The jury sat to the left, under long windows. Sunburned, lanky, they seemed to be all farmers, but this was natural: townfolk rarely sat on juries, they were either struck or excused. One or two of the jury looked vaguely like dressed-up Cunninghams. At this stage they sat straight and alert.
The circuit solicitor and another man, Atticus and Tom Robinson sat at tables with their backs to us. There was a brown book and some yellow tablets on the solicitor’s table; Atticus’s was bare. Just inside the railing that divided the spectators from the court, the witnesses sat on cowhide-bottomed chairs. Their backs were to us.
Judge Taylor was on the bench, looking like a sleepy old shark, his pilot fish writing rapidly below in front of him. Judge Taylor looked like most judges I had ever seen: amiable, white-haired, slightly ruddy-faced, he was a man who ran his court with an alarming informality—he sometimes propped his feet up, he often cleaned his fingernails with his pocket knife. In long equity hearings, especially after dinner, he gave the impression of dozing, an impression dispelled forever when a lawyer once deliberately pushed a pile of books to the floor in a desperate effort to wake him up. Without opening his eyes, Judge Taylor murmured, “Mr. Whitley, do that again and it’ll cost you one hundred dollars.”
He was a man learned in the law, and although he seemed to take his job casually, in reality he kept a firm grip on any proceedings that came before him. Only once was Judge Taylor ever seen at a dead standstill in open court, and the Cunninghams stopped him. Old Sarum, their stamping grounds, was populated by two families separate and apart in the beginning, but unfortunately bearing the same name. The Cunninghams married the Coninghams until the spelling of the names was academic—academic until a Cunningham disputed a Coningham over land titles and took to the law. During a controversy of this character, Jeems Cunningham testified that his mother spelled it Cunningham on deeds and things, but she was really a Coningham, she was an uncertain speller, a seldom reader, and was given to looking far away sometimes when she sat on the front gallery in the evening. After nine hours of listening to the eccentricities of Old Sarum’s inhabitants, Judge Taylor threw the case out of court. When asked upon what grounds, Judge Taylor said, “Champertous connivance,” and declared he hoped to God the litigants were satisfied by each having had their public say. They were. That was all they had wanted in the first place.
Judge Taylor had one interesting habit. He permitted smoking in his courtroom but did not himself indulge: sometimes, if one was lucky, one had the privilege of watching him put a long dry cigar into his mouth and munch it slowly up. Bit by bit the dead cigar would disappear, to reappear some hours later as a flat slick mess, its essence extracted and mingling with Judge Taylor’s digestive juices. I once asked Atticus how Mrs. Taylor stood to kiss him, but Atticus said they didn’t kiss much.
The witness stand was to the right of Judge Taylor, and when we got to our seats Mr. Heck Tate was already on it.
Chapter 17
“Jem,” I said, “are those the Ewells sittin‘ down yonder?”
“Hush,” said Jem, “Mr. Heck Tate’s testifyin‘.”
Mr. Tate had dressed for the occasion. He wore an ordinary business suit, which made him look somehow like every other man: gone were his high boots, lumber jacket, and bullet-studded belt. From that moment he ceased to terrify me. He was sitting forward in the witness chair, his hands clasped between his knees, listening attentively to the circuit solicitor.
The solicitor, a Mr. Gilmer, was not well known to us. He was from Abbottsville; we saw him only when court convened, and that rarely, for court was of no special interest to Jem and me. A balding, smooth-faced man, he could have been anywhere between forty and sixty. Although his back was to us, we knew he had a slight cast in one of his eyes which he used to his advantage: he seemed to be looking at a person when he was actually doing nothing of the kind, thus he was hell on juries and witnesses. The jury, thinking themselves under close scrutiny, paid attention; so did the witnesses, thinking likewise.
“…in your own words, Mr. Tate,” Mr. Gilmer was saying.
“Well,” said Mr. Tate, touching his glasses and speaking to his knees, “I was called—”
“Could you say it to the jury, Mr. Tate? Thank you. Who called you?”
Mr. Tate said, “I was fetched by Bob—by Mr. Bob Ewell yonder, one night—”
“What night, sir?”
Mr. Tate said, “It was the night of November twenty-first. I was just leaving my office to go home when B—Mr. Ewell came in, very excited he was, and said get out to his house quick, some nigger’d raped his girl.”
“Did you go?”
“Certainly. Got in the car and went out as fast as I could.”
“And what did you find?”