“What was the
evidence
of her offense?
Lee, Harper - To Kill a Mockingbird
Mr.
Gilmer paused a long time to let it sink in.
“Now you went by the house as usual, last November twenty-first,” he said, “and she asked you to come in and bust up a chiffarobe? ”
“No suh. ”
“Do you deny that you went by the house? ”
“No suh—she said she had somethin‘ for me to do inside the house—”
“She says she asked you to bust up a chiffarobe, is that right? ”
“No suh, it ain’t. ”
“Then you say she’s lying, boy? ”
Atticus was on his feet, but Tom Robinson didn’t need him. “I don’t say she’s lyin‘, Mr. Gilmer, I say she’s mistaken in her mind. ”
To the next ten questions, as Mr. Gilmer reviewed Mayella’s version of events, the witness’s steady answer was that she was mistaken in her mind.
“Didn’t Mr. Ewell run you off the place, boy? ”
“No suh, I don’t think he did. ”
“Don’t think, what do you mean? ”
“I mean I didn’t stay long enough for him to run me off. ” “You’re very candid about this, why did you run so fast? ” “I says I was scared, suh. ”
“If you had a clear conscience, why were you scared? ”
“Like I says before, it weren’t safe for any nigger to be in a—fix like that. ”
“But you weren’t in a fix—you testified that you were resisting Miss Ewell. Were you so scared that she’d hurt you, you ran, a big buck like you? ”
“No suh, I’s scared I’d be in court, just like I am now. ”
“Scared of arrest, scared you’d have to face up to what you did? ” “No suh, scared I’d hafta face up to what I didn’t do. ”
“Are you being impudent to me, boy? ”
“No suh, I didn’t go to be. ”
This was as much as I heard of Mr. Gilmer’s cross-examination, because Jem made me take Dill out. For some reason Dill had started crying and couldn’t stop; quietly at first, then his sobs were heard by several people in the balcony. Jem said if I didn’t go with him he’d make me, and Reverend Sykes said I’d better go, so I went. Dill had seemed to be all right that day, nothing wrong with him, but I guessed he hadn’t fully recovered from running away.
“Ain’t you feeling good? ” I asked, when we reached the bottom of the stairs.
Dill tried to pull himself together as we ran down the south steps. Mr. Link Deas was a lonely figure on the top step. “Anything happenin‘, Scout? ” he asked as we went by. “No sir,” I answered over my shoulder. “Dill here, he’s sick. ”
“Come on out under the trees,” I said. “Heat got you, I expect. ” We chose the fattest live oak and we sat under it.
“It was just him I couldn’t stand,” Dill said.
“Who, Tom? ”
“That old Mr. Gilmer doin‘ him thataway, talking so hateful to him—”
“Dill, that’s his job. Why, if we didn’t have prosecutors—well, we couldn’t have defense attorneys, I reckon. ”
Dill exhaled patiently. “I know all that, Scout. It was the way he said it made me sick, plain sick. ”
“He’s supposed to act that way, Dill, he was cross—”
“He didn’t act that way when—” “Dill, those were his own witnesses. ”
“Well, Mr. Finch didn’t act that way to Mayella and old man Ewell when he cross- examined them. The way that man called him ‘boy’ all the time an‘ sneered at him, an’ looked around at the jury every time he answered—”
“Well, Dill, after all he’s just a Negro. ”
“I don’t care one speck. It ain’t right, somehow it ain’t right to do ‘em that way. Hasn’t anybody got any business talkin’ like that—it just makes me sick. ”
“That’s just Mr. Gilmer’s way, Dill, he does ‘em all that way. You’ve never seen him get good’n down on one yet. Why, when—well, today Mr. Gilmer seemed to me like he wasn’t half trying. They do ’em all that way, most lawyers, I mean. ”
“Mr. Finch doesn’t. ”
“He’s not an example, Dill, he’s—” I was trying to grope in my memory for a sharp phrase of Miss Maudie Atkinson’s. I had it: “He’s the same in the courtroom as he is on the public streets. ”
“That’s not what I mean,” said Dill.
“I know what you mean, boy,” said a voice behind us. We thought it came from the tree-trunk, but it belonged to Mr. Dolphus Raymond. He peered around the trunk at us. “You aren’t thin-hided, it just makes you sick, doesn’t it? ”
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Chapter 20
“Come on round here, son, I got something that’ll settle your stomach. ”
As Mr. Dolphus Raymond was an evil man I accepted his invitation reluctantly, but I followed Dill. Somehow, I didn’t think Atticus would like it if we became friendly with Mr. Raymond, and I knew Aunt Alexandra wouldn’t.
“Here,” he said, offering Dill his paper sack with straws in it. “Take a good sip,
it’ll quieten you. ”
Dill sucked on the straws, smiled, and pulled at length.
“Hee hee,” said Mr. Raymond, evidently taking delight in corrupting a child.
“Dill, you watch out, now,” I warned.
Dill released the straws and grinned. “Scout, it’s nothing but Coca-Cola. ”
Mr. Raymond sat up against the tree-trunk. He had been lying on the grass. “You little folks won’t tell on me now, will you? It’d ruin my reputation if you did. ”
“You mean all you drink in that sack’s Coca-Cola? Just plain Coca-Cola? ”
“Yes ma’am,” Mr. Raymond nodded. I liked his smell: it was of leather, horses, cottonseed. He wore the only English riding boots I had ever seen. “That’s all I drink, most of the time. ”
“Then you just pretend you’re half—? I beg your pardon, sir,” I caught myself. “I didn’t mean to be—”
Mr. Raymond chuckled, not at all offended, and I tried to frame a discreet question: “Why do you do like you do? ”
“Wh—oh yes, you mean why do I pretend? Well, it’s very simple,” he said. “Some folks don’t—like the way I live. Now I could say the hell with ‘em, I don’t care if they don’t like it. I do say I don’t care if they don’t like it, right enough— but I don’t say the hell with ’em, see? ”
Dill and I said, “No sir. ”
“I try to give ‘em a reason, you see. It helps folks if they can latch onto a reason. When I come to town, which is seldom, if I weave a little and drink out of this sack, folks can say Dolphus Raymond’s in the clutches of whiskey—that’s why he won’t change his ways. He can’t help himself, that’s why he lives the way he does. ”
“That ain’t honest, Mr. Raymond, making yourself out badder’n you are already —”
“It ain’t honest but it’s mighty helpful to folks. Secretly, Miss Finch, I’m not much of a drinker, but you see they could never, never understand that I live like I do because that’s the way I want to live. ”
I had a feeling that I shouldn’t be here listening to this sinful man who had mixed children and didn’t care who knew it, but he was fascinating. I had never encountered a being who deliberately perpetrated fraud against himself. But why had he entrusted us with his deepest secret? I asked him why.
