Billy (35 page)
it, but th
eys
dra
gs
him aw
ay a
nd th
eys
han
g
him ri
g
ht
s
down th
e
r
es
wh
ere
th
e
road
s goes ove
r Lh
e
C
a
lfi
s
h
.
Th
e
m
s
w
e
r
e
bad tim
es
. Ya all
ca
n
'
t
s re
m
e
mb
e
r
. We
rn
'
t
s
born
ye
t
s.
Th
e
m
s
w
e
r
e
b
a
d tim
es
.
T
h
ey's co
mi n
agi
n
s
.
"
P
a
t
c
h do
gs
b
a
rk
e
d
.
Th
e
bi
g gray c
a
r s
low
e
d and th
e
n
s
t
o
pp
e
d down on th
e
r
e
d Pat
c
h Ro
a
d.
Pa
t
c
h m
a
m
as ca
ll
e
d th
e
ir
c
hi
l
dr
e
n. P
a
t
c
h
fo
lk
s
B I L L Y
I
157
stilled their doings. Wilbur Braxton ea
s
ed his car door op
e
n
,
then stood and put hi
s
hand up to shield his eyes from th
e
sun as he looked up into the Patch sha
c
k
s
.
Katey watched the white man from a distance, then shud dered and frantically whispered to Cinder
, "
Child
, c
hild, h
e
comin heres. He's comin ups her
e
. Lord
s,
what's this man wants?"
Cinder came to the door and watched the man weave up the yard path. She stared to see his e
y
es, but she could n
o
t. "Good day, ma
'
am. My name is Wilbur Bra
x
ton. I'm look-
ing for Cinder Turner
,
" he said as he looked at Katey.
Katey asked qui
c
kl
y,
"What ya wantin with her?"
Cinder stood in the doorway and kept her eyes on the m
a
n
. "
I am an attorney.
"
Wilbur Braxton i
s
speaking softl
y
.
"
I
have been appointed b
y
the court to defend her son
,
Bill
y.
I
just like to talk with her for a mom
e
nt."
"What that mean?" Katey was
s
a
y
ing before Cind
e
r stepped out of the shade of the doorwa
y
and
c
ame out onto the porch. "I'm Cinder Turner," she said sharply.
Wilbur Braxton looked up at Cind
e
r and was sil
e
nt for a moment, then said,
"
Mrs. Turn
e
r, I'm Wilbur Bra
x
ton. I'm a lawyer. I've been appointed by the court to d
e
fend your
s
on
,
Billy.
I
like to ask you a few questions if
I
may."
Slowly, Cinder com
es
down from the por
c
h. Her
eyes
ar
e
tired and strained, her long black hair hang
s
loo
se
l
y
o
ve
r h
er
shoulders, h
e
r copper skin se
e
ms tarni
s
h
e
d from th
e
rou
g
h days and the claws of the night. Sh
e s
tood
s
il
e
ntly for a m
o
ment and looked in Wilbur Bra
x
ton'
s eyes
befor
e
a
s
k i n
g,
"What's going ta happ
e
n ta him?"
"I'm going to do my best, Mrs. Turn
e
r.
I'll
do m
y
b
es
t l
o
see that Billy gets a fair trial.
I
k now you want him hom
e
.
l'll
do my best."
15/l I Albert French
'·When can
I
see
him?"
"l'll
inquire
with
the
sheriff.
I'm quite
sure
you will be
able
to
see
h im
soon.''
Megan Braxton was
sitting
in her father's
ca
r.
She
had m
sisted
011
coming
to the Patch wi th him.
Some of
the
children
have
come
n
ear
the car,
but when
she
looks
at
them
they
run
away. She can see
up into the
shacks
and shanties and
watches
her father
gesturing
to the Indian-looking
colored woman with
the long black hair. She
sees
the
others,
the liv ing
souls of
the
shacks and shanties, standing silently watch ing
her
father. She
has
always seen
them from
a distance.
They
are
th
e
pickers of
th
e
fields.
They
are
there
when
th
e
sun comes, their
c
hants
give music in the
da
y,
then the
y
leave
wi th
the last light
of
day. Her
father
is
coming
back
down
the weavi ng
path;
h
e
ha
s
left
the
Indian-looking
colored woman standing erect in the shambles of despair around
her.
