Frolic of His Own (61 page)

—Oscar? came her voice from somewhere, near to following him up the hall when she came in but she stopped looking out up the angle of the veranda arrested there by the sight of the uniform, voices borne in on a draft from the doors till they clattered closed, —well? What was that all about.

—A policeman.

—Well obviously. Selling tickets to the policemen's ball?

—No, no they found the car, they found my car Christina. It's been impounded by the insurance company that's who took it away.

—Thank God, I hope we never have to . . .

—No but that's not the point, the police have a report that it was in an accident where the victim was seriously injured and they're after me because I'm the owner and didn't report it so . . .

—Well if nobody reported it then who reported it?

—I did, I reported the stolen car but the accident wasn't . . .

—Oh Lily, thank God bring a pot of tea will you? I don't know how much more of this I can go back to the beginning Oscar. When you were in the hospital raving about your little man in the black suit taking messages for the other side and . . .

—Don't talk about it no, I might have died I don't want to think about it, what if I'd died before all this happened! brandishing the tattered stave at her —and I'd never have . . .

—Well obviously if you'd died it wouldn't have happened.

—That's what I mean! My work, it would never be heard of, it would just disappear as though it had never existed, as though I'd never lived.

—Would it matter? I mean you'd be sitting over there on the other side happy as a clam wouldn't you? all this earthly nonsense of cars and lawsuits and the stupidity you despise so much . . .

—That's not it he said, pacing away and then more slowly, back to her —but it is, isn't it. Because my work, it would exist wouldn't it, its only claim to existence would be in this fraudulent counterfeit this, this vulgar distorted forgery and the thing itself, the original immortal thing itself would never be . . .

—Would it matter? She was off pounding sofa pillows into shape, setting them right, —meanwhile what do you plan to do about your stolen car and the . . .

—Christina I'm talking to you! I'm trying to talk about something that, can't you listen? for a minute?

—Well my God Oscar, that's what this world is isn't it? I mean you're not on the other side yet are you? Talking about immortality I've thought
you always treated it as a monstrous joke, listening to that harangue with your new friend Jerry over which came first, madness or religion and this frenzy over God and the afterlife that's what they're all about isn't it? these hordes of people going to church on Sunday and your revolting movie travesty during the week? Is that what you . . .

—That's it yes! Sunday mass nailing down their immortality one day a week so they can waste the rest of it on trash, or the ones who squander it piling up money like a barrier against death while the artist is working on his immortality every minute, everything he creates, that's what his work is, his immortality and that's why having it stolen and corrupted and turned into some profane worthless counterfeit is the most, why it's sacrilege, that's what sacrilege really is isn't it? Isn't that really why I got into all this?

—Frankly Oscar, the way you've been waving that court decree around waiting to hear about your damages I thought it might have something to do with money.

—Well of course it does! Because that's the only language they understand, I've said that a thousand times haven't I? that that's the only way I can be vindicated?

—Meanwhile maybe you can help her with that tray, just put it down over there Lily. I heard the phone earlier, it wasn't Harry was it?

—I would have called you no, it was Daddy. He said there's something very important he has to talk to me about after all this trouble and everything since tragedy struck so it must be finally about we're going to get reconciled like I've been praying for.

—You? praying?

—No I just meant really hoping, you know.

—I'm afraid I do, you and Oscar here both being vindicated with a good price tag on it because that's what we're really talking about isn't it.

—Well that's, he just said they're coming up here him and Mama with something very important to talk about and . . .

—No no I agree, I mean my God there's nothing more important than a dollar in the bank to make people take you seriously is there Oscar, it's a language we all speak isn't it but they certainly can't stay here, the place is turning into a menagerie and that ghastly little dog, where is it.

—I think it's under that couch in the sunroom where I'm sleeping, it likes to get under things. I think it's scared of getting stepped on.

—I don't blame it with those two, what in God's name are they doing out there now.

—I think there's still all that corned beef and . . .

—No! the first thing in the morning, we've got to have a civilized meal in this house, we've got to go shopping the first thing in the morning.

