THE TRIAL OF
Callista Blake

EDGAR PANGBORN

There is no ethical absolute that does not arise from error and illusion.
—GEORGE GAYLORD SIMPSON, The meaning of Evolution.

St Martin's Press
New York

Copyright © Edgar Pangborn 1961
Library of Congress Catalog Card No. 61-13391
Manufactured in the United States of America
by H. Wolff, New York

The author wishes to express his thanks to William Morrow & Company, Inc., for permission to use an excerpt from THE COURT OF LAST RESORT by Erle Stanley Gardner, Copyright 1952 by Erle Stanley Gardner; to Yale University Press for permission to use a quotation from G. G. Simpson's THE MEANING OF EVOLUTION; and to Charles Scribner's Sons for permission to use a passage from THE STORY OF MY LIFE by Clarence Darrow.

To the
Memory of
My Father

NOTE: All characters in this novel are fictitious, not intended to resemble any actual persons living or dead. The locale is semifictitious: for "New Essex" read "almost any of the northeastern States within a 300-mile radius of New York City."

E.P.

THE TRIAL OF CALLISTA BLAKE

[1]

Now laws maintain their credit not because they are just, but because they are laws. That is the mystic foundation of their authority: they have no other.

MONTAIGNE, Of Experience

I

Doves wheeled above the city's winter morning, vanishing by a turn of wings, reappearing in a silent explosion of light. Judge Terence Mann saw smoke rising through windless cold from a thousand chimneys, and saw, beyond a bleak acreage of city roofs, the apartment house that contained his bachelor burrow; further on, the Veterans Hospital shone not as a temple of sickness but a shaft of splendor in the sun. His eyes smarted as he turned away from the brightness. That was partly from a lack of sleep. The Judge remembered that, like this robing-room, the detention cells also looked up across the long rise of land where, for something like three hundred years, the city had been haphazardly expanding, fattening on river commerce, and becoming—in the American sense—old.

Some day, should the small gods in the state capital approve, the city of Winchester would own a Civic Center near that hospital, with a new county courthouse. Judge Mann had seen an architect's dream picture in the Egypto-lavatory style, a kind of streamlined cake of soap—optimistic in a time when Winchester's population of 80,000 was remaining constant while suburbs oozed in heedless growth over the once magnificent countryside. In any case this late-Victorian-Gothic firetrap downtown would have to serve for the ordeal of The People vs. Blake.

He shoved the black sleeve clear of his wrist watch: 10:10. Short, slight, his temples silvering at forty-seven; few wrinkles yet; a thin flexible mouth suggesting kindness; in his square forehead the pucker of certain chronic doubts. He checked his pockets for reading glasses and aspirin while his attendant Joe Bass brushed at imaginary lint.

"Mr. Delehanty says there's quite a crowd, Judge."

"Do they need more bailiffs out there?"

"I wouldn't think so—just noisy. They all want in." Pink-faced, lightly wrinkled, Joe could shift at will from a glorified valet to a literate old man. "Maybe the rumors about the girl's deformity make them curious, same as if she were a Hollywood dish."

"Oh, I understand her deformity's pretty slight. It's just the radio and papers—sensationalism—public wants a circus. Well, I'm late."

"Technically, sir, you are. But after three years on the bench, you know it isn't ten o'clock till you pass through that door."

"Uh-huh—Joshua never had it so good. Well, here we go ..."

"All rise!" Mr. Delehanty's tenor burbled the lusciousness of a clarinet. "The Honorable Judge of the Court of General Sessions in and for the County of Winchester!" Judge Mann saw them rise, for what the tradition said he must be and therefore was. "All persons having business before this honorable court draw near, give your attention, and you shall be heard!" Seating himself with a twinge of annoyance at pomp and circumstance, Mann observed a virgin scratch-pad beside his minute-book. He suspected Mr. Delehanty of rescuing judicial doodles from the wastebasket: to Mr. Delehanty any new judge was a potential Great Man till the bloom wore off. "This court is now in session."

Three years a judge, less than a year in General Sessions—it had been sure to come, the first case overshadowed by the death penalty. He had faced the certainty and argued it out with himself, well before those scrambled days of the election campaign two years ago which had settled him securely in office after the uncertainty of an interim appointment. He had supposed the answers he arrived at then were still valid: The law is man-made, therefore imperfect: as its servant, my function is simply to interpret, trusting that time and natural process will permit the law to continue growing, not petrifying, as men gradually become a little wiser (if they do). And so on—respectable answers, unoriginal but having the sanction of history, of just and generous minds. Yet last night, after a final reading of the grand jury minutes in the Blake case, he could not sleep. And this morning, so far, he was merely insisting to himself that those answers had better stay valid, since the sovereign state of New Essex was stuck with him for another twelve years.

Perhaps, he thought, his uneasiness was not so much at the ethical position as at the Blake case itself—too one-sided. He saw at present no good prospects for defense counsel Cecil Warner except in delaying actions, skirmishes, the unpredictable chances of courtroom drama, and the doctrine of reasonable doubt—which is, to be sure, a doctrine broad enough to take in the whole expanse of human affairs, philosophically and not legally speaking.

He surveyed the arena, wiping his reading glasses, hoping his eyes didn't look too bloodshot. The prospective talesmen spilled into the rows beyond the press tables. Then the anonymous; and from outside, a beehive snarl of the disappointed, who might dwindle away presently, unless the papers had succeeded at blowing the case up into a sexual circus. Portraits of the dead woman showed a pretty face, but Ann Doherty had after all been a respectable suburban housewife, not a glamor girl. Catering to the perennial hunger for a scapegoat, most of the papers were writing of Callista Blake on a note of hate just inside libel—Crippled Teen-Age Intellectual, Prodigy Girl in the Monkshood Case. But that carried a phony note, for Callista Blake had managed to remain so essentially unknown that so far there was really no one to hate but a paper image. Some voices dissented, too. One sob sister had declared Callista was a woman, with human needs, feelings, a tragic childhood. That writer might have read an article on psychiatry—even two articles.

There were certain letters, from Callista Blake to her lover James Doherty, the last one written about a week before Doherty's wife was found dead—poisoned and drowned. If those letters arrived in evidence over the protests of Cecil Warner, they would demonstrate Callista Blake's humanity more intensely than any journalistic gulping.

Judge Mann had read them, Cecil Warner and District Attorney Lamson present. James Doherty, Lamson said, had handed over the first three voluntarily. The fourth, found in Callista Blake's possession, had not been mailed to Doherty. For Mann, to read them had been like blundering into a private room where lovers clung together with locked loins and tortured faces; like being compelled to watch, afterward, when the woman was alone and wounded with loss. He had skimmed, his mind wincing aside, knowing it was not possible to understand the letters under those conditions. They had not been read to the grand jury. Some passages in them might be construed as admissions of guilt—or not, as you pleased. Warner evidently felt that this notion could be demolished.

As for beauty and glamor, the prosecution would introduce other photographs of Ann Doherty that were no pretty portraits. Old Warner would object routinely and be overruled; the jury would then meet the unmitigated spectacle of a death by drowning. When Ophelia perishes offstage you don't think of post-mortem lividity or foam on the mouth.

"Mr. District Attorney?"

Assistant District Attorney Talbot J. Hunter nodded briskly but solemnly: he was being the man who profoundly regrets what he must do. That had not been altogether predictable. Dealing with professional crooks, T. J. could act downright jolly in a ferocious give-nothing way, often sweeping a jury along. With a tiger's grace, handsome in spite of too much chin and early frontal baldness, Hunter could have been athlete, actor, singer. He was a near-professional with the Winchester Choral Society, having once gone splendidly through the baritone solo in the Brahms German Requiem when the guest artist turned up with laryngitis. Mann, himself a serious pianist, had heard that achievement, and remembered it at times when Hunter's courtroom personality annoyed him: the man could hardly have sung that well unless there was in him, somewhere, the element of compassion. In the law, Mann supposed, Hunter could use and enjoy his musical and histrionic abilities and at the same time make a living. "Call the Blake case!" The voice, Mann observed, was in top form, rich, melodious, and acceptably stern.

"Mr. Warner?"

"The defense is ready." Cecil Warner was standing also, heavy and old, a man listening to other voices though capable of employing his own heavy thunder. The other voices were conscience, tradition, books; overtones of what witnesses and lawyers don't say. The seamed ancient face was fat, the kindness obvious but not the strength. Mann wondered occasionally whether Warner had ever, like Darrow, faced all the implications of a certain pessimism that colored most of his opinions. A fracture imperfectly set had crippled Cecil Warner's left arm in childhood; he could not bend the elbow beyond a ninety-degree angle. And Warner's mind, the Judge speculated, might suffer a similar limitation, never hitting with quite all its power. He would need it all in the next few days.

"The People of the State of New Essex against Callista Blake."

Reasonable words; but as Mr. Delehanty intoned them, the Judge's mind perversely visualized an army of five or six million, uniformed, with rifles, tanks, flame-throwers, advancing in ponderous wrath against one cornered chipmunk with tinfoil helmet and paper sword. Foolish, he knew: the individual was not alone, and faced not the People roaring and multitudinous but merely their representative, who might be no more powerful a champion than his own counsel. Yet the image had pestered Judge Mann before now, and faded in the style of the Cheshire Cat.

At other times he could not avoid the impression that the adversary system was too distressingly close in nature as well as origin to the absurdities of medieval justice, in which truth could be determined by the beef of a hired champion. Were prosecutor and defender today any more concerned with truth than those bumbling muscle-men? Were juries?

And judges?

"Counsel to the bench, please." They approached, Hunter light on his feet, Warner slow and carrying too much weight in the middle. "When we get started, gentlemen, I intend to bear down on the formalities, some. I think it's that kind of case. Anything more we should discuss now?"

Warner's hand rested on the bench. Mann noticed the pale freckles, the frailty of deep-crinkled flesh, blurred rims of the irises of Warner's melancholy brown eyes. Cecil Warner was sixty-eight. "Don't think so, Judge, unless T. J.'s got some load on his mind."

Hunter murmured: "Can't imagine a plea—poison and drowning."

"My God, do you imagine us taking one?" Mann frowned; Warner's anger was rumbling too loudly. "We're here for acquittal. My girl didn't do it. It's that simple, and that's where we stand."

Hunter nodded gravely, courteously, unmoved.

In the night, Terence Mann had felt he was not asking himself the right questions. If as prosecutor he could frame them, allowing rational objections from himself as defender, perhaps as witness (or accused?) he might find answers acceptable to himself as judge, jury, and appellate court. But under torment of insomnia the many selves of the mind may abandon the congress of reason and start a rat-race. And now—well, this was full tide; he could not let counsel stand there wondering what ailed him. "That's it, then. Let the defendant be brought in."

As they returned to their places he sketched on the doodle-pad two egg-shaped boxers: tangled eyebrows for Cecil Warner, for Hunter too much forehead and shovel chin.

A police matron appeared, and a court officer. A hush, then a murmur, each voice swelling but slightly, the crescendo joining others in one uproar that expresses no more than the human need to make a noise under stress. Heads turned, weeds under water. Mann heard the s-whispers, water over sand: Callista Blake—Callissssta ...

She walked with a barely noticeable limp—polio in childhood, Mann recalled from the record. She was also very slightly hunchbacked, her thin pale arms seeming too long. As Warner escorted her to the defense section, Judge Mann saw she wore no make-up, though powder might have hidden the narrow scar that ran from her left ear to her jaw. Dark blue suit and white blouse were neat, unobtrusive, severe. A natural curl held her black hair in lines of grace above a skin of porcelain white.

She was ignoring Warner's arm, and walked alone.

She was nineteen.

Her eyes were the blue of undersea. Mann searched for other compensating beauty—hard to find. High cheekbones, large nose, small abrupt chin, high forehead modified by the curls but still too high. The extreme whiteness of skin made one think of marble, or heart disease. The medical report declared that apart from the unimportant deformity she was quite healthy. And the State's psychiatrist was prepared to testify, following the quaint barbarism of the once useful McNaughton Rule, that Callista Blake was legally sane. As the jargon had it, she knew the difference between right and wrong, the nature and consequences of her acts.

With no word yet, Callista Blake rejected sympathy, dared the world to pity her, indicated a readiness to spit in its eye.

Warner said: "Give the clerk your name for the record."

Mann heard a strong contralto drawl; it might have sounded warm and pleasant at other times: "Which is the clerk?"

Some idiot woman in the back row giggled.

Warner spoke quickly: "Up there, my dear, that's Mr. Delehanty."

The girl glanced casually at the clerk's dapper dignity, and resumed her level examination of Judge Mann. "I am Callista Blake."

Judge Mann opened the record book and wrote: State vs. Blake, Dec. 7, 1959. Eighteen days to Christmas and he still hadn't bought that Diesel train for David, his brother Jack's youngest.... The Blake girl sat down, Warner on her other side where his bulk might partly shield her from the assault of eyes. She moved with grace, the deformity a nothing; the disturbing grace of a wild thing—a cat, a snake, a soaring bird, who makes never one waste motion but appears to flow with no instant of transition known. On the scratch-pad Mann's pencil labored through the fussiness of Old English script:

He said: "If you're ready, Mr. Hunter, we can choose a jury."

The squirrel-cage squeaked. Mr. Delehanty called: "Peter Anson."

The bald stubby man waddling forward looked neither calloused nor hypersensitive. Thirtyish; young enough not to be too congealed in acquired prejudices, old enough to have rubbed off some of the certainties the young must use in place of experience. Mann imagined for him a cute pink-and-white wife, two kids, mortgage, Chevvy. Anson might do.

As Mr. Delehanty called more names, Mann ripped off the top sheet of the doodle-pad, to bury it in the minute-book instead of the wastebasket. Never mind Mr. Delehanty's feelings. Some later page might show only cats, mermaids, stripteasers—he could have that one.

Relaxed and genial, T. J. Hunter spoke to the potential jurors as well as to those first called: "I'm Talbot Hunter, assistant district attorney who will try this case. Judge Terence Mann is presiding. At the other table is Mr. Cecil Warner, defense counsel, and beside him is the defendant Callista Blake. She's not a resident of Shanesville, by the way, though she lived there till about a year ago. I don't think any of you come from Shanesville—very nice town, about three miles beyond the city line." Mann drew a lightning sketch of the Governor's mansion, and wrote: Nice town, but alas, T. J., wrong county! "Callista Blake is the daughter, by an earlier marriage, of Mrs. Herbert Chalmers of Shanesville. Callista's father, Kramer Blake, died in 1947. In 1951 her mother married Dr. Herbert Chalmers, Associate Professor of English at our own Winchester College. Miss Blake lived in Shanesville until July of last year, when she took an apartment by herself here in Winchester—21 Covent Street. Then, and up to the time of her arrest, she was employed by a portrait photographer, Miss Edith Nolan—"

"Still is," said a thin red-haired woman among the spectators.

Mann's rap with the gavel was reflex action. "That can't be permitted." The redhead sat frozen in evident astonishment at herself. It would be Edith Nolan, Mann guessed; he could feel no genuine annoyance. "The Court assumes the impulsive remark just made by a spectator was inadvertent, an accident. Disciplinary action will be necessary if anything like that happens again. All relevant statements will be made properly, at the proper time. Go ahead, Mr. Hunter." A blush flooded the woman's keen homely face; she nodded, no doubt a promise to behave. In the early thirties, tense, intelligent, explosive, but without the look of a crackpot; Mann expected no further trouble there.

Hunter said: "Please search your memories. Are any of those names familiar? Blake? Chalmers? Nolan?... Don't worry if you've read or heard of Mr. Warner. He's a very distinguished attorney. It'd be more surprising if you hadn't heard of him. That's not the sort of familiarity I mean—wouldn't disqualify you."

Mann noted the purloined Warner special. Now if the Old Man tossed his opponent verbal violets he would appear imitative and absurd.

"Other names—Nathaniel Judd, senior partner in the real estate and insurance firm of Judd and Doherty. Ann Doherty—that is, Mrs. James Doherty.... Welsh? Jason? No familiarity? Good." Hunter swept on his reading glasses, which were perhaps clear glass. "This paper I'm holding charges that on the evening of Sunday, the 16th of last August, Callista Blake, at her apartment at 21 Covent Street, Winchester, gave to Ann Doherty, who was about to leave that apartment after a short visit and return to her home in Shanesville, a drink of brandy containing the poison aconite. It charges that within the half-hour thereafter Callista Blake followed Ann Doherty to Shanesville, and found her near a small pond which lies at the edge of the Dohertys' property. It charges that Callista Blake, willfully, with malice aforethought, drowned Ann Doherty in this pond. The State will ask for the verdict of murder in the first degree."

Under spreading silence, words moved sluggishly in Judge Mann's mind—words remembered from the hours when he could not sleep. He had lurched sandy-eyed out of bed, prowled at the bookshelves, settled by the chilling fireplace with a volume of the Britannica and a shot glass of brandy. "The cerebrum is totally unaffected by aconite, consciousness and the intelligence remaining normal to the last."

His diaphragm twisted in a spasmodic yawn. He covered it swiftly, but the reporters would have seen it. He thought: Let them! But he must not start woolgathering. Plump Mr. Anson had folded his arms and declared that he was a plumber by trade. T. J. Hunter was asking: "Have newspaper or radio accounts caused you to give any advance opinion?"

"No, sir, I b'lieve I can honestly say they haven't."

"Have you read the editorials in the Winchester Courier or the morning Sentinel on this case?"

"Well, no, I kind of let the wife do the heavy reading."

Crowd laughter mildly rumbled; Anson evidently didn't mind it.

"Have you ever been the victim of a robbery or burglary?"

"No, sir, never was."

Routine questions continued a while, Hunter relaxed and casual yet really wasting no time.... "Mr. Anson, my next question has been under a good deal of discussion in recent years. Like any good citizen, you must have given it thought. Have you, sir, any conscientious objection to the death penalty?"

"Well ..." The man was unhappy. "I been asking myself that, ever since I got called. All's I can say, if I was certain-sure about the guilt, I mean the first-degree thing, I wouldn't hesitate to vote for the ch—for the death penalty—if I was certain-sure, that's what I'd have to do."

"And you would do it?"

"I would," said Mr. Anson. "Seems—seems only right."

Another yawn assailed the Judge. He groped for causes of his weariness other than lack of sleep. "The world is too much with us—" if too much for Wordsworth long ago, what about now? A tractor-trailer answered the thought, groaning through the street three stories below, a Cyclops in anguish, rattling windows, sending elderly foundations into a sympathetic shudder. Judge Mann wondered if he might be coming down with a cold.

II

Edith Nolan studied eleven faces, and the twelfth now giving the prosecutor stiffly reasonable answers. She wondered if Cecil Warner would dislike, as she did, Mr. Francis Fielding's buttoned-in upper lip. A statistician in the records office of Winchester's biggest department store, forty, consciously literate, rather too good to be true. Edith sensed the fanatic, the acrid mind that must be always right. But such a disposition might harden in favor of acquittal instead of conviction.

Since her tasteless sandwich luncheon, the afternoon had been for Edith a desert of echoes, all voices unfamiliar except Cecil Warner's. Fast work, she supposed, to have a jury almost complete, and the hour not quite four. The heat had been turned higher after the noon recess, the courtroom growing sickly with a mustiness of flesh, disinfectant, dust. Edith's head ached, a dull frontal throb. The hard seat nagged at thin buttocks, unpadded backbone. When Callista looked her way, Edith wriggled and grimaced, trying to add a mild humor to her silent message: Head up, Cal! We're going to win. Briefly, Callista smiled.

Imaginary pressure of eyes at the back of her neck was a misery. Callista's mother and stepfather were two or three rows behind. At the noon recess they had been unwillingly jammed against her in the corridor outside. Mrs. Chalmers would have liked to cut her then, Edith thought, but washed together so in the loud human tide, that hadn't been quite possible even for Victoria Chalmers. The Pale Professor might even have rebelled at it—he was bravely friendly, pleased to stoop in his weedy tallness and shake hands, keeping haunted uncourageous eyes obstinately turned away from the great stone face. And so the Face had talked, pronouncing deadly commonplaces in Victoria's public manner, which always suggested the need of an organ obligato—a spate of commonplaces, all of them somehow conveying the implication that Edith Nolan was at the very least a Bad Influence.

Edith had never discovered much resemblance between Victoria and her daughter, except for prominent cheekbones and uncommonly white skin. Victoria's nose was classically straight, without the irregularity that gave Callista's features an almost Indian cast. Victoria's smoky-pale hyperthyroid eyes somehow lacked alertness, as though she could not be bothered with anything so simple as direct observation. Her hands were stodgy, unalive—nothing there of Callista, and nothing of Callista in her mother's rugged frame and Madam-Chairman chestiness. Edith could picture that bust inflating for voice projection when Victoria was about to read a paper before the Thursday Society of Shanesville—they "did" book reviews and current events. She had met Victoria on her home grounds twice, when Callista had invited her out to Shanesville with wry warnings. At home, Victoria was invincible, a conversational Juggernaut riding over a crumpled evening with every adverb in place.

And yet now, Edith thought, Victoria was probably suffering, in her fashion. She would be regarding Callista's trouble as an unwarranted attack of the universe against Mrs. Victoria Johnson Blake Chalmers; but with whatever strength of emotion remained, with whatever capability of love may exist in a person who must be always right, Victoria would be feeling a genuine distress for her maverick daughter, perhaps also for dead Ann Doherty, even for Jim Doherty. Maybe. Or maybe Callista had been right in the quick, casual, bitter remark that Edith remembered from many months ago: "Something was left out when Mother's chromosomes got slung together—I believe it was humanity."

Or the truth could lie as usual somewhere in the middle. In the noon recess, it had seemed to Edith that she glimpsed flickerings of real pain in Victoria—some kind of pain; under such conditions it might be hard to tell the difference between grief and the pinch of a tight girdle. Then the crowd had thinned enough to let them escape, and Victoria, still resonantly talking nothings, had marched Professor Herbert Chalmers away, a trainer jerking the leash on a shambling mournful Great Dane.

The electric clock behind Mr. Delehanty clicked and twitched, another scrap of eternity chipped off as Mr. Fielding declared: "I have no objection to the death penalty, and would make no exception for a woman."

The bald athlete Talbot J. Hunter stepped aside, and Cecil Warner, wilted and ancient, took over. The Old Man was tired, his questions a mere mopping up of areas Hunter had ignored: Fielding's newspaper reading, length of residence in Winchester; perhaps he just wanted to hear a few more overtones. In this case Cecil Warner—(Edith understood it fully today for the first time)—was not interested in the fee, the publicity, or the abstraction of justice. He was there because, with the curious devotion of an old man, he loved Callista. To use one of his own worn phrases, it was that simple. Since a woman of thirty-one does not live in the world of a battle-worn man of sixty-eight, Edith knew she could grasp the quality of that love from the outside only, with the mind only: enough, to accept the fact. But didn't a defense counsel need some inner coldness to sustain him?

She studied the twelve faces, their names already carved into her memory. She would retain the look of them as vividly as though each juror had sat in her studio under the clever lights while she examined the faults, planes, good points, chatted with them to let self-consciousness and vanity subside, searched for the portrait they wouldn't see, and at last finished her shots—one to please the customer if possible; one, if lucky, to please herself as a frozen instant of relative truth.

Peter Anson—oh, if he were furry instead of bald you could use color film and get a pink panda. That notion was not quite her own, but like something Callista might have said in one of her fantastic moods, more impudent than funny, more funny than spiteful. Anson's chubbiness would be deceptive, his good nature not the kind that he would maintain under serious pressure. His kindness would be limited to what he understood. Beyond that limit, Anson could be cruel.

Dora Lagovski, twenty-four, mammal, housewife. Dora would want to be photographed with a big mouthful of teeth, and you better do it.

Emerson Lake, newsdealer, sixty-five. If not born in a cool pocket of the White Mountains, he should have been. Humanity gleamed in him like an ember under the crust of a clotted briar pipe.

Emma Beales, forty, housewife. Smooth round conscientious face, all hell on civic duty. Never plagued with an original idea, capable of talking both arms off at the deltoids, but not a bad old girl. Edith estimated that she must have made about twenty portraits of Emma every year; it was only in the bad moods that they all looked alike.

Stella Wainwright, thirty-seven, grade school teacher. Her brown hair curved in what Edith decided was a natural wave, not helped by her dowdy muddy-brown dress. The kids probably liked her; she would not be expected to teach them much about the passion and confusion of the world: not for Stella the sweat and garbage, the sunrises and the music of moon-drenched nights, the labors of love, the fields of cornflowers, the screaming in the disturbed ward. They had people to take care of all that stuff while Stella taught social studies. But on this jury Stella would do her best, and it might be good enough.

Elizabeth Grant, twenty-six, housewife. How could life write on a face of dough? Unfair, maybe; nevertheless Edith distrusted Mrs. Grant, reflecting what atrocious cruelty can be accomplished by well-meaning souls devoid of humor and imagination. The woman was opaque, her simplest answers under voir dire examination sounding like quotations from a wholesome family magazine.

Ralph LaSalle, thirty-one, shoe-store clerk. Cecil Warner and Hunter, Edith supposed, would both have recognized the minority he represented. His mask was good, the too-long blond hair and somewhat mannered accent betraying it. Cecil Warner might be counting on LaSalle to show fairness toward a white crow of another sort; Hunter possibly expected him to be hostile toward all women. Both lawyers could be wrong; Edith expected LaSalle to act and think simply as a human being with a good intelligence and rational sympathies.

Rachel Kleinman, housewife, forty-eight. They would be needing Mother Rachel at home; Edith hoped there was a daughter old enough to cook. But Rachel would stay with it; warmth and gentleness were in her; she would not knowingly burn another woman for a witch. And when Edith took the stand, she might look for this woman Rachel to understand why Callista Blake had smashed the heater and poured ice-water into her tank of tropical fish when she knew she was to be arrested.

Emmet Hoag, hardware salesman, twenty-nine. A little bit handsome, Edith noted—like a healthy pig. He would consider himself hell on the women until snared and housebroken by some broad-beamed breeder who knew what she wanted. A born No. 12 sure to go along with the majority: what else could he do? Well, Edith thought in a gust of weariness, he could drop dead.

