust meet with him! We stand to

benefit from his services.

Randall reacts to Sally in the doorway, eyes hard on Perry.

SALLY MCCOYCan this big tough man, this Bad

Frank Phillips bring my boys back?

EXT. MAIN STREET - LOGAN, WEST VIRGINIA - DAY20 20

Johnse drives a wagon up to his uncles Justice of the Peace

office, Nancy beside him, her brother Jefferson in the back.

INT. WALLS OFFICE - WEST VIRGINIA - DAY21 21

Judge Wall can hardly believe what Johnse just asked him --

WALL HATFIELDJesus H. Christ on a crutch! Yougone plumb crazy? What about the

McCoy woman you already knocked up?

JOHNSE HATFIELDThats a sad chapter. It seemsover with Roseanna, though not bymy choosin. Its different with

Nancy. Theres no one opposed.

WALL HATFIELD

Do your ma and pa know?

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PERRY CLI NE ( CONT' D)


23/128

JOHNSE HATFIELDI aint askin this time. PleaseUncle Wall -- Me marryin a McCoycan help end all this dyin tween

our families

WIPE TO -- SHORT TIME LATER -- A grim Wall marries Johnse22 22Hatfield and Nancy McCoy -- In b.g. Jefferson sneaks a drink.

WALL HATFIELD... by the power invested in me bythe state of West Virginia, I now

pronounce you man and wife.

Johnse holds Nancys hand, Wall turns to a sullen, half-drunk

Jefferson McCoy and offers a marriage certificate --

WALL HATFIELD (CONTD)Sign here as witness.

JEFFERSON MCCOY(irritated aside)

Sure you wanna do this, Sis?

She elbows him. He winces. Wall looks at Nancy --

WALL HATFIELDSmile, little lady, its your

wedding day.

She produces something resembling a smile -- her brother

glowering. Johnse, oblivious to his brides darker emotions:

JOHNSE HATFIELDMan and wife now - I expect no more

trouble between us. Not ever.

INT. BARN DANCE - NIGHT23 23

MUSICIANS - on fiddle, banjo, spoons - produce a lively tune.

Energetic CLOG DANCERS stir up dust from wooden planks laidacross the floor -- MOVE PAST the revelers and UP TO --

A HIGH WINDOW through which we witness a FLURRY OF VIOLENTACTION outside - a brutal knife fight between Nancys brother

drunken Jefferson McCoy and a postman named FRED WOLFORD --

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THE FIGHT ends with a thrust of Jeffersons KNIFE STABBED

into Wolfords stomach, then a GUNSHOT finishes him off --

END ACT ONE

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26/128

JEFFERSON MCCOYCaint let me hang, Sis, not for nofight I caint remembers cause Iwas drunk, n feels terrible about

poor Fred Wolford.

JOHNSE HATFIELDFred Wolford, the mailman?

JEFFERSON MCCOYWe was at a barn dance. Drinkin,arguin, went out back n commencedto scuffle. I gave him a cuttin...he tried to shoot ME, so I wrenchedhis hand around n made him shoothis-own-damn-self. He died nextmornin. Now theyre all alookin

for me, got a reward up --

JOHNSE HATFIELDWell give you food and some money,

you can spend the night.

NANCY MCCOY

Youre safe here, Jefferson.

JOHNSE HATFIELD

-- for the night.

NANCY MCCOY-- for as long Im here.

Johnse glares at Nancy, who seems not to notice.

INT. PERRY CLINES OFFICE - PIKEVILLE, KY - DAY26 26

Perry Cline at his desk. Randall stands off to the side, too

agitated to sit as Bad Frank Phillips enters, takes a seat.

PERRY CLINE

Mr. Phillips. Good to see you.

BAD FRANK PHILLIPS

Equally good to see the two of you.

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PERRY CLINEI suspect you know why I called

this meeting here this morning.

BAD FRANK PHILLIPSYoure lookin for someone to lead

a posse across the river, and Imthe only gun handler around here

whos man enough for the job.

RANDALL MCCOYAwful full of yourself, aint ya?

Bad Frank turns to Randall -- Respectfully...

BAD FRANK PHILLIPSI wouldnt call it that. I wastedsome years of my misspent youth

aridin with Jesse and Frank andonce got to witness Wild Bill kill

a man, so I seen better than me --(allows a smile)

Though not many. And I cant help

but see what ya got to choose from.

PERRY CLINEI...didnt realize that you, uh,had once been an outlaw.

Perry fidgets, avoiding Randalls judgemental look. Frank,

however, stares straight into the religious McCoys eyes --

BAD FRANK PHILLIPSThat, of course, was before I wassaved -- long prior to my beinwashed clean of sin by the blood of

our Lord and Savior Jesus Christ.

Randall assesses his demeanor -- Bad Frank doesnt flinch.

RANDALL MCCOYYou sure dont act Christian.

BAD FRANK PHILLIPSI am a warrior for God, Mr. McCoy.A fighter of evil -- Right n ready

to take on your demon murderers.

PERRY CLINEI heard you were a Pinkerton man.

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BAD FRANK PHILLIPSI was - til I got shot in the back

by Hatfields, left me with my limp.(looks back at Randall)

Another reason that warrants myhiring: I bear Devil Anse Hatfield

and all his kin a personal grudge.

Perry Cline smiles, looks at Randall...who nods his approval.

EXT. HATFIELD HOME - DAY27 27

Anses army of workers fortify the house with an extra log

barricade. Wall stands beside his horse, delivering news.

LEVICY HATIFELD

Thought we saved Johnse from theMcCoys. Now its Harmons daughter?

ANSE HATFIELDIf hes lookin to be lost to us,

this time he may have succeeded.

WALL HATFIELDHe thinks itll make peace between

you and Randall.

ANSE HATFIELD

How could a son of mine turn out sogoddamn dumb?

Anse shakes his head. Wall changes the subject re: the work.

WALL HATFIELDNo matter how you fortify it, Ifear this place is far too close to

the Tug and exposed to attack.

Carrying his rifle, Jim Vance climbs down from a new, crudely-

constructed watchtower, joining Anse, Levicy, and Wall.

JIM VANCEAw, I think we sent a notion or twoback to Kentucky as to how we deal

with worthless bounty hunters.

Wall climbs up on his horse. Cap crosses to see him off.

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CAP HATFIELDAs long as that peckerwood shysterPerry Cline finds money to pay em,

theyre gonna keep acomin.

LEVICY HATIFELD

Like barn rats -- bash one at thefront door, six more come in back.

WALL HATFIELDStill say you oughta move deeper in

the mountains, Anse. Be safe.

ANSE HATFIELDIll take it under advisement, Wall-- Thanks for stoppin by with the

news. Cap, escort him back.

CAP HATFIELD(getting his horse)

Lark, French, Cotton, lets go!

The men put down their tools, pick up their guns and mount

horses to ride out of the valley with Cap to accompany Wall.

ANSE HATFIELDAfter you deliver Wall, go fetchyour brother -- and he better not

bring that hussy with him!

INT. BEDROOM - AUNT BETTYS HOUSE - DAY28 28

Roseanna tends to her baby daughter, sleeping in a crib. Theinfant is tiny, skin sallow. Roseanna moves to the vanity,stares at herself in the mirror. Touches her pale cheeks and

dark circles under her eyes. Aunt Betty comes in. Quietly --

ROSEANNA MCCOYI dont look like the girl JohnseHatfield romanced no more. Will he

still want me, lookin like this?

