'Deadwood' Rewind: Season 1, Episode 5: 'The Trial of Jack McCall' (Veterans edition)
Everyone has parts to play in one of the series' most crucial episodes
Sol (John Hawkes) and Seth (Timothy Olyphant) in "Deadwood."
We're continuing our trip back through the first season of David Milch's epic revisionist Western "Deadwood," and we're continuing to do it with two separate but largely identical posts: one for people who watched the whole series and want to be able to discuss it from beginning to end, and one for people who are just starting out and don't want to be spoiled with discussion that goes past the current episode. This is the former; click here for the newbie-safe version.
A review of episode 5, "The Trial of Jack McCall," coming up just as soon as I look it up in my yesterday's diary...
"May I ask, Mr. Bullock, what you feel now may be your part?" -Reverend Smith
The most important passage in all of "Deadwood" appears in this episode, and it features language that David Milch didn't write. The scene is the funeral of Wild Bill Hickok, and the passage is the Reverend Smith's quoting of St. Paul's epistles to the Corinthians - specifically, the section about how all a body's parts are of the body, and are necessary to make it function. Seth regards it as gibberish, in part because Smith's bearing seems increasingly manic (though it's more the result of whatever causes him to suffer a seizure in his tent after the funeral), but mainly because he doesn't want to hear what the passage - what "Deadwood" itself - is all about.
This show is about the formation of a community, and a community, like a body, requires its many parts to work together in order to function. When we entered the series, Deadwood was not a community, but a collection of loners pursuing separate agendas (or, in the case of the staff at the Gem, a small collective furthering the agenda of one individual against everyone else). And that's fine for an outlaw, illegal mining camp, but not for what Al and Cy and everyone else hopes will eventually become an annexed part of the United States. Sooner or later, the foot's going to have to learn to work with the knee, the eye with the ear, and all the parts together - not all the time, but often enough for the body that is Deadwood to work as a whole.
Seth struggles to acknowledge the truth of that idea, even as he keeps giving himself over to it. He wants to be left alone to just run his hardware business, even though he repeatedly can't stop himself from playing the law-and-order part he tried to leave behind in Montana. Here, he once again forcibly stops the small-time con man from running one of his games in the middle of the thoroughfare, he continues following Wild Bill's instructions to be Alma's proxy and protector, and when the jury acquits Jack McCall based on the judge's sketchy instructions, Seth takes it upon himself to chase him down and see if more appropriate justice can be done outside the camp.
Of course, putting yourself out there for your fellow man doesn't always go swimmingly. Take poor Merrick, for instance. He has such high hopes for everyone, and is forever being disappointed. Wild Bill and Seth refused to talk to him about their various exploits in the camp, and here the jury that Merrick helped assemble quickly acquits the vile murderer of the great Wild Bill. He seems almost shockingly naive for a man of his age(*), so I doubt he suspects Al of having played a role in the verdict, but he feels very let down by all of humanity as he stands on the hill where Bill is being buried.
(*) While Milch and I have gotten along over the years, I get the sense that he doesn't think much of the media in general, and Merrick strikes me at times as Milch's comment on how members of the press are far removed from and not capable of fully comprehending the people and events they cover.
And if Seth himself isn't willing to admit that he's playing a part, he at least recognizes that whatever he's doing has consequences, as he suggests that Sol - whose own part thus far seems to be as the man who lets Bullock be Bullock - might need to prepare for a future where Seth has been hanged for whatever he winds up doing to Jack.
Right now, everything that occurs in and around the camp exists in a complicated moral grey area. Al doesn't want to see Jack hanged in Deadwood because he fears it would make the US government treat them as a sovereign nation to be conquered rather than a territory to be absorbed. Right now, he doesn't want the camp to become a part of America because he wants the implementation of law and order - as he says to Cy, there are days he wishes he could just kill and rob every last hooplehead he sees - but because it's the only way to know his fortune and businesses will be secure. But he has to take the good with the bad, the convenient with the inconvenient, and if that means starting to recognize that he has a part to play - for now, as the town's defacto leader - then he'll do it.
