A Time to Kill

Buckley picked out one of the important-looking documents and studied it. "You’re telling this jury that on October 17, 1956, you were not convicted of statutory rape?"

Jake knew it was important, in the midst of any great courtroom crisis, even this one, to maintain a straight, poker face. It was important for the jurors, who missed nothing, to see the defendant’s lawyer with a positive look about him. Jake had practiced this positive, everything’s-wonderful, I’m-in-control look through many trials and many surprises, but with the "statutory rape" the positive and confident and certain look was immediately replaced by a sickly, pale, pained expression that was being scrutinized by at least half of those in the jury box.

The other half scowled at the witness on the stand.

"Were you convicted of statutory rape, Doctor?" Buck-ley asked again after a lengthy silence.

No answer.

Noose uncoiled and leaned downward in the direction of the witness. "Please answer the question, Dr. Bass."

Bass ignored His Honor and stared at the D.A., then said, "You’ve got the wrong man."

Buckley snorted and walked to Musgrove, who was holding some more important-looking papers. He opened a large white envelope and removed something that resembled an 8 x 10 photograph.

"Well, Dr. Bass, I’ve got some photographs of you taken by the Dallas Police Department on September 11, 1956. Would you like to see them?"

No answer.

Buckley held them out to the witness. "Would you like

to see these, Dr. Bass? Perhaps they could refresh your memory."

Bass slowly shook his head, then lowered it and stared blankly at his boots.

"Your Honor, the State would introduce into evidence these copies, certified under the Acts of Congress, of the Final Judgment and Sentencing Order in the case styled State of Texas versus Tyler Bass, said records being obtained by the State from the proper officials in Dallas, Texas, and showing that on October 17, 1956, a one Tyler Bass pled guilty to the charge of statutory rape, a felony under the laws of the State of Texas. We can prove that Tyler Bass and this witness, Dr. W.T. Bass, are one and the same."

Musgrove politely handed Jake a copy of everything Buckley was waving.

"Any objections to this introduction into evidence?" Noose asked in Jake’s direction.

A speech was needed. A brilliant, emotional explanation that would touch the hearts of the jurors and make them weep with pity for Bass and his patient. But the rules of procedure did not permit one at this point. Of course the evidence was admissible. Unable to stand, Jake waved in the negative. No objections.

"We have no further questions," Buckley announced.

"Any redirect, Mr. Brigance?" Noose asked.

In the split second available, Jake could not think of a single thing he could ask Bass to improve the situation. The jury had heard enough from the defense expert.

"No," Jake said quietly.

"Very well, Dr. Bass, you are excused."

Bass made a quick exit through the small gate in the railing, down the center aisle, and out of the courtroom. Jake watched his departure intently, conveying as much hatred as possible. It was important for the jury to see how shocked the defendant and his lawyer were. The jury had to believe a convicted felon was not knowingly put on the stand.

When the door closed and Bass was gone, Jake scanned the courtroom in hopes of finding an encouraging face. There were none. Lucien stroked his beard and stared at the

floor. Lester sat with his arms folded and a disgusted look on his face. Gwen was crying.

"Call your next witness," Noose said.

Jake continued searching. In the third row, between Reverend Ollie Agee and Reverend Luther Roosevelt, sat Norman Reinfeld. When his eyes met Jake’s, he frowned and shook his head as if to say "I told you so." On the other, side of the courtroom, most of the whites looked relaxed and a few even grinned at Jake.

"Mr. Brigance, you may call your next witness."

Against his better judgment, Jake attempted to stand. His knees buckled and he leaned forward with his palms flat against the table. "Your Honor," he said in a high-pitched, shrill, defeated voice, "could we recess till one?"

"But Mr. Brigance, it’s only eleven-thirty."

A lie seemed appropriate. "Yes, Your Honor, but our next witness is not here, and will not arrive until one."

"Very well. We’ll stand in recess until one. I need to see the attorneys in chambers."

Next to chambers was a coffee room where the lawyers loitered and gossiped by the hour, and next to it was a small rest room. Jake closed and locked the rest room door and removed his coat, throwing it to the floor. He knelt beside the toilet, waited momentarily, then vomited.

Ozzie stood before the judge and attempted small talk while Musgrove and the D.A. smiled at each other. They waited on Jake. Finally, he entered chambers and apologized.

"Jake, I have some bad news," Ozzie said.

"Let me sit down."

"I got a call an hour ago from the sheriff of Lafayette , County. Your law clerk, Ellen Roark, is in the hospital."

"What happened!"

"The Klan got her last night. Somewhere between here and Oxford. They tied her to a tree and beat her."

"How is she?" Jake asked.

"Stable but serious."

"What happened?" Buckley asked.

"We ain’t sure. They stopped her car somehow and took her out in the woods. Cut her clothes off her and cut

her hair. She’s got a concussion and cuts on the head, so they figure she was beat."

Jake needed to vomit again. He couldn’t speak. He massaged his temples and thought how nice it would be to tie Bass to a tree and beat him.

Noose studied the defense attorney with compassion. "Mr. Brigance, are you okay?"

No response.

"Let’s recess until two. I think we could all use the break," Noose said.

Jake walked slowly up the front steps with an empty Coors bottle and for a moment gave serious thought to smashing it against Lucien’s head. He realized the injury would not be felt.

Lucien rattled his ice cubes and stared off in the distance, in the direction of the square, which had long been deserted except for the soldiers and the regular crowd of teenagers flocking to the theater, for the Saturday night double feature.

They said nothing. Lucien stared away. Jake glared at him with the empty bottle. Bass was hundreds of miles away.

After a minute or so, Jake asked, "Where’s Bass?"

"Gone."

"Gone where?"

"Gone home."

"Where’s his home?"

"Why do you wanna know?"

"I’d like to see his home. I’d like to see him in his home. I’d like to beat him to death with a baseball bat in his home."

Lucien rattled some more. "I don’t blame you."

"Did you know?"

"Know what?"

"About the conviction?"

"Hell no. No one knew. The record was expunged."

"I don’t understand."

"Bass told me the record of the conviction in Texas was expunged three years after it was entered."

Jake placed the beer bottle on the porch beside his

chair. He grabbed a dirty glass, blew into it, then filled it with ice cubes and Jack Daniel’s.

"Do you mind explaining, Lucien?"

"According to Bass, the girl was seventeen, and the daughter of a prominent judge in Dallas. They fell in heat, and the judge caught them screwing on the couch. He pressed charges, and Bass didn’t have a chance. He pled guilty to the statutory rape. But the girl was in love. They kept seeing each other and she comes up pregnant. Bass married her, and gives the judge a perfect baby boy for his first grandchild. The old man has a change of heart, and the record is expunged."