Sycamore Row

39

Nevin Dark parked his truck facing the courthouse and checked his watch. He was early, but that was the plan. He had never before been summoned for jury duty, and he could grudgingly admit to being somewhat excited. He farmed two hundred acres west of Karaway and rarely made it to Clanton; indeed, he could not remember his last trip to the county seat. For the occasion he wore his newest pair of starched khakis and a leather flight jacket handed down by his father, who’d flown in World War II. His wife had firmly pressed his cotton shirt with buttons on the collar. Nevin was rarely this dressed up. He paused and gazed around the courthouse, looking for others who might be holding a summons.

Of the case, he knew little. His wife’s brother, a blowhard, had said he thought the trial was over a will that was handwritten, but beyond that the details were scarce. Neither Nevin nor his wife subscribed to the local newspapers. They had not been to church in ten years, so that rich source of gossip had passed them by. The summons said nothing about the type of jury service facing him. Nevin had never heard of Seth Hubbard, nor Lettie Lang. He would recognize the name of Jake Brigance, but only because Jake was from Karaway and the Hailey trial had been so notorious.

In short, Nevin was a model juror: reasonably smart, fair-minded, and uninformed. The summons was folded in his coat pocket. He walked around the square to kill a few minutes, then wandered over to the courthouse where things were getting busy. He climbed the stairs and joined the crowd milling around the large oak doors of the main courtroom. Two deputies in uniform were holding clipboards. Nevin was eventually processed through, and as he entered the courtroom a clerk smiled and pointed to a seat on the left side. He sat down next to an attractive lady in a short skirt, and within two minutes she informed Nevin that she taught school with Carla Brigance and would probably not make the cut. When he confessed he knew nothing about the case, she found it hard to believe. All the jurors were whispering away as they watched the lawyers move about with their important airs. The bench was empty. Half a dozen clerks moved papers here and there, doing little really but trying to justify their presence in the biggest will contest in the history of Ford County. Some of the lawyers had no connections at all, no reason to be there, but a courtroom filled with prospective jurors always attracted a few of the courthouse regulars.

For example, a lawyer named Chuck Rhea had no clients, no office, and no money. He occasionally checked land titles; thus, he was always in the courthouse, killing enormous amounts of time, sipping free coffee from whatever office had the freshest pot, flirting with the clerks who knew him well, gossiping with every lawyer who came within earshot, and in general just being there. Chuck rarely missed a trial. Since he had none of his own, he watched all the others. On this day he was wearing his darkest suit and his wing tips fairly gleamed with fresh polish. He spoke to Jake and Harry Rex-men who knew him all too well-and also to the out-of-town lawyers, who by then knew that Chuck was just another fixture. Every courthouse had them.

A gentleman to Nevin’s left struck up a conversation. He said he owned a fence company in Clanton and had once put up some chain link for Harry Rex Vonner’s hunting dogs. He pointed and said, “That fat one over there in the bad suit. That’s Harry Rex Vonner. Meanest divorce lawyer in the county.”

“Is he working with Jake Brigance?” Nevin asked, completely clueless.

“Looks like it.”

“Who are those other lawyers?”

“Who knows? There are so many lawyers around here these days. The square is full of them.”

A bailiff came to life and yelled, “All rise for the court. The Chancery Court of the Twenty-Fifth Judicial District of Mississippi, the Honorable Reuben V. Atlee presiding.” Judge Atlee appeared from the rear and assumed the bench while the crowd jumped to its feet.

“Please be seated,” he said. The crowd made a noisy retreat back onto the benches. He said hello and good morning and thanked the prospective jurors for being there, as if they had a choice. He explained that the first order of business was the selection of the jury, twelve jurors plus two alternates, and he figured that might take most of the day. At times things would move slowly, as they often do in court, and he asked for their patience. A clerk had written each of their names on a small piece of paper and put them in a plastic bin. He would pull them out at random, and that’s how the jurors would initially be seated. Once the first fifty were in place, the rest would be excused for the day, and maybe called back tomorrow if needed.

The courtroom had two sections, right and left of a center aisle, and each section had ten long benches that held about ten people each. Since the courtroom was at full capacity, Judge Atlee asked the rest of the spectators to please rise and clear out the first four rows to his left. This took a few minutes as people shuffled and stumbled and shoved about, uncertain where to go. Most stood along the walls. He reached into the plastic bin, extracted a name, and called out, “Mr. Nevin Dark.”

