To Kill a Mockingbird (23 page)

To reach the courtroom, on the second floor, one passed sundry sunless county cubbyholes: the tax assessor, the tax collector, the county clerk, the county solicitor, the circuit clerk, the judge of probate lived in cool dim hutches that smelled of decaying record books mingled with old damp cement and stale urine. It was necessary to turn on the lights in the daytime; there was always a film of dust on the rough floorboards. The inhabitants of these offices were creatures of their environment: little gray-faced men, they seemed untouched by wind or sun.

We knew there was a crowd, but we had not bargained for the multitudes in the first-floor hallway. I got separated from Jem and Dill, but made my way toward the wall by the stairwell, knowing Jem would come for me eventually. I found myself in the middle of the Idlers’ Club and made myself as unobtrusive as possible. This was a group of white-shirted, khaki-trousered, suspendered old men who had spent their lives doing nothing and passed their twilight days doing same on pine benches under the live oaks on the square. Attentive critics of courthouse business, Atticus said they knew as much law as the Chief Justice, from long years of observation. Normally, they were the court’s only spectators, and today they seemed resentful of the interruption of their comfortable routine. When they spoke, their voices sounded casually important. The conversation was about my father.

“…thinks he knows what he’s doing,” one said.

“Oh-h now, I wouldn’t say that,” said another. “Atticus Finch’s a deep reader, a mighty deep reader.”

“He reads all right, that’s all he does.” The club snickered.

“Lemme tell you somethin‘ now, Billy,” a third said, “you know the court appointed him to defend this nigger.”

“Yeah, but Atticus aims to defend him. That’s what I don’t like about it.”

This was news, news that put a different light on things: Atticus had to, whether he wanted to or not. I thought it odd that he hadn’t said anything to us about it—we could have used it many times in defending him and ourselves. He had to, that’s why he was doing it, equaled fewer fights and less fussing. But did that explain the town’s attitude? The court appointed Atticus to defend him. Atticus aimed to defend him. That’s what they didn’t like about it. It was confusing.

The Negroes, having waited for the white people to go upstairs, began to come in. “Whoa now, just a minute,” said a club member, holding up his walking stick. “Just don’t start up them there stairs yet awhile.”

The club began its stiff-jointed climb and ran into Dill and Jem on their way down looking for me. They squeezed past and Jem called, “Scout, come on, there ain’t a seat left. We’ll hafta stand up.”

“Looka there, now.” he said irritably, as the black people surged upstairs. The old men ahead of them would take most of the standing room. We were out of luck and it was my fault, Jem informed me. We stood miserably by the wall.

“Can’t you all get in?”

Reverend Sykes was looking down at us, black hat in hand.

“Hey, Reverend,” said Jem. “Naw, Scout here messed us up.”

“Well, let’s see what we can do.”

Reverend Sykes edged his way upstairs. In a few moments he was back. “There’s not a seat downstairs. Do you all reckon it’ll be all right if you all came to the balcony with me?”

“Gosh yes,” said Jem. Happily, we sped ahead of Reverend Sykes to the courtroom floor. There, we went up a covered staircase and waited at the door. Reverend Sykes came puffing behind us, and steered us gently through the black people in the balcony. Four Negroes rose and gave us their front-row seats.

The Colored balcony ran along three walls of the courtroom like a second-story veranda, and from it we could see everything.

The jury sat to the left, under long windows. Sunburned, lanky, they seemed to be all farmers, but this was natural: townfolk rarely sat on juries, they were either struck or excused. One or two of the jury looked vaguely like dressed-up Cunninghams. At this stage they sat straight and alert.

The circuit solicitor and another man, Atticus and Tom Robinson sat at tables with their backs to us. There was a brown book and some yellow tablets on the solicitor’s table; Atticus’s was bare. Just inside the railing that divided the spectators from the court, the witnesses sat on cowhide-bottomed chairs. Their backs were to us.

Judge Taylor was on the bench, looking like a sleepy old shark, his pilot fish writing rapidly below in front of him. Judge Taylor looked like most judges I had ever seen: amiable, white-haired, slightly ruddy-faced, he was a man who ran his court with an alarming informality—he sometimes propped his feet up, he often cleaned his fingernails with his pocket knife. In long equity hearings, especially after dinner, he gave the impression of dozing, an impression dispelled forever when a lawyer once deliberately pushed a pile of books to the floor in a desperate effort to wake him up. Without opening his eyes, Judge Taylor murmured, “Mr. Whitley, do that again and it’ll cost you one hundred dollars.”