AUNT BETTYToo late to worry about that. Ididnt want to stir the pot, buthere it is...Johnse got himself

married - to your cousin Nancy.

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Roseanna cant process this news. She doesnt react.

AUNT BETTY (CONTD)

Did you hear me?

ROSEANNA MCCOY(barely audible)

No.

AUNT BETTY

Johnse Hatfield --

Roseanna covers her ears.

AUNT BETTY (CONTD)

-- married Nancy McCoy.

ROSEANNA MCCOY2

I cant hear you, go away.

INT. DINING AREA - HATFIELD FARMHOUSE - NIGHT29 29

A war council -- Anse, Jim Vance, Good Lias, Wall at the

table, helping themselves to a large cut of smokehouse ham.

ANSE HATFIELDI didnt start this fight, but, by

God, I will finish it.

GOOD LIAS HATFIELDNow Ranl wants his Governor tomake OUR Governor arrest n cart us

over to a Kentucky jail?!

WALL HATFIELDExtradition. I dont believe our

Governor Wilsonll agree to it.

JIM VANCEYeah, ole Windy Wilson dont much

like folks tellin him what to do.

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ANSE HATFIELDWell I got my own ace in this pokergame. My friend John Floyd works

with Windy at the Capital now --

WALL HATFIELD

The new Secretary of State? Didntrealize it was the same John Floyd.

Levicy enters with food, reacts to O.C. HORSES arriving.

LEVICY HATIFELDThatd be Cap and Johnse.

ANSE HATFIELD

How do we handl e thi s boy, Vi cy?

LEVI CY HATFI ELDNot by pushi n hi m and pul l i n hi m.

That s what drove hi m i nto t he arms

of anot her McCoy.

ANSE HATFI ELD(a look at Wall)

My br other s t he sonof abi t ch who

t i ed t hei r knot .

WALL HATFI ELD

Rel uct ant l y. Ver y r el uct ant l y.

Cap and J ohnse sl amt hr ough t he f r ont door . Wi t hout a word

or hel l o, J ohnse begi ns t o EAT.

WALL HATFIELD (CONT'D)Hows the married man?

JOHNSE HATFIELDFine, Uncle Wall, Im fine.

GOOD LIAS HATFIELDMarriage suits you then?

JOHNSE HATFIELDRight down to the ground.

Continues to bolt down his food. Jim Vance grins.

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JIM VANCEYour new McCoy must be a sorry-asscook -- Choosin a ham supper over

a comely bride...

JOHNSE HATFIELD

Shes not a McCoy anymore. SHESHATFIELD. Mrs. Johnse Hatfield.

CAP HATFIELDHatfield aint just a name on a

piece a paper.

JIM VANCEHows she handle? You happy n

all? Mean to keep her?

JOHNSE HATFIELDThats why I married her!

ANSE HATFIELDDont expect to bring her aroundhere like the last one. Things get

spoke that aint for McCoy ears.

JOHNSE HATFIELDI DIDNT BRING HER, DID I?

LEVICY HATIFELD

(SLAPS back of his head)Dont sass your father, boy! Theseare serious times. One day your

horndog philanderinll get you shot

JOHNSE HATFIELDPlease, Ma. I get enough grief athome. Truth be told, I needed toget away for a bit. It aint her -Nancy treats me good enough, evenrepaired pants I thought was wornpast savin. Its her damn brother

turnin my honeymoon into misery.

GOOD LIAS HATFIELDJefferson? I heard he gave the

Logan mailman a cuttin.

JOHNSE HATFIELDShot him dead after the cuttin.

Theres a reward up.

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ANSE HATFIELDYou harborin a McCoy with a price

on his head?

JOHNSE HATFIELDNancy says its only for awhile.

Says its her duty to protect him.

JIM VANCELoyal sis. How much is the reward?

Casually as he passes the potatoes. Johnse shrugs.

JOHNSE HATFIELDI dunno. Hunnert dollars, I guess.

He dips out more potatoes. Levicy gives Anse a look. He

picks up his wifes cue, leans back, a more expansive mood.

ANSE HATFIELDAint been bear huntin in a spell.

Johnse, you up ta goin with me?

LEVICY HATIFELDThatd be nice -- Git a big ole fur

rug for your new bridal chambers.

Johnse shrugs, eating. Cap and Jim Vance exchange looks.

JOHNSE HATFIELDMight as well. Bettern watchinmy layabout brother-in-law drink up

all my whiskey profits.

EXT. JOHNSE HATFIELDS CABIN - DAY30 30

Bleary, half-dressed Jefferson McCoy crosses to some bushes --Looks around, stoops to lift a board, from beneath which heremoves a hidden gallon jug of whiskey. Pulling the cork, as

he drinks he SEES TWO HORSEMEN standing their mounts nearby --

Jim Vance puffs, then pulls the pipe from his mouth --

JIM VANCE

I believe thats Jefferson McCoy.

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CAP HATFIELDReckon so...

JEFFERSON MCCOYWhos sayin that?

Jim Vance and Cap Hatfield move their horses forward,accompanied by Jim Vances beribboned, perfumed dog --

JIM VANCEMe -- Johnse Hatfields uncle Jim

Vance and his little brother, Cap.

JEFFERSON MCCOYWheres Johnse?

JIM VANCEOut huntin with his Pa.

JEFFERSON MCCOYSo...whatcha doin here?

JIM VANCEHavin a smoke, huntin ourselves.

JEFFERSON MCCOYNot much to hunt around here. Place

is all shot out a deer n such.

CAP HATFIELDLotsa other critters out here.

JIM VANCEWe even hear a killers close by

with a reward out for his capture.

Cap holds his revolver, cocks it. Jeffersons eyes go wide.

INT. JOHNSE HATFIELDS CABIN - DAY (CONTINUOUS)31 31

JEFFERSON MCCOY (O.C.)NANCY!

Washing at a basin, Nancy sees the men thru an open window;

grabs a dried cows tail quirt from the wall and dashes out --

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EXT. JOHNSE HATFIELDS CABIN - DAY (CONTINUOUS)32 32

Caps tying up Jefferson as a half-dressed Nancy charges out.

NANCY MCCOYWhatre you doing with my brother?

CAP HATFIELDTakin him in custody. Hes a

wanted desperado.

JIM VANCEYou go on back in the cabin, Miz

McCoy -- Git dressed proper.

NANCY MCCOYLet him go, you ole coot!

JEFFERSON MCCOYNancy?! You gotta do somethin --

Theyre gonna take me in --

Jim Vance hops down off his horse...

JIM VANCEWhat the hells she gonna do?

Nancy McCoy swings the cows tail quirt at Jim Vances head.Whips him twice -- He grabs her wrist -- She spits in hisface. He rips the quirt away from her -- Now lays the lash to

Nancy... Knocks her to the ground, continues beating her --

CAP HATFIELDThats enough, Uncle Jim --

JEFFERSON MCCOY(struggling in Caps grip)

Git up, Nancy! Dont let him do

that to you! GIT OFFA HER, VANCE!

Horses rear, Jim Vances dog barks as Nancy McCoys flimsy

nightdress RIPS from the lashing. Aroused, Jim Vance man-handless her, prelude to a rape -- He knocks her insensible

...exposed -- Cap pushes his great-uncle back --

Cap HATFIELDSTOP IT, JIM!

Let go, Jefferson McCoy dashes away in the confusion --

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JEFFERSON MCCOY (CONTD)GO AHEAD SHOOT, YOU FOG-EYED HALF-BLIND BASTARD! HERE I AM! YOU ONE-

EYED APE, ITS HALF A MILE!

