The plan of attack was simple: a truck would stop a few hundred feet down the road, out of sight, no headlights, and the driver remained with engine running while the other three carried the cross to the front yard, stuck it in the ground, and threw a torch on it. The pickup then met them in front of the house for a quiet getaway and joyride to the next target.

The plan worked simply and with no complications at nineteen of the twenty targets. But at Luther Pickett's residence a strange noise earlier in the night had aroused Luther, and he sat in the darkness of his front porch waiting for nothing in particular when he saw a strange pickup move suspiciously along the gravel road out beyond his pecan tree. He grabbed his shotgun and listened as the truck turned around and stopped down the road. He heard voices, and then saw three figures carrying a pole or something into his front yard, next to the gravel road. Luther crouched behind a shrub next to the porch, and aimed.

The driver took a slug of cold beer and watched to see the cross go up in flames. He heard a shotgun instead. His buddies abandoned the cross and the torch and the front yard, and jumped into a small ditch next to the road. Another shotgun blast. The driver could hear the screams and obscenities. They had to be rescued! He threw down his beer and stepped on the gas,

Old Luther fired again as he came off the porch, and again as the truck appeared and stopped by the shallow ditch. The three scrambled desperately from the mud, stum-

bling and sliding, cussing and yelling as they attacked the truck and furiously fought to jump into the bed.

"Hang on!" yelled the driver just as old Luther fired again, this time spraying the pickup. He watched with a smile as the truck sped away, spinning gravel and fishtailing from ditch to ditch. Just a bunch of drunk kids, he thought.

From a pay phone, a Kluxer held the list of twenty names and twenty phone numbers. He called them all, simply to ask them to take a look in their front yards.

Friday morning Jake phoned the Noose home and was informed by Mrs. Ichabod that His Honor was presiding over a civil trial in Polk County. Jake gave instructions to Ellen and left for Smithfield, an hour away. He nodded at His Honor as he entered the empty courtroom and sat on the front row. Except for the jurors, there were no other spectators. Noose was bored, the jurors were bored, the lawyers were bored, and after two minutes Jake was bored. After the witness finished Noose called for a short recess, and Jake went to his chambers.

"Hello, Jake. Why're you here?"

"You heard what happened yesterday."

"I saw it on the news last night."

"Have you heard what happened this morning?"

"No."

"Evidently someone gave the Klan a list of the prospective jurors. Last night they burned crosses in the yards of twenty of the jurors."

Noose was shocked. "Our jurors!"

"Yes, sir."

"Did they catch anybody?"

"Of course not. They were too busy putting out fires. Besides, you don't catch these people."

"Twenty of our jurors," Noose repeated.

"Yes, sir."

Noose pawed at his mangled mass of brilliant gray hair and walked slowly around the small room, shaking his head and occasionally scratching his crotch.

"Sounds like intimidation to me," he muttered.

What a mind, thought Jake. A real genius. "I would say so."

"So what am I supposed to do?" he asked with a touch of frustration.

"Change venue."

"To where?"

"Southern part of the state."

"I see. Perhaps Carey County. I believe it's sixty percent

black. That would generate at least a hung jury, wouldn't it? Or maybe you would like Brower County. I think it's even blacker. You'd probably get an acquittal there, wouldn't you?"

"I don't care where you move it. It's not fair to try him in Ford County. Things were bad enough before the war yesterday. Now the white folks are really in a lynching mood, and my man's got the nearest available neck. The situation was terrible before the Klan started decorating the county with Christmas trees. Who knows what else they'll try before Monday. There's no way to pick a fair and impartial jury in Ford County."

"You mean black jury?"

"No, sir! I mean a jury that hasn't prejudged this case. Carl Lee Hailey is entitled to twelve people who haven't already decided his guilt or innocence."

Noose lumbered toward his chair and fell into it. He removed those glasses from that nose and picked at the end of it.

"We could excuse the twenty," he wondered aloud.

"That won't help. The entire county knows about it or will know about it within a few hours. You know how fast word travels. The entire panel will feel threatened."

"Then we could disqualify the entire panel and summon a new one."

"Won't work," Jake answered sharply, frustrated by Noose's stubbornness. "All jurors must come from Ford County, and everybody in the county knows about it. And how do you keep the Klan from harassing the next panel? It won't work."

"What makes you so confident the Klan won't follow the case if I move it to another county?" The sarcasm dripped from every word.

