CHAPTER

9
Law and Disorder: Narratives from Biblical Times to the Present
The law is the law and literature is literature, but they do have something in common other than both beginning with the same letter. called & rt and Law': The business of the law is to ma(e sense of the confusion of what we call human life)to reduce it to order but at the same time to give it "ossibility, sco"e, even dignity. # Riders on Earth *+9$,-, ". ,.% !acLeish/s idea that law attem"ts to ma(e sense of confusion can be com"ared to a famous comment by 0obert 1rost, to the effect that every "oem runs a course of luc(y events, and ends in a clarification of life)not necessarily a great clarification, such as sects and cults are founded on, but in a momentary stay against confusion. #Collected Poems, Prose, and Plays *+992-, ". $$$% 3bviously literary forms)tragedy, comedy, the sonnet, the short story)im"ose a "attern on the chaos of e4"erience, de"icting a life as, say, a tragedy, or a comedy, or seeing an e"isode #real or invented% in the sha"e of a sonnet)with a beginning, a middle, and an end. 56ually obviously, the law, as !acLeish says, see(s to find "atterns: 7n the "articular case of X, with all its s"ecific details #some of which may be irrelevant%, the law tries to fit the case into a set of (nown "rinci"les, and in fact the law may deliberately use fictions in order to clarify the reality. That is, in an effort to show that a "articular highly detailed case conforms to a basic "rinci"le or "attern, a lawyer may say, &8onsider the case of 9ohn Doe, who finds a wallet in the street,' or &Let us assume that a woman, seeing a man sli" on a banana "eel, hel"s him to his rchibald !acLeish, a"oet #see "age 99$% and a lawyer, wrote in an essay

feet, whereu"on he sli"s again, this time doing great damage to his bac(. . . .' 7n the "rocess of ma(ing sense of what !acLeish calls &the confusion of . . . life,' and what 1rost calls &a course of luc(y events,' the reader of literature or the s"ectator in a courtroom is confronted with conflict, conflict that the author and the :udge or :ury ultimately resolve, "resumably to general satisfaction. s we will try to show in our cha"ters on "oetry, even a brief lyric "oem contains a sort of

"lot with a conflict, for instance #in a song called &8areless Love'% a lover lamenting the loss of a "artner. But some wor(s of literature are e4"licitly based on a courtroom conflict, for instance 1ran; <af(a/s The Trial, =ha(es"eare/s The Merchant of Venice, and !elville/s Billy Budd. This cha"ter includes several short literary wor(s in which trials are central.

ANONYMOUS
The following story about ing !olomon, customarily called "The #udgment of !olomon,$ a%%ears in the &ebrew Bible, in the latter %art of the third cha%ter of the boo' called ( ings or )irst written in the mid*si+th century
BCE.

ings, %robably

The translation is from the ing #ames Version of the Bible ,(-((..

Two e+%ressions in the story need clarification/ ,(. The woman who "o0erlaid$ her child in her slee% rolled o0er on the child and suffocated it1 and ,2. it is said of a woman that her "bowels yearned u%on her son$3that is, her heart longed for her son. ,4n &ebrew %sychology, the bowels were thought to be the seat of emotion..

The Judgment of Solomon

Then came there two women, that were harlots, unto the (ing, and stood before him. nd the one

woman said, &3 my lord, 7 and this woman dwell in one house, and 7 was delivered of a child with her in the house. nd it came to "ass the third day after that 7 was delivered, that this woman was

delivered also: and we were together> there was no stranger in the house, save we two in the house. nd this woman/s child died in the night> because she overlaid it. nd she arose at midnight, and

too( my son from beside me, while thine handmaid sle"t, and laid it in her bosom, and laid her dead child in my bosom. nd when 7 rose in the morning to give my child suc(, behold, it was dead: but

when 7 considered it in the morning, behold, it was not my son, which 7 did bear.' nd the other woman said, &Nay> but the living is my son, and the dead is thy son.' said, &No> but the dead is thy son, and the living is my son.' Thus they s"a(e before the (ing. Then said the (ing, &The one saith, ?This is my son that liveth, and thy son is dead/: and the nd this

other saith, ?Nay> but thy son is the dead, and my son is the living./' sword.' nd they brought a sword before the (ing.