Nevin’s heart skipped a beat, but he stood and said, “Yes sir.”

“Good morning, Mr. Dark. Would you please sit over here on the first row, far to the left, and we’ll refer to you as Juror Number One for the time being.”

“Certainly.”

As Nevin walked down the aisle, he noticed the lawyers staring at him as if he’d just shot someone. He took his seat on the empty front row; the lawyers continued to stare. All of them.

Nevin Dark. White male, age fifty-three, farmer, one wife, two adult children, no church affiliation, no civic clubs, no college degree, no criminal record. Jake rated him as a seven. He and Portia looked at their notes. Harry Rex, who was standing in a corner by the jury box, studied his notes. Their model juror was a black male or female of any age, but there weren’t many in the crowd. At the contestants’ table, Wade Lanier and Lester Chilcott compared their research. Their model juror was a white female, age forty-five or older, someone raised in the deeply segregated old South and not the least bit tolerant of blacks. They liked Nevin Dark, though they knew nothing more about him than Jake did.

Number Two was Tracy McMillen, a secretary, white female, age thirty-one. Judge Atlee took his time unfolding the scraps of paper, studying the names, trying to pronounce them perfectly, allowing each to assume a new position. When the first row was filled, they moved to the second with Juror Number Eleven, one Sherry Benton, the first black to be called forth.

It took an hour to seat the first fifty. When they were in place, Judge Atlee excused the others and said they should remain on standby until further notice. Some of them left, but most stayed where they were and became part of the audience.

“Let’s recess for fifteen minutes,” the judge said, tapping his gavel as he lifted his cumbersome frame and waddled off the bench, black robe flowing behind. The lawyers gathered into frantic groups, all chattering at once. Jake, Portia, and Harry Rex went straight to the jury deliberation room, which was empty at the moment. As soon as Jake shut the door, Harry Rex said, “We’re screwed, you know that? A bad draw. Terrible, terrible.”

“Hang on,” Jake said, tossing his legal pad onto the table and cracking his knuckles.

Portia said, “We have eleven blacks out of fifty. Unfortunately, four of them are on the back row. Once again, we’re stuck on the back row.”

“Are you trying to be funny?” Harry Rex barked at her.

“Well, yes, I thought it was rather clever.”

Jake said, “Knock it off, okay? I doubt if we make it past number forty.”

“So do I,” replied Harry Rex. “And just for the record, I sued numbers seven, eighteen, thirty-one, thirty-six, and forty-seven, for divorce. They don’t know I’m working for you, Mr. Brigance, and once again I’m not sure why I am working for you because I’m damned sure not getting paid. It’s Monday morning, my office is filled with divorcing spouses, some of them carrying guns, and here I am hanging around the courtroom like Chuck Rhea and not getting paid.”

“Would you please shut up?” Jake growled.

“If you insist.”

“It’s not hopeless,” Jake said. “It’s not a good draw, but not completely hopeless.”

“I’ll bet Lanier and his boys are smiling right now.”

Portia said, “I don’t understand you guys. Why is it always black versus white? I looked at those people, those faces, and I didn’t see a bunch of hard-core racists who’ll burn the will and give everything to the other side. I saw some reasonable people out there.”

“And some unreasonable ones,” Harry Rex said.

“I agree with Portia, but we’re a long way from the final twelve. Let’s save the bickering for later.”

After the recess, the lawyers were allowed to move their chairs around to the other sides of their tables so they could stare at the panel while the panel stared right back. Judge Atlee assumed the bench without the ritual of “Please rise for the court” and began with a concise statement of the case. He said he expected the trial to last three or four days and that he certainly planned to be finished by Friday afternoon. He introduced the lawyers, all of them, but not the paralegals. Jake was alone, facing an army.

Judge Atlee explained that he would cover a few areas that had to be discussed, then he would allow the attorneys to question and probe. He began with health-anyone sick, facing treatment, or unable to sit and listen for long periods of time? One lady stood and said her husband was in the hospital in Tupelo and she needed to be there. “You are excused,” Judge Atlee said with great compassion, and she hustled out of the courtroom. Number twenty-nine, gone. Number forty had a herniated disk that had flared up over the weekend and he claimed to be in considerable pain. He was taking painkillers that made him quite drowsy. “You are excused,” Judge Atlee said.

