A Time for Mercy (Jake Brigance #3) - John Grisham Page 0,91

said they were split: nine in favor of the plaintiff, two in favor of the railroad, and two on the fence. The majority would award $4 million, then reduce it by 50 percent because they felt Taylor Smallwood was also negligent. Only three of the nine would award punitive damages.

Jake invited all of the jurors to join the discussion but also said they were free to leave. They had earned their money and he was thankful. At first, no one left and they were eager to talk. He explained that in a civil case with twelve jurors only nine had to agree on a verdict. In criminal cases, a unanimous verdict was required. One juror asked if the railroad was required to produce an officer to sit through the trial. Jake said yes, one would be sitting at that very table and he would be called to the stand.

Another was confused by the economic-loss testimony of Dr. Samson. Harry Rex said he was too and got a laugh.

Another wanted to know how much of any verdict went to the attorneys. Jake tried to dodge it by saying that their contract with the family was confidential.

Another asked how much the experts were paid, and by whom?

Another asked if the railroad had insurance coverage. Jake said yes, but it could not be revealed in court.

A couple of jurors then left, but the others wanted to stay and talk. Jake had promised to turn off the lights at 5:00 p.m., and Portia finally told him it was time to go. They left down the back stairway, and once outside Jake thanked them again for their time and trouble. Almost all of them seemed to enjoy the experience.

* * *

—

HALF AN HOUR later, Jake walked through the rear door of Harry Rex’s office building and found him in the conference room, cold beer in hand. Jake fetched one from the fridge and they fell into chairs in his library. They were thrilled with the day and the verdict.

“We got nine votes for two million dollars,” Jake said, savoring the mock win.

“They liked you, Jake. I could see it in their eyes, the way they followed you around the courtroom.”

“And our experts are better than theirs, in the flesh, and Sarah Smallwood’s sister will make everyone cry with her testimony.”

“That, plus a good mauling of the railroad officer, and we might get more than two.”

“I’ll take two.”

“Hell, Jake, right now I’d take a lousy million.”

“A lousy million. This county has never seen a million-dollar verdict.”

“Don’t get greedy. How much do we owe right now?”

“Sixty-nine thousand.”

“Say they offer a million. The expenses come off the top. Forty percent of the rest is, what, three hundred and seventy thousand? Half for you, half for me, about one-eighty-five each. Would you take a hundred and eighty-five thousand dollars right now and walk away?”

“No, I’d sprint.”

“Me too.”

They had a laugh and gulped some beer. Harry Rex wiped his mouth and said, “This needs to play in Jackson. What would Sean Gilder do if he knew a mock jury in Clanton, in the same courtroom, gave us two million dollars?”

“I love it. Who do you tell?”

“Let’s go through Walter Sullivan. Let him find out, because he thinks he’s the man around here. Word will spread pretty fast.”

“Not in this town.”

21

The collision of a small car weighing three thousand pounds with the wheel unit of a loaded boxcar weighing seventy-five tons created a nasty accident scene. Once it was determined by the first responders that all four occupants were dead, some of the urgency subsided as the crews went about the grim task of prying and cutting out the bodies. Over two dozen officers and rescue personnel were at the site, along with other travelers who happened upon the scene and couldn’t pass around it. A state trooper took a series of still shots, and a volunteer from a local fire brigade filled four rolls of film with the recovery and cleanup.

Early in discovery, Jake obtained sets of all the photos and had them enlarged. Over a three-month period, he meticulously collected the names of the responders and the strangers who watched them work. Identifying the firemen, police, and medics was easy. He spent time in three volunteer firehouses out in the county, as well as two from the town of Clanton. Everyone, it seemed, answered the call.

Putting names with the faces of the strangers was a far greater challenge. He was looking for witnesses, anyone who might have seen