However, Jake had also explained that the Hubbard case was different because the only lawyer working by the hour was him. The others were there on a prayer and a percentage. If the handwritten will were to be invalidated, the money would revert to the family under the prior will, and all those lawyers would take a cut. Since the other lawyers had no guarantee they would be paid, he suspected their questions might not be so tedious.
Portia wasn’t so sure about that. Tedium was closing in from all directions.
Stillman liked to bounce around, probably in an effort to keep the witness off balance. He woke up the crowd with “Now, did you borrow money from your former attorney, Booker Sistrunk?”
“I did.” Lettie knew the question was coming and answered it without hesitation. There was no law or rule against such a loan, not on the receiving end anyway.
“How much?”
“Fifty thousand dollars.”
“Did he write you a check or was it in cash?”
“Cash, and we, Simeon and I, signed a promissory note.”
“Was this the only loan from Sistrunk?”
“No, there was a prior loan for $5,000.”
“Why did you borrow money from Mr. Sistrunk?”
“Because we needed the money. I lost my job, and with Simeon you never know.”
“Did you take the money and move into a larger house?”
“We did.”
“And how many people now live in that house?”
Lettie thought for a moment, and said, “Usually around eleven, but the number varies. Some come and go.”
Jake glared at Stillman as if to say, “Don’t even think about wanting all eleven names. Can we just move along?”
Stillman was tempted, but moved along. “How much are you paying in rent?”
“Seven hundred a month.”
“And you’re unemployed as of today?”
“Correct.”
“Where is your husband working right now?”
“He’s not.”
“Since Mr. Sistrunk is no longer your lawyer, how do you plan to repay him?”
“We’ll worry about that later.”
Roxy had sandwiches and chips ready for lunch, and they ate in the conference room where Lucien joined them. “How’d it go?” he asked.
“The usual first round of worthless questions,” Jake said. “Lettie was great but she’s already tired.”
Lettie said, “I can’t do this for another day and a half.”
“Modern discovery,” Lucien said in disgust.
“Tell us how it was back in the old days, Lucien,” Jake said.
“Well, back in the old days, and the old days were much better than all these new rules you got now—”
“I didn’t write them.”
“You weren’t required to divulge all of your witnesses and describe what they were going to say, no sir. It was trial by ambush. You get your witnesses, I’ll get mine, and we’ll show up at the courthouse and have us a trial. It made you a better lawyer too because you had to react on the fly. Nowadays, everything has to be fully disclosed and every witness has to be available for a deposition. Think of the time. Think of the expense. It was far better back then, I swear it was.”
“Why don’t you take a large bite of that sandwich?” Jake said. “Lettie needs to relax and no one can relax when you’re on your soapbox.”
Lucien took a small bite and asked, “What’d you think, Portia?”
She was nibbling on a chip. She laid it down and said, “It’s pretty cool, I mean, being in a room full of that many lawyers. Makes me feel important.”
“Don’t be too impressed,” Jake said. “Most of those guys couldn’t try a shoplifting case in city court.”
“I’ll bet Wade Lanier can,” Lettie said. “He’s smooth. I get the impression he knows what I’m gonna say before I say it.”
“He’s very good,” Jake admitted. “Believe me, Lettie, we will learn to despise him. He seems to be a nice guy now, but you won’t be able to stand the sight of him before this is over.”
The thought of a long fight seemed to deflate Lettie. Four hours into the initial skirmish, and she was already exhausted.
During lunch, two ladies from the clerk’s office assembled a small artificial Christmas tree and placed it at the far rear corner of the courtroom. From where Jake was sitting at the table, he had a clear, unobstructed view of the tree. At noon each Christmas Eve, most of the Circuit and Chancery Court clerks and judges, and a few handpicked lawyers, gathered back there for egg nog and gag gifts. It was a gathering Jake tried his best to avoid.
The tree, though, reminded him that Christmas was only days away, and the thought of shopping had not yet crossed his mind, at least not until then. As Wade Lanier plowed ahead in a voice so low and dry that it was practically a sedative, Jake caught his mind drifting away to the holidays. For the past two years, they had struggled to decorate their rental and bring it alive for the holidays. Hanna helped tremendously. Having a child around the house kept everyone’s spirits up.