Dolores Acevedo, secretary, twenty-nine—and actually not over thirty-five. Hair midnight black and skin of honey brown, born to be beautiful and surely knowing it with a simplicity too placid for vanity. By rights Dolores should be a rich man's mistress, maybe was. Edith also guessed that anywhere outside the region of sexual competition Dolores might be generous and kind, even very kind—and admitted that it was no more than a guess. For that matter, would a woman as outrageously lovely as Dolores ever get far enough from the sex arena for other elements of her nature to dominate? Nothing cold or contrived about that kind of beauty—warm as tropic night, Dolores. Yet she might also think, and reason, and be kind—she just might.

Helen Butler, fifty-two, gift-shop proprietor. And a Sunday painter, Edith doubtfully remembered. She had met Miss Butler a few months ago, when prowling the gift shop for book ends. Callista had not gone along, and Edith recalled she had not given Miss Butler her name, though they enjoyed a quarter-hour of small talk. Books mostly; some deprecating mention by Miss Butler of her landscape painting, or was it still life? Nothing in that to make the lady disqualify herself from the jury, if she remembered. A salty spirit with independent opinions, laughter wrinkles at the eyes, unmalicious wit. A bit old-maidish, maybe no great force of character. But intelligent, moderate, good.

They were the Twelve.

Edith looked again at the slight and silver-templed man in black. No schoolmastery fuss from him at that bad moment of the morning when impulse had betrayed her into speaking out of turn. Even a kind of friendliness behind the rebuke he had been forced to make. He would be harder to photograph than any of the jury, or ambitious Hunter. Harder than anyone present except Callista herself, and Cecil Warner who had posed for Edith in actuality a year ago.

And Cal had drawn one of her three-minute cartoons of Warner, which delighted the Old Man—their first meeting. Had he adored her then? Why, then, a year ago, Cal's ordeal of love with Jim Doherty had not even begun. It occurred to Edith that for the human race a magic power of foresight would be a burden unendurable. Fair enough to guess, and plan within limits, but no one should ever know to a certainty what will happen in the next hour, or day, or year.

The time might arrive when Callista would be forced to know that—or perhaps almost know it, and be tortured by a series of meaningless reprieves. In Salem, less than three hundred years ago, they had crushed Giles Corey to death by gradually adding rocks to the pile on his breast. Edith warned herself sharply: Stop that!

Cecil Warner was moving away from the jury box, straightening his round shoulders with a tired twist. "Thank you, Mr. Fielding. May it please the Court, the defense is satisfied with this jury."

Mr. Delehanty announced: "The jury will rise." In Mr. Delehanty's pocket a gleaming triangle of handkerchief shone, still perfect, spotless at the weary end of the day. And the jury was standing.

Graceless in the group and clumsy, they mutely apologized to each other for their elbows, raised their hands for the burbling of Mr. Delehanty of the perfect handkerchief. They swore. Too much finality. A true verdict render?—but what is truth? No, too much. Behind the half-comic front, too vast a thing for the Hoags, Lagovskis, Kleinmans.

But, Edith thought, that's how it's done. And we persuade ourselves that what we wish to call truth may emerge from it. We accept the ludicrous fancy that you multiply wisdom when you multiply one by twelve.

Mr. Delehanty laid down the Bible. Flushed, important, the jury took their seats. The prosecutor stood. Edith's stomach twisted. She bent forward, covering her face. Too much.

She thought: But I know Callista!

Frail, damaged, miraculous body; wild, difficult, exasperating, wholly irreplaceable brain that understood, needed, desired so much—everything that was Callista could be and might be charred to rubbish, to satisfy the mythology of a still vengeful and superstitious race. Surely not even guilty; but if she were—

Edith knew then that the same emotional storm would have struck her if she had believed Callista Blake guilty of this and a thousand other crimes. A storm including personal shame and horror at taking part, if only by silent presence, in an act of barbarism.

What are we doing here?

III

Cecil Warner turned toward the cold gleam of the courtroom window; an eastern window, the winter sunshine long gone. In the morning he had watched a glint of the sun on Callista's black hair, and on the polished bleakness of the table where her arm rested. The daily journey and decline of the sun affected him more deeply now than in past years, left him irrationally disappointed on the gray days, less willing to accept the approach and arrival of night. On such days, or at the tired conclusions of winter afternoons, the age of his body oppressed him—as now, when he turned his heavy head and felt a wobbling sag of cheeks, unwilling droop of eyelids, slight but irritating deafness, uncertainty of his powers. And in all activities between foggy waking and not quite desired sleep, a fading, a knowledge of relinquishment. If his eyes sought and cherished (as now) the delicate swell of Callista's breast, his mind said: My hand will not follow that curve, not ever. Or it said: Even the inner and almost hidden love that keeps the spirit alive and sometimes strong and sometimes angry—even that is only for a little while.

T. J. Hunter was up on his feet being stately and important. Warner advised himself: he must not, would not fall into the dangerous error of hating or even disliking T. J. Enact hostility, yes, whenever it might have a useful effect on the jury—enact anything at all, from sputtering rage to glacial contempt—but don't feel it! He could not afford to feel it, without a far more flexible control of his private emotions than he now possessed: much too easy for an angry man to look like a fool. And yet not hating T. J. was going to be intolerably difficult at times; for Callista could die, and T. J. was after all a good deal of a bloody bastard.

Hunter said: "Your Honor, I see it's getting on to four. My opening will be brief. If agreeable to the Court and Mr. Warner, may I make it now?"

Behind his mask Warner felt flustered and unready. He could protest; Terence Mann would obligingly call an early adjournment; Callista would have some rest, if you could give that name to her unknowable hours in the detention cell. The advantage T. J. probably hoped for, in having the jury sleep on his opening masterpiece, might be no advantage at all—a jury can forget impressions as well as facts.... Startled, he realized that Terence with his curious courtesy was deferring, looking down from the bench with harmless reminders of a ten-year friendship in his face, waiting for the defense to speak first. He said: "My client is very tired. However, I assume from what Mr. Hunter says that his opening will not run much past five o'clock—is that correct?"

"I'm sure it won't, sir. I only intend to summarize, to outline what the State expects to prove."

Sir from you?—gah! "In that case, the defense has no objection."

"Members of the jury, Callista Blake is the daughter of an artist, by all accounts a loving father, who died when she was seven, and a lady who is known to a wide circle of acquaintance as a devoted wife and mother. This lady, and Callista's father and stepfather, gave the girl a careful, decent upbringing. Callista's stepfather Dr. Herbert Chalmers of Winchester College is a distinguished man, author of a textbook in English widely used in the secondary schools. Her mother is active in the Presbyterian Church, past president of the Shanesville P.T.A.—in short I know of nothing in this girl's history or family surroundings to account for her present situation unless you attach more importance than I do to certain childhood accidents. As a baby she got a nitric acid burn, later repaired by plastic surgery. She had polio, which left her slightly lame, very slightly—as you can see, Miss Blake is not disfigured, and not at all unattractive. And don't we all know of cases where ugly accidents have happened to children without turning them against the human race?

"What are the origins of crime? Does anyone know? Psychiatrists? Well, the State is prepared to offer psychiatric testimony, if the defense elects to do so. I can't see the necessity myself. I can't imagine an insanity defense being made here. I think it's a case where the individual must be held clearly responsible for a wanton and cruel act, the one act that strikes most dangerously against the welfare and security of human society: namely murder. It was, and the State will prove it, a murder motivated by sex jealousy, but obviously not in any gust of passion. No, it was coldly premeditated, planned, and heartless."

Warner fought down the perilous anger. This was simply Hunter's opening barrage. I can roar, too. Yet he wished that without disturbing her by a touch he could will Callista to look toward him for comfort. He checked an impulsive motion of his hand. Still-faced, she was watching a spot on the wall above the gaunt grim skull of the juror Emerson Lake. She would turn to him and listen if he whispered, maybe even smile. But it might be that she needed those withdrawals, a kind of rest.

"In 1950, Mrs. Blake and her daughter Callista moved from New York City where Callista was born, to Winchester. Mrs. Blake was employed in the Registrar's office of Winchester College, and there met Dr. Herbert Chalmers; they were married in 1951. Dr. Chalmers had bought a Shanesville property a few years before—1946, I think. Callista lived there till she graduated from the Shanesville High School, Class of 1958—with high honors by the way. Dr. Chalmers wished to send her to college. She is a girl of exceptional intelligence, and don't forget it." (So, T. J.? She's on trial for unauthorized possession of a brain?) "But immediately after graduation, Callista Blake preferred to seek employment, and found it as an assistant in a photographic studio—Nolan's, on Hallam Street here in Winchester. Well, Dr. and Mrs. Chalmers have always wanted to satisfy any reasonable wish of Callista's." (Have they?) "They offered no objection to her taking this job. In fact for her eighteenth birthday, July of last year, Dr. Chalmers bought her a car of her own, a Volkswagen—it will be important in the evidence."

Important enough, Warner admitted. If there were any way to deny or even cast doubt on Callista's presence out there in Shanesville that night—but there was not. Callista herself would not have it so. On the stand, he knew, she would tell the truth so far as she knew it—the whole impossible clouded story that left her no defense except a reasonable doubt as to criminal intent. And if she did not take the stand, there was no defense at all.

"In that same month last year, July, Callista took an apartment in Winchester, at 21 Covent Street. Again her family indulged her and made the best of it." Indulged, you fool? It had been Callista's own money from her father's estate, plus her salary from Edith. Warner felt some wry pleasure, although it meant nothing, really, except an opportunity to rub Hunter's nose in a minor blunder. "There was no break in the family relation, members of the jury—so far as we know. We assume that like many parents, they simply wanted the child to have what she wanted." (And now, T. J., do you think you can transform her from a child into a woman fit for burning?)

"Another family is involved, a family now broken up by murder. When James Doherty, originally from Massachusetts, met and married Ann Pierce in Philadelphia, he was twenty-seven. He had served in Korea, finishing college on his return. They were married in 1955, and moved to this neighborhood. Mr. Nathaniel Judd of Winchester is the father of a friend of James Doherty's killed in Korea. Mr. Judd grew acquainted with Doherty through correspondence, and in '55 offered him a partnership in his real estate and insurance firm, now Judd and Doherty. In the spring of '55 the Dohertys purchased a house and land in Shanesville township adjoining the Chalmers place. I think Ann Doherty was a happy young wife that year. She started a flower garden."

Callista had a garden too; she poured ice-water in it. Warner glanced up to the spectators' benches, looking for Edith Nolan, feeling a warmth for her that puzzled him by its sudden increase. He supposed one got the habit of taking Edith too much for granted, of turning to her in trouble or weariness (Callista had done it too) without remembering that Edith also was vulnerable, quite as likely to be in the grip of fatigue or sorrow. Edith would be remembering that magical water garden, the emerald illusion of infinity, the darting, shifting arrows of living light that could not move without grace. His first sight of it had been about a year ago, an invitation to the little apartment at Covent Street soon after Edith had done his portrait and Callista's rapid pen had drawn that strangely affectionate cartoon of him, comedy without spite; as if at eighteen the girl could incredibly glimpse the quality of sixty-seven and find something there for the unhurtful entertainment of both of them—and of Edith, who had remarked laconically: "What the hell good is a camera?" Well, he thought, many thanks to the human species for Red Nolan, and he would send her flowers tonight and take her out to dinner like a boy with a date and why not? Never mind the boy—he was dead long ago: take her out like an old man still capable of friendship with a lively, tender, witty woman who understood friendship herself.... Edith met and acknowledged his look across the anonymous crowd—yes, she would be remembering that water garden, and its end, untouchable beauty transformed to a pathetic mess for the janitor to remove.

Two rows behind Edith he saw without pleasure the angular haunted features of James Doherty, and the opaque calm of the black-clad man on Doherty's left. It would be Father Bland's habit, Warner supposed, to show at all times that careful benignity smooth as quartz. Without pleasure, without much interest, he wondered in passing how it felt to be certain of one's own serene rightness.

Hunter's noise—oh, geography. Giving them the lie of the land.

"Those properties are on the outskirts of Shanesville proper. You go out Walton Road about three miles beyond the city line. There's a fork, and the right branch, Summer Avenue, reaches the village limits of Shanesville in a mile; Walton Road runs on south to Emmetville, Pritchett, other towns at the south end of the county. The Doherty place is near that right-angle fork of Summer and Walton, back from the road, its drive opening north on Summer Avenue. The house itself stands about a hundred yards west of the fork. The Chalmers house is south of Dohertys'—entrance on Walton Road about the same distance from the fork. Except for not very heavy traffic, the region's isolated. Peaceful. Closest neighbor is about a quarter-mile down Summer Avenue from Dohertys', a Mrs. Phelps Jason, who manages her twenty-acre place as a wild-life sanctuary. The back land behind it is unused pasture and woods belonging to the Chalmers property, which used to be operated as a farm.

"The Chalmers and Doherty houses are separated by a grove of trees that reaches all the way to Walton Road. On the west side of Dohertys' the woods are continuous, except for Mrs. Jason's place, to Shanesville. You can think of the Doherty place as a pocket cut out of woodland. The two families used a winding footpath through the grove for visiting back and forth. And you must imagine the region as it is in summer, leafed out so that the two houses are quite hidden from each other. Maple, pine, hemlock, oak—some very big pines at the edge of Walton Road.... In the grove near the property line there's a natural pond, fed by a brook from the Chalmers back land. Its outlet runs through the grove, into a culvert near the fork of the highway. The pond is small, oval, fifteen feet across at the widest, less than five feet deep last August because of several weeks of drouth.

"From the spur path or the pond, you can't see either house in summer. On the night Ann Doherty died there, it might have been possible to catch a glint of light from the Chalmers house, through the leaves. A hazy night, hot, a nearly full moon shining through the overcast. A still and oppressive night."

And that night, Warner remembered, the night of Ann Doherty's death and of Callista's longer and stranger ordeal, he had been at Mrs. Willoughby's discreet establishment on River Street, sharing a well-perfumed sheet with one of her young professionals. The memory remained clear because there had been no more such nights since August; the many other nights of hired love stretching back across thirty-odd years tended to blur and run together—here and there a face remembered, a word, a special instant of intensity, annoyance, amusement. The night in August had been delightful; relaxed, no attempt to achieve a counterfeit of youth, and no wish for it. Leisure of a sort was possible—it ought to be, at Mrs. Willoughby's rates!—and the girl, small, brown-eyed, pert, had been convincingly friendly; more so, once she understood that the Old Man, in spite of being sixty-eight and too fat, didn't care for elaborate variations but wanted only the bread-and-butter-steak-and-potatoes of natural intercourse. They had talked a while, he recalled, she comfortably smoking, braced up prettily naked on a thin elbow and chattering—perceptive enough, by the way, not to call him Daddy.... There might be no more such nights: a final recession of the need, or perhaps a suddenly yielding blood-vessel, a cancer taking over, a tumble in a slippery bathtub—never mind.... He could almost remember walking home from River Street (thinking very likely of Callista), but it must have been after the moon was down. A hazy night—"Out of the cradle endlessly rocking—"

T. J. Hunter was still pausing over a drink of water. Warner remembered—old things mainly, their intensity dissolved by distance in time; remembered, under the illusion of detachment that can make existence appear truly like a river, yourself able to look back upstream at nearly forgotten vistas: trees, meadow and town, eddies, dubious shoreline, floating trash. Warner shielded his face with his hand, closing away even Callista, as he had found he must sometimes do.

Boyhood was the sound of ocean, medicinal reek of kelp washed in on the night tide to wait for bare feet and a poking stick. It was the breakers, green ridges advancing out of the ever-distressed Atlantic and growing a snowy froth, never pausing yet seeming to pause when the froth spilled over the crest. Then a toppling, crash, inward flow. A receding; a mysterious acceptance of an end, soft hiss and sigh and aftermath, swirl of light water become thin and harmless on the sand.

Boyhood was fishing boats and Montauk Light, gravely busy clam-diggers, Manuelo whom Cecil wasn't supposed to play with. It was the unseen journey of hollow-voiced titans in the fog; pressure and majestic riot of storm. It was an afternoon of watching the disappearance of an unknown sail over the southern curve of the earth. School, too. Helpless rage at long division; Papa's dry-goods store that was always going to do a little better next year; Manuelo in the empty boathouse showing off how many times he could do it in half an hour; Great-aunt Harriet who turned up every Thanksgiving, who liked to announce abruptly out of her world of deafness that she'd been in Ford's Theatre when Lincoln was shot—then she would read lips a minute while the company hollered how wonderful that was, and then, eating loudly and cheerfully, she would slip back contented into the mist of ancient times. Boyhood was windy nights, and surf hammering the muffled drums of sand a quarter-mile away; stillness also in the dark, and moonlight pouring into another midnight of black water. Tide inexorably rising to clean away the dead jellyfish and driftwood, blotting out barefoot stories written on the low-tide beach; clear sunshine over the whitecaps; and long gray days.

Out of the cradle endlessly rocking,
Out of the mocking-bird's throat, the musical shuttle,
Out of the Ninth-month midnight,
Over the sterile sands, and the fields beyond, where the child, leaving his bed, wander'd alone, bareheaded, barefoot ...

He had been twelve—anyway it was soon after Mother died—when he discovered Whitman. One of the volumes chastely silent behind glass, in the parlor over the store, undoubtedly a book of Mother's. Carried off to his room and secretly saved from disaster when his stepmother dismissed all the books in the parlor that didn't have pretty red or brown bindings. The fury of that ancient wound stirred. At sixty-eight, Cecil Warner smiled slightly, unknowingly, and shifted in the disagreeable courtroom chair to ease a discomfort in his defective left arm.

So much, so many million other images, reflections, happenings, accidents, in the forty-nine years of the river's journey before Callista Blake was born, the nineteen years since then! None of it (said the doctors) totally forgotten. "I, Cecil, take thee, Ellen...."

He remembered making the necessary uproar about his bad arm's disqualifying him for military service; most of it sincere enough too, in spite of a deep private happiness with his young wife. He remembered damning the Kaiser. The murky spooks of Stalin and Hitler bulked so much larger in the years between, in front of them the mushroom cloud—hard to reconstruct true images of 1917. Then 1918, and influenza, and Ellen dead. She couldn't be—not abruptly, incomprehensibly gone like that; but she was. He returned half willingly to a winter day of 1959.

At sixty-eight it is possible to look ahead—some; to form a purpose, with caution, remembering that if you don't make it, they'll say charitably: "Think of that! Sort of getting on, wasn't he?"

He would not drink tonight. Well—dinner with Edith, maybe (and flowers), so maybe a glass or two of wine, nothing more—

Never more shall I escape, never more the reverberations,
Never more the cries of unsatisfied love be absent from me,
Never again leave me to be the peaceful child I was before what there, in the night,
By the sea, under the yellow and sagging moon,
The messenger there aroused—the fire, the sweet hell within,
The unknown want, the destiny of me....

T. J. Hunter dropped the folder of notes he had been studying, possibly for effect, and turned back to the jury.

"In May of this year—the State will prove it—an illicit relation developed between Callista Blake and James Doherty, the husband of that Ann Doherty whose death, as you know, is the reason for this trial. Not to mince matters, the word is adultery, and I must remind you now, members of the jury, that Callista Blake is not here on trial for adultery. She is on trial for murder, nothing else. The State will prove the fact of adultery to establish motive—which, as you may also know, is not legally required, yet I think a rational mind is bound to demand it. How can we reasonably condemn anyone without at least some understanding of what made him act as the factual evidence says he did?

"I want to make one thing clear. In a case of this sort the husband is automatically suspect, the chance of conspiracy so obvious that the police would be derelict in duty if they didn't examine it to the last scrap of a clue. That's been done. If anything at all had been uncovered involving James Doherty in this crime, you know he would not be at liberty. Nothing of the sort has been found; everything points the other way. He decisively broke off the affair more than a month before the murder. He tried to make amends for his folly. The State is convinced that in the death of Ann Doherty, Callista Blake, consumed by hatred and jealousy—and by a certain fear for herself, since she was pregnant—acted entirely alone.

"I am sorry for her—who wouldn't be? You will be. Her difficulty was great, her position tragic. But as the State's representative, I remind you that instead of the many fair and decent solutions for her trouble that she might have chosen, the one she did choose was premeditated murder.

"On the evening of Sunday, August 16th, Ann Doherty called at Callista Blake's apartment, 21 Covent Street, leaving at 8:30. No third person was present, no one knew she was going there except Callista Blake who, by her own admission, had telephoned and asked her to come. James Doherty had gone to New York City by train the morning of that Sunday and did not return until Monday evening.... Before leaving Callista's apartment, Ann had a little drink of brandy for the road. It was poisoned, with aconite.

"On her way home, Ann was stopped by a state trooper because her driving was a bit erratic. The trooper dismissed her with a warning, and then followed her home because he thought she might be ill, felt uneasy about her welfare till he saw her drive in safely at her house on Summer Avenue—8:43 by his notebook. This trooper, Carlo San Giorgio, is the last person known to have spoken with Ann Doherty before her death. He will testify.

"At 9:10, less than half an hour after Ann reached home, Callista Blake's Volkswagen was parked on Walton Road, between the fork and the Chalmers house, hidden by the trees. At 9:40, another half-hour later, Callista Blake drove that car part way into the Chalmers drive, backed out and drove off in the direction of Winchester—no stop, no visit to her mother's house, just in and out and away.

"Ann Doherty died, by drowning in that pond in the woods, between quarter to nine and quarter to ten; this we know from medical evidence. We have excellent circumstantial evidence for most of Ann's actions after San Giorgio saw her reach home. She stopped her car in the driveway, off the gravel, almost colliding with the front porch. She turned off headlights and motor but left the car door open. Her key ring, with house and car keys, fell by the porch steps. She dropped her handbag on the path leading through the woods to the Chalmers house. Aconite causes numbness of the extremities, nausea, thirst, general muscular collapse, but usually no impairment of the intelligence. Evidently Ann's mind was at least clear enough to remember her husband was away, and the nearest help in her sudden sickness would be at the Chalmers house. She probably couldn't recover the key ring after her numb fingers dropped it, and that's why she couldn't get into the house and reach the telephone. She had locked up when she left, her custom whenever Jim was away.

"Coming down that path, Ann fell several times, she vomited, she lost one of her shoes. She fell again, half-way down the spur path leading to the pond. Why did she go that way, and not straight on to the Chalmers house? We don't know, for certain. Took the wrong turn in the moonlight, being sick and confused?—possible. She was found in the water, drowned. Stumbled and fell in, couldn't get out?—that also is possible, remotely possible. Admittedly the circumstantial evidence is imperfect at this point, and it's one of the questions of fact that you, members of the jury, will be called on to decide."

Grim, slow, brooding, Hunter returned to the prosecution's table for another sip of water, and Warner's gaze wandered to the face of Judge Terence Mann. What are you going to do to us, Terence?

In a sense, the Judge would do nothing. Warner assumed without reservations that the quiet introspective man up there would try his best to preserve an ideal impartiality. It seemed to Warner that Mann was almost devoid of vanity, incredible as that might seem in a judge. No fanaticism in Terence Mann, no insistence on the rightness of a view because it was his own, no false identification of self with idea. Incredible until you remembered that Terence was a judge more or less by accident, an interim appointment later confirmed by an election in which he had peacefully refused to do any serious campaigning.

Warner recalled their first meeting ten years ago, soon after Mann had been appointed special prosecutor for an investigation into county road construction frauds. The rats were running, and Terence, a youngish thirty-seven, appeared to be enjoying it. In the book-leather and walnut surroundings of Mann and Wheatley, Terence had looked at first like a revised version of his uncle Norden Mann who had died the year before. A superficial resemblance. Old Norden had been a born pettifogger, loving legal labyrinths for their own sake. Terence, skeptical, a bit sharp, would look for the simplest way to pass through a labyrinth and come out on the other side. Terence had served his apprenticeship in Norden's firm, re-entering it after his discharge from the Army. Until that graft-hunting appointment no one had heard much of him. Warner had gone to the office on Wilson Place off Main Street—"Lawyers' Hollow"—for a luncheon engagement with Joe Wheatley. Terence had been halted for a handshake, and Warner had fallen into a pose he could not always avoid: the aging lion. Terence wasn't scared. "Do you intend to be a famous prosecutor? Scourge of the unrighteous, huh?"

The loaded questions—they came out too, Grandfather roaring. Terence hadn't minded. "No, sir, I don't exactly see that ahead of me." No word of what he did see. Later they met at the University Club and began a more relaxed acquaintance over a few drinks. Then an invitation to Terence's apartment that became an evening of Chopin and Bach. Music was an aspect of Mann's life unsuspected, discovered by Warner with the abruptness of an opened door. The lawyer vanished; the hands were "beyond technique"; the keyboard voice spoke with the authority of intense feeling governed by insight.

And Warner recalled another meeting with someone else, in an almost empty bar, a few days after the election that confirmed Terence Mann in office. Idle for the afternoon and in a cool beery mood, he had glanced down the damp mahogany and noticed a sagging red-veined blob, the face of Boss Timmy Flack of the Third Ward—who, in a way, was the politics of Winchester, the half-submerged and partly useful human force, neither honest nor demonstrably a crook, The Man You Went To See. Himself honored and ancient, professionally secure, in any case seldom giving a damn what others said of him or of the company he kept, Warner had moved down the bar and bought Timmy another drink before The Man could buy him one. "Hear tell we got a new judge."

"Uh-huh."

"Happy, Timmy? Civic virtue and so on?"

"Shit."

"If not happy, what are you going to do about it?"

"You needling me, Counselor?"

"Little bit."

"What the hell's anybody going to do, now he's in? The son of a bitch doesn't want anything!"

Which was certainly not true, but just as certainly true in Timmy's sense. And Cecil Warner understood that he now feared Terence Mann only because Terence's mind demanded demonstration, when a demonstration of relative truth may be more arduous than any labors of the gods.

