He looked in it,
inspected
Judge Taylor on his throne, then went back to where he started.
Lee, Harper - To Kill a Mockingbird
.
.
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.
A jury never looks at a defendant it has convicted, and when this jury came in, not one of them looked at Tom Robinson. The foreman handed a piece of paper to Mr. Tate who handed it to the clerk who handed it to the judge. . .
I shut my eyes. Judge Taylor was polling the jury: “Guilty. . . guilty. . . guilty. . . guilty. . . ” I peeked at Jem: his hands were white from gripping the balcony rail, and his shoulders jerked as if each “guilty” was a separate stab between them.
Judge Taylor was saying something. His gavel was in his fist, but he wasn’t using it. Dimly, I saw Atticus pushing papers from the table into his briefcase. He snapped it shut, went to the court reporter and said something, nodded to Mr. Gilmer, and then went to Tom Robinson and whispered something to him. Atticus put his hand on Tom’s shoulder as he whispered. Atticus took his coat off the back of his chair and pulled it over his shoulder. Then he left the courtroom, but not by his usual exit. He must have wanted to go home the short way, because he walked quickly down the middle aisle toward the south exit. I followed the top of his head as he made his way to the door. He did not look up.
Someone was punching me, but I was reluctant to take my eyes from the people below us, and from the image of Atticus’s lonely walk down the aisle.
“Miss Jean Louise? ”
I looked around. They were standing. All around us and in the balcony on the opposite wall, the Negroes were getting to their feet. Reverend Sykes’s voice was as distant as Judge Taylor’s:
“Miss Jean Louise, stand up. Your father’s passin‘. ”
Chapter 22
It was Jem’s turn to cry. His face was streaked with angry tears as we made our way through the cheerful crowd. “It ain’t right,” he muttered, all the way to the corner of the square where we found Atticus waiting. Atticus was standing under the street light looking as though nothing had happened: his vest was buttoned, his collar and tie were neatly in place, his watch-chain glistened, he was his
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impassive self again.
“It ain’t right, Atticus,” said Jem. “No son, it’s not right. ”
We walked home.
Aunt Alexandra was waiting up. She was in her dressing gown, and I could have sworn she had on her corset underneath it. “I’m sorry, brother,” she murmured. Having never heard her call Atticus “brother” before, I stole a glance at Jem, but he was not listening. He would look up at Atticus, then down at the floor, and I wondered if he thought Atticus somehow responsible for Tom Robinson’s conviction.
“Is he all right? ” Aunty asked, indicating Jem.
“He’ll be so presently,” said Atticus. “It was a little too strong for him. ” Our father sighed. “I’m going to bed,” he said. “If I don’t wake up in the morning, don’t call me. ”
“I didn’t think it wise in the first place to let them—”
“This is their home, sister,” said Atticus. “We’ve made it this way for them, they might as well learn to cope with it. ”
“But they don’t have to go to the courthouse and wallow in it—” “It’s just as much Maycomb County as missionary teas. ”
“Atticus—” Aunt Alexandra’s eyes were anxious. “You are the last person I thought would turn bitter over this. ”
“I’m not bitter, just tired. I’m going to bed. ” “Atticus—” said Jem bleakly.
He turned in the doorway. “What, son? ” “How could they do it, how could they? ”
“I don’t know, but they did it. They’ve done it before and they did it tonight and they’ll do it again and when they do it—seems that only children weep. Good night. ”
But things are always better in the morning. Atticus rose at his usual ungodly hour and was in the livingroom behind the Mobile Register when we stumbled in.
Jem’s morning face posed the question his sleepy lips struggled to ask.
“It’s not time to worry yet,” Atticus reassured him, as we went to the diningroom. “We’re not through yet. There’ll be an appeal, you can count on that. Gracious alive, Cal, what’s all this? ” He was staring at his breakfast plate.