He seemed perfectly willing to excuse anyone with a legitimate concern, but this proved not to be the case. When he asked about conflicts with work, a gentleman wearing a coat and a tie stood and said he simply could not be away from the office. He was a district manager for a company that made steel buildings, and was clearly an executive taken with his own importance. He even hinted he might lose his job. Judge Atlee’s lecture on civic responsibility lasted five minutes and scorched the gentleman. He ended with “If you lose your job, Mr. Crawford, let me know. I’ll subpoena your boss, put him on the stand here, and, well, he’ll have a bad day.”

Mr. Crawford sat down, thoroughly chastised and humiliated. There were no more efforts to skip jury duty on account of work. Judge Atlee then moved to the next issue on his checklist-prior jury service. Several said they had served before, three in state court and two in federal. Nothing about those experiences would alter their ability to deliberate in the case at hand.

Nine people claimed to know Jake Brigance. Four were former clients and they were excused. Two ladies attended the same church but felt as though that fact would not influence their judgment. They were not excused. A distant relative was. Carla’s schoolteacher friend said she knew Jake well and was too close for any objectivity. She was excused. The last was a high school pal from Karaway who admitted he hadn’t seen Jake in ten years. He was left on the panel, to be dealt with later.

Each lawyer was introduced again, with the same questions. No one knew Wade Lanier, Lester Chilcott, Zack Zeitler, or Joe Bradley Hunt, but then they were out-of-town lawyers.

Judge Atlee said, “Now, moving along, the last will and testament in question was written by a man named Seth Hubbard, now deceased, of course. Did any of you know him personally?” Two hands were timidly lifted. A man stood and said he had grown up in the Palmyra area of the county and had known Seth when they were quite a bit younger.

“How old are you, sir?” Judge Atlee asked.

“Sixty-nine.”

“You know you can claim an exemption from service if you’re above the age of sixty-five, right?”

“Yes sir, but I don’t have to, do I?”

“Oh no. If you want to serve, that’s admirable. Thank you.”

A woman stood and said she had once worked at a lumber yard owned by Seth Hubbard, but it would not be a problem. Judge Atlee gave the names of Seth’s two wives and asked if anyone knew them. A woman said her older sister had been friends with the first wife, but that had been a long time ago. Herschel Hubbard and Ramona Hubbard Dafoe were asked to stand. They smiled awkwardly at the judge and the jurors, then sat down. Methodically, Judge Atlee asked the panel if anyone knew them. A few hands went up, all belonging to old classmates from Clanton High. Judge Atlee asked each one a series of questions. All claimed to know little about the case and to be unaffected by what little knowledge they possessed.

Tedium set in as Judge Atlee went through page after page of questions. By noon, twelve of the fifty had been dismissed, all of them white. Of the thirty-eight remaining, eleven were black, not a single one of whom had lifted a hand.

During the lunch recess, the lawyers met in tense groups and debated who was acceptable and who had to be cut. They ignored their cold sandwiches while they argued over body language and facial expressions. In Jake’s office, the mood was lighter because the panel was darker. In the main conference room over at the Sullivan firm, the mood was heavier because the blacks were sandbagging. Of the eleven remaining, not one admitted to knowing Lettie Lang. Impossible in such a small county! There was obviously a conspiracy of some nature at work. Their expert consultant, Myron Pankey, had watched several of them closely during the questioning and had no doubt that they were trying their best to get on the jury. But Myron was from Cleveland and knew little about southern blacks.

Wade Lanier, though, was unimpressed. He’d tried more cases in Mississippi than the rest of the lawyers combined, and he was not concerned about the remaining thirty-eight members of the pool. In almost every trial, he hired consultants to dig into the backgrounds of the jurors, but once he saw them in the flesh he knew he could read them. And though he did not say so, he liked what he had seen that morning.

Lanier still had two great secrets up his sleeve-the handwritten will of Irene Pickering, and the testimony of Julina Kidd. To his knowledge, Jake had no idea what was coming. If Lanier managed to successfully detonate these two bombs in open court, he might just walk away with a unanimous verdict. After considerable negotiating, Fritz Pickering had agreed to testify for $7,500. Julina Kidd had jumped at the offer of only $5,000. Neither Fritz nor Julina had spoken to anyone on the other side, so Lanier was confident his ambushes would work.

