Authors: Evan Hunter
In Clovelly, you can walk miles down to the sea, a cobbled path goes down the side of the cliff, it's teeming with Englishmen on holiday.
He took me there one weekend and bought me a dish of ice cream from an old man in one of the shops, Bed and Breakfast the signs all say. He got stung by a bee while we lay in the grass on the side of the hill, the weather still so beautifully mild and bright, we lay in the high grass, and the bee flew into his open collar and stung him on the back of his neck. Oh, you should have seen him fuss, the big baby, ranting and shouting, you'd think he was about to die, I couldn't stop laughing, Arthur, it was
so
funny. On the way to Dorset, we drove up Porlock Hill, do you know what heather looks like? The hill was covered with heather, and sheep grazing, and we got out of the car and looked out over the sea, with the wind howling, I hugged my sweater around me. I was wearing a blue cashmere I'd bought in Birmingham in the Ring, have you ever been there, it's a science-fiction city, you must touch me, Arthur. George Bernard Shaw had one of his plays done there for the first time, at the Birmingham Rep, that was before the bombings, touch me everywhere.
Is it really a good part, Arthur? I read a play nowadays, and I can't tell anymore, it used to be so easy. When I was hungry,
every
part was a good part, and I wanted them all, I wanted to play every woman ever invented. And now I can't tell anymore, do you know how old I am? I'm twenty-five years old, did I tell you that? How old is Carol supposed to be, she's younger than that, isn't she? Are you really sure you want me to take the part? Arthur, I hope you don't think, Oh God, you're so warm, I hope you don't think there's a connection, I hope you haven't got it in your mind that this has anything to do with whether I play the part or not, because it doesn't. It Wouldn't matter, it
doesn't
matter, oooh, what are you doing, I
love
it, there's no connection between this and the play, don't you see, this is something
else
. She's so young, how could I play a girl so young, is she supposed to be a virgin? He said I had no breasts, in Ohio this was, do you like my breasts? I was playing summer stock there, I was only seventeen. The moment he said it my nipples began to show through my sweater, and he knew, oh
boy
did he know, he was a very wise old bastard, he knew from the first day the summer began. He made love to me on the floor of the theater, upstairs where we used to paint the flats, we could hear them rehearsing down below, they were doing
Winterset
, the girl playing Mariamne was having trouble with her lines, she kept repeating them over and over again while he made love to me, oh God I was
so
excited, I was only a
girl
, Arthur, I was only seventeen, I really
don't
know about this play of yours or the confused girl in it, it's driving me crazy, I
mean
it, she is
really
a very confused person. Oh, I admit it would be a challenge, don't misunderstand me, the smell of the paint and Mariamne's lines,
And I came back because I must see you again. And we danced together and my heart hurt me
, I learned the part that afternoon, what a
long
afternoon, but I can't remember his name, isn't that funny? I'd just hate to accept your play and then disappoint you, I couldn't bear that, Arthur, disappointing anyone. I can't bear failing anyone. If I thought my note to that poor lovely boy, do I excite you, that poor lovely boy with leukemia, do I excite you very much, had failed him, well I just couldn't bear the thought, give me your cock. You have a big beautiful cock.
Wednesday
8
It was a cast-iron day, bitter and brooding, with fierce winds lashing the streets, and dark clouds menacing the city. Sometime during the night the temperature had plummeted to six above zero, and the freshly fallen snow had hardened to form a thick, impenetrable crust. By morning, the situation had scarcely improved, the temperature hovering in the teens, the wind keening over ice-covered streets, solemn clouds above threatening further snow.
The courtroom was sunless and dim. Gusts of wind shuddered along the length of each long high window, rattling the panes. A cold hard light streamed through the windows, draining the wood-paneled walls of their luster, tinting the room and its occupants a solemn gray. Even Chester Danton, pink-faced and pink-pated, seemed to lose some of his high flushed color as his name was called and he walked from the jury box to the witness chair. Jonah watched him as he moved into the aura of harsh light spilling through the windows. He was a rotund little man with fierce black eyebrows and a hooked nose. He wore a brown suit, and he walked with a rolling gait, pausing and then pulling up his trouser leg to preserve the crease as he climbed onto the stand and turned to face the clerk. Jonah's wrist was hurting him. Tiny darts of pain radiated from the bones into his arm, triggering memories of the accident, and then of Sally, and then of the little Egyptian and his flaring anger against the man, his murderous anger. In the jury box, James Driscoll sat with his wife, both of them intently watching Danton as he raised his hand preparatory to taking the oath.
"… whole truth and nothing but the truth, so help you God?"
"I do," Danton said.
Jonah massaged his right wrist, and then rose from behind the defense table to walk toward Danton, who sat expectantly, his bushy brows lowered, his dark eyes glowering beneath them.
"What do you do for a living, Mr. Danton?" he asked.
"I work for Mitchell-Campbell Books."
"What do you do there?"
"I'm an editor."
"And your title?"
"Executive vice-president."
"Did you work for Mitchell-Campbell in July of 1962?"
"I did."
