The Just And The Unjust (48 page)

Judge Vredenburgh's voice sank into silence, and rousing himself, Abner looked at him. The Judge pushed aside his manuscript, snapped out the reading light and leaned back, resting his hands flat on the desk. He said, 'I will recapitulate. This is the application of the law. You have two theories to consider in reaching your conclusion about the possible guilt of the defendants. First, whether the killing of Frederick Zollicoffer was wilful, deliberate, and premeditated. Second, whether the murder was committed in perpetration of the felony of kidnapping. If you find, on either one of these theories, that they are guilty, it is sufficient to convict them of murder in the first degree. We say to you that in the opinion of the Court, if you find these defendants or either of them guilty of murder in the first degree, then the death penalty would be the just and proper punishment. However, by the Act of Assembly, you will determine that point, and you are not bound by the opinion of the Court.'

Looking down at the defence's table, Judge Vredenburgh said, 'Before we take up points submitted for charge, do counsel wish any further instructions on any of the aforesaid matters?'

Harry Wurts said, 'No, sir.'

'Mr. District Attorney?'

'Nothing further, sir.'

Judge Vredenburgh said, 'The defendants have submitted several points for charge to the jury.' He snapped on his reading light and leaned forward. 'The first of which is refused; and therefore not read. The second' — he paused, pursing his lips — 'is refused; and therefore not read. The third was fully covered in the general charge, and is therefore not read.'

A copy of Harry's points lay on the table before him and Abner looked at them. The third was that Howell's confession was evidence only against Howell. The fourth was: 'If the jury find from the evidence that Frederick Zollicoffer was not killed in the perpetration of a kidnapping, they cannot return a verdict of murder in the first degree.' Most of the ten items were innocuous and could be dismissed as unnecessary; but Judge Vredenburgh was prepared to find one or two of them less innocuous than they looked, being in fact framed as artfully as possible with the hope of catching him in a moment's oversight or inattention so that he would refuse what technically must be affirmed and give Harry the lucky break of a reversible error.

Judge Vredenburgh said slowly, 'The fourth point is refused and therefore not read. The fifth point is covered in the general charge and would be mere repetition. The sixth point' —Judge Vredenburgh smiled and looked at Harry, letting Harry see that he was not blind to dangerous ground; but he wanted Harry to wonder a moment — 'is as follows', he continued. 'If the jury believe that the defendants were unarmed at the time of the killing of Frederick Zollicoffer, and had such a fear of Bailey that they were unable to form a deliberate intent, the verdict cannot be first degree murder.' He paused and added, 'Affirmed as stated. But of course if the jury find that the defendants took part in the kidnapping, the Act of Assembly holds that deliberate intent in the killing does not have to be shown. Seventh point; refused as stated. Eighth and ninth points were fully covered in the general charge. Tenth point' — the corners of his mouth drew down —'is refused and therefore not read.'

Looking at the carbon copy, Abner saw that the tenth point was: 'Under all the evidence the verdict must be not guilty.'

Judge Vredenbrugh snapped out the light again. He said, 'Members of the Jury, we will say a word more as to the form of your verdict. Your verdict in this case may be not guilty as to both defendants, or it may be not guilty as to one defendant. Your verdict may be guilty of murder in the first degree as to both defendants, or it may be guilty of murder in the first degree as to one defendant, and a different verdict as to the other defendant. Your verdict may be guilty of murder in the second degree as to both defendants, or as to one defendant, with a different verdict as to the other.

'In short, you will render for each defendant an independent verdict. Both may be the same; but you will, in arriving at them, consider them separately and independently. We have already told you that, in case either one or both verdicts is murder in the first degree, you are required also to fix the penalty, which may be either life imprisonment or death. If your verdict is murder in the second degree, the penalty will be imposed by the Court, and does not concern you.