Some other thoughts:
• Know Your Milch-isms, part 1: Milch is fond of having one character explain the situation in a contorted Milch-ian fashion, then having a second character translate that into plain English, and then having the first character complain that the second is repeating what he just said. Sipowicz and Medavoy did this a lot on "NYPD Blue," and Al and EB do it a lot here.
• Know Your Milch-isms, part 2: Once again, we get a monologue delivered to no one and nothing, with EB's wonderfully bitter speech about how he's always cleaning up Al Swearengen's messes (literally, in the case of Tim Driscoll's blood) without ample reward.
• Know Your Milch-isms, part 2a: Keep an eye peeled for other scenes like the ones that Jane and Andy share up in the hills, in which two characters are talking past each other, each consumed with his or her personal problems (or, in Andy's case, with a potentially deadly fever) and just glad to have someone to unburden themselves to, even if that someone isn't really paying attention.
• Not sure which deadpan line makes me laugh harder: Cy responding to Al's suggestion of how he would murder everyone and steal their money with "But that would be wrong," or Al offering the judge a blow job, then explaining, "I wasn't offering it personally." Overall, the scene where Al and Cy briefly make nice to discuss the trial is splendid.
• Alma has been dreaming of Seth? Hoo-boy. I'm also always initially surprised each time I rewatch the series by how much I like Alma, when ordinarily a character as high-handed as she can be to people like Doc Cochran will turn me off. That's a testament to Molly Parker, obviously, but also to Milch for making Alma so shrewd, and for placing her in such a sympathetic circumstance.
• When the Bella Union gang first appeared a few episodes back, I noted that Cy, Eddie and Joanie line up as a kind of polished mirror version of Al, Dan and Trixie. It's not exactly a one-to-one match - Eddie doesn't strike me as the type to handle Cy's wetwork, for instance - but it was interesting to see the parallel between Trixie and Joanie this week. Al asks what Trixie is looking for out the window, and she says "Whatever I can see," because it's a pretty insular, unhappy life for the girls at the Gem - even Al's favorite whore. And while Joanie dresses better and carries herself like she's more Cy's colleague than possession, there's definite tension when she decides to go to Wild Bill's funeral without first asking his permission to leave the establishment. For these women, their lives aren't exactly prison, but they're not exactly freedom, either.
• Hey, It's That Guy! Glenn Morshower (aka Agent Aaron from "24," Landry's dad on "Friday Night Lights," etc., etc.) turns up in the small role of Bart, the Bella Union employee who has to reluctantly take Andy out to the woods - and who chooses to let Andy live rather than burn the blanket (and the man on it).
Up next: "Plague," in which Bullock runs into a complication in his pursuit of McCall, and the town comes together to deal with a health crisis.
What did everybody else think?
Alan Sepinwall may be reached at sepinwall@hitfix.com
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Login or create a HitFix account Login SignupOtto Man
June 30, 2011 at 9:32AM EST Reply to CommentAndy's repetition of "I apologize! ... I apologize! ..." out in the woods is one of my favorite small moments in the series. So spare and powerful.
Bogie Wan Kenobi
June 30, 2011 at 9:56AM EST Reply to CommentAl's logic concerning why Jack McCall had to escape justice always struck me as completely backwards. In other words, the U.S. government would give better treatment to a community that has some civilized structure (such as honest trial by jury) rather than a rogue camp that lets its murders go free. It's this perspective that prompts the formation of Deadwood's loose governmental structure in a few episodes (which of course leads to the ongoing hilarity of Mayor E.B. Farnum). I realize Al's spoken strategy in this episode is most likely Milch's attempt to rationalize the puzzling historical outcome of McCall's trial, I don't think it holds up.
Josh Morrison I've always found this sort of thing to be a flaw in Deadwood that just needs to be accepted: it's not really a plot-driven show, and a lot of the time, the characters' plans and reasons don't make much sense.
