A Time to Kill (33 page)

“Not really.”

Buckley looked at his legal pad and made a note. “Mr. Vonner, is Jake Brigance a close friend of yours?”

Harry Rex smiled and rolled his eyes at Noose. “I’m a lawyer, Mr. Buckley, my friends are few and far between. But he is one of them. Yes, sir.”

“And he asked you to come testify?”

“No. I just happened to stumble through the courtroom a few moments ago and landed here in this chair. I had no idea you guys were having a hearing this morning.”

Buckley threw his legal pad on the table and sat down. Harry Rex was excused.

“Call your next witness,” Noose ordered.

“Reverend Ollie Agee,” Jake said.

The reverend was led from the witness room and seated in the witness stand. Jake had met him at his church the day before with a list of questions. He wanted to testify. They did not discuss the NAACP lawyers.

The reverend was an excellent witness. His deep, graveled voice needed no microphone as it carried around the courtroom. Yes, he knew the details of the rape and the shooting. They were members of his church. He had known them for years, they were family almost, and he had held their hands and suffered with them after the rape. Yes, he had talked to countless people since it happened and everyone had an opinion on guilt or innocence. He and twenty-two other black ministers were members of the council and they had all talked about the Hailey case. And, no, there were no unmade minds in Ford County. A
fair trial was not possible in Ford County, in his opinion.

Buckley asked one question. “Reverend Agee, have you talked to any black who would vote to convict Carl Lee Hailey?”

“No, suh, I have not.”

The reverend was excused. He took a seat in the courtroom between two of his brethren on the council.

“Call your next witness,” Noose said.

Jake smiled at the D.A., and announced, “Sheriff Ozzie Walls.”

Buckley and Musgrove immediately locked heads and whispered. Ozzie was on their side, the side of law and order, the prosecution’s side. It was not his job to help the defense. Proves you can’t trust a nigger, thought Buckley. They take up for each other when they know they’re guilty.

Jake led Ozzie through a discussion of the rape and the backgrounds of Cobb and Willard. It was boring and repetitious, and Buckley wanted to object. But he’d been embarrassed enough for one day. Jake sensed that Buckley would remain in his seat so he dwelt on the rape and the gory details. Finally, Noose had enough.

“Move on please, Mr. Brigance.”

“Yes, Your Honor. Sheriff Walls, did you arrest Carl Lee Hailey?”

“I did.”

“Do you believe he killed Billy Ray Cobb and Pete Willard?”

“I do.”

“Have you met anybody in this county who believes he did not shoot them?”

“No, sir.”

“Is it widely believed in this county that Mr. Hailey killed them?”

“Yes. Everbody believes it. At least everbody I’ve talked to.”

“Sheriff, do you circulate in this county?”

“Yes, sir. It’s my job to know what’s goin’ on.”

“And you talk to a lot of people?”

“More than I would like.”

“Have you run across anyone who hasn’t heard of Carl Lee Hailey?”

Ozzie paused and answered slowly. “A person would have to be deaf, dumb, and blind not to know of Carl Lee Hailey.”

“Have you met anyone without an opinion on his guilt or innocence?”

“There’s no such person in this county.”

“Can he get a fair trial here?”

“I don’t know about that. I do know you can’t find twelve people who don’t know all about the rape and the shootin’.”

“No further questions,” Jake said to Noose.

“Is he your last witness?”

“Yes, sir.”

“Any cross-examination, Mr. Buckley?”

Buckley remained in his seat and shook his head.

“Good,” said His Honor. “Let’s take a short recess. I would like to see the attorneys in chambers.”

The courtroom erupted in conversation as the attorneys followed Noose and Mr. Pate through the door beside the bench. Noose closed the door to his chambers and removed his robe. Mr. Pate brought him a cup of black coffee.

“Gentlemen, I am considering imposing a gag order from now until the trial is over. I am disturbed
by the publicity, and I don’t want this case tried by the press. Any comments?”

Buckley looked pale and shaken. He opened his mouth, but nothing happened.

“Good idea, Your Honor,” Jake said painfully. “I had considered requesting such an order.”

“Yes, I’m sure you have. I’ve noticed how you run from publicity. What about you, Mr. Buckley?”

“Uh, who would it apply to?”

