A Time to Kill

18

Gwen did not have Lester’s number. Neither did Ozzie, nor did anyone else. The operator said there were two pages of Haileys in the Chicago phone book, at least a dozen Lester Haileys, and several L.S.’s. Jake asked for the first five Lester Haileys and called each one. They were all white. He called Tank Scales, the owner of one of the safer and finer black honky tonks in the county. Tank’s Tonk, as it was known. Lester was especially fond of the place. Tank was a client and often provided Jake with valuable and confidential information on various blacks, their dealings and whereabouts.

Tank stopped by the office Tuesday morning on the way to the bank.

“Have you seen Lester Hailey in the past two weeks?” Jake asked.

“Sure. Spent several days at the place shootin’ pool, drinkin’ beer. Went back to Chicago last week end, I heard. Must’ve, I didn’t see him all weekend.”

“Who was he with?”

“Hisself mostly.”

“What about Iris?”

“Yeah, he brung her a couple of times when Henry was outta town. Makes me nervous when he brings her. Henry’s a bad dude. He’d cut them both if he knew they’s datin’.”

“They’ve been doing it for ten years, Tank.”

“Yeah, she got two kids by Lester. Everbody knows it but Henry. Poor old Henry. He’ll find out one day, and you’ll have another murder case.”

“Listen, Tank, can you talk to Iris?”

“She don’t come in too often.”

“That’s not what I asked. I need Lester’s phone number in Chicago. I figure Iris knows it.”

“I’m sure she does. I think he sends her money.”

“Can you get it for me? I need to talk to Lester.”

“Sure, Jake. If she’s got it, I’ll get it.”

By Wednesday Jake’s office had returned to normal. Clients began to reappear. Ethel was especially sweet, or as sweet as possible for a cranky old nag. He went through the motions of practicing law, but the pain showed. He skipped the Coffee Shop each morning and avoided the courthouse by making Ethel do the filing or checking or whatever business required his presence across the street. He was embarrassed, humiliated, and troubled. It was difficult to concentrate on other cases. He contemplated a long vacation, but couldn’t afford it. Money was tight, and he was not motivated to work. He spent most of his time in his office doing little but watching the courthouse and the town square below.

He dwelt on Carl Lee, sitting in his cell a few blocks away, and asked himself a thousand times why he had been betrayed. He had pushed too hard for money, and forgot there were other lawyers willing to take the case for free. He hated Marsharfsky. He recalled the many times he had seen Marsharfsky parade in and out of Memphis courtrooms pro claiming the innocence and mistreatment of his pitiful, oppressed clients. Dope dealers, pimps, crooked politicians, and slimy corporate thugs. All guilty, all deserving of long prison terms, or perhaps even death. He was a yankee, with an obnoxious twang from somewhere in the upper Midwest. It would irritate anybody south of Memphis. An accomplished actor, he would look directly into the cameras and whine: “My client has been horribly abused by the Memphis police.” Jake had seen it a dozen times. “My client is completely, totally, absolutely innocent. He should not be on trial. My client is a model citizen, a taxpayer.” What about his four prior convictions for extortion? “He was framed by the FBI. Set up by the government. Besides, he’s paid his debt. He’s innocent this time.” Jake hated him, and to his recollection, he had lost as many as he had won.

By Wednesday afternoon, Marsharfsky had not been seen in Clanton. Ozzie promised to notify Jake if he showed up at the jail.

Circuit Court would be in session until Friday, and it would be respectful to meet briefly with Judge Noose and explain the circumstances of his departure from the case. His Honor was presiding over a civil case, and there was a good chance Buckley would be absent. He had to be absent. He could not be seen or heard.

Noose usually recessed for ten minutes around three-thirty, and precisely at that time Jake entered chambers through the side door. He had not been seen. He sat patiently by the window waiting for Ichabod to descend from the bench and stagger into the room. Five minutes later the door flung open, and His Honor walked in.

“Jake, how are you?” he asked.

“Fine, Judge. Can I have a minute?” Jake asked as he closed the door.

