Lay Down My Sword and Shield (8 page)

“There’s nothing we can do for you.”

“Why don’t you give me a chance to see?”

“You’re wasting your time, man.”

“I’d like to see Art out in the next light-year, and from what I understand so far I can’t expect any help from his lawyer, the court, or the clerk of records. So I can either wander around town a few more days and talk with people like the deputy in there or cowboys in the beer joint, or I can meet someone who’ll tell me what happened on that picket line.”

“We told what happened.”

“You told it in a local trial court that was prejudiced. I’m going to take the case to the Court of Criminal Appeals in Austin.”

“What’s your thing with Art?”

“We were in Korea together.”

“You can’t do any good for him. The A.C.L.U. has had our cases in Austin before.”

“Maybe I’m a better lawyer,” I said.

“Believe it, man, you’ve got a bum trip in mind.”

“I believe in the banzai ethic. At least I’ll leave a dark burn across the sky when I go down.”

“You ought to find a better way to pay back army debts.”

“I was a Navy corpsman, and I paid off all my debts before I was discharged.”

She turned back into the light to walk outside.

“Do you want a ride?” I said.

“I’ll walk.”

“You don’t want to miss a good experience with the most arrested driver in Texas. Besides, I need some directions.”

“Stay away from our union headquarters if you want to help Art.”

“I don’t expect that we’ll all end up in the penitentiary if I drive you home.”

We walked down the courthouse sidewalk under the shade of the oak trees to my automobile. The sun had risen high in the sky, and the tar surfacing on the street was hot and soft under our feet. The heat shimmered off the concrete walk in front of the hotel.

We drove into the Negro and Mexican section back of town. The dirt roads were baked hard as rock, and clouds of dust swept up behind my car. The unpainted wood shacks were pushed into one another at odd angles, the ditches strewn with garbage, and the outhouses were built of discarded boards, R.C. Cola signs, and tar paper.

“I have to see Art’s lawyer after I drop you off, but I’ll come back a little later,” I said.

“I thought you didn’t expect any help from him.”

“I don’t, but maybe I can use inadequate defense as a reason for appeal.”

She took a package of cigarettes from her blue-jeans pocket and lit one. I glanced at the smooth curve of her breasts as she pushed the package back in her pocket.

“You’re pretty sure I’ve got a loser, aren’t you?” I said.

“I just don’t think you know very much about the county you’re working in.”

“So you’re up against some cotton growers who don’t want to pay union scale, and a few part-time Klansmen. And you’ve met a redneck deputy sheriff who probably rents his brains by the week. That doesn’t change the law or trial procedure.”

“Wow. You must walk into court with a copy of the
National Review
between your teeth.”

“I’ve had eight years of law practice, babe, and I haven’t lost many cases.”

“I don’t believe you’ve dealt very much with union farmworkers, either.”

“I’ve spent all my life in Texas. I don’t expect to find out anything very new about it in this case.”

“Don’t you realize the rules in your court don’t apply to us? Art’s jury brought in a guilty verdict in fifteen minutes, and later the foreman said it took them that long because they sent out for some cold drinks.”

“All right, I can use things just like that in the appeal.”

“I’m not kidding you, man; lose some of those comic-book attitudes if you want to do anything for him,” she said.

“You really know how to turn on the burner, don’t you?”

“I’m just telling you about the bag you’re trying to pick up.”

“You’re a hard girl.”

“Do I get that free with the ride home?” The sunlight through the window was bright on the burned ends of her hair. She had her arm back on the seat while she smoked, and I could see the whiteness at the top of her breasts.

“You’re not from Texas. What are you doing here, anyway?”

“Would you like to flip through the celluloid windows in my wallet?”

“It’s just a question.”

“It seems like an expensive trip home.”

“Maybe I should put on my chauffeur’s cap, and you can sit in the backseat and I’ll close the glass behind me.”

“I was a graduate student in social work at Berkeley. I got tired of writing abstract papers about hungry people so I joined the Third World and came out to your lovely state.”