“Because you’re children and you can understand it,” he said, “and because I heard that one—”
He jerked his head at Dill: “Things haven’t caught up with that one’s instinct yet. Let him get a little older and he won’t get sick and cry. Maybe things’ll strike him as being—not quite right, say, but he won’t cry, not when he gets a few years on him. ”
“Cry about what, Mr. Raymond? ” Dill’s maleness was beginning to assert itself.
“Cry about the simple hell people give other people—without even thinking. Cry about the hell white people give colored folks, without even stopping to think that they’re people, too. ”
“Atticus says cheatin‘ a colored man is ten times worse than cheatin’ a white man,” I muttered. “Says it’s the worst thing you can do. ”
Mr. Raymond said, “I don’t reckon it’s—Miss Jean Louise, you don’t know your pa’s not a run-of-the-mill man, it’ll take a few years for that to sink in—you haven’t seen enough of the world yet. You haven’t even seen this town, but all you gotta do is step back inside the courthouse. ”
Which reminded me that we were missing nearly all of Mr. Gilmer’s cross- examination. I looked at the sun, and it was dropping fast behind the store-tops on the west side of the square. Between two fires, I could not decide which I wanted to jump into: Mr. Raymond or the 5th Judicial Circuit Court. “C’mon, Dill,” I said. “You all right, now? ”
“Yeah. Glad t’ve metcha, Mr. Raymond, and thanks for the drink, it was mighty settlin‘. ”
We raced back to the courthouse, up the steps, up two flights of stairs, and edged our way along the balcony rail. Reverend Sykes had saved our seats.
The courtroom was still, and again I wondered where the babies were. Judge Taylor’s cigar was a brown speck in the center of his mouth; Mr. Gilmer was
writing on one of the yellow pads on his table, trying to outdo the court reporter, whose hand was jerking rapidly. “Shoot,” I muttered, “we missed it. ”
Atticus was halfway through his speech to the jury. He had evidently pulled some papers from his briefcase that rested beside his chair, because they were on his table. Tom Robinson was toying with them.
“. . . absence of any corroborative evidence, this man was indicted on a capital charge and is now on trial for his life. . . ”
I punched Jem. “How long’s he been at it? ”
“He’s just gone over the evidence,” Jem whispered, “and we’re gonna win, Scout. I don’t see how we can’t. He’s been at it ‘bout five minutes. He made it as plain and easy as—well, as I’da explained it to you. You could’ve understood it, even. ”
“Did Mr. Gilmer—? ”
“Sh-h. Nothing new, just the usual. Hush now. ”
We looked down again. Atticus was speaking easily, with the kind of detachment he used when he dictated a letter. He walked slowly up and down in front of the jury, and the jury seemed to be attentive: their heads were up, and they followed Atticus’s route with what seemed to be appreciation. I guess it was because Atticus wasn’t a thunderer.
Atticus paused, then he did something he didn’t ordinarily do. He unhitched his watch and chain and placed them on the table, saying, “With the court’s permission—”
Judge Taylor nodded, and then Atticus did something I never saw him do before or since, in public or in private: he unbuttoned his vest, unbuttoned his collar, loosened his tie, and took off his coat. He never loosened a scrap of his clothing until he undressed at bedtime, and to Jem and me, this was the equivalent of him standing before us stark naked. We exchanged horrified glances.
Atticus put his hands in his pockets, and as he returned to the jury, I saw his gold collar button and the tips of his pen and pencil winking in the light.
“Gentlemen,” he said. Jem and I again looked at each other: Atticus might have said, “Scout. ” His voice had lost its aridity, its detachment, and he was talking to the jury as if they were folks on the post office corner.
“Gentlemen,” he was saying, “I shall be brief, but I would like to use my remaining time with you to remind you that this case is not a difficult one, it requires no minute sifting of complicated facts, but it does require you to be sure beyond all reasonable doubt as to the guilt of the defendant. To begin with, this case should never have come to trial. This case is as simple as black and white.
“The state has not produced one iota of medical evidence to the effect that the crime Tom Robinson is charged with ever took place. It has relied instead upon the testimony of two witnesses whose evidence has not only been called into serious question on cross-examination, but has been flatly contradicted by the defendant. The defendant is not guilty, but somebody in this courtroom is.
“I have nothing but pity in my heart for the chief witness for the state, but my pity does not extend so far as to her putting a man’s life at stake, which she has done in an effort to get rid of her own guilt.
“I say guilt, gentlemen, because it was guilt that motivated her. She has committed no crime, she has merely broken a rigid and time-honored code of our society, a code so severe that whoever breaks it is hounded from our midst as unfit to live with. She is the victim of cruel poverty and ignorance, but I cannot pity her: she is white. She knew full well the enormity of her offense, but because her desires were stronger than the code she was breaking, she persisted in breaking it. She persisted, and her subsequent reaction is something that all of us have known at one time or another. She did something every child has done—she tried to put the evidence of her offense away from her. But in this case she was no child hiding stolen contraband: she struck out at her victim—of necessity she must put him away from her—he must be removed from her presence, from this world. She must destroy the evidence of her offense.
“What was the evidence of her offense? Tom Robinson, a human being. She must put Tom Robinson away from her. Tom Robinson was her daily reminder of what she did. What did she do? She tempted a Negro.
“She was white, and she tempted a Negro. She did something that in our society is unspeakable: she kissed a black man. Not an old Uncle, but a strong young Negro man. No code mattered to her before she broke it, but it came crashing down on her afterwards.