Lanier moved into a sensitive area. Slowly, skillfully, he probed into Lettie’s duties around the house when Mr. Hubbard was sick with the chemo and radiation and confined to his bed. Lettie explained that a home-health-care agency sent nurses over to tend to him, but these women were not good, not considerate enough, and Mr. Hubbard was quite rude. She didn’t blame him. He ran them off and had fights with the agency. Eventually, Lettie took over his care. She cooked whatever he wanted, and fed him when he needed help. She helped him out of bed and to the bathroom, where he sometimes sat on the toilet for half an hour. He had accidents, and she cleaned his bed. On several occasions, he was forced to use a bedpan, and Lettie tended to him. No, it was not pleasant work and she was not trained in such ways, but she managed. He appreciated her kindness. He trusted her. Yes, on several occasions she bathed Mr. Hubbard in his bed. Yes, a complete bath, touching everywhere. He was so sick and hardly awake. Later, when they stopped the chemo and radiation for a while, he regained his strength and began moving around as soon as possible. He bounced back with an amazing determination. No, he never quit smoking.
Intimacy can kill our case, Jake had explained to Portia in blunt terms, which were then filtered through daughter to mother. If the jury believes Lettie got too close to Seth Hubbard, they’ll have no trouble finding she unduly influenced him.
Was Mr. Hubbard affectionate with her? Was he one to hug, peck on the cheek, pat on the rear end? Not in the least, Lettie said. Never. Her boss was a hard man who kept to himself. He had little patience with other people and needed few friends. He did not shake Lettie’s hand when she arrived for work in the morning, nor did he offer her even a semblance of an embrace when saying good-bye. She was his employee, nothing more: not a friend, nor confidante, nor anything else. He was polite and he thanked her when appropriate, but he was never a man of many words.
She knew nothing of his business, nor his social affairs. He never spoke of another woman and Lettie never saw one in his home. In fact, she could not remember a single incident when a friend or business acquaintance came to the house, not in the three years she worked there.
Perfect, Jake said to himself.
Bad lawyers tried to trick witnesses, or pin them down, or confuse them, all in an effort to win the deposition. Good lawyers preferred to win at trial, and used depositions as a means to gather information that could be used to set traps later. Great lawyers skipped depositions altogether, and orchestrated beautiful ambushes in front of the jury. Wade Lanier and Stillman Rush were good lawyers, and they spent the first day collecting data. During eight hours of direct examination, there was not the first cross word, not the first hint of disrespect for the witness.
Jake was impressed with his opponents. Later, in his office, he explained to Lettie and Portia that both Lanier and Rush were basically acting. They were presenting themselves as friendly guys who really liked Lettie and were just searching for the truth. They wanted Lettie to like them, to trust them, so that at the trial she might drop her guard. “They’re a couple of wolves,” he said. “At trial, they’ll go for your throat.”
Lettie, exhausted, asked, “Jake, I won’t be on the stand for no eight hours, will I?”
“You’ll be ready.”
She had her doubts.
Zack Zeitler led off the following morning with a series of probing questions about Mr. Hubbard’s last days. He struck pay dirt when he asked, “Did you see him on Saturday, October 1?”
Jake braced himself for what would follow. He had known it for several days, but there was no way to avoid it. The truth was the truth.
“I did,” Lettie answered.
“I thought you said you never worked on Saturdays.”
“That’s right, but Mr. Hubbard asked me to come in that Saturday.”
“And why was that?”
“He wanted me to go to his office with him, to clean it. The regular guy was off sick and the place needed cleaning.” Around the table, Lettie’s response was far more effective than the morning coffee. Eyes opened, spines stiffened, rear ends inched to the edges of chairs, a couple of telling glances were exchanged.
Smelling blood, Zeitler pressed on cautiously. “What time did you arrive at Mr. Hubbard’s house?”
“Around nine that mornin’.”
“And what did he say?”
“He said he wanted me to go with him to his office. So we got in the car and went to his office.”
“Which car?”
“His. The Cadillac.”
“Who drove?”
“I did. Mr. Hubbard asked me if I’d ever driven a new Cadillac. I said no. I had said somethin’ earlier about how nice the car was, and so he asked me if I wanted to drive it. At first I said no, but he handed me the keys. So I drove it over to the office. I was a nervous wreck.”
“You drove him over?” Zeitler repeated. Around the table all heads were low as the lawyers scribbled furiously, their minds spinning. In perhaps the most famous will contest in the history of the state, the beneficiary, who was not a blood relative, actually drove the dying person to the lawyer’s office to sign a will that cut out all family and left everything to the beneficiary, the driver. The Supreme Court invalidated the last will on the grounds of undue influence, and gave as a significant reason the fact that the “surprise beneficiary” had been so involved in the making of the new will. Since that court decision thirty years earlier, it was not unusual for a lawyer to ask “Who drove him over?” when an unexpected will was discovered.
“Yes,” she said. Jake watched the other eight lawyers as they reacted exactly as he anticipated. It was a gift to them, and a hurdle for him to clear.
Zeitler carefully arranged some notes, then said, “How long were you in his office?”
“I didn’t look at no clock, but I’d say a couple of hours.”
“Who else was there?”
“No one. He said they usually didn’t work on Saturdays, at least not in the office.”