Marie. They tried to kill Mr. Drewâs son, Mickey, as well, but he survived a gunshot wound to the stomach and provided the law with the information necessary to make the arrest.â
âIs this eyewitness in the courtroom today?â Judge Nesbit asked.
âHe is, Your Honor.â
âAnd will he testify?â
âHe will, Your Honor. I call him to the stand now.â
Gillespie walked over to help Mickey stand, then stepped back as he was sworn in.
âNow Mickey, you were an eyewitness to the murder of your father, mother, and sister, is that correct?â
âNo, sir.â
There was a gasp of surprise from the gallery.
âI didnât see my pa get killed,â Mickey said. âHe was already dead when me ân Jean Marie went into the house.â
âBut you did see two men standing over the body, did you not?â the prosecutor asked.
âYes, sir.â
âAre those men present in this courtroom?â
âYes, sir.â
âWould you point them out, please?â
âItâs them two over there.â Mickey pointed to Jaco and Putt.
âAnd would those also be the same men who shot you?â
âHeâs the one that shot me.â Mickey pointed to Jaco.
âAnd did you see these men kill your mother and your sister?â
âYes, sir.â
âNo further questions, Your Honor.â
Ethan Poindexter was the court-appointed defense counsel. âYoung man, were you shot before or after your mother and sister were killed?â
âI was shot before,â Mickey said.
âThen how is it you can testify that you saw these two men kill your mother and sister?â
âOn account of I wasnât kilt,â Mickey replied. âI was just playinâ like I was dead, but all the time I was lyinâ there, I was watchinâ what was happeninâ.â
âNo further questions,â Poindexter said, realizing that by asking that question he had only made the situation worse for his clients.
Gillespie rested his case, and Poindexter called a witness for the defense, a man named Benton, who claimed that he had come by the Drew ranch just before noon and that when he left, Jaco and Putt left with him.
âI donât know who shot the boy and kilt his folks, but it wasnât Jaco and Putt, seeinâ as they was both with me,â Benton said.
Poindexter surrendered his witness to Gillespie.
âMr. Benton, what is your motherâs name?â Gillespie asked.
Poindexter stood and shouted, âObjection, Your Honor. Irrelevant.
âYour Honor, I will establish relevancy,â Gillespie promised.
The judge nodded. âYou may continue. Witness is directed to answer the question.â
âWhat is your motherâs name, Mr. Benton?â the prosecutor repeated.
âShe donât have the same last name as me,â Benton said. âHer name is Miz Pittman.â
âWould her first name be Althea?â
Benton mumbled the answer.
Gillespie took a step forward. âIâm sorry, Mr. Benton. I didnât hear that answer.â
âYeah, her first name is Althea.â
âYour Honor, if it please the court, I would like to read a court document, dated two years previous. âQuestion: âWhat is your motherâs name? Answer: Althea Pittman.â The person responding to the questions in this case, Your Honor, was A. M. Jaco. Benton and Jaco are brothers, and I submit that Benton has just committed perjury in order to help his brother.â
âThat ainât true!â Benton said.
Gillespie faced the witness. âMr. Benton, you can go to prison for five years for lying or you can recant your statement now, and I wonât prosecute you. It is your decision.â
Benton looked over at Jaco. âBrother or not, I ainât goinâ to jail for you!â
âSo, Mr. Benton, Iâm going to ask you again. Did you stop by the Drew ranch,
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