His voice echoes Half-a-mile-half-a-mile! Jefferson gives

them the finger -- BOOM! Cap fires, the SHOT ECHOES. Wispsof smoke drift from the rifle barrel...

JIM VANCE

Hes too far.

CAP HATFIELD

Nope. I got him.

Jim Vance looks again across the river at Jefferson McCoy.

The distant figure hangs suspended in mid-obscene gesture,then topples backwards into the Tug -- His corpse spins

downstream, blood darkening the water in a widening stream...

A bullet hole in Jeffersons forehead -- Dead center.

JIM VANCE

By God...a hole in the head.

EXT. JOHNSE HATFIELDS CABIN - DAY36 36

Johnse rides up at a full gallop, jumps off, carelessly

hitches his lathered horse, rushes into --

INT. JOHNSE HATFIELDS CABIN - DAY37 37

Nancy sits on the floor, back to the wall -- clothes torn,

face battered, half-empty bottle of whisky next to her....

JOHNSE HATFIELDSomebody bashed you --

NANCY MCCOY HATFIELDJim Vance beat me, did disgustingthings to me. Him and Cap took mybrother away... Tell me true, you

have anything to do with it?

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JOHNSE HATFIELD

I swear I didnt. I swear.

NANCY MCCOY HATFIELD

Go after them, get Jefferson back --

JOHNSE HATFIELD

I cant. Its already played out.I seen my brother Cap on the road.Your brother tried to run, Cap had

to shoot him. Jeffersons killed.

NANCY MCCOY HATFIELD

(beginning to sob)Now I got no one. No one. Mydaddys long dead, my mas dead --

Now my brothers dead --

JOHNSE HATFIELD

You got me. You still got me.

Tears streaming, Nancy shrieks, beats his chest with herfists. Johnse grabs her hands, holds tight -- but then lets

go, allowing his hysterical wife to continue beating on him --

END ACT TWO

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ACT THREE

INT. LOBBY - PIKEVILLE HOTEL - PIKEVILLE, KY - DAY38 38

Bad Frank Phillips sits at a card table. Before him, a lineof men aged fifteen to seventy, merchants, laborers, drunks --

BAD FRANK PHILLIPS

Why you wanna be on the posse?

FARMER VOLUNTEER

I dont like Hatfields.

BAD FRANK PHILLIPS

Were you in the army?

FARMER VOLUNTEERTried to enlist, both sides, there

was something awry with my genitals

BAD FRANK PHILLIPS

Prevent you from ridin a horse?

FARMER VOLUNTEERNot anymore. And Im a fine shot.

Can hit a rats ass at forty yards.

BAD FRANK PHILLIPSLeave word where to find you when

it comes to that. Next.

Young Ransom Bray steps up next, straight and tall.

RANSOM BRAYMr. Phillips, I aint here to justjoin a posse. I want to be your

personal deputy. I work hard n --

BAD FRANK PHILLIPS

(over, by rote)

Any law enforcement experience?

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RANSOM BRAYI want to learn the occupation,cause I know Id be good at it. I

wont give you any guff and --

He sees that Bad Franks bored, ready to call the next man.

RANSOM BRAY (CONT'D)-- and if you take me on, Ill even

split my wages with you.

BAD FRANK PHILLIPS(looks up, now interested)

Well, sir. Let me speak to Mr.

Cline and Mr. McCoy about you...

A DESK CLERK approaches, whispers into Bad Franks ear.

BAD FRANK PHILLIPS (CONT'D)Gentlemen, Ill be back shortly.

INT. HOTEL ROOM - PIKEVILLE HOTEL - DAY39 39

The door opens, Bad Frank Phillips enters, looks past --

BAD FRANK PHILLIPSMan downstairs said you had

something to tell me.

REVEAL Nancy McCoy, her recent injuries still in evidence --

NANCY MCCOYHow would you like to know where tofind Selkirk McCoy, the traitor who

shot his own kin?

BAD FRANK PHILLIPSWhat would you want in return?

NANCY MCCOY

You to kill Jim Vance -- the manwho done this to my face, worsen

that he killed my brother n Pap.

BAD FRANK PHILLIPSJim Vance is on the list. Sooner

or later I will get every damn one.

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NANCY MCCOYNot get him, kill him. You candemonstrate how capable you are onSelkirk McCoy -- Hes workin in

Beckley, usin a fake name.

BAD FRANK PHILLIPSWant me to kill him, too?

NANCY MCCOYMakes no nevermind to me. Its Jim

Vance I hate. Only one request --Leave Johnse Hatfield be, for now

He studies her -- as a woman -- appreciatively.

EXT. REAR OF DRY GOODS STORE - LOGAN, WEST VIRGINIA - DAWN40 40

A wagon is parked outside, the canvas lifted to expose anumber of gallon jugs. Coming from the back of the store,

Selkirk McCoy and a TEAMSTER carry empties to the wagon --

VOICESelkirk McCoy? The kin killer.

Yessir -- I believe thats you...

Bad Frank and Ransom Bray step from shadows, guns leveled.

SELKIRK MCCOY

You got me wrong. Names Bidwell.

BAD FRANK PHILLIPSStop the horseshit. Youre Selkirk

McCoy and we damn well know it.

The Teamster comes around the wagon, raises a pistol --

Bad Frank FIRES -- Ransom Bray follows his new mentors lead,BLASTS AWAY -- The Teamster flies backwagons into the wagon,

slides to the ground dead. Selkirk raises his hands quickly.

SELKIRK MCCOYDont kill me! I give up, I give

up! You got me, dead to rights --

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BAD FRANK PHILLIPSA man whod shoot his own cousins --I dont expect hell let himself be

taken alive -- Make your play.

SELKIRK MCCOY

Aint wearin no gun, my hands up!

BAD FRANK PHILLIPSI wont deny a man his right todefend himself. Ill count five and

you go for it. One, two, three --

A stock boy, AARON, stands where he can see both men.

SELKIRKAaron! Tell him Im surrendered!

AARONHe dont have a gun, mister...

SELKIRKIm gettin down on the ground --

(as he does so)-- helpless and surrendered!

Ransom Bray looks for a cue from Bad Frank who cocks his gun.

SELKIRK MCCOYTheres a witness right there! He

knows Im givin myself up!

BAD FRANK PHILLIPSReal life Judas Iscariot...

AARONDont do it, Mister! Aint right.

BAD FRANK PHILLIPS(beat, smiles at Aaron)

Maybe youre right. Maybe he aint

worth the price of a bullet.

AARONYou gonna take him to the jail?

BAD FRANK PHILLIPSGuess Ill have to try. Pray he

dont try to murder me on the way.

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EXT. MATES CREEK TAVERN - WEST VIRGINIA - NIGHT41 41

The Hatfield hangout seen before, populated by its regulars

drinking, card-playing, etc. Whats new...

ARMED GUARDS at every window and door, several outside as

well from the mountaineer YIPS and BIRD CALLS signallinganother arrival. O.C. POUNDING jars the tranquil scene --

JOHNSE HATFIELD (O.C.)ITS ME, JOHNSE!

OUTSIDE GUARD (O.C.)Hes alone.

