John Grisham 24 страница

" You mean black jury? "

" No, sir! I mean a jury that hasn't prejudged this case. Carl Lee Hailey is entitled to twelve people who haven't already decided his guilt or innocence. "

Noose lumbered toward his chair and fell into it. He removed those glasses from that nose and picked at the end of it.

" We could excuse the twenty, " he wondered aloud.

" That won't help. The entire county knows about it or will know about it within a few hours. You know how fast word travels. The entire panel will feel threatened. "

" Then we could disqualify the entire panel and summon a new one. "

" Won't work, " Jake answered sharply, frustrated by Noose's stubbornness. " All jurors must come from Ford County, and everybody in the county knows about it. And how do you keep the Klan from harassing the next panel? It won't work. "

" What makes you so confident the Klan won't follow the case if I move it to another county? " The sarcasm dripped from every word.

" I think they will follow it, " Jake admitted. " But we don't know that for sure. What we do know is that the Klan is already in Ford County, that it's quite active now, and that it has already intimidated some potential jurors. That's the issue. The question is, what will you do about it? "

" Nothing, " Noose said bluntly.

" Sir? "

" Nothing. I will do nothing but dismiss the twenty. I will

carefully interrogate the panel next Monday, when the trial starts in Clanton. "

Jake stared in disbelief. Noose had a reason, a motive, a fear, something he was not telling. Lucien was right-someone had gotten to him. ' " May I ask why? "

" I don't think it matters where we try Carl Lee Hailey. I don't think it matters who we put in the jury box. I don't think it matters what color they are. Their minds are made up. All of them, wherever and whoever they are. They've already made up their minds, Jake, and it's your job to pick those who think your man is a hero. "

That's probably true, thought Jake, but he wouldn't admit it. He continued staring at the trees outside. " Why are you afraid to move it? "

Ichabod's eyes narrowed, and he glared at Jake. " Afraid? I'm not afraid of any ruling I make. Why are you afraid to try it in Ford County? "

" I thought I just explained it. "

" Mr. Hailey will be tried in Ford County starting Monday. That's three days from today. And he will be tried there not because I'm afraid to move it, but because it wouldn't do any good to move it. I've considered all this very carefully, Mr. Brigance, many times, and I feel comfortable with the trial in Clanton. It will not be moved. Anything further? "

" No, sir. "

" Good. See you Monday. "

Jake entered his office through the rear door. The front door had been locked for a week now, and there was always someone banging on it and yelling at it. Most of them were reporters, but many were friends just stopping by to gossip and find out what they could about the big trial. Clients were a thing of the past. The phone rang constantly. Jake never touched it and Ellen grabbed it if she was nearby.

He found her in the conference room up to her elbows in law books. The M'Naghten brief was a masterpiece. He had requested no more than twenty pages. She gave him seventy-five perfectly typed and plainly worded pages, and explained there was no way to cover the Mississippi version

of M'Naghten in fewer words. Her research was painstaking and detailed. She had started with the original M'Naghten case in England in the 1800's and worked through a hundred and fifty years of insanity law in Mississippi. She discarded insignificant or confusing cases, and explained in wonderful simplicity the complicated, major cases. The brief concluded with a summary of current law, and applied it to the trial of Carl Lee Hailey.

In a smaller brief, only fourteen pages, she had reached the unmistakable conclusion that the jury would see the sickening pictures of Cobb and Willard with their brains splattered about the stairway. Mississippi admitted such inflammatory evidence, and she had found no way around it.

She had typed thirty-one pages of research on the defense of justifiable homicide, something Jake had considered briefly after the killings. She reached the same conclusion Jake had reached-it wouldn't work. She had found an old Mississippi case where a man had caught and killed an escaped convict who was armed. He had been acquitted, but the differences in that case and Carl Lee's case were enormous. Jake had not asked for the brief, and was irritated that so much energy had been spent on it. He said nothing, however, since she had produced everything he had asked for.

