"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, and found that he had disappeared." "What's his name?" said my pa real quick. "His name," said Major Abbott in a deep voice and very calm, "is Harold Carman." That was the man who was takin' the part of one of the sailors in "Pinafore"; and sure enough he had disappeared and no one knew where. So Major Abbott sat down in a satisfied way. Mitch says, "Why don't Temple Scott go on and tell that Joe Rainey shot at him?" "He don't have to," says I; "pa says no man has to testify against hisself, and you can't criticize him for it." "Against hisself," said Mitch. "Why if he, Joe Rainey, shot at him first, he'd be testifyin' for hisself, and not against hisself. He darn't testify," says Mitch. "It's a lie. Joe Rainey didn't shoot at him. I can just see right through this case." I believed Mitch, for besides everything else, he was the smartest boy I ever knew. Then the judge asked pa--"Any rebuttal?" And pa says, "Just a few things, your honor, but it's now ten minutes to twelve, and near adjournin' time, and if your honor will indulge me, I'd like to have court adjourn now till one o'clock." So the court said very well, and Sheriff Rutledge adjourned the court, and all the people began to go out. And then I see for the first time that mornin' that Mr. Miller was in the court room. He rose up as my pa came down the aisle and spoke to him, and they walked away together and up the hill, goin' home together with Mitch and me follerin'. When we got to our house pa says, "I'm goin' up to Mr. Miller's for dinner, you tell your ma." And they all went away together, Mr. Miller, my pa, and Mitch. CHAPTER XXII