ANOTHER VOICE (O.C.)Comin in --

The guard starts to turn the doorknob...gets KNOCKED on hisheels when the DOOR BANGS OPEN and JOHNSE STORMS IN --

I NT. MATES CREEK TAVERN - WEST VI RGI NI A - NI GHT42 42

Drunker than weve ever seen him, Johnse stomps straight to

Jim Vances table, grabs his precious perfumed dog --

-- HURLS IT ACROSS THE ROOM, ribbons flapping --

Squealing, the poor hound SMACKS INTO A CHAIR, tumbles over atable, spills drinks, scatters checkers, THUMPS to the floor

and runs YELPING like a wounded coyote behind the bar --

A SECOND OF SHOCK before Jim Vance leaps at his nephews

throat, ripping, clawing, hitting, tearing into him!

Johnses ready for it -- He KICKS his uncle in the balls andswings a wild roundhouse that connects in a sickening CRUNCHof flesh, bone and gristle -- a bestial clash of rage as thetwo relatives smash across the floor, BREAKING furniture andknocking back bystanders. Others try but Cap, Good Lias,

and Floyd finally separate the struggling, red-faced pair --

JIM VANCEYOU INSANE, BOY?!

JOHNSE HATFIELDWHYD YOU DO IT, UNCLE JIM?

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He jerks away from the men holding him to JAM HIS THUMBS intohis uncles eyes -- Jim Vance HOWLS in pain, YANKS Johnse

back by the hair and BITES down on his nephews hand --

Recovering, Jim Vances hound, CHARGES its masters attacker,biting at Johnses leg -- Pried away, it spins in confusion,

CLAMPS DOWN on Jim Vance who ROARS at this violation --

JIM VANCENO, HOWLS, STOP!

The dog instantly lets go. Sits. Humiliated. The command

stops Johnse as well, spent and panting, still furious...

JOHNSE HATFIELDYou marked her -- Nancy says you

near raped her.

JIM VANCEThat is a goddamn LIE! The bitch

came at me first --

JOHNSE HATFIELDSHES MY WIFE YOURE TALKIN BOUT!

Their handlers hold both back. Cap gets in Johnses face.

CAP HATFIELDJOHNSE! Sit down, youre drunk.

Both fighters are disheveled and bloodied. Floyd hands JimVance a whiskey. Kate Schoonover rushes with a wet towel to

dab at Johnses scrapes. Hes now on the verge of tears...

JOHNSE HATFIELDOnly way I could come here wasliquored up. I hate goin up agin

my family like this.

CAP HATFIELD

Uncle Jims right about Nancycomin after him. She started

whippin him with a cows tail --

JIM VANCEPretnear put my eye out. Attackedme like a wildcat. I had to jerk

it outta her hand ta save myself.

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(spits on the floor)

Im sorry.

Johnse nods, bleary but somewhat placated by the apology.

GOOD LIAS HATFIELDHear about Selkirk? That Bad Frank

prick hauled him off to jail.

CAP HATFIELDHowd they find him, Johnse?Selkirk was incognito. Only us

Hatfields knowed where he was.Youre my brother, but theres a

question here about loyalty.

JOHNSE HATFIELDI am foursquare Hatfield, you know

that. Front n back, dawn ta dusk.

JIM VANCEThats why emotions is runnin so

wild -- We got a spy in our midst.

EXT. TUG RIVER BRIDGE - KENTUCKY SIDE - DAY43 43

Mule-drawn jail wagon, Randall McCoy, Perry Cline, Bad Frankand a posse of TWENTY DEPUTIES wait by the Tug River bridge

as Ransom Bray gallops up like a Pony Express rider...

PERRY CLINE

PAPERS CAME THRU! Its official --

He hands the document to Randall, who reads...

RANDALL MCCOYSpecial Deputy, State of Kentucky,

Mr. Frank Phillips -- signed byGovernor Simon Buckner...

PERRY CLINE

You should be pleased, Mr. Phillips

45.

I M VANCE (CONT' D)


46/128

BAD FRANK PHILLIPSHappy to do my job. Happy to have

the Governor on our side.

Randall rides to the front, addresses the men, his two oldersons Calvin and Jim McCoy among them. Randall doesnt meet

their eyes or acknowledge them in any way as he speaks --

RANDALL MCCOYShould you meet resistance, youlloppose it with no more force thannecessary to prevail. You will notharm property or injure innocents.We are not infidels -- We are NOT

HATFIELDS! WE EMBODY THE LAW!

POSSE MEMBERS respond Hear him. Yessir, mark it well --

Randall closes his eyes to pray, fervently...

RANDALL MCCOY (CONTD (CONTD)Dear Lord, may You be with us today

and bless our endeavors. Amen.(opens eyes, prods horse)

Its high time we get to business.

-- but before he takes off, Bad Frank rides into his eyeline,

indicates they need a private talk. They move to the side.

RANDALL MCCOY (CONT'D)

You can lead the charge, Phillips.

BAD FRANK PHILLIPSYears past, maybe youda alreadyfixed this mess yourself. But today

your sons will ride in your stead.

RANDALL MCCOYThis is my fight.

BAD FRANK PHILLIPSYa not deputized -- Aint proper.

RANDALL MCCOYMove aside, sir.

BAD FRANK PHILLIPSWith dignified regard, Mr. McCoy,

you aint goin --

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PERRY CLINEHes right, Randall. Youre the

one insists this all be legal.

With a glance at sons Calvin and Jim McCoy, Randall clencheshis jaw, jerks his horse around to ride up a rise from where

he can see over the bridge. After hes gone, to the men...

PERRY CLINE (CONT'D)Mr. McCoy has high ideals. Mr.Phillips and I admire them greatly.We also know, if we are successfulin taking these killers from theirfamiliar haunts...no one will

question our methods.

BAD FRANK PHILLIPSLETS RIDE.

EXT. HATFIELD PROPERTY - NIGHT44 44

Yips & hoots - Hatfield signals - somewhere in the mountains.Bad Frank & posse ride near the fortified Hatfield compound,

halting just inside the woods -- the watchtower in view.

RANSOM BRAYGuards musta fell asleep.

BAD FRANK PHILLIPSNope. Waitin to ambush us.

Heavy tension as they dismount -- Cautiously approach the

house on foot -- Guns drawn, they spread out...

INT. HATFIELD HOUSE - SERIES OF SHOTS - NIGHT45 45

Bad Frank KICKS the front door in, they BURST INSIDE --

Ransom Bray and the men check the house. No ones here.

RANSOM BRAYFood on the stove, plates on the

table. Wait for em to come back?

BAD FRANK PHILLIPSDevil aint comin back -- Heard uscomin n gone deep in the hills.

Least we got him on the run --

47.

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48/128

(KICKS over table)-- now theres others to fetch.

END ACT THREE

48.

BAD FRANK PHI LLI PS ( CONT' D)


49/128

ACT FOUR

EXT. MCCOY CABIN - NIGHT46 46

Randall rides home to find wife Sally on the porch, rockingand staring into the darkness. He dismounts and joins her.

SALLY MCCOY

Thought you went off to war again.

RANDALL MCCOYToo old and shaky, Id slow emdown. Theys all young men. Goodmen, I believe. Doing Gods work.

I pray for their safety.

SALLY MCCOYEver get tired of praying, Randall?

It seems like it so rarely works.

RANDALL MCCOYIt is not ours to question Gods

will. Thats why we need faith.

Sally strains to see into the dark woods.

SALLY MCCOYIts so dark out there. We coulduse some of Tom Edisons electric

lightnin balls.

RANDALL MCCOYI cant even afford to buy you a

new double-boiler yet.

