A Time to Kill

20

Not long after Lester disappeared, Jake staggered down his driveway in his bathrobe to get the Sunday papers. Clanton was an hour southeast of Memphis, three hours north of Jackson, and forty-five minutes from Tupelo. All three cities had daily papers with fat Sunday editions that were available in Clanton. Jake had long subscribed to all three, and was now glad he did so Carla would have plenty of material for her scrapbook. He spread the papers and began the task of plowing through five inches of print. Nothing in the Jackson paper. He hoped Richard Flay had reported something. He should have spent more time with him outside the jail. Nothing from Memphis. Nothing from Tupelo. Jake was not surprised, just hopeful that somehow the story had been discovered. But it happened too late yesterday. Maybe Monday. He was tired of hiding; tired of feeling embarrassed. Until it was in the papers and read by the boys at the Coffee Shop, and the people at church, and the other lawyers, including Buckley and Sullivan and Lotterhouse, until everybody knew it was his case again, he would stay quiet and out of view. How should he tell Sullivan? Carl Lee would call Marsharfsky, or the pimp, probably the pimp, who would then call Marsharfsky with the news. What kind of press release would Marsharfsky write for that? Then the great lawyer would call Walter Sullivan with the wonderful news. That should happen Monday morning, if not sooner. Word would spread quickly throughout the Sullivan firm, and the senior partners, junior partners, and little associates would all gather in the long, mahogany-laced conference room and curse Brigance and his low ethics and tactics. The associates would try to impress their bosses by spouting rules and code numbers of ethics Brigance probably violated. Jake hated them, every one of them. He would send Sullivan a short, curt letter with a copy to Lotterhouse.

He wouldn’t call or write Buckley. He would be in shock after he saw the paper. A letter to Judge Noose with a copy to Buckley would work fine. He would not honor him with a personal letter.

Jake had a thought, then hesitated, then dialed Lucien’s number. It was a few minutes after seven. The nurse/maid/bartender answered the phone.

“Sallie?”

“Yes.”

“This is Jake. Is Lucien awake?”

“Just a moment.” She rolled over and handed the phone to Lucien.

“Hello.”

“Lucien, it’s Jake.”

“Yeah, whatta you want?”

“Good news. Carl Lee Hailey rehired me yesterday. The case is mine again.”

“Which case?”

“The Hailey case!”

“Oh, the vigilante. He’s yours?”

“As of yesterday. We’ve got work to do.”

“When’s the trial? July sometime?”

“Twenty-second.”

“That’s pretty close. What’s priority?”

“A psychiatrist. A cheap one who’ll say anything.”

“I know just the man,” said Lucien.

“Good. Get busy. I’ll call in a couple of days.”

Carla awoke at a decent hour and found her husband in the kitchen with newspapers strewn over and under the breakfast table. She made fresh coffee and, without a word, sat across the table. He smiled at her and continued reading.

“What time did you get up?” she asked.

“Five-thirty.”

“Why so early? It’s Sunday.”

“I couldn’t sleep.”

“Too excited?”

Jake lowered the paper. “As a matter of fact, I am excited. Very excited. It’s too bad the excitement will not be shared.”

“I’m sorry about last night.”

“You don’t have to apologize. I know how you feel. Your problem is that you only look at the negative, never the positive. You have no idea what this case can do for us.”

“Jake, this case scares me. The phone calls, the threats, the burning cross. If the case means a million dollars, is it worth it if something happens?”

“Nothing will happen. We’ll get some more threats and they’ll stare at us at church and around town, but nothing serious.”

“But you can’t be sure.”

“We went through this last night and I don’t care to rehash it this morning. I do have an idea, though.”

“I can’t wait to hear it.”

“You and Hanna fly to North Carolina and stay with your parents until after the trial. They’d love to have you, and we wouldn’t worry about the Klan or whoever likes to burn crosses.”

“But the trial is six weeks away! You want us to stay in Wilmington for six weeks?”

“Yes.”

“I love my parents, but that’s ridiculous.”

“You don’t see enough of them, and they don’t see enough of Hanna.”

“And we don’t see enough of you. I’m not leaving for six weeks.”

“There’s a ton of preparation. I’ll eat and sleep this case until the trial is over. I’ll work nights, weekends—”

“What else is new?”

“I’ll ignore y’all and think of nothing but this case.”

“We’re used to that.”

Jake smiled at her. “You’re saying you can handle it?”

“I can handle you. It’s those crazies out there that scare me.”

“When the crazies get serious, I’ll back off. I will run from this case if my family is in danger.”

“You promise?”

“Of course I promise. Let’s send Hanna.”

“If we’re not in danger, why do you want to send anybody?”