The most pleasant surprise had been her work with Dr. W. T. Bass. She had met with him twice during the week, and they had covered M'Naghten in great detail. She prepared a twenty-five-page script of the questions to be asked by Jake and the answers to be given by Bass. It was a skillfully crafted dialogue, and he marveled at her seasoning. When he was her age, he was an average student more concerned with romance than research. She, on the other hand, as a third-year law student was writing briefs that read like treatises.

" How'd it go? " she asked.

" As expected. He did not budge. The trial will start here Monday with the same panel, minus the twenty who received their subtle warnings. "

" He's crazy. "

" What're you working on? "

" I'm finishing the brief to support our position that the

details of the rape should be discussed before the jury. It looks good, at this point. "

" When will you finish it? "

" Is there some hurry? "

" By Sunday, if possible. I've got another chore, something a little different. "

She slid her legal pad away and listened.

" The State's psychiatrist will be Dr. Wilbert Rode-heaver, head of staff at Whitfield. He's been there forever, and has testifed in hundreds of cases. I want you to dig a little and see how often his name appears in court decisions. "

" Fve already run across his name. "

" Good. As you know, the only cases we read about from the Supreme Court are the ones where the defendant at trial was convicted and has appealed. The acquittals are not reported. I'm more interested in these. "

" Where are you coming from? "

" I have a hunch Rodeheaver is very reluctant to give an opinion that a defendant was legally insane. There's a chance he's never done it. Even in cases where the defendant was clearly crazy and did not know what he was doing. I'd like to ask Rodeheaver, on cross-examination, about some of the cases in which he's said there's nothing wrong with an obviously sick man, and the jury acquitted him. "

" Those cases will be very hard to find. "

" I know, but you can do it, Row Ark. I've watched you work for a week now, and I know you can do it. "

" I'm flattered, boss. "

" You may have to make phone calls to attorneys around the state who've crossed Rodeheaver before. It'll be hard, Row Ark, but get it done. "

" Yes, boss. I'm sure you wanted it yesterday. "

" Not really. I doubt if we'll get to Rodeheaver next week, so you have some time. "

" I don't know how to act. You mean it's not urgent? "

" No, but that rape brief is. "

" Yes, boss. "

" Have you had lunch? "

" I'm not hungry. "

" Good. Don't make any plans for dinner. "

" What does that mean? "

" It means I've got an idea. "

" Sort of like a date? "

" No, sort of like a business lunch with two professionals. "

Jake packed two briefcases and left. " I'll be at Lu-cien's, " he told her, " but don't call unless it's a dire emergency. Don't tell anyone where I am. "

" What are you working on? "

" The jury. "

Lucien had passed out drunk in the swing on the porch, and Sallie was not around. Jake helped himself to the spacious study upstairs. Lucien had more law books in his home than most lawyers had in their offices. He unpacked his mess in a chair, and on the desk he placed an alphabetical list of the jurors, a stack of three-by-five notecards, and several Magic Markers.

The first name was Acker, Barry Acker. The last name was written in large print across the top of a notecard with a blue Magic Marker. Blue for men, red for women, black for blacks, regardless of gender. Under Acker's name he made notes with a pencil. Age, about forty. Married to his second wife, three children, two daughters. Runs a small unprofitable hardware store on the highway in Clanton. Wife, secretary at a bank. Drives a pickup. Likes to hunt. Wears cowboy boots. Pretty nice guy. Atcavage had gone to the hardware store Thursday to get a look at Barry Acker. Said he looked okay, talked like he had. some education. Jake wrote the number nine by the name Acker.

Jake was impressed with his research. Surely Buckley would not be as thorough.

The next name was Bill Andrews. What a name. There were six of them in the phonebook. Jake knew one, Harry Rex knew another one, and Ozzie knew a black one, but nobody knew which one got the summons. He pvut a question mark by the name.

