A time to kill

Jake, Harry Rex, and Lucien relaxed on the balcony and enjoyed the circus below. A pitcher of fresh, slushy mar-garitas sat on the table and slowly disappeared. At times they participated in the rally, yelling "Free Carl Lee" or humming along with "We Shall Overcome." No one knew the words but Lucien. He had learned them during the glorious civil rights days of the sixties, and still claimed to be the only white in Ford County who knew all the words to every stanza. He had even joined a black church back then, he explained between drinks, after his church voted to exclude

black members. He dropped out after a three-hour sermon ruptured a disc. He had decided white people were not cut out for that kind of worship. He still contributed, however.

Occasionally, a crew of TV people would stray near Jake's office and serve up a question. Jake would pretend not to hear, then finally yell "Free Carl Lee."

Precisely at one-thirty, Agee found his bullhorn, unfurled his banner, lined up the ministers and gathered his marchers. He started with the hymn, sung directly into the bullhorn, and the parade crawled down Jackson, then onto Caffey, and around and around the square. Each lap attracted more people and made more noise.

The jury room was silent for fifteen minutes after Reba Betts was converted from an undecided to a not guilty. If a man raped her, she just might blow his head off if she got the chance. It was"now five to five with two undecideds, and a compromise looked hopeless. The foreman continued to straddle the fence. Poor old Eula Dell Yates had cried one way, then cried the other, and everyone knew she would eventually go with the majority. She had burst into tears at the window, and was led to her seat by Clyde Sisco. She wanted to go home. Said she felt like a prisoner.

The shouting and marching had taken its toll. When the bullhorn passed nearby, the anxiety level in the small room reached a frenzied peak. Acker would ask for quiet, and they would wait impatiently until the racket faded to the front of the courthouse. It never disappeared completely. Carol Corman was the first to inquire about their safety. For the first time in a week, the quiet motel was awfully attractive.

Three hours of nonstop chanting had unraveled whatever nerves were left. The foreman suggested they talk about their families and wait until Noose sent for them at five.

Bernice Toole, a soft guilty, suggested something they had all thought about but no one had mentioned. "Why don't we just tell the judge we are hopelessly deadlocked?"

"He'd declare a mistrial, wouldn't he?" asked Jo Ann Gates.

"Yes," answered the foreman. "And he would be re-

tried in a few months. Why don't we call it a day, and try again tomorrow?"

They agreed. They were not ready to quit. Eula Dell cried softly.

At four, Carl Lee and the kids walked to one of the tall windows lining each side of the courtroom. He noticed a small knob. He turned it, and the windows swung open to a tiny platform hanging over the west lawn. He nodded at a deputy, and stepped outside. He held Tonya and watched the crowd.

They saw him. They yelled his name and rushed to the building under him. Agee led the marchers off the street and across the lawn. A wave of black humanity gathered under the small porch and pressed forward for a closer look at their champion.

"Free Carl Lee!"

"Free Carl Lee!"

"Free Carl Lee!"

He waved at his fans below him. He kissed his daughter and hugged his sons. He waved and told the kids to wave.

Jake and his small band of hombres used the diversion to stagger across the street to the courthouse. Jean Gillespie had called. Noose wanted to see the lawyers in chambers. He was disturbed. Buckley was raging.

"I demand a mistrial! I demand a mistrial!" he yelled at Noose the second Jake walked in.

"You move for a mistrial, Governor. You don't demand," Jake sard through glassy eyes.

"You go to hell, Brigance! You planned all this. You plotted this insurrection. Those are your niggers out there."

"Where's the court reporter?" Jake asked. "I want this on the record."

"Gentlemen, gentlemen," Noose said. "Let's be professionals."

"Judge, the State moves for a mistrial," Buckley said, somewhat professionally.

"Overruled."

"All right, then. The State moves to allow the jury to deliberate at someplace other than the courthouse."

"Now that's an interesting idea," Noose said.

"I see no reason why they can't deliberate at the motel. It's quiet and few people know where it is," Buckley said confidently.

"Jake?" Noose said.