June 30, 2011 at 1:23PM ESTDrew Except that Al didn't know that at the time. The magistrate doesn't tell him so until the ninth episode of the season. In the meantime, I think Al's thought process made sense. Since the camp was still illegal, there would be no reason for the government to recognize it, and while they're at it, maybe they don't recognize the miners' titles to their gold claims, as well.
June 30, 2011 at 2:18PM ESTThat being said, not all of Al's ideas, suspicions, and assumptions prove to be correct, as he already demonstrated with regards to Bullock, Star, and Hickok earlier in the season.
Norgard And even after the magistrate tells him, when Swearengen invites Bullock and Star to his meeting, he makes a point of emphasizing that the structure has to be informal at best as to not seem rebellious. Calling it US Government sounds noble and just, but Al views the people actually making the decisions as corrupt and greedy at best and childishly vicious at worst, a view that's borne out when Yankton makes its move at the beginning of the second season: the political machinations are all to the camp's disadvantage and motivated by Hearst. In this situation, Al figures appearing "civilized" is much less important than appearing non-threatening even in the least way.
June 30, 2011 at 5:13PM ESTRemember what Hearst says near the end of the series: "Elections cannot inconvenience me. They ratify my will, or I neuter them." If the camp had appeared too civilized, too structured for Hearst to ride roughshod over everyone, I imagine the annexation process would have been even less favourable to the existing residents. There wouldn't even have been any discussion of whether or not any claims would be recognized. The camp would have been painted as a rebellious entity and all claims would have been deemed illegal.
Whether or not a trial that isn't even connected to any ownership claims would have pissed off Yankton I can't say. They might not have cared. But Al's position is at the very least consistent throughout the episodes, and the later seasons somewhat justify his paranoia.
On the other hand, to add to Drew's thoughts, when Al talks to the magistrate in the ninth episode he clearly finds it difficult to deal with the politics. At one point he flat out demands a number he can just pay and be done with it. On the whole, an honest trial might have been better for the camp, but Al wasn't sure, and he sometimes reacts by basically doing nothing at all while telling himself that he's really figured out the angle no one else can see. That's also a running thread in the third season: the season would have ended on a very different note if Al hadn't constantly waffled on whether to send for more men and just done it; a decision that would have been beneficial in the long run no matter what.
Otto Man Excellent comment, Norgard. Thanks.
July 1, 2011 at 8:28AM ESTSarah Canada sort of had a real-life parallel to this shortly after the Red River rebellion – Thomas Scott, who did not recognize Louis Riel’s provisional government, basically dared him to put him on trial; having already pardoned one of Scott’s confederates, Riel feared pardoning Scott as well would look like weakness, so following a guilty verdict he was executed, at which point much of Canada flew into a rage that those savage Metis had killed a white man, and, well, everything went downhill from there.
July 5, 2011 at 2:57PM ESTI’d say that Al, being considerably cagier, is trying to have it both ways by putting McCall on trial, but making sure he isn’t actually condemned.
Hatfield
June 30, 2011 at 10:18AM EST Reply to CommentThe little talking-to that Al gives Jack after the trial is one of my favorite moments of the whole series, and was the part in the trailers for the show that always got stuck in my head. "Stick around, Jack, and I'll make mine." Good God, the language on this show is like writer's crack!
If we're talking about That Guys!, then surely we have to mention the eternally squirrely Marshall Bell as the judge and future magistrate. Love to hate that guy.
Hatfield Also, forgot to include this awesome Season 3 promo that uses the text that Smith recites in this episode: http://www.youtube.com/watch?v=1yyEIX1hXp0
June 30, 2011 at 10:25AM ESTI miss this show so much
Ed G. Season Three!!! NO SPOILERS ;)
June 30, 2011 at 10:58AM ESTmraupp "It's the paint, Jack. Right outside my joint. Run for your fucking life." Great stuff...