Gerald Ault. Jake smiled when he wrote the name on the notecard. Ault had passed through his office a few years back when the bank foreclosed on his house in Clanton. His wife was stricken with kidney disease, and the medical bills broke them. He was an intellectual, educated at Princeton,

where he met his wife. She was from Ford County, the only child of a once prominent family of fools who had invested all their money in railroads. He arrived in Ford County just in time for his in-laws to go under, and the easy life he had married dissolved into one of struggle. He taught school for a while, then ran the library, then worked as a clerk in the courthouse. He developed an aversion to hard work. Then his wife got sick, and they lost their modest house. He now worked in a convenience store.

Jake knew something about Gerald Ault that no one else knew. As a child in Pennsylvania, his family lived in a farmhouse near the highway. One night while they slept, the house caught fire. A passing motorist stopped, kicked in the front door and began rescuing the Aults. The fire spread quickly, and when Gerald and his brother awoke they were trapped in their upstairs bedroom. They ran to the window and screamed. Their parents and siblings yelled helplessly from the front lawn. Flames poured from every window in the house except for their bedroom. Suddenly, the rescuer soaked himself with water from the garden hose, dashed into the burning house, fought the flames and smoke as he raced upstairs, then bolted through the bedroom door. He kicked out the window, grabbed Gerald and his brother, and jumped to the ground. Miraculously, they were not hurt. They thanked him, through tears and embraces. They thanked this stranger, whose skin was black. He was the first Negro the children had ever seen.

Gerald Ault was one of the few white people in Ford County who truly loved black people. Jake put a ten by his name.

For six hours he went through the jury list, making note-cards, concentrating on each name, envisioning each juror in the box and in deliberation, talking to each one. He rated them. Every black got an automatic ten; the whites were not so easy. The men rated higher than the women; the young men higher than the old men; the educated slightly higher than the uneducated; the liberals, both of them, received the highest ratings.

He eliminated the twenty Noose planned to exclude. He knew something about one hundred and eleven of the prospective jurors. Surely, Buckley could not know so much.

Ellen was typing on Ethel's machine when Jake returned from Lucien's. She turned it off, closed the law books she was typing from, and watched him.

" Where's dinner? " she asked with a wicked smile.

" We're taking a road trip. "

" All right! Where to? "

" Have you ever been to Robinsonville, Mississippi? "

" No, but I'm ready. What's there? "

" Nothing but cotton, soybeans, and a great little restaurant. "

" What's the dress code? "

Jake inspected her. She wore the usual-jeans, neatly starched and faded, no socks, a navy button-down that was four sizes too big but tucked in nicely above her slender hips.

" You look fine, " he said.

They turned off the copier and the lights and left Clanton in the Saab. Jake stopped at a liquor store in the black section of town and bought a six-pack of Coors and a tall, cold bottle of Chablis.

" You have to bring your own bottle to this place, " he explained as they left town. The sun was setting into the highway ahead, and Jake flipped down the sun visors. Ellen played bartender and opened two cans.

" How far is this place? " she asked.

" Hour and a half. "

" Hour and a half! I'm starving. "

" Then fill up on beer. Believe me it's worth it. "

" What's on the menu? "

" Barbecued, sauteed shrimp, frog legs, and charbroiled catfish. "

She sipped on the beer. " We'll see. "

Jake stepped on the gas, and they raced across bridges over the countless tributaries of Lake Chatulla. They climbed steep hills covered with layers of dark green kudzu. They flew around corners and dodged pulpwood trucks making their last runs of the day. Jake opened the sunroof, lowered the windows and let the wind blow. Ellen leaned back in the seat and dosed her eyes. Her thick, wavy hair swirled around her face.

" Look, Row Ark, this dinner is strictly business-"

" Sure, sure. "

" I mean it. I'm the employer, you're the employee, and this is a business meal. Nothing more or less. So don't get any lustful ideas in your ERA, sexually liberated brain. "

" Sounds like you're the one with the ideas. "

" Nope. I just know what you're thinking. "

" How do you know what I'm thinking? Why do you assume you're so irresistible and that I'm planning a big seduction scene? "

" Just keep your hands to yourself. I'm a wonderfully happily married man with a gorgeous wife who'd kill if she thought I was fooling around. "

" Okay, let's pretend to be friends. Just two friends having dinner. "

