Interior. Courthouse hallway. Day. A press of people in the hallway. Mr McEvoy comes along with Robert's attorney O C Jordan. Jordan has a briefcase in his hand and he is talking to the dazed father of the defendant.
JORDAN Chin up McEvoy, chin up. The boy has every confidence in us and we want you to feel the same.
MR MCEVOY They're trying to hang him.
JORDAN Tut tut, McEvoy. Tut tut. Far from being hanged we have every expectation of getting him off scot free.
MR MCEVOY I dont see why Bobby caint testify for hisself.
Jordan tucks the briefcase up under his arm and smiles at some of the people who are edging along the crowded hall past him.
JORDAN Worst mistake in the world, McEvoy. Worst mistake in the world. We wont get anywhere in an attempt to blacken the Gregg name. People dont want that. We’ve agreed with Mrs Gregg to call no female witnesses and I dont have to tell you that we have exacted every consideration from the family in exchange. Her anxiety to protect the family is one of the things most in our favor.
He nods and smiles to a man passing.
JORDAN Doctor.
He turns back to McEvoy.
JORDAN All the law dont go on in the courts, McEvoy. And I’m sure I dont have to tell you that.
At the end of the hallway they are stopped by a constable.
CONSTABLE MrMcEvoy.
McEvoy and Jordan halt.
CONSTABLE Mr McEvoy you got to see to your affairs at home, sir. Your wife . . .
Jordan looks at McEvoy
CONSTABLE I dont want to have to get a court order, but those people are entitled to some consideration. They can detect her four houses down. I hate to be so forward, but they’re your neighbors. Not to mention your Christian duty . . .
MCEVOY I’ll tend to it.
CONSTABLE I know you’ve had all this trouble . . .
McEvoy fidgets with his cap and then suddenly puts one hand to his face. Jordan nods to the Constable that everything will be taken care of and takes McEvoy by the arm and they go out the door past the crowds.
Interior. Aiken County courthouse. Prosecutor Wiggins is listening with his head bowed like a confessor, nodding sagely, hand at his mouth. On the witness stand is Captain Giles.
CAPT. GILES No sir. He fired the last shot from the door. I saw Captain Gregg cross the room towards the safe. I accosted McEvoy and he said that he’d shoot any man that drew a pistol on him. He ran out the door and Captain Gregg came to the door and fired once after him and then there was another shot from the street and Captain Gregg collapsed.
MR WIGGINS Captain Giles, did you see a pistol in Captain Gregg’s hand when you first saw him in his office after McEvoy fired?
CAPT. GILES No sir, I did not. I believe he must of got it from the safe. Dont know that Captain Gregg was in the habit of going armed.
Interior. Courtroom. Dr Campbell on witness stand.
DR CAMPBELL He asked me what I thought of his condition and I told him, James, I said, you know gunshot wounds in the abdomen are very uncertain, and he said: If you say so, I will die certain. Then I asked him if he meant his statement about the shooting to be a dying declaration and he said yes, said he did. He said he had two policies of life insurance and he wanted to show that he hadnt started the difficulty. I was present on the train when his declaration was read back to him. He was in pain and very weak but he was able to sign it under oath.
Robert McEvoy at table with his lawyers is chewing tobacco. He leans and spits carefully into a spitoon at his feet and continues chewing.
Interior. Courtroom. Stark Sims (office boy) on stand.
JORDAN Who do you work for, son?
STARK SIMS I work for Mr Giles. I dont know who was there fore me. I do what he tells me. Otherwise I’d get turned off.
JORDAN And what are your duties?
STARK SIMS I go for the mail when the train comes. I bring the freight bills. Eat my meals at home.
JORDAN And you saw Robert McEvoy shoot Captain Gregg.
STARK SIMS Yes sir. Just like I done told it. I’d done eat. I’d been back about twenty minutes.
JORDAN And when the shooting started you just stood there? You didnt take cover?
STARK SIMS They wasnt nobody shootin at me.
JORDAN I see. Thank you.
W J Whipper (black counsel for the defense) rises.
WHIPPER I’d like to examine the witness if I may.
Jordan looks at him with surprise, gives a slight bow, not quite disdainful', and relinquishes the platform to Whipper.
WHIPPER Master Sims, did you also run errands for Captain Gregg?
STARK SIMS Yessir. For him and Captain Giles both.
WHIPPER Did Captain Gregg ever give you messages to take to any of the girls in the mill?
Counselor Jordan, sitting at his table, raises his eyebrows. The prosecutor looks toward Jordan.
STARK SIMS Yessir.
WHIPPER And what did those messages say?
STARK SIMS I dont know.
WHIPPER You dont know.
WHIPPER Were the notes sealed?
STARK SIMS No sir.