“Her father saw it, and the defendant has testified as to his remarks. What did her father do? We don’t know, but there is circumstantial evidence to indicate that Mayella Ewell was beaten savagely by someone who led almost exclusively with his left. We do know in part what Mr. Ewell did: he did what any God-fearing, persevering, respectable white man would do under the circumstances—he swore out a warrant, no doubt signing it with his left hand, and Tom Robinson now sits before you, having taken the oath with the only good hand he possesses—his right hand.
“And so a quiet, respectable, humble Negro who had the unmitigated temerity to ‘feel sorry’ for a white woman has had to put his word against two white people’s. I need not remind you of their appearance and conduct on the stand— you saw them for yourselves. The witnesses for the state, with the exception of the sheriff of Maycomb County, have presented themselves to you gentlemen, to this court, in the cynical confidence that their testimony would not be doubted, confident that you gentlemen would go along with them on the assumption—the evil assumption—that all Negroes lie, that all Negroes are basically immoral beings, that all Negro men are not to be trusted around our women, an assumption one associates with minds of their caliber.
“Which, gentlemen, we know is in itself a lie as black as Tom Robinson’s skin, a lie I do not have to point out to you. You know the truth, and the truth is this: some Negroes lie, some Negroes are immoral, some Negro men are not to be trusted around women—black or white. But this is a truth that applies to the human race and to no particular race of men. There is not a person in this courtroom who has never told a lie, who has never done an immoral thing, and there is no man living who has never looked upon a woman without desire. ”
Atticus paused and took out his handkerchief. Then he took off his glasses and wiped them, and we saw another “first”: we had never seen him sweat—he was one of those men whose faces never perspired, but now it was shining tan.
“One more thing, gentlemen, before I quit. Thomas Jefferson once said that all men are created equal, a phrase that the Yankees and the distaff side of the Executive branch in Washington are fond of hurling at us. There is a tendency in this year of grace, 1935, for certain people to use this phrase out of context, to
satisfy all conditions. The most ridiculous example I can think of is that the people who run public education promote the stupid and idle along with the industrious—because all men are created equal, educators will gravely tell you, the children left behind suffer terrible feelings of inferiority. We know all men are not created equal in the sense some people would have us believe—some people are smarter than others, some people have more opportunity because they’re born with it, some men make more money than others, some ladies make better cakes than others—some people are born gifted beyond the normal scope of most men.
“But there is one way in this country in which all men are created equal—there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court. It can be the Supreme Court of the United States or the humblest J. P. court in the land, or this honorable court which you serve. Our courts have their faults, as does any human institution, but in this country our courts are the great levelers, and in our courts all men are created equal.
“I’m no idealist to believe firmly in the integrity of our courts and in the jury system—that is no ideal to me, it is a living, working reality. Gentlemen, a court is no better than each man of you sitting before me on this jury. A court is only as sound as its jury, and a jury is only as sound as the men who make it up. I am confident that you gentlemen will review without passion the evidence you have heard, come to a decision, and restore this defendant to his family. In the name of God, do your duty. ”
Atticus’s voice had dropped, and as he turned away from the jury he said something I did not catch. He said it more to himself than to the court. I punched Jem. “What’d he say? ”
“‘In the name of God, believe him,’ I think that’s what he said. ” Dill suddenly reached over me and tugged at Jem. “Looka yonder! ”
We followed his finger with sinking hearts. Calpurnia was making her way up the middle aisle, walking straight toward Atticus.
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Chapter 21
She stopped shyly at the railing and waited to get Judge Taylor’s attention. She was in a fresh apron and she carried an envelope in her hand.
Judge Taylor saw her and said, “It’s Calpurnia, isn’t it? ”
“Yes sir,” she said. “Could I just pass this note to Mr. Finch, please sir? It hasn’t got anything to do with—with the trial. ”
Judge Taylor nodded and Atticus took the envelope from Calpurnia. He opened it, read its contents and said, “Judge, I—this note is from my sister. She says my children are missing, haven’t turned up since noon. . . I. . . could you—”
“I know where they are, Atticus. ” Mr. Underwood spoke up. “They’re right up yonder in the colored balcony—been there since precisely one-eighteen P. M. ”
Our father turned around and looked up. “Jem, come down from there,” he called. Then he said something to the Judge we didn’t hear. We climbed across Reverend Sykes and made our way to the staircase.
Atticus and Calpurnia met us downstairs. Calpurnia looked peeved, but Atticus looked exhausted.
Jem was jumping in excitement. “We’ve won, haven’t we? ”
“I’ve no idea,” said Atticus shortly. “You’ve been here all afternoon? Go home with Calpurnia and get your supper—and stay home. ”
“Aw, Atticus, let us come back,” pleaded Jem. “Please let us hear the verdict, please sir. ”
“The jury might be out and back in a minute, we don’t know—” but we could tell Atticus was relenting. “Well, you’ve heard it all, so you might as well hear the rest. Tell you what, you all can come back when you’ve eaten your supper—eat slowly, now, you won’t miss anything important—and if the jury’s still out, you can wait with us. But I expect it’ll be over before you get back. ”
“You think they’ll acquit him that fast? ” asked Jem. Atticus opened his mouth to answer, but shut it and left us.
I prayed that Reverend Sykes would save our seats for us, but stopped praying when I remembered that people got up and left in droves when the jury was out— tonight, they’d overrun the drugstore, the O. K. Café and the hotel, that is, unless they had brought their suppers too.
Calpurnia marched us home: “—skin every one of you alive, the very idea, you children listenin‘ to all that! Mister Jem, don’t you know better’n to take your little sister to that trial? Miss Alexandra’ll absolutely have a stroke of paralysis when she finds out! Ain’t fittin’ for children to hear. . . ”
The streetlights were on, and we glimpsed Calpurnia’s indignant profile as we passed beneath them. “Mister Jem, I thought you was gettin‘ some kinda head on your shoulders—the very idea, she’s your little sister! The very idea, sir! You oughta be perfectly ashamed of yourself—ain’t you got any sense at all? ”
I was exhilarated. So many things had happened so fast I felt it would take years to sort them out, and now here was Calpurnia giving her precious Jem down the country—what new marvels would the evening bring?