“Just for safety. She’d have a great time spending the summer with her grandparents. They’d love it.”

“She wouldn’t last a week without me.”

“And you wouldn’t last a week without her.”

“That’s true. It’s out of the question. I don’t worry about her as long as I can hold her and squeeze her.”

The coffee was ready and Carla filled their cups. “Anything in the paper?”

“No. I thought the Jackson paper might run something, but it happened too late, I guess.”

“I guess your timing is a little rusty after a week’s layoff.”

“Just wait till in the morning.”

“How do you know?”

“I promise.”

She shook her head and searched for the fashion and food sections. “Are you going to church?”

“No.”

“Why not? You’ve got the case. You’re a star again.”

“Yeah, but no one knows it yet.”

“I see. Next Sunday.”

“Of course.”

At Mount Hebron, Mount Zion, Mount Pleasant, and at Brown’s Chapel, Green’s Chapel, and Norris Road, Section Line Road, Bethel Road, and at God’s Temple, Christ’s Temple, and Saints’ Temple, the buckets and baskets and plates were passed and re-passed and left at the altars and front doors to collect the money for Carl Lee Hailey and his family. The large, family-size Kentucky Fried Chicken buckets were used in many of the churches. The bigger the bucket, or basket, the smaller the individual offerings appeared as they fell to the bottom, thus allowing the minister just cause to order another passing through the flock. It was a special offering, separate from the regular giving, and was preceded in virtually every church with a heart-wrenching account of what had happened to the precious little Hailey girl, and what would happen to her daddy and family if the buckets were not filled. In many instances the sacred name of the NAACP was invoked and the effect was a loosening of the wallets and purses.

It worked. The buckets were emptied, the money counted, and the ritual repeated during the evening services. Late Sunday night the morning offerings and evening offerings were combined and counted by each minister, who would then deliver a great percentage of the total to the Reverend Agee sometime Monday. He would keep the money somewhere in his church, and a great percentage of it would be spent for the benefit of the Hailey family.

From two to five each Sunday afternoon, the prisoners in the Ford County jail were turned out into a large fenced yard across the small back street behind the jail. A limit of three friends and/or relatives for each prisoner was allowed inside for no more than an hour. There were a couple of shade trees, some broken picnic tables, and a well-maintained basketball hoop. Deputies and dogs watched carefully from the other side of the fence.

A routine was established. Gwen and the kids would leave church after the benediction around three, and drive to the jail. Ozzie allowed Carl Lee early entrance to the recreation area so he could assume the best picnic table, the one with four legs and a shade tree. He would sit there by himself, speaking to no one, and watch the basketball skirmish until his family arrived. It wasn’t basketball, but a hybrid of rugby, wrestling, judo, and basketball. No one dared officiate. No blood, no foul. And, surprisingly, no fights. A fight meant quick admittance to solitary and no recreation for a month.

There were a few visitors, some girlfriends and wives, and they would sit in the grass by the fence with their men and quietly watch the mayhem under the basketball hoop. One couple asked Carl Lee if they could use his table for lunch. He shook his head, and they ate in the grass.

Gwen and the kids arrived before three. Deputy Hastings, her cousin, unlocked the gate and the children ran to meet their daddy. Gwen spread the food. Carl Lee was aware of the stares from the less fortunate, and he enjoyed the envy. Had he been white, or smaller and weaker, or perhaps charged with a lesser crime, he would have been asked to share his food. But he was Carl Lee Hailey, and no one stared too long. The game returned to its fury and violence, and the family ate in peace. Tonya always sat next to her daddy.

“They started an offerin’ for us this mornin’,” Gwen said after lunch.

“Who did?”

“The church. Reverend Agee said all the black churches in the county are gonna take up money ever Sunday for us and for the lawyer fees.”

“How much?”

“Don’t know. He said they gonna pass the bucket ever Sunday until the trial.”

“That’s mighty nice. What’d he say ’bout me?”

“Just talked about your case and all. Said how expensive it would be, and how we’d need help from the churches. Talked about Christian givin’ and all that. Said you’re a real hero to your people.”

What a pleasant surprise, thought Carl Lee. He expected some help from his church, but nothing financial. “How many churches?”

“All the black ones in the county.”

“When do we get the money?”

“He didn’t say.”

After he got his cut, thought Carl Lee. “Boys, y’all take your sister and go play over there by the fence. Me and Momma needs to talk. Be careful now.”

Carl Lee, Jr., and Robert took their little sister by the hand and did exactly as ordered.

“What does the doctor say?” Carl Lee asked as he watched the children walk away.