SALLY MCCOYIll wait for one that works on

electric.

She smiles. He returns the smile, rueful...

RANDALL MCCOYThere is so much I want to giveyou, Sally. I feel like Ive only

brought you pain in this life.

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SALLY MCCOY

Others have, but not you.

(turns to him)You always believe what you say,Randall. That is a rare quality

and I admire you for it.

RANDALL MCCOY

Is that why you married me?

SALLY MCCOY

(shakes head, laughs)I married you because one dayyoure gonna buy me a electric

double-boiler.

Randall takes her hand, cant help but smile with her.

EXT. DARK FOREST - WEST VIRGINIA - DAWN47 47

Endless trees. A narrow trail. Swirls of leaves in the wind --

EXT. FOREST CLEARING - LOGGING SHACK - DAWN48 48

Horses ground tied nearby -- Smoke rises from the chimney.

INT. LOGGING SHACK - DAWN49 49

One good sized room... Dirt floor. One window nailed over

with boards -- Sunlight breaks through the gaps...

French Ellis stirs, swings his legs over the bunk -- Already

up, Lark Varney sips coffee, yawns, starts outside...

EXT. LOGGING SHACK50 50

Lark opens the door -- BOOM! A DEAFENING SHOT tears the woodabove the door -- Lark jumps back inside, reeling against the

table -- OUTSIDE THE HORSES REAR, SCREAM, THRASH --

INTERCUT OUTSIDE & INSIDE SHACK as...

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Lark grabs a gun, crawls to a window. French Ellis is

already there, holding his rifle. From outside:

BAD FRANKS VOICELark Varney! French Ellis! Comeon outside! We give ya one chance!

Then...WE SEND YOU TO HELL!

FRENCH ELLIS

WHO ARE YA?

BAD FRANKS VOICE

DEPUTY MARSHALS OUTTA PIKE COUNTY!WE GOT WARRANTS -- TOSS OUT YOUR

GUNS AND COME ON OUT!

Opens FIRE... BOOM! BOOM! Wood CHIPS. Glass SHATTERS.French Ellis BLASTS BACK -- using his big Remington rifle --

OUTSIDE -- One of the horses thrashes, breaks its ground

tie, bolts forward-- Races into the morning sunlight...

BOOM! The horse is shot dead. A volley of SHOTS from...

INSIDE -- More slugs SMASH thru the wall. Lark cowers.

RANSOM BRAY (O.C.)Were lookin for Devil AnseHatfield! Either one a you mush-

heads know where he went to?

FRENCH ELLISThat you, Ransom Bray? I KNOW YOU!Im friends with the fella humpin

your sister Ruth-Anne back home!

(ducks BULLETS, grins)Thought maybe Id look her up

myself but the lines too long!

Lark Varney slides from the window for something safer --SHOT through the middle as he does so. Lark CRASHES BACKWARD

-- Falls against the wood stove, KNOCKS over the coffee pot.

LARK VARNEY

They killt me! Im gut-shot!

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BAD FRANK PHILLIPSTell us where the Hatfields ran off

to, well spare ya! Come on out!

FRENCH ELLIS

Naw, you come in! Ill warm yourbreakfast up for ya!

He ducks into the corner by the stove -- Props Lark Varney upby the table... SHOTS keep SMASHING thru walls, windows --French Ellis grabs a whiskey bottle -- Pours some down Larks

throat. Most spills out, but Lark takes some, then chokes --

FRENCH ELLIS (CONT'D)

Stay with me, Lark.

(no answer)Okay -- Im freightin you out.You put up a show and Ill run for

it -- Circle behind em --

French Ellis drags Lark to the door --

FRENCH ELLIS (CONT'D)WERE COMIN! HOLD YOUR FIRE!

LARKLL TELL YA BOUT THE HATFIELDS!

(to Lark)

Break to the right, Ill go left.

He lifts his friend, helps stand him up -- shoves him out--

OUTSIDE -- Lark stands a moment, staggers with gun in hand --

French Ellis makes his rush -- BOOM! BOOM! BOOM! BOOM!

Lark Varney falls forward -- Now dead. MORE GUNFIRE! French

Ellis ducks, sees he has no chance to make it to the horses --

-- HURLS himself back in the door -- BOOM!

INSIDE -- French Ellis stares out at Larks body -- yells:

FRENCH ELLIS (CONT'D)

I QUIT THIS FIGHT -- HERES MY GUN.

(tosses out rifle)DONT SHOOT N ILL RIDE YOU TO

DEVIL ANSES HIDEAWAY!

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EXT. LOGGING SHACK - DAY (CONTINUOUS)51 51

Bad Frank Phillips and Ransom Bray approach, guns first...

BAD FRANK PHILLIPS

French, youre under arrest foryour part in the illegal execution

of the sons of Randall McCoy.

RANSOM BRAY

How you know my sister Ruth-Anne?

FRENCH ELLIS

(ignores him, looking off)McCoy boys! Calvin, Jim -- Figure

yall makin your daddy proud.

CALVIN AND JIM McCOY roll up driving the mule-drawn PRISON

WAGON, already holding three ragged, gagged PRISONERS inside.

FRENCH ELLIS (CONT'D)Jeezus, you already got Alex andCharlie? That other fella I dont

recognize -- You sure he was there?

BAD FRANK PHILLIPSAll you need to know is that this

warrant here has your name on it.

FRENCH ELLISReckon Im gonna hang. Be a big

disappointment to my family.

BAD FRANK PHILLIPSTake us straightaway to Devil Anse,

you wont have to ride in the cage.

RANSOM BRAY

How you know my sister?

FRENCH ELLISHell, everybody pass thru Bluefield

gets a blowjob from Ruth-Anne Bray.

BOOM! Ransom Bray shoots him dead. The McCoy brothers and

the others react, stunned. Bad Frank rips Ransoms gun away.

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BAD FRANK PHILLIPS

What the hell...?

RANSOM BRAY

Made one damn remark too many.

Bad Frank GRABS him, BITCH-SLAPS him back & forth --

BAD FRANK PHILLIPS

HE WAS TAKIN US TO DEVIL ANSE!

RANSOM BRAYHe dont know where Hatfield is!

French Ellisas always a fat liar!

BAD FRANK PHILLIPS

How you know him?

RANSOM BRAYWe was in school together...the one

year I went.

Bad Frank shoves his gun into the terrified Ransoms face...

BAD FRANK PHILLIPSWay I fire asswipe morons is I put

a bullet in their goddamn heads.

RANSOM BRAYYes...yessir...I apologize...It

wont happen again...

BAD FRANK PHILLIPSWe gotta do this right...politic.No more trail justice, yhear? I

might wanna be Sheriff one day.

EXT. MAIN STREET - PIKEVILLE, KY - DAY52 52

Randall McCoy and Perry Cline ride into town -- Men dischargepistols in the air, whoop it up...We got em! Hatfieldson the run now! Bad Frank gonna kill em all! Two

horsemen race down the street past Randall and Perry --

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RANDALL MCCOY

Whats going on?

PERRY CLINEFolks are celebratin Mr. Phillips

success -- These men wanta join theposse and get paid -- Word travels.

INT. SHERIFFS OFFICE - PIKEVILLE, KY - DAY53 53

Bad Frank Phillips sits at the Sheriffs desk reading a

newspaper on which a bold headline reads BACKWOODS WAR!

Randall stares at some of the men who murdered his sons.