“Sure, sit down. What’s on your mind?” Noose removed his robe, threw it over a chair, and lay on top of the desk, knocking off books, files, and the telephone in the process. Once his gawky frame had ceased moving, he slowly folded his hands over his stomach, closed his eyes, and breathed deeply. “It’s my back, Jake. My doctor tells me to rest on a hard surface when possible.”

“Uh, sure, Judge. Should I leave?”

“No, no. What’s on your mind?”

“The Hailey case.”

“I thought so. I saw your motion. Found a new lawyer, huh?”

“Yes, sir. I had no idea it was coming. I expected to try the case in July.”

“You owe no apologies, Jake. The motion to withdraw will be granted. It’s not your fault. Hap pens all the time. Who’s the new guy Marsharfsky?”

“Yes, sir. From Memphis.”

“With a name like that he should be a hit in Ford County.”

“Yes, sir.” Almost as bad as Noose, thought Jake.

“He has no Mississippi license,” Jake explained helpfully.

“That’s interesting. Is he familiar with our procedure?”

“I’m not sure he’s ever tried a case in Mississippi. He told me he normally associates a local boy when he’s out in the country.”

“In the country?”

“That’s what he said.”

“Well, he’d better associate if he comes into my court. I’ve had some bad experiences with out-of-state attorneys, especially from Memphis.”

“Yes, sir.”

Noose was breathing harder, and Jake decided to leave. “Judge, I need to go. If I don’t see you in July, I’ll see you during the August term of court. Take care of your back.”

“Thanks, Jake. Take care.”

Jake almost made it to the rear door of the small office when the main door from the courtroom opened and the Honorable L. Winston Lotterhouse and another hatchet man from the Sullivan firm strutted into chambers.

“Well, hello, Jake,” Lotterhouse announced. “You know K. Peter Otter, our newest associate.”

“Nice to meet you, K. Peter,” replied Jake.

“Are we interrupting anything?”

“No, I was just leaving. Judge Noose is resting his back, and I was on my way out.”

“Sit down, gentlemen,” Noose said.

Lotterhouse smelled blood. “Say, Jake, I’m sure Walter Sullivan has informed you that our firm will serve as local counsel for Carl Lee Hailey.”

“I have heard.”

“I’m sorry it happened to you.”

“Your grief is overwhelming.”

“It does present an interesting case for our firm. We don’t get too many criminal cases, you know.”

“I know,” Jake said, looking for a hole to crawl in. “I need to run. Nice chatting with you, L. Winston. Nice meeting you, K. Peter. Tell J. Walter and F. Robert and all the boys I said hello.”

Jake slid out of the rear door of the courthouse and cursed himself for showing his face where he could get it slapped. He ran to his office.

“Has Tank Scales called?” he asked Ethel as he started up the stairs.

“No. But Mr. Buckley is waiting.”

Jake stopped on the first step. “Waiting where?” he asked without moving his jaws.

“Upstairs. In your office.”

He walked slowly to her desk and leaned across to within inches of her face. She had sinned, and she knew it.

He glared at her fiercely. “I didn’t know he had an appointment.” Again, the jaws did not move.

“He didn’t,” she replied, her eyes glued to the desk.

“I didn’t know he owned this building.”

She didn’t move, didn’t answer.

“I didn’t know he had a key to my office.”

Again, no movement, no answer.

He leaned closer. “I should fire you for this.”

Her lip quivered and she looked helpless.

“I’m sick of you, Ethel. Sick of your attitude, your voice, your insubordination. Sick of the way you treat people, sick of everything about you.”

Her eyes watered. “I’m sorry.”

“No you’re not. You know, and have known for years, that no one, no one in the world, not even my wife, goes up those stairs into my office if I’m not here.”

“He insisted.”

“He’s an ass. He gets paid for pushing people around. But not in this office.”

“Shhh. He can hear you.”

“I don’t care. He knows he’s an ass.”

He leaned even closer until their noses were six inches apart. “Would you like to keep your job, Ethel?”