"I think they will follow it," Jake admitted. "But we don't know that for sure. What we do know is that the Klan is already in Ford County, that it's quite active now, and that it has already intimidated some potential jurors. That's the issue. The question is, what will you do about it?"

"Nothing," Noose said bluntly.

"Sir?"

"Nothing. I will do nothing but dismiss the twenty. I will

carefully interrogate the panel next Monday, when the trial starts in Clanton."

Jake stared in disbelief. Noose had a reason, a motive, a fear, something he was not telling. Lucien was right-someone had gotten to him. ' "May I ask why?"

"I don't think it matters where we try Carl Lee Hailey. I don't think it matters who we put in the jury box. I don't think it matters what color they are. Their minds are made up. All of them, wherever and whoever they are. They've already made up their minds, Jake, and it's your job to pick those who think your man is a hero."

That's probably true, thought Jake, but he wouldn't admit it. He continued staring at the trees outside. "Why are you afraid to move it?"

Ichabod's eyes narrowed, and he glared at Jake. "Afraid? I'm not afraid of any ruling I make. Why are you afraid to try it in Ford County?"

"I thought I just explained it."

"Mr. Hailey will be tried in Ford County starting Monday. That's three days from today. And he will be tried there not because I'm afraid to move it, but because it wouldn't do any good to move it. I've considered all this very carefully, Mr. Brigance, many times, and I feel comfortable with the trial in Clanton. It will not be moved. Anything further?"

"No, sir."

"Good. See you Monday."

Jake entered his office through the rear door. The front door had been locked for a week now, and there was always someone banging on it and yelling at it. Most of them were reporters, but many were friends just stopping by to gossip and find out what they could about the big trial. Clients were a thing of the past. The phone rang constantly. Jake never touched it and Ellen grabbed it if she was nearby.

He found her in the conference room up to her elbows in law books. The M'Naghten brief was a masterpiece. He had requested no more than twenty pages. She gave him seventy-five perfectly typed and plainly worded pages, and explained there was no way to cover the Mississippi version

of M'Naghten in fewer words. Her research was painstaking and detailed. She had started with the original M'Naghten case in England in the 1800's and worked through a hundred and fifty years of insanity law in Mississippi. She discarded insignificant or confusing cases, and explained in wonderful simplicity the complicated, major cases. The brief concluded with a summary of current law, and applied it to the trial of Carl Lee Hailey.

In a smaller brief, only fourteen pages, she had reached the unmistakable conclusion that the jury would see the sickening pictures of Cobb and Willard with their brains splattered about the stairway. Mississippi admitted such inflammatory evidence, and she had found no way around it.

She had typed thirty-one pages of research on the defense of justifiable homicide, something Jake had considered briefly after the killings. She reached the same conclusion Jake had reached-it wouldn't work. She had found an old Mississippi case where a man had caught and killed an escaped convict who was armed. He had been acquitted, but the differences in that case and Carl Lee's case were enormous. Jake had not asked for the brief, and was irritated that so much energy had been spent on it. He said nothing, however, since she had produced everything he had asked for.

The most pleasant surprise had been her work with Dr. W.T. Bass. She had met with him twice during the week, and they had covered M'Naghten in great detail. She prepared a twenty-five-page script of the questions to be asked by Jake and the answers to be given by Bass. It was a skillfully crafted dialogue, and he marveled at her seasoning. When he was her age, he was an average student more concerned with romance than research. She, on the other hand, as a third-year law student was writing briefs that read like treatises.

"How'd it go?" she asked.

"As expected. He did not budge. The trial will start here Monday with the same panel, minus the twenty who received their subtle warnings."

"He's crazy."

"What're you working on?"

"I'm finishing the brief to support our position that the

details of the rape should be discussed before the jury. It looks good, at this point."

"When will you finish it?"

"Is there some hurry?"

"By Sunday, if possible. I've got another chore, something a little different."

She slid her legal pad away and listened.

"The State's psychiatrist will be Dr. Wilbert Rode-heaver, head of staff at Whitfield. He's been there forever, and has testifed in hundreds of cases. I want you to dig a little and see how often his name appears in court decisions."

"Fve already run across his name."

"Good. As you know, the only cases we read about from the Supreme Court are the ones where the defendant at trial was convicted and has appealed. The acquittals are not reported. I'm more interested in these."


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