“She’s doin’ good. Her jaw’s healin’ good. He might take the wire off in a month. She can’t run and jump and play yet, but it won’t be long. Still some soreness.”

“What about the, uh, the other?”

Gwen shook her head and covered her eyes. She began crying and wiping her eyes. She spoke and her voice cracked. “She’ll never have kids. He told me ...” She stopped, wiped her face and tried to continue. She began sobbing loudly, and buried her face in a paper towel.

Carl Lee felt sick. He placed his forehead in his palms. He ground his teeth together as his eyes watered. “What’d he say?”

Gwen raised her head and spoke haltingly, fighting back tears. “He told me Tuesday there was too much damage ...” She wiped her wet face with her fingers. “But he wants to send her to a specialist in Memphis.”

“He’s not sure?”

She shook her head. “Ninety percent sure. But he thinks she should be examined by another doctor in Memphis. We’re supposed to take her in a month.”

Gwen tore off another paper towel and wiped her face. She handed one to her husband, who quickly dabbed his eyes.

Next to the fence, Tonya sat listening to her brothers argue about which one would be a deputy and which one would be in jail. She watched her parents talk and shake their heads and cry. She knew something was wrong with her. She rubbed her eyes and started crying too.

“The nightmares are gettin’ worse,” Gwen said, interrupting the silence. “I have to sleep with her ever night. She dreams about men comin’ to get her, men hidin’ in the closets, chasin’ her through the woods. She wakes up screamin’ and sweatin’. The doctor says she needs to see a psychiatrist. Says it’ll get worse before it gets better.”

“How much will it cost?”

“I don’t know. I haven’t called yet.”

“Better call. Where is this psychiatrist?”

“Memphis.”

“Figures.”

“How are the boys treatin’ her?”

“They’ve been great. They treat her special. But the nightmares keep them scared. When she wakes up screamin’ she wakes everybody. The boys run to her bed and try to help, but it scares them. Last night she wouldn’t go back to sleep unless the boys slept on the floor next to her. We all laid there wide awake with the lights on.”

“The boys’ll be all right.”

“They miss their daddy.”

Carl Lee managed a forced smile. “It won’t be much longer.”

“You really think so?”

“I don’t know what to think anymore. But I don’t plan to spend the rest of my life in jail. I hired Jake back.”

“When?”

“Yesterday. That Memphis lawyer never showed up, never even called. I fired him and hired Jake again.”

“But you said Jake is too young.”

“I was wrong. He is young, but he’s good. Ask Lester.”

“It’s your trial.”

Carl Lee walked slowly around the yard, never leaving the fence. He thought of the two boys, somewhere out there, dead and buried, their flesh rotting by now, their souls burning in hell. Before they died, they met his little girl, only briefly, and within two hours wrecked her little body and ruined her mind. So brutal was their attack that she could never have children; so violent the encounter that she now saw them hiding for her, waiting in closets. Could she ever forget about it, block it out, erase it from her mind so her life would be normal? Maybe a psychiatrist could do that. Would other children allow her to be normal?

She was just a little nigger, they probably thought. Somebody’s little nigger kid. Illegitimate, of course, like all of them. Rape would be nothing new.

He remembered them in court. One proud, the other scared. He remembered them coming down the stairs as he awaited the execution. Then, the looks of horror as he stepped forward with the M-16. The sound of the gunfire, the cries for help, the screams as they fell backward together, one on top of the other, handcuffed, screaming and twisting, going nowhere. He remembered smiling, even laughing, as he watched them struggle with their heads half blown away, and when their bodies were still, he ran.

He smiled again. He was proud of it. The first gook he killed in Vietnam had bothered him more.

The letter to Walter Sullivan was to the point:

A copy was sent to L. Winston Lotterhouse. The letter to Noose was just as short:

A copy was sent to Buckley.

Marsharfsky called at nine-thirty Monday. Jake watched the hold button blink for two minutes before he lifted the receiver. “Hello.”

“How’d you do it?”

“Who is this?”

“Your secretary didn’t tell you? This is Bo Marsharfsky, and I want to know how you did it.”

“Did what?”

“Hustled my case.”

Stay cool, thought Jake. He’s an agitator. “As I recall, it was hustled from me,” replied Jake.

“I never met him before he hired me.”

“You didn’t have to. You sent your pimp, remember?”

“Are you accusing me of chasing cases?”

“Yes.”

Marsharfsky paused and Jake braced for the obscenities.

“You know something, Mr. Brigance, you’re right. I chase cases every day. I’m a pro at hustling cases. That’s how I make so much money. If there’s a big criminal case, I intend to get it. And I’ll use whatever method I find necessary.”

“Funny, that wasn’t mentioned in the paper.”