It was Harry. On the phone? yes, first thing in the morning, seasoned from her end by little more than —my God, all of it? and —I shudder to think of it, you were right Harry yes, the person he thinks he is it's almost frightening but . . . Yes I'll tell him that . . . I'll tell him that yes, if I can just make it penetrate God knows what he'll . . . yes, it's frightening . . . and she hung up the phone both hands holding it down as though it might erupt again before she could temper her voice with the calm that filled her gaze out there over the pond where a serenity of swans skirted the skin of ice left by the night, clearing her throat to call —Oscar? waiting, and again, back on the sofa —Oscar?

—Yes he's coming, came from far down the hall, from the sunroom —wait a second, let me button this back up, and fix your pants.

—Where were you? when he appeared, straightening his collar.

—Just, in the library looking for, you remember this letter? had it in his hand in fact, —from this lawyer named Preswig? That's why they took the car, the insurance company, because we're suing them as the accident victim so I'd better call him so he can call the police before they arrest me.

—Please, sit down for a minute. No one's going to arrest you.

—A hit and run accident, that's what the police . . .

—Will you please sit down? But he was already at the phone, gasping, muttering, finally banging it down. —Well?

—Mister Preswig is no longer with us they said, of all the, and that summons I got where's that summons, because if the insurance company is suing the . . .

—Oscar listen to me! They've settled your damages.

—But the hospital bills and what about the car, they . . .

—I'm not talking about your car. I'm talking about your immortal soul, now sit down. Harry called. You've been awarded all the profits on the motion picture The Blood in the Red White and Blue.

—But that's, Christina that's millions.

—Now listen, sit down. Harry said that of course they'll . . .

—But that's millions! I can't sit down no, Lily? That's millions Christina, those newspaper clippings when it opened where are they, you remember it gave all those box office figures the first week it, where is she. Lily!

—For God's sake stop shouting. It's not over with, can you just sit down for a minute and let that penetrate? Harry said of course they'll appeal the master's decision to try to get the award reduced and . . .

—Yes call Harry, why didn't you call me? Let me call Harry and . . .

—He's not there Oscar, he was in a hurry. He had to get this company helicopter up to Westchester for one of these endless conferences, now . . .

—Oscar? are you okay?

—He's not okay Lily, he's about to go through the ceiling, now . . .

—But it's millions! All the profits, the court's awarded me all the profits suppose they do reduce it a little it's millions, it's still millions isn't it? isn't that what I said? that that's the only language they understand? Now where's the, where's my, what was I looking for.

—God only knows, that summons? Have you looked in this mess on the sideboard? Bills, statements, travel folders, glossy new car brochures and —what's this.

—Oh that's this little package that came for Oscar yesterday, I just put it there and forgot to . . .

—Well give it to me! but she'd already torn it open. —It's mine Christina give it to me!

—I don't believe it.

—No listen, I just sent away for them to see what they . . .

—I don't believe it. Hiawatha's Magic Mittens, made from genuine simulated my God Oscar. Wear 'em with the furside there isn't any furside, they're plastic. Your own personalized pair of look at them, they're for a six year old and look. A little song book. Your own book of brand new songs to sing when you put on Minjekahwun and set forth to do battle with the West Wind, with the mighty Mudjekeewis, when you rend the jutting crag of the fatal black rock Wawbeek I mean my God, you're not six years old any more are you?

—I said they're mine! Give them to me, now I can, listen. I can settle things once for all now can't I? so I won't owe Father a thing? I can buy this place myself so he can't sell it right out from under us, it was never really his anyway was it? so we won't have the bank and the mortgage and repair the veranda, put in a new driveway and that real estate woman peeking in the windows whenever we, listen. Listen, call her, tell her I'm prepared to make an offer who is she, I'll call her myself.