PERRY CLINE

Im attorney Perry Cline, Esquire.Ill represent you until the courtdeems it necessary to appoint apublic defender. I assume you will

plead Not Guilty which I do advise.

PRISONERYou think we got a better chance if

we keep you on for our lawyer?

PERRY CLINEUp to you. I know the circumstances

of this case better than anyone.

(takes from briefcase...)These stamped envelopes are tocontact your family members, to

assure them you are well-treated --

Alex Messer, Charlie Gillespie and other Hatfield prisoners

accept the envelopes, eye Perry Cline with distrust --

PERRY CLINE (CONTD)-- and arrange for payment of my

retainer, fifty dollars cash,receivable at my office.

Randall moves close to the cell, addresses the prisoners --

RANDALL MCCOY *

You killed my sons --

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SELKIRK MCCOY

Your MURDERIN sons!

RANDALL MCCOYNOT-GUILTY-til-proved-otherwise-MEN

like YOU who deserved a fair trial!(spits in Selkirks face)

I pray that you hang. Ill supplythe lumber for your gallows and tiethe knot on your rope...as the lifechokes outta you slowly n then you

boil in eternal damnation hellfire.

INT. FUNERAL HOME - DAY54 54

The undertaker, Mr. Goodpasture, shows Roseanna McCoy and her

Aunt Betty a small wooden coffin thats painted white.

MR. GOODPASTURE

How old was little Sarah Elizabeth?

ROSEANNA MCCOY

Shy of a year.

Goodpasture opens the lid -- Roseanna runs her hand over it.

MR. GOODPASTURELined with blue velvet.

ROSEANNA MCCOY

Shed like that.

AUNT BETTY

Thisll do, Mr. Goodpasture.

He nods, walks away. Roseanna and Aunt Betty linger.

ROSEANNA MCCOYWill Sarah and me recognize each

other when I get to Heaven?

AUNT BETTYI expect your brothers are lookin

after her - Youll recognize them.

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ROSEANNA MCCOYThey done murder. They might not

be up there.

Distracted by something O.C. Aunt Betty takes Roseannas arm.

AUNT BETTY

We need to go, my dear --

But Roseanna sees him before her aunt can spirit her away --

JOHNSE HATFIELD stands near the door, hat in hand, shirtbuttoned up, hair combed back. He seems about to speak, then

doesnt. Aunt Betty and Roseanna walk stiffly around him.

Roseannas eyes flick briefly to Johnses then look straight

ahead. Johnse watches the love of his life exit. Turns backto stare at the tiny white casket -- tears welling.

EXT. PORCH - THE MCCOY FARM - KENTUCKY - NIGHT55 55

A wolf howls in the distance... Faint O.S. SOUNDS: Creaking

saddles, muffled movements, clacks of iron parts on guns...

SALLY McCOY listens, stares hard into the dark forest -- thefull moon a contrasting light sky backdrop. Sally sits on

her front porch rocking chair, dressed in white.

Behind her, son Calvin McCoy exits the farmhouse --

SALLY MCCOY

You hear all that?

CALVIN

Hear what, Ma?

He listens. Nothing but the wolf -- O.C. Dogs bark at it.

SALLY

Theyll come from over there.

CALVIN

Who will?

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SALLY

Hatfields, theyll come from there.

CALVINHatfields are on the run, Ma. Bad

Frank an all us deputies areroundin em up. Theyll not cross

to this side of the river.

(reaches out)Its cold out here. Lets go

inside. No ones coming tonight.

SALLY

Its not tonight I speak of.

Sally turns back to the house as the lone wolf HOWLS...

END ACT FOUR

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ACT FIVE

INT. FRANK PHILLIPS ROOM - PIKEVILLE HOTEL - DAY56 56

Bad Frank, wearing a nightshirt, on his bed having sex, jabsfiercely into SOME LADY WE CANT SEE. Theres a KNOCK --

RANSOM BRAY (O.C.)

Its Ransom Bray. You sent for me?

Bad Frank continues pumping, yells at the door --

BAD FRANK PHILLIPSSaddle the horses. I got a tipabout a ford upriver we can cross

where theres hardly any Hatfieldlookouts. We make it across quick,

they wont have time to hide --

RANSOM BRAY (O.C.)Yessir, Ill round up the men post-

haste -- You comin?

BAD FRANK PHILLIPS

I will be -- soon.

REVEAL his unseen lover: Nancy McCoy-Hatfield.

EXT. HATFIELD COMPOUND - MAIN ISLAND CREEK - DAY57 57

HORSE AT FULL GALLOP, Cap Hatfield rides into the newfortification deeper in the mountains. Cap rides over aDRAWBRIDGE, waves at a Hatfield in the GUARD TOWER, reacts toshiny CALVARY HORSES -- saddles marked by the WEST VIRGINIASTATE SEAL -- MILITIA TROOPERS stand at attention around the

perimeter. Cap dismounts, hushed and urgent to Jim Vance...

CAP HATFIELD

Is it true? Governor Wilson here?

JIM VANCEClose to it. Sent his man JohnFloyd -- Fought with your Daddy at

the Battle of Perryville.

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INT. HATFIELD CABIN - DAY (CONTINUOUS)58 58

Surrounded by stiff-looking AIDES, Secretary of State JOHN

FLOYD (Anses age) sits in the homes best chair.

Brothers Wall and Good Lias on either side, Anse, a bit

sickly, lets off steam directed to his old war buddy...

ANSE HATFIELDLark Varney, French Ellis, Skunk-hair Wallace DEAD! Selkirk, AlexMesser, Charlie Gillespie, PlyantMahon n son KIDNAPPED -- Who knowshow many of our kin theyve buried

in unmarked graves.

GOOD LIAS HATFIELD

Ol Ranl McCoys gang of cutthroatsthinks theys Quantrills Raiders.

WALL HATFIELDTo hear Kentucky Newspapers tell itBad Frank Phillips is Wyatt Earp

cleanin up Tombstone.

Jim Vance and Cap enter in b.g. as Anse COUGHS, continuing...

ANSE HATFIELD

Its gotta stop, John. The Statedont step in to protect us, well

hafta enforce the law ourselves.

JOHN FLOYDWere doing everything we can,Anse. I petitioned the U.S.District Court for writs of habeascorpus on our imprisoned citizens --Governor Wilson himself is involvedin a heated exchange of telegrams

with Kentuckys Governor Buckner.

ANSE HATFIELDDont give a hoot bout yourtellygrams or your hate-be-uswrits, John! Git me troopers atthe border so when McCoy tries it

agin you STOP HIS ASS!

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WALL HATFIELDWhat theyre doin is illegal -- Noout-of-state lawman has the rightto invade another Sovereign State

to abduct citizens, warrant or not.

Levicy comes in with a pitcher, pours water for everyone,

gives Anse a glass, hands him a cloth to stifle his cough.

JOHN FLOYDWere addressing that. I sent anofficial requisition to Kentuckyfor extradition of Frank Phillipsand twenty-three members of hisposse for the killing of French

Ellis, Lark Varney and Tom Wallace.

GOOD LIAS HATFIELDSo youre sayin that now in WestVirginia, Phillips n his deputies

are wanted kidnappers n murderers?

JOHN FLOYDCorrect. If Mr. McCoy sends his

posse again, they can be arrested.

JIM VANCEWhy then, hell, deputize us, send a

few cannons and back us up with asquad a militia, well ride on

into Pikeville n end this shit.

JOHN FLOYD

(aghast)Sir, youre talking about starting

another Civil War.

