A Time to Kill

The Ford County grand jury had been busy, and by Thursday of the second week of the term Jake had been retained by two freshly indicted defendants. One was a black who cut another black at Massey's Tonk back in April. Jake enjoyed the stabbings because acquittals were possible; just get an all-white jury full of rednecks who could care less if all niggers stabbed each other. They were just having a little fun down at the tonk, things got out of hand, one got stabbed, but didn't die. No harm, no conviction. It was similar to the strategy Jake had learned with Lester Hailey. The new client promised fifteen hundred dollars, but first had to post bond.

The other new indictee was a white kid caught driving a stolen pickup. It was the third time he'd been caught in a stolen pickup, and there was no way to keep him out of Parchman for seven years.

Both were in jail, and their presence there afforded Jake the opportunity, and duty, to visit them and check with Ozzie. Late Thursday afternoon he found the sheriff in his office.

"Are you busy?" Jake asked. A hundred pounds of paper was strewn over the desk and onto the floor.

"No, just paperwork. Any more burnin' crosses?"

"No, thank God. One's enough."

"I haven't seen your friend from Memphis."

"That's strange," said Jake. "I thought he would be here by now. Have you talked to Carl Lee?"

"Every day. He's gettin' nervous. The lawyer ain't even called, Jake."

"Good. Let him sweat. I don't feel sorry for him."

"You think he made a mistake?"

"I know he did. I know these rednecks around here, Ozzie, and I know how they act when you put them on a jury. They won't be impressed by some slick-talking foreigner. You agree?"

"I don't know. You're the lawyer. I don't doubt what you say, Jake. I've seen you work."

"He's not even licensed to practice in Mississippi. Judge Noose is laying for him. He hates out-of-state lawyers."

"You're kiddin'?"

"Nope. I talked to him yesterday."

Ozzie looked disturbed and eyed Jake carefully. "You wanna see him?"

"Who?"

"Carl Lee."

"No! I have no reason to see him." Jake glanced in his briefcase. "I need to see Leroy Glass, aggravated assault."

"You got Leroy?"

"Yeah. His folks came in this morning."

"Follow me."

Jake waited in the Intoxilyzer room while a trusty went for the new client. Leroy wore the standard Ford County jail issue of glow-in-the-dark orange coveralls. Pink sponge rollers shot in all directions from his scalp, and two long greasy cornrows clung to the back of his neck. His black leathery feet were protected from the dirty linoleum by a pair of lime green terrycloth slides. No socks. A wicked, aged scar started next to his right ear lobe, made the ridge over his cheekbone, and connected neatly with his right nostril. It proved beyond a reasonable doubt that Leroy was no stranger to stabbings and carvings. He wore it like a medal. He smoked Kools.

"Leroy, I'm Jake Brigance," the lawyer introduced him-

self and pointed to a folding chair next to the Pepsi machine. "Your momma and brother hired me this morning."

"Good to know you, Mr. Jake."

A trusty waited in the hall by the door as Jake asked questions. He filled three pages of notes on Leroy Glass. Of primary interest, at least at this point, was money. How much did he have, and where could he find more. They would talk about the stabbing later. Aunts, uncles, brothers, sisters, friends, anyone with a job who might be able to make a loan. Jake took phone numbers.

"Who referred you to me?" Jake asked.

"Saw you on TV, Mr. Jake. You and Carl Lee Hailey."

Jake was proud, but did not smile. Television was just part of his job. "You know Carl Lee?"

"Yeah, know Lester too. You's Lester's lawyer, wasn't you?"

"Yes."

"Me and Carl Lee in the same cell. Moved me last night."

"You don't say."

"Yeah. He don't talk much. He said you's a real good lawyer and all, but he found somebody else from Memphis."

"That's right. What does he think of his new lawyer?"

"I don't know, Mr. Jake. He was fussin' this mornin' cause the new lawyer ain't been to see him yet. He say you come to see him all the time and talk 'bout the case, but the new lawyer, some funny name, ain't even been down to meet him yet."

Jake concealed his delight with a grim face, but it was difficult. "I'll tell you something if you promise you won't tell Carl Lee."

"Okay."

