Spoilers!!
We are supposed to feel that Max Sand has turned over a new leaf when he declines to kill Fitch at the end.
I think putting 3 bullets into Fitch (including one in each leg) and leaving him in a cold stream unable to crawl out condemns Fitch to a slow painful death. Max Sand does bear full responsibility for a killing even though he says "You're not worth killing."
I don't see how that is more merciful than killing Fitch outright.
I think the movie (tries to) makes it clear that Fitch's wounds weren't fatal.
shareRight. Painful and crippling, but not fatal.
shareThe hanging Fitch receives for the murder of the gold shipment guards will no doubt be fatal. Those gunshot wounds in the legs will make it VERY hard to elude the posse that will no doubt be looking for the robbers.
shareCrippling bullet wounds to the hands and legs does not in any sense equate to "regeneration". It's more just cynical laziness - Fitch is just "not worth" killing. Smith's lack of true regeneration makes it questionable if the film is worth watching all the way through.
shareTwo 45 slugs in both legs would have rendered him helpless and most probably would have bled to death anyway
shareI didn't feel he had turned over a new leaf; I thought it was even more brutal than if he had finished him off there and then.
I assumed that Fitch would still die... After all, if he didn't, then the ending invalidates the entire movie, since there would be no reason for Fitch not to come after Nevada Smith for revenge once he was fully recuperated.
"Your mother puts license plates in your underwear? How do you sit?!"
Gettin knee capped (especially in both knees)is one of the worst ways to get wounded. Your doomed to a life of utter pain. The IRA (Irish Republican Army) used to mete this out as punishment to people they didn't wanna kill but wanted to suffer.
shareIt doesn't matter for Max's "regeneration" what he does to Fitch.
Max is recruited for a violent robbery in which some people could get killed. In the eyes of the law, anyone who takes part in a crime that results in death is a murderer. Max does nothing to warn anyone about the planned robbery and prevent the deaths that might happen.
On the morning of the robbery, the leader says to shoot the guards to kill. The robbers are planning to kill all the guards.
Max should have changed his plans at that point. When alone with his partner, Max should have killed, disabled, or eluded him and made his way to a place where he could shoot at the robbers from ambush, preventing them from killing all the guards. Or he should have ridden to the gold wagon and warned them of the ambush ahead.
A man brave enough to risk his life in shoot outs for the evil purpose of revenge should be brave enough to risk his life to try to save the lives of other people.
So Max is guilty of letting the guards be murdered and is a murderer himself.
Max is also guilty of letting the other evil, murdering outlaws scatter with their loot. Who knows how many of them are at the beginning of criminal careers which may see them commit evil murders like those of Max's parents. Which could have been avoided if Max found a way to trap the outlaws.