Jem was chuckling. “Don’t you want to hear about it, Cal? ”
“Hush your mouth, sir! When you oughta be hangin‘ your head in shame you go along laughin’—” Calpurnia revived a series of rusty threats that moved Jem to little remorse, and she sailed up the front steps with her classic, “If Mr. Finch don’t wear you out, I will—get in that house, sir! ”
Jem went in grinning, and Calpurnia nodded tacit consent to having Dill in to supper. “You all call Miss Rachel right now and tell her where you are,” she told him. “She’s run distracted lookin‘ for you—you watch out she don’t ship you back to Meridian first thing in the mornin’. ”
Aunt Alexandra met us and nearly fainted when Calpurnia told her where we were. I guess it hurt her when we told her Atticus said we could go back, because she didn’t say a word during supper. She just rearranged food on her plate, looking at it sadly while Calpurnia served Jem, Dill and me with a vengeance. Calpurnia poured milk, dished out potato salad and ham, muttering, “‘shamed of
yourselves,” in varying degrees of intensity. “Now you all eat slow,” was her final command.
Reverend Sykes had saved our places. We were surprised to find that we had been gone nearly an hour, and were equally surprised to find the courtroom exactly as we had left it, with minor changes: the jury box was empty, the defendant was gone; Judge Taylor had been gone, but he reappeared as we were seating ourselves.
“Nobody’s moved, hardly,” said Jem.
“They moved around some when the jury went out,” said Reverend Sykes. “The menfolk down there got the womenfolk their suppers, and they fed their babies. ”
“How long have they been out? ” asked Jem.
“‘bout thirty minutes. Mr. Finch and Mr. Gilmer did some more talkin’, and Judge Taylor charged the jury. ”
“How was he? ” asked Jem.
“What say? Oh, he did right well. I ain’t complainin‘ one bit—he was mighty fair- minded. He sorta said if you believe this, then you’ll have to return one verdict, but if you believe this, you’ll have to return another one. I thought he was leanin’ a little to our side—” Reverend Sykes scratched his head.
Jem smiled. “He’s not supposed to lean, Reverend, but don’t fret, we’ve won it,” he said wisely. “Don’t see how any jury could convict on what we heard—”
“Now don’t you be so confident, Mr. Jem, I ain’t ever seen any jury decide in favor of a colored man over a white man. . . ” But Jem took exception to Reverend Sykes, and we were subjected to a lengthy review of the evidence with Jem’s ideas on the law regarding rape: it wasn’t rape if she let you, but she had to be eighteen—in Alabama, that is—and Mayella was nineteen. Apparently you had to kick and holler, you had to be overpowered and stomped on, preferably knocked stone cold. If you were under eighteen, you didn’t have to go through all this.
“Mr. Jem,” Reverend Sykes demurred, “this ain’t a polite thing for little ladies to hear. . . ”
“Aw, she doesn’t know what we’re talkin‘ about,” said Jem. “Scout, this is too old for you, ain’t it? ”
“It most certainly is not, I know every word you’re saying. ” Perhaps I was too convincing, because Jem hushed and never discussed the subject again.
“What time is it, Reverend? ” he asked. “Gettin‘ on toward eight. ”
I looked down and saw Atticus strolling around with his hands in his pockets: he made a tour of the windows, then walked by the railing over to the jury box. He looked in it, inspected Judge Taylor on his throne, then went back to where he started. I caught his eye and waved to him. He acknowledged my salute with a nod, and resumed his tour.
Mr. Gilmer was standing at the windows talking to Mr. Underwood. Bert, the court reporter, was chain-smoking: he sat back with his feet on the table.
But the officers of the court, the ones present—Atticus, Mr. Gilmer, Judge Taylor sound asleep, and Bert, were the only ones whose behavior seemed normal. I had never seen a packed courtroom so still. Sometimes a baby would cry out fretfully, and a child would scurry out, but the grown people sat as if they were in church. In the balcony, the Negroes sat and stood around us with biblical patience.
The old courthouse clock suffered its preliminary strain and struck the hour, eight deafening bongs that shook our bones.
When it bonged eleven times I was past feeling: tired from fighting sleep, I allowed myself a short nap against Reverend Sykes’s comfortable arm and shoulder. I jerked awake and made an honest effort to remain so, by looking down and concentrating on the heads below: there were sixteen bald ones, fourteen men that could pass for redheads, forty heads varying between brown and black, and— I remembered something Jem had once explained to me when he went through a brief period of psychical research: he said if enough people—a stadium full, maybe—were to concentrate on one thing, such as setting a tree afire in the woods, that the tree would ignite of its own accord. I toyed with the idea of asking everyone below to concentrate on setting Tom Robinson free, but thought if they were as tired as I, it wouldn’t work.
Dill was sound asleep, his head on Jem’s shoulder, and Jem was quiet. “Ain’t it a long time? ” I asked him.
“Sure is, Scout,” he said happily.
“Well, from the way you put it, it’d just take five minutes. ”
Jem raised his eyebrows. “There are things you don’t understand,” he said, and I was too weary to argue.
But I must have been reasonably awake, or I would not have received the impression that was creeping into me. It was not unlike one I had last winter, and I shivered, though the night was hot. The feeling grew until the atmosphere in the courtroom was exactly the same as a cold February morning, when the mockingbirds were still, and the carpenters had stopped hammering on Miss Maudie’s new house, and every wood door in the neighborhood was shut as tight as the doors of the Radley Place. A deserted, waiting, empty street, and the courtroom was packed with people. A steaming summer night was no different from a winter morning. Mr. Heck Tate, who had entered the courtroom and was talking to Atticus, might have been wearing his high boots and lumber jacket. Atticus had stopped his tranquil journey and had put his foot onto the bottom rung of a chair; as he listened to what Mr. Tate was saying, he ran his hand slowly up and down his thigh. I expected Mr. Tate to say any minute, “Take him, Mr. Finch. . . ”
But Mr. Tate said, “This court will come to order,” in a voice that rang with authority, and the heads below us jerked up. Mr. Tate left the room and returned with Tom Robinson. He steered Tom to his place beside Atticus, and stood there. Judge Taylor had roused himself to sudden alertness and was sitting up straight, looking at the empty jury box.
What happened after that had a dreamlike quality: in a dream I saw the jury return, moving like underwater swimmers, and Judge Taylor’s voice came from far away and was tiny. I saw something only a lawyer’s child could be expected to see, could be expected to watch for, and it was like watching Atticus walk into the street, raise a rifle to his shoulder and pull the trigger, but watching all the time knowing that the gun was empty.