nd the (ing said, &Bring me a

nd the (ing said, &Divide the living child in two,

and give half to the one, and half to the other.' Then s"a(e the woman whose the living child was unto the (ing, for her bowels yearned u"on her son, and she said, &3 my lord, give her the living child, and in no wise slay it.' But the other said, &Let it be neither mine nor thine, but divide it.' Then the (ing answered and said, &@ive her the living child, and in no wise slay it: she is the mother thereof.' nd all 7srael heard of the :udgment which the (ing had :udged> and they feared the (ing, for they saw that the wisdom of @od was in him to do :udgment.

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+. D7n what ways is this story li(e a detective storyE F. D=olomon was (nown for his wisdom. Bow would you characteri;e his wisdomE

JOHN
The following story, The 5oman Ta'en in 6dultery, a%%ears in se0eral %laces in 0arious early manuscri%ts of the 7ew Testament, for instance in the 8os%el according to 9u'e, after 2(.:;, and in the 8os%el according to #ohn, after <.:- and, in other manuscri%ts of #ohn, after <.=:. The most famous English translation of the Bible, the ing #ames Version ,(-((., gi0es it at #ohn ;.(>((, and so it is

commonly regarded as belonging to #ohn. But most Biblical scholars agree that the language of this short story differs notably from the language of the rest of this 8os%el, and that it is not in any manuscri%t of #ohn before the si+th century is further e0idence that it was not originally %art of this 8os%el. The 8os%el according to #ohn was a%%arently com%iled in the late first century. #ohn 2(.2?>2@ says the author, or "the disci%le which testifieth of these things,$ is "the disci%le whom #esus lo0ed,. . . which also leaned on his breast at su%%er, and said, 9ord, which is he that betrayeth theeA$ !ince the second century the boo' has traditionally been ascribed to #ohn, one of the inner circle of twel0e disci%les.

The Coman Ta(en in dultery

9esus went unto the mount of 3lives. nd early in the morning he came again into the tem"le, and all the "eo"le came unto him> and he sat down, and taught them. nd the scribes and Pharisees+ brought unto him a woman ta(en in adultery> and when they had set her in the midst, they say unto him, &!aster, this woman was ta(en in adultery, in the very act. Now !oses in the law commanded us that such should be stoned: but what sayest thouE' This they said, tem"ting him, that they might have to accuse him. But 9esus stoo"ed down, and with his finger wrote on the ground, as though he heard them not. =o when they continued as(ing him, he lifted u" himself, and said unto them, &Be that is without sin among you, let him first cast a stone at her.' again he stoo"ed down, and wrote on the ground. nd

nd they which heard it, being convicted by their

own conscience, went out one by one, beginning at the eldest, even unto the last: and 9esus was left alone, and the woman standing in the midst. Chen 9esus had lifted u" himself, and saw none but the woman, he said unto her, &Coman, where are those thine accusersE Bath no man condemned theeE' =he said, &No man, Lord.' 9esus said unto her, &Neither do 7 condemn thee> go, and sin no more.' nd

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+. DDo you inter"ret the e"isode of the Coman Ta(en in dultery to say that crime should go

un"unishedE 3r that adultery is not a crimeE 3r that a :udge cannot "unish a crime if he himself is guilty of itE 3r whatE F. DCe read that 9esus wrote with his finger on the ground, but we are not told what 9esus wrote. Bow relevant to the story do you find this action by 9esusE 54"lain. G. DThis story is widely 6uoted and alluded to. Chy, in your o"inion, does the story have such broad a""ealE

FRANZ KAFKA
)ran' af'a ,(;;:>(B2@. was born in Prague, 6ustria*&ungary, the son of 8erman*s%ea'ing middle*

class #ewish %arents. Trained in law, he wor'ed from (B?< to (B22 in an insurance com%any s%onsored by the go0ernment. 4n (B2: he mo0ed to Berlin to concentrate on becoming a writer, but he suffered from %oor health, and during his brief literary career he %ublished only a few stories, including "The Metamor%hosis$ ,(B(=., which de%icts the transformation of its main character into a gigantic insect.

