"When did you first tell this story you've just told here?"
"Never before," says Mitch.
"Did you talk to the State's Attorney about it?"
"Yes, sir."
"When?"
"This noon."
"Then you did tell it before you told it here."
"Yes, sir."
"What made you say you'd never told it before, Mitchie?"
"I thought you meant in any court."
"Did you tell it to any one before you told it to the State's
Attorney?"
"Yes, sir."
"Who?"
"My pa."
"When?"
[Illustration: Major Abbott Cross-examining Mitch]
"This morning."
"Uh, huh. And did you tell it to any one else?'
"No, sir."
"At no time?"
"No, sir."
"At no time between the night that Joe Rainey was killed and until you
told your father this morning?"
"No, sir."
"Why did you keep it to yourself?"
"For a lot of reasons."
"Didn't you know it was your duty under the law to tell what you claimed
to know?"
"I kind of thought so."
"So then you were neglecting your duty and knew that you were?"
"Maybe so."
"And didn't you know that when a case is tried, the witnesses for one
side are all heard together, and then the witnesses for the other?"
"Well, I know that now."
"And that it's the exception for a witness to be heard after one side of
the case, the side he belongs to, has closed its testimony?"
"I know that now."
"And you waited until this case was practically over and then offered
yourself?"
"Yes, sir."
"You were never subpoenaed?"
"Not in this case."
"What case were you subpoenaed in?"
"Doc Lyon."
"Did you testify?"
"No, sir."
"Why?"
"He killed hisself."
"And that let you out?"
"Yes, sir."
"You've been reading a book called 'Tom Sawyer,' haven't you?"
"Yes, sir."
"And he testified in a case and made a sensation?"
"Yes, sir."
"And you're makin' a sensation?"
"I suppose so."
"Just like Tom Sawyer?"
"Yes, sir."
"And you like it, don't you, Mitchie?"
"No, sir--I hate it."
"You're playin' the same part Tom Sawyer played?"
"I don't know."
"Did you hate it when you hid the pistol and didn't tell any one?"
"Yes, sir."
"And did you hate it up to the time you told your father?"
"Yes, sir."
"And you hate it now?"
"Yes, sir--but it's my duty."
Major Scott said to the judge, "I move to strike out those words 'but
it's my duty.'" The judge said, "stricken out," then Major Abbott said:
"Just answer my question and don't volunteer anything. Now, Mitchie,
isn't it true that you have been digging for treasure this summer like
Tom Sawyer in the woods hereabouts, and at Old Salem?"
"Yes, sir."
"And you expected to find it?"
"Yes, sir, and we did."
"You did?"
"Yes, sir."
"Well, tell me."
"We found more'n $2,000 in Old Man Bender's cellar, after his house
burned down."
"You're pretty rich, then?"
"No, the law took it away from us. It cheated to the county."
The audience broke into a laugh and the Sheriff called for order. Major
Abbott resumed.
"But after that you went on hunting for treasure, you and the son of the
State's Attorney?"
"Yes, sir."