"Yes, she might have stumbled and fallen in. The State contends this is not probable. You will of course hear all the evidence that has led us to this conclusion. The State contends that Callista Blake followed Ann Doherty, searched her out, found her there helpless on the path, dragged her the rest of the way into the water. Perhaps even held her under, the way you might drown an unwanted kitten."

Chilled by the voice in spite of forty courtroom years, Warner saw Callista gazing down at her fingertips, frowning slightly as if bothered in the midst of concentration by an irrelevant uproar in another room.

"On Monday, August 17th, Detective Sergeant Lloyd Rankin of the Winchester Police was sent to Callista Blake's apartment, acting on information received from the State Police at Shanesville. The poison aconitine was found there, in two forms—in an opened bottle of brandy, and in a canister that held chopped-up monkshood roots, the source of aconitine, steeping in brandy. The State will prove Callista's opportunity to secure monkshood roots ten days earlier, from her mother's flower garden in Shanesville.

"The State contends that Ann Doherty could not have received that poison by accident. The State contends that Callista Blake gave it to her with malice aforethought, with full intent to cause her death. The State contends that the final act, the drowning, was done by Callista Blake, and that she is guilty of murder in the first degree."

Hunter was sitting down and mopping his face. Warner discovered that he himself had risen, for now his body was wavering in vertigo and he must grab the back of his chair and wait. The clock hands stood at three minutes past five. The Judge was gazing distantly down the slant of an unmoving pencil. "Your Honor, a word before adjournment if I may?"

Terence's voice was soft and friendly. "Certainly, Mr. Warner."

"The defense will waive the opening. At this time, before evidence, before the jury has had opportunity to learn the truth, I have nothing to say except that my client is innocent."

Whereto answering, the sea,
Delaying not, hurrying not,
Whispered me through the night, and very plainly before daybreak,
Lisp'd to me the low and delicious word DEATH ...

IV

Judge Mann followed Joe Bass to the elevator that clanked them gravely to the relative holiness of the sixth floor, where Mann's chambers occupied a corner with a north view. The windows were dark, under a windy spatter of unexpected rain. Mann glimpsed gold blurs of downtown windows, white hurry of headlights, a flow of them two blocks away at the corner of Main and Court, Winchester going home to suburban bedrooms. "Nasty night," said Joe Bass. The red eye closed, the green eye opened; a file of wet bugs poured up the Court Street hill. "Going home directly, sir?"

"I think so. You were in court, weren't you, Joe?"

"Yes. I ducked out before the end of Mr. Hunter's speech. Did Mr. Warner waive the opening?"

"More or less...." Joe Bass never hovered, or clucked. A sure instinct had told him Judge Mann preferred to light his own cigarettes. But he did not like to be dismissed before the Judge went home, preferring to read or meditate in the anteroom until any hour of the night. He had not much to go home to—a boarding-house bedroom uptown, his wife dead, children married and gone. "I wish Mr. Warner would cut down that belly. Too much work for the heart at sixty-eight."

"Sixty-eight, Judge?—I hadn't realized." Joe chuckled faintly in the shadows. "I'm sixty-seven. Apropos of old age, I took the liberty of browsing through your Thucydides a while ago—have the same paperback edition at home, and very good, I'd say—may I?" He was already drifting to the bookshelves. For Joe, there was always a quotation. It seemed to Judge Mann that this was at least the magpie instinct at its noblest, for Joe did not gather them as random bright beads, but for personal use and to be shared. "It's from a speech of Pericles at the funeral of those who first died in the war—and I wonder sometimes if the Peloponnesian War wasn't as great a disaster as the latest? If the Greece of Pericles could have survived—well.... Here it is: 'As for those of you who are too old to have children, I would ask you to count as gain the greater part of your life, in which you have been happy, and remember that what remains is not long, and let your hearts be lifted up at the thought of the fair fame of the dead. One's sense of honor is the only thing that does not grow old.'"

Judge Mann thought: What of one who dies young?—a child hit by a car? Ann Doherty? What of one who dies young by act of the State, with no fair fame? "I think, Joe, we've become a more complex people."

"Aren't the essentials much the same?"

"Not quite. I think there's even a new humanitarianism, new in the last hundred and fifty years. In the time of, say, Edmund Burke, there was still officially approved slavery even in England, where they got rid of it before we did. Hangings as public entertainments. Cats burnt alive for fun on Guy Fawkes Day. The modern stomach pukes up that sort of thing. Alongside the mushroom cloud, the decade of insanity that was Hitler's bloom, the damned impersonal devices for butchering unseen millions by throwing a switch, you try setting up the way people actually live, or try to live, from day to day: there's a difference. If the difference means as much as I think it does, if we get through another hundred years without blowing up the planet, modern medicine should have a great share of the credit." Joe looked puzzled. "In a time when any bad sickness or injury was probably a death sentence, a general fatalism would be almost unavoidable, don't you think?"

"Mm, yes."

"Cruelty and beastliness got taken for granted. If we value life more now, it's because we know more about maintaining it and reducing its miseries. It doesn't have to be 'nasty, brutish and short.'"

"'One's sense of honor'—I liked that part."

"Other things don't grow old. Knowledge. What you learned as a child is with you at sixty-seven. Some kinds of love remain young, so long as the body can support our curious brains where love is born."

[2]

It is extraordinary that a system hoary with age, extravagant and wasteful to the highest degree, should not be supplanted by some method of getting at facts directly, and having them passed on by men who understand the controversies that they seek to solve.

CLARENCE DARROW, The Story of My Life

I

The wolves sat on their haunches, or stood, or crouched belly to earth with snouts on forepaws, while others maneuvered in the shadow beyond the tree-border of the clearing. On the other side of that border spread such a blackness as the mind imagines for the sea a mile down, yet here and there it was relieved by the gray of stone; everywhere, also, a coldness. Grayness in the clearing too; no flowers, nothing of the sun, but phallic-bodied toadstools and a ground-vine twisting a serpentine life among scattered rocks. Callista remembered being told that someone had died in there, in the blackness where no one could see it happen. The wolves would have eaten the body.

The wolves were old, possibly several thousand years old. "A geeolawgical malformation," said the child in her lap, speaking with precocious insight.

Callista moved her hand with its dangling bracelet over the fine black hair, tiny ear, bony shoulder, indistinct body. Her intention was a caress; likely the child knew it. She grew interested, not urgently, in learning the child's sex. What was the difficulty?—not a diaper. Apparently the little thing possessed only a negative pink blank between skinny thighs, like the crotch of a plastic doll. "The Merican Ideal," said the brat, rolling china-white eyes. "See?"

"Well, shut up, darlin'," Callista said. The wolves had crept closer during her preoccupation. Such was their habit (she had been told) if you neglected to look them straight in the eye. She watched them in contemplative pain resembling fear, and they continued moving, slowly, a stirring and gliding that seemed aimless until Callista understood one of them was being pursued, a thin bitch wolf, scar-faced, nearly black, with a crooked leg, devil-eyed but in her demoniac way pathetic. Callista was moved to remark: "Hasn't a chance."

And yet, poor beast, her own wickedness was plain. You could see the drip of poisonous saliva from her mouth, and the fetuslike thing impaled on a lower tooth—it couldn't be her own, so she must have stolen it somewhere. No wonder they were after her. Serve her right! (Or if the fetus was her own she ought to have taken better care of it)—therefore one could understand the primitive justice of it as the gray jaw of a pursuer hooked over her narrow rump. His hind legs massively firmed themselves. Callista could observe the sudden scarlet erection, sense the weight of the one lifted gray indifferent paw; but he did not swing about to rear up and clamp her loins, he merely held her in the angle of his jawbone and under that paw while others closed in to slit her throat—she womanly now lying on her back as a clean white fang thrust out of a surgical mask to run deftly down from the throat along the mid-line of the body, opening up the internal apparatus not for eating but for a better clinical view.

"Like a theater Oh-doctor," said the child's intelligent profile in Callista's arms. Someone said: "Gentlemen, this is the pancreas—a remarkably pancreative bitch to be sure, aware of nature and consequences. Notice the inadequate uterus, a primipara yes yes, but evidence of miscarriage early in term—and by the way, Potter's Field is bungfull of that type."

"I resent that," Callista said. Able now to pick up the child and walk away with her through the woods where all light was granite-gray, she did so, seeking her father to show him a long overdue report card on progress in pancreation. The little girl—naturally, a little girl, with that lyre waist and tumbling hair and dainty genital groove—said to her: "I am so sorry, Callista Johnson Blake, I have to stop here and paint a picture. Can I look at that thing?"

"I got my paw stuck in it."

"Irrelevant," said the little girl. "Incompetent Callista."

"All right," Callista said, and walked away from her through the grayness, uncertain whether she could find her father. He sat (she thought) behind a gray screen, by a lighted window. "Daddy, please!—"

Now the bracelet on her wrist had caught, snarled itself in a tangle of black vines, and Callista called: "Daddy, I can't seem to fix it. Can I go now?"

She could not go, because in front of her beyond the vines were the two doors, so very nearly alike, and someone—NOT Daddy, because Daddy NEVER said anything so unkind—someone said: "It's one or the other."

Callista tried then to scream with all her power: "Daddy! My back hurts—" nothing in her throat but a mumble, hardly even that, a scream in silence without breath: "Daddy! Please come—my back hurts—"

Callista sat up drenched in sweat that soaked her pajamas, and shivering. No relief at first, rather a frustrated anger, since in another moment her father might have been able to hear and answer. Comprehension then; reorientation; qualified relief—Is waking any better?

It was, of course. Steadier, anyway. The familiar exchange of selves: What I was in the dream, I am not; what I am, I was and was not in the dream.

The grayness before her eyes yielded the image of a cross, and a second horizontal bar grew visible—there all the time. A window, the same one through which yesterday, by straining on tiptoe to the limit of pain, she had succeeded in watching the wheeling of doves. The same effort now would give her the field of winter sky before dawn. If the rain had stopped, a few stars incorruptible, indifferent.

She did not rise, but pulled her feet under her for warmth and drew closer the scratchy antiseptic-smelling blanket. At this hour the cells were quiet. Another prisoner snored, probably the old woman who had been brought in drunk last night, her high defiant monotone of obscenities temporarily hushed.

A few months ago Callista would have reached for the notebook by her bed to write down what she could recapture of the dream. Edith had wondered if all that intensive reading in psychology wasn't too one-sided, introspective-making. "Maybe, Cal, you ought to be meeting people more and thinking less about their insides." But to meet one person is to meet a thousand selves; and it seemed to Callista that she had remained critical, as Edith probably feared she wouldn't. "Cal, I wish you had more counterbalance, too, for those psychologists in print. I've read them. They don't look out of the windows enough. Why not contrast them with the exact scientists?—who often have the same fault but in a different style?" Something in that.... "There isn't one of those boys, going back to Papa Freud himself, who wouldn't be improved by a refresher course in first-year biology."

And Edith had gone on to urge her, once more, to go to college next year—Callista, inwardly, very nearly ready to agree. She recalled the crystal April afternoon, and Edith standing, her back turned, looking out the studio's north window, the light a clear perfection on her red hair—why must Edith imagine herself homely? "Here—may I say it?—you're not quite far enough away from your Mom."

"A million light years."

"Of course, darling, but not in the flesh. And I keep thinking that right now maybe you ought to be farther from me." Edith shrugged and sighed. "For your sake, that is, certainly not for mine. Right now I could be a little too rich for your blood."

"No. If not for your sake, then not for mine."

Edith had come back to her then, standing with the great cool light at her back, looking down in one of her sudden moods of softness and gravity. "All right, Cal. But think about college for next fall?"

In agreement more than half sincere, Callista said: "I will—I'll think about it. You ought to marry, Edith."

"Narrow pelvis, distaste for an overpopulated world. I don't think it's my dish. I like men. The few that I've thought I'd like for keeps turned out to be guys who didn't want me, or at least not that way...."

But as for the reading in psychology, Edith's opinion remembered was still not quite acceptable. Freud and his successors still seemed to Callista like the best available guides into the nearest and most tormenting section of the jungle. One could rule out those who had fallen into worship of the sofa-pillow god Adjustment, and in doing so lost sight of the individual self or never noticed it. One could also remain critical of any guide, since the self must learn the sound of its own voice and discover its own country.

Yes—but all that was before Ann Doherty drank poison.

Once more laboriously, appearing to herself rather like a high school child hungry for a good mark, Callista attempted to review her knowledge of that night last August. Not only as it would be presented when she took the stand (as she must do whether Cecil thought best or not) but as it would be declared to the court of her own intelligence before that court could grant any acquittal. The face of Judge Mann intruded, however, again and once again, when her toiling revery reached the Blank, the lost moment, the miserable blur of amnesia where the crucial thing, the one answer Callista must have, was surely lying hidden. A quiet face, probably wise and certainly not vain, with the small chronic frown, the sense of cleanness and good health, the gentleness that Callista believed no face could wear if it were functioning as a mask—very well then: admit the face of Judge Terence Mann to this lonely privacy and make use of it.

Let the empty wall beside the barred door dissolve a little. Blur the flat plaster, doubtless reinforced within; it looks like stone and by daylight shows a few sad scribblings of the last tenant, not quite scrubbed away: Why can't they let me read what the wench wrote and criticize her bit of a drawing that might now be either a baby or a phallus?—blur that, and let the high walnut bench stand there. Give him the gown—black, please!—and the pencil, and the look, startled but not unkind, that he wore when the spiteful child said: "Which is the Clerk?" He would be less ghostly if now and then, there in the foggy opening of the wall, he could move his thin hand in the writing—could it possibly be drawing?—up there in the dignified isolation where even Mr. Delehanty, the Clerk-which-is-the-Clerk, couldn't watch it. All right now? Go ahead!

Begin with the talk, the flustered moment when Ann came into the apartment a little fogged up with wondering what it was all about. If she was wondering—hard to be sure, since dewy-eyed confusion was one of Ann's best faces: look-how-cute-I-am-when-I'm-thinking-about-something. Not that a talk with Nancy could ever decide anything except that she would continue certain of her own placid rightness. Your Honor, it had a bearing on my state of mind—and by the way, my cantankerous cattiness and unfairness are duly noted and admitted. I couldn't stand her. I never could stand her, even before—before Jim. I can't stand people who cuddle continually inside one ready-made idea like babies growing old in the crib. Yes—granted—they can't help it.

YOU ARE ADMITTING YOU HATED YOUR LOVER'S WIFE?

No, I'm not. I said I couldn't stand her. It's not the same thing. Wasn't that correct? A difficult point, but not too difficult for Judge Mann—he with his calm face, his busy pencil: without the black robe, in ordinary clothes, what would you take him for? Doctor? Scientist? Teacher? Besides, your Honor, on that night he was no longer my lover. That was the night of the 16th of August, with a hazy moon. He had been my lover from the first of May to the sixth day of July.

DO YOU WISH TO TESTIFY ABOUT THAT?

I think I should like to have the hazy moon admitted in evidence.

CALLISTA, WILL YOU NEVER UNDERSTAND THAT MOST HUMAN CREATURES ARE AFRAID OF LAUGHTER? GET TO THE POINT.

All right.

She could skim over the first half-hour of that talk. It had been mere sparring, Ann vaguely friendly on the surface, chattery, perhaps sensing just enough of trouble to want to hold it away. Then Callista had made a stumbling approach of blurted hints, Ann gradually comprehending because she had to, gradually perching nearer the edge of her chair, hands not in their usual flutter but folded and tightening in her lap, her lovely face abnormally attentive; listening—she had to, that once!—watchful and still. Not openly resentful or hating, never entirely distorted out of beauty. Incredible, but it must be that Ann had never guessed, and Jim had been a better actor than Callista dreamed. Ann had not even been hurt, really; not inside. Too secure. And then—"Poor Callie!"

Your Honor, I then said: "Oh, for Christ's sake!" and was sick to my stomach.

She lived again (nearly forgetting the ghostly, not unkindly seated figure in the blurred wall) her blundering rush for the bathroom with a handkerchief at her mouth. Ann had followed, of course. Callista had not quite slammed the door. Ann was out there, bleating, and then inside. "Callie, you mustn't feel so bad! Don't you see? God will forgive you. If you'll only take the right attitude!"

Yes, your Honor, I retract the word "bleating." "Her voice was ever soft, gentle, and low, an excellent thing in woman"—Lear, Act Five, last scene, I forget the number of the scene, do you mind? She also put her arm around me while I was heaving, and—

"Let me alone!"

"Poor Callie! It's all right. Let me get you something."

"God damn it, Ann, go away!"

Ann had not gone away, not then. Callista remembered running from her again, into the bedroom, slamming that door and locking it, dropping on the bed unable for a while to move or cry out. The beginning of the blank, probably. A mental door slammed, but surely not locked. But mind is continuing action: it doesn't have doors, levels, thresholds. I know, your Honor, I know; I'm tired out, therefore thinking in stupid terms, because I wish I could go back to sleep. The blanket stinks, but I do wish—

WHY DID YOU ASK HER TO COME AT ALL, MISS BLAKE?

I believe I thought we might be able to talk of it like adults, but I never even got as far as telling her I was pregnant. When half the truth was out I saw it was no good. I'd forgotten her God had a blueprint for all these little difficulties. I goofed.... This business about doors: admittedly Freudian slanguage is treacherously pictorial, deceptively so, as Edith pointed out once, only, damn it, it FEELS like a slammed door. Not quite locked. Now may I—please—

Once upon a time there was an orange-gold-brindle kitten named Bonnie who lived (happily ever afterward) at Aunt Cora Winwood's flat in Greenwich Village, and she was sentimentally tame, small enough to curl up in two human palms. Which Aunt Cora liked to demonstrate, transferring the sleepy morsel to Callista's hands. They had called it "pouring the kitten." After Papa died, reason after reason why she mustn't go visit the Winwoods. Only three subway stops away, and Papa's own sister. "Tom Winwood drinks, dear, and is not reliable. I do not intend to have My Little Girl exposed to Anything Like That. Nor do I wish to be reminded, Callista, that your father approved of your going there. His judgment was not always—entirely—sound. Mr. Winwood was in fact largely responsible for certain aspects of your father's Condition. Now I think I need say no more." Yes, Mother, and No, Mother. Yes, Mother, now and forever you need say no more.

Eyes closed, cheek wincing at the blanket—but twitching over to the left side would be no better—Callista resolved not to remember nor count the days since she had last drawn down her lover's face to her, seen gaunt cheekbones grown large beyond vision above her, accepted the pressure of his desire and her own. And therefore, inevitably, remembered and counted the days. Sometimes his hands sweated and were cold.

Not the first time, that May-Day afternoon in the woods—why, then (at first) Jim had been almost pagan, natural, free, coming on her suddenly in the damp green hollow where spring growth was riotous. Startled and—yes, temporarily set free. He must have been, or he could not have acted with such quick certainty, tenderness and aggression blended for once in a most invincible rightness. In the very first moment, when he pushed aside the hemlock branch and saw her, his face had been comically legible as his mind abruptly discovered a woman in place of Homely-Blake-Girl-Who-Used-to-Live-Next-Door. To the best of her memory, Callista had not smiled; only sat waiting where spring sunlight lay scattered, random gold; waiting and looking up, needing words no more than a grown-up Bonnie would have needed them at the first cruel-kind approach of a yellow-eyed lover across a back fence. Still she had used words, a few, standing up, leaning back against the rough gray body of an oak, something foolish: "Oh—I'm afraid you've started up a dryad." He might not even have heard that, his hands pressing the tree on either side of her face, his growing need as obvious as the sunlight. I think he never so desired Ann. Such hungers (I know he thought this) are not for good women.

His first kiss had fallen in the thin hollow of her shoulder. He had carried her to a softness of hemlock needles. I think I helped him a little with my shorts. Pain of course, the wrench of the torn hymen a required crash of dissonance in the symphonic flow. I suppose I screamed—had my teeth in his shoulder for a minute—he understood that. Drowsy exhaustion afterward deeper than his—

Soles occidere et redire possunt:
Nobis cum semel occidit brevis lux,
Nox est perpetua una dormienda....

"What, Cal? What did you say? Was that Italian?"

"Latin. Thing—happened to remember."

"Oh."

She had come wide awake then: no Kotex of course, tiresome clinical necessity of a handkerchief for the unimportant bleeding—and had presently given him some sort of English translation that stumbled along on two left feet: "Suns may set and rise, but when our brief light is gone, the night is an eternal sleep." Jim hadn't liked any of that, much. The Latin, or the bleeding. That must have been the first time that the worry-wart crinkle appeared between his thick black eyebrows, the first time the poor guy had said: "Cal, darling, what the devil are we going to do?" I think I laughed at him, a bit. Not inside me of course.

SHOULDN'T WE (MY DEAR) GET BACK TO THE PEOPLE VS. BLAKE?

Very well, Your Honor, but I don't admit that the episode of adultery (terminology by T. J. Hunter) is irrelevant.

NOT IRRELEVANT (MY DEAR)—BUT WEREN'T WE DISCUSSING THE DEATH BY VIOLENCE OF ANN PIERCE DOHERTY?

All right. I lay frozen in my bedroom wishing the good little bitch would go away, and I DO NOT KNOW whether or not I heard what she was up to in the kitchenette. You're not helping, Judge. You're not helping me remember.

Eyes wide, she saw the dull wall had grown a little brighter with dawn, and wished that the man on the bench might appear as a genuine visual hallucination: it would be interesting. But he lived in the brain only; her outer eyes would not create him. I did hear her knock on my bedroom door, call my name, say something else stupid, go away with a tap of little high heels. Get it, Judge? This is the Blank, this is the thing you're not helping me remember:

If I did hear her take that brandy bottle out, if I wasn't too hysterical to remember what was in it and why, then—

(Spot of soup on Cecil's coat sleeve. Old, half-sick, drinking too much, his wife dead long ago and nobody to look after him—when he's dead who'll even remember what he was, the courage and the kindness? Cesspool known as the world—people are already forgetting Darrow, aren't they? and every other who's tried to clean it out, dig channels to drain away the filth of human stupidity?)

If I heard her and remembered what was in the bottle, then I murdered her. If I didn't, then as a potential but incompetent suicide I was merely maintaining a public nuisance. As a good man well known to you would say, it's that simple. But that is the Blank, Judge, and you're not helping me.

I therefore address my closing remarks to other gentlemen of Winchester County, specifically District Attorney Lamson and his subordinate Talbot Jesus-wept Hunter. I wish to apologize to them for laughing, being convinced that the noise just heard in my apartment was laughter and not rats. I have no wish to laugh and hurt your feelings, but it IS funny. Honest, isn't it funny how the judge and jury inside me (with some inconsequential imaginary help from that rather nice joe Judge Mann) can make me squirm and whimper like a gut-shot rabbit, while YOU CAN'T?

II

Edith Nolan watched the cherries wobbling on Maud Welsh's hat as the woman perched in the witness chair, a sparrow ready for flight. T. J. Hunter purred and soothed. "Your occupation, Miss Welsh?"

"Guess you could say housekeeper." The voice was dry, brittle as the woman's skin. Merciless morning light played on Maud's wrinkles; bad judgment had tricked her into using dabs of make-up.

On her two visits to the Shanesville house, Edith had been aware of Maud as not much more than a background flutter and squeak; Callista had filled Edith in on the family history that explained her. Long ago, long before Herb Chalmers and Callista's mother were married and while Herb's father Malachi Chalmers was still alive, Cousin Maud had been asked to come and keep house. She stayed. Father Malachi had been a Full Professor, also a sort of fin de siècle Great Man who wrote a book (or something) and whose memory, Edith gathered, served as a squashy but invincible paperweight holding down the remainder of Herb's polite life. Maud Welsh had evidently done much to keep that memory functional. By the power of the meek, and because she was useful and a cousin, she just stayed, a small household tyrant given to vigorous church attendance and good works, enlarging on the time when the Professor was alive as a golden age to keep his degenerate son in line, dusting and sweeping intensely at unseasonable hours, putting up interminable preserves, and carrying on a picayune war with Victoria Chalmers, a war of sniffles and grievances which (Callista said) both of them enjoyed so much that there was never any serious question of sending Maud on her way. In the cellar, said Callista, there were five six-foot shelves of plum jam alone—Maud's atomic reserve. Anyhow, she raised quiet Presbyterian hell if any of it was used. And Callista in the studio had drawn a pen-and-ink of Maud lurking all alone underground in a desolated world, grown obese (in garments meant for a thin woman) on a thick diet of plum jam. Edith had said: "Oh, damn it, Cal, after all!" and kept the sketch.

"Where are you employed at present, Miss Welsh?"

"Well, see, I'm kin to—"

T. J. Hunter showed half-amused worry wrinkles. "Just my question, please. You know, limit your answers to the question."

"Oh, you did tell me that, didn't you? Well, I live in with the Chalmerses, I mean Dr. and Mrs. Herbert Chalmers of Shanesville."

"Doctor—that's an academic degree, isn't it?"

"Uh—oh yes. A Ph. D." Her voice made it an ailment.

Hunter's morning sleekness annoyed Edith, who felt dowdy and unkempt after a bad night. Aspirin, insomnia, a dripping faucet in the bathroom, meaningless noises in the studio—probably mice.

"Is there a street number on the Chalmers house?"

"No, just Walton Road. Same's when The Professor was alive and we lived in Winchester, all you had to say—"

"Yes, I understand. Just limit your answers, please."

"I'm sorry. I'll try."

Judge Mann also was dark under the eyes, as if his sleep had been poor. He was not busy with his pencil. His ignoring of Hunter's wry glance was perhaps a way of saying: She's your chicken. Callista, drooping and still-faced, was again partly hidden by Cecil Warner, who looked a little better this morning with a fresh shave. The flowers last night, the rather elaborate too-expensive dining out, the antique gallantry—very sweet of him, Edith thought, and in his idiom not at all strange. He had wanted of course to talk about Callista, but at dinner and later, after toiling upstairs to the studio for drinks and quiet, he had hardly been able to, seeming happier when Edith carried the conversation away to more impersonal regions.