"His new lawyer can't come to see him."

"No! Why not?"

"Because he doesn't have a license to practice law in Mississippi. He's a Tennessee lawyer. He'll get thrown out of court if he comes down here by himself. I'm afraid Carl Lee's made a big mistake."

"Why don't you tell him?"

"Because he's already fired me. I can't give him advice anymore."

"Somebody ought to."

"You just promised you won't, okay?"

"Okay. I won't."

"Promise?"

"I swear."

"Good. I gotta go. I'll meet with the bondsman in the morning, and maybe we'll have you out in a day or so. Not a word to Carl Lee, right?"

"Right."

Tank Scales was leaning on the Saab in the parking lot when Jake left the jail. He stepped on a cigarette butt and pulled a piece of paper from his shirt pocket. "Two numbers. Top one's for home, bottom for work. But don't call at work unless you have to."

"Good work, Tank. Did you get them from Iris?"

"Yeah. She didn't want to. She stopped by the tonk last night and I got her drunk."

"I owe you one."

"I'll get it, sooner or later."

It was dark, almost eight o'clock. Dinner was cold, but that was not unusual. That's why he had bought her a microwave. She was accustomed to the hours and the warmed-over dinners,- and she did not complain. They would eat when he came home, whether it was six or ten.

Jake drove from the jail to his office. He wouldn't dare call Lester from home, not with Carla listening. He settled behind his desk and stared at the numbers Tank had located. Carl Lee had told him not to make this call. Why should he do it? Would it be solicitation? Unethical? Would it be unethical to call Lester and tell him that Carl Lee had fired him and hired another lawyer? No. And to answer Lester's questions about the new lawyer? No. And to express concern? No. And to criticize the new lawyer? Probably not. Would it be unethical to encourage Lester to talk to his brother? No. And convince him to fire Marsharfsky? Probably so. And to rehire Jake? Yes, no doubt about it. That would be very unethical. What if he just called Lester and talked about Carl Lee and allowed the conversation to follow its own course.

"Hello."

"Is there a Lester Hailey there?"

"Yes. Who's calling?" came the accented reply from the Swede.

"Jake Brigance, from Mississippi."

"One moment."

Jake checked his watch. Eight-thirty. It was the same time in Chicago, wasn't it?

"Jake!"

"Lester, how are you?"

"Fine, Jake. Tired, but fine. How 'bout you?"

"Great. Listen, have you talked to Carl Lee this week?"

"No. I left Friday, and I've been workin' two shifts since Sunday. I ain't had time for nothin'."

"You seen the newspapers?"

"No. What's happened?"

"You won't believe it, Lester."

"What is it, Jake?"

"Carl Lee fired me and hired a big-shot lawyer from Memphis."

"What! You're kiddin'? When?"

"Last Friday. I guess after you left. He didn't bother to tell me. I read it in the Memphis paper Saturday morning."

"He's crazy. Why'd he do it, Jake? Who'd he hire?"

"You know a guy named Cat Bruster from Memphis?"

"Of course."

"It's his lawyer. Cat's paying for it. He drove down from Memphis last Friday and saw Carl Lee at the jail. Next morning I saw my picture in the paper and read where I've been fired."

"Who's the lawyer?"

"Bo Marsharfsky."

"He any good?"

"He's a crook. He defends all the pimps and drug dealers in Memphis."

"Sounds like a Polack."

"He is. I think he's from Chicago."

"Yeah, bunch of Polacks up here. Does he talk like these?"

"Like he's got a mouthful of hot grease. He'll go over big in Ford County."

"Stupid, stupid, stupid. Carl Lee never was too bright. I always had to think for him. Stupid, stupid."

"Yeah, he's made a mistake, Lester. You know what a murder trial is like because you've been there. You realize how important that jury is when they leave the courtroom and go to the jury room. Your life is in their hands. Twelve local people back there fighting and arguing over your case, your life. The jury's the most important part. That's why you gotta be able to talk to the jury."

"That's right, Jake. You can do it too."

"I'm sure Marsharfsky can do it in Memphis, but not Ford County. Not jn rural Mississippi. These people won't trust him."