So far, his firm had either spent or committed to spending just over $85,000 in litigation expenses, moneys the clients were ultimately responsible for. The cost of the case was rarely discussed, though it was always in their thoughts. While the clients were troubled by rising expenses, Wade Lanier understood the economic realities of big-time litigation. Two years earlier, his firm had spent $200,000 on a product liability case, and lost.

You roll the dice and sometimes you lose. Wade Lanier, though, was not contemplating a loss in the Seth Hubbard case.

Nevin Dark settled into a booth at the Coffee Shop with three of his new friends and ordered iced tea from Dell. All four wore white lapel buttons with the word “Juror” in bold blue letters, as if they were now officially off-limits and beyond approach. Dell had seen the same buttons a hundred times, and knew she should listen hard but ask no questions and offer no opinions.

The thirty-eight remaining jurors had been warned by Judge Atlee not to discuss the case. Since none of the four at Nevin’s table had ever met, they chatted about themselves for a few minutes while looking over the menus. Fran Decker was a retired schoolteacher from Lake Village, ten miles south of Clanton. Charles Ozier sold farm tractors for a company out of Tupelo and lived near the lake. Debbie Lacker lived in downtown Palmyra, population 350, but had never met Seth Hubbard. Since they couldn’t talk about the case, they talked about the judge, the courtroom, and the lawyers. Dell listened hard but gleaned nothing from their lunch conversation, at least nothing she could report to Jake in the event he stopped by later for the gossip.

At 1:15, they paid their separate checks and returned to the courtroom. At 1:30, when all thirty-eight were accounted for, Judge Atlee appeared from the rear and said, “Good afternoon.” He went on to explain that he would now continue with the selection of the jury, and he planned to do so in a manner that was somewhat unusual. Each juror would be asked to step into his chambers to be quizzed by the lawyers in private.

Jake had made this request because he assumed the jurors, as a group, knew more about the case than they were willing to admit. By grilling them in private, he was confident he could elicit more thorough responses. Wade Lanier did not object.

Judge Atlee said, “Mr. Nevin Dark, would you join us in my chambers, please?”

A bailiff showed him the way, and Nevin nervously walked past the bench, through a door, down a short hallway, and into a rather small room where everyone was waiting. A court reporter sat ready to transcribe every word. Judge Atlee occupied one end of the table and the lawyers crowded around the rest of it.

“Please remember that you’re under oath, Mr. Dark,” Judge Atlee said.

“Of course.”

Jake Brigance flashed him an earnest smile and said, “Some of these questions might be kind of personal, Mr. Dark, and if you don’t want to answer them, that’s fine. Do you understand?”

“I do.”

“Do you currently have a last will and testament?”

“I do.”

“Who prepared it?”

“Barney Suggs, a lawyer in Karaway.”

“And your wife?”

“Yes, we signed them at the same time, in Mr. Suggs’s office, about three years ago.”

Without asking the specifics of their wills, Jake nibbled around the edges of the will-making process. What prompted them to prepare their wills? Do their children know what’s in the wills? How often have they changed their wills? Did they name each other as executor of their wills? Have they ever inherited anything from another will? Did he, Nevin Dark, believe a person should have the right to leave his property to anyone? To a non-family member? To charity? To a friend or employee? To cut out family members who may have fallen out of favor? Had either Mr. Dark or his wife ever considered changing their wills to exclude a person currently named as a beneficiary?

And so on. When Jake finished, Wade Lanier asked a series of questions about drugs and painkillers. Nevin Dark said he’d used them only sparingly, but his wife was a breast cancer survivor and at one time had relied on some strong medications for pain. He could not remember their names. Lanier showed genuine concern for this woman he’d never met, and poked and prodded enough to convey the message that strong painkillers taken by very sick people often cause a lapse in rational thinking. The seed was skillfully planted.

Judge Atlee was watching the clock, and after ten minutes he called time. Nevin returned to the courtroom, where everyone stared at him. Juror Number Two, Tracy McMillen, was waiting in a chair by the bench, and was quickly led to the back room, where she faced the same questioning.

Boredom hit hard and many of the spectators left. Some of the jurors napped while others read and reread newspapers and magazines. Bailiffs yawned and gazed from the large plate-glass windows overlooking the courthouse lawn. One prospective juror replaced the next in a steady parade to Judge Atlee’s chambers. Most disappeared for the full ten minutes, but a few were finished in less time. When Juror Number Eleven emerged from her interrogation, she passed the benches and headed for the door, excused from service for reasons those sitting in the courtroom would never know.