Edith twisted in her seat, winning a timid nod from Herb Chalmers, a calm glare from Victoria. Back of them was Jim Doherty, again with Father Bland. Jim did not acknowledge her glance either, but probably because he didn't see it, a man alone on an island and hurt, trying to interpret contradictory voices in the wind. Edith twitched her skirt back into place and settled herself to endure the first day of testimony.

"Are your duties as housekeeper fairly general, Miss Welsh?"

"Might say so. I do everything but heavy cleaning, we have a woman on Tuesdays for that. I cook, see to things."

"You go away on vacations?"

"Visit my sister in Maine two weeks every summer, two in the fall."

"You did so this year?"

"In June, not the fall. Because of the trouble, I thought I should stay, couldn't do less."

"Were you in Shanesville on Friday, August 7th of this year?"

"The 7th—oh, the picnic. Yes, I was."

"No, limit your answers, please. I just want to verify your presence on certain dates. Were you at Shanesville all day Sunday and Monday, August 16th and 17th?"

Arthritic claws clenched on her handbag. "Yes, I was."

"At about 10:30 Monday morning, August 17th, who beside yourself was present, to your knowledge, at the Chalmers house or on the grounds?"

"Just Herb, I mean Dr. Chalmers. I think Mrs. Chalmers'd gone to the supermarket in Shanesville, anyhow she wasn't home at 10:30."

"Where exactly were you at that time?"

"On the back porch fixing snap beans for lunch."

"What part of the grounds could you see from that spot?"

"Well, part of the lawn runs around the north side of the house, between it and the grove, and there's the vegetable garden in back."

"Is there a path through the grove?"

"Yes, from our house to Dohertys' place."

"Will you describe that path, please?"

"Just a footpath, tramped ground, pine needles." Maud Welsh swallowed. "Goes near a pond that's right about on the Dohertys' line."

"From the back porch could you see the opening of that path?"

"Yes."

"Did you see Dr. Chalmers at 10:30 or thereabouts?"

"Yes, he came out on the porch and we talked some. Weather mostly I guess. It was a scorcher, and real humid."

"What did he do after your conversation?"

"Went to look at the vegetable garden, then into the grove—not by that path though: he went into it at a place beyond the garden, where our brook goes under the trees. We were watching that brook on account of the drouth."

"When did you next see him?"

"A few minutes later. He came out of the woods, by the path that time, stumbled, shouted to me. I dropped the beans and went to him. I saw his clothes were wringin' wet, and he looked awful white. I helped him into the shade on the back porch. He talked kind of—"

"Just the substance of the conversation, please. That is, if he explained what had happened to upset him—did he?"

"Not—not to say explain, exactly. He said—"

"I think we'll just omit the conversation and go on to what you did next. Just what you did, you understand. After helping him into the shade, what did you yourself do?"

Clearly the biddy was already giving T. J. Hunter a case of jitters. Cecil Warner's crooked half-smile underlined the fact for Edith. Would he now be able to bring out poor Herb's first addled words, whatever they were, in cross examination? Would they help, if he did? And if he testified for the defense, what would Herb himself do about them? Last night Cecil had said, into the bright depth of his second Martini: "First law of the courtroom: never count on a jury's respecting logic."

"Well, sir, I went to the pond. His clothes wet, I knew it—"

"Just what you did, not what you thought. You went to the pond—wait a minute. We'll go back a little at this point, Miss Welsh. You were well acquainted with Ann Doherty—Mrs. James Doherty?"

"Well, I sh'd hope—I'm sorry, sir. Yes, I was."

"When did you first meet her?"

"In 1956. They moved in that year. Good neighbors, her anyway."

Edith saw the Old Man rising, and steady too, monumental. "May it please the Court, the defense is not concerned with the character of James Doherty, but I object in principle to that kind of innuendo."

"Sustained." The Judge's voice was cool. "The witness's last remark beginning with the words 'good neighbors' will be stricken."

Edith relaxed, aware of the primitive quality of her gratification: one for our side. Not that Jim belonged to the defense—Jim was lost, or trapped. All the same, the defense had spoken. She also recalled unhappily other words Cecil had spoken to that Martini: "Why did I order that thing? I was going to make it wine. Will you slap my fat wrist if I do it again?" He had made it wine, at the studio, and gone home sober. After, of all things, kissing her hand.

"Miss Welsh, was your relation to Mrs. Doherty one of close acquaintance? Casual? Just what was it?"

"Kind of close. We'd—oh, visit back and forth."

"When was the last time you saw Mrs. Doherty alive?"

"Two days before—I mean Saturday, August 15th. She came over for some bacon. She'd forgot it in shopping."

"Did you, for instance, call each other by your first names?"

"Ayah, did, matter of fact. I'm a mite old-fashioned, but we did."

"All right. Now back to the Monday morning. You went to the pond. What if anything did you find there?"

"She—in the water—I couldn't reach—"

"Miss Welsh, try to be impersonal, won't you? Remember the jury never knew these people. Now: when you came to the pond, just describing things impersonally, what did you see?"

"I saw—the body of a woman in the water."

"How was she dressed?"

"White blouse. Powder-blue skirt, blue jacket to match."

"Any head covering?"

"No. I saw her hair, that real pretty reddy-gold—auburn—"

"Could you reach the body from the bank?"

"No. I went in a few steps. A mud bottom—I—"

"Do you feel all right?"

"I'm all right. I touched her, the whole body turned—"

"We can spare you those details, I think. You turned the body until you could see the face, right? And knew positively that it was—?"

"It was Ann—Mrs. Doherty. I couldn't lift her out, anyway she was—cold. I went and called the state police, thought I should—"

"Did you talk again with Dr. Chalmers?"

"Yes, he was still on the back porch. I just said I'd called the police, said I'd go back to the pond, way they told me. So I did."

Maud Welsh, Edith thought, might have loved Ann in whatever flustered way she was capable of loving. For Edith the memory of Ann, met only three or four times, hung suspended in the past like an antique picture: something by Fragonard, say, in a frame of fussy gilt. Dainty, a bit undernourished—Ann pestered herself with diets now and then—and insipid. You couldn't quite imagine the angelic face distorted or transfigured by extremes of passion, or wrinkled by thought. With no overtone of spite, Callista had said once: "Ann isn't vain. I think she likes to share her prettiness in a nice way, the way you'd share a box of candy. She feels it was very pleasant of God to make her so pretty, and so going to Mass and keeping confession up to date like a good bank account, that's a matter of genuine gratitude as well as a sort of spiritual hygiene."

"While you waited for the police you didn't move or change anything?"

"No, sir, I just sat there and prayed for her."

Most of the jurors looked vaguely gratified. The faces of Terence Mann and Cecil Warner were politely blank as a church door on Monday morning. Edith could not see Callista, for Warner leaning forward at that moment shut her away. And T. J. Hunter at the prosecution's table was fumbling at a plastic bag.

"Miss Welsh, do you identify these garments as those that Ann Doherty was wearing when you found her body in the pond at Shanesville?"

"Yes, I—let me see the blouse again—yes, sir, I do."

"These stockings: can you identify them as the ones Mrs. Doherty was wearing?"

"Well, I suppose—I mean, that type, they look so alike."

"I'm putting my hand in this one, the right. Here's the heel. Now as near as I can manage it, my wrist is about where an anklebone would come—does that help you?"

"Oh, the hole! Yes, it's the same."

"When you lifted the body part-way from the water, you saw a hole like this one in the right stocking, correct?"

"Yes, I did."

"As a housekeeper, you know dressmaking and such things?"

"You could say so."

"Does anything about this hole strike you as unusual, peculiar?"

"It's not where you'd get a run. I can't see how you'd get it unless you bumped or scraped your ankle across something."

"When you found the body, was this hole visible above the line of a shoe, do you recall?"

"Oh—the right shoe was missing."

"Only the right one, you're sure?"

"Yes, she was wearing the left."

"This blue left slipper I'm now holding. Do you identify it?"

"Yes," said Maud Welsh, and fumbled at her face with a sodden handkerchief, while Edith's gaze swung in futile desperation to study the jury. Mrs. Kleinman was crying and, rather surprisingly, the cool black-haired beauty Dolores Acevedo. So could I. Instead, Edith looked down. She held away the irrelevant pathos of those garments on the State's table, the mud-spotted frilly blouse, crumpled blue skirt and jacket, the single water-streaked shoe, by contemplating the dark green tweed suit that she herself was wearing. Less than perfect. Needed pressing. A small spot, maybe watercolor paint, near the bottom of the skirt (well, hell!)—but having thought of it this morning, she could wear no other costume, for once last winter at the studio, in March or February, Callista had glanced up and remarked apropos of nothing: "Fact, I love that thing on you. Makes your thatch a sort of bonfire off in the green woods." And seeing it when she entered the courtroom, Callista had smiled.

"Miss Welsh, we'll go back to the evening of Sunday, August 16th, about nine o'clock. Where were you then and what were you doing?"

"Setting out on the front porch. It was dark enough so I'd put my sewing things aside some time before. I'd gone out there about eight, I guess, when the light was still good. Usually do."

"Did you see or hear anything you particularly remember?"

"Didn't see anything special. Heard a car stop, on Walton Road, out of sight of me behind the pines."

"Did you notice any glow from its headlights?"

"I don't think I did."

"Anything distinctive about the sound of that car?"

"Well, a buzzy thing, and of course I—"

"Was the motor shut off?"

"Not right away—oh, I remember something. A rattle, while the motor was running, loose metal, like a license-plate or something."

Edith saw Callista lean to Warner for a quick whispered conference; Cal seemed unexcited, but the Old Man was pleased. His back turned, Hunter would have missed it.

"Motor not shut off right away—how long did it run?"

"A minute, maybe, before the car door opened and shut."

"Can you establish the time you heard that car stop?"

"Yes; ten minutes past nine. Looked at my watch. You see, I wondered if the Chalmerses were expecting anyone, didn't think they were. Anyhow, all the talk you hear about juvenile delinquents in parked cars, naturally I—" her voice dwindled and came alive again briskly: "My watch runs good."

"Did you hear any other sounds beyond the pines, or maybe in the grove, after you heard that car door close?"

"No, not for half an hour."

"Is there an outside light on the Chalmers' front porch?"

"Yes, shines right down the driveway."

"Was it turned on that evening, and if so, when?"

"It was, about 9:40."

"Half an hour after the car stopped. Did you turn it on?"

"No. Herb, I mean Dr. Chalmers, came out on the porch about half past nine. He was the one turned it on—not right away though."

"Well—the car door closed at 9:10, then no sounds from that direction for half an hour. You did hear something then? If so, what?"

"Car door again, motor started, same buzzy noise, and then the car came into the driveway—it had just the dimmer lights on, I remember—and that's when Herb turned on the porch light. It was that little German car of hers, and she—"

"A moment. You're positive of the car? You read the license plate, or something like that?"

"No, sir, I never memorized her license number, but I knew the car, the shape, and the maroon color. Anyhow C'lista herself was driving it, I could see her face in the porch light, just as plain. Alone, she was."

"Did she call to you, or wave?"

"No, sir, just backed for the turn and scooted off again, direction of Winchester."

"Was Dr. Chalmers standing in the porch light?"

"We were both in plain sight, Mr. Hunter. That porch light, it's real bright, lights up everything."

"When had you last seen Callista Blake before that appearance in the driveway Sunday evening?"

"Evening before. Saturday. She came out to the house, about 8:30."

"An ordinary visit?"

"You never knew what was ordinary for Callista."

"Your Honor, I must object—the patience of the defense is not everlasting." Warner had risen; Edith could see the heavy tremor of his thick hand on the back of his chair. "This kind of spiteful side-remark—inexcusable."

"The witness's entire last remark will be stricken. Mr. Hunter?"

"Miss Welsh, just state briefly the circumstances of Callista Blake's visit to Shanesville Saturday evening."

"Well, I was on the porch same as the other time. Mrs. Doherty'd come over for some bacon—guess I said that. I wrapped some for her, then I remembered I wanted to show her an embroidery piece I was doing. I'd already taken my things out to the porch before she came. We went out there, were setting there when C'lista drove up to the house alone, walked right by us, not a word except to ask kind of sharp where her mother was. Ann had spoken—you know, 'Hello, Callie!' or something like that, but I don't believe C'lista answered her. Anyhow I told her, I said I thought her mother was upstairs somewhere, and she went on in. Slamming the door."

The defense can't object, Edith thought, because those are facts. That was Callista, no use denying it: the often needlessly cruel abruptness, indifference to social necessities, inability to suffer a fool with patience. On that black evening Maud Welsh and Ann had not even been fools, just harmless little people acting as usual at a time when Callista was burning, a tigress with an arrow festering in her side. And today, in smouldering cherished resentment, Maud Welsh was not harmless.

"Did you see Callista Blake again that evening?"

"No, went to my room before she left. I did hear her, talking to her mother upstairs in a wild sort of way."

"Wild? Do you mean quarreling? Loud?"

"No, sir, I give C'lista credit, she was never one to raise her voice, anyhow I wasn't eavesdropping, only Mrs. Chalmers' bedroom happens to be right over the porch where I was. Ann had gone home then and I couldn't help but hear her crying, Mrs. Chalmers I mean, and the stuff C'lista was saying about forgive me this my virtue."

"Miss Welsh—"

"Which didn't make any sense, besides being no sort of way to talk to her mother, only I wasn't eavesdropping."

Edith winced at the courtroom laughter. At any rate the nervous uproar, quickly subdued by Judge Mann's gavel, was probably directed more at Maud Welsh than Callista.

"Miss Welsh, we established that you were at the Chalmers house on August 7th, ten days before Mrs. Doherty's death. Does any particular event fix that date in your memory?"

"Picnic. The Chalmerses gave a picnic that afternoon."

"Informal?"

"Ayah. We do it three-four times every summer. Mostly friends of Herb's from the college, but that one was more for Shanesville folks. Hot dogs, hamburgers and like that. Croquet, pitching horse-shoes, badminton. Real informal."

"Do you recall who was present, August 7th?"

"Yes. Mrs. Phelps Jason—she's our nearest neighbor except the Dohertys. Mr. and Mrs. Wayne of Shanesville and their two kids Billy and Doris. Billy's nine, Doris going-on-twelve. Mr. and Mrs. Doherty of course. Mr. Judd drove out from Winchester. And C'lista did too."

"What time was the picnic?"

"From two in the afternoon to about five, five-thirty."

"Do you know when Callista Blake arrived?"

"Early, near two I think."

"When did she leave?"

"Didn't see her go. Noticed her car was gone at four-thirty."

"How was she dressed, if you recall?"

"Green blouse, brown skirt I think. Anyway I'm sure of the green blouse, she was partial to it for some reason."

"Any special accessories that you recall?"

"Big shoulder-strap bag. I remember thinking how those things are sort of out of style, but C'lista liked that one because it was roomy, she could carry her field glasses in it. Partial to Nature and stuff like that—bird watching."

"Did she have her field glasses that day?"

"Didn't see them, Mr. Hunter. Just the bag."

"Are there bushes, scrubs, likely places for birds or nests, near the part of the grounds where you had that picnic?"

"Yes. Back of the lawn there's a flower garden, and beyond that a sort of half-wild area. Things planted there that more or less take care of themselves—ground-cover, perennials. Pair of catbirds nested there last summer, likely others."

"Are you familiar with the perennials in that wild spot?"

"With some of them." Maud Welsh cleared her throat and swallowed. "Day-lilies, myrtle—monkshood."

"You have seen monkshood growing there, with your own eyes?"

"Yes. Mrs. Chalmers pointed it out to me once, wondering if she ought to keep it, spite of the pretty flower it has. Yes, it grows there—I mean it did last August. Of course the police—"

"Yes, never mind that. On the afternoon of August 7th, did you see Callista go into that wild garden?"

"I did."

"Was she then wearing that shoulder-strap bag?"

"She was."

"Was she alone?"

"Yes."

"How long did she remain there?"

"I don't know for certain. Half an hour later Mrs. Chalmers wanted her to lend a hand with the grill. I called her. When she came—which she didn't right away—it was from there."

"Was she still alone?"

Edith thought: She is always alone, Mr. Hunter. Clinging to that fool Jim Doherty, she was alone. The one time when she cried in my arms, she was alone.

"She was alone."

"Your witness, Mr. Warner."

III

Judge Mann watched Cecil Warner approach the witness chair like an old bull: heavy step, flaring nostrils, lowered head, eyes communicating nothing but a brooding truculence. He halted ponderously, an old bull arriving at the dubious barrier of a fence, and—just stood there. Judge Mann's pencil drifted across the scratch pad in a rapid script not much like his normal writing:

Forgive me this my virtue;
For in the fatness of these pursy times
Virtue itself of vice must pardon beg,
Yea, curb and woo for leave to do him good.

He grew fully aware of the writing with a partly pleased astonishment: almost a true dissociation. His brother Jack might be interested; he would save the page. It must have been three years since he had last read Hamlet.

He understood also, waiting out the darkness of Warner's silence, how his own self might become a battleground. Why fool himself? It had already become one. The deeper occasions of the battle, the relative wrong and right, his true position within it, not clear. More light! He had been assuming two nights ago, and less certainly last night, a mental clarity he had not yet won. Then look at it this way: the assumption had been a folly and a vanity and a failure in self-appraisal; therefore dismiss it. Accept for the moment simply the fact of inner conflict; and then what? His pencil hand stirred and advanced:

Sit you down,
And let me wring your heart: for so I shall,
If it be made of penetrable stuff....

The conflict itself was no illusion. He could oblige his mind to draw somewhat apart and provide illusive imagery for what was no illusion; an imagery, sharp enough, from happenings fourteen years ago that had been (in their time) no illusion. Northern Luzon, 1945: all they'd done that night was drop a few daisy-cutters. Why should he remember that night and not some of the livelier ones? Perhaps because his mind had been rather detached then too, his body not much scared, not much concerned. A darkened earth, flares, smoky glimpses more deceiving than dark, thunder of .75's and mad red flight of tracers; long drone overhead of the angry bug evading crossed searchlight swords, or trying to—too high for flak; we hadn't got the poor bastard. And a sudden sense in Sergeant Terence Mann of the medics, who shortly before had been annoyed mostly at the interruption of a poker game with himself three bucks ahead, of the humanly vast forces involved, the courage and hate and fear and death and love with which the stars are not concerned at all. Trying for the supply dump near Dagupan, all Joe had got was the backside of a church and two buffalos. Above, behind, including all, a sense of the flow of time that renders every victory and every defeat a part of eternity. And every moment of compromise ...

"Miss Welsh, were you with the Chalmers family in 1951 when Dr. Herbert Chalmers married Victoria Johnson Blake?"

"Yes."

"Did you attend the wedding?"

"I did." She was biting her words now, not chattering.

"In what month were they married?"

"July."

"When did you first meet the defendant, Callista Blake?"

"Guess it was August that year, 1951." Warner studied his shoes. "Well, I know it was, because C'lista was away in girls' camp while they went on a honeymoon, me with the house on my hands—" she clamped her mouth shut, glaring. Mann found it possible to be sorry for the woman. Warner's massive pauses were tough on any witness.

Warner said at last, mildly: "Thank you." The back row idiot briefly giggled. "Callista was not present at her mother's wedding?"

"Certainly wasn't."

"Why 'certainly,' Miss Welsh? She was eleven that year."

"Because you never knew when she'd throw a tantrum."

"You consider that unhappy children should not have tantrums?"

Hunter declared: "Improper question, if I ever heard one."

Mann thought: Sorry, Bud! "The Court will rule it admissible in cross-examination. Answer the question, Miss Welsh."

"Well, I don't know what she had to be unhappy about, with—"

"Miss Welsh, may I have a responsive answer to my question?"

"Haven't a notion what the question was all about."

"It may be too difficult. I withdraw it. You have known Miss Blake, by sight that is, for eight years. During that time, has your relation with her ever been cordial?"

"Naturally I tried to put up with—"

"I will repeat the question. During the eight years since 1951, has your relation with Callista Blake ever been cordial?"

On the doodle-pad a freshly drawn bull contemplated a tiny spinster—angular long skirt, hat with cherries, defensive umbrella. No fence between her and the beast. Mann drew one, post-and-rail, the top rail fallen. He felt rather proud of the bull: a fine solidity in the foreshortened barrel body; grandeur and melancholy. He sketched in grass and bending daisies to answer the curves of huge elongated scrotum and ponderous sheath. In the right foreground he added a miniature rabbit bundled up in a black gown. Cecil might enjoy the damned thing, on some relaxed evening far in time from the present hour.

"I don't—I don't understand the question."

"Very well—I withdraw it. Is that wrist watch the one you were wearing on the evening of last August 16th?"

"Yes."

"Does it have a luminous dial?"

"No, I don't want radium and things in my system."

"But last August 16th, in the deep twilight after nine o'clock, you could easily read it?"

She smirked, recovering. "Lights were on in the living-room."

Judge Mann watched Hunter's faint smile appear and fade.

"Thank you for remembering that now, Miss Welsh. Is it your custom to look at your watch when anything captures your interest?"

"I explained why I did that when I heard the car."

"Yes, you were concerned about juvenile delinquency."

"I didn't say that!"

"Why, I thought I heard a reference to the menace of juvenile delinquents in parked cars."

"Oh, that—dare say I was thinking out loud."

"I see. Thank you. Had you other reasons to check the time?"

"Well, I wondered if the family was expecting C'lista, so I—"

"Miss Welsh, in direct testimony you said you wondered if the family was expecting anyone, no names mentioned. Then you admitted this deep concern about juvenile delinquents in parked cars. Now we learn the family might have been expecting Callista. All three statements true?"

"Oh, what's all the fuss? I knew it was her car."

"But preferred not to say so in direct testimony. All right—how did you know it was her car?"

"I explained that. Loose license plate, and that buzzy noise."

"You did testify to hearing something like a loose license plate. You didn't say Miss Blake's car had one."

"Well, it did, and I heard it."

"Miss Welsh, a hypothetical question. If, when the defense opens, you learn that Miss Blake's Volkswagen had a garage check-up on Friday, August 14th, and that the license-plate holder was repaired at that time, would you, if recalled under oath, still claim you heard that plate rattling on Sunday evening, August 16th?"

The passion of resentment simmering behind the woman's blinking eyes was a kind of sickness. Once or twice she opened her lips without sound; then: "All I got to say, it wasn't natural how men went crazy for her—not even pretty—any man, garage man, anything in pants—"

Mann thought sharply: Okay, that's torn it. He saw Warner turn slowly, facing the bench. "Your Honor, I respectfully request that this witness be held in contempt of court."

Mann flipped the doodle-pad face down. He said: "There will be a ten-minute recess. Counsel in chambers, please. The jury will remain." Entering the dingy retreat off the courtroom, he was aware of T. J. Hunter standing aside to let Warner precede him. "You don't want to toil up to the sixth floor, do you? I suppose I could locate a nip of something."

Warner said: "No, Judge, I'm too fat to ride that thing you call an elevator. It busts, I'm liable for have-his-carcass."

"All right—shouldn't anyway. We'll settle for a smoke."

Warner sat down, an old man and weary, impersonally accepting the impersonal courtesy when Hunter snapped a lighter for his cigarette. His fat hand waved aside the curling fantasy of smoke between him and his enemy. "Okay, T. J., I think you asked for it. Why couldn't you establish corpus delecti with Herb Chalmers? Could've, no sweat."

"Grab off a natural defense witness when I don't have to?"

"What makes you think I want Herb?"

Hunter chuckled and strolled to the window. "Just fishing."

Mann asked: "What's your view, T. J.?"

The back of Hunter's neck was calm. "Just among us girls, Welsh certainly goofed. Honest, I sweated blood trying to give her the rudiments of courtroom behavior. Seems it was mostly hooting down a rain-barrel."

Warner said: "They goofed the same way over Joan of Arc."

Hunter swung around and exclaimed: "After all, Cecil!"

"No comparison between the principals," Warner said, "except age and sex. You admire Joan? I don't, much. But there's an obvious parallel between twentieth- and fifteenth-century attitudes toward the accused maverick. Takes more than five hundred years for the human race to learn anything important." His slow voice was acquiring a snarl. "You know, T. J.—you know what the newspapers have been doing. Far as Welsh is concerned, I don't care a fractionated brass-bound tinker's fart whether she's held in contempt or not. I do care about keeping this thing from turning into a witchcraft trial. I'm not sitting peaceful on my fat ass, understand, while they turn my girl into a succubus."

Hunter said stiffly: "I think you could trust me to prevent any nonsense of that kind." Warner studied him, dark eyes searching and sad in their slightly yellowed and bloodshot fields of white. Hunter went on: "Your hypothetical was a dilly, by the way. The defense introduces testimony at this point? You want the State to pack up and go home?"

"Why wouldn't I?"

"Fine! You going to claim the Volkswagen wasn't there?"

Warner shook his head indifferently.

Mann said: "T. J., I still want your view, on Welsh. I'd be half minded to throw the book, only I'm not sure Welsh is that important."

"Well, I don't think she is, Judge. But I'm sort of indifferent. The facts of her testimony will remain with the jury, and that's all that concerns me. The contempt thing—important to the Court, and to me as a lawyer, but not so important to People vs. Blake."

"For a prosecutor," said Warner, "you're curiously frank, T. J. Now that she's squeezed in her 'anything-in-pants' remark, you're content, you can go fishing—that's what you're saying."

"Look here—"

Judge Mann struck the desk lightly with the flat of his hand. "Cecil, do you have many more questions for her?"

"Not many, Judge. Ought to be done in a few minutes, before one o'clock anyhow."

"Hope so—I'm unjudicially hungry and I'll be glad to see the last of her. I'm not holding her in contempt, Cecil, unless she pulls another one. It's not quite justified, I'm not even too sure of the ground, and—" he rubbed out his cigarette, glancing at the somewhat frozen face of T. J. Hunter—"I particularly don't want to make a martyr out of her. Let's get back on the job."

Maud Welsh's rigid face told him the ten minutes of anticipation might have been punishment enough. He had not intended that: merely a courtroom happen-so. "Miss Welsh, contempt of court is a serious thing. It must be, to preserve respect for law. For willfully disregarding the instructions given you about limiting your answers and avoiding prejudicial comments, you could, if this court so ordered, be severely punished." There she goes sniffling, and to some of the jury she'll have the face of Mom. "It is not the present intention of the Court to hold you in contempt. You are being let off with a warning, for the last time. Consider yourself fortunate. Mr. Warner?"