Through the agency of his friend Ma+ Brod, a number of wor's by

af'a were %ublished

%osthumously, including The Trial ,(B2=1 trans. (B:<., The Castle ,(B2-1 trans. (B:<., and 6meri'a ,(B2<1 trans. (B:;.. 6mong twentieth*century authors, af'aCs accounts of alienation and an+iety, of

bewildered, isolated indi0iduals tra%%ed by law and bureaucracy, are un%aralleled in their %ower and %ain. 4n the words of the %oet*critic 5. &. 6uden, writing in the late (B=?s, "&ad one to name the author who comes nearest to bearing the same 'ind of relation to our age as Dante, !ha'es%eare, and 8oethe bore to theirs, af'a is the first one would thin' of.$ "Before the 9aw$ ,(B(@. is among the stories that

af'a %ublished during his lifetime.

Before the Law

[1914 ]

Translated by 5illa and Edwin Muir Before the Law stands a door(ee"er. To this door(ee"er there comes a man from the country and "rays for admittance to the Law. But the door(ee"er says that he cannot grant admittance at the moment. The man thin(s it over and then as(s if he will be allowed in later. &7t is "ossible,' says the door(ee"er, &but not at the moment.' =ince the gate stands o"en, as usual, and the door(ee"er ste"s to one side, the man stoo"s to "eer through the gateway into the interior. 3bserving that, the door(ee"er laughs and says: &7f you are so drawn to it, :ust try to go in des"ite my veto. But ta(e note: 7 am "owerful. nd 7 am only the least of the door(ee"ers. 1rom hall to hall there is one door(ee"er

after another, each more "owerful than the last. The third door(ee"er is already so terrible that even 7 cannot bear to loo( at him.' These are difficulties the man from the country has not e4"ected> the Law, he thin(s, should surely be accessible at all times and to everyone, but as he now ta(es a closer loo( at the door(ee"er in his fur coat, with his big shar" nose and long, thin, blac( Tartar beard, he decides that it is better to wait until he gets "ermission to enter. The door(ee"er gives him a stool and lets him sit down at one side of the door. There he sits for days and years. Be ma(es many attem"ts to be admitted, and wearies the door(ee"er by his im"ortunity. The door(ee"er fre6uently has little interviews with him, as(ing him 6uestions about his home and many other things, but the 6uestions are "ut indifferently, as great lords "ut them, and always finished with the statement that he cannot be let in yet. The man, who has furnished himself with many things for his :ourney, sacrifices all he has, however valuable, to bribe the door(ee"er. The door(ee"er acce"ts everything, but always with the remar(: &7 am only ta(ing it to (ee" you from thin(ing you have omitted anything.' During these

many years the man fi4es his attention almost continuously on the door(ee"er. Be forgets the other door(ee"ers, and this first one seems to him the sole obstacle "reventing access to the Law. Be curses his bad luc(, in his early years boldly and loudly> later, as he grows old, he only grumbles to himself. Be becomes childish, and since in his yearlong contem"lation of the door(ee"er he has come to (now even the fleas on his fur coat, he begs the fleas as well to hel" him and to change the door(ee"er/s mind. t length his eyesight begins to fail, and he does not (now whether the world is really dar(er

or whether his eyes are only deceiving him. Het in his dar(ness he is now aware of a radiance that streams ine4tinguishable from the gateway of the Law. Now he has not very long to live. Before he dies, all his e4"eriences in these long years gather themselves in his head to one "oint, a 6uestion he has not yet as(ed the door(ee"er. Be waves him nearer, since he can no longer raise his stiffening body. The door(ee"er has to bend low towards him, much to the man/s disadvantage. &Chat do you want to (now nowE' as(s the door(ee"er> &you are insatiable.' &5veryone strives to reach the Law,' says the man, &so how does it ha""en that for all these many years no one but myself has ever begged for admittanceE' The door(ee"er recogni;es that the man has reached his end, and, to let his failing senses catch the words, roars in his ears: &No one else could ever be admitted here, since this gate was made only for you. 7 am now going to shut it.'