" That doesn't work in the South. A male friend cannot have dinner with a female friend if the male friend has a wife. It just doesn't work down here. "

" Why not? "

" Because men don't have female friends. No way. I don't know of a single man in the entire South who is married and has a female friend. I think it goes back to the Civil War. "

" I think it goes back to the Dark Ages. Why are Southern women so jealous? "

" Because that's the way we've trained them. They learned from us. If my wife met a male friend for lunch or dinner, I'd tear his head off and file for divorce. She learned it from me. "

" That makes absolutely no sense. "

" Of course it doesn't. "

" Your wife has no male friends? "

" None that I know of. If you learn of any, let me know. "

" And you have no female friends? "

" Why would I want female friends? They can't talk about football, or duck hunting, or politics, or lawsuits, or anything that I want to talk about. They talk about kids, clothes, recipes, coupons, furniture, stuff I know nothing about. No, I don't have any female friends. Don't want any. "

" That's what I love about the South. The people are so tolerant. "

" Thank you. "

" Do you have any Jewish friends? "

" I don't know of any in Ford County. I had a real good friend in law school, Ira Tauber, from New Jersey. We were very close. I love Jews. Jesus was a Jew, you know. I've never understood anti-Semitism. "

" My God, you are a liberal. How about, uh, homosexuals? "

" I feel sorry for them. They don't know what they're missing. But that's their problem. "

" Could you have a homosexual friend? "

" I guess, as long as he didn't tell me. "

" Nope, you're a Republican. "

She took his empty can and threw it in the back seat. She opened two more. The sun was gone, and the heavy, humid air felt cool at ninety miles an hour.

" So we can't be friends? " she said.

" Nope. "

" Nor lovers. "

" Please. I'm trying to drive. "

" So what are we? "

" I'm the lawyer, you're the law clerk. I'm the employer, you're the employee. I'm the boss, you're the gofer. "

" You're the male, I'm the female. "

Jake admired her jeans and bulky shirt. " There's not much doubt about that. "

Ellen shook her head and stared at the mountains of kudzu flying by. Jake smiled, drove faster, and sipped his beer. He negotiated a series of intersections on the rural, deserted highways and, suddenly, the hills disappeared and the land became flat.

" What's the name of the restaurant? " she asked.

" The Hollywood. "

" The what? "

" The Hollywood. "

" Why is it called that? "

" It was once located in a small town a few miles away by the name of Hollywood, Mississippi. It burned, and they moved it to Robinsonville. They still call it the Hollywood. "

" What's so great about it? "

" Great food, great music, great atmosphere, and it's a

thousand miles from Clanton and no one will see me having dinner with a strange and beautiful woman. "

" I'm not a woman, I'm a gofer. "

" A strange and beautiful gofer. "

Ellen smiled to herself and ran her fingers through her hair. At another intersection, he turned left and headed west until they found a settlement near a railroad. A row of wooden buildings sat empty on one side of the road, and across the street, all by itself, was an old dry goods store with a dozen cars parked around it and music rolling softly out the windows. Jake grabbed the bottle of Chablis and escorted his law clerk up the steps, onto the front porch, and inside the building.

Next to the door was a small stage, where a beautiful old black lady, Merle, sat at her piano and sang " Rainy Night in Georgia. " Three long rows of tables ran to the front and stopped next to the stage. The tables were half full, and* a waitress in the back poured beer from a pitcher and motioned for them to come on in. She seated them in the rear, at a small table with a red-checkered tablecloth.

" Y'all want some fried dill pickles, honey? " she asked Jake.

" Yes! Two orders. "

Ellen frowned and looked at Jake. " Fried dill pickles? "

" Yes, of course. They don't serve them in Boston? "

" Do you people fry everything? "

" Everything that's worth eating. If you don't like them, I'll eat them. "

A yell went up from the table across the aisle. Four couples toasted something or somebody, then broke into riotous laughing. The restaurant maintained a constant roar of yelling and talking.

