In Cold Blood (35 page)

And there was one man of whom Perry had grown especially aware, a robust, upright gentleman with hair like a gray-and-silver skullcap; his face, filled out, firm-jawed, was somewhat cantankerous in repose, the mouth down-curved, the eyes downcast as though in mirthless reverie—a picture of unsparing sternness. And yet this was at least a partially inaccurate impression, for now and again the prisoner glimpsed him as he paused to talk to other men, joke with them and laugh, and then he seemed carefree, jovial, generous: “The kind of person who might see the human side”—an important attribute, for the man was Roland H. Tate, Judge of the 32nd Judicial District, the jurist who would preside at the trial of the State of Kansas versus Smith and Hickock. Tate, as Perry soon learned, was an old and awesome name in western Kansas. The judge was rich, he raised horses, he owned much land, and his wife was said to be very beautiful. He was the father of two sons, but the younger had died, a tragedy that greatly affected the parents and led them to adopt a small boy who had appeared in court as an abandoned, homeless child. “He sounds soft-hearted to me,” Perry once said to Mrs. Meier. “Maybe he’ll give us a break.”

But that was not what Perry really believed; he believed what he’d written Don Cullivan, with whom he now corresponded regularly: his crime was “unforgivable,” and he fully expected to “climb those thirteen steps.” However, he was not altogether without hope, for he too had plotted an escape. It depended upon a pair of young men that he had often observed observing him. One was red-haired, the other dark. Sometimes, standing in the Square under the tree that touched the cell window, they smiled and signaled to him—or so he imagined. Nothing was ever said, and always, after perhaps a minute, they drifted away. But the prisoner had convinced himself that the young men, possibly motivated by a desire for adventure, meant to help him escape. Accordingly, he drew a map of the Square, indicating the points at which a “getaway car” could most advantageously be stationed. Beneath the map he wrote:
I need a Hacksaw Blade 5”. Nothing else. But do you realize the consequences if you get caught (nod your head if you do)? It could mean a long stretch in prison. Or you might get killed. All for someone you don’t know. YOU BETTER THINK IT OVER!! Seriously! Besides, how do I know I can trust you? How do I know it isn’t a trick to get me out there and gun me down? What about Hickock? All preparations must include him.

Perry kept this document on his desk, wadded and ready to drop out the window the next time the young men appeared. But they never did; he never saw them again. Eventually, he wondered if perhaps he had invented them (a notion that he “might not be normal, maybe insane” had troubled him “even when I was little, and my sisters laughed because I liked moonlight. To hide in the shadows and watch the moon”). Phantoms or not, he ceased to think of the young men. Another method of escape, suicide, replaced them in his musings; and despite the jailer’s precautions (no mirror, no belt or tie or shoelaces), he had devised a way to do it. For he also was furnished with a ceiling bulb that burned eternally, but, unlike Hickock, he had in his cell a broom, and by pressing the broom-brush against the bulb he could unscrew it. One night he dreamed that he’d unscrewed the bulb, broken it, and with the broken glass cut his wrists and ankles. “I felt all breath and light leaving me,” he said, in a subsequent description of his sensations. “The walls of the cell fell away, the sky came down, I saw the big yellow bird.”

Throughout his life—as a child, poor and meanly treated, as a foot-loose youth, as an imprisoned man—the yellow bird, huge and parrot-faced, had soared across Perry’s dreams, an avenging angel who savaged his enemies or, as now, rescued him in moments of mortal danger: “She lifted me, I could have been light as a mouse, we went up, up, I could see the Square below, men running, yelling, the sheriff shooting at us, everybody sore as hell because I was free, I was flying, I was better than any of
them
.”

T
he trial was scheduled to start on March 22, 1960. In the weeks preceding that date the defense attorneys frequently consulted the defendants. The advisability of requesting a change of venue was discussed, but as the elderly Mr. Fleming warned his client, “It wouldn’t matter where in Kansas the trial was held. Sentiment’s the same all over the state. We’re probably better off in Garden City. This is a religious community. Eleven thousand population and twenty-two churches. And most of the ministers are opposed to capital punishment, say it’s immoral, unchristian; even the Reverend Cowan, the Clutters’ own minister and a close friend of the family, he’s been preaching against the death penalty in this very case. Remember, all we can hope is to save your lives. I think we stand as good a chance here as anywhere.”

