A Time to Kill (49 page)

“She thinks I’m cute, don’t she?”

“She says she does.”

“I think I’ll give it a shot,” he said with a straight face, then he smiled, then he burst into laughter with crumbs spraying the bookshelves.

The phone rang. Jake shook his head, and Harry Rex picked up the receiver. “He’s not here, but I’ll be
glad to give him the message.” He winked at Jake. “Yes sir, yes sir, uh huh, yes sir. It’s a terrible thing, ain’t it. Can you believe a man would do it? Yes sir, yes sir, I agree one hundred percent. Yes sir, and what’s your name, sir? Sir?” Harry Rex smiled at the receiver and laid it down.

“What’d he want?”

“Said you was a shame to the white race for being that nigger’s lawyer, and that he didn’t see how any lawyer could represent a nigger such as Hailey. And that he hoped the Klan got ahold of you, and if they didn’t he hoped the bar association looked into it and took away your license for helping niggers. Said he knew you were no ’count because you were trained by Lucien Wilbanks who lives with a nigger woman.”

“And you agreed with him!”

“Why not? He was really sincere, not hateful, and he feels better now that it’s off his chest.”

The phone rang again. Harry Rex snatched the receiver. “Jake Brigance, Attorney, Counselor, Consultant, Adviser, and Guru at Law.”

Jake left for the restroom. “Jake, it’s a reporter!” Harry Rex yelled.

“I’m on the potty.”

“He’s got the runs!” Harry Rex told the reporter.

At six—seven in Wilmington—Jake called Carla. She was awake, reading the paper, drinking coffee. He told her about Bud Twitty, and Mickey Mouse, and the promise of more violence. No, he wasn’t afraid of that. It did not bother him. He was afraid of the jury, of the twelve who would be chosen, and their reaction to him and his client. His only fear, at the moment, was of what the jury might do to his client. Everything else was irrelevant. For the first time, she did not mention coming home. He promised to call that night.

When he hung up, he heard a commotion downstairs. Ellen had arrived, and Harry Rex was talking loudly. She’s wearing a see-through blouse with a miniskirt, thought Jake as he walked downstairs. She was not. Harry Rex was congratulating her on dressing like a Southern woman with all the accessories. She was wearing a gray glen plaid suit with a V-necked jacket and short slim skirt. The silk blouse was black, and apparently the necessary garment was underneath. Her hair was pulled back and braided in some fashion. Incredibly, traces of mascara, eyeliner, and lipstick were visible. In the words of Harry Rex, she looked as much like a lawyer as a woman could look.

“Thanks, Harry Rex,” she said. “I wish I had your taste in clothes.”

“You look nice, Row Ark,” Jake said.

“So do you,” she said. She looked at Harry Rex, but said nothing.

“Please forgive us, Row Ark,” Harry Rex said. “We’re impressed because we had no idea you owned so many types of garments. We apologize for admiring you and we know how much this infuriates your little liberated heart. Yes, we’re sexist pigs, but you chose to come to the South. And in the South we, as a rule, drool over well-dressed attractive females, liberated or not.”

“What’s in the sack?” she said.

“Breakfast.”

She tore it open and unwrapped a sausage and biscuit. “No bagels?” she asked.

“What’s that?” asked Harry Rex.

“Forget it.”

Jake rubbed his hands together and tried to sound enthusiastic. “Well, now that we’ve gathered here three hours before trial, what would y’all like to do?”

“Let’s make some margaritas,” said Harry Rex.

“No!” said Jake.

“It’ll take the edge off.”

“Not me,” said Ellen. “This is business.”

Harry Rex unwrapped a biscuit, the last of the sack. “What happens first today?”

“After the sun comes up, we start the trial. At nine, Noose will say a few words to the jurors and we start the selection process.”

“How long will it take?” asked Ellen.

“Two or three days. In Mississippi, we have the right to interrogate each juror individually in chambers. That takes time.”

“Where do I sit and what do I do?”

“She certainly sounds experienced,” Harry Rex said to Jake. “Does she know where the courthouse is?”

“You do not sit at counsel table,” said Jake. “Just me and Carl Lee.”

She wiped her mouth. “I see. Just you and the defendant sitting alone, surrounded by the forces of evil, facing death alone.”