She nodded, unable to speak.

“Then do exactly as I say. Go upstairs to my office, fetch Mr. Buckley, and lead him into the conference room, where I’ll meet him. And don’t ever do it again.”

Ethel wiped her face and ran up the stairs. Moments later the D.A. was seated in the conference room with the door closed. He waited.

Jake was next door in the small kitchen drinking orange juice and assessing Buckley. He drank slowly. After fifteen minutes he opened the door and entered the room. Buckley was seated at one end of the long conference table. Jake sat at the other end, far away.

“Hello, Rufus. What do you want?”

“Nice place you have here. Lucien’s old offices, I believe.”

“That’s right. What brings you here?”

“Just wanted to visit.”

“I’m very busy.”

“And I wanted to discuss the Hailey case.”

“Call Marsharfsky.”

“I was looking forward to the battle, especially with you on the other side. You’re a worthy adversary, Jake.”

“I’m honored.”

“Don’t get me wrong. I don’t like you, and I haven’t for a long time.”

“Since Lester Hailey.”

“Yeah, I guess you’re right. You won, but you cheated.”

“I won, that’s all that counts. And I didn’t cheat. You got caught with your pants down.”

“You cheated and Noose let you by with it.”

“Whatever. I don’t like you either.”

“Good. That makes me feel better. What do you know about Marsharfsky?”

“Is that the reason you’re here?”

“Could be.”

“I’ve never met the man, but if he was my father I wouldn’t tell you anything. What else do you want?”

“Surely you’ve talked to him.”

“We had some words on the phone. Don’t tell me you’re worried about him.”

“No. Just curious. He’s got a good reputation.”

“Yes, he does. You didn’t come here to discuss his reputation.”

“No, not really. I wanted to talk about the case.”

“What about it?”

“Chances for an acquittal, possible defenses, was he really insane. Things like that.”

“I thought you guaranteed a conviction. In front of the cameras, remember? Just after the indictment. One of your press conferences.”

“Do you miss the cameras already, Jake?”

“Relax, Rufus. I’m out of the game. The cameras are all yours, at least yours and Marsharfsky’s, and Walter Sullivan’s. Go get them, tiger. If I’ve stolen some of your spotlight, then I’m deeply sorry. I know how it hurts you.”

“Apology accepted. Has Marsharfsky been to town?”

“I don’t know.”

“He promised a press conference this week.”

“And you came here to talk about his press conference, right?”

“No, I wanted to discuss Hailey, but obviously you’re too busy.”

“That’s right. Plus I have nothing to discuss with you, Mr. Governor.”

“I resent that.”

“Why? You know it’s true. You’d prosecute your mother for a couple of headlines.”

Buckley stood and began pacing back and forth behind his chair. “I wish you were still on this case, Brigance,” he said, the volume increasing.

“So do I.”

“I’d teach you a few things about prosecuting murderers. I really wanted to clean your plow.”

“You haven’t been too successful in the past.”

“That’s why I wanted you on this one, Brigance. I wanted you so bad.” His face had returned to the deep red that was so familiar.

“There’ll be others, Governor.”

“Don’t call me that,” he shouted.

“It’s true, isn’t it, Governor. That’s why you chase the cameras so hard. Everybody knows it. There goes old Rufus, chasing cameras, running for governor. Sure it’s true.”

“I’m doing my job. Prosecuting thugs.”

“Carl Lee Hailey’s no thug.”

“Watch me burn him.”

“It won’t be that easy.”

“Watch me.”

“It takes twelve out of twelve.”

“No problem.”

“Just like your grand jury?”

Buckley froze in his tracks. He squinted his eyes and frowned at Jake. Three huge wrinkles creased neatly across his mammoth forehead. “What do you know about the grand jury?”

“As much as you do. One vote less and you’d have sucked eggs.”

“That’s not true!”

“Come on, Governor. You’re not talking to a reporter. I know exactly what happened. Knew it within hours.”

“I’ll tell Noose.”

“And I’ll tell the newspapers. That’ll look good before the trial.”