"Miss Welsh, I quote to you certain words: 'Assume a virtue if you have it not.' Are those words familiar to you?"

Her streaked face glowing, perhaps with relief, Maud Welsh also looked bewildered. "No—no, sir, I don't think so."

"Have you ever read Shakespeare's play Hamlet?"

"I'm sure we had it in school, but—" she smiled placatingly—"that's quite a while. I never get the time to read much."

"Here are some other famous lines from the same source: 'Forgive me this my virtue; for in the fatness of these pursy times virtue itself of vice must pardon beg'—familiar?"

"That's what I heard C'lista say to her mother."

"Did you overhear anything else?"

"I wasn't eavesdropping, sir."

"You're not accused of it." Warner was speaking gently. "We're only concerned with what you heard. Was there anything else?"

"Well, like I said, I heard Mrs. Chalmers crying."

"Can you be certain it wasn't her daughter you heard?"

"Yes. Their voices are mighty different."

"You had heard Mrs. Chalmers cry before?"

"Yes, sir, now and then."

"And Callista?"

"She never cried."

"Not even as a child, having tantrums?"

"No, she'd just go white and—walk away, or—is it all right to say this?"

"Go ahead."

"Walk away, or sort of run away sometimes, I mean off into the woods or like that, and practically have to be dragged home. I thought it was—can I say this?—I don't want to say anything wrong, I—"

"Go ahead, Miss Welsh."

"Well, just—I thought it was real unnatural, that I never heard Callista cry."

"No further questions."

IV

Callista sampled and pushed aside the inoffensive meal. The state of New Essex was feeding her well. Treating her well too—a star prisoner. A room of her own and, now that the trial had begun, meals in private, on a tray no less. No utensils of course except a spoon. She rose and performed the infinite journey of three steps from the barred door to the barred window a few times: shorten stride and you could make it come out to four steps. Best room in the hotel, southwest exposure 'n' everything—gee! She adjusted the blanket on her cot to sharp military precision: it would make Matron Flannery happy. A pity to sit down now and spoil all that wonderful work. Anyway Biddy Flannery would be along in a minute for the tray, with her usual not unfriendly clash of keys; then back to the courtroom for the afternoon.

Callista gazed at the flat-faced wall where smears of old writing had been not quite obliterated—for everything in this building was more than a little tired, peevish, ineffectual. Indifferent mop or washrag took a swipe at the graffiti, to keep busy; the law took a swipe, the best it could manage, at the perennial smears of human confusion, dishonesty, violence. High up—the woman must have been tall—enough remained of a lipstick inscription to indicate a heart symbol enclosing a pair of names: DAVY & ——: the other name had defied Callista's months-long effort to decipher it. She tried again now, bemused, and once more gave it up, although somehow this time she did feel a bit nearer success. It was exasperating as a sore tooth.

She gave up also another effort to interpret the almost destroyed black-pencil picture below the heart, probably someone else's contribution. A thick phallus not quite erect, a baby with the facial features gone, perhaps just a round-petaled flower or geometric design? No use. Call it a Rorschach blot—but even for that, the months of seeing it had made it impossible to see it at all. Callista turned away, glancing with an amusement that held the warmth of gratitude at the third and last writing—off in the corner, tiny and squeezed, it had almost escaped the washrag's faint assault, and still transmitted a cocky, not too cryptic message: WE DID IT IN A SNOBANK ON LINCAN'S BIRTHDAY 1957.

In the death house too they would feed her well and treat her very kindly, within the meaning of the statute. Callista examined this, perplexed, trying to recall what form of the auxiliary verb her thought had used. Did the gray cells say WILL or WOULD?

She journeyed again, to the window that for all its cramped ugliness was a friend, because of its messages of night and day, cloud, sunlight, and the wheeling of doves. And returning, she made a discovery, with the suddenness of sunshine. She could read the red writing up there on the wall, the other name. Amazing that it could have eluded her so long:

DAVY & ME.

Bewildering too the quick starting of tears to her eyes. Why, I never cry. Well—once, when Edith helped me talk.

DAVY & ME.

"This helps too, dear." She must have said that aloud, for the cell was alive with the memory of a private sound. They couldn't take away the Me, could they? Shoplifter, whore, drunk, another murderer maybe? Doesn't matter. Went out of here to die, get drunk, go back to work in a cathouse or pushing dope—I don't care. They couldn't quite do it to you. Down the corridor, keys rattled. They couldn't take away the Me. Ever.

[3]

Once a trial judge or jury has determined, on conflicting evidence, a question of fact, that determination is final. It is binding upon the appellate courts. If there has been an error of law the defendant has a remedy by appeal. If there has been an erroneous finding of fact the defendant has no remedy. He is forever bound by the finding of the trial judge or of the jury.

Now it should be obvious that trial judges and juries aren't that good.

ERLE STANLEY GARDNER, The Court of Last Resort

I

Cecil Warner remembered the night, a corridor of hours, a windy darkness of winter streets, a homecoming to solitude and too much thought and the uncertain consolation of sleep.

After leaving Edith's studio a whim had urged him to walk home instead of calling a taxi. By that time the rain had stopped, the winter pavements were damp and harmless. It would have been pleasant to drive alone out of the city on quiet side roads, perhaps winding up in a suburban bar for an hour's casual amusement. Not so long ago he would have done it, but last year, after a few near-disasters, he had ruled out driving as too great a hazard for aging faculties, and sold his car: from there on the world could wait on him a little, a good enough arrangement so long as you can pay for it.

Walking was good for you, they said—in moderation, of course. Ten blocks, say half a mile and none of it uphill, from Edith's studio to the small old house on Midland Avenue that for the last twenty-five years had grown wrinkled and out of date along with him, dignity and seediness of antiquity together; maybe you couldn't have one without the other. Yes, a nice walk, colored by a grudging admission that there was no great harm in doing what they said was good for you, so long as you did it in moderation. A winter wind has many voices, not all of them edged by grief.

The best part of that walk was the long block past Trinity Church and its tiny cemetery where time had pushed many headstones aslant and long since worn down all grief to a stillness. No large extent of time really: Trinity was built in 1761, said its cornerstone: a mere two centuries, enough to give the more respectable ghosts the privilege of wearing three-cornered hats. In Trinity churchyard they were bound to be respectable and, through no fault of their own, quaint, like George Washington's wooden false teeth. Leaving there, crossing Quire Street, you passed too suddenly into a splash of gaudy twentieth-century glare, the uptown movie house. Cecil had gone by it last night when the theater was about to close, a late crowd spilling away presumably cheered by a long gulp of Bardot bosom and eye and flank. Then two decent residential blocks, other detached houses like his own yet virtually unknown to him, keeping their own counsel in the quiet street. And the three front steps that needed paint, the key, the cantankerous welcome from the squeak of the front door which could have been fixed in a minute by the drop of oil it wasn't going to get.

There was the not quite musty flavor of the little front hall: Cecil didn't like it but would have disliked its absence. At every homecoming there was the confidence, as he stumped into the shabby living-room, that Mrs. Wilks would have left everything just so before retiring to her world upstairs, except that of course she'd never learn not to put match-cards in ash trays. Some time the long sorrow that Mrs. Wilks lived with upstairs—a husband paralyzed for twenty years, unable to walk or feed himself, not quite able to die—would arrive at an end. Like all sorrow. Cecil had not gone up last night for his usual visit and chess game with Tom Wilks. Too late; too tired.

Now in the bleak courtroom remembering the night, relaxing in his chair beside Callista, still feeling thirty cents' worth of virtue for having resisted the siren voice of mince pie for lunch, Cecil Warner remembered—suddenly, like a reward of effort—one of the answers his mind had given him during the hours before he could sleep. Perhaps it was the only answer worth remembering out of many. There had been many, some no better than mumblings of fatigue. That one had come to him by the mind's magic when the night beyond his window was in a moment of supreme clarity and peace, and Trinity's delicate chimes had struck the morning hour of two o'clock, and the wind died: The defense never rests.

The air was still today, pure and sharp, the sky a clean splendor above the smear of the city. Something of it could be felt through the high eastern window behind them. Callista would have looked upward into that strong blue of infinity through the detention cell bars. She liked the brilliant days. They would enrich her artist's vision, he supposed, revealing depth and detail that duller eyes saw without seeing. A pleasant day, a good (light) lunch, and T. J. Hunter at the moment engaged in nothing more harmful than getting a police technician's map of the Shanesville properties admitted in evidence. A fine map, laboriously honest. Nothing required right now except an outward appearance of grumpy indifference suitable to the Old Man.

His gaze passed over the Twelve, the ordinary, respectable, appalling faces, and turned aside. He studied his blunt, unskillful hands, examining the blur of an old scar. A small racing unthinking motion of Terence Mann's fingers up yonder reminded him of the last occasion when he had spent an evening at Terence's apartment. Quite a while ago—July, he thought, anyway some time before Callista's trouble. A hot evening, Terence reviewing some of his Army habits of speech when the old building's air-conditioning unit goofed.

Terence that night had been in a Chopin mood; temporarily fed up with Mozart, he said, the weather too hot for Brahms. In passing Cecil wondered what the little guy would be working on these days. Something certainly; Terence liked to keep two or three compositions currently at concert pitch—no reason, he claimed, except that it satisfied a whim. The reason could lie deeper than that. With only a listener's knowledge, Cecil felt that music might have lost something important when Terence Mann went into the law. Something held back, possibly some old unhappiness or inhibition, when Terence said his keyboard ability—and he would have to call it that, instead of talent or spark or musicianship!—fell far enough short of the top so that it wasn't worth exploiting for more than private enjoyment.

Get with it, Old Man!

Spotless law and order was taking the oath. Sergeant Shields of the State Police would never allow any dust on the sparkle of his shoes; undoubtedly he could dissect his .32 and reassemble it in the dark. Yet he was also young, and human. A sidelong glance gave Warner Callista's face, composed, neutral. As usual, too remote. During the police testimony, the jury might not resent that too much, might vaguely understand her need for self-control. Later on he must make another attempt to persuade her that you can't just brush off the human race—not when it's after you.

"Your full name and occupation, please?"

"Samuel Arthur Shields, Sergeant, New Essex State Police. I have been stationed at Emmetville Barracks for general duty since January of last year."

"How were you employed on Monday morning, August 17th last?"

The Sergeant's notebook rested in his hand; Warner guessed he was not likely to need it. "I was operating State Police Car No. 48 on highway patrol between Shanesville and East Walton."

"Is Car 48 equipped with two-way radio?"

"Yes, sir."

"In your own words—I believe you don't need any coaching in the requirements of legal testimony—in your own words, Sergeant, please state what you did and what you observed, in line of duty, at or about 10:30 and subsequently, that Monday morning, August 17th."

"At 10:36 I received a radio call directing me to proceed to the house of Dr. Herbert Chalmers on Walton Road south of the junction with Summer Avenue, in Shanesville township. I was informed that the body of a woman, apparently drowned, had been discovered in a pond near that house. No further particulars were given me by radio. I drove to the site immediately, arriving at the Chalmers house at 10:40. I knocked, received no answer, saw no one until I walked around to the back. There I found Dr. Herbert Chalmers, who is and was then known to me by sight as a member of the Shanesville Presbyterian Church, to which I belong. He was sitting on the top step of the back porch, and appeared to be ill or in shock: white, breathing with difficulty, leaning against the porch rail with his eyes shut. When I spoke to him he roused, recognized me. I learned from him that he had found the body of a woman, whom he named as his neighbor Mrs. James Doherty, in a pond in the woods bordering his land. He pointed out a path into the woods."

"Will you indicate it on this map for the jury, Sergeant?"

"Yes, sir. Here it is." Warner watched him from under the famous lowered brows. A good boy, decently ambitious, standing by the map's tall frame, a brisk young schoolteacher interested in facts. He stayed there erect and impressive as he went on talking: "Dr. Chalmers mentioned a heart condition, saying he didn't feel able to go with me to the pond; afraid of blacking out, or words to that effect. He told me his housekeeper, Miss Maud Welsh, had also seen the body and had gone back to the pond after telephoning my headquarters. I followed the path to this spot here, where you see a short spur path leading to the water. There Miss Welsh saw me, from the pond-side, and called to me. I asked her to stay where she was, since I had noticed footprints and other marks that ought not to be disturbed until examined. These marks were all in this area here, along the spur path; none on the main footpath where the ground was quite hard and dry." He stepped back to the witness chair. And nothing, Warner thought, would ever influence or shake the boy except more facts, the sharp and tangible truths that you can weigh or photograph or look up in a textbook. And yet the continuing actions of the mind, the swift and dark events gone in a moment, misunderstood or "forgotten" or never glimpsed at all: Those are facts too, Sergeant: did you know?

"Go on, please."

"I went to the pond along the undisturbed ground at the side of the spur path. In the pond, submerged, I saw the body of a woman dressed in a light blue skirt and jacket and white blouse. Later in the day I measured the pond and found the maximum depth to be forty-two inches; a high-water line on the banks indicated that when full the greatest depth would be about five feet. On August 17th, however, the inlet was a mere trickle, the outlet practically dry—there's probably some underground drainage. Before stepping into the water I saw that the woman's arms were somewhat extended, and the hands were not clenched as I have seen them in other drowning cases."

"You have seen a number of them, Sergeant?"

"I have, sir. Boating, swimming accidents, a few suicides."

"You stepped into the pond?"

"I did. On lifting the body I found that rigor was complete, and post-mortem lividity noticeable in the face and hands."

"Please explain those terms for the jury, will you?"

"Rigor mortis is the stiffening that takes place, usually from two to six hours after death, and may continue from twelve to forty-eight hours. Post-mortem lividity is a discoloration caused by the settling of the blood to whatever parts of the body are lowest when the heart action ceases."

"Did that trickle into the pond create any current?"

"No, sir, hardly a ripple. Too small."

"Later on did you check the temperature of the water?"

"Yes—evening after dark. The weather that Monday evening was about like the evening before. The pond water at 9 P.M. Monday was at 68 degrees Fahrenheit."

"Was the water clear?"

"Some roiling, before I stepped in. The bottom has a layer of dead leaves and silt. Miss Welsh told me she had gone into the pond—her skirt was wet. I'd also noticed (I forgot to say) that Dr. Chalmers' slacks were quite wet, consistent with what he told me. The body was that of a woman in the early twenties, of slight build, about five feet two. Since there was no question of life remaining, I let it back into the water, to disturb the situation as little as possible before examination by my superiors. The foam on the lips was noticeable, but less than one expects to see in a drowning."

"What is the significance of foam on the lips, in a drowning?"

"Well, sir, a medical expert—"

"Just drawing on your own experience and police training."

"Well, it means a struggle for air. Air and water mix with the secretions of nose and throat."

"So, if a body not breathing enters the water, you won't see foam?"

"That's correct, sir."

"And in this case there was some, but less than normal?"

"Sir, I don't think I'm qualified to say what would be normal."

"Well, again, Sergeant, I just want to draw on your police experience. You said, I think, 'less than one expects to see'—correct?"

"Yes, sir, I can go that far, but it's only a—a layman's opinion. I've been with the state police only three years altogether. In that time I haven't seen any large number of drowning cases."

Warner suppressed a smile. T.J. should have known better than to push this man. His retreat was quick and graceful. "Quite right, Sergeant, and maybe I was a bit out of line. Would you now please describe the elevations of the ground in that area? I notice our map omits that."

The Sergeant looked pleased to be on his feet again; he might have been happier still with a pointer and a blackboard. "Here, where the spur path begins, the main footpath is going over a rise of ground. The spur itself runs level for about half its distance, then there's a ten-foot slope to the pond, rather steep." Hunter seemed bothered, perhaps getting more than he wanted. "That slope is the only one in the area you could call steep. Elsewhere the ground slopes toward the pond more gradually."

Yes, it was steep. Falling there, in the hazy night, sick with a cruel poison, Ann Doherty could easily have rolled down that short slope into the water. In cross-examination, this level-minded fact-lover would willingly say so. Sick—Warner's body involuntarily shuddered. He felt suffocated, and as though he too were falling in a darkness, nothing upholding him but a single thread of belief: Callista had no criminal intent. A belief that could never be demonstrated as a truth; never at least by the sort of demonstration that would be rightly, intelligently demanded by such a man as Sergeant Shields. No criminal intent: how do I know? No answer except the legally unacceptable and meaningless answer of trust, friendship, insight, love: I know because I know.

Sergeant Shields cheerfully continued: "The Chalmers house is on another moderate rise of ground, and going toward Dohertys' on the main footpath from the beginning of the spur, there's a gradual slope as far as the place where the pond's outlet crosses the path—just a little ditch you step over; then another slight rise to the Doherty house. The outlet runs fairly straight through the grove—just barely enough drop of the ground level to carry it into the culvert near the fork."

"Thank you." Much pleasanter for T.J., Warner guessed, to have the blocky sandy-haired athlete sitting down. "After letting the body back in the water, what did you do next, Sergeant?"

"I made a superficial examination of the ground. Then with Miss Welsh I went back to the main path, and requested her to stay there in sight of the pond while I went to report. After doing so, I returned to the edge of the woods and remained with Miss Welsh, in sight of the pond, until others arrived: Lieutenant Kovacs, the photographer Sergeant Peterson, Trooper Walter Curtis who brought equipment for making plaster casts, and Trooper Morris. The coroner's physician Dr. Devens arrived soon, and the undertaker's vehicle from Shanesville. However, Dr. Devens directed that the body be taken to the Winchester City morgue, where I understand there are better facilities. Trooper Morris and I lifted the body from the water, and Dr. Devens made a brief examination at the scene. We then placed the body in the vehicle, Dr. Devens gave his car keys to Trooper Morris, and went himself in the undertaker's vehicle. Trooper Morris followed with the doctor's car."

Smart and careful boy. It might still be necessary for T.J. to soothe down little Dr. Devens if he got snippy about testifying to the same technicality. Common sense says: Who's going to switch bodies on the doctor? The law says: All right, but let's just make sure nobody does. Not for the first time, Warner thought: Granted, the law is an ass; but better listen when it brays. Sometimes it's right.

"Go on, Sergeant."

"Under Lieutenant Kovacs' orders, I examined the pond's banks and the immediate area, with Peterson and Curtis. Eliminating the marks made by Dr. Chalmers, Miss Welsh and myself, only two sets of footprints were found near the pond. Mrs. Doherty's were identifiable by the high-heeled print of one shoe, and the stocking print of the other foot. The second set was size six, low-heeled, blunt-toed, the right shoe showing a slightly different sole-pattern from the left. I assisted Trooper Curtis in making casts of the prints, and initialed them as he did. Mrs. Doherty's footprints ended on the spur path, at the top of that slope I mentioned. Where they ended, a blurred mark on the fairly soft ground suggested that someone had fallen. It was not a very clear mark; all it really indicated was some recent disturbance of the earth. And from my experience of woodcraft and trail-reading—I think I can honestly claim a bit of expert knowledge there, by the way—I would say that all the marks from the beginning of the slope to the edge of the water were quite indefinite; that is, I think they could be interpreted in several different ways, all except one."

"And that one?"

"A heel-print belonging to the second set, the low-heeled set, superimposed on the blurred mark where someone had apparently fallen. And this mark told nothing except that whoever made it set her heel—that is, the heel of a low shoe, size six—on top of the other mark."

"Only one heel-mark?"

"Only one. The sole, and the other foot, must have rested on the hemlock needles and other loose stuff. The ground was only partly bare."

"Could you tell whether the person was standing or squatting?"

"Not for certain. I'd say standing, but I could be wrong."

"Where else were the footprints of that second set?"

"On the left bank of the pond—that is, left as you approached by the spur path. Two fairly clear imprints, left and right, pointed toward the water. The ground was somewhat moist there. We found a few other, partial prints of the size six shoes in that area, all partly obliterated by other footsteps. That left bank is the place where access to the water is easiest. That's where Miss Welsh had stepped in and out, and Dr. Chalmers had stumbled out on the left bank, slipping once by the way, although he had approached the pond from the other side."

"You say the marks on the slope of the spur path were indefinite. But would you describe them a little more, Sergeant?"

"They just weren't readable, Mr. Hunter. Mere disturbances of the earth. Let me put it this way, sir: simply on the basis of the trailmarks, Mrs. Doherty might have fallen and rolled into the water—it's just about steep enough for that; or she might have been pushed after she had fallen; or she might even have crawled or dragged herself into the pond. At the bottom of that slope, by the water's edge, the top of a wide flat boulder is exposed. Most of it's under water, but the top is bare, a shelf of rock that would show no marks if a person slipped over the edge into the water. And the water there is almost as deep as in the middle of the pond."

"Did you extend your search beyond the pond area?"

"Yes, sir, with Sergeant Peterson. We went to the Doherty house, examining the footpath. In the brush by the path, we found two marks of falling; at one of these places, evidence of vomiting. At the ditch where the pond's outlet intersects the path, I found a blue shoe, a right, matching the left one on the body. The footpath ends at a gravel turning circle in front of the Doherty house. There we found a blue and white four-door Pontiac sedan, later identified as belonging to Mr. James Doherty. The front bumper was almost in contact with a pillar of the porch. Tire gouges on the gravel indicated the brakes had been slammed on at the last minute. The front door on the driver's side was open. The ignition had been turned off and the key removed; because of the open door, the inside light was still burning."

"Does the gravel drive extend to Summer Avenue?"

"Yes, sir. We examined it for signs of another car, but found none. That drive would take no mark when dry except the kind the Pontiac made."

"Did you find anything else by the house?"

"A key ring, on the porch by the door. After the leather case of the key-holder had been checked for fingerprints, I tried the keys. They fitted the Pontiac and the outside doors of the Doherty house—those doors were all locked at that time, when Sergeant Peterson and I arrived there. On the driveway, near the opening of the path into the woods, I found a woman's blue handbag, monogrammed A.P.D. Its catch was open, and a lipstick pencil and compact had tumbled out."

"Did you check the other contents of the handbag?"

"Yes, sir." Sergeant Shields at last opened his notebook. "Lipstick pencil of a light shade, gold compact monogrammed A.P.D., one handkerchief unused, three Kleenex folded, engagement book of red imitation leather, mechanical pencil with chromium finish, single stub from motion picture theater, fifteen dollars in bills, one dollar and fourteen cents in coin in change purse, page torn from a memorandum pad with date August 15, 1959 and with writing evidently a grocery list, four bobby pins, a scrap of green rayon possibly a dressgoods sample, identification card belonging with handbag but not filled out, a—a paper clip."

Warner watched the histrionic tenderness of T. J. Hunter's hands. They moved over the already identified garments, not quite touching but with the sense of a caress. Corn, of course, but how marvelously served up! Gently the hands lifted a plastic bag.

"Sergeant, this bag has a tag with your initials—is this your identifying mark?"

"Yes, sir."

"And do you identify what I show you here, a woman's blue slipper, size five?"

"That is the slipper I found on the path in the woods, between the pond and the Doherty house, the morning of last August 17th."

Sit still, Old Man! No protest possible that the jury would not resent. How can you make legal protest against the gentleness of a pair of hands? Against a voice that by its very restraint compels the subject to cry aloud? Ann's garments, her poor fallen possessions, needed no advocate: four bobby pins, a paper clip. Best to sit still, the face a little hidden, as Callista was still, and hidden.

And to wait, because the defense never rests.

"Your witness, Mr. Warner."

He wondered whether it was worth the trouble of rising. Maybe. As a fact-lover, the Sergeant understood the existence of grays between black and white. One dim blur of gray across the clarity of Shields' testimony might stir a slight wonder in a few jurors. "Sergeant, when you found Dr. Chalmers on the back porch, did you speak first?"

"Yes, sir." Quite as polite as he had been to the prosecution.

"He roused at once and answered you?"

"He did, sir." Yes, polite, and well aware of what was coming.

Mildness and indifference were needed here: "What did he say?"

Then the expected noise: "Objection! This conversation wasn't introduced in direct examination."

Mildness, indifference? "Your Honor, I submit that the substance of the conversation was introduced."

"Yes—admissible in cross examination. Objection overruled."

T. J. Hunter shrugged and let it go. A masterly shrug.

"Well, Sergeant, what did Dr. Chalmers say?"

Sergeant Shields also was mild. Not indifferent; on the contrary, the level fact-loving eyes were kind. A contemplative kindness that could do the defense no service even if the jury were able to glimpse it and grope at the meaning of it.

"Dr. Chalmers said to me: 'Sam? My God, Sam, I can't believe it.' I said: 'I just got here. What's happened?' And he said: 'Ann—Ann Doherty—she's killed herself.'"

II

Weariness had grown like an external pressure, the encroachment of a rising tide, the waters of darkness. Callista had supposed that when Cecil walked over there to cross-examine the tide might recede, even release her entirely. It had not, not entirely, but it might be no longer rising; maybe this was the turn. She had heard Cecil speak, and had listened. Listening, she had felt within the weariness that hint of inarticulate continuing surprise which is an element in any manifestation of love. It did not seem to her that she had actually understood what he said, or what the Sergeant said. "Ann Doherty—killed herself." What? Oh—he was repeating what poor Herb had said to him. Herb could always be trusted to say something idiotic.

Important as testimony?—nobody thinks she killed herself. But the tide might very well be turning. Her eyes were no longer blurred. She could discover the thousand crow's-foot wrinkles in Cecil's face over yonder. Callista understood that she would not faint, nor collapse, nor die for some little time to come.

Threescore and ten is also a short time. Long enough to wear down a rugged boy's splendor to a burden of exhausted flesh—Cecil must have been a magnificent youth. Hardly long enough (Edith suggested once) to comprehend the pattern of a May-fly's wing, since for that you'd have to comprehend the protein molecule. When we can do that, Edith said, we shall still be ignorant, learning all new things with reluctance, initial rejection, stubborn retention of obsolete notions, superstitions, cruelties. Maybe, Edith said, the sickly bromide "at the last analysis" is the most arrogant verbalism human beings ever slung together.