"You're right, Jake. I can't believe he did it. He's screwed up again."

"He did it, Lester, and I'm worried about him."

"Have you talked to him?"

"Last Saturday, after I saw the newspaper, I went straight to the jail. I asked him why, and he could not answer. He felt bad about it. I haven't talked to him since then. But neither has Marsharfsky. He hasn't found Clanton yet, and I understand Carl Lee's upset. As far as I can tell, nothing has been done on the case this week."

"Has Ozzie talked to him?"

"Yeah, but you know Ozzie. He's not gonna say too much. He knows Bruster's a crook and Marsharfsky's a crook, but he won't lean on Carl Lee."

"Man oh man. I can't believe it. He's stupid if he thinks those rednecks'll listen to some shyster from Memphis. Hell, Jake, they don't trust the lawyers from Tyler County and it's next door. Man oh man."

Jake smiled at the receiver. So far, nothing unethical.

"What should I do, Jake?"

"I don't know, Lester. He needs some help, and you're the only one he'll listen to. You know how headstrong he is."

"I guess I'd better call him."

No, thought Jake, it would be easier for Carl Lee to say no over the phone. Confrontation was needed between the brothers. A drive from Chicago would make an impact.

"I don't think you'll get very far over the phone. His

mind's made up. Only you can change it, and you can't do it over the phone."

Lester paused a few seconds while Jake waited anxiously. "What's today?",

"Thursday, June 6."

"Let's see," Lester mumbled. "I'm ten hours away. I work the four-to-midnight shift tomorrow and again Sunday. I could leave here midnight tomorrow, and be in Clanton by ten Saturday mornin'. Then I could leave early Sunday mornin' and be back by four. That's a lot of drivin', but I can handle it."

"It's very important, Lester. I think it's worth the trip."

"Where will you be Saturday, Jake?"

"Here at the office."

"Okay. I'll go to the jail, and if I need you I'll call the office."

"Sounds good. One other thing, Lester. Carl Lee told me not to call you. Don't mention it."

"What'll I tell him?"

"Tell him you called Iris, and she gave you the story."

"Iris who?"

"Come on, Lester. It's been common knowledge around here for years. Everybody knows it but her husband, and he'll find out."

"I hope not. We'll have us another murder. You'll have another client."

"Please. I can't keep the ones I've got. Call me Saturday."

He ate from the microwave at ten-thirty. Hanna was asleep. They talked about Leroy Glass and the white kid in the stolen pickup. About Carl Lee, but not about Lester. She felt better, safer now that Carl Lee Hailey was behind them. No more calls. No more burning crosses. No more stares at church. There would be other cases, she promised. He said little; just ate and smiled.

Just before the courthouse closed on Friday, Jake called the clerk to see if a trial was in progress. No, she said, Noose was gone. Buckley, Musgrove, everybody was gone. The courtroom was deserted. Secure with that knowledge, Jake eased across the street, through the rear door of the courthouse, and down the hall to the clerk's office. He flirted with the clerks and secretaries while he located Carl Lee's file. He held his breath as he flipped through the pages. Good! Just as he had hoped. Nothing had been added to the file all week, with the exception of his motion to withdraw as counsel. Marsharfsky and his local counsel had not touched the file. Nothing had been done. He flirted some more and eased back to his office.

Leroy Glass was still in jail. His bond was ten thousand dollars, and his family couldn't raise the thousand-dollar premium to pay a bondsman. So he continued to share the cell with Carl Lee. Jake had a friend who was a bondsman and who took care of Jake's clients. If a client needed out of jail, and there was little danger of him disappearing once he was sprung, the bond would be written. Terms were available for Jake's clients. Say, five percent down and so much a month. If Jake wanted Leroy Glass out of jail, the bond could be written anytime. But Jake needed him in jail.

"Look, Leroy, I'm sorry. I'm working with the bondsman," Jake explained to his client in the Intoxilyzer room.

"But you said I'd be out by now."

"Your folks don't have the money, Leroy. I can't pay it myself. We'll get you out, but it'll take a few days. I want you out so you can go to work, make some money and pay me."

Leroy seemed satisfied. "Okay, Mr. Jake, just do what you can."