“Now you went by the house as usual, last November twenty-first,” he said, “and she asked you to come in and bust up a chiffarobe? ”
“No suh. ”
“Do you deny that you went by the house? ”
“No suh—she said she had somethin‘ for me to do inside the house—”
“She says she asked you to bust up a chiffarobe, is that right? ”
“No suh, it ain’t. ”
“Then you say she’s lying, boy? ”
Atticus was on his feet, but Tom Robinson didn’t need him. “I don’t say she’s lyin‘, Mr. Gilmer, I say she’s mistaken in her mind. ”
To the next ten questions, as Mr. Gilmer reviewed Mayella’s version of events, the witness’s steady answer was that she was mistaken in her mind.
“Didn’t Mr. Ewell run you off the place, boy? ”
“No suh, I don’t think he did. ”
“Don’t think, what do you mean? ”
“I mean I didn’t stay long enough for him to run me off. ” “You’re very candid about this, why did you run so fast? ” “I says I was scared, suh. ”
“If you had a clear conscience, why were you scared? ”
“Like I says before, it weren’t safe for any nigger to be in a—fix like that. ”
“But you weren’t in a fix—you testified that you were resisting Miss Ewell. Were you so scared that she’d hurt you, you ran, a big buck like you? ”
“No suh, I’s scared I’d be in court, just like I am now. ”
“Scared of arrest, scared you’d have to face up to what you did? ” “No suh, scared I’d hafta face up to what I didn’t do. ”
“Are you being impudent to me, boy? ”
“No suh, I didn’t go to be. ”
This was as much as I heard of Mr. Gilmer’s cross-examination, because Jem made me take Dill out. For some reason Dill had started crying and couldn’t stop; quietly at first, then his sobs were heard by several people in the balcony. Jem said if I didn’t go with him he’d make me, and Reverend Sykes said I’d better go, so I went. Dill had seemed to be all right that day, nothing wrong with him, but I guessed he hadn’t fully recovered from running away.
“Ain’t you feeling good? ” I asked, when we reached the bottom of the stairs.
Dill tried to pull himself together as we ran down the south steps. Mr. Link Deas was a lonely figure on the top step. “Anything happenin‘, Scout? ” he asked as we went by. “No sir,” I answered over my shoulder. “Dill here, he’s sick. ”
“Come on out under the trees,” I said. “Heat got you, I expect. ” We chose the fattest live oak and we sat under it.
“It was just him I couldn’t stand,” Dill said.
“Who, Tom? ”
“That old Mr. Gilmer doin‘ him thataway, talking so hateful to him—”
“Dill, that’s his job. Why, if we didn’t have prosecutors—well, we couldn’t have defense attorneys, I reckon. ”
Dill exhaled patiently. “I know all that, Scout. It was the way he said it made me sick, plain sick. ”
“He’s supposed to act that way, Dill, he was cross—”
“He didn’t act that way when—” “Dill, those were his own witnesses. ”
“Well, Mr. Finch didn’t act that way to Mayella and old man Ewell when he cross- examined them. The way that man called him ‘boy’ all the time an‘ sneered at him, an’ looked around at the jury every time he answered—”
“Well, Dill, after all he’s just a Negro. ”
“I don’t care one speck. It ain’t right, somehow it ain’t right to do ‘em that way. Hasn’t anybody got any business talkin’ like that—it just makes me sick. ”
“That’s just Mr. Gilmer’s way, Dill, he does ‘em all that way. You’ve never seen him get good’n down on one yet. Why, when—well, today Mr. Gilmer seemed to me like he wasn’t half trying. They do ’em all that way, most lawyers, I mean. ”
“Mr. Finch doesn’t. ”
“He’s not an example, Dill, he’s—” I was trying to grope in my memory for a sharp phrase of Miss Maudie Atkinson’s. I had it: “He’s the same in the courtroom as he is on the public streets. ”
“That’s not what I mean,” said Dill.
“I know what you mean, boy,” said a voice behind us. We thought it came from the tree-trunk, but it belonged to Mr. Dolphus Raymond. He peered around the trunk at us. “You aren’t thin-hided, it just makes you sick, doesn’t it? ”
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Chapter 20
“Come on round here, son, I got something that’ll settle your stomach. ”
As Mr. Dolphus Raymond was an evil man I accepted his invitation reluctantly, but I followed Dill. Somehow, I didn’t think Atticus would like it if we became friendly with Mr. Raymond, and I knew Aunt Alexandra wouldn’t.
“Here,” he said, offering Dill his paper sack with straws in it. “Take a good sip,
it’ll quieten you. ”
Dill sucked on the straws, smiled, and pulled at length.
“Hee hee,” said Mr. Raymond, evidently taking delight in corrupting a child.
“Dill, you watch out, now,” I warned.
Dill released the straws and grinned. “Scout, it’s nothing but Coca-Cola. ”
Mr. Raymond sat up against the tree-trunk. He had been lying on the grass. “You little folks won’t tell on me now, will you? It’d ruin my reputation if you did. ”
“You mean all you drink in that sack’s Coca-Cola? Just plain Coca-Cola? ”
“Yes ma’am,” Mr. Raymond nodded. I liked his smell: it was of leather, horses, cottonseed. He wore the only English riding boots I had ever seen. “That’s all I drink, most of the time. ”
“Then you just pretend you’re half—? I beg your pardon, sir,” I caught myself. “I didn’t mean to be—”
Mr. Raymond chuckled, not at all offended, and I tried to frame a discreet question: “Why do you do like you do? ”
“Wh—oh yes, you mean why do I pretend? Well, it’s very simple,” he said. “Some folks don’t—like the way I live. Now I could say the hell with ‘em, I don’t care if they don’t like it. I do say I don’t care if they don’t like it, right enough— but I don’t say the hell with ’em, see? ”
Dill and I said, “No sir. ”
“I try to give ‘em a reason, you see. It helps folks if they can latch onto a reason. When I come to town, which is seldom, if I weave a little and drink out of this sack, folks can say Dolphus Raymond’s in the clutches of whiskey—that’s why he won’t change his ways. He can’t help himself, that’s why he lives the way he does. ”
“That ain’t honest, Mr. Raymond, making yourself out badder’n you are already —”
“It ain’t honest but it’s mighty helpful to folks. Secretly, Miss Finch, I’m not much of a drinker, but you see they could never, never understand that I live like I do because that’s the way I want to live. ”
I had a feeling that I shouldn’t be here listening to this sinful man who had mixed children and didn’t care who knew it, but he was fascinating. I had never encountered a being who deliberately perpetrated fraud against himself. But why had he entrusted us with his deepest secret? I asked him why.