“Something like that.”

“My father uses that tactic occasionally.”

“I’m glad you approve. You’ll sit behind me, next to the railing. I’ll ask Noose to allow you into chambers for the private discussions.”

“What about me?” asked Harry Rex.

“Noose doesn’t like you, Harry Rex. He never has. He’d have a stroke if I asked if you could go in chambers. It’d be best if you pretended we’d never met.”

“Thanks.”

“But we do appreciate your assistance,” Ellen said.

“Up yours, Ellie Mae.”

“And you can still drink with us,” she said.

“And furnish the tequila.”

“There will be no more alcohol in this office,” Jake said.

“Until the noon recess,” said Harry Rex.

“I want you to stand behind the clerk’s table, just loiter about like you always do, and take notes on the jury. Try to match them with the notecards. There’ll probably be a hundred and twenty.”

“Whatever you say.”

________

Daybreak brought the army out in force. The barricades were reinstalled, and on each corner of the square soldiers clustered around the orange and white barrels blocking the street. They were poised and anxious, watching every car intently, waiting for the enemy to attack, wanting some excitement. Things stirred a little when a few of the vultures in their compact wagons and minivans with fancy logos on the doors appeared at seven-thirty. The troops surrounded the vehicles and informed everyone there would be no parking around the courthouse during the trial. The vultures disappeared down the side streets, then moments later reappeared on foot with their bulky cameras and equipment. Some set up camp on the front steps of the courthouse, others by the back door, and another group in the rotunda outside the main door of the courtroom on the second floor.

Murphy, the janitor and only real eyewitness to the killings of Cobb and Willard, informed the press, as best he could, that the courtroom would be opened at eight, and not a minute before. A line formed and soon circled the rotunda.

The church buses parked somewhere off the square, and the marchers were led slowly down Jackson Street by the ministers. They carried FREE CARL LEE signs and sang “We Shall Overcome” in a perfect chorus. As they neared the square, the soldiers heard them and the radios began squawking. Ozzie and the colonel conferred quickly, and the soldiers relaxed. The marchers were led by Ozzie to a section of the front lawn where they milled about and waited under the watchful eyes of the Mississippi National Guard.

At eight, a metal detector was moved to the front doors of the courtroom, and a trio of heavily armed deputies began slowly searching and admitting the crowd of spectators that now filled the rotunda and trailed off into the halls. Inside the courtroom, Prather directed traffic, seating people on the long pews on one side of the aisle while reserving the other side for the jurors. The front pew was reserved for the family, and the second row was filled with courtroom artists who immediately began sketching the bench and the bar and the portraits of Confederate heroes.

The Klan felt obligated to make its presence known on opening day, especially to the prospective jurors as they arrived. Two dozen Kluxers in full parade dress walked quietly onto Washington Street. They were immediately stopped and surrounded by soldiers. The potbellied colonel swaggered across the street and for the first time in his life came face to face with a white-robed and white-hooded Ku Klux Klansman, who happened to be a foot taller. He then noticed the cameras, which had gravitated to this confrontation, and the bully in him vanished. His usual bark and growl was instantly replaced by a high-pitched, nervous, trembling stutter that was incomprehensible even to himself.

Ozzie arrived and saved him. “Good mornin’, fellas,” he said coolly as he stepped beside the faltering colonel. “We’ve got you surrounded, and we’ve got you outnumbered. We also know we can’t keep you from being here.”

“That’s right,” said the leader.

“If you’ll just follow me and do as I say, we won’t have any trouble.”

They followed Ozzie and the colonel to a small area on the front lawn, where it was explained that this was their turf for the trial. Stay there and stay quiet, and the colonel would personally keep the troops off them. They agreed.

As expected, the sight of the white robes aroused the blacks who were some two hundred feet away. They began shouting: “Free Carl Lee! Free Carl Lee! Free Carl Lee!”

The Klansmen shook their fists and shouted back:

“Fry Carl Lee!”

“Fry Carl Lee!”

“Fry Carl Lee!”

Two rows of troops lined the main sidewalk that divided the lawn and led to the front steps. Another row stood between the sidewalk and the Klansmen, and one between the sidewalk and the blacks.

As the jurors began arriving, they walked briskly through the rows of soldiers. They clutched their summonses and listened in disbelief as the two groups screamed at each other.

