instigation of the devil on the twentieth day of April in the year of our Lord one thousand eight hundred and seventy six with force of arms at Graniteville in the county and state aforesaid in and upon one James J Gregg in the peace of God and of this state then and there being, did make an assault and that he, the said Robert McEvoy, a certain pistol of the value of five dollars, then and there loaded with gunpowder, and divers leaden balls, which pistol he the said Robert McEvoy then and there had and held to, against, and upon the said James J Gregg, then and there feloniously willfully and of his malice aforethought did shoot and discharge and that he the said Robert McEvoy with the leaden balls aforesaid out of the pistol aforesaid then and there by force of the gunpowder shot and sent forth at aforesaid the said James J Gregg in and upon the chest and in and upon the left side of the abdomen of him the said James J Gregg, then and there feloniously willfully and of his malice aforethought did strike penetrate and wound, giving unto the said James J Gregg, then and there with the leaden balls as aforesaid sent forth out of the pistol aforesaid, divers mortal wounds of the depth of six inches and of the breadth of two inches each, of which said mortal wounds he the said James J Gregg, from the twentieth day of April in the year one thousand eight hundred and seventy six until the twenty first of April in the year last aforesaid at Augusta in the county of Richmond in the state of Georgia did languish and languishing did die. And so the jurors aforesaid upon their oaths aforesaid do say that the said Robert McEvoy the said James J Gregg in manner and form as aforesaid feloniously and willfully and of his malice aforethought did kill and murder, against the form of the Act of the General Assembly of this state and against the peace and dignity of the state of South Carolina.
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.
J ORDAN Chin up McEvoy, chin up. The boy has every confidence in us and we want you to feel the same.
M R M C E VOY They're trying to hang him.
J ORDAN Tut tut, McEvoy. Tut tut. Far from being hanged we have every expectation of getting him off scot free.
M R M C E VOY 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.
J ORDAN 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.
J ORDAN Doctor.
He turns back to McEvoy.
J ORDAN 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.
C ONSTABLE MrMcEvoy.
McEvoy and Jordan halt.
C ONSTABLE Mr McEvoy you got to see to your affairs at home, sir. Your wife . . .
Jordan looks at McEvoy
C ONSTABLE 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 . . .
M C E VOY I’ll tend to it.
C ONSTABLE 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