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Despite his refined manner and remarkable intellect, the judge often proves to be among the most ruthless and bloodthirsty members of the gang.
It is strongly implied that he preys on children during their travels.
The next evening at another watering site, they have a surprise-attack shootout with the judge, who fires a non-fatal shot to Tobin's neck. As Tobin and the kid hide among bones near the desert creek, the judge delivers a speech about property rights (regarding the shot horses) and advises the kid to reveal himself.
Ignoring this, Tobin and the kid continue their travels, both wounded and much weakened. The next day the duo move off the trail and hide, hoping to let the judge pass them by.
After reaching through the cell bars to try to touch the kid, Holden leaves him alone, stating that he "has errands." The kid is released and seeks a doctor to treat his wound.He took them to an extinct volcano and improvised gunpowder from natural materials, enough to give them the advantage against their Apache pursuers.When the kid remembers seeing Holden in Nacogdoches, Tobin explains that each man in the gang claims to have met the judge at some point before joining Glanton's gang.The judge does repeatedly pass by them, quite near and initially unaware, but soon addresses them aloud, knowing they are hiding nearby.Although the kid has three easy clear-shot opportunities to shoot the judge, as Tobin strongly advises, he does not take the shots. Tobin and the kid are in quite bad shape and would likely have died out in the desert, but some benevolent Indians rescue them and they survive.