To"ics for 8ritical Thin(ing and Criting

+. D t a glance, we can see that this story consists of a single "aragra"h. Chy would a writer want to do thisE Con/t such a story inevitably be too shortE F. DChy is the first sentence so effectiveE G. DChat is the significance of the man/s failing eyesightE 3f the imagery of dar(ness and radianceE 2. D t the end of the story, as the man nears death, what at last does he learnE Chat is it that <af(a wants us as readers to learnE .. DBenry David Thoreau wrote in his #ournal #+,.+% that &the man for whom law e4ists)the man of forms, the conservative)is a tame man.' 1rom your reading of &Before the Law,' what do you thin( would be <af(a/s res"onse to this claimE

ELIZABETH BISHOP
EliEabeth Bisho% ,(B((>(B<B. is chiefly 'nown as a %oet, and we include a %oem ,as

well as a brief biogra%hy. later in this boo'. &ere, howe0er, we gi0e a %rose %iece. 4n a letter ,)ebruary :, (B:<. Bisho% mentions the act that ser0ed as the immediate trigger for the %iece, but of course far more e+%erience of life is in the wor' than the tri0ial act she s%ecifies/ "4 once hung Fmy catCsG artificial mouse on a string to a chairbac', without thin'ing what 4 had done3it loo'ed 0ery sad.$

The Banging of the !ouse

[1937]

5arly, early in the morning, even before five o/cloc(, the mouse was brought out, but already there were large crowds. =ome of the animals had not gone to bed the night before, but had stayed u" later and later> at first because of a vague feeling of celebration, and then, after deciding several times that they might as well wander about the town for an hour more, to conclude the night by arriving at the s6uare in time for the hanging became only sensible. These animals hiccu""ed a little and had an air of cynical lassitude. Those who had got u" out of bed to come also a""eared weary and silent, but not so bored. The mouse was led in by two enormous brown beetles in the traditional "ictures6ue armor of an earlier day. They came on to the s6uare through the small blac( door and marched between the lines of soldiers standing at attention: straight ahead, to the right, around two sides of the hollow s6uare, to the left, and out into the middle where the gallows stood. Before each turn the beetle on the right glanced 6uic(ly at the beetle on the left> their traditional long, long antennae swerved shar"ly in the direction they were to turn and they did it to "erfection. The mouse, of course, who had had no military training and who, at the moment, was crying so hard he could scarcely see where he was going, rather s"oiled the "recision and sna" of the beetles. t each corner he fell slightly forward, and when he was :er(ed in the right direction his feet became tangled together. The beetles, however, without even loo(ing at him, each time lifted him 6uic(ly into the air for a second until his feet were untangled. t that hour in the morning the mouse/s gray clothes were almost indistinguishable from the light. But his whim"ering could be heard, and the end of his nose was roseDred from crying so much. The crowd of small animals ti""ed bac( their heads and sniffed with "leasure. raccoon, wearing the traditional blac( mas(, was the e4ecutioner. Be was very fastidious and

did everything :ust so. 3ne of his young sons, also wearing a blac( mas(, waited on him with a small basin and a "itcher of water. 1irst he washed his hands and rinsed them carefully> then he washed the ro"e and rinsed it. (id gloves. . large "raying mantis was in charge of the religious end of the ceremonies. Be hurried u" on the stage after the mouse and his escorts, but once there a fit of nerves seemed to sei;e him. Be glided to the left a few ste"s, to the right a few ste"s, lifted his arms gracefully, but could not seem to begin> and it was 6uite a""arent that he would have li(ed nothing better than to have :um"ed 6uic(ly down and left the whole affair. Chen his arms were stretched to Beaven his large eyes flashed toward the crowd, and when he loo(ed u", his body was twitching and he moved about in a really "athetic way. Be seemed to feel ill at ease with the low characters around him: the beetles, the hangmen, and the criminal mouse. t last he made a great effort to "ull himself together and, a""roaching the mouse, t the last minute he again washed his hands and drew on a "air of elegant blac(

