Mrs. Rainey was in the court, sittin' behind the railing. Temple Scott
sat behind Major Abbott at the trial table. My pa was on the other side,
and Sheriff Rutledge kept runnin' in and out, bringin' in witnesses.
They had Temple Scott's pistol there with two chambers empty, and the
bullets which had been taken out of Joe Rainey's body, the same size as
in Temple Scott's pistol. And they had a statement which Joe Rainey had
made just before he died in which he swore that he didn't have no
pistol, that he came just inside the door, thinkin' he would go to bed
and leave Temple Scott, and then he came right out in order to quiet him
and tell him he didn't mean anything and was his friend.
"That's the truth," says Mitch, "and I'll bet on it." This statement of
Joe Rainey said that they had been playing cards and was friendly till
they got out on the street, when he asked Scott not to come around his
house any more, that he liked him and could be friends with him, but he
didn't want him to visit any more with Mrs. Rainey. Mitch says: "I heard
pa and ma talk about this and they said Temple Scott wanted to marry
Mrs. Rainey." Well, that seemed to kind of get in the case without
anybody testifyin' to it, exactly. The court room seemed to breathe that
idea, and on the streets it was talked.
Finally Major Abbott stated his side of the case, and he put Mrs. Rainey
on the witness stand, and she said Joe Rainey had come in the house and
asked for his pistol, that she took hold of him and said, "You mustn't
get your pistol," that he tore 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."