A time to kill

Dell Perkins served more coffee and grits than usual Tuesday morning after the killings. All the regulars and some extras had gathered early to read the papers and talk about the killings, which had taken place less than three hundred feet from the front door of the Coffee Shop. Claude's and the Tea Shoppe were also crowded earlier than usual. Jake's picture made the front page of the Tupelo paper, and the Memphis and Jackson papers had front-page photos of Cobb and Willard, both before the shootings and afterward as the bodies were loaded into the ambulance. There were no pictures of Carl Lee. All three papers ran detailed accounts of the past six days in Clanton.

It was widely accepted around town that Carl Lee had done the killing, but rumors of additional gunmen surfaced and flourished until one table at the Tea Shoppe had a whole band of wild niggers in on the attack. However, the deputies in the Coffee Shop, though not talkative, throttled the gossip and kept it pretty much under control. Deputy Looney was a regular, and there was concern for his wounds, which appeared to be more serious than originally reported. He remained in the hospital, and he had identified the gunman as Lester Hailey's brother.

Jake entered at six and sat near the front with some farmers. He nodded at Prather and the other deputy, but they pretended not to see him. They'll be okay once Looney is released, he thought. There were some remarks about the front-page picture, but no one questioned Jake about his new client or the killings. He detected a certain coolness among some of the regulars. He ate quickly and left.

At nine Ethel called Jake. Bullard was holding.

"Hello, Judge. How are you?"

"Terrible. You represent Carl Lee Hailey?"

"Yes, sir."

"When do you want the preliminary?"

"Why are you asking me, Judge?"

"Good question. Look, the funerals are tomorrow

morning sometime, and I think it would be best to wait till they bury those bastards, don't you?"

"Yeah, Judge, good idea."

"How 'bout tomorrow afternoon at two?"

"Fine."

Bullard hesitated. "Jake, would you consider waiving the preliminary and letting me send the case straight to the grand jury?"

"Judge, I never waive a preliminary, you know that."

"Yeah, I know. Just thought I'd ask a favor. I won't hear this trial, and I have no desire to get near it. See you tomorrow."

An hour later Ethel squawked through the intercom again: "Mr. Brigance, there are some reporters here to see you."

Jake was ecstatic. "From where?"

"Memphis and Jackson, I believe."

"Seat them in the conference room. I'll be down in a minute."

He straightened his tie and brushed his hair, and checked the street below for television vans. He decided to make them wait, and after a couple of meaningless phone calls he walked down the stairs, ignored Ethel, and entered the conference room. They asked him to sit at one end of the long table, because of the lighting. He declined, told himself he would control things, and sat at one side with his back to the rows of thick, expensive law books.

The microphones were placed before him and the camera lights adjusted, and finally an attractive lady from Memphis with streaks of bright orange across her forehead and under her eyes cleared her throat and asserted herself. "Mr. Brigance, you represent Carl Lee Hailey?"

"Yes, I do."

"And he's been charged with the murders of Billy Ray Cobb and Pete Willard?"

"That's correct."

"And Cobb and Willard were charged with raping Mr. Hailey's daughter?"

"Yes, that's correct."

"Does Mr. Hailey deny killing Cobb and Willard?"

"He will plead not guilty to the charges."

"Will he be charged for the shooting of the deputy, Mr. Looney?"

"Yes. We anticipate a third charge of aggravated assault against the officer."

"Do you anticipate a defense of insanity?"

"I'm not willing to discuss the defense at this time because he has not been indicted."

"Are you saying there's a chance he may not be indicted?"

A fat pitch, one Jake was hoping for. The grand jury would either indict him or not, and the grand jurors would not be selected until Circuit Court convened on Monday, May 27. So the future members of the grand jury were walking the streets of Clanton, tending their shops, working in the factories, cleaning house, reading newspapers, watching TV, and discussing whether or not he should be indicted.

"Yes, I think there's a chance he may not be indicted. It's up to the grand jury, or will be after the preliminary hearing."

"When's the preliminary hearing?"

"Tomorrow. Two P.M."

"You're assuming Judge Bullard will bind him over to the grand jury?"

"That's a pretty safe assumption," replied Jake, knowing Bullard would be thrilled with the answer.

"When will the grand jury meet?"

"A new grand jury will be sworn in Monday morning. It could look at the case by Monday afternoon."

"When do you anticipate a trial?"

"Assuming he's indicted, the case could be tried in late summer or early fall."

"Which court?"

"Circuit Court of Ford County."

"Who would be the judge?"

"Honorable Omar Noose."