said a few words in a high, incom"rehensible voice. The mouse :um"ed from nervousness, and cried harder than ever. t this "oint the s"ectators would all undoubtedly have burst out laughing, but :ust then the <ing/s messenger a""eared on the balcony above the small blac( door the mouse and his guards had lately come through. Be was a very large, overweight bullfrog, also dressed in the traditional costume and carrying the traditional long scroll that dragged for several feet on the ground and had the real s"eech, on a little sli" of "a"er, "asted inside it. The scroll and the white "lume on his hat made him loo( comically li(e something in a nursery tale, but his voice was im"ressive enough to awe the crowd into "olite attention. 7t was a dee" bass: &@lugI @lugI BerrrDu"I' No one could understand a word of the mouse/s death sentence. Cith the hel" of some "ushes and "inches from the beetles, the e4ecutioner got the mouse into "osition. The ro"e was tied e46uisitely behind one of his little round ears. The mouse raised a hand and wi"ed his nose with it, and most of the crowd inter"reted this gesture as a farewell wave and s"o(e of it for wee(s afterwards. The hangman/s young son, at a signal from his father, s"rang the tra". &=6ueeDee(I =6ueeDee(I' went the mouse. Bis whis(ers rowed ho"elessly round and round in the air a few times and his feet flew u" and

curled into little balls li(e young fernD"lants. +J The "raying mantis, with an hysterical fling of his long limbs, had disa""eared in the crowd. 7t was all so touching that a cat, who had brought her child in her mouth, shed several large tears. They rolled down on to the child/s bac( and he began to s6uirm and shrie(, so that the mother thought that the sight of the hanging had "erha"s been too much for him, but an e4cellent moral lesson, nevertheless.

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+. DCe have several times 6uoted 0obert 1rost/s observation that a "oem #he could have said any wor( of literature% is &a "erformance in words.' 0eread Bisho"/s first "aragra"h, and discuss it in terms of &"erformance.' Chy, for instance, do you thin( she re"eats the word &early' in the first sentenceE 7n this "aragra"h notice that Bisho" says the animals decided &several times that they might as well wander about the town for an hour more.' Chat do you ma(e of deciding &several times'E nd then Bisho" says that the idea of concluding the night by &arriving at the s6uare in

time for the hanging became only sensible.' Chat do you ma(e of &sensible,' es"ecially in the conte4t that immediately follows it: &These animals hiccu""ed a little and had an air of cynical lassitude.' Chat does &cynical lassitude' meanE Bow has Bisho" :uggled her words so as to convey what you assume is her attitude toward the animalsE F. DCould you agree that there are humorous touches in the "ieceE 7f so, "oint them out. 7f you don/t thin( there is anything humorous in it, "oint to something that someone might conceivably find amusing, and e4"lain why you do not find it so. G. DDescribe your res"onse to the sentence, &The ro"e was tied e46uisitely behind one of his little round ears.' 2. D7n the final "aragra"h Bisho" tells us that the cat believed &the sight of the hanging *"rovided- . . .an e4cellent moral lesson. . . .' Do you assume that Bisho" agreesE By the way, e4ecutions used to be "ublic, "artly because it was felt that they served to educate the general "ublic. s the "roverb "uts it, &Cho hangs one corrects a thousand.' Do you thin( Bisho" would agree or disagreeE ChyE

JAMES ALAN McPHERSON

Born in a blac' district in !a0annah, 8eorgia, in (B@:, #ames 6lan McPherson attended segrated schools, and then he attended a historically blac' college in 6tlanta, Morris Brown College, from which he recei0ed a B.6. in (B-=. McPherson ne+t went to &ar0ard 9aw !chool, where he recei0ed his law degree in (B-;. &is first boo' was a collection of stories, &ue and Cry ,(B-B., which was followed by Elbow Room ,(B<;., a boo' that was awarded the PulitEer PriEe in fiction. &e has taught creati0e writing and 6frican 6merican literature at the Hni0ersity of 4owa, the Hni0ersity of !anta CruE, Morgan !tate Hni0ersity, and the Hni0ersity of Virginia. &e has edited s%ecial issues of the literary Iournals 4owa Re0iew and Ploughshares and has %ublished short stories, boo' re0iews, and essays in other magaEines and Iournals. 4n "Jn Becoming an 6merican 5riter,$ in the December (B<; issue of The 6tlantic, McPherson describes his goals as a writer and an 6merican in these terms/ "4 belie0e that if one can e+%erience di0ersity, touch a 0ariety of its %eo%le, laugh at its craEiness, distill wisdom from its tragedies, and attem%t to synthesiEe all this inside oneself without going craEy, one will ha0e earned the right to call oneself a citiEen of the Hnited !tates.$