June 30, 2011 at 11:05PM ESTThirith
June 30, 2011 at 11:16AM EST Reply to CommentAs far as Merrick is concerned: he's definitely a figure of fun a lot of the time, but especially as the series progresses he's got a fair number of moments of astuteness, integrity and even heroism in his quiet way. E.B., on the other hand, seems to lose his strengths and (rare) positive qualities in favour of becoming a Shakespearean clown, especially in S3.
kendynamo
June 30, 2011 at 1:35PM EST Reply to CommentAW Merrick was my favorite. I practically stood up and cheered when Al was beating the crap out off Hearst's first flunkie and yelling "You beat that poor newspaper man!"
So he's naive. i would still join his ambulators club.
rowan729
June 30, 2011 at 3:31PM EST Reply to CommentBullock: That man is a lunatic. High water, he never made much sense, but now he just utters pure gibberish.
Star: Did he look pale to you?
B: How the f do I know if he was pale or not?
S: He looked pale to me.
B: So what if he was? Let's say he was. Will you shut up about it? What is my part, your part...What part of my part is your part? Is my foot your knee? What about your ear?
I had to quote it, especially since Alan brought up the Rev's service and this refers directly to that.....I think this is the first episode where I totally fell in love with the Bullock character-"What part of my part is your part?"-probably because I am often just as confused about bible quotes and their meaning-it's always pure gibberish to me! Also, it was clear he would be the one to make sure Jack met justice, which was the right thing to do even if it was an inconvenience. Watching it again now, I see shades of Raylan Givens' cocky nature in this verbal exchange with Star, and I wish Justified was back on air sooner!
Alan, I was certain your intro this week would be as soon as I apologize.....
As for the Milchisms, I just crack up at Al in this episode, especially as he yells at EB-"Stop f'n saying what I just said before in different f'n terms!"
I miss this show so much.
Godisapenguin I've basically quoted that conversation you highlighted on many occasions when someone keeps asking stupid question when I'm telling a story. One of my favorite line readings ever.
June 30, 2011 at 10:05PM ESTyoutalkfunny
June 30, 2011 at 5:45PM EST Reply to CommentI've *SO* been looking forward to this week. This is my favorite episode of the 36. Every single scene, every single line, even every single actor we meet this episode and never see again (the guy who drags Andy into the woods; Jack's lawyer; the kid Cy sends to Nebraska), you just can't speak highly enough about any of them.
--For fun, I've memorized Al's "Where's your cocksuckers' flag? Where's your fucking navy or the like?" speech. I never get tired of saying it out loud, though I can never, NEVER make it all the way through it without tripping over a word or two. How I.McS. could do it AND negotiate a flight of stairs at the same time will always leave me in wonder. He rocked this entire episode (well, he rocked the whole series, of course, but like I said, this episode is my favorite, and he's a big part of the reason why).
--"Hickok breaks my balls from the afterlife!" is a Hall of Fame line. So is, "That hardware cocksucker has been an on-going pain in my balls since him and his partner showed up." And I'll never forget being able to fend off my nagging mother with, "Anything else on your schedule that I'm behind on?" I could go on about the great lines in this episode for another ten minutes. "We'll be here till fucking CHRISTMAS!", "I don't want anything DONE that can't be UNDONE five minutes after this fiasco concludes! Clean where I can't see you! Go on, get fuckin'!", "And agitation brings a slight bump up in whiskey sales, but the sale of c*nt plummets."
--Billy Sanderson's soliloquy, his best scene in the show's run. He just can't keep his hands in his pockets, waving them around while dramatizing "fear of the Pinkertons!", wiping his brow over-dramatically. Love that guy, my favorite character on the show.
--Jeffrey Jones plays a much bigger role later in the series, but I think this was his best episode. The "please don't try to bribe me," line, his silent reactions during the trial, the toast he makes at the Gem, and above all, the chilling emotion in his voice when he repeats, "They turned him loose!"