'You will take this case, Members of the Jury, and give it your very careful consideration, all the consideration that the gravity of the crime merits, all the consideration that the length of the testimony requires. You will render your verdict unaffected by any bias or prejudice, or hatred or sympathy. Such feelings have no place in the deliberations and conclusions of a jury. We suggest to you that you look upon this task as a problem to be solved by a co-operative effort, to which each of you must devote his judgment and understanding; and not as a contest or debate in which sides may be taken and arguments advanced for the sake of arguing. It is a cold question of fact for you. You will render that verdict that your reason and your consciences approve.' He looked down at Mat Rhea and said, 'Swear the officers.' Harry Wurts said, 'If the Court please, and before the jury retires, and in their presence, I want to ask a general exception to your Honour's charge; also an exception to the defendants' points for charge that were refused; also that portion of your Honour's charge wherein you stated that the kidnapping enterprise did not end until the victim was returned.'

Judge Vredenburgh said, 'Exceptions allowed as requested. How about you, Mr. Stacey?'

'Yes, sir. The same, if the Court please.'

'Allowed also for the defendant Robert Basso.'

Malcolm Levering and Albert Unruh came up to the bar, their bald heads and blue jackets close together as they put their hands on the bible Nick Dowdy held open for them.

Standing up, Mat Rhea said, 'You do swear that you will well and truly keep this jury in some private and convenient place, until they have agreed upon their verdict; and that you will not suffer any person to speak to them, nor speak to them yourselves, without the leave of the Court, except it be to ask them if they have agreed on their verdict. So help you God.'

Judge Vredenburgh and Judge Irwin arose on the bench. Nick Dowdy closed the bible and taking up his mallet hit the block. 'The Court of Oyer and Terminer and General Jail Delivery here in this day holden stands adjourned until eight o'clock p.m.'

Bunting leaned back, clasping his hands behind his head and stretching. He looked at the clock and said, 'Ten of six. You going home? I guess I will.'

'Want me for anything?'

'No.'

'How about Washburn? There he goes.'

Bunting came to his feet. 'O.K. See you later.'

The aisle leading up to the main doors was filled with moving people. Abner saw Bonnie sitting in the shadowed top row beside Everitt Weitzel who was talking to her. He went over and stood with the group at the foot of the aisle waiting to go up. Just ahead of him was Adelaide Maurer looking at her folded sheets of copy paper. She smiled in a worried way, waiting an instant so that Abner came beside her.

She said, 'Ab, how long do you think it will take? I want to send my story in. When it gets late, they always find some reason to cut it, darn them!'

Abner said, 'They oughtn't to be very long. I doubt if they have to argue much about these foreigners. You write out what you have, and we'll get the rest of it for you by nine o'clock. How's that?'

Adelaide said, 'If you don't, I'll sue you.'

She went ahead, and Abner, now almost the last in the long procession, reached the top bench. Everitt Weitzel had gone, and he sat down by Bonnie. 'Want to go eat?' he said. 'Do you have to eat a lot?'

'Why?'

'Come down to the house and I'll fix you something. Jared's in some scout show, or I don't know what, and Mother has to go to it. She'll be back by eight, but she didn't want to leave the twins alone all that time.'

'Why not?'

'Harold isn't feeling well. He was over at the Simpson's, and one of the kids bought a lot of cream puffs, or says he did — I think, as a matter of fact, they probably swiped them from Blandy's delivery truck. Harold must have had a good many and they made him pretty sick.'

'Even one of those would make you pretty sick,' Abner said. 'Blandy's foreman of this jury. I guess he'd better go home and take care of his business.'

'Aren't you through yet?'

'I wish we were. The jury just went out.' He looked down at the well of the court, now almost empty. Bunting was talking to Evan Washburn over by the big table. Hugh Erskine came through the door from the back hall and made his way around the jury's empty chairs and started up the aisle. Reaching the top, he said, 'Hello, Bonnie. What do you want to hang around here for? I wouldn't, if they didn't pay me.'

'Get them off your hands?' Abner said.

'And glad to! No fooling, Ab; every time. I'm glad to! I don't like that Basso boy. He's a mean one. I'll feel a lot better when they take those boys away. Look. Do you think I have to bring them back here until the jury comes in? I didn't get a chance to ask the Judge.'

'I don't think so, Hugh. I don't see why. I don't think there's any reason for them to be present until the verdict is read.'

'I didn't know, exactly.'

Hugh's broad, good-natured smile went to Bonnie. 'Trouble is, we don't have enough murders around here,' he said to her. 'Don't know the rules. Well, I'll get me some supper.' He went on out of the doors.