Calpurnia said, “Tom Robinson’s daddy sent you along this chicken this morning. I fixed it. ”
“You tell him I’m proud to get it—bet they don’t have chicken for breakfast at the White House. What are these? ”
“Rolls,” said Calpurnia. “Estelle down at the hotel sent ‘em. ”
Atticus looked up at her, puzzled, and she said, “You better step out here and see what’s in the kitchen, Mr. Finch. ”
We followed him. The kitchen table was loaded with enough food to bury the family: hunks of salt pork, tomatoes, beans, even scuppernongs. Atticus grinned when he found a jar of pickled pigs’ knuckles. “Reckon Aunty’ll let me eat these in the diningroom? ”
Calpurnia said, “This was all ‘round the back steps when I got here this morning. They—they ’preciate what you did, Mr. Finch. They—they aren’t oversteppin‘ themselves, are they? ”
Atticus’s eyes filled with tears. He did not speak for a moment. “Tell them I’m very grateful,” he said. “Tell them—tell them they must never do this again. Times are too hard. . . ”
He left the kitchen, went in the diningroom and excused himself to Aunt Alexandra, put on his hat and went to town.
We heard Dill’s step in the hall, so Calpurnia left Atticus’s uneaten breakfast on the table. Between rabbit-bites Dill told us of Miss Rachel’s reaction to last night, which was: if a man like Atticus Finch wants to butt his head against a stone wall it’s his head.
“I’da got her told,” growled Dill, gnawing a chicken leg, “but she didn’t look much like tellin‘ this morning. Said she was up half the night wonderin’ where I was, said she’da had the sheriff after me but he was at the hearing. ”
“Dill, you’ve got to stop goin‘ off without tellin’ her,” said Jem. “It just
aggravates her. ”
Dill sighed patiently. “I told her till I was blue in the face where I was goin‘— she’s just seein’ too many snakes in the closet. Bet that woman drinks a pint for breakfast every morning—know she drinks two glasses full. Seen her. ”
“Don’t talk like that, Dill,” said Aunt Alexandra. “It’s not becoming to a child. It’s —cynical. ”
“I ain’t cynical, Miss Alexandra. Tellin‘ the truth’s not cynical, is it? ” “The way you tell it, it is. ”
Jem’s eyes flashed at her, but he said to Dill, “Let’s go. You can take that runner with you. ”
When we went to the front porch, Miss Stephanie Crawford was busy telling it to Miss Maudie Atkinson and Mr. Avery. They looked around at us and went on talking. Jem made a feral noise in his throat. I wished for a weapon.
“I hate grown folks lookin‘ at you,” said Dill. “Makes you feel like you’ve done something. ”
Miss Maudie yelled for Jem Finch to come there.
Jem groaned and heaved himself up from the swing. “We’ll go with you,” Dill said.
Miss Stephanie’s nose quivered with curiosity. She wanted to know who all gave us permission to go to court—she didn’t see us but it was all over town this morning that we were in the Colored balcony. Did Atticus put us up there as a sort of—? Wasn’t it right close up there with all those—? Did Scout understand all the —? Didn’t it make us mad to see our daddy beat?
“Hush, Stephanie. ” Miss Maudie’s diction was deadly. “I’ve not got all the morning to pass on the porch—Jem Finch, I called to find out if you and your colleagues can eat some cake. Got up at five to make it, so you better say yes. Excuse us, Stephanie. Good morning, Mr. Avery. ”
There was a big cake and two little ones on Miss Maudie’s kitchen table. There should have been three little ones. It was not like Miss Maudie to forget Dill, and we must have shown it. But we understood when she cut from the big cake and gave the slice to Jem.
As we ate, we sensed that this was Miss Maudie’s way of saying that as far as she was concerned, nothing had changed. She sat quietly in a kitchen chair, watching us.
Suddenly she spoke: “Don’t fret, Jem. Things are never as bad as they seem. ”
Indoors, when Miss Maudie wanted to say something lengthy she spread her fingers on her knees and settled her bridgework. This she did, and we waited.
“I simply want to tell you that there are some men in this world who were born to do our unpleasant jobs for us. Your father’s one of them. ”
“Oh,” said Jem.