--The only thing I couldn't get was the preacher's "parts is parts!" speech. They spent so much time on it, I knew it had to mean SOMETHING, but I could never figure it. Luckily, one DVD or other explained that the town needs all it's people, the same way the body needs all its parts--because that's what the show is about, that's who the main character is: not Al, not Seth, but THE TOWN. That's why Milch couldn't continue when the network wanted to cut his budget in half. The network told him, "Just lose all those extras and livestock, shoot interiors!", which of course would be impossible; it would be cutting out the main character, the town!
--Before the show premiered, two things in HBO's trailer had me excited about it: Last week's "Listen to the thunder.", and this week's exchange between two serious men:
"Sometimes I wish we could just hit 'em on the head, rob 'em, and dump their bodies in the creek."
"But that would be wrong!"
MadlyMild One of my favorite scenes in Buffy was the one where she said almost the exact same line. Same line, same perfection, wildly different show
July 1, 2011 at 10:51AM ESTsuneenart Heh - that was Faith in Buffy's body after stealing it with the mayor's device. She was speaking to the bathroom mirror, making faces and sticking out her tongue.
July 1, 2011 at 2:43PM ESTHow many ways did she practice saying "That would be wrong!"? Hilarious.
WaltEagle
June 30, 2011 at 7:11PM EST Reply to CommentThe Al/Trixie and Cy/Joanie relationships are again starkly contrasted in the episode "Suffer the Little Children", which focuses more on the differences between those relationships and kind of pushes both of them to the extreme.
Alex
June 30, 2011 at 10:00PM EST Reply to CommentThis episode was the one that cemented my growing love for this show. All the pieces started coming together and I felt more comfortable with all the characters.
The Reverend's sermon at the funeral remains my favorite scene in the whole of the series. I didn't have any problem following along, possibly because I've heard that passage in a few sermons before. But as wonderful and apt as that part of the speech is, I find the very beginning of his sermon quite moving and some of the best writing I've heard for a religious character on TV:
"Mr. Hickok will lie beside two brothers. One he likely killed, the other he killed for certain and he’s been killed now in turn. So much blood. And on the battlefields of the brother’s war, I saw more blood than this. And asked then after the purpose, and did not know. But know now to testify that, not knowing, I believe."
lazy
July 1, 2011 at 12:38PM EST Reply to Commentwas that a "Know your TSG" moment when you wrote "It's That Guy!"? He used it for JT Walsh some years back i believe
youtalkfunny TSG (The Sports Guy, Bill Simmons, for you non-nerds) has used That Guy for several veteran character actors whose face you recognize, but you never learn their names, such as That Guy who played Billy Zane's valet in Titanic, or That Guy who played Alphonse Giardella on NYPD Blue...while recently watching the beginning of the horrible sequel to Nolte's/Murphy's 48 Hours, I saw That Guy who played Captain Turner on Deadwood, driving a busload of prisoners!
July 1, 2011 at 6:15PM ESTsepinwall I'm pretty sure Sarah Bunting coined "Hey, It's That Guy!" it back in the Fametracker days:
July 1, 2011 at 8:11PM ESThttp://www.fametracker.com/hey_its_that_guy/
That's certainly where I learned of it.
Jim Beaver
July 2, 2011 at 5:36PM EST Reply to CommentI didn't have much to do in this episode, partly at my request. My daughter was having a brain scan that week and I asked David if he would write me out of some of the material I was scheduled to be in, and he graciously did so. (Be it known that events in my personal life were entering a tragic phase and that David Milch was being brilliantly and touchingly supportive. He's a very good man.)
What he wrote me out of was not very significant in terms of the plot or the specific characters. I was to be one of the men lined up to be considered for jury duty. I don't even remember what I would have said or done. But Ellsworth ended up on the jury nevertheless. I don't think he said anything in the entire episode, but I've always wondered exactly what was intended by the wink and nod stuff between Ellsworth and Swearengen during the trial. I confess I was awfully distracted in those days.