“You wouldn’t dare.”

“Not now. I have no reason to. I’ve been fired, remember? That’s the reason you’re here, right, Rufus? To remind me that I’m no longer on the case, but you are. To rub a little salt in the wounds. Okay, you’ve done it. Now I wish you’d leave. Go check on the grand jury. Or maybe there’s a reporter hanging around the courthouse. Just leave.”

“Gladly. I’m sorry I bothered.”

“Me too.”

Buckley opened the door leading into the hall, then stopped. “I lied, Jake. I’m tickled to death you’re not on this case.”

“I know you lied. But don’t count me out.”

“What does that mean?”

“Good day, Rufus.”

The Ford County grand jury had been busy, and by Thursday of the second week of the term Jake had been retained by two freshly indicted defendants. One was a black who cut another black at Massey’s Tonk back in April. Jake enjoyed the stabbings because acquittals were possible; just get an all-white jury full of rednecks who could care less if all niggers stabbed each other. They were just having a little fun down at the tonk, things got out of hand, one got stabbed, but didn’t die. No harm, no conviction. It was similar to the strategy Jake had learned with Lester Hailey. The new client promised fifteen hundred dollars, but first had to post bond.

The other new indictee was a white kid caught driving a stolen pickup. It was the third time he’d been caught in a stolen pickup, and there was no way to keep him out of Parchman for seven years.

Both were in jail, and their presence there afforded Jake the opportunity, and duty, to visit them and check with Ozzie. Late Thursday afternoon he found the sheriff in his office.

“Are you busy?” Jake asked. A hundred pounds of paper was strewn over the desk and onto the floor.

“No, just paperwork. Any more burnin’ crosses?”

“No, thank God. One’s enough.”

“I haven’t seen your friend from Memphis.”

“That’s strange,” said Jake. “I thought he would be here by now. Have you talked to Carl Lee?”

“Every day. He’s gettin’ nervous. The lawyer ain’t even called, Jake.”

“Good. Let him sweat. I don’t feel sorry for him.”

“You think he made a mistake?”

“I know he did. I know these rednecks around here, Ozzie, and I know how they act when you put them on a jury. They won’t be impressed by some slick-talking foreigner. You agree?”

“I don’t know. You’re the lawyer. I don’t doubt what you say, Jake. I’ve seen you work.”

“He’s not even licensed to practice in Mississippi. Judge Noose is laying for him. He hates out-of-state lawyers.”

“You’re kiddin’?”

“Nope. I talked to him yesterday.”

Ozzie looked disturbed and eyed Jake carefully. “You wanna see him?”

“Who?”

“Carl Lee.”

“No! I have no reason to see him.” Jake glanced in his briefcase. “I need to see Leroy Glass, aggravated assault.”

“You got Leroy?”

“Yeah. His folks came in this morning.”

“Follow me.”

Jake waited in the Intoxilyzer room while a trusty went for the new client. Leroy wore the standard Ford County jail issue of glow-in-the-dark orange coveralls. Pink sponge rollers shot in all directions from his scalp, and two long greasy cornrows clung to the back of his neck. His black leathery feet were protected from the dirty linoleum by a pair of lime green terry-cloth slides. No socks. A wicked, aged scar started next to his right earlobe, made the ridge over his cheekbone, and connected neatly with his right nostril. It proved beyond a reasonable doubt that Leroy was no stranger to stabbings and carvings. He wore it like a medal. He smoked Kools.

“Leroy, I’m Jake Brigance,” the lawyer introduced himself and pointed to a folding chair next to the Pepsi machine. “Your momma and brother hired me this morning.”

“Good to know you, Mr. Jake.”

A trusty waited in the hall by the door as Jake asked questions. He filled three pages of notes on Leroy Glass. Of primary interest, at least at this point, was money. How much did he have, and where could he find more. They would talk about the stabbing later. Aunts, uncles, brothers, sisters, friends, anyone with a job who might be able to make a loan. Jake took phone numbers.

“Who referred you to me?” Jake asked.

