CHAPTER XXI

Everything seemed changed now. My ma wasn't the same, the house wasn't

the same; Myrtle was talkin' about girls and boys I didn't know. Maud

Fisher had come back from Chicago where she had visited and Myrtle was

goin' up the hill to see her. Maud lived in a great brick house that

looked like a castle. Her pa was one of the richest men in town and they

lived splendid.

And Mitch was changed too. We hadn't found the treasure; we had been

cheated out of our trip to St. Louis, for they wouldn't let us go back

to Havaner to get the boat; we hadn't seen Tom Sawyer. And Mr. Miller

had told Mitch a lot of stories of Shakespeare and had set him to

readin', and Mitch had read a lot of it, and told me about Hamlet who

lost his father, and killed his step-father, and saw his mother drink

poison; and had lost his girl too, and lost everything. And Mitch says,

"Pa says that is about the way. This life is sorrow, you always lose,

you never win, and if you do, it's worse'n if you lost; and you're just

bein' put through a kind of schoolin' for somethin' else. For if you

have trouble, then you are made wise and kind, maybe, or at least you

can be; and so there's something after this life where you can use your

mind as it has been made better by this life."

Well, you see, I couldn't believe this. How about John Armstrong and

Col. Lambkin, and the captain? Warn't they happy? Wasn't my grandma

happy and my grandpa? There must be a way. Some folks must have luck,

even if others don't; so I did my best to cheer Mitch up.

But now we was separated a good deal. For to watch me, pa took me to his

office where I had to sit all day mostly, and tell where he was, if I

knew; and run errands, go over to the clerk's office for papers. And

just now there was a good deal to do for court was comin' on, and they

were getting ready to try Temple Scott for killin' Joe Rainey.

At last the judge came. He came right in to see my pa. He lived way off

in Jerseyville in a different county. I don't believe Mitch and me was

ever any gladder to see each other than pa and the judge. They talked

politics and cases and about makin' speeches to juries; and they agreed

that when you get up to talk you don't know what you are goin' to say,

but you get started and you know when you get the swing, and are really

cuttin' ice. So the judge was invited to our house for dinner, and ma

bought a new lamp for the center table on account of it; and Myrtle was

all dressed up, and so was I. And ma put on a lot of airs, stretchin'

things a lot about her folks and her do'n's in society and pa's

wonderful speeches--some the judge hadn't heard. And pa told some

stories that I had heard him tell before; and when the judge spoke,

every one was quiet and scared like, even pa seemed a little

embarrassed. The judge asked me if I was goin' to be a lawyer, and I

said no, a steamboat captain. Then they all laughed and pa said:

"There's a story about that that I'll tell you, judge." Then I blushed

and Myrtle giggled and ma looked mad, because she was really ashamed of

me.

And finally the court opened. I went up to see what it was like. There

sat the judge on a high seat. And different lawyers would get up and

say, "Docket number 8020" or somethin'. And the judge would turn over

the leaves of a book and say, "Kelly _vs._ Graves," or somethin' and

wait. Then the lawyer would say, "Default of Nora Kennedy" or somethin'.

Then the judge would write, and so on. And my pa acted as if he didn't

know the judge at all. He always said "your honor," and the judge didn't

call him Hardy like he did at our house, but always Mr. Kirby. Nobody

could tell they knew each other.

The town was chuck full of people. Watermelon rinds was all over the

court house yard and there was lots of fights and men gettin' drunk; and

after a few days, the court room was full of people watchin' the court

proceedings. It was lots better than a theater, though not so good as a

circus. I got hold of Mitch finally and he came and sat with me. He got

interested after a while, and whatever he got interested in, he watched

and liked better than anybody. But one day when we was there my pa got

up and told the judge he was ready to try Temple Scott for killin' Joe

Rainey. Then a little man, wearin' nose glasses, awful cunnin' lookin',

with a soft voice, which he could make deep when he wanted to, said he

was ready. He was Major Abbott, Temple Scott's lawyer. And so the case

started.

It went on several days with lots of witnesses testifyin'--all the

people who practiced "Pinafore" that night told about hearing the shots.

And this little lawyer whose name was Major Abbott, as I said, asked

every one, "How many shots did you hear?" Most of 'em said two; but some

said they couldn't remember; and he made some of 'em say they heard

three shots. They had found two bullets in Joe Rainey, and the point

seemed to be that the other shot was fired by Joe Rainey; for pa said to

me one day when we was walkin' home at noon that the defense was that

Joe Rainey fired at Temple Scott first.

[Illustration: Major Abbott]

Then Major Abbott cross-questioned the witnesses about whether they saw

Joe Rainey come into the house and go out just before he was killed. And

most of 'em said yes. And then he tried to get 'em to say that they saw

Joe Rainey go up-stairs and come down and go out; but none of 'em would

say this. Then he'd ask 'em if they didn't hear Joe Rainey say, "Where's

my pistol?" speakin' to his wife; and if she didn't say, "You can't have

it," and take hold of him, and if he didn't pull away from her and go

up-stairs and come down; and then if they didn't hear a shot as if it

was fired from the porch followed by two shots. But he couldn't get the

witnesses to say this, though he asked a lot of questions and worried

'em and tangled 'em about different things. And once in a while my pa

would say, "I object, your honor." And the judge would say mostly

"sustained," and Major Abbott would say, "Your honor will allow me an

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

All the time Mitch kept twistin' in his seat and sayin', "He's tryin' to

get 'em to lie. That's what he's doin'."

[Illustration: Mrs. Rainey in Court]

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."

"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.

Mitch Miller · 第 21 / 30 章