“Because you’re children and you can understand it,” he said, “and because I heard that one—”
He jerked his head at Dill: “Things haven’t caught up with that one’s instinct yet. Let him get a little older and he won’t get sick and cry. Maybe things’ll strike him as being—not quite right, say, but he won’t cry, not when he gets a few years on him. ”
“Cry about what, Mr. Raymond? ” Dill’s maleness was beginning to assert itself.
“Cry about the simple hell people give other people—without even thinking. Cry about the hell white people give colored folks, without even stopping to think that they’re people, too. ”
“Atticus says cheatin‘ a colored man is ten times worse than cheatin’ a white man,” I muttered. “Says it’s the worst thing you can do. ”
Mr. Raymond said, “I don’t reckon it’s—Miss Jean Louise, you don’t know your pa’s not a run-of-the-mill man, it’ll take a few years for that to sink in—you haven’t seen enough of the world yet. You haven’t even seen this town, but all you gotta do is step back inside the courthouse. ”
Which reminded me that we were missing nearly all of Mr. Gilmer’s cross- examination. I looked at the sun, and it was dropping fast behind the store-tops on the west side of the square. Between two fires, I could not decide which I wanted to jump into: Mr. Raymond or the 5th Judicial Circuit Court. “C’mon, Dill,” I said. “You all right, now? ”
“Yeah. Glad t’ve metcha, Mr. Raymond, and thanks for the drink, it was mighty settlin‘. ”
We raced back to the courthouse, up the steps, up two flights of stairs, and edged our way along the balcony rail. Reverend Sykes had saved our seats.
The courtroom was still, and again I wondered where the babies were. Judge Taylor’s cigar was a brown speck in the center of his mouth; Mr. Gilmer was
writing on one of the yellow pads on his table, trying to outdo the court reporter, whose hand was jerking rapidly. “Shoot,” I muttered, “we missed it. ”
Atticus was halfway through his speech to the jury. He had evidently pulled some papers from his briefcase that rested beside his chair, because they were on his table. Tom Robinson was toying with them.
“. . . absence of any corroborative evidence, this man was indicted on a capital charge and is now on trial for his life. . . ”
I punched Jem. “How long’s he been at it? ”
“He’s just gone over the evidence,” Jem whispered, “and we’re gonna win, Scout. I don’t see how we can’t. He’s been at it ‘bout five minutes. He made it as plain and easy as—well, as I’da explained it to you. You could’ve understood it, even. ”
“Did Mr. Gilmer—? ”
“Sh-h. Nothing new, just the usual. Hush now. ”
We looked down again. Atticus was speaking easily, with the kind of detachment he used when he dictated a letter. He walked slowly up and down in front of the jury, and the jury seemed to be attentive: their heads were up, and they followed Atticus’s route with what seemed to be appreciation. I guess it was because Atticus wasn’t a thunderer.
Atticus paused, then he did something he didn’t ordinarily do. He unhitched his watch and chain and placed them on the table, saying, “With the court’s permission—”
Judge Taylor nodded, and then Atticus did something I never saw him do before or since, in public or in private: he unbuttoned his vest, unbuttoned his collar, loosened his tie, and took off his coat. He never loosened a scrap of his clothing until he undressed at bedtime, and to Jem and me, this was the equivalent of him standing before us stark naked. We exchanged horrified glances.
Atticus put his hands in his pockets, and as he returned to the jury, I saw his gold collar button and the tips of his pen and pencil winking in the light.
“Gentlemen,” he said. Jem and I again looked at each other: Atticus might have said, “Scout. ” His voice had lost its aridity, its detachment, and he was talking to the jury as if they were folks on the post office corner.
“Gentlemen,” he was saying, “I shall be brief, but I would like to use my remaining time with you to remind you that this case is not a difficult one, it requires no minute sifting of complicated facts, but it does require you to be sure beyond all reasonable doubt as to the guilt of the defendant. To begin with, this case should never have come to trial. This case is as simple as black and white.
“The state has not produced one iota of medical evidence to the effect that the crime Tom Robinson is charged with ever took place. It has relied instead upon the testimony of two witnesses whose evidence has not only been called into serious question on cross-examination, but has been flatly contradicted by the defendant. The defendant is not guilty, but somebody in this courtroom is.
“I have nothing but pity in my heart for the chief witness for the state, but my pity does not extend so far as to her putting a man’s life at stake, which she has done in an effort to get rid of her own guilt.
“I say guilt, gentlemen, because it was guilt that motivated her. She has committed no crime, she has merely broken a rigid and time-honored code of our society, a code so severe that whoever breaks it is hounded from our midst as unfit to live with. She is the victim of cruel poverty and ignorance, but I cannot pity her: she is white. She knew full well the enormity of her offense, but because her desires were stronger than the code she was breaking, she persisted in breaking it. She persisted, and her subsequent reaction is something that all of us have known at one time or another. She did something every child has done—she tried to put the evidence of her offense away from her. But in this case she was no child hiding stolen contraband: she struck out at her victim—of necessity she must put him away from her—he must be removed from her presence, from this world. She must destroy the evidence of her offense.
“What was the evidence of her offense? Tom Robinson, a human being. She must put Tom Robinson away from her. Tom Robinson was her daily reminder of what she did. What did she do? She tempted a Negro.
“She was white, and she tempted a Negro. She did something that in our society is unspeakable: she kissed a black man. Not an old Uncle, but a strong young Negro man. No code mattered to her before she broke it, but it came crashing down on her afterwards.
“Her father saw it, and the defendant has testified as to his remarks. What did her father do? We don’t know, but there is circumstantial evidence to indicate that Mayella Ewell was beaten savagely by someone who led almost exclusively with his left. We do know in part what Mr. Ewell did: he did what any God-fearing, persevering, respectable white man would do under the circumstances—he swore out a warrant, no doubt signing it with his left hand, and Tom Robinson now sits before you, having taken the oath with the only good hand he possesses—his right hand.
