Tags:
Fiction,
General,
Suspense,
Mystery & Detective,
Political,
Texas,
politicians,
Political Fiction,
Elections,
1950-1953,
Korean War,
Civil Rights,
1950-1953 - Veterans,
Ex-Prisoners of War,
Elections - Texas,
Ex-Prisoners of War - Texas
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
William Mirza, Thom Lemmons