The Honorable Rufus Buckley arrived in Clanton and politely informed the guardsmen of who he was and what that meant, and he was allowed to park in his spot marked RESERVED FOR D.A. next to the courthouse. The reporters went wild. This must be important, someone had broken through the barricade.

Buckley sat in his well-used Cadillac for a moment to allow the reporters to catch him. They surrounded him as he slammed the door. He smiled and smiled and made his way ever so slowly to the front door of the courthouse. The rapid fire of questions proved irresistible, and Buckley violated the gag order at least eight times, each time smiling and explaining that he could not answer the question he had just answered. Musgrove trailed behind carrying the great man’s briefcase.

________

Jake paced nervously in his office. The door was locked. Ellen was downstairs working on another brief. Harry Rex was at the Coffee Shop eating another breakfast and gossiping. The notecards were scattered on his desk, and he was tired of them. He flipped through a brief, then walked to the French doors. The shouting echoed through the open windows. He returned to the desk and studied the outline of his opening comments to the prospective jurors. The first impression was critical.

He lay on the couch, closed his eyes, and thought of a thousand things he’d rather be doing. For the most part, he enjoyed his work. But there were moments, frightening moments like this one, when he wished he’d become an insurance agent or a stockbroker. Or maybe even a tax lawyer. Surely those guys didn’t regularly suffer from nausea and diarrhea at critical moments in their careers.

Lucien had taught him that fear was good; fear was an ally; that every lawyer was afraid when he stood before a new jury and presented his case. It was okay to be afraid—just don’t show it. Jurors would not follow the lawyer with the quickest tongue or prettiest
words. They would not follow the sharpest dresser. They would not follow a clown or court jester. They would not follow the lawyer who preached the loudest or fought the hardest. Lucien had convinced him that jurors followed the lawyer who told the truth, regardless of his looks, words, or superficial abilities. A lawyer had to be himself in the courtroom, and if he was afraid, so be it. The jurors were afraid too.

Make friends with fear, Lucien always said, because it will not go away, and it will destroy you if left uncontrolled.

The fear hit deep in his bowels, and he walked carefully downstairs to the restroom.

“How are you, boss?” Ellen asked when he checked on her.

“Ready, I guess. We’ll leave in a minute.”

“There are some reporters waiting outside. I told them you had withdrawn from the case and left town.”

“At this moment, I wish I had.”

“Have you heard of Wendall Solomon?”

“Not right offhand.”

“He’s with the Southern Prisoner Defense Fund. I worked under him last summer. He’s tried over a hundred capital cases all over the South. He gets so nervous before a trial he can neither eat nor sleep. His doctor gives him sedatives, but he’s still so jumpy no one speaks to him on opening day. And that’s after a hundred of these trials.”

“How does your father handle it?”

“He has a couple of martinis with a Valium. Then he lies on his desk with the door locked and the lights off until it’s time for court. His nerves are ragged and he’s ill-tempered. Of course, a lot of that is natural.”

“So you know the feeling?”

“I know it well.”

“Do I look nervous?”

“You look tired. But you’ll do.”

Jake checked his watch. “Let’s go.”

The reporters on the sidewalk pounced on their prey. “No comment,” he insisted as he moved slowly across the street toward the courthouse. The barrage continued.

“Is it true you plan to ask for a mistrial?”

“I can’t do that until the trial starts.”

“Is it true the Klan has threatened you?”

“No comment.”

“Is it true you sent your family out of town until after the trial?”

Jake hesitated and glanced at the reporter. “No comment.”

“What do you think of the National Guard?”

“I’m proud of them.”

“Can your client get a fair trial in Ford County?”

Jake shook his head, then added, “No comment.”

A deputy stood guard a few feet from where the bodies had come to rest. He pointed at Ellen. “Who’s she, Jake?”

“She’s harmless. She’s with me.”

They ran up the rear stairs. Carl Lee sat alone at the defense table, his back to the packed courtroom. Jean Gillespie was busy checking in jurors while deputies roamed the aisles looking for anything suspicious. Jake greeted his client warmly, taking special care to shake his hand, smile broadly at him, and put his hand on his shoulder. Ellen unpacked the briefcases and neatly arranged the files on the table.