“You, Mr. Buckley. You, and Mr. Brigance, would be ordered not to discuss any aspect of the case or the trial with the press. It would apply to everyone, at least everyone under the control of this court. The attorneys, the clerks, the court officials, the sheriff.”

“But why?” asked Buckley.

“I don’t like the idea of the two of you trying this case through the media. I’m not blind. You’ve both fought for the spotlight, and I can only imagine what the trial will be like. A circus, that’s what it will be. Not a trial, but a three-ring circus.” Noose walked to the window and mumbled something to himself. He paused for a moment, then continued mumbling. The attorneys looked at each other, then at the awkward frame standing in the window.

“I’m imposing a gag order, effective immediately, from now until the trial is over. Violation of the order will result in contempt of court proceedings. You are not to discuss any aspect of this case with any member of the press. Any questions?”

“No, sir,” Jake said quickly.

Buckley looked at Musgrove and shook his head.

“Now, back to this hearing. Mr. Buckley, you said you have over twenty witnesses. How many do you really need?”

“Five or six.”

“That’s much better. Who are they?”

“Floyd Loyd.”

“Who’s he?”

“Supervisor, First District, Ford County.”

“What’s his testimony?”

“He’s lived here for fifty years, been in office ten years or so. In his opinion a fair trial is possible in this county.”

“I suppose he’s never heard of this case?” Noose said sarcastically.

“I’m not sure.”

“Who else?”

“Nathan Baker. Justice of the Peace, Third District, Ford County.”

“Same testimony?”

“Well, basically, yes.”

“Who else?”

“Edgar Lee Baldwin, former supervisor, Ford County.”

“He was indicted a few years back, wasn’t he?” Jake asked.

Buckley’s face turned redder than Jake had ever seen it. His huge mouth dropped open and his eyes glazed over.

“He was not convicted,” shot Musgrove.

“I didn’t say he was. I simply said he was indicted. FBI, wasn’t it?”

“Enough, enough,” said Noose. “What will Mr. Baldwin tell us?”

“He’s lived here all his life. He knows the people of Ford County, and thinks Mr. Hailey can receive a fair trial here,” Musgrove answered. Buckley remained speechless as he stared at Jake.

“Who else?”

“Sheriff Harry Bryant, Tyler County.”

“Sheriff Bryant? What’ll he say?”

Musgrove was talking for the State now. “Your Honor, we have two theories we are submitting in opposition to the motion for a change of venue. First, we contend a fair trial is possible here in Ford County. Second, if the court is of the opinion that a fair trial is not possible here, the State contends that the immense publicity has reached every prospective juror in this state. The same prejudices and opinions, for and against, which exist in this county exist in every county. Therefore, nothing will be gained by moving the trial. We have witnesses to support this second theory.”

“That’s a novel concept, Mr. Musgrove. I don’t think I’ve heard it before.”

“Neither have I,” added Jake.

“Who else do you have?”

“Robert Kelly Williams, district attorney for the Ninth District.”

“Where’s that?”

“Southwestern tip of the state.”

“He drove all the way up here to testify that everyone in his neck of the woods has already prejudged the case?”

“Yes, sir.”

“Who else?”

“Grady Liston, district attorney, Fourteenth District.”

“Same testimony?”

“Yes, sir.”

“Is that all?”

“Well, Your Honor, we have several more. But
their testimony will pretty much follow the other witnesses’.”

“Good, then we can limit your proof to these six witnesses?”

“Yes, sir.”

“I will hear your proof. I will allow each of you five minutes to conclude your arguments, and I will rule on this motion within two weeks. Any questions?”

23

__________

I
t hurt to say no to the reporters. They followed Jake across Washington Street, where he excused himself, offered his no comments, and sought refuge in his office. Undaunted, a photographer from
Newsweek
pushed his way inside and asked if Jake would pose for a photograph. He wanted one of those important ones with a stern look and thick leather books in the background. Jake straightened his tie and showed the photographer into the conference room, where he posed in court-ordered silence. The photographer thanked him and left.

“May I have a few minutes of your time?” Ethel asked politely as her boss headed for the stairs.

“Certainly.”

“Why don’t you sit down. We need to talk.”

She’s finally quitting, Jake thought as he took a seat by the front window.

“What’s on your mind?”