"Food's pretty good here, isn't it?" Jake asked with a smile.

"It ain't bad. Better at home."

"We'll get you out," Jake promised.

"How's the nigger I stabbed?"

"Not sure. Ozzie said he's still in the hospital. Moss

Thrum says he's been released. Who knows. I don't think he's hurt too bad."

"Who was the woman?" Jake asked, unable to remember the details.

"Willie's woman."

"Willie who?"

"Willie Hoyt."

Jake thought for a second and tried to recall the indictment. "That's not the man you stabbed."

"Naw, he's Curtis Sprawling."

"You mean, y'all were fighting over another man's woman?"

"That's right."

"Where was Willie?"

"He was fightin' too."

"Who was he fighting?"

"Some other dude."

"You mean the four of you were fighting over Willie's woman?"

"Yeah, you got it."

"What caused the fight?"

"Her husband was outta town."

"She's married?"

"That's right."

"What's her husband's name?"

"Johnny Sands. When he's outta town, there's normally a fight."

"Why is that?"

'"Cause she ain't got no kids, can't have any, and she likes to have company. Know what I mean? When he leaves, everybody knows it. If she shows up at a tonk, look out for a fight."

What a trial, thought Jake. "But I thought you said she showed up with Willie Hoyt?"

"That's right. But that don't mean nothin' because everybody at the tonk starts easin' up on her, buyin' drinks, wantin' to dance. You can't help it."

"Some woman, huh?"

"Oh, Mr. Jake, she looks so good. You oughtta see her."

"I will. On the witness stand."

Leroy gazed at the wall, smiling, dreaming, lusting after the wife of Johnny Sands. Never mind that he stabbed a man and could get twenty years. He had proven, in hand-to-hand combat, that he was worthy.

"Listen, Leroy, you haven't talked to Carl Lee, have you?"

"Sure. I'm still in his cell. We talk all the time. Ain't much else to do."

"You haven't told him what we discussed yesterday?"

"Oh no. I told you I wouldn't."

"Good."

"But I'll tell you this, Mr. Jake, he's some kinda worried. He ain't heard from his new lawyer. He's bad upset. I had to bite my tongue to keep from tellin' him, but I didn't. I did tell him you were my lawyer."

"That's okay."

"He said you was good 'bout comin' by the jail and talkin' 'bout the case and all. He said I hired a good lawyer."

"Not good enough for him, though."

"I think Carl Lee's confused. He ain't sure who to trust or anything. He's a good dude."

"Well, don't be telling him what we discussed, right? It's confidential."

"Right. But somebody needs to."

"He didn't consult with me or anyone else before he fired me and hired his new lawyer. He's a grown man. He made the decision. It's his baby." Jake paused and moved closer to Leroy. He lowered his voice. "And I'll tell you something else, but you can't tell it. I checked his court file thirty minutes ago. His new lawyer hasn't touched the case all week. Not one thing has been filed. Nothing."

Leroy frowned and shook his head. "Man oh man."

His lawyer continued. "These big shots operate like that. Talk a lot, blow a lot of smoke, fly by the seat of their pants. Take more cases than they can handle, and end up losing more than they win. I know them. I watch them all the time. Most are overrated."

"Is that why he ain't been to see Carl Lee?"

"Sure. He's too busy. Plus he's got plenty of other big cases. He don't care about Carl Lee."

"That's bad. Carl Lee deserves better."

"It was his choice. He'll have to live with it."

"You think he'll be convicted, Mr. Jake?"

"No doubt about it. He's looking at the gas chamber.

He's hired a bogus big-shot lawyer who doesn't have time to

work on his case, doesn't even have the time to talk to him

in jail."

"Are you sayin' you could get him off?"

Jake relaxed and crossed his legs. "No, I never make

that promise, and I won't make it for your trial. A lawyer is

stupid if he promises an acquittal. Too many things can go

wrong at trial."

"Carl Lee said his lawyer promised a not guilty in the

newspaper."

"He's a fool."

"Where you been?" Carl Lee asked his cellmate as the jailer locked the door.

"Talkin' to my lawyer."

"Jake?"

"Yeah."