“And so a quiet, respectable, humble Negro who had the unmitigated temerity to ‘feel sorry’ for a white woman has had to put his word against two white people’s. I need not remind you of their appearance and conduct on the stand— you saw them for yourselves. The witnesses for the state, with the exception of the sheriff of Maycomb County, have presented themselves to you gentlemen, to this court, in the cynical confidence that their testimony would not be doubted, confident that you gentlemen would go along with them on the assumption—the evil assumption—that all Negroes lie, that all Negroes are basically immoral beings, that all Negro men are not to be trusted around our women, an assumption one associates with minds of their caliber.
“Which, gentlemen, we know is in itself a lie as black as Tom Robinson’s skin, a lie I do not have to point out to you. You know the truth, and the truth is this: some Negroes lie, some Negroes are immoral, some Negro men are not to be trusted around women—black or white. But this is a truth that applies to the human race and to no particular race of men. There is not a person in this courtroom who has never told a lie, who has never done an immoral thing, and there is no man living who has never looked upon a woman without desire. ”
Atticus paused and took out his handkerchief. Then he took off his glasses and wiped them, and we saw another “first”: we had never seen him sweat—he was one of those men whose faces never perspired, but now it was shining tan.
“One more thing, gentlemen, before I quit. Thomas Jefferson once said that all men are created equal, a phrase that the Yankees and the distaff side of the Executive branch in Washington are fond of hurling at us. There is a tendency in this year of grace, 1935, for certain people to use this phrase out of context, to
satisfy all conditions. The most ridiculous example I can think of is that the people who run public education promote the stupid and idle along with the industrious—because all men are created equal, educators will gravely tell you, the children left behind suffer terrible feelings of inferiority. We know all men are not created equal in the sense some people would have us believe—some people are smarter than others, some people have more opportunity because they’re born with it, some men make more money than others, some ladies make better cakes than others—some people are born gifted beyond the normal scope of most men.
“But there is one way in this country in which all men are created equal—there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court. It can be the Supreme Court of the United States or the humblest J. P. court in the land, or this honorable court which you serve. Our courts have their faults, as does any human institution, but in this country our courts are the great levelers, and in our courts all men are created equal.
“I’m no idealist to believe firmly in the integrity of our courts and in the jury system—that is no ideal to me, it is a living, working reality. Gentlemen, a court is no better than each man of you sitting before me on this jury. A court is only as sound as its jury, and a jury is only as sound as the men who make it up. I am confident that you gentlemen will review without passion the evidence you have heard, come to a decision, and restore this defendant to his family. In the name of God, do your duty. ”
Atticus’s voice had dropped, and as he turned away from the jury he said something I did not catch. He said it more to himself than to the court. I punched Jem. “What’d he say? ”
“‘In the name of God, believe him,’ I think that’s what he said. ” Dill suddenly reached over me and tugged at Jem. “Looka yonder! ”
We followed his finger with sinking hearts. Calpurnia was making her way up the middle aisle, walking straight toward Atticus.
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Chapter 21
She stopped shyly at the railing and waited to get Judge Taylor’s attention. She was in a fresh apron and she carried an envelope in her hand.
Judge Taylor saw her and said, “It’s Calpurnia, isn’t it? ”
“Yes sir,” she said. “Could I just pass this note to Mr. Finch, please sir? It hasn’t got anything to do with—with the trial. ”
Judge Taylor nodded and Atticus took the envelope from Calpurnia. He opened it, read its contents and said, “Judge, I—this note is from my sister. She says my children are missing, haven’t turned up since noon. . . I. . . could you—”
“I know where they are, Atticus. ” Mr. Underwood spoke up. “They’re right up yonder in the colored balcony—been there since precisely one-eighteen P. M. ”
Our father turned around and looked up. “Jem, come down from there,” he called. Then he said something to the Judge we didn’t hear. We climbed across Reverend Sykes and made our way to the staircase.
Atticus and Calpurnia met us downstairs. Calpurnia looked peeved, but Atticus looked exhausted.
Jem was jumping in excitement. “We’ve won, haven’t we? ”
“I’ve no idea,” said Atticus shortly. “You’ve been here all afternoon? Go home with Calpurnia and get your supper—and stay home. ”
“Aw, Atticus, let us come back,” pleaded Jem. “Please let us hear the verdict, please sir. ”
“The jury might be out and back in a minute, we don’t know—” but we could tell Atticus was relenting. “Well, you’ve heard it all, so you might as well hear the rest. Tell you what, you all can come back when you’ve eaten your supper—eat slowly, now, you won’t miss anything important—and if the jury’s still out, you can wait with us. But I expect it’ll be over before you get back. ”
“You think they’ll acquit him that fast? ” asked Jem. Atticus opened his mouth to answer, but shut it and left us.
I prayed that Reverend Sykes would save our seats for us, but stopped praying when I remembered that people got up and left in droves when the jury was out— tonight, they’d overrun the drugstore, the O. K. Café and the hotel, that is, unless they had brought their suppers too.
Calpurnia marched us home: “—skin every one of you alive, the very idea, you children listenin‘ to all that! Mister Jem, don’t you know better’n to take your little sister to that trial? Miss Alexandra’ll absolutely have a stroke of paralysis when she finds out! Ain’t fittin’ for children to hear. . . ”
The streetlights were on, and we glimpsed Calpurnia’s indignant profile as we passed beneath them. “Mister Jem, I thought you was gettin‘ some kinda head on your shoulders—the very idea, she’s your little sister! The very idea, sir! You oughta be perfectly ashamed of yourself—ain’t you got any sense at all? ”
I was exhilarated. So many things had happened so fast I felt it would take years to sort them out, and now here was Calpurnia giving her precious Jem down the country—what new marvels would the evening bring?
