A Time to Kill

"I examined him to determine his current mental condition as well as his condition on May 20, when he allegedly shot Mr. Cobb and Mr. Willard."

"Where did this examination take place?"

"Ford County Jail."

"Did you conduct this examination alone?"

Chapter Twenty-Seven

"Yes. Just Mr. Hailey and myself."

"How long did the examination last?"

"Three hours."

"Did you review his medical history?"

"In a roundabout way, you could say. We talked at great length about his past."

"What did you learn?"

"Nothing remarkable, except for Vietnam."

"What about Vietnam?"

Bass folded his hands over his slightly overweight stom-

ach and frowned intelligently at the defense attorney. Well, Mr. Brigance, like many Vietnam vets I’ve worked with, Mr. Hailey had some rather horrible experiences over there."

War is hell, thought Carl Lee. He listened intently. Now, Vietnam was bad. He’d been shot. He’d lost friends. He’d killed people, many people. He’d killed children, Vietnamese children carrying guns and grenades. It was bad. He wished he’d never seen the place. He dreamed about it, had flashbacks and nightmares occasionally. But he didn’t feel warped or insane because of it. He didn’t feel warped or insane because of Cobb and Willard. In fact, he felt quite satisfied because they were dead. Just like those in Vietnam.

He had explained all this to Bass once at the jail, and Bass had seemed unimpressed by it. And they had talked only twice, and never more than an hour.

Carl Lee eyed the jury and listened suspiciously to the expert, who talked at length of Carl Lee’s dreadful experiences in the war. Bass’s vocabulary jumped several octaves as he explained to the laymen in nonlaymen terms the ef: fects of Vietnam on Carl Lee. It sounded good. There had been nightmares over the years, dreams Carl Lee had never worried much about, but to hear Bass explain it, were extremely significant events.

"Did he talk freely of Vietnam?"

"Not really," replied Bass, then explaining in great detail the tremendous task he confronted in dragging out the war from this complex, burdened, probably unstable mind. Carl Lee didn’t remember it that way. But he dutifully listened with a pained expression, wondering for the first time in his life if perhaps he could be a little off.

After an hour, the war had been refought and its effects flogged thoroughly. Jake decided to move on.

"Now, Dr. Bass," Jake said, scratching his head. "Other than Vietnam, what other significant events did you note regarding his mental history?"

"None, except the rape of his daughter."

"Did you discuss the rape with Carl Lee?"

"At great length, during each of the three examinations."

"Explain to the jury what the rape did to Carl Lee Hailey."

Bass stroked his chin and looked perplexed. "Quite frankly, Mr. Brigance, it would take a great deal of time to explain what the rape did to Mr, Hailey."

Jake thought a moment, and seemed to thoroughly analyze this last statement. "Well, could you summarize it for the jury?"

Bass nodded gravely. "I’ll try."

Lucien grew weary of listening to Bass, and began watching the jury in hopes of eyeing Clyde Sisco, who had also lost interest but appeared to be admiring the boots. Lucien watched intently from the corner of his eye, waiting for Sisco to gaze around the courtroom.

Finally, as Bass rambled on, Sisco left the testimony and looked at Carl Lee, then Buckley, then one of the reporters on the front row. Then his line of vision locked solidly into a wild-eyed, bearded old man who had once handed him eighty thousand cash for performing his civic duty and returning a just verdict. They focused unmistakably on each other, and both managed a slight grin. How much? was the look in Lucien’s eyes. Sisco returned to the testimony, but seconds later he was staring at Lucien. How much? Lucien said, his lips actually moving but with no sound.

Sisco looked away and watched Bass, thinking of a fair price. He looked in Lucien’s direction, scratched his beard, then suddenly, while staring at Bass, flashed five fingers across his face and coughed. He coughed again and studied the expert.

Five hundred or five thousand? Lucien asked himself. Knowing Sisco, it was five thousand, maybe fifty thousand. It made no difference; Lucien would pay it. He was worth a ton.

By ten-thirty, Noose had cleaned his glasses a hundred times and consumed a dozen cups of coffee. His bladder pressed forward toward the spillway. "Time for the morning recess. We’ll adjourn until eleven." He rapped the gavel and disappeared.

"How’m I doing?" Bass asked nervously. He followed Jake and Lucien to the law library on the third floor.

"You’re doing fine," Jake said. "Just keep those boots outta sight."

"The boots are critical," Lucien protested."

"I need a drink," Bass said desperately.

"Forget it," Jake said.

"So do I," Lucien added. "Let’s run over to your office for a quick one."

"Great idea!" Bass said.

"Forget it," Jake repeated. "You’re sober and you’re doing great."

"We got thirty minutes," Bass said as he and Lucien were leaving the library and heading for the stairs.

"No! Don’t do it, Lucien!" Jake demanded.

"Just one," Lucien replied, pointing a finger at Jake. "Just one."

"You’ve never had just one."

"Come with us, Jake. It’ll settle your nerves."

"Just one," Bass yelled as he disappeared down the steps.

At eleven, Bass sat himself in the witness chair and looked through glazed eyes at the jury. He smiled, and almost giggled. He was aware of the artists on the front row, so he looked as expert as possible. His nerves were indeed settled. "Dr. Bass, are you familiar with the criminal responsibility test relative to the M’Naghten Rule?" Jake asked.

"I certainly am!" Bass replied with a sudden air of superiority.

"Would you explain this rule to the jury?" "Of course. The M’Naghten Rule is the standard for criminal responsibility in Mississippi, as in fifteen other states. It goes back to England, in the year 1843, when a man by the name of Daniel M’Naghten attempted to assassinate the prime minister, Sir Robert Peel. He mistakenly shot and killed the prime minister’s secretary, Edward Drummond. During his trial the evidence plainly showed M’Naghten was suffering from what we would call paranoid schizophrenia. The jury returned a verdict of not guilty, by reason of insanity. From this the M’Naghten Rule was established. It is still followed in England and sixteen states." "What does the M’Naghten Rule mean?" "The M’Naghten Rule is fairly simple. Every man is presumed to be sane, and to establish a defense on the

ground of insanity, it must be clearly proven that when the defendant did what he did he was laboring under such a defect of reason, from a mental disease, that he did not know the nature and quality of the act he was doing, or if he did know what he was doing, he did not know it was wrong."

"Could you simplify that?"

"Yes. If a defendant cannot distinguish right from wrong, he is legally insane."

"Define insanity, please."

"It has no significance, medically. It is strictly a legal standard for a person’s mental state or condition."

Jake breathed deeply and plowed forward. "Now, Doctor, based upon your examination of the defendant, do you have an opinion as to the mental condition of Carl Lee Hai-ley on May 20 of this year, at the time of the shooting?"