“Saw you on TV, Mr. Jake. You and Carl Lee Hailey.”

Jake was proud, but did not smile. Television was just part of his job. “You know Carl Lee?”

“Yeah, know Lester too. You’s Lester’s lawyer, wasn’t you?”

“Yes.”

“Me and Carl Lee in the same cell. Moved me last night.”

“You don’t say.”

“Yeah. He don’t talk much. He said you’s a real good lawyer and all, but he found somebody else from Memphis.”

“That’s right. What does he think of his new lawyer?”

“I don’t know, Mr. Jake. He was fussin’ this mornin’ cause the new lawyer ain’t been to see him yet. He say you come to see him all the time and talk ’bout the case, but the new lawyer, some funny name, ain’t even been down to meet him yet.”

Jake concealed his delight with a grim face, but it was difficult. “I’ll tell you something if you promise you won’t tell Carl Lee.”

“Okay.”

“His new lawyer can’t come to see him.”

“No! Why not?”

“Because he doesn’t have a license to practice law in Mississippi. He’s a Tennessee lawyer. He’ll get thrown out of court if he comes down here by himself. I’m afraid Carl Lee’s made a big mistake.”

“Why don’t you tell him?”

“Because he’s already fired me. I can’t give him advice anymore.”

“Somebody ought to.”

“You just promised you won’t, okay?”

“Okay. I won’t.”

“Promise?”

“I swear.”

“Good. I gotta go. I’ll meet with the bondsman in the morning, and maybe we’ll have you out in a day or so. Not a word to Carl Lee, right?”

“Right.”

Tank Scales was leaning on the Saab in the parking lot when Jake left the jail. He stepped on a cigarette butt and pulled a piece of paper from his shirt pocket. “Two numbers. Top one’s for home, bottom for work. But don’t call at work unless you have to.”

“Good work, Tank. Did you get them from Iris?”

“Yeah. She didn’t want to. She stopped by the tonk last night and I got her drunk.”

“I owe you one.”

“I’ll get it, sooner or later.”

It was dark, almost eight o’clock. Dinner was cold, but that was not unusual. That’s why he had bought her a microwave. She was accustomed to the hours and the warmed-over dinners, and she did not complain. They would eat when he came home, whether it was six or ten.

Jake drove from the jail to his office. He wouldn’t dare call Lester from home, not with Carla listening. He settled behind his desk and stared at the numbers Tank had located. Carl Lee had told him not to make this call. Why should he do it? Would it be solicitation? Unethical? Would it be unethical to call Lester and tell him that Carl Lee had fired him and hired another lawyer? No. And to answer Lester’s questions about the new lawyer? No. And to express concern? No. And to criticize the new lawyer? Probably not. Would it be unethical to encourage Lester to talk to his brother? No. And convince him to fire Marsharfsky? Probably so. And to rehire Jake? Yes, no doubt about it. That would be very unethical. What if he just called Lester and talked about Carl Lee and allowed the conversation to follow its own course.

“Hello.”

“Is there a Lester Hailey there?”

“Yes. Who’s calling?” came the accented reply from the Swede.

“Jake Brigance, from Mississippi.”

“One moment.”

Jake checked his watch. Eight-thirty. It was the same time in Chicago, wasn’t it?

“Jake!”

“Lester, how are you?”

“Fine, Jake. Tired, but fine. How ’bout you?”

“Great. Listen, have you talked to Carl Lee this week?”

“No. I left Friday, and I’ve been workin’ two shifts since Sunday. I ain’t had time for nothin’.”

“You seen the newspapers?”

“No. What’s happened?”

“You won’t believe it, Lester.”

“What is it, Jake?”

“Carl Lee fired me and hired a big-shot lawyer from Memphis.”

“What! You’re kiddin’? When?”

“Last Friday. I guess after you left. He didn’t bother to tell me. I read it in the Memphis paper Saturday morning.”

“He’s crazy. Why’d he do it, Jake? Who’d he hire?”

“You know a guy named Cat Bruster from Memphis?”

