A Time to Kill

After lunch, the chief of the Karaway Police Department sat at one end of the long table and shuffled nervously through his files. He avoided looking at the grand jurors, who anxiously awaited their first case.

"State your name!" barked the D.A.

"Chief Nolan Earnhart, Karaway City Police."

"How many cases do you have, Chief?"

"We have five from Karaway."

"Let’s hear the first one."

"Okay, let’s see, all right," the chief mumbled and stuttered as he flipped through his paperwork. "Okay, the first case is Fedison Bulow, male black, age twenty-five, got caught red-handed in the rear of Griffin’s Feed Store in Karaway at two o’clock in the mornin’, April 12. Silent alarm went off and we caught him in the store. Cash register had been broken into, and some fertilizer was gone. We found the cash and the goods in a car registered in his name parked behind the store. He gave a three-page confession at the jail, and I’ve got copies here."

Buckley walked casually around the room smiling at everyone. "And you want this grand jury to indict Fedison Bulow on one count of breaking and entering a commercial building, and one count of grand larceny?" Buckley asked helpfully.

"Yes, sir, that’s right."

"Now, members of the grand jury, you have the right to ask any questions. This is your hearing. Any questions?"

"Yes, does he have a record?" asked Mack Loyd Crow-ell, an unemployed truck driver.

"No," replied the chief. "This is his first offense."

"Good question, always ask that question because if they have prior records we may need to indict them as habitual criminals," lectured Buckley. "Any more questions? None? Good. Now at this point, someone needs to make a motion that the grand jury return a true bill of indictment against Fedison Bulow."

Silence. The eighteen stared at the table and waited for someone else to make a motion. Buckley waited. Silence. This is great, he thought. A soft grand jury. A bunch of timid souls afraid to speak. Liberals. Why couldn’t he have a bloodthirsty grand jury eager to make motions to indict everybody for everything?

"Mrs. Gossett, would you like to make the first motion, since you’re the foreman?"

"I so move," she said.

"Thank you," said Buckley. "Now let’s vote. How many vote to indict Fedison Bulow on one count of breaking and entering a commercial building and one count of grand larceny? Raise your hands."

Eighteen hands went up, and Buckley was relieved.

The chief presented the other four cases from Karaway. Each involved defendants equally guilty as Bulow, and each received unanimous true bills. Buckley slowly taught the grand jury how to operate itself. He made them feel important, powerful, and laden with the heavy burden of justice. They became inquisitive:

"Does he have a record?"

"How much time does that carry?"

"When will he get out?"

"How many counts can we give him?"

"When will he be tried?"

"Is he out of jail now?"

With five indictments out of the way, with five true bills and no dissension, with the grand jury eager for the next case, whatever it might be, Buckley decided the mood was ripe. He opened the door and motioned for Ozzie, who was standing in the hall talking quietly with a deputy and watching the reporters.

"Present Hailey first," Buckley whispered as the two met in the door.

"Ladies and gentlemen, this is Sheriff Walls. I’m sure most of you know him. He has several cases to present. What’s first, Sheriff?"

Ozzie scrambled through his files, lost whatever he was looking for, and finally blurted, "Carl Lee Hailey."

The jurors became quiet again. Buckley watched them closely to gauge their reactions. Most of them stared at the table again. No one spoke while Ozzie reviewed the file, then excused himself to get another briefcase. He had not planned to present the Hailey case first.

Buckley prided himself on reading jurors, of watching their faces and knowing precisely their thoughts. He watched the jury constantly during a trial, always predicting to himself what each was thinking. He would cross-examine a witness and never take his eyes off the jury. He would sometimes stand and face the jury box and interrogate a witness and watch the faces react to the answers. After hundreds of trials he was good at reading jurors, and he knew instantly he was in trouble with Hailey. The five blacks grew tense and arrogant as if they welcomed the case and the inevitable argument. The foreman, Mrs. Gossett, looked particularly pious as Ozzie mumbled to himself and flipped papers. Most of the whites looked noncommittal, but Mack Loyd Crowell, a hard-looking middle-aged rural type, appeared as arrogant as the blacks. Crowell pushed back his chair and walked to the window, which looked over the north side of the courtyard. Buckley could not read him precisely, but he knew Crowell was trouble.

"Sheriff, how many witnesses do you have for the Hailey case?" Buckley asked, somewhat nervously.

Ozzie stopped shuffling paper and said, "Well, uh, just me. We can get another if we need one."

"All right, all right," replied Buckley. "Just tell us about the case."

Ozzie reared back, crossed his legs, and said, "Shoot, Rufus, everbody knows about this case. Been on TV for a week."

"Just give us the evidence."

"The evidence. Okay, one week ago today, Carl Lee Hailey, male black, age thirty-seven, shot and killed one Billy Ray Cobb and one Pete Willard, and he shot a peace officer, one DeWayne Looney, who’s still in the hospital with his leg cut off. The weapon was an M-16 machine gun, illegal, which we recovered and matched the fingerprints with those of Mr. Hailey. I have an affidavit signed by Deputy Looney, and he states, under oath, that the man who did the shootin’ was Carl Lee Hailey. There was an eyewitness, Murphy, the little crippled man that sweeps the courthouse and stutters real bad. I can get him here if you want."

"Any questions?" interrupted Buckley.

The D.A. nervously watched the jurors, who nervously watched the sheriff. Crowell stood with his back to the others, looking through the window.

"Any questions?" Buckley repeated.

"Yeah," answered Crowell as he turned and glared at the D.A., then at Ozzie. "Those two boys he shot, they raped his little girl, didn’t they, Sheriff?"

"We’re pretty sure they did," answered Ozzie.

"Well, one confessed, didn’t he?"

"Yep."

Crowell walked slowly, boldly, arrogantly across the room, and stood at the other end of the tables. He looked down at Ozzie. "You got kids, Sheriff?"

"Yep."

"You got a little girl?"

"Yep."

"Suppose she got raped and you got your hands on the man who did it. What would you do?"

Ozzie paused and looked anxiously at Buckley, whose neck had turned a deep red.

"I don’t have to answer that," Ozzie replied.

"Is that so. You came before this grand jury to testify, didn’t you? You’re a witness, ain’t you? Answer the question."

"I don’t know what I’d do."

"Come on, Sheriff. Give us a straight answer. Tell the truth. What would you do?"

Ozzie felt embarrassed, confused, and angry at this stranger. He would like to tell the truth, and explain in detail how he would gladly castrate and mutilate and kill any pervert who touched his little girl. But he couldn’t. The grand jury might agree and refuse to indict Carl Lee. Not that he wanted him indicted, but he knew the indictment was necessary. He looked sheepishly at Buckley, who was perspiring and seated now.