"Gunsmoke" In Performance of Duty (TV Episode 1974) Poster

(TV Series)

(1974)

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9/10
Reconciling Justice and the Law
wdavidreynolds8 November 2021
Warning: Spoilers
Emmett Cassinger (or is it Kaysinger? Various sources spell it differently, but IMDB uses Cassinger. The show credits do not display a last name for the characters.) and his three sons are as mean and nasty as any of the notable list of incorrigible families from past Gunsmoke episodes. (The Strunk, Ginnis, and Sutterfield families from earlier seasons come immediately to mind.) Emmett is the mastermind of this dastardly group. Emmett's mode of operation is to rob people in remote places and kill them so there are no witnesses. They have left a trail of dead bodies and a notoriously bad reputation behind them, but they have managed to escape prosecution. When the Cassingers arrive in Dodge City, Matt Dillon immediately tells them to leave.

A burgeoning cattle rancher named Frank Benton has just sold his cattle for $3,500. He and his wife Agnes have sacrificed and worked hard to reach this point in life where they can begin to enjoy some of the fruits of their labor.

Unfortunately, Frank is so excited about his first big sale that he bounds into the Long Branch Saloon waving his stack of cash around and even buying a round of drinks for the house. The Cassingers are in the saloon, and they witness Frank's joy. They subsequently ride out to the Benton's farm, steal their money, eat the celebratory dinner Agnes had prepared, kill Frank, and shoot Agnes before setting fire to the house.

Newly O'Brien happens to be riding nearby, hears a shot, and goes to investigate. As the Cassingers ride away, gunfire is exchanged, and Alf Cassinger is shot in the arm. Newly takes Agnes back to Dodge, but Doc Adams says her condition is critical. Matt, Newly, and Festus Haggen find the Cassingers and arrest them.

Judge John Kendall has devoted his life to the cause of justice, but he understands that laws exist to protect both the just and the unjust. The judge is visiting Dodge because Judge Brooker is ill and cannot perform his duties. Judge Kendall and Doc have been friends for many years. The judge tells Doc in confidence that he has been diagnosed with a terminal heart condition and only has a brief time to live.

Judge Kendall informs Matt if Mrs. Benton is unable to testify against the Cassingers, Matt will be forced to release them. Newly is not able to state with certainty that the Cassingers were who he saw riding away from the Benton farm, or that Alf is the man he shot.

(I am no attorney, but I find this aspect of the plot dubious. Newly saw four men ride away and shot one. Matt and Festus find the four Cassingers in a shack near Dodge, and Alf has suffered a fresh gunshot wound. That would seem to be enough evidence to at least jail them pending a jury trial.)

Marshal Dillon takes the Cassingers to see Agnes Benton, but she is physically unable to talk and identify them as the men who killed her husband and shot her. When she eventually dies from her wounds, any hope of prosecuting the Cassingers for murder is lost.

Nathan Burke helps the cause of justice when he notices the horse Cory Cassinger was riding was reported stolen. At least this allows Cory to face prosecution for horse stealing, even if the rest of the family is set free.

Since the State of Kansas law allows hanging as a sentence for horse theft, Judge Kendall offers Cory a plea deal. If he will testify against his father and brothers in the murder of the Bentons, he will give Cory immunity and a light sentence for stealing the horse. If he refuses the deal, the judge plans to sentence Cory to hang for the theft. Of course, Cory refuses the deal, and he is sentenced to hang. Emmett promises to prevent the sentence from being carried out.

Eduard Franz appears for the second and final time in a Gunsmoke episode as Judge John Kendall. Franz's other performance in the series was way back in Season 1's "Indian Scout" episode. There are only a very few actors that appeared in both the first and last seasons of Gunsmoke, but Franz is the only actor to ONLY appear in the first and last seasons of the series.

David Huddleston appeared in four different Gunsmoke episodes. He always played characters that were either suspicious or absolute villains. In this story, he is the latter. His performance here as Emmett Cassinger is outstandingly sinister.

Three young men play the Cassinger sons in their only Gunsmoke roles. Alf is played by Michael MacRae (credited as "Michael Mac Rae"). This is his first acting credit. Paul Koslo portrays Cory Cassinger. His career has leaned heavily on his portrayal of dubious characters. Martin Kove fills the role of Gutherie Cassinger. Kove, who has been a prolific actor in many diverse types of roles in both films and television, is probably best known for playing the character John Kreese in The Karate Kid movies.