“And if I want the Hailey case, I’ll get it.”

“Come on down.” Jake hung up and laughed for ten minutes. He lit a cheap cigar, and began working on his motion for a change of venue.

Two days later Lucien called and instructed Ethel to instruct Jake to come see him. It was important. He had a visitor Jake needed to meet.

The visitor was Dr. W.T. Bass, a retired psychiatrist from Jackson. He had known Lucien for years, and they had collaborated on a couple of insane criminals during their friendship. Both of the criminals were still in Parchman. His retirement had been one year before the disbarment and had been precipitated by the same thing that contributed heavily to the disbarment, to wit, a strong affection for Jack Daniel’s. He visited Lucien occasionally in Clanton, and Lucien visited him more frequently in Jackson, and they enjoyed their visits because they enjoyed staying drunk together. They sat on the big porch and waited on Jake.

“Just say he was insane,” instructed Lucien.

“Was he?” asked the doctor.

“That’s not important.”

“What is important?”

“It’s important to give the jury an excuse to acquit the man. They won’t care if he’s crazy or not. But they’ll need some reason to acquit him.”

“It would be nice to examine him.”

“You can. You can talk to him all you want. He’s at the jail just waiting on someone to talk to.”

“I’ll need to meet with him several times.”

“I know that.”

“What if I don’t think he was insane at the time of the shooting?”

“Then you won’t get to testify at trial, and you won’t get your name and picture in the paper, and you won’t be interviewed on TV.”

Lucien paused long enough to take a long drink. “Just do as I say. Interview him, take a bunch of notes. Ask stupid questions. You know what to do. Then say he was crazy.”

“I’m not so sure about this. It hasn’t worked too well in the past.”

“Look, you’re a doctor, aren’t you? Then act proud, vain, arrogant. Act like a doctor’s supposed to act. Give your opinion and dare anyone to question it.”

“I don’t know. It hasn’t worked too well in the past.”

“Just do as I say.”

“I’ve done that before, and they’re both at Parchman.”

“They were hopeless. Hailey’s different.”

“Does he have a chance?”

“Slim.”

“I thought you said he was different.”

“He’s a decent man with a good reason for killing.”

“Then why are his chances slim?”

“The law says his reason is not good enough.”

“That’s par for the law.”

“Plus he’s black, and this is a white county. I have no confidence in these bigots around here.”

“And if he were white?”

“If he were white and he killed two blacks who raped his daughter, the jury would give him the courthouse.”

Bass finished one glass and poured another. A fifth and a bucket of ice sat on the wicker table between the two.

“What about his lawyer?” he asked.

“He should be here in a minute.”

“He used to work for you?”

“Yeah, but I don’t think you met him. He was in the firm about two years before I left. He’s young, early thirties. Clean, aggressive, works hard.”

“And he used to work for you?”

“That’s what I said. He’s got trial experience for his age. This is not his first murder case, but, if I’m not mistaken, it’s his first insanity case.”

“That’s nice to hear. I don’t want someone asking a lot of questions.”

“I like your confidence. Wait till you meet the D.A.”

“I just don’t feel good about this. We tried it twice, and it didn’t work.”

Lucien shook his head in bewilderment. “You’ve got to be the humblest doctor I’ve known.”

“And the poorest.”

“You’re supposed to be pompous and arrogant. You’re the expert. Act like one. Who’s gonna question your professional opinion in Clanton, Mississippi?”

“The State will have experts.”

“They will have one psychiatrist from Whitfield. He’ll examine the defendant for a few hours, and then drive up for trial and testify that the defendant is the sanest man he’s ever met. He’s never seen a legally insane defendant. To him no one is insane. Everybody’s blessed with perfect mental health. Whitfield is full of sane people, except when it applies for government money, then half the state’s crazy. He’d get fired if he started saying defendants are legally insane. So that’s who you’re up against.”

“And the jury will automatically believe me?”

“You act as though you’ve never been through one of these before.”

“Twice, remember. One rapist, one murderer. Neither was insane, in spite of what I said. Both are now locked away where they belong.”

Lucien took a long drink and studied the light brown liquid and the floating ice cubes. “You said you would help me. God knows you owe me the favor. How many divorces did I handle for you?”

“Three. And I got cleaned out every time.”

“You deserved it every time. It was either give in or go to trial and have your habits discussed in open court.”

“I remember.”

“How many clients, or patients, have I sent you over the years?”

“Not enough to pay my alimony.”

“Remember the malpractice case by the lady whose treatment consisted primarily of weekly sessions on your couch with the foldaway bed? Your malpractice carrier refused to defend, so you called your dear friend Lucien who settled it for peanuts and kept it out of court.”