Soon after the original arraignment of Smith and Hickock, their advocates appeared before Judge Tate to argue a motion urging comprehensive psychiatric examinations for the accused. Specifically, the court was asked to permit the state hospital in Larned, Kansas, a mental institution with maximum-security facilities, to take custody of the prisoners for the purpose of ascertaining whether either or both were “insane, imbeciles or idiots, unable to comprehend their position and aid in their defense.”

Larned is a hundred miles east of Garden City; Hickock’s attorney, Harrison Smith, informed the court that he had driven there the previous day and conferred with several of the hospital’s staff: “We have no qualified psychiatrists in our own community. In fact, Larned is the only place within a radius of two hundred and twenty-five miles where you’ll find such men—doctors trained to make serious psychiatric evaluations. That takes time. Four to eight weeks. But the personnel with whom I discussed the matter said they were willing to start work at once; and, of course, being a state institution it won’t cost the county a nickel.”

This plan was opposed by the special assistant prosecuting attorney, Logan Green, who, certain that “temporary insanity” was the defense his antagonists would attempt to sustain in the forthcoming trial, feared that the ultimate outcome of the proposal would be, as he predicted in private conversation, the appearance on the witness stand of a “pack of head-healers” sympathetic to the defendants (“Those fellows, they’re always crying over the killers. Never a thought for the victims”). Short, pugnacious, a Kentuckian by birth, Green began by pointing out to the court that Kansas’ law, in regard to sanity, adheres to the M’Naghten Rule, the ancient British importation which contends that if the accused knew the nature of his act, and knew it was wrong, then he is mentally competent and responsible for his actions. Furthermore, said Green, there was nothing in the Kansas statutes indicating that the physicians chosen to determine a defendant’s mental condition must be of any particular qualification: “Just plain doctors. Medical doctors in general practice. That’s all the law requires. We have sanity hearings in this county every year for the purpose of committing people to the institution. We never call anybody in from Larned or psychiatric institutions of any kind. Our own local physicians attend to the matter. It’s no great job to find whether a man is insane or an idiot or an imbecile . . . It is entirely unnecessary, a waste of time to send the defendants to Larned.”

In rebuttal, Counsel Smith suggested that the present situation was “far graver than a simple sanity hearing in probate court. Two lives are at stake. Whatever their crime, these men are entitled to examination by persons of training and experience. Psychiatry,” he added, pleading with the judge quite directly, “has matured rapidly in the past twenty years. The Federal courts are beginning to keep in tune with this science as related to people charged with criminal offenses. It just seems to me we have a golden opportunity to face up to the new concepts in this field.”

It was an opportunity the judge preferred to reject, for as a fellow jurist once remarked, “Tate is what you might call a law-book lawyer, he never experiments, he goes strictly by the text”; but the same critic also said of him, “If I were innocent, he’s the first man I’d want on the bench; if I was guilty, the last.” Judge Tate did not entirely deny the motion; rather, he did exactly all the law demanded by appointing a commission of three Garden City doctors and directing them to pronounce a verdict upon the mental capacities of the prisoners. (In due course the medical trio met the accused and, after an hour or so of conversational prying, announced that neither man suffered from any mental disorder. When told of their diagnosis, Perry Smith said, “How would they know? They just wanted to be entertained. Hear all the morbid details from the killer’s own terrible lips. Oh, their eyes were shining.” Hickock’s attorney was also angry; once more he traveled to Larned State Hospital, where he appealed for the unpaid services of a psychiatrist willing to go to Garden City and interview the defendants. The one man who volunteered, Dr. W. Mitchell Jones, was exceptionally competent; not yet thirty, a sophisticated specialist in criminal psychology and the criminally insane who had worked and studied in Europe and the United States, he agreed to examine Smith and Hickock, and, should his findings warrant it, testify in their behalf.)

On the morning of March 14 counsels for the defense again stood before Judge Tate, there on this occasion to plead for a postponement of the trial, which was then eight days distant. Two reasons were given, the first was that a “most material witness,” Hickock’s father, was at present too ill to testify. The second was a subtler matter. During the past week a boldly lettered notice had begun to appear in the town’s shop windows, and in banks, restaurants, and at the railroad station; and it read: H. W. C
LUTTER
E
STATE
A
UCTION
S
ALE
*21 M
ARCH
1960 * A
T
T
HE
C
LUTTER
H
OMESTEAD
. “Now,” said Harrison Smith, addressing the bench, “I realize it is almost impossible to prove prejudice. But this sale, an auction of the victim’s estate, occurs one week from today—in other words, the very day before the trial begins. Whether that’s prejudicial to the defendants I’m not able to state. But these signs, coupled with newspaper advertisements, and advertisements on the radio, will be a constant reminder to every citizen in the community, among whom one hundred and fifty have been called as prospective jurors.”

