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The tension starts right at the beginning of this episode, with Clay awaiting the verdict in the trial of a man he has been appointed to defend. Clay wasn’t too happy about defending Ab Murdock, who is accused of murdering a local preacher, Reverend Johnson but knows everyone is entitled to a representation in a trial. Nora and a young boy, Tad, sit with others awaiting the verdict in the Fallen Angel Saloon. Tad is the stepson of Murdock, and is very worried about the verdict. They are joined by Mr. Dowd, whose wife was injured when Murdock ran away and she now lies in her bed, unmoving.
The evidence against Murdock was sparse, with only Gib testifying against Murdock. When the judge tells Murdock he has been found not guilty based on the evidence, Tad flees the saloon, with Nora yelling after him. Murdock laughs and turns to Gib, rubbing it in Gib’s disappointed face that he’s been found not guilty. Gib leaves the saloon angry and when he returns to his office, finds Tad waiting there for him. Tad tells Gib he’s afraid of his stepfather because he saw Murdock kill the Reverend who was a friend to Tad, he’d been having supper with the Reverend.
Murdock has been staying at Travers House and is waiting for Clay to sell Murdock’s ranch. Murdock thanks Nora for taking care of Tad during the trial and goes to his room. Judge Tennifree who was also staying at Travers House, is checking out just as Gib enters with Tad. They tell the judge that Tad was at Reverend Johnson’s the night he was killed, that Tad saw his stepfather kill the reverend. The judge questions Tad, asking if he had backed up his stepfather’s story that he left town days before the killing, and Tad agreed he did but says that Murdock didn’t return to the ranch til 2 days after the killing. He continues telling Gib, Nora and the Judge that Murdock appeared after supper, and he went out the back door, since his stepfather disliked the Reverend, and called him a hypocrite. Tad says saw the whole thing through the side window, saw Murdock hit the reverend with the poker, and he then ran off. Gib surmises to the Judge that when Murdock ran off, he spooked Mrs. Dowd’s horse, causing her injury. The Judge asked Tad why he kept quiet and Tad explained he thought Mrs. Dowd would get better and he was afraid of his stepfather. They assume that Gib will now arrest Murdock but the judge explains about double jeopardy, which prohibits a person from being tried twice for the same crime. He explains that because Murdock was found not guilty he cannot be tried for the murder of Reverend Johnson again. Gib is outraged by knowing he has to let a killer walk around free. The judge explains that’s the law and 100 witnesses couldn’t bring Murdock to trial over this murder again. Tad is now afraid that his stepfather will hear what he told Gib, but he tells him not to worry that Murdock won’t hurt him.
Gib and Clay, discuss double jeopardy protection, and Clay tells him it’s a good law because otherwise someone could be on trial many times for the same thing. Gib disagrees and tells Clay he shouldn’t have defended him. Clay explains he had no choice and it was the lack of proof that made the jury decided the way they did. Gib is still dissatisfied, and blames himself for not doing his job right, for not finding out the truth to give the jury, despite Clay’s reassurance that Gib did all he could. Clay says that he has a buyer for the ranch. Gib is angry that Clay is still working for Murdock, but Clay explains that half the ranch belongs to Tad, and he wants to make sure the boy gets his money by putting it in trust for him.
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When Gib gets back to his office, he’s faced with Mr. Dowd who asks if Tad’s story is true and what Gib plans to do. Gib says he can’t do anything. He challenges Gib saying his job is to protect people from killers like Murdock to which Gib says he doesn’t know what his job is or how to do it.
Murdock finds his son in Travers House and begins to beat him for the story he’s been spreading. Nora intervenes and Gib enters the hotel. Murdock rubs Gib’s face into the fact that he’s free because Gib couldn’t prove the crime and that Gib can’t do anything about it. Murdock then gives Nora his gun because he doesn’t want to face Gib in the street.
Gib now decides to arrest every person who makes a minor infraction of the law, since he says it was his lack of attention to the job that let Murdock go free. During an arrest which everyone says is overdone, Murdock steps up and tells everyone that sometimes a deputy makes a mistake, but they’re lucky to have Gib there. Gib makes it clear that he only takes orders from Marshal Grey in Santa Fe, who comes into town to try to stop Gib’s behavior. He tells Gib to forget Murdock, since he can’t arrest everyone else because of him. Gib says since he can’t obey the Marshal’s order, he throws down his badge.
Clay finds Gib in the saloon drowning his troubles in a bottle. Clay gives Gib back his badge which Gib won’t take. He tells Clay he wasted the last 5 years of his life wearing the badge. Clay returns to his office and finds Murdock there waiting to sign the papers on the ranch. It is revealed that Tad will be adopted by a local couple and that Murdock is mad he has to give any money to Tad. Clay pushes Murdock to sign the papers and leave.
Meanwhile, Mr. Dowd finds Gib in the saloon and tells him Mrs. Dow has died. He is angry that they can do nothing, and Gib tells him he turned in his badge. Dow is upset that no one cares that his wife is dead. Gib says he cares but the law won’t let him do anything.
Murdock tells Clay that Mrs Dowd has died about an hour ago. Gib then calls Murdock out into the street, now that Murdock is wearing his gun. Murdock won’t move to even touch his gun. Gib starts to hit Murdock telling him to draw and knocks him down.
Clay comes into the street and gives Gib back his badge and tells him to arrest Murdock for the murder of Mrs. Dowd. Murdock says it was an accident, but Clay points out the death was caused during the commission of a felony – the breaking and entry into the reverend’s house. They knew he broke in because the lock was broken, and Murdock just laughs asking what they will do about it. Clay reads the statute on felony murder that says even if a death occurs by accident during the commission of a felony, that death is considered murder. Gib arrests Murdock and thanks Culhane as he leads Murdock to jail.
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