“Money.”

“You’re the highest-paid legal secretary in town. You got a raise three months ago.”

“Not my money. Please listen. You don’t have enough in the bank to pay this month’s bills. June is almost gone, and we’ve grossed seventeen hundred dollars.”

Jake closed his eyes and rubbed his forehead.

“Look at these bills,” she said, waving a stack of invoices. “Four thousand dollars’ worth. How am I supposed to pay these?”

“How much is in the bank?”

“Nineteen hundred dollars, as of Friday. Nothing came in this morning.”

“Nothing?”

“Not a dime.”

“What about the settlement on the Liford case? That’s three thousand in fees.”

Ethel shook her head. “Mr. Brigance, that file has not been closed. Mr. Liford has not signed the release. You were to take it by his house. Three weeks ago, remember?”

“No, I don’t remember. What about Buck Britt’s retainer? That’s a thousand dollars.”

“His check bounced. The bank returned it, and it’s been on your desk for two weeks.”

She paused and took a deep breath. “You’ve stopped seeing clients. You don’t return phone calls, and—”

“Don’t lecture me, Ethel!”

“And you’re a month behind on everything.”

“That’s enough.”

“Ever since you took the Hailey case. That’s all you think about. You’re obsessed with it. It’s going to break us.”

“Us! How many paychecks have you missed, Ethel? How many of those bills are past due? Huh?”

“Several.”

“But no more than usual, right?”

“Yes, but what about next month? The trial is four weeks away.”

“Shut up, Ethel. Just shut up. If you can’t take the pressure, then quit. If you can’t keep your mouth shut, then you’re fired.”

“You’d like to fire me, wouldn’t you?”

“I could care less.”

She was a tough, hard woman. Fourteen years with Lucien had toughened her skin and hardened her conscience, but she was a woman nonetheless, and at this moment her lip started to quiver, and her eyes watered. She dropped her head.

“I’m sorry,” she muttered. “I’m just worried.”

“Worried about what?”

“Me and Bud.”

“What’s wrong with Bud?”

“He’s a very sick man.”

“I know that.”

“His blood pressure keeps acting up. Especially after the phone calls. He’s had three strokes in five years, and he’s due for another one. He’s scared; we’re both scared.”

“How many phone calls?”

“Several. They threaten to burn our house or blow it up. They always tell us they know where we live, and if Hailey is acquitted, then they’ll burn it or stick dynamite under it while we are asleep. A couple have threatened to kill us. It’s just not worth it.”

“Maybe you should quit.”

“And starve? Bud hasn’t worked in ten years, you know that. Where else would I work?”

“Look, Ethel, I’ve had threats too. I don’t take them seriously. I promised Carla I’d give up the case before I endangered my family, and you should be
comforted by that. You and Bud should relax. The threats are not serious. There are a lot of nuts out there.”

“That’s what worries me. People are crazy enough to do something.”

“Naw, you worry too much. I’ll tell Ozzie to watch your house a bit closer.”

“Will you do that?”

“Sure. They’ve been watching mine. Take my word, Ethel, there’s nothing to worry about. Probably just some young punks.”

She wiped her eyes. “I’m sorry for crying, and I’m sorry for being so irritable lately.”

You’ve been irritable for forty years, Jake thought. “That’s okay.”

“What about these?” she asked, pointing to the invoices.

“I’ll get the money. Don’t worry about it.”

________

Willie Hastings finished the second shift at 10:00 P.M. and punched the clock next to Ozzie’s office. He drove straight to the Hailey house. It was his night to sleep on the couch. Someone slept on Gwen’s couch every night; a brother, a cousin, or a friend. Wednesday was his night.

It was impossible to sleep with the lights on. Tonya refused to go near the bed unless every light in the house was on. Those men could be in the dark, waiting for her. She had seen them many times crawling along the floor toward her bed, and lurking in the closets. She had heard their voices outside her window, and she had seen their bloodshot eyes peering in, watching her as she got ready for bed. She heard noises in the attic, like the footsteps of the bulky
cowboy boots they had kicked her with. She knew they were up there, waiting for everyone to go to sleep so they could come down and take her back to the woods. Once a week her mother and oldest brother climbed the folding stairs and inspected the attic with a flashlight and a pistol.