I hit a chuckhole in the road and felt the car slam down on its springs. The dust was so heavy that it had started to filter through the air-conditioning system. Two Negro children were running along the edge of a ditch, throwing stones at an emaciated dog scabbed over with mange. The road reached a dead end in front of a converted general store with a sign above the door that read
UNITED FARM WORKERS LOCAL 476.
The glass display windows were yellow and pocked with BB holes, and filmed with dirt on the inside and outside. Strips of Montgomery Ward brick had been nailed over the rotted boards in the walls, the steps had collapsed, cinder blocks were propped under one side of the building to keep it from sagging, and I could almost hear the flies humming around the outhouse in back. A boy of about nineteen, barefoot and without a shirt, sat on the front porch playing a twelve-string Gibson guitar.

“Don’t wrinkle your eyes at it, man,” she said. “We’re lucky we could rent anything in this town.”

“I didn’t say a thing.”

“I could hear the tumblers click over in your head. You’ve got the middle-class hygiene thing. Anything except green lawns and red brick sends you running up the street.”

“That’s a lot of shit.”

“Okay. Thanks for the ride.”

She closed the door and walked down the dusty path to the building. I watched the motion of her hips and her full thighs as she stepped up on the porch, then I turned the Cadillac in a circle and headed back toward town.

I went to Mr. Cecil Wayne Posey’s office and was told by his junior partner that I could find him at home. His ranch was all blackland, lined with rows of cotton and corn and orange trees. A dozen Mexicans and Negroes were hoeing in the cotton, and horses stood in the groves of live oak trees on the low hills. The large, one-story house had new white paint and a wide screened-in porch, and poplar trees were planted along the front lane. There were two great red barns in back with lightning rods and weather vanes on the peaks, a windmill pumping water into a trough, and rolls of barbed wire and cords of cedar posts stacked against a tractor shed.

As I walked up the lane I heard a woodpecker rattling against a dead limb in the heat. Mr. Posey rose from his round-backed wicker chair on the porch and shook hands. The lower portion of his stomach was swollen all the way across the front of his pants. His skin was soft, pudgy to the touch, and his head was almost completely bald except for a few short gray hairs. His eyes were colorless, and his voice had the bland quality of oatmeal. He reminded me of a miniature, upended white whale. When he sat down the watch in his pocket bulged against the cloth like a hard biscuit.

A Negro maid in a lace-trimmed apron served us iced tea with mint leaves and slices of lemon on a silver service, then I began quietly to press Mr. Posey for his reasons in not filing an appeal for Art. Actually, my questions, or even my presence there, would probably be considered a violation of professionalism among attorneys, since I was indirectly implying that he had been negligent in the case; but the flicker of insult never showed in his eyes, and if his tone or the pale expression around his mouth indicated anything, it was simply that I was an idealistic young lawyer who had embarked on a fool’s errand. He lowered his face into the tea glass when he drank, and momentarily the moisture gave his lips a streak of color.

“I didn’t feel there was basis for appeal, Mr. Holland,” he said. “I originally advised Art to plead guilty in hopes of a reduced charge, but he refused, and I doubt if the Court of Criminal Appeals will consider the case of a man who was convicted on the testimony of four Texas Rangers and two bystanders. He did hit the officer twice before he was restrained, and that’s the essential and inalterable fact of the case.”

“Who were these bystanders?”

“Two county workmen who were operating a grading machine on the road when the arrests were made.”

I looked at him incredulously.

“Did you feel these men were objective witnesses?” I said.

“They had no interest in the issue. They merely stated what they saw.”

“I understand that most of the people on the picket line testified, also.”

“Unfortunately, most of them have been in local court before, and I’m afraid that their statements were overly familiar to the jury. One young man admitted to the district attorney that he’d been three hundred yards away from the arrest, but he was sure that Art hadn’t struck the officer. It’s difficult to contest a conviction on evidence of that sort, Mr. Holland.”

His face bent into the iced tea glass again, and a drop of perspiration rolled off his temple down his fat cheek. He shifted his buttocks in the wicker chair and crossed his legs. His massive, soft thighs stretched the crease in his slacks flat.

“Art’s been organizing a farmworkers’ union in this county for the past year. Do you believe any members of the jury had preconceived feelings toward him?”

