The dead boy was from a farm just outside of Catskill and about five miles from Tom’s own place. And of all the children around the village of Catskill whom he could have picked to kill, he had the bad luck to run down the only son of the town’s outstanding hero. Staff Sergeant Jud Peters, the boy’s father, was a battalion communications sergeant with the field artillery supporting General Patton, and only the day before, Catskill had received news of his winning the Distinguished Service Cross.
It was undoubtedly the worst jam I ever had to get him out of. And the worst of it was, his money was a disadvantage in this case — at least, in the beginning. In the end, as usual, it was money that saved his hide.
His tremendous wealth was held against him by the natives, who were in no mood to tolerate special prerogatives for the rich. Had he been penniless, I doubt that public reaction would have been nearly so strong. But his reputation for profligate spending, combined with the suspicion that he was a draft dodger, set them after his blood.
His first thought was to start greasing palms, but fortunately he always waited for my advice before making any move at all when he was in a jam. Not that he always followed my advice; to some extent it depended on whether my arguments were based on moral or practical grounds. Frequently they were the former, for he was constantly ready to bribe anyone who could render him service, and professional ethics demanded I do everything possible to dissuade him from this amoral practice. If the best I could do was read him a moral lecture, he blithely went ahead with his corruption, though he always made a pretense of following my advice and did everything possible to conceal his bribe-giving from me. This, I am convinced, was solely to avoid hearing further moral lectures, and not because he cared a mil for my opinion of him.
But he had considerable respect for my practical judgment, and if I were able to advance any objection to bribery other than an ethical one, he usually complied without question.
I remember him as he looked that day: still firm-bodied in spite of his excessive drinking, for he had professional masseurs work him over daily; entirely at ease and his expression indicating his sole emotion was irritation that the dead child had interrupted his hunting trip.
The first thing he said to me was, “Think it would speed things up if I slipped the Chief a couple of thousand to spread in the proper places?”
Having already talked to the Catskill Chief of Police and noted his grim expression, I knew any mention of money would be the worst tactical error Tom could make.
I said bluntly, “If you offer anyone in this town so much as a dime, I suspect the Chief will order you hanged without trial.”
His shoulders moved in a graceful shrug. “Then I guess it’s your baby. Counselor, just get me out of this town fast.”
But for once there was no last way to get what he wanted. Nor was there any possibility either of hushing the matter up or avoiding trial. So I threw the local authorities off balance by attempting to do neither.
On a writ of habeas corpus I got Mathewson before a J.P. who set bond with the provision the defendant remain in the county. That got him out of jail, but he still couldn’t leave Catskill. Then I quietly pulled a few strings to get the case moved up on the Grand jury’s calendar, and as soon as he was properly indicted. I played my trump. I asked for change of venue on the grounds that public opinion prohibited a fair trial in the county where the offense took place, and since the plea was obviously truthful, I got the case transferred to a neutral county without difficulty.
Then I stalled for a year by getting a series of continuances, and when everyone but the people of Catskill had entirely forgotten the matter, finally let him come to trial. The charges were reckless driving, driving while intoxicated, and manslaughter.
Since it was Tom’s third arrest for drunken driving and the second person he had killed, naturally he was found guilty. Clarence Darrow could have hoped for no other verdict. But he was found guilty with a recommendation of leniency, which I consider a courtroom triumph. All he suffered was a $500 fine, a suspended sentence, and loss of his driver’s license for a year — a mild sentence when you consider his previous record.
In the meantime I had managed an out-of-court settlement with the child’s parents — or rather with his mother, for Sergeant Jud Peters was still overseas. She was a pathetic little woman in her late twenties, so crushed by the loss of her son that she hardly knew what she was doing and automatically signed anything her Catskill lawyer told her to sign. The latter, not being the sharpest legal opponent I had ever encountered, would have settled the matter for as little as $10,000 but Mathewson arbitrarily set $50,000 as the amount which would salve his conscience, and insisted that I offer that amount. Naturally Mrs. Peters’ lawyer told her to sign.
The total cost to Mathewson was terrific, for in addition to substantial legal fees over a period of a year, I am almost certain it involved a large bribe, or possibly bribes. Whether he managed to buy one of the jury, or made a secret campaign contribution to the judge who later pronounced the lenient sentence, or both, I don’t know. I am only guessing, for I would have countenanced no such action on the part of my client had I been able to find concrete proof of it; but it is a partly substantiated guess. Not only was it entirely in keeping with Mathewson’s normal procedure, but since I handled all his financial matters, I was aware he had withdrawn a huge sum from his main bank account. And when he refused to explain the withdrawal, I simply added two and two.
A thinner-skinned person than Tom Mathewson would have disposed of the hunting lodge and never again gone near Catskill, for his squeezing out of the jam with a suspended sentence left him universally hated by the natives. But he seemed to feel that the financial cost to him had balanced his responsibility for the child’s death, and he resumed use of the lodge with an entirely clear conscience.
I believe he was a trifle uneasy for a few days when Staff Sergeant Jud Peters finally returned home, but his uneasiness stemmed solely from fear that the bereaved father might create an embarrassing public scene the first time they met, and not because he felt any further responsibility to the man. He was not without animal courage, however, and made no attempt to avoid contact with Jud Peters, a feat which would have been difficult anyway, since Peters’ farm was only five miles from Tom’s lodge. In that country five miles makes you neighbors.
I vaguely recall him mentioning the first time they finally met, a casual encounter in one of Catskill’s taverns. I remember there was a note of relief in Tom’s voice when he described the meeting, for apparently the young father harbored no active resentment. I gathered he had been cool to Tom, but not uncivil, and left Tom with the impression that his sole wish was to forget everything connected with his son’s death.
I myself had entirely forgotten the Peters affair, for in the six years since the accident Tom had been in many intervening scrapes requiring my attention. I was only reminded of it when I had to make an unexpected trip to Catskill.
It came about when Mathewson phoned me from the hunting lodge and asked me up for a weekend. I would not have gone had it been only a social invitation, for I must confess I detested the man even though he was one of my best clients. But he wanted to see me on a legal matter — not a jam this time, something concerning the transfer of certain securities he owned.
Catskill, as you may know, is not on the New York Central line — you have to change to a bus at Hudson. Since the trip by car from Mathewson’s lodge to Hudson takes only a quarter-hour more than a trip to Catskill, you would think my host would have met me at Hudson. But Thomas Mathewson III could never be described as a considerate host. He paid well for my services and felt he owed me nothing beyond that payment.