What was the need for waiting for the US Marshal? The shooting was not a federal crime and Wayne is the Sheriff of Presidio County. Why would this not be tried in a state district court? I guess maybe it was a was simply a plot device so that Wayne and others would have to sit and wait so things could happen. Any guesses out there?
shareWhy didn't Nathan Burdette wait for the US Marshall and then he and his men could have easily "relieved" his brother from the lawman? That's the REAL question. Out in the open and outnumbered it would have been a LOT easier than trying to take on a fortified position!
shareAttacking a federal officer would not be a good idea. In fact, the writers may have invented this plot device so that Nathan Burdette would have to act before the marshal arrived. Because once the marshal took custody there would be nothing Burdette could do unless he wanted the full power of the federal government forced on him. Taking on the sheriff of a small rural county is one thing, taking on the U.S. Government is quite another. Still, there is no legal reason that I know of that would require federal intervention in a murder case. The only possible exception is that if this event occurred during the post-Civil War Reconstruction Period, then maybe a federal officer would be required to take custody of the prisoner.