He was a man learned in the law, and although he seemed to take his job casually, in reality he kept a firm grip on any proceedings that came before him. Only once was Judge Taylor ever seen at a dead standstill in open court, and the Cunninghams stopped him. Old Sarum, their stamping grounds, was populated by two families separate and apart in the beginning, but unfortunately bearing the same name. The Cunninghams married the Coninghams until the spelling of the names was academic—academic until a Cunningham disputed a Coningham over land titles and took to the law. During a controversy of this character, Jeems Cunningham testified that his mother spelled it Cunningham on deeds and things, but she was really a Coningham, she was an uncertain speller, a seldom reader, and was given to looking far away sometimes when she sat on the front gallery in the evening. After nine hours of listening to the eccentricities of Old Sarum’s inhabitants, Judge Taylor threw the case out of court. When asked upon what grounds, Judge Taylor said, “Champertous connivance,” and declared he hoped to God the litigants were satisfied by each having had their public say. They were. That was all they had wanted in the first place.

Judge Taylor had one interesting habit. He permitted smoking in his courtroom but did not himself indulge: sometimes, if one was lucky, one had the privilege of watching him put a long dry cigar into his mouth and munch it slowly up. Bit by bit the dead cigar would disappear, to reappear some hours later as a flat slick mess, its essence extracted and mingling with Judge Taylor’s digestive juices. I once asked Atticus how Mrs. Taylor stood to kiss him, but Atticus said they didn’t kiss much.

The witness stand was to the right of Judge Taylor, and when we got to our seats Mr. Heck Tate was already on it.

“Jem,” I said, “are those the Ewells sittin‘ down yonder?”

“Hush,” said Jem, “Mr. Heck Tate’s testifyin‘.”

Mr. Tate had dressed for the occasion. He wore an ordinary business suit, which made him look somehow like every other man: gone were his high boots, lumber jacket, and bullet-studded belt. From that moment he ceased to terrify me. He was sitting forward in the witness chair, his hands clasped between his knees, listening attentively to the circuit solicitor.

The solicitor, a Mr. Gilmer, was not well known to us. He was from Abbottsville; we saw him only when court convened, and that rarely, for court was of no special interest to Jem and me. A balding, smooth-faced man, he could have been anywhere between forty and sixty. Although his back was to us, we knew he had a slight cast in one of his eyes which he used to his advantage: he seemed to be looking at a person when he was actually doing nothing of the kind, thus he was hell on juries and witnesses. The jury, thinking themselves under close scrutiny, paid attention; so did the witnesses, thinking likewise.

“…in your own words, Mr. Tate,” Mr. Gilmer was saying.

“Well,” said Mr. Tate, touching his glasses and speaking to his knees, “I was called—”

“Could you say it to the jury, Mr. Tate? Thank you. Who called you?”

Mr. Tate said, “I was fetched by Bob—by Mr. Bob Ewell yonder, one night—”

“What night, sir?”

Mr. Tate said, “It was the night of November twenty-first. I was just leaving my office to go home when B—Mr. Ewell came in, very excited he was, and said get out to his house quick, some nigger’d raped his girl.”

“Did you go?”

“Certainly. Got in the car and went out as fast as I could.”

“And what did you find?”

“Found her lying on the floor in the middle of the front room, one on the right as you go in. She was pretty well beat up, but I heaved her to her feet and she washed her face in a bucket in the corner and said she was all right. I asked her who hurt her and she said it was Tom Robinson—”

Judge Taylor, who had been concentrating on his fingernails, looked up as if he were expecting an objection, but Atticus was quiet.

“—asked her if he beat her like that, she said yes he had. Asked her if he took advantage of her and she said yes he did. So I went down to Robinson’s house and brought him back. She identified him as the one, so I took him in. That’s all there was to it.”

“Thank you,” said Mr. Gilmer.

Judge Taylor said, “Any questions, Atticus?”

“Yes,” said my father. He was sitting behind his table; his chair was skewed to one side, his legs were crossed and one arm was resting on the back of his chair.

“Did you call a doctor, Sheriff? Did anybody call a doctor?” asked Atticus.