n ct of Prostitution *+9K9Chen he saw the woman the lawyer "ut down his "encil and legal "ad and too( out his "i"e. &Cell,' he said. &Bow do you want to "lay itE' &7 wanna get outta here,' the whore said. &9ust get me outta here.' &Now get some sense,' said the lawyer, "uffing on the "i"e to draw in the flame from the long wooden match he had ta(en from his vest "oc(et. &Hou ain/t got a snowball/s chance in hell.' . &7 :ust want out,' she said. &Hou/ll catch hell in there,' he said, "ointing with the stem of his "i"e to the door which se"arated them from the main courtroom. &Chy don/t you :ust get some sense and ta(e a few days on the city.' &7 can/t go u" there again,' she said. &Those di(e matrons in Par(ville hate my guts because 7/m wise to them. They told me last time they/d really give it to me if 7 came bac(. 7 can/t do no time u" there again.' &Listen,' said the lawyer, "ointing the stem of his "i"e at her this time, &you ain/t got a choice.

5ither you co" a "lea or 7 don/t ta(e the case.' &Kou listen, you twoDbit 9ew shyster.' The whore raised her voice, "ointing her very chubby finger at the lawyer. &Kou ain/t got no choice. The :udge told you to be my lawyer and you got to do it. 7 ain/t no dummy, you (now thatE' +J &Heah,' said the lawyer. &Hou/re a real smarty. That/s why you/re out on the streets in all that snow and ice. Hou/re a real smarty all right.' &Hou chic(enshit,' she said. &7 don/t want you on my case anyway, but 7 ain/t got no choice. 7f you was any good, you wouldn/t be wor(ing the sweatbo4es in this court. 7 ain/t no dummy.' &Hou/re a real smarty,' said the lawyer. Be loo(ed her u" and down: a huge woman, "athetically blonde, bigDboned and absurd in a s(irt slo""ily crafted to be mini. Ber (nees were ruddy and the flesh below them was thic( and white and flabby. There was no indication of age about her. Li(e most whores, she loo(ed at the same time young but then old, "ossibly as old as her "rofession. =ometimes they were very old but seemed to have sto""ed aging at a certain "oint so that ran(ing them chronologically, as the lawyer was trying to do, came hard. Be "ut his "i"e on the table, on to" of the "olice affidavit, and stared at her. =he sat across the room, near the door in a straight chair, her flesh oo;ing over its sides. Be watched her "ull her minis(irt down over the u""er "art of her thigh, modestly, but with the same hard, cold loo( she had when she came in the room. &Hou/re a real smarty,' he commented, drawing on his "i"e and e4haling the smo(e into the room. The fat woman in her minis(irt still glared at him. &=crew you, HidI' she said through her teeth. &=crew your fat mama and your chubby sister with hair under her arms. =crew your brother and your father and 7 ho"e they should go cra;y "laying with themselves in "ay toilets.' The lawyer was about to re"ly when the door to the consultation room o"ened and another man came into the small "lace. &Bell, 9immy,' he said to the lawyer, "retending to ignore the woman, &7 got a "roblem here.' +. &HeahE' said 9immy. The other man wal(ed over to the brown des(, leaned closer to 9immy so that the woman could not hear and lowered his voice. &7 got this (id,' he said. & nice 7Dtalian boy that grabbed this

8adillac outta a "ar(ing lot. Now he only done it twice before and 7 thin( the 9udge might go easy if he got in a good mood before the (id goes on, this being !onday morning and all.'