Rance Howard makes his second and final appearance in the series in this story as the Frank Benton character. Howard enjoyed an extensive career mostly in small roles in several television shows and films. He is best known as the father of actor/director Ron Howard and actor Clint Howard, both who also appeared in Gunsmoke episodes.

Actress Bonnie Bartlett also appears for the second and final time in this episode. She plays Agnes Benton in this story. In both of her roles, the character that was her spouse was killed.

Bill Erwin played roles in fourteen Gunsmoke episodes beginning in Season 3. This is his final appearance in the series. He portrays the defense attorney known in this episode only by the name Snood.

Margaret Bacon makes her twentieth and final appearance in the series in an uncredited role. She often played uncredited bit parts, primarily in television shows.

Robert Brubaker appears once again as Floyd, the bartender at the Long Branch Saloon, and Ted Jordan makes another appearance as Nathan Burke.

It fascinates me that characters such as Emmett Cassinger are often abusive to their offspring privately but are fiercely loyal to them and will tolerate no actions against them from anyone outside the family. This is a recurring characteristic repeated throughout Gunsmoke history. (John Meston and Kathleen Hite were masters at creating these types of characters in the earlier seasons of the series.) I also find it interesting that these depraved families take such delight in inflicting misery on others. They do not just commit crimes for personal gain, they *enjoy* what they do. (There is a scene in the episode where the Cassingers are contemplating poisoning the Dodge City water supply, and they are positively giddy as they imagine the people of the town suffering horribly.)

The episode highlights the troubling truth that sometimes the rule of law results in what appears to be an unjust end. In the end, Judge Kendall's respect for the rule of law and his longing for justice will lead him to devise a solution that attempts to reconcile the two.

This episode is another in a string of excellent Season 20 offerings in the Gunsmoke series. The twelve episodes sandwiched between the dreadful "The Wiving" and the awful sequel to that episode, "Brides and Grooms" are all among some of the strongest in the twenty-year run of the series. This story is compelling, and the acting is up to the lofty standards of the series. Franz's calm, understated performance plays well against the overly confident debauchery of Huddleston's character.
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8/10
An aging Judge makes sure justice is done.
kfo949417 October 2013
Warning: Spoilers
Even with some questionable tactics in this episode, the story was strong enough to produce another highly delightful show that was entertaining to viewers. And after watching, it raises the question of why the show did not continue for at least another season due to the excellent writing and acting.

In this episode a rebellious father and sons team, The Kaysingers, ride into Dodge and hear about a man that has just sold his cattle and is showing off his money. That evening they go and steal the money killing the man and severely injuring the wife. With aging Judge John Kendall in town it looks to be a open and shut case but when no witnesses come forward Judge Kendall release all but one of the boys, Cory, that was also charged with theft of a horse.

Later the father comes up to the Judge and tells him that his boy better go free or the Judge will pay the price. But during the trial for the horse theft, Judge Kendal sentences Cory to death. Now the Kaysingers are bound to take their revenge out on the Judge and also the town of Dodge.

A well written story till about this part when for some reason the Judge does something that, even to the novice viewer, just seems bizarre even for this fictional event. So we as viewers have to take some of the actions in stride in order to enjoy the closure of the program. The action never really took away from the show, in fact, it may have added some element that brings the story to a nice close- but it just did not set well. Anyway this story was interesting and the acting well done. Even with the questionable tactic the show still entertained.
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Gran Torino Deja Vu
spodso1 September 2016
Warning: Spoilers
I watched this today on TVLand. The Judge did absolutely nothing out of line. He quoted the Kansas law which said that horse stealing can be punished by hanging! It's interesting how this was similar to what I remember as an Alfred Hitchcock episode when a young policeman was killed and his policeman Father set himself up to be killed so his Son's killer(s) could be brought to justice, except in the Hitchcock episode the Father did not have a terminal illness. And Clint Eastwood did the same thing in Gran Torino. What the judge did in this episode is nothing compared to what Judges and the various Governments do. This Judge had the actual law in support of his actions. Today the law is essentially meaningless. If an illegal alien commits a crime, rap him on the knuckles and let him/her go. It does help a lot if you commit a crime in a Sanctuary City, of which there are many.
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