What? Cecil's voice had spoken something more. With effort and a little panic, Callista recaptured it out of the counterpoint of thought. It was very simple. He said: "No further questions."

Edith had gone on to wonder how the coming centuries would handle their heretics. Burn and hang them like the seventeenth and earlier centuries? Listen to them a little, unwillingly, like the nineteenth, until revolution stiffened into respectability, congealed in half-truths? Wall them off, like the twentieth, with the soft barrier of democratic smugness or a steel barrier such as Marxian demonology? Maybe, Edith grumbled, the twenty-first century would return to punishing dissenters with open savagery: they'd be locked in delightful rooms with plastic food dispensers, ingenious mechanical attention to all the body's other needs (sure, all of 'em) and not a God-damned thing to do except watch television.

Cecil was coming back to her.

Cecil would agree with Edith; and in agreeing would not remind her how much farther his own life had ranged within the threescore and ten, how much of wonder and experience, speculation, pleasure, suffering had burgeoned in him during the half-century that spread between his age and her own: for he was kind.

Surely if now she cautiously turned her eyes toward the wall clock, the hands would have struggled a little nearer to five. The Old Man was sitting down by her, covering her hand briefly, his own heavy and hot. The clock hands had pushed a small weary way beyond two. "Are you all right, Cal? You don't look good."

"I'm all right. What's happening now?"

"Looks as if T.J. was going to try a bit of redirect. Sore too. Nothing makes a prosecutor madder than an impartial policeman."

To Callista the suave gentleman in the gray suit didn't look mad. "Sergeant, when you first saw Dr. Chalmers he was in a state of shock?"

"He appeared so. Color and breathing bad. Spoke brokenly, with difficulty. And as I said, later he mentioned a heart condition."

"In other words he was in a state where you'd hardly expect him to make a clear interpretation of anything he'd seen?"

"I can't answer that, sir, because I've noticed some people can think pretty straight in spite of a bad shock. I don't know Dr. Chalmers well enough to say whether he could or not."

She heard the Old Man exclaim under his breath: "Brother! good thing I didn't bother to object." But after Hunter's leading question Callista had seen the smooth jowls of juror Emma Beales bobbing with gratification at the way nice Mr. Hunter had gone straight to the point.

"Has Dr. Chalmers, in any later conversation with you, again brought up the theory that Mrs. Doherty might have committed suicide?"

"No, sir, he has not."

Hunter dropped it there. Callista was aware of the Sergeant rising, meeting her glance for an instant with something in his own not at all unkind. It was not understanding, perhaps not really compassion. He had never spoken to her. She thought she remembered his face among others at District Attorney Lamson's office during her worst time of questioning. He had said nothing then; would have given Mr. Lamson his information at some other time; maybe he had turned up there (if he really did) just to have a look at her. What she read in him now might be a simple adult refusal to condemn, by a busy man, not involved, not personally much excited or concerned, his thought and daily life filled with a thousand other matters. And now he was marching away. With nothing of the sarcasm that would have distorted the words if she had spoken aloud, Callista thought: Good-bye—nice to have known you.

The next witness, Sergeant Peterson the photographer, unwound his scrawniness from some part of the outer blur and strode into the arena to take the oath. Dark hair, a pallor as if bleached in his own hypo. Unexpectedly Callista's fingers itched for a pencil, to draw Peterson's lank face as an expanded kodak. She could ask Cecil for a pencil—no, he was getting up. Hunter had rather lovingly produced a big Manila folder, and now came Cecil's sonorous: "May it please the Court—"

Those would be the photographs of Ann Doherty dead, and Cecil would try to keep out the most lurid ones.

Over Callista swept a weight of memory. Even the smell of the District Attorney's office—tobacco, book leather, a peculiarly penetrating shaving-lotion stink. She saw again the half-star shape of a spot on the wall behind Mr. Lamson's shoulder, an imperfection in the paint like a chip flaked off the man's pinkish face; and the face itself in all detail, slightly ascetic in spite of that healthy glow, under carefully theatrical gray hair. She saw his manicured hand, womanish except for a scattering of black hairs, reaching across the desk to her, in a reek of too much hygiene and primping, presenting a Manila folder like the one Hunter now cherished, possibly the same one. "By the way, Miss Blake—" tone polite, fruity, luscious with some kind of enjoyment that perhaps the man himself did not recognize—"you might glance at this folder, if you will."

So I held her in my hand. Ann's arms reached upward in rigor out of the shadow of earth, for in that first photograph they had let the drowned girl lie on her back while the camera peered impersonally at wet skirt tumbled down from flexed thigh (the knee discolored), and soaked white underpants, the position pointlessly (accidentally?) erotic: Death, my lover. Accidental surely, for the camera had given a sharper focus to the bedabbled mouth, darkened cheeks, empty eyes. Why must the small breasts push up so urgently? Why, a happen-so: she was drifting face down, arms and bent knee probably holding her up a little from the pond's bottom, when rigor began—all right, I understand. The lifted hands were a blur, foreshortened, ghostly; innocently acquisitive hands transformed to shadows incapable of holding fast to anything, even pity.

The second picture was an enlargement of the face to life size, no detail spared. Drops of pond water blurred the eyes; a black twig was caught in water-soaked hair. Discoloration, and foam.

The third picture was one taken at the morgue, after rigor had passed off, and though the face was still a comment on the brevity, the insecurity of beauty and warmth, Ann's no longer vulnerable nakedness conveyed no great sorrow. It was just a portrait of death; apart from the drowned face, not unlovely. Callista remembered that in Mr. Lamson's office she had very nearly remarked aloud: "Never knew she'd had an appendectomy." The lividity, yes; but one could think of that as simply the shadow of death. This photograph, Callista supposed, would hardly go to the jury, for in the morgue nobody had bothered to toss a prudish towel over the innocent little triangle. Maybe they had fixed up another one for the purpose, that wouldn't distress the sensibilities of Mr. Emmet Hoag. Yes, granted, certainly, that Ann had been very pretty and desirable, a long time ago.

Callista recalled what it was she actually said aloud in Mr. Lamson's office: "I'd like to be sure I understand. If these pictures shock me, that's evidence of remorse, in other words guilt. If I don't display any shock, that means unnatural coldness; in other words, guilt. Is that correct?"

Someone behind the chair in Lamson's office where she sat facing the desk light had made a noise. Not T. J. Hunter; Sergeant Rankin maybe; or could it have been that young Sergeant, Samuel Arthur Shields? An indistinct word or suppressed grumble; not significant, but Mr. Lamson's cool gaze had flicked upward at the sound, not liking it. "No, Miss Blake, I don't think you have it quite correct. A girl of your intelligence and background ought not to be taking that world-is-all-against-me attitude. One expects it from common criminals—we look for it—but surely not from you."

"I've never thought the world was all against me. I used to think it was a place where you could get by fairly well by telling the truth, minding your own business, trying not to hurt anyone."

"You don't think so now?"

She herself had heard the wiry unpleasant note of pain in her voice: "No comment." And Mr. Lamson had heard it, and could not quite hide a brief flare of gratification, a thin spear of flame shooting up from an ember behind his eyes. Oh, he was doubtless a decent and respectable man, father of a family, pillar of the church. It would be only her sickened imagination that made him something with a whip out of Krafft-Ebing.

"Miss Blake, you ought to understand that what we are trying to do here is to discover the truth."

"What is truth?"

"No comment."

"Mr. Lamson, since she must have got the poison in my apartment, and since I shouldn't have had it there, I do feel remorse. But I am not breaking down and screaming at sight of these pictures, because that is not my way."

"Oh, now, the pictures aren't all that important, Miss Blake. No occasion to make such an issue of the pictures. I thought it might be to your interest to look at them, since a jury will. The whole point, my dear girl—the whole point is we just don't believe your story."

Cecil Warner came back from the side-bar discussion, looking rather blind. He murmured: "Couldn't do much, Cal. They're all going in. An open protest would just antagonize the jury."

"Does it really matter? She'd look the same whether she fell in or was pushed."

"Dear—I'll be saying that of course. But it assumes that twelve minds can respect logic."

Hunter and Sergeant Peterson were being immensely fair. Finished now with the portraits of death, they were showing a photograph of a blunt-toed shoe superimposed on another mark. Peterson was even wordy and boring, explaining unnecessarily how you could tell that the footprint was made later. Then came photographs of the disturbed areas at other parts of the bank, and of the flat rock by the water's edge that would take no sign.

The rock. Cecil ought not to be looking so distressed for her. Behind her hand she whispered: "Peterson must have held his camera right where I stood. If the moon hadn't come out of a cloud—I wonder, Cecil—would I have refused to understand she was there? It was a small cloud but deep, suddenly come, suddenly gone. The rock—I used to sit there for hours when I was a little girl, and dabble my feet. It was the first thing I saw, and suddenly, you understand?—because of the moon."

"The moon—"

"Yes, 'the moon, the inconstant moon'—don't you remember I told you? The way the light strengthened in that gap of the hemlocks, and there was my rock, and then the whiteness in the water. Her arm, or that blouse—no, her jacket hid the blouse, she was face down. It must have been her arm, that whiteness, don't you think?"

"I suppose. Cal, this isn't the time—"

"I know. Hunter will ask: 'Why didn't you go into the pond, if your story is true? Why, Callista? She might have been alive.'"

"We'll deal with that in direct examination."

"He'll come back to it, though. 'How could you know, Callista? How could you know she was dead?' And then I say: 'Sir, dead or not, she was so quiet I couldn't disturb her rest.'"

"Cal, please!"

"Are you going to cross-examine Sergeant Peterson?"

"I don't think so—nothing to gain."

"Ah, I was hoping you'd ask him why his damned silly face looks like a camera bellows."

"Hush! Shall I come to see you this evening?"

"Oh—no—no, I am unwell. I mean—that is, I would so like to have two candles, one for you and one for—I'm sorry ... I'm all right now. I'll be quiet. But don't come tonight—I did mean that. It's something—I can't explain it."

"All right, my dear. Maybe tomorrow evening."

"Yes, without fail. Let me tell you one thing more?"

"What?"

"I think I'm discovering that I want to live."

III

Sergeant Peterson had droned his last and had been succeeded on the stand by Trooper Curtis, brisk and dry, with his plaster casts and fingerprints. Both men, Edith Nolan understood, were competent, honest, not deliberately wasting time. Hunter himself was not really unduly slow at this business of hammering home what was already clear and established: Callista had been there. The fingerprint evidence at Shanesville was quite negative: no prints except Ann's on handbag or key case, none but hers and Jim's on the Pontiac or the Dohertys' front porch. All right and so what? It was half past three before Hunter and Curtis were solemnly finished with that apparent futility. It had never occurred to Edith that any part of this ordeal could be a bore. But it was.

Then in a brief cross examination Warner brought out the fact that a police search of the grove between the pond and Walton Road had produced nothing at all. It could not matter. Curtis and Peterson had both acted rather pleased with their casts and photographs of the Volkswagen's tire marks on the shoulder of Walton Road. They liked things complete, well wrapped. But it couldn't matter, for in her statement to District Attorney Lamson Callista had admitted taking the Volkswagen first into the Dohertys' driveway, following the footpath, seeing Ann's body in the pond. She had admitted leaving then, driving around to Walton Road, parking there out of sight of her mother's house.

And the prosecution would surely not trouble to deny or even question Callista's story of what happened then, in that half hour. She had stumbled off into the thick second-growth woods on the other side of Walton Road, a tangle of saplings, briers, poison ivy, wiry bushes, and young locust trees thorny in the dark, to get through a miscarriage in secret like a wounded animal and have done with it. To Edith, on the first occasion when with Warner's help Edith had broken through the barriers and won a visit with Callista in the detention cell, Callista had said tersely, in haste to change the subject: "The brambles were the worst of it." And that visit was not a time when she would accept any word of consolation. Something held back, Edith knew, some private tormenting reason why, even to her, Callista could not speak freely about that agony in the woods. Later, maybe. Everything now must be qualified with such words: "later"—"some time"—"after all this is over, Cal, and you are free."

Curtis was gone. Something smart and bright-eyed was down there swearing to tell the whole truth and nothing but the truth.

"Your full name and occupation, sir?"

"Sutherland R. Clipp. I own and manage Clipp's Garage on Duke Street, uptown—you know, repairs, gas, body work, matter of fact we do everything, you'd be surprised."

In startled disgust Edith thought: Everything? How lovely for you, Mr. Clipp! With the utmost geniality, Mr. Clipp went on to testify that on the evening of Sunday, August 16th, he had been driving home to Winchester by Walton Road, after delivering a 1956 Buick in the nicest condition you could imagine to a customer in Emmetville. He wanted to emphasize that the Buick was a dish, in spite of—well, low mileage. He had practically robbed himself, but that was his way, the customer came first, and it paid off—oh—yes, he'd been watching the time that evening because he had to pick up his wife after a church supper; got talking with that (completely satisfied) Emmetville client, and besides, the car he'd taken in exchange was kind of a sad heap that wouldn't safely do anything over forty, and you know how women are if you keep them waiting, not that she—yes, he had passed the junction of Summer Avenue and Walton Road between 9:10 and 9:15, no later. He had seen a maroon Volkswagen parked under the pines, not too well off the road either, careless parking, one reason why he'd noticed it, although he always did notice them cheap foreign cars, which weren't too bad if all you wanted was economical transportation, like, however—what?—no, there wasn't anybody in the Volks or near it, unless somebody was scrouched down back of the dashboard when his headlights got there, but you couldn't hardly do anything like that in them foreign cheapies—"Your witness, Mr. Warner."

Mr. Clipp's hurt, astonished look inquired: Is that all?

Without rising, Warner asked: "You do front end alignment?"

"Well, no, sir, that calls for pretty tricky machinery. Still, the way we're growing all the time—"

"Interior finish?"

"No, sir, that's mostly factory. Of course, in a pinch—"

Edith heard Hunter begin snarling: "What possible bearing—"

"None, sir. I just wanted to make sure Mr. Clipp hadn't left out anything. No further questions."

During the short courtroom roar, checked by the gavel, Edith thought she could read exasperated forgiveness in the face of Judge Terence Mann. But foreman Peter Anson, she saw, was not amused, nor Hoag, nor Francis Fielding. Business is serious: to make fun of a man when he's advertising is something like interrupting him in the men's room.

State Trooper Carlo San Giorgio, solemn, deceptively fresh-faced and young, followed Mr. Clipp. He had stopped a blue and white Pontiac, license JD1081, on Walton Road two miles beyond the city line, at 8:34 P.M., Sunday, August 16th. The driver was a young woman who gave her name as Mrs. James Doherty, which agreed with her driver's license. Her driving had been unsteady, with some wavering over the white line.

"Was she driving fast, exceeding the limit?"

"No, sir, rather slow. Just unsteady."

"Did she seem in good command of herself when you spoke to her?"

"Yes, but I did ask if she'd been drinking a little."

"Was her response satisfactory to you as a police officer?"

"Well—yes, sir, it was."

"Did you notice any smell of alcohol on her breath?"

"A trifle." San Giorgio fidgeted. "Just barely noticeable."

"But according to your observation, she wasn't what you'd call drunk, is that right?"

"No, sir, she certainly wasn't. Spoke coherently, understood what I said—real polite and—and nice."

"Did anything in her appearance suggest she might be ill?"

"She was slightly hoarse. I'd stopped her car where there was a pretty good light from a house across the road, and I thought her eyes looked very slightly inflamed. Enough to suggest she might be—oh, perhaps coming down with a cold. You understand, sir, these were very slight things, otherwise I couldn't have let her drive on."

Back of all that, Edith knew—back of the hedging, the slowly chosen words, back of Hunter's questions blunted by the hearsay rule—was the thing that San Giorgio knew and keenly remembered and could not say. Warner's dark eyes had narrowed to cold watchfulness, and Judge Mann's pencil was still. There wasn't any hearsay rule in Mr. Lamson's office. But here in the arena, Carlo San Giorgio couldn't say: "She said she'd had one little shot of brandy. And I said: 'Oh well, Miss, I guess we won't throw the book at you for that.'"

Last night at dinner, Cecil Warner had done some thinking out loud about Trooper San Giorgio, who would have in his own young mind no reasonable doubt. San Giorgio could not repeat Ann's words on the stand. And yet if he could, the Old Man said, it ought (if juries were logical) to make no essential difference. For there was no defense, he said, except a reasonable doubt as to criminal intent. "Reasonable doubt!" he said, and set down his glass because his fat hand was shaking. "You see it, Red? T.J. can say that criminal intent and premeditation are proved up to the hilt by the mere presence of the poison in Cal's apartment. He will. He'll rub their noses in it. Against that and a flock of other circumstantial facts, we've got just one fact, the fact of something that happened in Cal's mind. Is it a fact?"

"You and I both know it, don't we? She had no intent to kill."

But instead of answering directly, the Old Man had said: "Red, do you understand she's not certain of it herself?"

Edith had not quite understood it, until then.

"Did you give her a ticket, Trooper?"

"No, sir. From the address on her driving license I knew she had only about a mile to go. I told her she'd better head straight for home, and I told her I'd follow along behind till she got there, which I did."

The youth was reliving it, Edith saw, and perhaps painfully. A pretty girl, hot night and hazy moon—had he hoped to be invited into the house for a quick check on burglars and a little drink? Oh, probably not. Ann had carried an obvious flag of conventional virtue. San Giorgio would have recognized and respected it, and done no more than a bit of summer's-night dreaming.

"You drove behind her car, as far as the house on Summer Avenue?"

"I did, sir. I saw her turn in at the driveway, and since she made it all right, I drove on."

"Did you note the time?"

"Yes, sir: 8:43."

"Mr. Warner?"

"No questions."

Later last night, up at her studio, watching the fire in the grate through the prism of his wineglass, the Old Man said: "Who started the legend that the law court is a place devoted to search for truth? Answer, lawyers of course. But not counsel for the defense, Red. We know our function is to persuade. The prosecution may fool itself now and then, and kick the word 'truth' around; we can't afford to."

Edith had said flatly: "The system stinks."

He wasn't startled; he only grumbled: "I agree. The adversary system stinks. But working inside of it, my own position has logic enough to satisfy me. I get it out of a hypothesis, Red—not abstract truth, but working hypothesis. I say a human being once born has a right to live, if the word 'right' is going to mean anything—or let's say, a right not to be murdered, judicially or any other way. In other words, I'd defend Cal if I thought she was guilty as hell."

Crew-cut gray hair and dignity marched to the stand, the face under the gray brush unknown to Edith but carrying a nearly unmistakable professional stamp. This would be bad. Look towards me, Cal! I'll wear this old green suit tomorrow, too. "Arthur J. Devens, M.D." Look toward me! But telepathy is like other kinds of magic, she knew: fun to play with as a notion; if it worked, we'd run screaming. "A.B. Columbia, 1930, M.D. from College of Physicians and Surgeons." And maybe soon, another century or so, there'll be no such thing as privacy on earth except in the dark center of a few minds not quite overwhelmed. The desert shall blossom like the rose: distilled sea water, atomic-power pumps, sure, nothing to it, but no room for roses, and no hiding place—"active as Coroner's physician for Winchester County, New Essex, since 1952." But friend, if something happens inside the mind I don't know, to make you remember me, to turn your head toward me, I will smile. I'll say with my lips: "We're going to win."

"—preliminary examination made on the scene. The body was that of a young white woman in the middle twenties, of slight build, height five feet two. Rigor was complete, a light reddish post-mortem lividity noticeable, the face not markedly cyanotic. A moderate quantity of white cohesive foam adhered to nose and mouth. The hands, though stiffened in rigor, were not clenched as one often finds them in drowning cases. The conjunctivae were congested. Cutis anserina—gooseflesh—was pronounced on the thighs and upper arms. Gooseflesh," said Dr. Devens politely and patiently to the jury, "is frequently evident after death by drowning, if the water is far enough below body temperature, as it ordinarily is even in the tropics. To sum up that preliminary, superficial examination: it suggested, but did not prove, that death had occurred with less struggle than is usual in a drowning. It did prove that life was not extinct when the body entered the water. There was at least some breathing, possibly the shallow breathing of unconsciousness, but enough inhaling and exhaling and choking reflex to cause that foam."

"Doctor, a hypothetical question: if a person were stunned, I mean knocked entirely unconscious, before falling or being thrown into the water, and then perished by drowning, would you expect to find the body, after twelve to thirteen hours of submersion, more or less in the condition of Mrs. Doherty's at the time you made that first examination?"

Edith saw Callista start as if struck in the face. Her dark brows gathered in that quick frown of hers, and she was leaning to Cecil Warner, whispering. She looked, Edith thought, more disgusted than angry. Cecil's poker face remained in control. He only listened, shook his head, patted her hand.

"Oh, hypothetical—well.... I dare say the findings wouldn't be inconsistent. Of course, Mr. Hunter, I looked for any sign of head injury, a matter of routine, and found nothing of the kind."

"Isn't it possible, Doctor, to receive a head injury, perhaps from a padded thing like a sandbag, that won't leave any marks?"

"No superficial marks, maybe. I think you'd find post-mortem evidence, likely subdural hemorrhage."

"Even from a blow that merely stunned?"

With some acid and faraway amusement Dr. Devens remarked: "Even as Coroner's physician, I'm not too versed in the lore of sandbags. But I think that a blow heavy enough to stun, followed very soon by death from another cause, would leave some internal evidence."

"Did you look for such evidence?"

"I did."

"Is that standard procedure, by the way, when there's convincing evidence of drowning?"

"I can't say that I lean very much on standard procedure. So far as I'm concerned, any case that reaches the Coroner's office is unique. When there's any possibility of homicide, I try to think of everything, including the apparently far-fetched. Yes, I examined the head: cranial section—well, I don't suppose you want those details. Head, neck vertebrae, all perfectly normal, uninjured. In fact the one and only injury on the entire body surface was a trifling abrasion on the right anklebone, which could have been caused in any number of ways—a fall, or the anklebone scraping against something: impossible to say. I also examined the palms for earth marks, such as she might have got if she'd fallen forward and tried to break the fall with her hands. There weren't any, but I dare say several hours' immersion would have removed them if they were ever there. The skin of the palms was perfectly clear."

"I see. Go on, please."

"The body was placed in the mortuary wagon from Shanesville, and at my suggestion was taken to the Winchester morgue. I accompanied it there; it was at no time out of my sight. I began the post-mortem at about 1:30 P.M., assisted by Dr. Miles Dennison and with the authorization of Mr. District Attorney Lamson. I think I should say at this point that shortly before I began the post-mortem, I was notified by Winchester Chief of Police Morgan Collins that there was a possibility Mrs. Doherty had drunk poison, thought to be aconitine. I therefore had this in mind before beginning the examination, and I consulted by telephone with the toxicologist Dr. Walter Ginsberg, and prepared the organs, blood samples and so on, that he told me he would need for his study. The body weight was one hundred and ten pounds, slightly undernourished. There was an appendectomy scar, old; no other scars, no evidence of chronic illness or disorder, no marks of violence; the subject had never given birth. The nasal cavities and bronchi contained some stiff foam and a few dark brown and black specks identified by microscopic examination as fragments of dead leaves. No algae were found. Some water was in the lungs, but very little. The heart, not markedly distended, contained fluid blood, but that is not diagnostic: clotted blood may appear in a drowning case. The viscera were quite noticeably congested."

"That is diagnostic?—congestion of the viscera?"

"No, sir—may appear in many other conditions."

"Including some kinds of poisoning?"

"Yes, Mr. Hunter."

"For example poisoning by aconitine?"

"Yes."

"Did you employ the Gettler test?"

"Yes—inconclusive. The blood in the left side of the heart had a slightly lower concentration of sodium chloride than the blood on the right. If that difference had been pronounced, you could call it fair evidence of inhalation of fresh water, but it was too slight. I don't attach any significance to it."

"Could the lack of a positive finding be significant?"

"I don't think so. It's a good test, but plenty of things may confuse it. For instance, a drowning may occur from pharyngeal shock—a spasmodic throat contraction that causes asphyxia before much water is inhaled. Logically still a drowning death, but no water to speak of, so there goes your Gettler test."

"You looked of course for evidence of aconitine poisoning?"

"Only in a limited sense, sir. Aconitine doesn't leave gross traces for post-mortem, it's a job for the toxicologist, a chemical job. Since I knew Dr. Ginsberg would be working on it, I simply bore it in mind, prepared what he needed, and kept my eyes open. I can say under oath that I found nothing inconsistent with aconite poisoning having occurred shortly before the drowning. But the actual immediate cause of death was, in my opinion, asphyxia due to immersion, in other words drowning."

"Doctor, will you give the jury a description of the effects of aconitine in a lethal or near-lethal dose?"

"Frankly, sir, I'll be drawing on textbook knowledge, because this is the only case I ever encountered. Homicide by aconite is decidedly rare. So is suicide." Callista looked up, not to the doctor who dutifully faced the jury and would not look at her, but searching the rows of spectators. "Aconitine will cause numbness, tingling in the mouth, also in the fingers, possibly cramps in arms and legs. There's marked salivation, nausea, burning sensation in stomach and throat." Edith moved in her seat, and smiled, and tried to call in silence: I'm here. But Callista's eyes, searching, immense, drowned, passed over her. "A slow, irregular, weak pulse is characteristic, with rapid shallow breathing, muscular weakness, a general collapse. Nausea and vomiting are usual; sometimes there are convulsions. The poison depresses the medullary centers of the brain, but the cerebrum is hardly affected, which means the mind stays pretty clear until the coma that may supervene at the end." Callista's eyes found what they were seeking. It would not be her mother, Edith knew: Victoria Chalmers sat over at Edith's left. "Those symptoms I've described begin soon after aconite is taken. I believe death, when it occurs, usually comes in about four hours—but it can happen in a matter of minutes."

Edith wished not to turn her head; she felt instead an unwillingness, distaste, reluctance to learn what would be written in the face of Jim Doherty. But she could not help it. Knowing where he was seated, she was forced to turn until a sidelong look gave her the image of him, completing at that instant the sign of the cross, his eyes lowered, his lips moving. But the man beside him was watchful, interested, attentive, probably missing none of the testimony.