Lettie and Phedra left for a long break. As they walked down the aisle toward the double doors, they were careful to avoid glancing at the Hubbard clan, bunched together on the back row.

It was almost 6:30 when Juror Number Thirty-eight left chambers and returned to the courtroom. Judge Atlee, showing remarkable energy, rubbed his hands together and said, “Gentlemen, let’s finish this job now so we can start fresh with the opening statements in the morning. Agreed?”

Jake said, “Judge, I’d like to renew my motion for a change of venue. Now that we’ve interviewed the first thirty-eight jurors, it is apparent that, as a whole, this panel knows far too much about this case. Almost every juror was willing to admit he or she had heard something about it. This is quite unusual in a civil case.”

“Quite the contrary, Jake,” Judge Atlee said. “I thought they answered the questions well. Sure they’ve heard about the case, but almost all of them claimed to be able to keep an open mind.”

“I agree, Judge,” Wade Lanier said. “With a few exceptions, I’m impressed with the panel.”

“Motion is overruled, Jake.”

“No surprise,” Jake mumbled, just loud enough to be heard.

“Now, can we pick our jury?”

“I’m ready,” Jake said.

“Let’s go,” replied Wade Lanier.

“Very well. I’m dismissing jurors number three, four, seven, nine, fifteen, eighteen, and twenty-four for cause. Any discussion?”

Slowly, Lanier said, “Yes, Your Honor, why number fifteen?”

“He said he knew the Roston family and was deeply saddened by the deaths of their two sons. I suspect he holds a grudge against anyone with the last name of Lang.”

“He said he did not, Your Honor,” Lanier argued.

“Of course that’s what he said. I just don’t believe him. He’s excused for cause. Anyone else?”

Jake shook his head no. Lanier was angry but said nothing. Judge Atlee pressed on, “Each side has four peremptory challenges. Mr. Brigance, you must present the first twelve.”

Jake nervously scanned his notes, then slowly said, “Okay, we’ll take numbers one, two, five, eight, ten, twelve, fourteen, sixteen, seventeen, nineteen, twenty-one, and twenty-two.” There was a long pause as everyone in the room looked at their charts and made notes. Finally, Judge Atlee said, “So you struck six, thirteen, twenty, and twenty-three, correct?”

“That’s right.”

“Are you ready, Mr. Lanier?”

“Just a second, Judge,” Lanier said as he huddled with Lester Chilcott. They whispered for a while, obviously in disagreement. Jake listened hard but could not decipher anything. He kept his eyes on his notes, on his chosen twelve, knowing he could not keep them all.

“Gentlemen,” Judge Atlee said.

“Yes sir,” Lanier said slowly. “We’ll strike numbers five, sixteen, twenty-five, and twenty-seven.”

The air left the room again as every lawyer and the judge struck names from makeshift charts and moved the higher numbers up the ladder. Judge Atlee said, “So, it looks like our jury will consist of numbers one, two, eight, ten, twelve, fourteen, seventeen, nineteen, twenty-one, twenty-two, twenty-six, and twenty-eight. Does everyone concur?”

The lawyers shook their heads in agreement without taking their eyes from their legal pads. Ten whites, two blacks. Eight women, four men. Half had wills, half did not. Three had college degrees; seven finished high school; two did not. Median age of forty-nine, with two women in their twenties, a pleasant surprise for Jake. Overall he was pleased. On the other side of the table, Wade Lanier was too. The truth was that Judge Atlee did a fine job of eliminating those who might possibly begin deliberations with preconceived notions or prejudices. On paper, it appeared as if the extremists were gone, and the trial was left in the hands of twelve people who appeared to be open-minded.

“Let’s pick a couple of alternates,” His Honor said.

At 7:00 p.m., the new jurors gathered in the jury room and got themselves organized, according to Judge Atlee’s instructions. Because he had been the first one selected, the first name called, the first to be seated, and because he gave every indication of being an amicable type with an easy smile and kind word to all, Mr. Nevin Dark was elected foreman of the jury.

It had been a very long day, but an exciting one. As he drove home, he found himself eager to chat with his wife over a late dinner and tell her everything. Judge Atlee had warned them against discussing the case with each other, but he didn’t say a word about spouses.