—Oscar sit down! You're not calling anyone, you're not prepared to make an offer on an old shoe, I told you Harry said it's not over with didn't I? that they're figuring out ways right now to get your award reduced? I mean Father's got enough on his plate with this Senate committee and the mess in his courtroom over this wrongful death case, apparently that insane law clerk is sending you a copy of his instructions to the jury just to make things more difficult for everyone since that seems to be his main purpose in life and, what is it now Lily.

—That's where Reverend Bobby Joe is at that trial because that's why Daddy's coming up here so we can get reconciled without him making restitution to the Lord with his hand on my . . .

—For God's sake be still, go and see if the mail's come yet will you?
And here, hand him these damn mittens and his little book, if he's going to sing a dirge for the mighty Mudjekeewis he'll need them.

INSTRUCTIONS TO THE JURY

In the case of Fickert v. Ude, U.S. District Court, S.D. Va. Misc. 88687

CREASE, DISTRICT JUDGE

You have heard a suit for damages in a case alleging wrongful death brought by the plaintiff Earl Fickert, of Hog Corners, Mississippi, against the defendant Rev. Elton Ude, residing in this federal jurisdiction, for the loss of plaintiff's minor child Wayne Fickert, on October 25, 1985.

As members of the jury and thus of this court, you have been offered evidence by both parties which it will be your duty to sift through for the facts. During these deliberations, you will also consider the sometimes conflicting testimony of the many witnesses which will be yours to evaluate according to your best judgment, unclouded by either prejudice or sentiment.

You understand that this is a civil and not a criminal case. In other words, it is a suit brought by one private citizen against another, and the fact that a death is involved does not mean that the defendant, if found guilty, would be subject to criminal penalties leading to his imprisonment or worse, but limited to the payment of money damages to the plaintiff. Before you retire, it is my duty to assist your deliberations by providing you with the controlling points of law which must guide you in reaching your verdict, to the exclusion of all other considerations.

On the unchallenged evidence there is no doubt that the decedent suffered death by drowning, having delivered himself into the hands of the defendant for immersion in the flowing waters of the Pee Dee River for the purpose of baptism in the Christian faith according to usage and custom, and that he was abruptly borne away by the rivers current in the course of this ordeal which he did not survive.

You have heard the tragic event recounted in some detail by the defendant, and you may review his testimony in the light of that of other witnesses and of the evidence. On no account, however, are you to allow either the emotional outbursts from the spectators attending this trial, notably that provoked by defendant's son resulting in the courtroom being cleared, or any stories, gossip or other innuendo you may have encountered in the past regarding defendant's earlier alleged adventures with the law, to influence your deliberations.

We repeat, this is not a trial for murder or even manslaughter. There has been no evidence or even a suggestion of deliberate intent on defendant's part to harm the victim of this unfortunate episode. Thus, you are asked first to determine the actual cause of death and its relation to the possibility of negligence on defendant's part in the event. Clearly the testimony of one witness, for example, in an effort to simplify matters with the words “he just got drownded” will not suffice. The medical reports do indeed verify drowning as the proximate cause of death, but was there an intervening cause beyond the control of the defendant which might have brought this about?

Let us suppose your near neighbor lights a bonfire during a strong wind which blows sparks onto your property, setting fire to your house. You would certainly find him negligent, not to say stupid, in that he should have known better. But suppose the day he lights his fire is still and calm, and only later a high wind suddenly rises carrying the fire's embers to your house and property with the same result. This is known as an intervening cause, since it acts upon a situation orginating with your neighbor but, as he would certainly argue, with a result he had not anticipated. How long had he lived there, and how familiar was he with the vicissitudes of the weather you inevitably shared, where a high wind might suddenly come up from nowhere on the finest of days? In other words, the standard of law regarding negligence embraces the idea of a risk to others which can be foreseen by a reasonable man, since if he cannot anticipate any harm coming from his actions, he can't be held liable for injuries that may result. Is the Pee Dee River known for sudden surges of its current at this particular site, in certain seasons, or at certain times of day, sufficient to sweep away the thrashing figure of an eighty pound boy? Or was this an abrupt departure from the river's habits brought on by flooding in the waters above, or by some other mighty force?