“Of course.”

“It’s his lawyer. Cat’s paying for it. He drove down from Memphis last Friday and saw Carl Lee at the jail. Next morning I saw my picture in the paper and read where I’ve been fired.”

“Who’s the lawyer?”

“Bo Marsharfsky.”

“He any good?”

“He’s a crook. He defends all the pimps and drug dealers in Memphis.”

“Sounds like a Polack.”

“He is. I think he’s from Chicago.”

“Yeah, bunch of Polacks up here. Does he talk like these?”

“Like he’s got a mouthful of hot grease. He’ll go over big in Ford County.”

“Stupid, stupid, stupid. Carl Lee never was too bright. I always had to think for him. Stupid, stupid.”

“Yeah, he’s made a mistake, Lester. You know what a murder trial is like because you’ve been there. You realize how important that jury is when they leave the courtroom and go to the jury room. Your life is in their hands. Twelve local people back there fighting and arguing over your case, your life. The jury’s the most important part. That’s why you gotta be able to talk to the jury.”

“That’s right, Jake. You can do it too.”

“I’m sure Marsharfsky can do it in Memphis, but not Ford County. Not in rural Mississippi. These people won’t trust him.”

“You’re right, Jake. I can’t believe he did it. He’s screwed up again.”

“He did it, Lester, and I’m worried about him.”

“Have you talked to him?”

“Last Saturday, after I saw the newspaper, I went straight to the jail. I asked him why, and he could not answer. He felt bad about it. I haven’t talked to him since then. But neither has Marsharfsky. He hasn’t found Clanton yet, and I understand Carl Lee’s upset. As far as I can tell, nothing has been done on the case this week.”

“Has Ozzie talked to him?”

“Yeah, but you know Ozzie. He’s not gonna say too much. He knows Bruster’s a crook and Marsharfsky’s a crook, but he won’t lean on Carl Lee.”

“Man oh man. I can’t believe it. He’s stupid if he thinks those rednecks’ll listen to some shyster from Memphis. Hell, Jake, they don’t trust the lawyers from Tyler County and it’s next door. Man oh man.”

Jake smiled at the receiver. So far, nothing unethical.

“What should I do, Jake?”

“I don’t know, Lester. He needs some help, and you’re the only one he’ll listen to. You know how headstrong he is.”

“I guess I’d better call him.”

No, thought Jake, it would be easier for Carl Lee to say no over the phone. Confrontation was needed between the brothers. A drive from Chicago would make an impact.

“I don’t think you’ll get very far over the phone. His mind’s made up. Only you can change it, and you can’t do it over the phone.”

Lester paused a few seconds while Jake waited anxiously. “What’s today?”

“Thursday, June 6.”

“Let’s see,” Lester mumbled. “I’m ten hours away. I work the four-to-midnight shift tomorrow and again Sunday. I could leave here midnight tomorrow, and be in Clanton by ten Saturday mornin’. Then I could leave early Sunday mornin’ and be back by four. That’s a lot of drivin’, but I can handle it.”

“It’s very important, Lester. I think it’s worth the trip.”

“Where will you be Saturday, Jake?”

“Here at the office.”

“Okay. I’ll go to the jail, and if I need you I’ll call the office.”

“Sounds good. One other thing, Lester. Carl Lee told me not to call you. Don’t mention it.”

“What’ll I tell him?”

“Tell him you called Iris, and she gave you the story.”

“Iris who?”

“Come on, Lester. It’s been common knowledge around here for years. Everybody knows it but her husband, and he’ll find out.”

“I hope not. We’ll have us another murder. You’ll have another client.”

“Please. I can’t keep the ones I’ve got. Call me Saturday.”

He ate from the microwave at ten-thirty. Hanna was asleep. They talked about Leroy Glass and the white kid in the stolen pickup. About Carl Lee, but not about Lester. She felt better, safer now that Carl Lee Hailey was behind them. No more calls. No more burning crosses. No more stares at church. There would be other cases, she promised. He said little; just ate and smiled.