Chapter Twenty-two
Gilmore had three witnesses for the prosecution, all of whom worked for Pogue Quentin, and all of whom claimed that Pearlie started the fight by hitting Billy Ray over the head. Jerry Kelly claimed that when Billy Ray came in through the door carrying the shotgun, Pearlie shot at him first.
Murchison countered with half a dozen witnesses. Doc Patterson testified that it was Billy Ray who got angry first and drew his gun on Pearlie.
“Pearlie could have shot him right then if he had wanted to,” Doc said. “But instead of shooting him, he hit him over the head and took away his pistol.”
Deckert substantiated Doc’s account, then went on to say that Billy Ray had charged back into the saloon brandishing a shotgun.
“Billy Ray saw Pearlie standing at the bar and he just opened up on him without so much as a by-your-leave. I swear to you, I don’t know how Pearlie managed to escape getting killed,” Deckert said.
The testimonies of Evans, Lenny, and Mary Lou concurred with Deckert’s account. All said that Pearlie did not shoot back until it was obvious that Billy Ray was about to shoot the other barrel.
“And he wouldn’t have missed this time,” Lenny said.
Gilmore’s questioning of Doc, Deckert, Evans, and Lenny was perfunctory. It wasn’t until Mary Lou took the stand that his questions became more intense.
“Miss Culpepper, do you expect the court to believe that you were in the saloon at the time of the shooting?” Gilmore asked during his cross examination.
“Yes, I expect the court to believe I was there because I was,” Mary Lou replied.
“But you are a woman, Miss Culpepper. What on earth would you be doing in the saloon? The New York Saloon is not a place normally habituated by women, is it?”
“I was working in the saloon,” Mary Lou said. “I was serving drinks.”
“You were serving drinks?”
“Yes, sir.”
“What else did you do?”
“I don’t understand.”
“Oh, I’m sure you do understand.”
“No, I don’t.”
“Isn’t it true, Miss Culpepper, that you are a whore?”
“Objection, Your Honor, the question is irrelevant,” Murchison called out.
“Your Honor, goes to character,” Gilmore replied. “If this woman is a whore, then her entire character can be questioned. For example, can she be trusted to tell the truth?”
“Witness will answer the question.”
“Are you a whore?”
“
“That’s my question.”
Mary Lou stared directly into Gilmore’s eyes before she answered.
“No,” she said resolutely.
Gilmore had turned toward the jury, but hearing her answer, he spun back toward her. “You are under oath, Miss Culpepper. Now, I will ask you again.
“No.”
“Miss Culpepper,” Gilmore started, but he was interrupted by Murchison.
“Objection, Your Honor, question was asked and answered.”
“Sustained. Get on with your cross-examination, Counselor,” McCabe said.
“Miss Culpepper, there is a scar on your nose and though it has nearly cleared up, it is obvious that both of your eyes were recently blackened. How did you get those injuries?”
“Billy Ray hit me.”
“Why did he hit you?”
Mary Lou didn’t answer.
“Your Honor, please instruct the witness to respond.”
“Answer the question, Miss Culpepper,” McCabe said.
“He hit me because I wouldn’t go upstairs with him.”
“Did he have a reasonable expectation that you would go upstairs with him? My question is, did you sometimes go upstairs with others?”
“Sometimes I went upstairs with others,” Mary Lou replied.
