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'."
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.