away from her and went up-stairs; and
came runnin' down, that he went out, that she heard a shot, and then
later two shots of a different sound, that they all rushed to the door
and found Joe Rainey lyin' on the porch floor bleedin' and unconscious.

[Illustration: On the Street It Was Talked]

And my pa cross-questioned her and she rared up and said that Joe Rainey
had brought Temple Scott to her house in the first place and introduced
him and wanted him to come, and had him to meals, and that this talk of
her carin' for Temple Scott was a base slander and the work of mean
enemies. And that no gentleman would hint of such a thing. And as far as
her testifyin' at all in the case, she wanted to see justice done, and
to do it she went through this disagreeable experience, which was enough
to kill anybody. Finally pa asked: "Where is Joe Rainey's pistol?" And
she got mad and said, "I don't know where it is--nobody knows."

"Nobody knows," my pa asked quiet like.

"Nobody that I know of," she answered.

"Oh," said my pa.

Then Major Abbott sneered: "You got what you didn't want then." And the
judge said: "Gentlemen, you must be courteous to each other. There has
been entirely too much personalities in this case and it must stop."

Major Abbott got up to argue. The judge says: "There's nothing before
the court, Major Abbott. Proceed with the case."

And Major Abbott said again: "Your honor will allow me an exception."

"Let it be noted," said the judge, and so on.

Other witnesses testified for Temple Scott and it all came to the same
thing. There was three shots, and some testified that Joe Rainey had
threatened Temple Scott. So pa made these witnesses or most of 'em say
that they had been threatened too by Joe Rainey, and didn't believe he
meant it, and that they warn't afraid of him. Finally Major Abbott got
up and said: "We had a witness who saw Joe Rainey's pistol lying by the
side of the porch, where it had evidently fallen out of his hand. But he
has disappeared and we can't find where he is. With that out of the
case, the defense rests."

Mitch began to get more and more nervous and to kind of talk to himself.

Then the judge asked, "Major Abbott, did you subpoena this witness?"

"No," said Major Abbott. "We should have done so, I confess, and I
intended to. But I talked to him, he seemed entirely willing to testify;
nevertheless I intended to subpoena him the first of the month and got
ready to do so,