CAP HATFIELDThats not talk, Mr. Secretary, sir

-- Its what we already got.

Secretary Of State Floyd doesnt know how to respond to that.

Controlling his cough, Anse fixes him with a level look --

ANSE HATFIELDWe lost Kentucky at Perryville,John.

61.

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Lets not give up West Virginie.Tell your Governor Windy Wilson he

steps in or I will.

EXT. TUG RIVER - BETWEEN KENTUCKY & WEST VIRGINIA - DAY59 59

Bad Frank Phillips and Ransom Bray lead the posse on

horseback through the shallows of a ford on the river.

INT. CHURCH - WEST VIRGINIA - DAY60 60

The congregation, led by an OLD PREACHER, SING A HYMN as BadFrank, Ransom Bray, Calvin and Jim McCoy and the posse moveinside. Bad Frank, Ransom, and the two McCoy brothers move

up the aisle; posse members, guns drawn, remain in the back --

The preacher continues to lead the singing as Bad Frank

points out wanted men...roughly extracted from the pews.

Off the West Virginia ministers reproving look, Bad Frankcrosses and SMACKS him hard enough to knock him to a knee.

The Old Preacher spits blood but never ceases to sing.

INT. HATFIELD CABIN - NIGHT61 61

Levicy opens the door for Jim Vance, nods at the bedroom.

LEVICYHes feelin poorly. Got pleurisy.

I made him go to bed to rest up.

BEDROOM - HATFIELD CABIN62 62

When Jim Vance enters, followed by his dog, a bedridden Anse

is in a COUGHING FIT -- He uses a spittoon, finds his voice --

ANSE HATFIELDJim...

JIM VANCEAint you a sorry sight. Want I

should come back?

ANSE HATFIELDSpeak your mind.

62.

ANSE HATFI ELD ( CONT' D)


63/128

JIM VANCEPhillips n his gang raidedservices at Good Hope Baptist totake Tom Chambers and the MahornBrothers. Smacked Preacher Haddonfor no reason. I aint a church-

goin man, but violatin thesanctity of the Lords House is

about as low as a man can stoop.(shakes head, then)

Any word from your man John Floyd?

ANSE HATFIELD(coughs, nods)

Governor Windy aint doin shit --Too busy lettin lawyers in his earn gittin his back up agin themNew York muckrakers callin us a

savage mountain tribe.(hawks in spittoon)Its up to us. Like always.

JIM VANCEWhat do you propose?

ANSE HATFIELDCut off the head of the snake.

Bold words -- Troubling even for the old warlord...

JIM VANCEBe awful treacherous goin afterFrank Phillips. He got a whole

army around him...

ANSE HATFIELD

Hes the fangs.

Jim Vance grins. He likes this plan.

JIM VANCE

You sayin we git the snake whatsusin him...Bad Frank wont have

nobody to work for.

Anse coughs and spits. Nods --

ANSE HATFIELD

We kill Randall McCoy.

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EXT. PERRY CLI NE S OFFI CE - PI KEVI LLE, KY - DAY63 63

Randal l r eact s t o FOUR ARMED MEN post ed ar ound t he door .

I NT. PERRY CLI NE S OFFI CE - PI KEVI LLE, KY - DAY64 64

Randal l ent er s wi t h a bemused nod at Per r y Cl i ne s guards.

RANDALL MCCOY

You expect i n a l ynch mob?

Per r y can t keep st i l l , l ooks out a wi ndow, paces.

PERRY CLI NE

My per sonal pr ot ect i on. I advi se

you t o get a bodyguard your sel f .

RANDALL MCCOY

I can t ake car e of mysel f .

( hands hi m a tel egr am)

J ust came i n f r omFr ankf urt - -

Buckner says i f Governor Wi ndbag

t r i es anyt hi ng, he l l meet hi m at

t he bor der wi t h Kent ucky mi l i t i a.

PERRY CLI NEI t s not West Vi r gi ni a st at e

t r ooper s I m wor r i ed about .

He t osses t he t el egr am on hi s desk, hi s voi ce shaky.

PERRY CLI NE ( CONT' D)

Phi l l i ps went t oo f ar t hi s t i me.

He coul dn t a wai t ed t i l t he ser mon

was over and ar r est ed them out si de?

RANDALL MCCOY

Si nce when does i t mat t er t o a

Hat f i el d what goes on i nsi de a

chur ch? Or t o you f or t hat matt er ?

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PERRY CLI NE

I hear t al es f r om across the Tug.

That preacher Bad Fr ank sl apped

bapt i zed Devi l Anse s wi f e.

( f r i ght ened)

The Devi l won t l et t hat one go,Randal l . He l l come af t er US.

RANDALL MCCOY

Let hi m come. Make i t easi er t o

cut hi m down. Hat f i el d ai n t t he

bi ggest t oad i n t he cr i ck no mor e.

PERRY CLI NE

Hope t o God you r e r i ght . Cause we

sur e can t un- do what s been done.

EXT. HATFIELD COMPOUND - MAIN ISLAND CREEK - NIGHT65 65

Beneath a cold winter moon, a couple dozen horses steam andstamp. Belts of ammo loop from the pommels of the saddles.Rifles and shotguns of various ages and calibers protrudesometimes two to a scabbard, others are tied twine behind thesaddles. Grim Hatfield men and their allies, their faces litby the flickering light of the fire and light of lanterns andtorches a few may carry. A soft, discordant sound as Good

Lias seems to be having trouble getting his fiddle tuned.

Jim Vance, eyes burning, mouth set, watches Anse turn away

from the fire hes been contemplating.

JIM VANCEYou settled on what to do Anse?

Anse breathes shallowly, so as not to trigger a cough --

GOOD LAIS HATFIELDCause its git Goddamn cold.

ANSE HATFIELDYou decide on a killin cause you

goddamn cold?

He COUGHS, agony on tender ribs, hunches over.

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67/128

HOOFBEATS approach, the only other sound is Anse trying tocontrol his spasm -- The rider is Johnse -- He swings off the

horse, talking all the way, oblivious to the thick tension --

JOHNSE HATFIELDHad one horse, what I borrowed, itthrew a shoe, I pulled em all off,

thank the stars I aint too late --

Johnse halts, looks to his father, the grinning Jim Vance --

JIM VANCELotta time Johnse, we all waitin

on your Pa ta finish his coughin

CAP HATFIELD

Enough a that, Uncle Jim.

Good lias offers a canteen to Anse, who drinks -- Then:

ANSE HATFIELDWe can be there by dawn, make ourapproach with the sun at our backs.The time of the morning, the day it

is, they wont expect nothin.

Young teen BILLY DEMPSEY, friend of Anses son Robert E.,

speaks up, excited at being a part of this portentous plan --

BILLY DEMPSEY

Is with you sir! We kill em all!

ANSE HATFIELD

You stay put with your momma, boy.

The boy Billy Dempsey shrinks from Devil Anses harsh

reprimand. Anse turns back to the men, low and intense:

ANSE HATFIELD (CONTD)We harm no one we dont have to.

Sweat beads his brow, fever rising, Anse speaks softly so as

not to trigger his cough, envisioning a perfect scenario...

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ANSE HATFIELD (CONTD)Randall sees how it is, hellsurrender himself ta save othersfrom harm. We take him alive -- anyharm done him afore hes on West

Virginia soil, you answer to me.

CAP HATFIELDThought we was gettin rid of him.