"What is the minimum lethal dose, Dr. Devens?"

"About a milligram. Some individuals might take up to five or six, and recover. More than six milligrams would likely finish anyone, unless there was immediate medical attention—you understand, those figures refer to a pure concentration of the drug."

Callista's lips were moving also. As Edith looked to her again, she saw them shape unmistakable words: "Go away!" There would be no sound, Edith thought, even for Cecil Warner, who had taken hold of her hand and was showing the beginning of alarm. "Go away!"

"Is the drug readily soluble in alcohol?"

"Yes, Mr. Hunter."

Callista, be quiet! He can't hear you. He can't hear anyone.

"Assuming a person had taken four to five milligrams of the poison, Dr. Devens, he could still be saved by immediate medical attention?"

The girl said something to Cecil Warner, quick and possibly sharp; Edith caught the faint note of her voice under the dry dominating noise of Dr. Devens, the words indistinguishable, blotted out by his: "Certainly, sir, the patient could probably be saved. Stomach pump. Tannic acid I imagine, to render the poison inert. You'd give heart stimulants, say digitalis. A healthy patient would have a pretty good chance."

"Thank you, Dr. Devens. Cross examination, Mr. Warner?"

"No cross examination." But Warner was up, for once urgently quick-spoken. "Your Honor, in view of my client's exhaustion, may we have adjournment at this time?"

In the abrupt hush that followed Warner's question, Callista's voice, not loud, not really a cry, was surely heard by everyone, even by Jim Doherty. "Go away, my love!"

The Judge winced, speaking hastily: "The Court stands adjourned until ten A.M. tomorrow."

Edith also observed the press tables, and the jolly excited scramble for the telephones.

IV

The pavements throbbed with a golden, sometimes iridescent flame, which could not deceive Cecil Warner, for he was not drunk. The time hadn't come and never would when two bourbons on top of an average dinner could make a fool of him. The dancing fire was nothing in the world but the reflection of headlights on sidewalks wet with the return of winter rain.

On his left a separate darkness kept pace with him, blotting out the fire-ballet as he moved. I cast a shadow. It is the nature of a man to cast a shadow. This is done even by a few of the dead.

No. 'Their works do follow after them'; but that's not shadow, except by ill-advised figure of speech. That is what I shall term—(BAR AND GRILL twenty paces ahead)—shall term the immortality of consequences, of continuing events. Shadow's different. Shadow is the occlusion of light rays by an impermeable mass, me for instance. Avoid all ill-advised figures of speech. Go away, my love!

He observed it was Hanlon's Bar and Grill, corner of Main and Willard, damned if it wasn't—interesting, since he'd thought he was three blocks further west. He advanced through the logical absurdity of a revolving door. Quiet here tonight. He read the others at the bar in a practiced glance: four nondescript males and a large platinum wench, all unknown. He fumbled past his damp overcoat, drawing forth and consulting his thin and ancient pocket watch of yellow gold. His inner vision recorded, as always, the florid inscription he would see if his thumbnail opened the hinged back of the case: Ezra Allen Warner, 1880. A gift from his grandfather to his father, on the boy Ezra's graduation from college at twenty-one. For the last thirty-odd years Cecil had not been able to look on this delicate artifact without some dark stirring of the thought: I have no children. The fantastically graceful hands declared the present hour to be ten-thirty; they had been truth-tellers for eighty years. "Evening, Tom. Bourbon and water."

"Sure enough, Mr. Warner. Raining again, isn't it?"

"A sprinkle. A certain piddling effort. Possibly the tears of the gods are running thin in this latter age."

Tom's patient face was acknowledging him as a Character. "You could be right." Tom would have absorbed every word on the Blake case that the evening Courier had to offer; adult, seasoned, sensitive, he wouldn't mention it unless Warner did. He had even spoken Warner's name in a soft tone that would not carry down the bar. He poured the bourbon, gave the mahogany a needless swipe or two for friendship's sake in case the Old Man wanted to talk, and drifted back to his post of command.

Two men, blurred by Warner's preoccupation, were discussing space flight across the intervening blonde. Beyond them two others carried on an argument that rose to audibility only now and then. The Old Man heard and did not hear them; heard and did not hear the deeper counterpoint within him.

Tomorrow, assuming tomorrow came, the attack would follow a different line. Callista's adultery and deception, illustrative details by courtesy of the neighbors and Nathaniel Judd, plus T.J.'s dreary assertions and reassertions that the girl was being tried for nothing but murder—perhaps T.J. could even manage to believe that himself, for the duration. Callista's atheism; yes, almost certainly some one of the State's witnesses would most casually drop in the word "atheist." Protest, uproar, the Old Man scolding, T.J. doing a baritone solo on religious tolerance; then the mockery (Terence himself would hate it) of striking an answer from the record when no means existed to strike it from the jurors' minds.

"It don't push against atmosphere up there, account there isn't any."

"All right, I know that, but how does it push, 's what I don't get?"

"No she didn't! She said, her exact words, 'you never knew what was ordinary for Callista'—exact words."

"Were you there?"

"Hell no, like I told you, I couldn't get off from work, but the Courier's printing every word, so all you got to do is put two and two—"

"—pushes against itself, see? The satellite itself is the God-damn resistance, like you're shooting a pistol, and the recoil—you ever shoot a pistol?"

"Hate 'em. Sure way to get hurt."

Platinum said: "'S like this, Buck, what Sam's try'n'a tell you, you get up 'ere in shpace, you just be'r not fart."

"Now, June," said bartender Tom, "you want to watch the talk."

"I di'n' say single thing."

"Okay, June baby, just watch it is all."

"What I mean is, everybody figures the girl is nuts, that old woman Welsh and everybody. So what you're going to see, you're going to see an insanity defense. It always happens—"

"No sumbishn barkeep's telling me how talk."

"June baby, I keep telling you—"

"Happens every time. She'll be put away a few years, and then let out, do it all over again, like—"

"Only thing I'm try'n'a find out, what does it push against behind?"

"I'm beginning to think it's no use try'n'a explain it to you."

"Tom!"

"Hell, like a poisoner always does! You want to bet? Happened a million times. I read a book—"

"Tom!"

"Yeah? You better not have any more, June."

"Don't want any more—not why I called you. Just wanted say, 'm sorry 'f anything I said gave 'fense. None 'tended. All's I want's everybody be happy."

But the defense—

"Sure, June, that's okay."

"'S my whole life right 'ere, see? Ask anybody knows me."

"Okay, June!"

The defense never rests.

"Okay he says, he keeps saying okay, Jesus Christ, you ought to listen I'm telling you, not just keep saying okay, okay. Ever since I was little girl, honest, all's I ever wanted was everybody be happy."

[4]

... O how can Love's eye be true,
That is so vex'd with watching and with tears?
SHAKESPEARE, Sonnet CXLVIII

I

Thought of work had halted Edith's aimless wandering on the Christmas-spattered evening streets downtown. Now the drawing table and empty chair in her studio brought Callista poignantly close in absence. How arrogantly, like a beloved child, Callista had captured her life!

Window-shopping with no heart for it, necessary gifts already bought, she had become fed up with Winchester, noise, people, sidewalk grit flung by the wind; with gaudy lights desperately imitating good cheer, drizzle-nosed bell-ringers and Santa Clauses, carols once pretty now done to death, fed up with crowd faces till she recoiled from them as from a rat-race of tragic masks.

Getting off the bus—she seldom used her car downtown, hating the struggle of searching out a parking space—her skirt was twitched up by the breeze for the lech of a pair of whistling teen-agers. Edith had been dourly amused. Try looking at the face some time, kids!—and the mood kept with her as far as her third floor walkup on Hallam Street. The hour was nine-thirty, Papa Doorn just closing his delicatessen on the ground floor, giving her a gentle "Good night, Miss Nolan!"

No mail but a swatch of ads drenched in the season's gladness, and the janitor would never provide a wastebasket in the entry. She dumped the mess in the studio trash-box, glancing at the cameras, screens, props, at the dim end of the studio. A fantastic way to earn a living, close to the mainstream of human vanity. But at this end, with the north light, wall-shelves, drawing table, work could be done after survival was taken care of. Callista's work for a year, and Edith's own. The bread-and-butter end of the studio was already dusty. Edith had canceled portrait engagements for the duration of the trial, disinclined to hire a temporary helper: why knock oneself out immortalizing the fish-faced?

She touched the table, symbolic touching of a hardness-without-coldness that was one element of Callista Blake. Stop it, Red! She's not here. She took down a folder of Callista's drawings—some careful, some swift, all begotten of a mind that could see, laugh, pity, understand. Also in that folder was a letter Callista had written after Edith's last visit to the detention cell, Saturday, three days ago. Edith knew the drawings. She would find nothing new in them now, when she was out of temper and moved by a wish to start some work of her own. Glance at that abandoned wagon in long grass? Or the supermarket clerk, homely day's end weariness caught in a dozen lines with that compassion of Callista's (at nineteen!) which she could almost never convey in spoken words? Not now. Edith glanced at a watercolor on the wall, one she had taken from Cal's apartment for safety with Herb Chalmers' distracted consent and after the police had given leave. A mountain slope, a wind-ravished pine, shouting deep color against a storm sky intense with the power of two worlds, the world of life and growth and dying before Callista's eyes, and the world of Callista's most observing self.

Off in her living-room the telephone rang. Edith ran for it. The voice was slurred, uncertain. "Miss Nolan—Edith—all evening trying to get you. Jim Doherty—now please don't hang up."

"Of course I won't." She tried not to snap. "What is it?"

"Had to ask you something." He was rather drunk. "May seem unreason'ble, guess you hate me anyhow, but—"

"I won't hang up. I don't hate you. What is it, Jim?"

"Maybe wouldn't blame you. You feel I let her down. Feel I'm an enemy or something—sorry—not what I'm trying to say—" She waited, watching her thin white fingers play with a pencil from the telephone table, a pinpoint of perception somehow important, as if it kept her distressed and startled mind from swirling away down the telephone mouthpiece like water down the hole of a handbasin. She heard a beat of mechanical music; Jim would be in a bar, the booth shut against a squalling of radio or television. The large-boned, dark-Irish face would be pale with alcohol, filmed with sweat, black hair disordered, wide mouth talking against its own unwillingness. Dark eyes rigid, unfocused, behind them Jim's own image of a crackpot redhead who was Callista's friend. He was a tall man; the stingy crannies of the booth would bother his legs. An impressive young stallion: any woman felt that much, and one could (sometimes) see why Callista—"Edith, what happened there, before adjournment? I've got to know. I sort of lost track, then they were taking her away. What—"

"You didn't hear what she said?"

"No, that's it, I didn't. I was praying—well, for her, though I suppose that doesn't mean anything to you, no offense, anyway I—"

"Didn't your friend hear what she said?"

"My—oh, you mean Father Bland. No, he didn't."

"Is he deaf?"

"Yes, a little." She heard the righteous reproach; it must have done Jim good to put her in the wrong. "What did she say?"

"She said: 'Go away, my love!'"

He would be still there. She heard breathing, and the background noise, a hot trumpet squeaking up the summits of banality. She said: "Jim, do you still love her at all?"

But how could she know the color of the word in his language? How was he to glimpse the meanings of it in her own? If even Sam Grainger couldn't quite admit that divergence of language long ago (my own language far simpler then!) if not even Sam (where are you?) then how could poor Jim Doherty who had no wish to think for himself?

"What else did she say?" Hadn't Jim heard the idiot question?

It seemed to her the question had been divided, an echo-voice asking of another with another name: Sam (where are you?) do you still love her (the name was Red-Top, remember?) or think of her at all? Meanwhile—"She said nothing else, Jim, nothing I heard."

"Oh. I—look, I never told her—I mean—oh, I don't know. I—" Edith held the receiver further away with its wiry babble of misery: "I tried to make her understand—that part, all in her head—she—"

"She fell in love with what she wanted you to be."

"What? No, you're wrong, she wasn't in love with me."

"That's what I meant, Jim. She loved an image, not a man. Only, there was a—" (Edith, stop! Don't say it!)—"a tangible male involved in it too, who happened to get her pregnant."

"I—can't go for that psychological stuff. She's over eighteen. Well, I know, you can beat me over the head with the pregnancy if you want to, but since it wasn't God's will that it should live, what can I do?"

"What she said, perhaps." She heard her own voice electric, hurting in her ears. "If she were still carrying it, what would you do? That would be wages of sin, I guess? The way it was God's will you should try out a virgin for variety, or kicks? Or did you just feel that if an unconventional, unreligious girl wasn't a whore she ought to be?"

"I shouldn't have called. God forgive you."

Edith set the instrument down. The trembling would presently stop. Overcharge of adrenalin, stupid physical need to slash again, with claws. She fumbled a cigarette from the box by the telephone. Anyway Jim would not call back. He'd rest on the dignity of his last word, which Father Bland would have approved.

Sam Grainger was in the world, somewhere. Married probably, with one of the symphonies, teaching. His myriad hours of violin and oboe practice, piano, harmony, counterpoint, all had been aiming at that. The violin for preference, oboe because good violinists are numerous. With affection that had never perished, Edith thought: What Sam wants, Sam earns and gets. She noticed she was thinking in the present tense. Fair enough: it would still be true. Sam Grainger would still be a man dedicated and absorbed, immune to discouragement, too big for distractions. He had not been too seriously distracted by an affair with a redheaded art student. So what has become of the old brownstone front, shabby-sacred rooms, thready hole in the rug, genially silly print of "The Storm"—Mrs. Cardle considered that one real nice for anyone that was artistic-like—and the bed that mysteriously didn't squeak if you lay across it instead of lengthwise? What stills the music, and where are the green shadows of Arcadia?

The rooms would have accepted the whispering and secret laughter of a crowd of lovers in seven years, all giggling at sad, vague, moral Mrs. Cardle and that grayish lump of dough, her husband, whose thick delirium of hate for the antique coal furnace in the basement was very nearly a form of love. You saw the Cardles dealing with an ebb and flow of Boston lodgers world without end. But they could have been human and mortal; the brownstone could have yielded to a flat-faced office building. If it had not, though, the center flagstone of the rear yard would look the same in a sluice of rain, the crack in it like the junction of Ohio and Mississippi, seen by young eyes from the window of the third floor back.

One gray afternoon—Edith's room dim, the curtains adequate—they had stood naked near that window to watch Mrs. Cardle trying to teach her old round-bellied bulldog to roll over and play dead. Behind closed eyes and seven years, Edith felt again Sam's chin at her shoulder, shiver of held-in laughter at the dog's patient refusal to understand and its resemblance to Mr. Cardle; Sam's arm under her breasts moving, she turning then, clutching his black curls in mimic savagery, twisting free of him, racing him to the bed, caught with welcome violence and sudden entering thrust, violently held through a long course of love, an animal riot of pleasure carrying them together to the height, to the moment when the heart must break and die a little, the explosion of not-pain, the blindness and the quiet. And the quiet: summit of a hillside, also homely truth of two bodies in the aftermath of orgasm, each comic-serious detail of throbbing and subsiding organs felt, known, recorded in the mind's continuing life history with acceptance, tenderness, satisfaction, relief, amusement, wonder. Kissing him slowly in the quiet, kissing the hard-tipped fingers of his left hand, fine bony rib cage and knotty shoulders, the lifetime red mark printed under his jawbone by the violin, his other love. And—"Time I should get back to work, Red-Top."

Edith had been jealous, in a way, yet she had never knowingly desired to cut him down to size or usurp the government of his private world. And surely there had been cause to resent his indifference toward her own work, ambition, oriented dreaming. Not indifference: call it lack of awareness. As on that heartbreak evening when she had taken down Mrs. Cardle's "Storm" and replaced it with a darktoned watercolor, a Nolan original and, in her judgment, good.

He never saw it.

When he slipped into her room he had not seemed much preoccupied with his own studies; he just looked at the watercolor and didn't see it. Cheerful, until her darkening hopelessly unreasonable mood infected him. When the quarrel began, over something else, some damned side issue now blanked out of memory, he still didn't see the picture.

That quarrel was patched up the next night, in bed. There were others. The essential trust of two-against-the-world was gone: in the darkness behind daily perception two strangers still winced and glared, astonished at the wounds. Drift then, from radiance to near-commonplace, above the organ-point of things unsaid.

In the summer after the school year, Sam had written, once; Edith had answered, twice. End of affair. Yielding to a long assault of cancer, Edith's mother died that summer. An emptiness then, plus discouragement with art school that kept her from going back. Instead she had taken a commercial course in photography, her dazed but practical father approving and footing the bill. The following summer, a purposeful wandering in Amy the Model A (a cantankerously good little heap even now in 1959), remembering more clearly than any other conversation what her father had said before she left: "Look, Skinnay, you marry or work at something you like, or just loaf a while and raise hell, but don't turn into a dutiful daughter taking care of the old man." Shoving aside a heap of paper work brought home—the old man was a C.P.A. and a good one—and turning up to her the bald head, moon face, tenderly sarcastic eyes. "Don't do that, or I will turn you over my knee, and your fanny, dearest, is not fat enough to sustain the impact. The old man takes care of himself." A purposeful wandering, for that summer she had surely been looking for something more than a place that would do for a photographic studio; looking for maturity perhaps. Then Winchester, the investment paying off in adequate survival, plus a bit of freedom. No more letters to Sam: end of affair, diminuendo to an imperfect cadence dissonant with the organ-point, the only resolution silence.

What did we think we were doing? I was fighting to be a person? Or just to make Sam admit I must sometimes be person first, sweetheart second? A lot of the time I was just damn well fighting ... Deep inside, very likely, the daughter of earth had been weighing consequences, a simpler Eve murmuring of home, nest, security, advantages of snaring a good man when there was one to be had.

My first, my only, which for a warmblooded redhead is absurd, gentlemen, no argument. What happens? Why this other drift that for some of us, many of us, extends from months into years of accepting dullness and the erosion of daily demands, waiting for the rainbow blaze that may never appear, the heart knowing all the time that there's only one life and not much time to live it? Edith fidgeted, angry at the introspection itself, at the fatigue or laziness that held her in this armchair when some other part of her honestly wanted to get up and go to work. O wind-sweet valley of Arcadia—remember me?

She noticed the chill, and got up then with a flounce of irritation. Caught by Jim's telephone call, she had not yet turned up the heat for the Burrow. Maybe she wouldn't bother. Turn it up in the studio, leave the Burrow cool for bedtime. Get to work! Or try to.

Dust filmed the fireplace mantel. In a half-light beyond the bedroom doorway, yesterday's panties gaped lewdly from the seat of a chair. She must have been seduced by some clever idea when she was on the point of tossing them in the laundry bag. At least she had made the bed. Too much alone, small Edith. She remembered with a wrench of pain that early last August Cal had just about agreed to give up her apartment and come share this one. August—Edith carried her coat into the bedroom, hung it properly, stuffed the offending panties away.

If Callista and Jim could have spoken each other's languages? Proposition absurd. Callista groping out of the jungle of an ugly childhood, Jim living (till Ann died anyway) according to surface impulses and ready-made directives of social and religious authority—no, there could have been no conversation. What ailed her, going overboard for that bundle of bad luck? Call it chance. Swept away by need, nearness, charm of a prepossessing male; maybe unknowingly goaded in spite of herself by the dithering emphasis of American culture on sexual activity as the end, cure, meaning for everything: luv-luv-luv. And Jim no more "to blame" than she. As much an accident as falling downstairs.

A gust rattled the bedroom window and hummed across chimney-tops and died. Go away, my love!

Edith changed out of the green suit into a cherished dingy blue bathrobe. In the bureau mirror she glimpsed her own color and motion. Clear sky-blue eyes would hold that color a lifetime, though the irises would some day blur at the rims, the vision would not remain 20-20, lids would crinkle, brows turn sandy-gray, then white. Grooves in the forehead would deepen, and the brackets at nose and mouth. Red hair must whiten—quickly, one could hope, without streaks. That smoothness from small chin down a slim neck to the collar of Venus with no sag or wrinkle at thirty-one—well. Already crowding her luck a bit there; pretty Ann Doherty, for all her needless dieting, had been starting a tiny double chin at twenty-six. The bathrobe unbelted allowed a gleam of small breasts neat and high, jaunty and delicate, red-tipped like white peonies. Fun for somebody, going to waste—are you listening, bitch in the manger? Her finger tapped the unsmiling woman in the glass, and she was stricken by thought of another face, also far from the conventional norms of beauty.

They used a hood, didn't they, electrodes concealed by an intolerable obscenity of black rubber?

No thought is finished until the thinker dies, then only blotted out, the death rattle a throat-clearing for what's not to be said. Mother, the morphine not helping yet, certain she'd left something on the stove to boil over, couldn't convince her. For thought is action. What's this, Edith? Philosophy A, Radcliffe, Class of '48 and all that?

All the same, she reflected, it is action, and the hell with Plato the Father of Half-Truths. So why wonder that an earlier self becomes a creature of mystery? Where was the cross thin woman who talked sharply to Jim Doherty a few minutes ago? You say: It was one I who thought and acted thus and so; now I am not what I was, but I inherit any continuing good and bad and all responsibility: if I don't clean up after the person I left behind, nobody else will. That was the thorny passage, the truth too easily blurred.

Yet only a few, she thought, could endure the concept of mind-as-motion. By contrast, how apparently solid and comfortable are the absolutes, static symbols, devices of everyday talk to create the illusion of a stillness in time, so that we can draw breath and feel for a moment that we know who we are! In a ship you can stay below, avoid the portholes, ignore the long rise and fall as the vessel encounters a rolling of the sea, and pretend your cabin is a landside thing: fine woodwork, carpet, all that, and if now and then you do feel a throb of engines or tilting of the world, why, Captain God's on the bridge and will see to everything. And yet it doesn't take too much courage to go stand at the bow and discover the wind in your face: a child can do it; a grown-up can recognize the captain as skilled but humanly mortal.

Edith crossed the hall to the studio, where cool light on the drawing table waited like a reminder of courage. She took out Callista's letter, carefully as though the pages were drawings, and the large light handwriting did have some of that quality, Callista's hand refusing to waver at any disturbance of her thought:

Dear Edith:

It was good to be with you, though I was unpleasant, ridding myself of accumulated venom. I can't safely talk in my worst way to anyone else—Cecil is too vulnerable. And I miscalculated, thought we had more time, was about to shut up and hear you (what I wanted above all) but then time up, opportunity gone.

Don't try to cut the red tape for another visit after the trial opens. When I see you now I think too much, in spite of you, of what I may lose. The work, freedom, gaiety, good talk I never heard till I met you. I'd better keep my shell until this is over, I seem to need it. Stay away just because I do cherish you. Dear Edith, I'm sickened to remember how I talked this afternoon—but maybe it won't end the way my present mood says it will. A mood is only part of a journey—you said that to me once, now I keep the words with me.

Cecil came to see me after you left—he looks ill, Edith. Does poor old Mrs. Wilks really do enough about looking after him? Look—I tried to tell him more about Mother and Herb, and the Saturday night uproar with Mother that I described to you. Give him more of that, will you? I made a botch of telling him, I suppose because I love him, my mind wouldn't focus on my own mess. How does it happen (C. let it slip) that Herb is meeting so many of the incidental expenses when I said so damn plain it was to come out of my money from Father's estate? Please try to find out, will you?

I can't think straight any more tonight. I slop off into self-pity, lose track altogether. I don't believe human beings are adequate for this kind of thing, Edith, I know I'm not anyway. You heard me whimper once, only once. Alone, I do a good deal of that, friend, I can't help it—hermit crab's a soft blob of nothing-much inside the borrowed shell. I'm no Latimer sticking his hand in the fire. Not even jailed for a Cause, just want to live. I don't know what love is either, but now and then I wonder if anyone ever knew more about it than I do.

My love to you,
Callista.

II

Terence Mann stopped playing, tense with a dissonance of perplexity. A wrong time and mood for Chopin: his hands had been dull in the C-sharp Minor Impromptu. No music now, but an impulsive sorrow of December wind leaning against the building in the dark. "Callista never cried."

To Maud Welsh, that had been "real unnatural." Judge Mann did not find it so. Self-pity was not evident as a quality of Callista Blake.

He understood with almost amused distress that he liked the girl. That, plus old dislike for the representative of her accuser the State: how far can you go with such a bias before the judicial lid blows off?

He remembered doubtfully a talk with Joe Bass the evening before—anything more than a flurry of wishful thinking? Increase of humanitarianism in the last century and a half? Well, social history agreed, if you read it with some detachment from the immediate terrors of the decade. And the increase could hardly be ignored or dismissed except by someone bitterly in love with his own pessimism. Modern postwar pessimism, although a cult like any other, was persuasive, deceptively articulate. Something contagious in a comprehensive the-hell-with-it.

Social history made it clear that capital punishment had dwindled in frequency from a common public entertainment to something almost rare. The states still practicing it gave evidence of official shame, or at least of a schizophrenic need to serve two contraries, to appease the recurrent vengefulness of their multitudes but also to hide the dirty thing, tacitly apologize, soften its most visible nastiness in the hope that conscience would shut up and sleep again. Such a condition would be preliminary to change. Like tuberculosis and venereal disease, capital punishment was on the way out but going out in the manner of things legal, with dreary and creeping slowness. Wasn't that how he had reasoned two years ago, when his name was up in the election more or less unopposed? Or had he honestly faced it at all?

Hadn't he simply regarded a judgeship as mostly useful work and $18,000 a year? And hadn't he accepted, without enough examination, the doctrine that a judge is only an instrument of something greater than himself? An instrument of what something, greater than himself in what way? The questions projected themselves beyond the cloud-curtain of mysticism. But it seemed to Judge Mann that unless they could receive a daylight answer, the doctrine itself was solemn nonsense.

Imagining Society with a capital S to be greater than the individual—no answer there, only a more opaque mysticism. The mental construction "Society" is an achievement of the individual brain, an organ that had better not be too dazzled by products of its own authorship.