“None that would affect the indictment against him. He was tried for assaulting a Texas Ranger, not for his involvement in a Mexican union.”

I borrowed a match from Mr. Posey and lit a cigar. I looked at him through the curl of flame and smoke and wondered if he had any conception of his irresponsibility in allowing his client to be sentenced to five years in a case that would be considered laughable by a law school moot court.

He put his empty pipe in the center of his teeth, drew in with a wet rattling sound, and farted softly in the back of the chair. I finished my tea, shook hands and thanked him for his help, and walked down the gravel path to my automobile under the trees. Behind me I heard him snap the metal latch into place on the screen door.

I drove back to town and had lunch and two beers at the café, then spent an hour in the clerk of records office while an aged secretary made a Xerox copy of the trial transcript for me. There was no breeze through the windows, my sunglasses filmed with moisture in the humidity, and the electric fans did nothing but blow drafts of hot air across the room. The deputy sheriff came in once to drop a pile of his penciled reports on the clerk’s desk, and as he walked past me he stared into my face without speaking.

I spent the rest of the afternoon in the hotel, with my feet propped in the window, reading the transcript and sipping whiskey poured over ice. The flies droned dully in the stillness, and occasionally I would hear the hillbilly music from the beer tavern. Across the square the sun slanted on the rows of watermelons and cantaloupes in the open-air fruit market.

The transcript was an incredible record to read. The trial might have been constructed out of mismatched parts from an absurd movie script about legal procedure. There had been no challenge of the jurors, each of the Texas Rangers contradicted the others, a Baptist minister testified that many of the union members were Communists, and the two county workmen said they had seen a Mexican attack a Ranger, although they had been eating their lunch in the back of a truck a half mile down the road at the time. The three witnesses for the defense were sliced to pieces by the district attorney. They were led into discrediting statements about their own testimony, forced into stumbling admissions about their involvement in revolution, and referred to sixteen times as outside agitators. And Cecil Wayne Posey never raised an objection. Normally, any two pages torn at random from such a comic scenario would be grounds for appeal, but under Texas law the appeal has to be made in local court within ten days of sentencing, unless good cause is shown for an extension, and since Mr. Posey’s refusal to continue the case had virtually guaranteed that his client would go to prison, I would have to start the whole process over again in Austin.

It was dusk outside now. I threw the transcript in my suitcase, took a cold bath, and shaved, with a glass of whiskey on top of the lavatory. As a rule I didn’t try to correct the inadequacies inherent in any system, but in this case I thought I would send a letter to the Texas Bar Association about Mr. Posey. Yes, Mr. Posey should receive some official recognition for his work, I thought, as I drew the razor blade down in a clean swath through the shaving cream on my cheek.

I ate a steak for supper and drove back to the union headquarters in the Mexican district. There were thunderclouds and heat lightning in the west, an electric flash all the way across the horizon, and then a distant, dry rumble. The air tasted like brass in my mouth. Parts of the dirt road had been sprinkled with garden hoses to wet down the dust, and the cicadas in the trees were deafening with their late evening noise. Fireflies glowed like points of flame in the gathering dusk, and across the river in old Mexico the adobe huts on the mudflat wavered in the light of outdoor cook fires. High up in the sky, caught in the sun’s last afterglow, a buzzard floated motionlessly like a black scratch on a tin surface.

I parked the car in front of the union headquarters and walked up the path to the wooden steps. The boy with the Gibson twelve-string still sat on the porch. He had three steel picks on his fingers and a half-gallon bottle of dago red next to him. His bare feet were covered with dust, and there were tattoos on each arm. He chorded the guitar and didn’t turn his head toward me.

“She’s inside, man,” he said.

“Do I knock or let myself in?”

“Just do it.”

I tapped with my knuckle on the screen door and waited. I heard dishes rattling in a pan in the back of the building.

“Hey, Rie, that guy’s back,” the boy shouted over his shoulder.

A moment later the girl walked through a back hallway toward me. Her arms were wet up to the elbow. She had splashed water on her blouse, and her breasts stood out against the cloth.