ANSE HATFIELDThis is war. Randall McCoy is theenemy. Once hes been extradited

as our prisoner --

Jim Vance grins even wider at Anses use of the legal term.

ANSE HATFIELD (CONTD)--

-- we execute him here, in thestate where he committed his

crimes, as is proper.

His knees buckle, Good lias grabs Anses arm, steadies him.

ANSE HATFIELD (CONTD)A mite dizzy, stepped on a stone.

(hacking, yells)We bring Randall alone! No otherMcCoy, back here, straight away

back, safe across the Tug!

JIM VANCEIf thats how you want it Anse.

Good Lias helps his brother, Cap and Johnse move to him.

GOOD LAIS HATFIELDNeed to get you to the Doc --

ANSE HATFIELDNo time...

CAP HATFIELDYou too sick, Pa. We can do this.

JIM VANCEBe a worthless trip if you start

coughin like that n give us away.

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Cap steps in to take Anses other arms, and assisted by Good

Lias they settle Anse against a log by the fire --

ANSENo one taken but Randall, and him

not harmed, or you answer to me --

The men, led by Jim Vance, mount their horses and move offinto the night. The last thing we see is Anse, watched by

son Robert E. and Billy Dempsey, coughing in his sleep.

EXT. MCCOY FARMHOUSE - PRE-DAWN66 66

A cold, misty morning. Grey sky. Dim shadows. SILHOUETTES

OF ARMED MEN ON HORSEBACK pass like ghosts through the trees.

TITLE CARD: NEW YEARS DAY, 1888

INT. BEDROOM - MCCOY FARMHOUSE - KENTUCKY - DAWN67 67

A dog barks in the distance...Sally McCoys eyes snap open.Faint O.S. SOUNDS: Creaking of saddles, muffled movements,

clacks of iron parts on guns...the sounds Sally heard before.

SALLYRandall, wake up.

(when he does)

Theyre here.

Randall McCoy comes awake, listens -- Leaps out of bed -- He

grabs his rifle, leaves the room -- Sally prays...

EXT. MCCOY CABIN - DAWN68 68

Jim Vance, at the woods edge, gives his men one more warning:

JIM VANCEMay Hell be my Heaven, I will killthe man that goes back on me, if

powder will burn.

He signals the men to spread out, consults with Cap --

JIM VANCE (CONT'D)Who has the back?

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CAP HATFIELDCotton Top.

(off Vances look)Johnses with him. But...Ill go

back em up.

He moves off. Jim Vance steps forward to call out --

JIM VANCERandall McCoy! Your final day hasdawned! Save your family --

SURRENDER YOURSELF!

INT. MCCOY CABIN - DAWN69 69

Calvin moves to the window, rifle ready, other guns nearby.

CALVIN MCCOYI see Jim Vance. Theres others

spread out either side took cover.

RANDALL MCCOYHow many?

CALVIN MCCOYFifteen. Maybe more.

Sally and daughter Alifair pull at a heavy mahogany cupboard.

ALIFAIR MCCOYGet behind and sit.

An order to her younger siblings, but Sally orders Alifair;

SALLY MCCOY

You too, Alifair.

EXT. WOODS BEHIND THE CABIN70 70

Cap reaches Cotton Top.

CAP HATFIELD

Wheres Johnse?

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COTTON TOPSaid watch the back is all I know.

(eyes on back of house)Dont let no one out.

ON JOHNSE - some ways away, not participating, not wanting to

watch but unable to avert his eyes.

EXT. WOODED AREA - FRONT OF CABIN71 71

Jim Vance strikes a fire, lights rags jammed in bottles of

flammable fluid --

JIM VANCEYOU COME OUT, RANDALL MCCOY, AND I

WONT HAVE TO BURN YOUR HOUSE!


RANDALL moves to a window at the side of the house.

JIM VANCE holds two burning bottles, waving them maniacally --

JIM VANCEWANT YOUR LITTLE ONES CONSUMED BYFIRE? THAT WHAT YOU WANT?! THEIR

WEE BODIES HISSIN AND STEAMIN?

ANGLE - Alifair and the children cower behind the furniture.

Calvin knees by the window. Sally moves to her husband --

SALLY MCCOYGo out the back. Run for the woods.

Randall shakes his head, starts for the front door. Sally

grabs his arm --

SALLY MCCOY (CONTD)Please, Randall - when they know

youre gone theyll leave us be!

EXT. WOODED AREA - REAR OF MCCOY CABIN - DAWN73 73

Cotton Top, absently rubbing his crotch, mind far away,doesnt see the back door fly open and Randall McCoy burst

out, running full speed for the woods.

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CAP HATFIELD (O.S.)Cotton Top! Its the McCoy!

Cotton Top grabs his rifle, SHOOTS, misses --

JOHNSE sees Randall run, pops up with his rifle - BAM, BAM,

BAM! But Randalls only briefly an open target - Johnse letsout a PRIMAL YELL OF RAGE at Randall as he FIRES --

-- but Randall disappears into the dark woods.

Johnse, looking lost and frustrated to near-tears, slumps

back to his hiding spot.

JIM VANCE - Whirling the lit firebombs. Calvin yells out --

CALVIN MCCOYMY PAS NOT HERE! HE STAYED OVER

IN PIKEVILLE LAST NIGHT!

JIM VANCEI SAID FOR HIM TO COME OUT!


Calvin crouches at the window. Alifair and the children

cower behind the furniture. Sally moves toward a shelf.

CALVIN MCCOYTHERES NO ONE HERE BUT ME -- CEPT

FOR WOMEN AND CHILDRENS!

JIM VANCE (O.S.)I WANT RANDALL MCCOY!

CALVIN MCCOYYOU GOT HIS SON - IM COMIN OUT!

Sally takes two pistols from a wooden case.

EXT. DEEP WOODS - DAWN75 75

Randall runs, crashes, falls -- now on his knees --

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RANDALL MCCOYHeavenly Father, spare my familyand smite our enemy. Please, I beg

you - Have mercy on us, Lord Jesus.

EXT. WOODED AREA - REAR OF MCCOY CABIN - DAWN76 76

Cotton Top is terrified, whimpering, Cap is furious.

CAP HATFIELDWe said let no one out the back!

EXT. MCCOY FARMHOUSE - DAWN77 77

JIM VANCE - tosses his flaming bottles hand-to-hand as Cap

rejoins him.

JIM VANCEDiscourtesy is what it is!

He runs at the house, throws both bottles.

Calvin shoots from the window, misses - the bottles explode

in a POOF OF FIRE, engulfing the McCoy cabin in flames.

All around the perimeter of the house, the Hatfield party

begins to blast away with their rifles --

CALVIN - bursts from the front, rifle in one hand, pistol inthe other, firing at Vance, at anyone - he tosses the emptyrifle, firing the pistol, makes for the chicken coop -- HIT

BY SHOTS FROM MULTIPLE DIRECTIONS -- staggers, falls...dies.

COTTON TOP - Anxious. The house burns, smoke billowing --

COTTON TOPNo one come out, no one come out --

EXT. MCCOY FARMHOUSE - REAR - DAWN78 78

THE BACK DOOR - Alifair leads the children out, several

clutching toys, heading for the woods --

COTTON TOPYou cant come out! Go back! It

aint allowed! GIT BACK INSIDE!

73.


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Thru air foggy with smoke, Alifair sees the halfwit waving

her and the others back toward the burning house --

ALIFAIR MCCOY(to her siblings)

Keep going.

Documents

Night Two 8.03.11 Numbered h & m Productiongd