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.
A jury never looks at a defendant it has convicted, and when this jury came in, not one of them looked at Tom Robinson. The foreman handed a piece of paper to Mr. Tate who handed it to the clerk who handed it to the judge. . .
I shut my eyes. Judge Taylor was polling the jury: “Guilty. . . guilty. . . guilty. . . guilty. . . ” I peeked at Jem: his hands were white from gripping the balcony rail, and his shoulders jerked as if each “guilty” was a separate stab between them.
Judge Taylor was saying something. His gavel was in his fist, but he wasn’t using it. Dimly, I saw Atticus pushing papers from the table into his briefcase. He snapped it shut, went to the court reporter and said something, nodded to Mr. Gilmer, and then went to Tom Robinson and whispered something to him. Atticus put his hand on Tom’s shoulder as he whispered. Atticus took his coat off the back of his chair and pulled it over his shoulder. Then he left the courtroom, but not by his usual exit. He must have wanted to go home the short way, because he walked quickly down the middle aisle toward the south exit. I followed the top of his head as he made his way to the door. He did not look up.
Someone was punching me, but I was reluctant to take my eyes from the people below us, and from the image of Atticus’s lonely walk down the aisle.
“Miss Jean Louise? ”
I looked around. They were standing. All around us and in the balcony on the opposite wall, the Negroes were getting to their feet. Reverend Sykes’s voice was as distant as Judge Taylor’s:
“Miss Jean Louise, stand up. Your father’s passin‘. ”
Chapter 22
It was Jem’s turn to cry. His face was streaked with angry tears as we made our way through the cheerful crowd. “It ain’t right,” he muttered, all the way to the corner of the square where we found Atticus waiting. Atticus was standing under the street light looking as though nothing had happened: his vest was buttoned, his collar and tie were neatly in place, his watch-chain glistened, he was his
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impassive self again.
“It ain’t right, Atticus,” said Jem. “No son, it’s not right. ”
We walked home.
Aunt Alexandra was waiting up. She was in her dressing gown, and I could have sworn she had on her corset underneath it. “I’m sorry, brother,” she murmured. Having never heard her call Atticus “brother” before, I stole a glance at Jem, but he was not listening. He would look up at Atticus, then down at the floor, and I wondered if he thought Atticus somehow responsible for Tom Robinson’s conviction.
“Is he all right? ” Aunty asked, indicating Jem.
“He’ll be so presently,” said Atticus. “It was a little too strong for him. ” Our father sighed. “I’m going to bed,” he said. “If I don’t wake up in the morning, don’t call me. ”
“I didn’t think it wise in the first place to let them—”
“This is their home, sister,” said Atticus. “We’ve made it this way for them, they might as well learn to cope with it. ”
“But they don’t have to go to the courthouse and wallow in it—” “It’s just as much Maycomb County as missionary teas. ”
“Atticus—” Aunt Alexandra’s eyes were anxious. “You are the last person I thought would turn bitter over this. ”
“I’m not bitter, just tired. I’m going to bed. ” “Atticus—” said Jem bleakly.
He turned in the doorway. “What, son? ” “How could they do it, how could they? ”
“I don’t know, but they did it. They’ve done it before and they did it tonight and they’ll do it again and when they do it—seems that only children weep. Good night. ”
But things are always better in the morning. Atticus rose at his usual ungodly hour and was in the livingroom behind the Mobile Register when we stumbled in.
Jem’s morning face posed the question his sleepy lips struggled to ask.
“It’s not time to worry yet,” Atticus reassured him, as we went to the diningroom. “We’re not through yet. There’ll be an appeal, you can count on that. Gracious alive, Cal, what’s all this? ” He was staring at his breakfast plate.