" The good thing about the Hollywood, " Jake explained, " is that you can make all the noise you want and stay as long as you want, and nobody cares. When you get a table here, it's yours for the night. They'll start singing and dancing in a minute. "

Jake ordered sauteed shrimp and charbroiled catfish for both of them. Ellen passed on the frog legs. The waitress hurried back with the Chablis and two chilled glasses. They toasted Carl Lee Hailey and his insane mind.

" Whatta you think of Bass? " Jake asked.

" He's the perfect witness. He'll say anything we want him to say. "

" Does that bother you? "

" It would if he was a fact witness. But he's an expert, and he can get by with his opinions. Who will challenge him? "

" Is he believable? "

" When he's sober. We talked twice this week. On lues-day he was lucid and helpful. On Wednesday, he was drunk and indifferent. I think he'll be as helpful as any psychiatrist we could find. He doesn't care what the truth is, and he'll tell us what we want to hear. "

" Does he think Carl Lee was legally insane? "

" No. Do you? "

" No. Row Ark, Carl Lee told me five days before the 'killings that he would do it. He showed me the exact place where he would ambush them, although at the time I didn't realize it. Our client knew exactly what he was doing. "

" Why didn't you stop him? "

" Because I didn't believe him. His daughter had just been raped and was fighting for her life. "

" Would you have stopped him if you could? "

" I did tell Ozzie. But at the time neither of us dreamed it could happen. No, I would not have stopped him if I knew for certain. I would have done the same thing. "

" How? "

" Exactly as he did it. It was very easy. "

Ellen approached a fried dill pickle with her fork and played with it suspiciously. She cut it in half, pierced it with the fork, and sniffed it carefully. She put it in her mouth and chewed slowly. She swallowed, then pushed her pile of pickles across the table toward Jake.

" Typical yankee, " he said. " I don't understand you, Row Ark. You don't like fried dill pickles, you're attractive, very bright, you could go to work with any blue-chip law firm in the country for megabucks, yet you want to spend your career losing sleep over cutthroat murderers who are on death row and about to get their just rewards. What makes you tick, Row Ark? "

" You lose sleep over the same people. Now it's Carl

Lee Hailey. Next year it'll be some other murderer who everybody hates but you'll lose sleep over him because he happens to be your client. One of these days, Brigance, you'll have a client on death row, and you'll learn how terrible it is. When they strap him in the chair and he looks at you for the last time, you'll be a changed man. You'll know how barbaric the system is, and you'll remember Row Ark. "

" Then I'll grow a beard and join the ACLU. "

" Probably, if they would accept you. "

The sauteed shrimp arrived in a small black skillet. It simmered in butter and garlic and barbeque sauce. Ellen dipped spoonfuls onto her plate and ate like a refugee. Merle lit into a stirring rendition of " Dixie, " and the crowd sang and clapped along.

The waitress ran by and threw a platter of battered and crunchy frog legs on the table. Jake finished a glass of wine and grabbed a handful of the frog legs. Ellen tried to ignore them. When they were full of appetizers, the catfish was served. The grease popped and fizzed and they did not touch the china. It was charbroiled to a deep brown crisp with black squares from the grill burned on each side. They ate and drank slowly, watching each other and savoring the delicious entree.

At midnight, the bottle was empty and the lights were dimmed. They said good night to the waitress and to Merle. They walked carefully down the steps and to the car. Jake buckled his seat belt.

" I'm too drunk to drive, " he said.

" So am I. I saw a little motel not far down the road. "

" I saw it too, and there were no vacancies. Nice try, Row Ark. Get me drunk and try to take advantage of me. "

" I would if I could, mister. "

For a moment their eyes met. Ellen's face reflected the red light cast by the neon sign that flashed HOLLYWOOD atop the restaurant.

The moment grew longer and then the sign was turned off. The restaurant had closed.

Jake started the Saab, let it warm, and raced away into the darkness.

Mickey Mouse called Ozzie early Saturday morning at his home and promised more trouble from the Klan. 'file riot on Thursday had not been their fault, he explained, yet they were being blamed for it. They had marched in peace, and now their leader lay near death with seventy percent of his body covered with third-degree burns. There would be retaliation; it had been ordered from above. Reinforcements were on the way from other states, and there would be violence. No specifics now, but he would call later when he knew more.

