Democracy in Action: The Ox-Bow Incident

The Ox-Bow Incident (1943)

“Justice? What do you care about justice? You don't even care whether you've got the right men or not. All you know is you've lost something and somebody's got to be punished.” Donald Martin

”No person shall be held to answer for a capital, or otherwise infamous crime, … without due process of law; …”) Amendment V, US Constitution

Low bucks treatment of a contemporary novel, 1940’s Walter Van Tilburg Clark’s The Ox-Bow Incident, it is a heavy-handed message film that nonetheless maintains relevance today, mainly because of the gritty dark cinematography and short running time, punctuated with indelible performances by the ensemble cast, notably Jane Darwell, Dana Andrews, and Henry Fonda.

Directed by William A. “Wild Bill” Wellman (The Public Enemy, Beau Geste, Battleground) the movie stays quite close to the short ~ 200 page book that I recall reading in high school. Running only 75 minutes, the movie is full of iconic images with no heroic figures, unless you count that of Dana Andrews who plays one of the victims of the mob “justice.”

It is Nevada, 1885, according to the title card. A couple of dusty cowpokes Gil Carter and Art Croft (Henry Fonda and Henry “Harry” Morgan) are at the saloon when word comes a popular local has been killed and his cattle rustled. The local town idlers drum up a posse and Carter and Croft join it, not for any higher motives, but, because they are strangers, to make sure nobody thinks they did it.

A key point to notice is the working people are not present; the sheriff is away on business, so, a couple of ringleaders stir up the layabouts and browbeat the few people who try to inject reason into the debate. Soon enough, the posse forms up, led by the dead man’s friend and a bogus Confederate major with a Civil War uniform.

The posse is made up of a bunch of colorful characters, none more colorful than Ma Grier (Jane Darwell), a cackling she-devil who is out for blood and doesn’t mind who knows it. The major has a cowardly son that causes him severe mental anguish; a black man who sings hymns accompanies the posse and is probably the nicest person among them. They are in such a hurry they set out at night to catch the rustlers. They overtake a party of three men around a campfire in the middle of the night…

The men have 50 cattle and a gun that belonged to the deceased. That is enough evidence for the bloodthirsty gang that calls itself a posse.

One of the men, Donald Martin (Dana Andrews) says, “I have a right to a trial. A cowboy responds, “You’re getting a trial.” another one says, “So far the jury don’t like your story.” Martin replies, I’m not saying another word without a proper hearing.” Ma Grier says, “Suit yourself, son, but this is all the hearing you're likely to get short of the Last Judgment.”

It’s no use, anything the three men can say for themselves is automatically discounted by the mob. After the few questions raised by the more thoughtful men of the posse are dispensed with, they decide to wait till dawn to hang them so the doomed men can write letters and pray. A few more incidents happen, but the dawn’s early light is the last one they’ll ever see.

At dawn, there is a debate where the final decision is made to hang them; a democratic vote, 21 to 7. Afterwards, there is an epilog where a surprising discovery is made.

The movie has a mournful tone throughout and showcases the worst elements of human nature. The actors all performed admirably, the characters’ depraved natures written across their faces. Henry Fonda does get to do a little speechifying, but he backs down. He is not quite the white knight he played in 12 Angry Men.

The cinematography, by Arthur C. Miller, is expressionistic and similar to that seen in film noir movies of the same era. Because of the low budget, Wellman’s direction emphasizes the crowds, bunched up on the soundstage.

The DVD is from Fox, in 1.33:1 theatrical ratio, in black and white, and runs 75 minutes. The film has been restored and comparisons before and after are shown. There is a full length commentary and an A&E biography of Henry Fonda, as extra content.

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