The Appeal

On the highway, Buck carefully poured coffee from the thermos into its plastic screw-on cup. He glanced at his pistol on the passenger’s seat. He decided to wait on the biscuit. When he saw the sign announcing Cary County, he glanced at his gun again.

He made the trip three times a day, four days a week. Another driver handled the other three days. They swapped up frequently to cover vacations and holidays. It was not the career Buck had envisioned. For seventeen years he’d been a foreman at Krane Chemical in Bow-more, earning three times what they now paid him to haul water to his old town.

It was ironic that one of the men who’d done so much to pollute Bowmore’s water now hauled in fresh supplies of it. But irony was lost on Buck. He was bitter at the company for fleeing and taking his job with it. And he hated Bowmore because Bowmore hated him.

Buck was a liar. This had been proven several times, but never in a more spectacularfashion than during a brutal cross-examination a month earlier. Mary Grace Payton had gently fed him enough rope, then watched him hang himself in front of the jury.

For years, Buck and most of the supervisors at Krane had flatly denied any chemical dumping whatsoever. They were ordered to do so by their bosses. They denied it in company memos. They denied it when talking to company lawyers. They denied it in affidavits. And they certainly denied it when the plant was investigated by the Environmental Protection Agency and the U.S. Attorney’s Office.

Then the litigation began. After denying it for so long and so fervently, how could they suddenly flip their stories and tell the truth? Krane, after fiercely promoting the lying for so long, vanished. It escaped one weekend and found a new home in Mexico.

No doubt some tortilla-eating jackass down there was doing Buck’s job for $5 a day.

He swore as he sipped his coffee.

A few of the managers came clean and told the truth. Most clung to their lies. It didn’t matter, really, because they all looked like fools at trial, at least those who testified. Some tried to hide. Earl Crouch, perhaps the biggest liar of all, had been relocated to a Krane plant near Galveston. There was a rumor that he had disappeared under mysterious circumstances.

Buck again glanced at the 9-millimeter.

So far, he had received only one threatening phone call. He wasn’t sure about the other managers. All had left Bowmore, and they did not keep in touch.

Mary Grace Payton. If he’d had the pistol during his cross-examination, he might have shot her, her husband, and a few of the lawyers for Krane, and he would have saved one bullet for himself. For four devastating hours, she had exposed one lie after another. Some of the lies were safe, he’d been told. Some were hidden away in memos and affidavits that Krane kept buried. But Ms. Payton had all the memos and all the affidavits and much more.

When the ordeal was almost over, when Buck was bleeding and the jury was furious and Judge Harrison was saying something about perjury, Buck almost snapped. He was exhausted, humiliated, half-delirious, and he almost jumped to his feet, looked at the jurors, and said, "You want the truth, I’ll give it to you. We dumped so much shit into those ravines it’s a wonder the whole town didn’t explode. We dumped gallons every day-BCL and cartolyx and aklar, all class-1 carcinogens-hundreds of gallons of toxic stuff directly into the ground.

We dumped it from vats and buckets and barrels and drums. We dumped it at night and in broad daylight. Oh sure, we stored a lot of it in sealed green drums and paid a fortune to a specialty firm to haul it away. Krane complied with the law. They kissed the EPA’s ass.

You’ve seen the paperwork, everything nice and proper. Real legal like. While the starched shirts in the front office were filling out forms, we were out back in the pits burying the poison. It was much easier and much cheaper to dump it. And you know what? Those same ass**les up front knew exactly what we were doing out back." Here he would point a deadly finger at the Krane executives and their lawyers. "They covered it up! And they’re lying to you now. Everybody’s lying."

Buck gave this speech out loud as he drove, though not every morning. It was oddly comforting to do so, to think about what he should have said instead of what he did.

A piece of his soul and most of his manhood had been left behind in that courtroom.

Lashing out in the privacy of his big truck was therapeutic.

Driving to Bowmore, however, was not. He was not from there and had never liked the town. When he lost his job, he had no choice but to leave.

As the highway became Main Street, he turned right and drove for four blocks. The distribution point had been given the nickname the "city tank." It was directly below the old water tower, an unused and decayed relic whose metal panels had been eaten from the inside by the city’s water. A large aluminum reservoir now served the town.

Buck pulled his tanker onto an elevated platform, killed the engine, stuffed the pistol into his pocket, and got out of the truck. He went about his business of unloading his cargo into the reservoir, a discharge that took thirty minutes.

From the reservoir, the water would go to the town’s schools, businesses, and churches, and though it was safe enough to drink in Hatties-burg, it was still greatly feared in Bowmore. The pipes that carried it along were, for the most part, the same pipes that had supplied the old water.

Throughout the day, a constant stream of traffic arrived at the reservoir. The people pulled out all manner of plastic jugs and metal cans and small drums, filled them, then took them home.

Those who could afford to contracted with private suppliers. Water was a daily challenge in Bowmore.

It was still dark as Buck waited for his tank to empty. He sat in the cab with the heater on, door locked, pistol close by. There were two families in Pine Grove that he thought about each morning as he waited. Tough families, with men who’d served time. Big families with uncles and cousins. Each had lost a kid to leukemia. Each was now suing.

And Buck was a well-known liar.

Eight days before Christmas, the combatants gathered for the last time in Judge Harrison’s courtroom. The hearing was to wrap up all loose ends, and especially to argue the post-trial motions.

Jared Kurtin looked fit and tanned after two weeks of golf in Mexico. He greeted Wes warmly and even managed to smile at Mary Grace. She ignored him by talking toJeannette, who still looked gaunt and worried but at least wasn’t crying.

Kurtin’s pack of subordinates shuffled papers at hundreds of dollars an hour each, while Frank Sully, the local counsel, watched them smugly. It was all for show. Harrison wasn’t about to grant any relief to Krane Chemical, and everybody knew it.

Others were watching. Huffy held his usual spot, curious as always, still worried about the loan and his future. There were several reporters, and even a courtroom artist, the same one who’d covered the trial and sketched faces that no one could recognize. Several plaintiffs’ lawyers were there to observe and to monitor the progress of the case. They were dreaming of a massive settlement that would allow them to become rich while avoiding the type of brutal trial the Paytons had just endured.

Judge Harrison called things to order and charged ahead. "So nice to see everyone again," he said drily. "There are a total of fourteen motions that have been filed-twelve by the defense, two by the plaintiff and we are going to dispose of all of them before noon." He glared at Jared Kurtin, as if daring him to utter one superfluous word.

He continued: "I’ve read all the motions and all the briefs, so please don’t tell me anything that you’ve already put in writing. Mr. Kurtin, you may proceed."

The first motion was for a new trial. Kurtin quickly went through all the reasons his client got screwed, beginning with a couple of jurors he wanted to bounce, but Harrison refused. Kurtin’s team had conjured up a total of twenty-two errors they deemed grave enough to complain about, but Harrison felt otherwise. After listening to the lawyers argue for an hour, the judge ruled against the motion for a new trial.