"In the same capacity?"
"Yes, sir."
"Had you ever heard of James Driscoll before July of 1962?"
"No, sir."
"Or seen any of his work?"
"No, sir."
"When was the first time you saw anything written by James Driscoll?"
"In July of 1962."
"What was this writing?"
"A hundred pages of a novel in progress, together with an outline of the remainder of the novel."
"And the title?"
"The Enemy."
Jonah nodded and walked back to the defense table. Norman handed him a sheet of paper which he carried back to the witness chair with him. "Mr. Danton, would you look at this, please?" he said, and offered the sheet to Danton, who glanced at it summarily, and then looked up at Jonah again.
"Would you please tell the Court what this is," Jonah said.
"It's an editorial report form used by Mitchell-Campbell Books."
"Was it in use in 1962?"
"Yes, and still is."
"In this identical style and shape?"
"Yes, identical."
"What is its purpose?"
"There are a great many people at Mitchell-Campbell who read manuscripts. Each person so doing is required to record his or her reaction to the manuscript on a form such as this one."
"Does this particular form refer to a specific manuscript?"
"Yes, it refers to James Driscoll's partial novel
The Enemy
, and it is dated July 12, 1962. The novel came in over the transom and was sent directly to me, and this is my first report on it."
"By 'over the transom' you mean…"
"I mean it was simply mailed to Mitchell-Campbell Books, without being addressed to any specific person in the company."
"Is it usual for a manuscript to come immediately to the attention of an executive vice-president?"
"No, the first readings are usually made by others in the company. But I had edited several war novels for the firm, and it was assumed I would have special interest in a novel of this sort. I imagine that's why it was directed to me."
"You said a hundred pages…"
"I see the number of pages is listed in the report. It was ninety-eight pages."
"Of a novel titled
The Enemy.
"
"Yes."
"Did this later become
The Paper Dragon?
"
"Yes, sir."
"I would like to offer this in evidence," Jonah said, and handed a copy of the report to Brackman.
Brackman glanced at it, and then said, "I do not see its relevance, your Honor."
"If your Honor please—"
"We already know that it's a report on Mr. Driscoll's novel. I don't see—"
"The plaintiff has claimed, your Honor, that
The Paper Dragon
was pirated from the play
Catchpole
. By tracing the development of the book, I intend to show that there was independent creation."
"Is this offer being made. " McIntyre began.
"This offer, your Honor, is being made to show that there were no special or mysterious circumstances surrounding the submission, the editing, or the subsequent development of the novel written by James Driscoll. We have already heard that the book came in 'over the transom,' addressed to no specific person in the company, and that it was treated as any other submission might have been, in accordance with the normal business procedure at Mitchell-Campbell Books."
"Mr. Brackman may wish you to explore this 'normal business procedure,' " McIntyre said.
"No, that won't be necessary," Brackman said. "I am ready to concede that editorial reports are the normal business of a publishing firm."
"Very well," McIntyre said.
"I am not objecting to whether or not this was normal procedure."
"What is your objection, Mr. Brackman?"
"Only that it is irrelevant, your Honor."
"Well, I will admit the report," McIntyre said. "Is it dated, Mr. Willow?"
"It is, your Honor. The date on it is July 12, 1962, but the content of the report states that the manuscript was received on July ninth."
"Mark it 'Defendants' Exhibit C,' " the clerk said.
"You have stated that you wrote this report," Jonah said.
"Yes," Danton replied.
"What did you do with the manuscript after you wrote this report?"
"I sent it to Miss Anita Lang."
"Who is Miss Lang?"
"She's an editor at Mitchell-Campbell Books."
"You sent it to her for her opinion?"
"Yes, and for subsequent transmittal to Mr. Campbell for a final decision."
"What was your opinion?"
"I felt we should publish the book."
"Did Miss Lang make a report on the book?"
"She did."
"I ask you to look at this, Mr. Danton, and tell me what it is."
Danton took the extended sheet of paper, glanced at it, and said, "This is Miss Lang's report on the book, and I see that Mr. Campbell has indicated on it that he is to see the manuscript at once. The report is dated July 16th."
"You are familiar with Mr. Campbell's handwriting?"
"I am. That's his handwriting."
"And is this paper the actual editorial report made by Miss Lang?"
"It is."
"A report which, similar to yours, was part of the normal business procedure at Mitchell-Campbell Books."
"Yes, sir. We regularly get several opinions on any book thought to be a publishing possibility."
"I offer it in evidence," Jonah said.
"I object as before," Brackman said.
"Overruled," McIntyre answered.
"Mark it 'Defendants' Exhibit D in evidence' " the clerk said.
"Was the manuscript eventually sent on to Mr. Campbell, together with the reports by yourself and Miss Lang?"
"That's right."
"Did Mr. Campbell subsequently comment on the novel?"
"He did."
"Incidentally, is this 'Mr. Campbell' the president of Mitchell-Campbell Books — Leonard Campbell?"
"Yes."
"I ask you to look at this, Mr. Danton, and tell me what it is."
