After a short recess to calm the courtroom and the audience, after it was revealed by Susie Johnson Eaton that Festus was her husband, Frank Eaton, Clayborne gaveled the court back into session.
Clearing his throat, the Judge addressed the small court room. "After hearing the testimony of the witness's," Clayborne said looking directly at Festus. "It is the finding of this court that the defendant is indeed Frank Eaton."
Festus shook his head in disbelief as the Judge continued. "The defendant will rise for sentencing."
Newly nodded at Festus as they both stood up. "It is the finding of this court Mr. Eaton, that you are guilty of murder and sentenced to hang by the neck until dead!"
The courtroom erupted into applause as some of the audience screamed for the hanging to take place at that moment.
"The sentence will be carried out on Monday morning," Clayborne yelled bringing the gavel down several times. "This court is dismissed!"
Agent Doyle stepped over to where Festus was standing as Kitty and Doc did their best to reassure the hill man that obviously a mistake had been made.
"I have to take the prisoner back to the jail now!" Doyle said taking Festus arm.
"Just a minute," Doc said angrily. "Can't you see we're talking to him!"
"Doc," Matt said stepping into the fray. "Newly, take Festus back to the jail with Doyle."
"Yes, sir," Newly said putting his hat on as Doyle placed shackles back on Festus wrists.
"Festus," Doc said meeting the hill man's eyes. "It's not over yet."
Festus nodded as he meekly followed Doyle and Newly out the door.
"Well, Mrs. Johnson," Matt said turning to Frank Eaton's wife. "I'm sure your real upset to see that your husband's going to hang."
"Very," Susie said heading for the door. "I have to get back to my place now."
Matt's eyes narrowed as he watched the woman leave.
"What now, Matt," Doc said drawing the lawman's attention back to them.
"I'm going to send a wire to the governor," Matt said slightly annoyed with himself. "Asking for a stay of execution and a new trial in a different town."
"Oh, Matt," Kitty said softly "Do you think it will be granted?"
"I hope so," Matt said evenly. "If not..."
"We can't think like that," Doc said quickly. "C'mon Kitty, let's go to our rooms. Matt will let us know when he hears something."
Kitty nodded as she followed the physician toward the stairs and Matt headed over to the jail.
"Newly," he said once he was inside. "Send a wire to the governor, ask for a stay of execution and a new trial set in a different town."
"Alright," Newly said nodding. "You want me to wait for the answer?"
"Yes," Matt said nodding at Doyle he stepped over to the cell where Festus was being held.
The hill man was sitting on the bunk with his head down but looked up when Matt stopped in front of him. "How you holding up, Festus?"
"Don't rightly know, Matthew," Festus said quietly.
"Well," Matt replied gently. "I know what you mean."
Turning away, Matt pursed his lips as he went over to where Doyle was seated behind his desk.
"Marshal," Newly said returning with a wire.
Matt took the message and read it before looking at Doyle. "The governor stays some where called, Edith Springs?"
"Yes," Doyle replied thoughtfully. "He spends a few weeks out of the year up there. The night stage has a direct route if you want to send a letter."
"No," Matt said folding the telegram. "I want to talk to the governor directly."
Heading over to the cell, Festus got to his feet as Matt told him the plan.
Later, after Matt left, Walker and an angry mob tried to break into the jail and hang Festus themselves but Newly opened the cell and let the hill man get away.
Festus ran for it and ended up at the Owl Flats Station to confront Susie Johnson Eaton and ends up confronting Frank as well.
That morning, the stage came though and Matt delivered the good news to Mrs. Eaton that her husband was granted a stay of execution and a new trial in a different city.
After the stage left, Festus made a run for it but Frank took a shot at him, hitting Festus in the side before Matt, having put two and two together, doubled back just in time to take out the notorious villain.
About that same time, Newly and Doyle rode up.
As Matt and Doyle looked down at the dead, Frank Eaton, Doyle remarked, "Not much to say, is there?"
"Well Newly," Festus said relieved. "It's all over."
Newly nodded as Matt walked up to them. "Newly, look in the barn for a wagon we can put Eaton's body in to bring him back to Rock Creek."
"Sure thing Marshal," Newly said as Matt looked the the hill man. "How's your side?"
"It'll be alright," Festus said pulling his hand away.
Matt took a clean bandana from his pocket, folded it and pressed it to the wound. "Keep that on it till we get back to Doc in Rock Creek."
"Marshal," Doyle said as Newly lead a team and wagon toward them. "I've got Mrs. Eaton in custody."
Festus looked beyond the agent and sighed. As much as he hated being mistaken for Frank Eaton, he felt just a little sad for the man's devastated wife.
"Matthew," Festus said indication Susie Eaton. "What's gonna happen ta her?"
"I suppose she'll have to stand trial for aiding a criminal and perjury," Matt said shrugging his shoulders, he went to help Doyle load Eaton's body as Newly brought his horse over.
"Thanks, Newly," Festus said taking the reins.
"Mr. Haggen," Doyle said climbing into the drivers seat of the wagon with Susie Eaton at his side. "I guess we'll clear all this up with the judge when we get back."
Festus scoffed as he mounted the horse. "Apology accepted," he said sarcastically and then turned the horse back toward Rock Creek.