Leroy sat on his bunk directly across the cell from Carl Lee, who was rereading a newspaper. He folded the paper and laid it under his bunk.

"You look worried," Carl Lee said. "Bad news about your case?"

"Naw. Just can't make my bail. Jake says it'll be a few days."

"Jake talk about me?"

"Naw. Not much."

"Not much? What'd he say?"

"Just ask how you was."

"That all?"

"Yeah."

"He's not mad at me?"

"Naw. He might be worried about you, but I don't think he's mad."

"Why's he worried about me?"

"I don't know," Leroy answered as he stretched out on his bunk, folding his hands behind his head.

"Come on, Leroy. You know somethin' you ain't tellin'. What'd Jake say about me?"

"Jake said I can't tell you what we talk about. He says it's confidential. You wouldn't want your lawyer repeatin' what y'all talk about, would you?"

"I ain't seen my lawyer."

"You had a good lawyer till you fired him."

"I gotta good one now."

- "How do you know? You ain't ever met him. He's too busy to come talk to you, and if he's that busy, he ain't got time to work on your case."

"How do you know about him?"

"I asked Jake."

"Yeah. What'd he say?"

Leroy was silent.

"I wanna know what he said," demanded Carl Lee as he sat on the edge of Leroy's bunk. He glared at his smaller, weaker cellmate. Leroy decided he was frightened and now had a good excuse to tell Carl Lee. Either talk or get slapped.

"He's a crook," Leroy said. "He's a big-shot crook who'll sell you out. He don't care about you or your case. He just wants the publicity. He hasn't touched your case all week. Jake knows, he checked in the courthouse this afternoon. Not a sign of Mr. Big Shot. He's too busy to leave Memphis and check on you. He's got too many other crooked clients in Memphis, includin' your friend Mr. Bruster."

"You're crazy, Leroy."

"Okay, I'm crazy. Wait and see who pleads insaneness. Wait and see how hard he works on your case."

"What makes you such an expert?"

"You asked me and I'm tellin' you."

Carl Lee walked to the door and grabbed the bars, gripping them tightly with his huge hands. The cell had shrunk in three weeks, and the smaller it became the harder it was for him to think, to reason, to plan, to react. He could not concentrate in jail. He knew only what was told to him and had no one to trust. Gwen was irrational. Ozzie was noncommittal. Lester was in Chicago. There was no other person he trusted except Jake, and for some reason he had found a

new lawyer. Money, that was the reason. Nineteen hundred dollars cash, paid by the biggest pimp and dope dealer in Memphis, whose lawyer specialized in defending pimps and dope dealers, and all kinds of cutthroats and hoodlums. Did Marsharfsky represent decent people? What would the jury think when they watched Carl Lee sit at the defense table next to Marsharfsky? He was guilty, of course. Why else would he hire a famous, big-city crook like Marsharfsky?

"You know what them rednecks on the jury'H say when they see Marsharfsky?" Leroy asked.

"What?"

"They're gonna think this poor nigger is guilty, and he's sold his soul to hire the biggest crook in Memphis to tell us he ain't guilty."

Carl Lee mumbled something through the bars.

"They're gonna fry you, Carl Lee."

Moss Junior Tatum was on duty at six-thirty Saturday morning when the phone rang in Ozzie's office. It was the sheriff.

"What're you doing awake?" asked Moss.

"I'm not sure I'm awake," answered the sheriff. "Listen, Moss, do you remember an old black preacher named Street, Reverend Isaiah Street?"

"Not really."

"Yeah you do. He preached for fifty years at Springdale Church, north of town. First member of the NAACP in Ford County. He taught all the blacks around here how to march and boycott back in the sixties."

"Yeah, now I remember. Didn't the Klan catch him once?"

"Yeah, they beat him and burned his house, but nothin' serious. Summer of '65."

"I thought he died a few years back."

"Naw, he's been half dead for ten years, but he still moves a little. He called me at five-thirty and talked for an hour. Reminded me of all the political favors I owe him."

"What's he want?"

"He'll be there at seven to see Carl Lee. Why, I don't know. But treat him nice. Put them in my office and let them talk. I'll be in later." ouic, oneriii.