A second witness swore that he called at Andrews' cabin on the 15th and the wife had fresh pork in a kettle. He asked if Tom had been killing and she seemed confused and did not reply. That was the case for the prosecution. It looked slim in one sense, and yet everybody knew that Andrews was a shiftless, suspicious character not above hog stealing. When the opposing counsel got hold of the plaintiff he asked:
"Was this hog ranging the country?"
"Yes, he was loosely about and around."
"Went where he pleased, didn't he?"
"Reckon he did."
"Well, how do you know he is dead? How far have you hunted for him?"
"Three miles."
"But he may be alive and well and four miles away."
"Couldn't be. Tom Andrews killed him."
"That's only your suspicion. Can you swear that that hog isn't home this very minute?"