Jem was chuckling. “Don’t you want to hear about it, Cal? ”
“Hush your mouth, sir! When you oughta be hangin‘ your head in shame you go along laughin’—” Calpurnia revived a series of rusty threats that moved Jem to little remorse, and she sailed up the front steps with her classic, “If Mr. Finch don’t wear you out, I will—get in that house, sir! ”
Jem went in grinning, and Calpurnia nodded tacit consent to having Dill in to supper. “You all call Miss Rachel right now and tell her where you are,” she told him. “She’s run distracted lookin‘ for you—you watch out she don’t ship you back to Meridian first thing in the mornin’. ”
Aunt Alexandra met us and nearly fainted when Calpurnia told her where we were. I guess it hurt her when we told her Atticus said we could go back, because she didn’t say a word during supper. She just rearranged food on her plate, looking at it sadly while Calpurnia served Jem, Dill and me with a vengeance. Calpurnia poured milk, dished out potato salad and ham, muttering, “‘shamed of
yourselves,” in varying degrees of intensity. “Now you all eat slow,” was her final command.
Reverend Sykes had saved our places. We were surprised to find that we had been gone nearly an hour, and were equally surprised to find the courtroom exactly as we had left it, with minor changes: the jury box was empty, the defendant was gone; Judge Taylor had been gone, but he reappeared as we were seating ourselves.
“Nobody’s moved, hardly,” said Jem.
“They moved around some when the jury went out,” said Reverend Sykes. “The menfolk down there got the womenfolk their suppers, and they fed their babies. ”
“How long have they been out? ” asked Jem.
“‘bout thirty minutes. Mr. Finch and Mr. Gilmer did some more talkin’, and Judge Taylor charged the jury. ”
“How was he? ” asked Jem.
“What say? Oh, he did right well. I ain’t complainin‘ one bit—he was mighty fair- minded. He sorta said if you believe this, then you’ll have to return one verdict, but if you believe this, you’ll have to return another one. I thought he was leanin’ a little to our side—” Reverend Sykes scratched his head.
Jem smiled. “He’s not supposed to lean, Reverend, but don’t fret, we’ve won it,” he said wisely. “Don’t see how any jury could convict on what we heard—”
“Now don’t you be so confident, Mr. Jem, I ain’t ever seen any jury decide in favor of a colored man over a white man. . . ” But Jem took exception to Reverend Sykes, and we were subjected to a lengthy review of the evidence with Jem’s ideas on the law regarding rape: it wasn’t rape if she let you, but she had to be eighteen—in Alabama, that is—and Mayella was nineteen. Apparently you had to kick and holler, you had to be overpowered and stomped on, preferably knocked stone cold. If you were under eighteen, you didn’t have to go through all this.
“Mr. Jem,” Reverend Sykes demurred, “this ain’t a polite thing for little ladies to hear. . . ”
“Aw, she doesn’t know what we’re talkin‘ about,” said Jem. “Scout, this is too old for you, ain’t it? ”
“It most certainly is not, I know every word you’re saying. ” Perhaps I was too convincing, because Jem hushed and never discussed the subject again.
“What time is it, Reverend? ” he asked. “Gettin‘ on toward eight. ”
I looked down and saw Atticus strolling around with his hands in his pockets: he made a tour of the windows, then walked by the railing over to the jury box. He looked in it, inspected Judge Taylor on his throne, then went back to where he started. I caught his eye and waved to him. He acknowledged my salute with a nod, and resumed his tour.
Mr. Gilmer was standing at the windows talking to Mr. Underwood. Bert, the court reporter, was chain-smoking: he sat back with his feet on the table.
But the officers of the court, the ones present—Atticus, Mr. Gilmer, Judge Taylor sound asleep, and Bert, were the only ones whose behavior seemed normal. I had never seen a packed courtroom so still. Sometimes a baby would cry out fretfully, and a child would scurry out, but the grown people sat as if they were in church. In the balcony, the Negroes sat and stood around us with biblical patience.
The old courthouse clock suffered its preliminary strain and struck the hour, eight deafening bongs that shook our bones.
When it bonged eleven times I was past feeling: tired from fighting sleep, I allowed myself a short nap against Reverend Sykes’s comfortable arm and shoulder. I jerked awake and made an honest effort to remain so, by looking down and concentrating on the heads below: there were sixteen bald ones, fourteen men that could pass for redheads, forty heads varying between brown and black, and— I remembered something Jem had once explained to me when he went through a brief period of psychical research: he said if enough people—a stadium full, maybe—were to concentrate on one thing, such as setting a tree afire in the woods, that the tree would ignite of its own accord. I toyed with the idea of asking everyone below to concentrate on setting Tom Robinson free, but thought if they were as tired as I, it wouldn’t work.
Dill was sound asleep, his head on Jem’s shoulder, and Jem was quiet. “Ain’t it a long time? ” I asked him.
“Sure is, Scout,” he said happily.
“Well, from the way you put it, it’d just take five minutes. ”
Jem raised his eyebrows. “There are things you don’t understand,” he said, and I was too weary to argue.
But I must have been reasonably awake, or I would not have received the impression that was creeping into me. It was not unlike one I had last winter, and I shivered, though the night was hot. The feeling grew until the atmosphere in the courtroom was exactly the same as a cold February morning, when the mockingbirds were still, and the carpenters had stopped hammering on Miss Maudie’s new house, and every wood door in the neighborhood was shut as tight as the doors of the Radley Place. A deserted, waiting, empty street, and the courtroom was packed with people. A steaming summer night was no different from a winter morning. Mr. Heck Tate, who had entered the courtroom and was talking to Atticus, might have been wearing his high boots and lumber jacket. Atticus had stopped his tranquil journey and had put his foot onto the bottom rung of a chair; as he listened to what Mr. Tate was saying, he ran his hand slowly up and down his thigh. I expected Mr. Tate to say any minute, “Take him, Mr. Finch. . . ”
But Mr. Tate said, “This court will come to order,” in a voice that rang with authority, and the heads below us jerked up. Mr. Tate left the room and returned with Tom Robinson. He steered Tom to his place beside Atticus, and stood there. Judge Taylor had roused himself to sudden alertness and was sitting up straight, looking at the empty jury box.
What happened after that had a dreamlike quality: in a dream I saw the jury return, moving like underwater swimmers, and Judge Taylor’s voice came from far away and was tiny. I saw something only a lawyer’s child could be expected to see, could be expected to watch for, and it was like watching Atticus walk into the street, raise a rifle to his shoulder and pull the trigger, but watching all the time knowing that the gun was empty.