“No sir,” said Mr. Tate.

“Didn’t call a doctor?”

“No sir,” repeated Mr. Tate.

“Why not?” There was an edge to Atticus’s voice.

“Well I can tell you why I didn’t. It wasn’t necessary, Mr. Finch. She was mighty banged up. Something sho‘ happened, it was obvious.”

“But you didn’t call a doctor? While you were there did anyone send for one, fetch one, carry her to one?”

“No sir—”

Judge Taylor broke in. “He’s answered the question three times, Atticus. He didn’t call a doctor.”

Atticus said, “I just wanted to make sure, Judge,” and the judge smiled.

Jem’s hand, which was resting on the balcony rail, tightened around it. He drew in his breath suddenly. Glancing below, I saw no corresponding reaction, and wondered if Jem was trying to be dramatic. Dill was watching peacefully, and so was Reverend Sykes beside him.

“What is it?” I whispered, and got a terse, “Sh-h!”

“Sheriff,” Atticus was saying, “you say she was mighty banged up. In what way?”

“Well—”

“Just describe her injuries, Heck.”

“Well, she was beaten around the head. There was already bruises comin‘ on her arms, and it happened about thirty minutes before—”

“How do you know?”

Mr. Tate grinned. “Sorry, that’s what they said. Anyway, she was pretty bruised up when I got there, and she had a black eye comin‘.”

“Which eye?”

Mr. Tate blinked and ran his hands through his hair. “Let’s see,” he said softly, then he looked at Atticus as if he considered the question childish. “Can’t you remember?” Atticus asked.

Mr. Tate pointed to an invisible person five inches in front of him and said, “Her left.”

“Wait a minute, Sheriff,” said Atticus. “Was it her left facing you or her left looking the same way you were?”

Mr. Tate said, “Oh yes, that’d make it her right. It was her right eye, Mr. Finch. I remember now, she was bunged up on that side of her face…”

Mr. Tate blinked again, as if something had suddenly been made plain to him. Then he turned his head and looked around at Tom Robinson. As if by instinct, Tom Robinson raised his head.

Something had been made plain to Atticus also, and it brought him to his feet. “Sheriff, please repeat what you said.”

“It was her right eye, I said.”

“No…” Atticus walked to the court reporter’s desk and bent down to the furiously scribbling hand. It stopped, flipped back the shorthand pad, and the court reporter said, “‘Mr. Finch. I remember now she was bunged up on that side of the face.’”

Atticus looked up at Mr. Tate. “Which side again, Heck?”

“The right side, Mr. Finch, but she had more bruises—you wanta hear about ‘em?”

Atticus seemed to be bordering on another question, but he thought better of it and said, “Yes, what were her other injuries?” As Mr. Tate answered, Atticus turned and looked at Tom Robinson as if to say this was something they hadn’t bargained for.

“…her arms were bruised, and she showed me her neck. There were definite finger marks on her gullet—”

“All around her throat? At the back of her neck?”

“I’d say they were all around, Mr. Finch.”

“You would?”

“Yes sir, she had a small throat, anybody could’a reached around it with—”

“Just answer the question yes or no, please, Sheriff,” said Atticus dryly, and Mr. Tate fell silent.

Atticus sat down and nodded to the circuit solicitor, who shook his head at the judge, who nodded to Mr. Tate, who rose stiffly and stepped down from the witness stand.

Below us, heads turned, feet scraped the floor, babies were shifted to shoulders, and a few children scampered out of the courtroom. The Negroes behind us whispered softly among themselves; Dill was asking Reverend Sykes what it was all about, but Reverend Sykes said he didn’t know. So far, things were utterly dull: nobody had thundered, there were no arguments between opposing counsel, there was no drama; a grave disappointment to all present, it seemed. Atticus was proceeding amiably, as if he were involved in a title dispute. With his infinite capacity for calming turbulent seas, he could make a rape case as dry as a sermon. Gone was the terror in my mind of stale whiskey and barnyard smells, of sleepy-eyed sullen men, of a husky voice calling in the night, “Mr. Finch? They gone?” Our nightmare had gone with daylight, everything would come out all right.

All the spectators were as relaxed as Judge Taylor, except Jem. His mouth was twisted into a purposeful half-grin, and his eyes happy about, and he said something about corroborating evidence, which made me sure he was showing off.