"It's the memorandum Mr. Campbell sent to me after he read the Driscoll novel."
"I offer it in evidence."
"Objection."
"Overruled."
"Mark it 'Defendants' Exhibit E in evidence.' "
"Now, Mr. Danton, I would like you to refer to Miss Lang's report on the novel. There's a paragraph in it that's marked with a pencil and then with the words 'Good suggestion.' Do you see that paragraph?"
"Just a moment," Danton said. He reached into his jacket pocket, took out a pair of eyeglasses, and settled them on the bridge of his nose. Then he studied the report and said, "Yes, I have it now."
"Can you identify the handwriting in the margin?"
"I can. It's my handwriting."
"Would you read that paragraph to the court, and explain what you meant by your penciled comment?"
Danton cleared his throat and then began reading. " 'However, one thing that does not seem well-motivated (in this initial segment, at least) is Colman's instantaneous dislike of the hero, which triggers the squad's subsequent resistance to his attempts at reaching them. Since the novel gathers its impetus from the Colman-Cooper conflict, I found it implausible that these men would be so immediately antagonistic to each other. Can't there be a stronger motivation for their hatred? It seems to me this certainly requires deeper thought from Driscoll.' " Danton looked up. "That's the second paragraph of her report," he said. "And in the margin, as you pointed out, I scribbled the words 'Good suggestion,' and of course initialed it 'CD' for Chester Danton."
"You agreed with Miss Lang that there was not sufficient motivation for hating the lieutenant?"
"Yes, I agreed with her, as I indicated in my marginal note."
"The novel did
not
contain this motivation?"
"Not when we first received it."
"Does it now?"
"Yes, it does."
"Was it Miss Lang's suggestion that this motivation be added?"
"Yes."
"And was it added?"
"Yes."
"In what way?"
"I suggested to Mr. Driscoll that perhaps the squad's attachment to their previous commanding officer made them unable to accept his replacement."
"When did you make this suggestion?"
"I don't remember the exact date. It was certainly during our first meeting about the book."
"
Whose
first meeting?"
"The first editorial meeting I had with Mr. Driscoll."
"Did you enlarge upon the suggestion in any way?"
"Yes. I proposed the idea that the former commanding officer be a major who'd been killed by a sniper."
"This was your suggestion?"
"Yes."
"Did this major exist in the novel when it was first delivered to you?"
"No, sir, he was not in the novel."
"He was added after you met Mr. Driscoll?"
"Yes, sir."
"Are you aware that the plaintiff claims as a specific similarity the fact that a man is killed by a sniper in his play, and a man is killed by a sniper in Mr. Driscoll's novel?"
"Yes, I am aware of that."
"But you have just testified that the man being killed by a sniper was your idea and not Mr. Driscoll's."
"That is correct."
"Did you ever see the play
Catchpole
when it was produced in New York?"
"I did not."
"It was produced in October of 1947, opening on the 14th, and closing on the 25th. Can you tell us where you were at that time?"
"Yes, sir. I was in England."
"Doing what?"
"I was handling subsidiary rights for Mitchell-Campbell at that time, and part of my duties involved arranging for the foreign publication of titles on our list. I went to England at the beginning of October that year, and I did not return until November 28th."
"You were out of the United States from October 1st to November 28th, is that correct?"
"October 3rd, I believe it was."
"And did not see the production of Mr. Constantine's play?"
"I did not see Mr. Constantine's play."
"Prior to the beginning of this action, had you ever read
Catchpole
?"
"No, sir."
"Had you ever met or heard of the plaintiff, Arthur Constantine?"
"No, sir."
"Did anyone other than yourself have anything to do with the editing of James Driscoll's book?"
"Outside of these several memorandums from Miss Lang and Mr. Campbell, the editor-author relationship was solely between Mr. Driscoll and me."
"And so it was you alone who suggested that the major be killed by a sniper, and that the squad's attachment to him form the basis of their subsequent hatred of Lieutenant Alex Cooper."
"Yes, sir, the suggestion was mine alone."
"Did you have any other editorial suggestions to make?"
"Well, the remarkable thing about the book was that it was so good and so fully realized that there were very few suggestions an editor
could
make."
"Your Honor," Brackman said, "the answer is unresponsive."
"Mr. Danton…"
"I made very few editorial comments, except for suggesting a new title."
"What was the title on the manuscript as it was submitted?"
"The Enemy."
"Were any other titles subsequently considered?"
"Yes. One suggestion was
The Other Enemy
, but this was discarded."
"Who suggested that the title be changed to
The Paper Dragon
?"
"I did."
"You made this suggestion directly to Mr. Driscoll?"
"I did."
"When was that?"
"I don't recall the exact date. We'd been trying for a new title all along, and I believe the idea for this one came to me while Jimmy was still working on the book. I called him, and we discussed it on the telephone."
"What was the nature of the discussion?"
"The discussion concerned the theme of the book. It has since been universally accepted as an indictment of the United States Army, a bitter treatise against war. It seemed to me, however, that this was not Mr. Driscoll's intention. I thought he was attempting to show that—"