“There were no witnesses.”

“Just the lady herself. And the court files showing where your wives had sued for divorce on the grounds of adultery.”

“They couldn’t prove it.”

“They didn’t get a chance. We didn’t want them to try, remember?”

“All right, enough, enough. I said I would help. What about my credentials?”

“Are you a compulsive worrier?”

“No. I just get nervous when I think of courtrooms.”

“Your credentials are fine. You’ve been qualified before as an expert witness. Don’t worry so much.”

“What about this?” He waved his drink at Lucien.

“You shouldn’t drink so much,” he said piously.

The doctor dropped his drink and exploded in laughter. He rolled out of his chair and crawled to the edge of the porch, holding his stomach and shaking in laughter.

“You’re drunk,” Lucien said as he left for another bottle.

When Jake arrived an hour later, Lucien was rocking slowly in his huge wicker rocker. The doctor was asleep in the swing at the far end of the porch. He was barefoot, and his toes had disappeared into the shrubbery that lined the porch. Jake walked up the steps and startled Lucien.

“Jake, my boy, how are you?” he slurred.

“Fine, Lucien. I see you’re doing quite well.” He looked at the empty bottle and one not quite empty.

“I wanted you to meet that man,” he said, trying to sit up straight.

“Who is he?”

“He’s our psychiatrist. Dr. W.T. Bass, from Jackson. Good friend of mine. He’ll help us with Hailey.”

“Is he good?”

“The best. We’ve worked together on several insanity cases.”

Jake took a few steps in the direction of the swing and stopped. The doctor was lying on his back with his shirt unbuttoned and his mouth wide open. He snored heavily, with an unusual guttural gurgling sound. A horsefly the size of a small sparrow buzzed around his nose and retreated to the top of the swing with each thunderous exhalation. A rancid vapor emanated with the snoring and hung like an invisible fog over the end of the porch.

“He’s a doctor?” Jake asked as he sat next to Lucien.

“Psychiatry,” Lucien said proudly.

“Did he help you with those?” Jake nodded at the bottles.

“I helped him. He drinks like a fish, but he’s always sober at trial.”

“That’s comforting.”

“You’ll like him. He’s cheap. Owes me a favor. Won’t cost a dime.”

“I like him already.”

Lucien’s face was as red as his eyes. “Wanna drink?”

“No. It’s three-thirty in the afternoon.”

“Really! What day is it?”

“Wednesday, June 12. How long have y’all been drinking?”

“’Bout thirty years.” Lucien laughed and rattled his ice cubes.

“I mean today.”

“We drank our breakfast. What difference does it make?”

“Does he work?”

“Naw, he’s retired.”

“Was his retirement voluntary?”

“You mean, was he disbarred, so to speak?”

“That’s right, so to speak.”

“No. He still has his license, and his credentials are impeccable.”

“He looks impeccable.”

“Booze got him a few years ago. Booze and alimony. I handled three of his divorces. He reached the point where all of his income went for alimony and child support, so he quit working.”

“How does he manage?”

“We, uh, I mean, he stashed some away. Hid it from his wives and their hungry lawyers. He’s really quite comfortable.”

“He looks comfortable.”

“Plus he peddles a little dope, but only to a rich clientele. Not really dope, but narcotics which he can legally prescribe. It’s not really illegal; just a little unethical.”

“What’s he doing here?”

“He visits occasionally. He lives in Jackson but hates it. I called him Sunday after I talked to you. He wants to meet Hailey as soon as possible, tomorrow if he can.”

The doctor grunted and rolled to his side, causing the swing to move suddenly. It swung a few times, and he moved again, still snoring. He stretched his right leg, and his foot caught a thick branch in the shrubbery.

The swing jerked sideways and threw the good doctor onto the porch. His head crashed onto the wooden floor while his right foot remained lodged through the end of the swing. He grimaced and coughed, then began snoring again. Jake instinctively started toward him, but stopped when it was apparent he was unharmed and still asleep.

“Leave him alone!” ordered Lucien between laughs.

Lucien slid an ice cube down the porch and just missed the doctor’s head. The second cube landed perfectly on the tip of his nose. “Perfect shot!” Lucien roared. “Wake up, you drunk!”

Jake walked down the steps toward his car, listening to his former boss laugh and curse and throw ice cubes at Dr. W.T. Bass, psychiatrist, witness for the defense.

Deputy DeWayne Looney left the hospital on crutches, and drove his wife and three children to the jail, where the sheriff, the other deputies, the reserves, and a few friends waited with a cake and small gifts. He would be a dispatcher now, and would retain his badge and uniform and full salary.