Ozzie sat on the side of his bed, rubbed the swollen hump on the back of his neck and called the mayor. And he called Jake. An hour later they met in Ozzie's office.

" The situation is about to get outta hand, " Ozzie said, holding an ice pack to his neck and grimacing with every word. " I've got it from a reliable informant that the Klan plans to retaliate for what happened Thursday. They're supposed to bring fresh troops from other states. "

" Do you believe it? " asked the mayor.

" I'm afraid not to believe it. "

" Same informant? " asked Jake.

" Yep. "

" Then I believe it. "

" Somebody said there was talk of movin' or postponin' the trial, " Ozzie said. " Any chance of it? "

" No. I met with Judge Noose yesterday. It won't be moved and it'll start Monday. "

" Did you tell him about the burnin' crosses? "

" I told him everything. "

" Is he crazy? " asked the mayor.

" Yes, and stupid. But don't quote me on that. "

" Is he on solid legal ground? " asked Ozzie.

Jake shook his head. " More like quicksand. "

" What have you got in mind? " asked the mayor.

Ozzie changed ice packs and carefully rubbed his neck. He spoke with pain. " I have a strong desire to prevent another riot. Our hospital is not big enough to allow this crap to continue. We must do something. The blacks are angry and volatile, and it wouldn't take much to ignite them. Some

blacks are just lookin' for a reason to start shootin', and those white robes are good targets. I've got a hunch the Klan may do somethin' really stupid, like try to kill somebody. They're gettin' more national exposure off this than they've had in ten years. The informant told me that after Thursday they've had calls from all over the country from volunteers wantin' to come down here and join the fun. "

He slowly rolled his head around his shoulders and changed ice packs again. " I hate to say it, Mayor, but I think you should call the governor and ask for the National Guard. I know it's a drastic step, but I'd hate to get someone killed. "

" The National Guard! " the mayor repeated in disbelief.

" That's what I said. "

" Occupying Clanton? " .

" Yep. Protectin' your people. "

" Patrolling the streets? "

" Yep. With guns and everthing. "

" Oh my, this is drastic. Aren't you overreacting a bit? "

" No. It's evident I don't have enough men to keep peace around here. We couldn't even stop a riot that happened right in front of us. The Klan's burnin' crosses all over the county, and we can't do anything about it. What will we do when the blacks decide to start some trouble? I don't have enough men, Mayor. I need some help. "

Jake thought it was a marvelous idea. How could a fair and impartial jury be chosen when the National Guard had the courthouse surrounded? He thought of the jurors arriving for court Monday and walking past the soldiers with guns and jeeps and maybe even a tank or two parked in front of the courthouse. How could they be fair and impartial? How could Noose insist on trying the case in Clanton? How could the Supreme Court refuse to reverse if, heaven forbid, there was a conviction? It was a great idea.

" Whatta you think, Jake? " asked the mayor, looking for help.

" I don't think you have a choice, Mayor. We can't stand another riot. It could hurt you politically. "

" I'm not worried about politics, " the mayor replied angrily, knowing Jake and O/zie knew better. The mayor had been reelected last time by less than fifty votes and did not

make a move without weighing the political fallout. Ozzie caught a grin from Jake as the mayor squirmed with the thought of having his quiet little town occupied by the army.

After dark Saturday, Ozzie and Hastings led Carl Lee out the rear door of the jail and into the sheriff's patrol car. They talked and laughed as Hastings drove in slow motion out into the country, past Bates Grocery and onto Craft Road. The Haileys' front yard was covered with cars when they arrived, so he parked in the road. Carl Lee walked through his front door like a free man and was immediately embraced by a mob of kinfolks, friends, and his children. They had not been told he was coming. He hugged them desperately, all four at the same time in one long bear hug as if there might be no more for a long time. The crowd watched in silence as this huge man knelt on the floor and buried his head among his weeping children. Most of those in the crowd wept too.