Calpurnia said, “Tom Robinson’s daddy sent you along this chicken this morning. I fixed it. ”
“You tell him I’m proud to get it—bet they don’t have chicken for breakfast at the White House. What are these? ”
“Rolls,” said Calpurnia. “Estelle down at the hotel sent ‘em. ”
Atticus looked up at her, puzzled, and she said, “You better step out here and see what’s in the kitchen, Mr. Finch. ”
We followed him. The kitchen table was loaded with enough food to bury the family: hunks of salt pork, tomatoes, beans, even scuppernongs. Atticus grinned when he found a jar of pickled pigs’ knuckles. “Reckon Aunty’ll let me eat these in the diningroom? ”
Calpurnia said, “This was all ‘round the back steps when I got here this morning. They—they ’preciate what you did, Mr. Finch. They—they aren’t oversteppin‘ themselves, are they? ”
Atticus’s eyes filled with tears. He did not speak for a moment. “Tell them I’m very grateful,” he said. “Tell them—tell them they must never do this again. Times are too hard. . . ”
He left the kitchen, went in the diningroom and excused himself to Aunt Alexandra, put on his hat and went to town.
We heard Dill’s step in the hall, so Calpurnia left Atticus’s uneaten breakfast on the table. Between rabbit-bites Dill told us of Miss Rachel’s reaction to last night, which was: if a man like Atticus Finch wants to butt his head against a stone wall it’s his head.
“I’da got her told,” growled Dill, gnawing a chicken leg, “but she didn’t look much like tellin‘ this morning. Said she was up half the night wonderin’ where I was, said she’da had the sheriff after me but he was at the hearing. ”
“Dill, you’ve got to stop goin‘ off without tellin’ her,” said Jem. “It just
aggravates her. ”
Dill sighed patiently. “I told her till I was blue in the face where I was goin‘— she’s just seein’ too many snakes in the closet. Bet that woman drinks a pint for breakfast every morning—know she drinks two glasses full. Seen her. ”
“Don’t talk like that, Dill,” said Aunt Alexandra. “It’s not becoming to a child. It’s —cynical. ”
“I ain’t cynical, Miss Alexandra. Tellin‘ the truth’s not cynical, is it? ” “The way you tell it, it is. ”
Jem’s eyes flashed at her, but he said to Dill, “Let’s go. You can take that runner with you. ”
When we went to the front porch, Miss Stephanie Crawford was busy telling it to Miss Maudie Atkinson and Mr. Avery. They looked around at us and went on talking. Jem made a feral noise in his throat. I wished for a weapon.
“I hate grown folks lookin‘ at you,” said Dill. “Makes you feel like you’ve done something. ”
Miss Maudie yelled for Jem Finch to come there.
Jem groaned and heaved himself up from the swing. “We’ll go with you,” Dill said.
Miss Stephanie’s nose quivered with curiosity. She wanted to know who all gave us permission to go to court—she didn’t see us but it was all over town this morning that we were in the Colored balcony. Did Atticus put us up there as a sort of—? Wasn’t it right close up there with all those—? Did Scout understand all the —? Didn’t it make us mad to see our daddy beat?
“Hush, Stephanie. ” Miss Maudie’s diction was deadly. “I’ve not got all the morning to pass on the porch—Jem Finch, I called to find out if you and your colleagues can eat some cake. Got up at five to make it, so you better say yes. Excuse us, Stephanie. Good morning, Mr. Avery. ”
There was a big cake and two little ones on Miss Maudie’s kitchen table. There should have been three little ones. It was not like Miss Maudie to forget Dill, and we must have shown it. But we understood when she cut from the big cake and gave the slice to Jem.
As we ate, we sensed that this was Miss Maudie’s way of saying that as far as she was concerned, nothing had changed. She sat quietly in a kitchen chair, watching us.
Suddenly she spoke: “Don’t fret, Jem. Things are never as bad as they seem. ”
Indoors, when Miss Maudie wanted to say something lengthy she spread her fingers on her knees and settled her bridgework. This she did, and we waited.
“I simply want to tell you that there are some men in this world who were born to do our unpleasant jobs for us. Your father’s one of them. ”
“Oh,” said Jem.