Judge Tate was not impressed. He denied the motion without comment.

E
arlier in the year Mr. Clutter’s Japanese neighbor, Hideo Ashida, had auctioned his farming equipment and moved to Nebraska. The Ashida sale, which was considered a success, attracted not quite a hundred customers. Slightly more than five thousand people attended the Clutter auction. Holcomb’s citizenry expected an unusual turnout—the Ladies’ Circle of the Holcomb Community Church had converted one of the Clutter barns into a cafeteria stocked with two hundred homemade pies, two hundred and fifty pounds of hamburger meat, and sixty pounds of sliced ham—but no one was prepared for the largest auction crowd in the history of western Kansas. Cars converged on Holcomb from half the counties in the state, and from Oklahoma, Colorado, Texas, Nebraska. They came bumper to bumper down the lane leading to River Valley Farm.

It was the first time the public had been permitted to visit the Clutter place since the discovery of the murders, a circumstance which explained the presence of perhaps a third of the immense congregation—those who had come out of curiosity. And of course the weather was an aid to attendance, for by mid-March winter’s high snows have dissolved, and the earth beneath, thoroughly thawed, has emerged as acre upon acre of ankle-deep mud; there is not much a farmer can do until the ground hardens. “Land’s so wet and nasty,” said Mrs. Bill Ramsey, the wife of a farmer. “Can’t work nohow. We figured we might as well drive on out to the sale.” Actually, it was a beautiful day. Spring. Though mud abounded underfoot, the sun, so long shrouded by snow and cloud, seemed an object freshly made, and the trees—Mr. Clutter’s orchard of pear and apple trees, the elms shading the lane—were lightly veiled in a haze of virginal green. The fine lawn surrounding the Clutter house was also newly green, and trespassers upon it, women anxious to have a closer look at the uninhabited home, crept across the grass and peered through the windows as though hopeful but fearful of discerning, in the gloom beyond the pleasant flower-print curtains, grim apparitions.

Shouting, the auctioneer praised his wares—tractors, trucks, wheelbarrows, nail kegs and sledgehammers and unused lumber, milk buckets, branding irons, horses, horseshoes, everything needed to run a ranch from rope and harness to sheep dip and tin washtubs—it was the prospect of buying this merchandise at bargain prices that had lured most of the crowd. But the hands of bidders flickered shyly—work-roughened hands timid of parting with hard-earned cash; yet nothing went unsold, there was even someone keen to acquire a bunch of rusty keys, and a youthful cowboy sporting pale-yellow boots bought Kenyon Clutter’s “coyote wagon,” the dilapidated vehicle the dead boy had used to harass coyotes, chase them on moonlit nights.

The stagehands, the men who hauled the smaller items on and off the auctioneer’s podium, were Paul Helm, Vic Irsik, and Alfred Stoecklein, each of them an old, still-faithful employee of the late Herbert W. Clutter. Assisting at the disposal of his possessions was their final service, for today was their last day at River Valley Farm; the property had been leased to an Oklahoma rancher, and henceforward strangers would live and work there. As the auction progressed, and Mr. Clutter’s worldly domain dwindled, gradually vanished, Paul Helm, remembering the burial of the murdered family, said, “It’s like a second funeral.”

The last thing to go was the contents of the livestock corral, mostly horses, including Nancy’s horse, big, fat Babe, who was much beyond her prime. It was late afternoon, school was out, and several schoolmates of Nancy’s were among the spectators when bidding on the horse began; Susan Kidwell was there. Sue, who had adopted another of Nancy’s orphaned pets, a cat, wished she could give Babe a home, for she loved the old horse and knew how much Nancy had loved her. The two girls had often gone riding together aboard Babe’s wide back, jogged through the wheat fields on hot summer evenings down to the river and into the water, the mare wading against the current until, as Sue once described it, “the three of us were cool as fish.” But Sue had no place to keep a horse.