The issue of capital punishment had been bound to arise. I knew the laws. I knew that New Essex was no more free than any other state from crime and the balancing crime of punishment.

From an unseeing stare at the carpet, his head jerked up as if at the entrance of another. Balancing crime of punishment: he had been thinking in specific words, talking to a half-personalized projection of the self, and the words had power to startle him.

It was a commonplace to Terence Mann that punishment itself is an archaic evil in the law. As special prosecutor, as defense lawyer on a few occasions, in the relatively clean region of civil law, he had tried to favor any reorientation of thought and action that might discredit punishment as a respected motivation and replace it by efforts at healing and reclamation. As a judge, familiar with the endless parade of minor offenders (most of them with no chance of redemption, for where in the modern state was there a sufficient will to redeem even the young, or the time, patience, money, wisdom, to implement it?), Judge Mann had been aware of no impulse in himself to punish, only of a desire to lessen disorder, and try for the long view. And then, Callista Blake. But—balancing crime of punishment: well, there it was simply his own unexpected rephrasing of the issue that had startled him. Apart from that, if that was significant, this self-castigation probably served no purpose.

Fashionable but without merit, to wail that we are all guilty. So we are, in a sense, and (unless one intends to do something about it) so what? Breast-beating is as solitary as any other form of masturbation. The modern spirit, he thought, for a long time before Hiroshima, had grown too fond of the wail, the masochistic acceptance of futility that ended in a downright enjoyment of it, a perversion as sterile as the antics of the louse-eaten monks of the Thebaid. Admit that two years ago he might not have been completely honest with himself. All right: what mattered now was that a slow broadening of reform might look very fine in the armchair perspective of a history book, but was no use at all to Callista Blake, nineteen years old. Capital punishment was on the way out, taking her along with it. Therefore in the very present specific instance: What to do?

Wandering to the other side of the room, fingering the stacks of sheet music and the bound volumes, Judge Mann reflected that a judgeship is a very damned comfortable thing, to the nerves of pocketbook and of vanity, until a moment of self-appraisal brings you the image of a bewildered monkey in a black gown. An image caught as though in multiple mirrors. No good turning your head aside: a mirror in every wall, and the monkey, poor puzzled well-meaning bastard, in every mirror.

He did not want now the fury or grief or laughter of Beethoven; not now the lofty tenderness or robust passion of Johannes Brahms. He took down his one-volume edition of the Well-Tempered Clavichord and glanced at a memory-stirring litter of pencil marks made long ago in the curly script of his teacher Michael Brooks. Mr. Brooks had died before the war, very old and partly blind. He might live another hundred years in these marks, far longer in the spreading influence of his fifty years of teaching, the impetus he gave to other lives continuing beyond any knowledge or measuring. Very good, Terence!... More slow trill practice absolutely essential!! Andante does not mean Adagio. In this Prelude schmaltz is possible but I do not like it. Excellent but you could do better. Bring out the inner voices.

Mr. Brooks grew vivid in memory, speaking with difficulty and panting breath because of age and the burden of fat that seemed (till you learned better) as though it might block his pudgy improbable hands away from the keyboard entirely. He had been seventy when Terence at age eight began lessons; he went on teaching twelve years thereafter. Terence remembered the gray eyes, tiny-appearing, sometimes inflamed, in folds of drooping lids and fat, the completely hairless skull rising to a peak, the wondrously ugly features that after the first impact of astonishment left the word "ugly" without meaning. "You think the Fugues are dry, Terence? Bring out the inner voices.... See, Terence, all the composers have something for you. But when you are unhappy—" blinking, sighing, coughing; and Terence recalled a child's botheration, dread of giggles, at an old man's prolonged throat-clearing, guttural noises, conversational spray, habit of patting forlornly at the air when a needed word was gone from him—"or when you have discovered that happiness is only a sometime thing at best, not too important, then try Bach, Terence, try Bach. Because he will let you enter a place where you become bigger than sadness or happiness. And bring out the inner voices."

He set the old book on the piano. Hands and brain were tired, the hour late, though the neighboring apartment-dwellers were tolerant and often kept their mechanical music perking until after midnight. For a while he was in that place: Well, Mr. Brooks, "container and thing contained": aren't we always bigger than what stirs within us? All the same it was a good way to talk to a child. But the very facility of his hands betrayed him, leaving his mind too free. Good at first, to continue private thought while Bach was speaking, but then only another troublesome dividing of the self.

Terence's father, not a patient man, would have said at this point or sooner: "God-sake, Terry, make up your mind!"

He would have said that, before 1928. In that year Father changed. And maybe the gray and harassed man could have entertained doubts earlier in his life on such an issue as capital punishment. He didn't have a closed or ungenerous mind; he couldn't afford to, a small-town doctor with two skittish growing boys and a wife who came to believe herself in deep other-worldly communication with Mary Queen of Scots. But many of Father's opinions were formed when he was a young man in the era of Teddy Roosevelt, and he didn't always remember to speak softly. Unlike his older brother Uncle Norden, who must have early learned the advantages of speaking softly at great length—anyhow Uncle Nord built up that accomplishment into a thundering good law practice.

Father (before 1928) would likely have said if you asked him that criminals so hardened as to commit murder—oh, put 'em out. For the good of society. Human failures: the unfit—odd word much loved by the nineteenth century, used apparently in a sort of gentleman's agreement that no one was going to ask: unfit for what? Father would not have spoken so out of vindictiveness or lack of human feeling: just the impatient judgment of a busy man with troubles of his own, who accepted a number of antique notions because he grew up with them. That few hardened criminals ever commit murder, that most murderers have acted on a blinding impulse unlikely to recur—such facts would have been outside his mental territory, and unacceptable. Knowledge of what Father would have said was for Terence a bloodstream thing, no longer traceable to any remembered words. Like most people including doctors, Dr. Carl Mann had never witnessed an execution, nor known anyone well who wound up in jail. Gentlemen don't.

After Elinor Mann's final breakdown and commitment, Father no longer announced his views with much positiveness. In that year 1928 the bottom fell out; Dr. Mann couldn't even get positive about Al Smith, in spite of a long-standing rage at the imbecilities of Prohibition. When not meeting the heavy demands of a country medical practice, he was beating out heart and brain in a private crucifixion, asking himself the wrong questions: What could I have done differently? Where did I fail her? As though a clarification of his own past might even then help to restore Elinor's mind, that had never really tolerated the difficulties of living before it made permanent retreat into the smoke of paranoid fantasy.

Terence's hands fell away from the piano, leaving the third Fugue unfinished. How had he arrived at contemplation of that time-eroded grief? The subject was Callista Blake, not Elinor Mann.

Who still lived, if you could call it that, in the curiously ordered world of yellow brick and manicured lawns that was Claiborne Hospital. She was seventy-eight this year, clouded by senility along with the psychosis. She recognized Terence on his visits, listening or seeming to, usually with patiently closed eyes, as he toiled to create a conversation.

Jack, successful in his own psychiatric practice, had more difficulty when he drove or flew from Boston to see her. Thirty-one years ago the cobwebs of her delusions had wrapped themselves inextricably around the life of the elder son, four years older than Terence and at that time in his Junior year at Harvard. Her voices (many others along with that of Mary Queen of Scots) had informed her that Jack was increasingly involved with gangsters and women of ill fame. The college authorities and, for some never-explained reason, Mayor Jimmy Walker, were all in it together. When she was on the point of going up to Cambridge to deal with all that, Dr. Carl Mann, goaded at last into understanding, said no. She flung an inkwell in his face and gouged it with a pair of scissors; though he was fairly muscular and she was not, it required the help of his office nurse to restrain her. Most of that was over, the dust settling, when Terence, sixteen years old, got home from school. Now in her antiquity the sorrows, fantasies, and angers of the past were still preserved for her by the specialized, selective memory of the schizophrenic, flies in amber. A year ago, Terence and Jack visiting her together, she told Terence that she could easily have forgiven poor Jack if he had lived. Then it came out, in a natural, pleasantly quiet conversation, that the slim gray-haired man sitting over there was nothing but a body, stolen for no good purpose by the unclean spirit of Henry VIII. Later, at the airport, Jack remarked: "Psychiatrically speaking it may be a poor symptom, but don't mind it, Terry. I'll make out all right as hell-fire Harry Tudor. Less of a strain than some of my other roles."

"Beyond psychiatry, isn't it?"

"If you mean beyond effective therapy, yes, boy." "Boy" from Jack was acceptable—always had been. "It was beyond existing therapy thirty years ago." Jack also counted years. "We just don't know the score on paranoid schizophrenia. We know approximately what to expect, which is something maybe. Mental disease could be the last holdout among medical enigmas, Terry. We may be sweating out cases like Mother's when there's a pill or a shot for cancer. It's the—oh, the inaccessibility of mental action." Jack had been tired, but not remote; fatigue never dulled a shining quality of his alertness. "Wait till you get some big case in court with a borderline paranoid as a star performer."

That conversation of a year ago had been hampered, Jack waiting on the start of his plane flight back to Boston; no leisure, bustling strangers, time pressure, uproar of loudspeakers and warming engines. Was it relevant now? Callista Blake a borderline paranoid? Rather urgently and emphatically, Judge Mann thought: No, she's not.

Psychiatry more or less stood in the wings, in People vs. Blake. The State's man called her legally sane. If he hadn't, the State would have had no trouble shopping around for someone who did. Warner had had the girl examined by a Dr. Coburn, who might or might not testify; so far Warner had dropped no hint suggesting an insanity defense.

Inaccessibility of mental action: that was relevant. Dominantly. For wasn't that the very essence of the principle of "reasonable doubt"? And was there any rational formula anywhere in the law, except the principle of reasonable doubt, at all likely to save Callista Blake?

Must see Jack again, soon. He looked out on the city's darkness past a false curtain of window-glass reflection; a city of magic under a lens of illusion, as long ago in the creaky white-pillared house in Emmetville where he grew up he used to look out from the bedroom he shared with Jack, at images that would not live by day. Especially on rainy nights the vacant lot on the other side of Maple Street became for the boy transfigured, a garden of living shadows; sometimes, under the lash of wet wind, even the sea as Conrad and Melville had given the sea to him. In winter, leaves fallen, one could look past the few naked trees at the back of the lot, to a gleam of water a mile away, Walton Pond reflecting the motion and glitter of the railroad yard on its far side. Every night at 9:25, the ghostly passage of a fourteen-car express (to Terence and Jack, The Express)—one of the great trains that couldn't be imagined as stopping at Emmetville. You did not hear its thunder, only saw the silent gliding of windows; then thirty seconds after the vanishing came the desolate splendor of the whistle crying for a grade crossing, the night imperfect until that music had fulfilled its mission and died. See him again; and bring out the inner voices.

The once vacant lot was now occupied in front by a filling station, in the rear by a drive-in theater; as a passion-pit, that probably served on a mass-production basis the same purpose once served by the vacant lot, where he and Jack occasionally discovered and snickered at the discarded rubber, stained handkerchiefs, and other detritus of hasty lechery. As for the gracious white house, where Terence had once known every spot, every squeaky board and dim hideaway in closets and under the eaves, it now belonged to someone who had made it a Tourist Home with noxious plastic animals on the front lawn, and called it Tumble Inn. So perish treasures of the spirit, to be born elsewhere in other guise, perhaps.

And he remembered the evening after his mother's commitment was made definite. Jack had been home for several days, his presence helpful in the confusion, the curious desolation like and not like a death; Jack would be returning to college in the morning. Terence had gone to bed; Jack was about to, lazily delaying. "How honest shall we get, Terry? Are you, inside of you, relieved? I am." Half undressed, Jack stood over Terence's bed, smoking, in ever-observant kindness.

"I guess I am."

"Bad, the last few months?"

"Each day a bit stickier. The moods. No—no way of talking to her. Every remark turned upside down. Like trying to see a room in a twisty mirror.... Jack—"

"What, kid?"

"Does it mean we shouldn't marry?"

"No." His brother's quiet hand waved away smoke from between them, and the question too. "It's probably not hereditary. Anyway your children get half the endowment from their mother. Marry a mattress type, Terry, brains optional. No, come to think, you couldn't get along with a clothhead. Make it a mattress type with gray cells; they do exist. Might have to hunt around a little. Testing mattresses." Jack sat down and spread his left hand light and warm on Terence's chest, frowning off at the window, saying to it: "Got a kid brother with social conscience yet."

It was, at sixteen, the first time Terence had encountered the full revelation of love for another, seeing that other as a complete human being all the more beloved for his separateness. He said only: "Not hereditary—how can you be sure, Jack?"

"Nobody's sure—just the best educated guess. I saw this coming more than a year ago. Had to study into the thing for my own sake, Terry: books, talk with one of the Psycho faculty up there who seems to be able to tell his ass from a barrel of flour, useful accomplishment. I had to answer that question you asked, and others. Like for instance asking a character I saw in the mirror: How about you, Jack, you going that way too one of these days? Studying it seemed to be the only method of meeting it head on."

"That why you switched to premed courses this year?"

"Partly. Would've anyhow, I think. Mother's brains began to get hurt and kicked around when she was small, I think—but not by the genes. Wish we'd known Grandpa and Grandma Kane. They seem to have been a lovely pair of pious frauds, probably started raping her wits as soon as she could talk. Uh-huh, Terry, I've got every intention of marrying and plowing a few seeds into that interesting furrow. You will too, my guess."

Terence had felt then a hunger to talk bawdy and blow the lid off in words; wondered also if he would cry, because of the secret inner fire that held no name in the language: happiness was not the name, and the new-discovered love for his brother was only a part of it, an opening of a door. "Got something all lined up?"

"Nope—playing the field. A premarriage elective. Technical studies, how to tease down the most drawers with the least squawk." He said that with no leer but a mild pagan amusement already far removed from the idiom of Emmetville. (As it turned out, Jack went on playing the field quite a while, not marrying till he was thirty-nine; in his terms that probably made sense too.) "You haven't tried it yet, Terry?"

The sixteen-year-old Terence flushed unhappily and shook his head on the pillow, wishing there had been a hundred experiences, suppressing an impulse to invent a few. But Jack wasn't dismissing him back to childhood. Jack said: "I hear tell, and ancient memories within this senile bosom do confirm, that in every well-conducted high school there is at least one—how shall I put it with utmost delicacy?—at least one kitty with an available pussy. Or two, or three." He grinned and took his hand away. "Relax, boy. There's no rush." As he finished undressing with his unfussy neatness, he asked: "Remember Cassie Ferguson, in my class?"

"Cassie—black hair, skinny, lot of eyebrow. Well well."

"Did the quiet, you-be-damn manner fool you? The ones who put out for the joy of it don't make much noise about it. Cassie was very very good for me. More tricks than a monkey on a greased flagpole." Jack turned out the light and sat on his own bed for a final cigarette; he said softly, recalling childhood: "We missed The Express. Did she blow?"

"She blew, she blew ..."

"Good night, Terence Mann."

He turned from the window, from the lights of Winchester. He ran the blunted tip of a thin finger along the edge of the piano's raised leaf, a motion of affection: another friend. A friend not exactly left behind when he went to law school, but—

It seemed to Judge Mann that his present way of existence, compared to that of, say, Michael Brooks, was not very successful, important, or useful to others. A majority of his countrymen would assess it differently of course: Mr. Brooks, never a concert performer even when young—poor health, no presence, no glamor—why, the old boy probably did well to make three thousand a year, if that. Obviously the bitch goddess wouldn't have looked twice.

He wondered (not long) why the thought of another face, familiar and vigorously detested, should have crowded away the cherished ugly features of Mr. Brooks. This face was a handsomely carved block of chilly pink meat under white hair. High falcon nose, flexible lips that squeezed a manifest delight out of elaborately precise diction. Words did not simply pass through the lips of Judge Cleever: they were escorted out, by a pair of busy pale red snakes, the only organs of the man's face that ever knew emotion. The lips writhed, twisted, enjoyed, were sickly passionate: "that you be taken hence to the place from which you came, and thence, at the appointed time, to the place of execution, where—" but give the dreary old cannibal credit, the apparatus under that raptorial beak would squirm with the same enthusiasm when it was ordering a poached egg. The pallid blue eyes of this pillar of society were astonishingly dull. Cleever was an earnest prohibitionist: no drink, no smoking, no cussing, likely hadn't been laid in thirty years, yet you could observe similar eyes whenever the drunk tank yielded its human load to the courts and hospitals. To learn of an original thought behind those soggy irises would be nearly as incredible as to learn of a generous one. Cleever had been a judge since the days of the political machine preceding Timmy Flack's, into his present miasmic twilight of senility. Automatically, in a new trial, if Terence Mann were for any reason disqualified, he would sit in judgment on the life of Callista Blake.

Thanks, Judge, thanks to your obscene simulacrum for reminding me of several things I must not do. Terence Mann flexed his hands to relieve a tension; then he played the third Fugue, to completion this time, and well enough. Mr. Brooks would have rubbed his fleshy nose and said: "Mmm."

Then he was compulsively searching through a pile of long unused material, until he unearthed the beginner's book, the first-grade instruction prescribed by Michael Brooks. He remembered insisting, eight years old, that he must pick out the book personally, so off to Simms' Music Store in Winchester with the tickled, slightly bumbling Doctor, who knew everybody and took occasion to introduce him to the lantern jaw and slow-motion smile of Hubert Q. Simms; and embarrassed the toe-twisting bejesus out of the boy with some well-meant cockadoodle about "latest threat to Josef Hofmann." Then four blocks down Court Street to (Terence hadn't quite believed it) Judson's Piano Store. This same piano now standing here thirty-nine years later, rather old as such things go but good as new. The Doctor's way, taking such a plunge out of nothing but faith in a small boy's dream. Probably that year he'd been just barely able to afford it. He should have lived another forty.

But Dr. Carl Mann, in the early winter of 1930, not drunk for he never was, a blue ugliness of ink still visible in the long seam of scar tissue across his face, his financial affairs well in order—in fact very little hurt by the smash of 1929, for country people still got sick and still paid for it as well as they could—and the night cloudy, yes, but no rain or ice on the roads, happened somehow to drive his car into the concrete abutment of the railroad overpass at Pritchett. His only unkindness the matter of uncertainty. It could easily have been a syncope as the coroner decided, or a mechanical failure of the car concealed by the total smash. Or the Doctor might have been uncertain himself, up to the last blind instant of no return.

Here anyway was the instruction book, pages gone brown at the rims, and with the script of Michael Brooks. Eyes on the notes! Get rid of that shoulder-arm tension!!

Judge Mann carried it to the armchair, with a go-to-bed glass of brandy. Not all those careful fingerings had been written in by Mr. Brooks. The last half of the manual (he had forgotten) had quite a few figures in an eight-or nine-year-old hand (correct too!) placed there after he had got by the first few hurdles with his enthusiasm still afire. The book would be more or less out of date, Judge Mann reflected: modern pedagogy had new notions, some good, some not.

He wondered if he was examining this relic from a middle-aged need to get nearer somehow in time to the mind of Callista Blake. Partly, maybe. Certainly the dignified black notes before his eyes, the passages of the third Fugue remembered, The Express, the first discovery of Huck Finn, Moby Dick, Beethoven Opus 57, the embrace of a Filipino girl whose body was a little golden candle flame—certainly none of all that had the effect of shutting away Callista Blake. She was very present. ("Which is the Clerk?") But more than anything else, here at the frayed, tired, lonely end of the evening, he was wondering—practically too, and with the special fascination of such practical problems—how he would go about helping a child beginner to free the fourth finger, strengthen the fifth, accomplish the small-immense passage from the five-finger cage to the wide-open country of the octave. And he found that he meant just that: how he would do it, he, Terence Mann, age forty-seven, not merely Judge of the Court of General Sessions in and for the County of Winchester, but also a pianist of more than decent competence.

If in the habit of speaking aloud in loneliness, he supposed he could have said reasonably to the imagined presence of Callista beyond the bright amber of the brandy: Not now, not while your life is proposed for burning, Callista. But afterward, maybe. Afterward. Possibly a letter to the New Essex Bar Association, explaining how for me the law has been an interlude of a quarter-century, and interesting, but now I would rather attempt something that I find more important. Which would annoy the holy hell out of them, Callista, but all the same I may write it.

A curious thought which he took to bed; sleeping quite soon, to encounter the inner voices of sleep, with moments of tranquillity.

III

She saw it behind her eyelids, a small cloud but deep, suddenly come, suddenly gone. The light strengthened; there was the rock, and a whiteness in the water. How could you know, Callista, that she was dead?

She had, as usual, dared to move her cot nearer the wall with the barred door and the graffiti, so that if she crouched at that end of the cot a triangle of shadow protected her from the glare of the naked bulb in the corridor. Matron Kowalski on night duty had a habit of turning that light off and on at chancy intervals after midnight. Regulations probably said it should burn steadily, but Kowalski was a zealous screw when not deep in a comic book, and doubtless hoped to catch her charges in bottomless wickedness by playing cute with the switch. Short-sighted as well as thick-witted, Kowalski had apparently never caught on to Callista's crime of moving the cot. Callista generally tried to retrieve the sin before Matron Flannery came on in the morning, though whenever she forgot, Flannery just looked sad and grumbled: "Now dearie, we gotta put that back where it belongs or it's my arse." And sometimes even shoved it back herself with a heave of a massive thigh.

Interesting but maybe unprofitable, to contrast that kindness with the satisfaction Flannery had shown a week ago in disciplining a shouting and clawing wench who didn't want to go downstairs. Flannery had caught the girl from behind with an arm like a side of beef, in the pattern of rape, a stiff block of finger jabbing at nerve clusters here and there, leaving no mark. And if Callista Blake the Weird Woman, Cold Callie the Monkshood Girl, were to create a disturbance, Flannery would be ready, would spread her flat feet and grunt in the same way, like a boar in rut, in the interest of law and order.

"I want more heat, I want more foodibles. I want more heat, I want more foodibles." The old woman down the corridor had been silent a while, the interval like the recession of a toothache. Hearing her resume, Callista dropped her face on her knees, listening more or less. Listening is an act of living. Listening, the human unit can at least say: I am not dead, I am here, I can prove it, the current of life is dancing in the delicate nerves, the brain recording, comparing, remembering—understand, I am not dead!

"I want more heat, I want more foodibles." She sounded plaintive at the moment, harping on a single string, a note in it much resembling enjoyment. The name was Watson; the nearly baritone voice brought the image of a body shriveled and small, crowding seventy perhaps. "I want more heat, I want more foodibles." Watson must have been picked up Sunday as a D&D, Callista supposed, raising hell somewhere in the chilly streets until somebody called the wagon. She couldn't be drunk now, two nights later, but the noise continued unchanged. She didn't belong here of course. "Ya-hoo! Kiss my cold aching ass, you dirty-dirty-dirty—all rise! All rise! I want more heat, I want more foodibles." Sooner or later the fumbling dustmop of the law would pick her up, shake her out into a different sort of institution. Or back to the streets and whatever dim hole of a room she lived in—with small possessions? Old photographs? Sewing-basket? Rocking-chair? "All rise!"

"You Watson, you shaddap." The voice of Kowalski.

"Fuck you, Polack, I want more heat, I want more foodibles."

"Listen here, you don't shaddap, I'm coming in there again."

"Yah!" Weary, diminuendo, but not actually a sound of yielding. Silence followed, as dust settles after an eddy of wind.

Callista tried to review the course of the day, long in retrospect. Maud Welsh all morning. Sergeant Shields, sober, exact, not unkind: four bobby pins and a paper clip. Sergeant Peterson a bleached mechanism for the production of not very good photographs, including one of the rock and the pond by daylight, not the light of a troubled and hazy moon. Trooper Curtis, plaster casts and fingerprints and so what? Sutherland R. Clipp who did everything. Trooper Carlo San Giorgio the nice boy. And Dr. Devens. None of them except Maud Welsh had remained very long on the stand; Cecil who understood the nature of the conflict had let most of them pass by with little or no questioning. Callista found she was remembering too mechanically; names and faces would not coalesce to any rationally useful larger pattern. Yet at some point—she thought it was during the testimony of Cousin Maud—something had been done or said that had lessened the opacity of the Blank, like a hint of dawn or false dawn beyond a dirty window.

Or was it anything done or said? Cousin Maud of the Plum Jam understood nothing of the interview with Ann at Covent Street, a happening far outside the cage where the life of Cousin Maud fluttered and squeaked. Perhaps this was the way of it: during the examination of Cousin Maud the Blank had thinned temporarily, of itself; a coincidence in time, maybe nothing to do with any word spoken. Probably during the cross-examination, when Cecil was questioning Maud about the Saturday night, the bedroom scene—A sorry Hamlet I made!

"Fuck your stinking jail too! We got rights, Polack. You ain't saving the taxpayers nothing, we all die of pee-neumo-nia, they gotta pay for a box. Listen, I been flang out of better jails before you was old enough to shove a finger up it. I want more heat, I want—"

Callista winced at the smack of Kowalski's feet passing her cell. She heard the clash of keys, clang of the iron door, high anticipatory whimpering (still that note of enjoyment?) broken off by the crack of a flat hand against flesh, repeated and repeated, Callista's body clenching in misery at each repetition of the sound, her scream of protest choked into silence by a bitten lip. They can't! Stop it! But it had happened the same way last night, would happen again and again, maybe always, here and there in the world, throughout the extent of foreseeable time: how long is that? Callista's fingernails were hurting her legs. Her mind held firm somewhere, listening.

Watson wasn't yelling much. She hadn't last night either, only a small rhythmic outcry. Mouse in a trap. "You gonna quiet down now?"

"Uh-huh. I'm sorry, Kowalski."

"Mrs. Kowalski."

"I'm sorry, Mrs. Kowalski. Gi' me a butt."

"This ain't no charity ward." Anger spent, Kowalski probably just wanted to get back to her comic book. "Nor you ain't no psycho, you're putting on to get attention, beat the rap for what you done wit' your busted bottle. All the jerks on Mullen Street, you had to stick it into plain-clo'es cop. That was crazy, but now you're crazy like a fox. You know that t'ing punt'red his intestyne? Still in hospital, and that ain't good news for you, Crazy-like-a-fox."