'Let's get us some,' Abner said. 'We'll have to go by my office and pick up the car. I left it in the garage down there this morning. You going over to school to-night?'

'The meeting's at half past eight; yes. I'm so worried about Mr. Rawle. He's so upset.'

'I wouldn't worry about him,' Abner said. 'Jesse's got that pretty well under control.'

'Well, Mr. Gearhart doesn't run the school board.'

'That's what you think,' said Abner.

6

At seven o'clock the low clouds broke over the western hills and showed behind them, far higher, and far off against the deep blue of fair weather, alto-cumulus patterns shadowed grey below, brightly white edged. Through gaps and chinks the broad sun streamed in splendour. Childerstown, washed and shining, was flooded with golden light. The wind fell and there was a great chatter of birds.

Sunlight came in the open door and poured across the table in Cousin Mary's kitchen where Abner sat eating scrambled eggs and chicken livers. Looking at him across the shaft of sun, Bonnie said, 'That's nice. It will be nice to-morrow.'

'Who cares?' said Abner. 'I'll be in court.' He pushed his plate away. 'No. I don't want any more.'

'Well, you might say it was good.'

'I never said you couldn't cook. You ought to make some man a wonderful wife. That reminds me —' He got up and went into the dining-room where he had laid his coat on the table. Coming back, he stood behind her and said, 'Do you know how to write?'

'You're certainly feeling flip,' Bonnie said. She drank the rest of her coffee.

Looking down at her head, on which the slight disorder of the brown hair was lighted golden in the sun. Abner could see a tinge of colour come up on her cheeks. He said, 'You know damn well what I've got here. "We, the undersigned in accordance with the statements hereinafter contained, the facts set forth wherein we and each of us do solemnly swear are true and correct to the best of our knowledge and belief, do hereby make application to the Clerk of the Orphans Court" — I swiped it from Hermann's office this afternoon. He doesn't know I've got it. Now, here's what you do. Full name and surname — you know that. Colour — what colour are you, anyway? You look pink to me.'

'Ab,' she said, 'I told you —'

'You picked the wrong person. In Marty's office we don't let you talk yourself out of something.' Reaching down, he pushed aside the cup and plate, clearing a space on the table to spread out the printed form. Opening a fountain pen he put it in her hand. 'Statement of Female. See?' he said. 'Write your name. Janet. J-a-n—'

From upstairs a voice, plaintive, not urgent, screamed, 'Bonnie!'

'All right, darling,' Bonnie called.

'Darling, hell!' said Abner. 'Let him wait. He just thinks it's time he had a little attention.'

'Well, I know what that feels like,' Bonnie said. She laid down the fountain pen and stood up.

'So do I,' said Abner. 'I think it's time I had a little attention. Sit down.'

'No. I have to see what he wants.'

'No. You have to see what I want.'

'I know what you want. You want your own way. Well, you could have had it once. But not now. So why don't we just call it off?' She stood straight and tense, her hands raised and clasped together. 'Well,' said Abner, 'I can't make you do anything, of course —'

'That's where you're wrong,' Bonnie said. 'You could make me do anything. If you knew how. If you wanted to. I was a fool to tell you what I told you last night. I thought I could tell you — Inez or anyone would say I was crazy — that I ought to keep you guessing, that I ought to get someone else interested in me and try to make you jealous. If I could. Only I don't want you to be guessing. I don't want you to be jealous. If I had to do it by a lot of little tricks —'

'Well, what do you want?' Abner sat on the edge of the table. 'Maybe we can get it for you.'

'Don't sit there. You spilled honey all over that. I have to go upstairs now.'

'No, you don't. Your patient's coming down. I can hear him. What is it you want?'

Bonnie turned. In the wide door of the dining-room Harold appeared. He was clad in a faded pair of pyjamas, half off his thin tanned body. His light hair was on end and his feet were bare. 'Bonnie,' he said. 'Darling, you must go right back to bed!'

'I'm hungry.'

'You must be awful sick,' Abner said. 'That's a bad sign, being hungry. I guess you need some more castor oil.'

Harold gave him an offended look and said, 'Bonnie, can I have something to eat?'