Liberty might have been a clinical paranoid schizophrenic, as I believe he didn't think of himself as "evil" (though evil, he was) and relied on his two hechmen to hold him back when he became too violent. To Liberty, he was just doing his bit for the cattlemen's conglomerate, either ridding "cattle country" of "squatters" and newcomers or keeping them under control; "but then this meddling, tenderfoot upstart, Ransom Stoddard, comes along with all his college-boy talk about 'education, law and order' and upsetting our cozy little set-up" might be how Liberty would state his own point of view.
But I'm with the first respondent: I don't think any jury in its right mind would convict Tom or Ranse of outright murder. Liberty was the one who called out Ranse and everyone knew that Ranse didn't have a prayer. Tom probably could have killed Liberty in a more open manner and in the more "honorable" dueling customs of the Western code than he did, but he was more interested in giving Hallie a secure future than je was in either covertly OR openly killing Libety. And to some extent, Tom cared about Ranse, too, despite the love triangle with Hallie. I don't think that killing a man who is in the act of attempting to gun down a tenderfoot constitutes murder.
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