opposed to an exam but I don’t want that kid out of jail for any reason.”
“Got that. Okay, I’ll sign the order. Do you have other business today?”
Dyer replied, “No sir.”
“You’re excused, Mr. Dyer.”
* * *
—
THE CURIOUS CONTINUED to stream into the courtroom. The minutes passed and Judge Noose did not appear. Near the jury box, Walter Sullivan sat with his co-counsel, Sean Gilder, an insurance lawyer from Jackson who was defending the railroad in the Smallwood case. They spoke in low voices about this and that, lawyer talk for the most part, but as the crowd grew Walter began to realize something.
Harry Rex’s instincts were correct. The lawyers for the railroad and its insurance company had finally agreed to approach Jake with the idea of a preliminary chat about a settlement. But they planned to be extremely cautious. On the one hand, the case was dangerous because the damages were high—four dead family members—and Jake would be trying the case on his turf, indeed in the very courtroom where they were now sitting and from which he walked out with Carl Lee Hailey as an innocent man. But on the other hand, the railroad and insurance lawyers were still confident they could win because of liability issues. Taylor Smallwood, the driver, had hit the fourteenth boxcar of a moving freight train without, evidently, touching his brakes. Their expert estimated his speed at seventy miles per hour. Jake’s expert thought it was closer to sixty. The speed limit on that forlorn stretch of road was only fifty-five.
There were other issues to worry about. The railroad crossing had historically been badly maintained, and Jake had the records and photos to prove it. There had been other accidents, and Jake had those reports enlarged and ready to show to his jury. The only known eyewitness was an unstable carpenter who had been following the Smallwood car perhaps a hundred yards behind, and he was adamant in his deposition that the red flashing lights were not working at the time. However, there were rumors, still unsubstantiated, that the gentleman had been drinking in a honky-tonk.
That was the terrifying aspect of going to trial in Ford County. Jake Brigance was an upstanding young lawyer with an impeccable reputation and could be trusted to play by the rules. However, his clique included Harry Rex, also his co-counsel, and the loathsome Lucien Wilbanks, neither of whom spent much time worrying about the ethics of the profession.
Thus, there was the potential for a huge verdict, but the jury could just as easily blame Taylor Smallwood and find in favor of the railroad. With so many unknowns, the insurance company wanted to explore settlement. If Jake wanted millions, then the negotiations wouldn’t last long. If he chose to be more reasonable, they could find common ground and make everyone happy.
Walter tried few cases himself, preferring instead to be the local guy when the big firms from Jackson and Memphis rolled in and needed a presence. He collected modest fees for doing little more than using his connections and helping to weed out potential problems during the selection of the jury.
As the courtroom buzzed with quiet gossip and speculation, Walter realized that Jake was about to become the most unpopular lawyer in town. Those folks packing into the pews were not there to support Drew Gamble and whatever family he might have. No sir. They were there to get a hateful look at the killer and silently rage against the injustice of treating him with sympathy. And if Mr. Brigance somehow worked his magic again and got the kid released, there might be trouble in the streets.
Sullivan leaned toward his co-counsel and said, “Let’s get through the motions and not broach the idea of settlement, not today anyway.”
“And why not?”
“I’ll explain later. There’s plenty of time.”
* * *
—
ACROSS THE COURTROOM, Harry Rex chewed on the ragged end of an unlit cigar and pretended to listen to a bad joke from a bailiff while glancing at the crowd. He recognized a girl from high school, couldn’t remember her last name back then but he knew she had married a Kofer. How many of these people were related to the victim? How many would resent Jake Brigance?
As the minutes dragged on and the crowd grew, Harry Rex confirmed his original fear. His buddy Jake was taking a case that would pay peanuts and, in doing so, risking a case that could be a bonanza.
11
Late Tuesday morning, Pastor Charles McGarry,