Agony chased Wilbur Braxton, and
ti m
e
ran
away
from him. He
had
filed motion after motion before
Jud
ge
A.
J.
Harper and
argued
in
the
hot
, sticky
h
earing
room.
"My Cod, You r
Honor,"
he
had
pleaded, "this boy
is
only ten
yea
rs
old. Obviously
h
e
i
s
not
an adult, or
eve
n
close
t
o
hi
s
manhood.
Th
e
fact is, Bi lly Lee Tu rner is just
a c
hild. This
case
must be tried
in
juveni le
court.
Tryi ng
thi
s c
hild in
an adult
court
is
a c
l
ear
violat ion of his rights. Certai nly
h
e
cannot be judged by a jury of
hi
s
peers. A nd for the State of
M is
s
is
s
ippi to
seek
a first-degree
mu rd
er
indictment and
to
be
seek
ing th
e
death penalt y for a
t
en-year-o
ld
boy, a
chi
ld,
is
si
mpl
y
i mmoral.
You r Honor, the defense asks
th
a
t th
e c
harg
e
of first-degree murder be
l
esse
n
ed
to
a c
har
ge
of in vol untary
man
s
lau
g
ht
er
and be
tri
e
d
i n the appropriate
co
urt
of judiciary prudence.''
J ud
ge
A.
J
.
Harp
er
had
sat
and
l i
s
t
e
n
ed
.
B I L L Y
I
159
Ely Hampton jumped to his feet and spoke quickly.
"
Your Honor, this boy here didn't steal some cand
y
or break a win dow and run off. This here boy, regardless of his age, commit ted murder in the first degree. Murder is no child's crime. And let me remind the defense that there is a little white child lying out there in her grave. The State has the obliga tion and the will to prosecute as the law prescribes. Ah might add here that the law is very clear.
If
a minor commits an adult crime, and murder in and by its nature is an adult of fense, that minor, regardless of age, is to be tried a
s
an
a
dult, and punished accordingly if convicted. This here bo
y
i
s
no child when he kills."
Judge Harper had leaned back in hi
s c
hair and was pon dering his thoughts. Wilbur Braxton quickly said,
"
Your Honor," then sighed and shook his head and continued
,
"Th
e
State's mer
e
mention of imposing a death sent
e
n
ce
on a t
e
n year-old Negro boy will send thunderous shock waves through this entire nation. Mississippi will be scorned by every stat
e
in this country."
Judge Harper jerked his head up, his eyes steadied on Wilbur Braxton's face. His words came quickly. "This is Mi
s
sissippi. That little girl was Mississippi. This Nigra, this Bill
y
Lee Turner, is Mississippi, and Mississippi will attend ta it
s
own affairs as it sees
fit.
I hope I have made myself cl
e
ar
."
Wilbur Braxton stood sil
e
ntly shaking his head.
Judge Harper cleared his throat, then gave his ruling:
"
Th
e
State of Mississippi will hear the case of
Mississippi
v
e
r
s
u
s
Billy
Lee Turner
in the Banes County Di
s
trict Court. Du
e
t
o
the nature of these her
e
charges, this bo
y
will be tri
e
d a
s a
n adult. However, the jury
will
be
c
harged wit h finding th
e
.
d
e
gree of this boy's guilt. I am s
e
tting th
e
date for thi
s
t ri
a
l t
a
be held November first of this year. Thi
s
cou rt i
s
adjourn
e
d
.''
160 I Albert French
Harvey Jakes'
paper
told Banes folks the news of Judge Harper's ruling.
An
uneasy
calm
with ripples of waiting set tled over Banes.
Sheriff Tom had kept Gumpy in Billy's
cell
and gave them a
checkers set.
He told Deputy
Hill,
"That
will keep em quiet."
When
the nights
fell,
the long hours
of
darkness seemed not to go away. Billy and Gumpy would
cuddle
together
be neath their blanket. The long silent hours would sometimes bri ng whispers in the nights: "Billy, Billy,
ya's sleep?"
Silence.
"Billy,
ya sleep?"
"Whats?"
"Ya
sleepin? Ya think it's be morni n
soon?" "Ah
don
't
s
know."
Gumpy was warm to Billy in the nights. Long days may
see smiles
in a shaded
cell,
or hear laughter. Billy was
getting
real good with his
checkers.