Filming the trial was long and difficult, due in some large measure to one of the actors playing a relatively minor character having great difficulty with his lines. Of course, if he'd been a regular actor on the show, I suspect David Milch would have simply given him a lot *more* lines. That's apparently what he did when it became clear that Billy Sanderson struggled occasionally with Farnum's monologs. The monologs just got longer! I think David, beneath his artistic devotion to duty, enjoys toying with actors, tweaking their sensibilities and sensitivities. Billy Sanderson, a terrifically talented guy, is the most nervous actor I've ever encountered, constantly sure he's about to be fired (something that has *never* happened to him). And I think David gave him plenty to worry about, even when there was nothing for him actually to worry about. When we get to the episode where Ellsworth and Joanie have their tete-a-tete, I'll relate one example of David doing the same sort of thing with me.
By the way, Alan, going through some old files last night, I found an ancient column in which you analyzed the first project I ever worked with Milch on, an episode of NYPD BLUE. I played Jesus Christ-as-a-truckdriver in a dream sequence, my first in-person experience of the magic art and intimidation involved with working with Milch. I was scared to death of him. Probably still am, a little.
Jim Beaver
youtalkfunny --I remember that NYPDB ep, I was shocked to rewatch it years later and shout, "Hey, that's Ellsworth!" "I said talk THROUGH me. Talk through ME." "That's Jesus Christ, Dad. Congratulations on pissing off Jesus Christ." Of course, watch enough NYPDB reruns, you'll encounter most of the Deadwood cast (my fav: either Garrett as a gay art house coffee-fetcher, or Zach as a grieving immigrant father)
July 2, 2011 at 7:23PM EST--Heh, hardly surprising Sanderson is "the most nervous actor" you know, that's probably how he got the part!
--Wow, bummer about your daughter, hope everything turned out OK. As Jed Bartlett once wisely opined, "I have three children. I don't know what to say."
nfieldr The episode of NYPD Blue was "Taillight's Last Gleaming" IIRC. That was one of my favorite episodes of that great series. Jim, it's a pleasure reading your comments. I really look forward to your insights in Alan's review each week.
July 3, 2011 at 1:58AM ESTJim Beaver
July 2, 2011 at 8:53PM EST Reply to CommentI forgot to mention that David Milch uses that scripture from Corinthians about the parts of the body in real life. On several occasions I heard him refer to it when talking to the cast about either the relationships of the characters or our collegial work as artists. His deep and detailed and immediate recall of Christian scripture is, in my experience, quite unusual for someone raised as a non-Christian. But David pans the world's literature for gold regardless of the source of the stream.
katherine pan the world's literature for gold regardless of the source of the stream
August 22, 2011 at 8:39PM ESTI like that a great deal
Julian
July 6, 2011 at 1:28AM EST Reply to CommentHey Jim, I just wanted to thank you, as I'm sure Alan has and others will, for taking the time out of your surely busy days to give us some truly fascinating insight into your time working on this modern masterpiece. I read most of what Alan writes and I find myself coming back to these columns every couple days to make sure I haven't missed any of your comments.
Thanks again and I look forward to your future comments!
P.S. I tried to put this as a reply to the last comment but was not able to log-in through the reply option
auntlavender
July 11, 2011 at 9:51AM EST Reply to CommentI'm coming late to this party, but I pulled season one out a few days ago and, happy accident, found this discussion.
As was already mentioned, this episode is perfection. I particularly loved the interaction between Sol Starr ans Bullock on their way back from Wild Bill's burial. Sol's refusal to take Bullocks abusive, misplaced tongue-lashing personally reveals the incredibly intimate nature of their relationship, reminding me of some long married couplles who know their partners so well, they know what's eating them before they do themselves ("I don't know Seth", "you don't know what?", "what you're supposed to do.")
When Bullock asks Sol to pack him a bag, without apology or explanation, the depth of their intimacy is revealed.
Also Jane in the woods with Andy Cramed. Their scenes are haunting. I love when Jane returns from the creek and pours water into Andy "yep, you're still here, coughing and choking just like the rest of us". It's heartbreaking when Jane breaks down, telling how she came upon the burial of "my poor fucking Bill."