Mr. Sutter, in your long and varied life have you ever previously had occasion to shoot someone who was attacking you with a firepoker?
Sutter seemed to study awhile. I reckon not, he said. I don’t recall it. But if I did, I ain’t on trial for it here.
No. But bear with me. If you had, I think you would see a pattern begin to emerge. A man shot in the head with a high-caliber rifle would be flung backward. Perhaps he would lie on his back with his arms flung wide, the palms of his hands upwards, the way Mr. Conkle was found. What is really remarkable is that the poker, with an unerring homing instinct, would defy the laws of gravity and physics and follow the man across the room and come to rest in his palm. Do you have any explanation for this?
No, I don’t. I never went very far in school. I can’t explain the world to you. Things happen one way, they happenanother. I reckon he was hangin onto the poker and then he opened his hand up.
Mr. Conkle was righthanded, yet the poker came to rest on his left palm. How do you explain this lapse of your judgment?
Objection.
Sustained.
I’ll rephrase it. Do you know of any reason why a righthanded man would attack you with a weapon in his left hand?
Sutter cleared his throat. He grinned at the jury. Maybe he was just spottin me a few points, he said.
The judge leaned from his oaken bench. Answer the question put to you, Mr. Sutter. And one more example of facetiousness and you will be in contempt of this court.
I didn’t know whathanded he was. All I seen was a firepoker comin at me. I never thought it would come any easier lefthanded than any other. It was a goodsize poker and wouldn’t feel too good whatever hand you got hit with.
It’s common knowledge there was bad blood between the two of you. Mr. Conkle had the misfortune to stand by his convictions, a character trait that probably amuses you. What is it with you, Mr. Sutter? Do you think you can kill the whole world? Slaughter a long line of jurors who vote their consciences? Can you silence them all? Do you have access to that many firepokers? You’d have to hire assistants in your war against order. You’re a busy man, Mr. Sutter. All those widows to create, homes to burn, land to salt. I’ve been checking on you, Mr. Sutter. That’s the way you’ve lived your entire life.
Wiggins was objecting vehemently. The defendant is not on trial for his entire life, he told the judge. Only a particularsegment of it.
Confine yourself to the matter at hand, the judge told Schieweiler. The jury is instructed to disregard the prosecutor’s remarks, he added.
Is it not a fact that you addressed Mrs. Conkle as ‘widow’ just prior to her husband’s shooting?
Don’t pop your bug eyes at me, Schieweiler, Sutter said. I don’t know what you want from me. All I was doin was defendin myself. I come and got the law myself, I never tried to hide nothin. Why would I lay a poker in the wrong hand and then call the law?
I don’t know, Mr. Sutter. I’m here to try to extract the truth from you, not psychoanalyze you. Did you call her ‘widow Conkle’ or not?
No. I swear to God I did not.
When the trial was over and Sutter acquitted, Schieweiler still could not let it be. He followed Sutter to the courthouse steps in a rage he didn’t even try to conceal.
You may think this is over, Mr. Sutter, but I can assure you that it is not. I’m going back to Nashville, and there is going to be an investigation of this case and this tainted jury from the top to the bottom. I’m going to get you for something if it’s only spitting on the sidewalk.
You just a bad loser, Sutter said. He grinned like a Cheshire cat. Small yellow canary feathers about his jaws.
Your day is drawing to a close. You can intimidate these people with threats, but you can’t intimidate me.
Sutter was fumbling about his overalls pockets. He heldan imaginary pencil poised over an imaginary pad. Now what did you say your street address was? I might want to drop in on you some night. I’m over in Ackerman’s Field ever now and then.
The first cold spell of winter has routed the old men from their habitual benches on the courthouse lawn and the warm stove in Sam Long’s store has drawn them as a magnet attracts iron filings.
What always got me about him was the way he could just slide out of anything. Killin, burnin, sellin whiskey. He sold bootleg whiskey out of the front door of his house for fifteen year and never even got arrested. They used to worry old man Moose Tyler to death raidin him and finally did send him up to Brushy Mountain for a year or two.
Yeah. And killin folks. He told me one time, said, it’s more people than Fenton Breece can bury somebody. Everbody knowed he killed Clyde Conkle in cold blood, but he never drawed a day for it. They let him walk. You take old man Bookbinder up in the Harrikin. His wife took up with one of them Hankins boys and run off and sent Hankins back to get a bedstead or somethin. Bookbinder was goin to run him off, and he wouldn’t run. They took to scufflin and Hankins got killed. They stuck a stamp on Bookbinder and mailed him straight to the penitentiary. He done ten year. I guess he never had none of Sutter’s luck.
It was the middle of the night when Breece knocked but almost immediately the tiny door-within-a-door opened and a goldflecked eye was regarding him.
Whoever sent for you lied, Sutter said. I’m still alive and kickin.
Breece guessed this was Sutter’s idea of a joke. He wasn’t amused. I need to talk to you on business, he said. Let me in. It’s cold out here.
The door opened. Sutter was fully dressed, as if he slept in his clothes or he slept not at all. The room was dark save a warm orange glow from the woodstove.
Turn the lights on. I can’t see where I am.
You in my front room and you ain’t been here thirty seconds and you done givin me orders.
Breece wandered around in the halfdark and finally seated himself in a bentwood rocker by the fire and spread his hands to the warmth of the heater. He seemed ill at ease, someone who must soon be off.
Turning colder, he said awkwardly.
What can I say? It’s December. But I could of stuck my head out the door and told that. You didn’t have to drive all the way out here to give me a weather report.
Like I told you, it’s business.
If it’s whiskey business, you’re shit out of luck. They cleaned me out last week. The fuckin revenuers. I’m under indictment again. Out on bond. The son of a bitches just won’t let me be here lately. Somebody’s got it in for me. I’ve paid these goddamned local laws enough money to buy a farm in Georgia and the niggers to work it and not a word of warning do I get. They didn’t even fool with the county. You know what they done? A nigger come walkin up out of the woods and Isold him a pint. He shoved it in his hip pocket and walked back down in that holler. A nigger in woreout overalls and bustedout shoes, and I thought he’d been down there diggin sang or somethin. Then when the feds came in a big black car with their warrants, there set the son of a bitch right in the front seat wearin a suit of clothes and a necktie. The front seat. Black as the ace of spades. The slick son of a bitches. Who’d of thought they’d send a nigger?
Breece’s eyes had adjusted to the halflight from the open hearth, and by it he was covertly studying Sutter’s face. Sutter wouldn’t have noticed anyway. He seemed to be abstractedly talking out of a store of rage he’d laid by and a hot but unfocused anger burned in his eyes.