&=oE' said 9immy. &=o 7 was thin(ing,' the other lawyer said, again lowering his voice and leaning much closer and ma(ing a sly motion with his head to indicate the whore on the chair across the room. &=o 7 was thin(ing. The 9udge (nows Philomena over there. =he/s here almost every month and she/s always good for a laugh. =o 7 was thin(ing, this being !onday morning and all and with a cageDload of nigger drun(s out there, why not "ut her on first, give the old man a good laugh and then "ut my 7D talian boy on. 7 (now he/d get a better deal that way.' &Chat/s in it for meE' said 9immy, ra""ing the ashes from his "i"e into an ashtray. FJ &Loo(, 7 done you favors before. 0emember that 8hinamanE 0emember the ti" 7 gave youE' 9immy considered while he stuffed tobacco from a can into his "i"e. Be lit the "i"e with several matches from his vest "oc(et and considered some more. &7 don/t mind, 0al"h,' he said. &But if she goes first the 9udge/ll get a good laugh and then he/ll throw the boo( at her.' "5hat the hell, #immyA$ said 0al"h. Be glanced over at the whore who was eying them hatefully. &Loo(, buddy,' he went on, &you (now who that isE 1atso Philomena Brown. =he/s u" here almost every month. 3ld Bloom (nows her. 7 tell you, she/s good for a laugh. That/s all. Besides, she/s married to a nigger anyway.' &Cell,' said 9immy. &=o far she ain/t done herself much good with me. =he/s a real smarty. =he thin(s 7/m a 9ew.' &There you go,' said 0al"h. &8ome on, 9immy. 7 ain/t got much time before the 8ler( calls my (id u". Chat you sayE' F. 9immy loo(ed over at his client, the many "ounds of her rolled in great logs of meat under her (nees and around her belly. =he was still sneering. &3.<.' Be turned his head bac( to 0al"h. &3.<., 7/ll do it.' &Now loo(,' said 0al"h, &this is how we/ll do. Chen they call me u" 7/ll tell the 8ler( 7 need more time with my (id for consultation. nd since you follow me on the doc(et you/ll get on "retty

soon, at least before 7 will. Then after everybody/s had a good laugh, 7/ll bring my 7Dtalian on.' &7sn/t she 7talianE' as(ed 9immy, indicating the whore with a slight movement of his "i"e. &Heah. But she/s married to a nigger.' &3.<.,' said 9immy, &we/ll do it.'

GJ

&Chat/s thatE' said the whore, who had been trying to listen all this time. &Chat are you two (i(es whis"ering about anywayE Chat the hell/s going onE' &=hut u",' said 9immy, the stem of his "i"e clam"ed far bac( in his mouth so that he could not say it as loud as he wanted. 0al"h win(ed at him and left the room. &Now listen,' he said to Philomena Brown, getting u" from his des( and wal(ing over to where she still sat against the wall. &7f you got a story, you better tell me 6uic( because we/re going out there soon and 7 want you to (now 7 ain/t telling no lies for you.' &7 don/t want you on my case anyway, (i(e,' said Philomena Brown. &7t ain/t what you want. 7t/s what the old man out there says you gotta do. Now if you got a story let/s have it now.' &7/m a file cler(. 7 was :ust loo(ing for wor(.'

G.

&Li(e hellL Don/t give me that shit. Chen was the last time you had your shotsE' &7 ain/t never had none,' said !rs. Brown. Now they could hear the 8ler(, beyond the door, calling the 7talian boy into court. They would have to go out in a few minutes. &1orget the story,' he told her. &9ust "ull your dress down some and wi"e some of that shit off your eyes. Hou loo( li(e hell.' &7 don/t want you on the case, !oses,' said !rs. Brown. &Cell you got me,' said 9immy. &Hou got me whether you want me or not.' 9immy "aused, "ut his "i"e in his coat "oc(et, and then said: & nd my name is Mr. MulliganL'

2J

The woman did not say anything more. =he settled her weight in the chair and made it crea(. &Now let/s get in there,' said 9immy. The 9udge was in his !onday morning mood. Be was very ready to be angry at almost anyone. Be glared at the 8ourt 8ler( as the bald, seemingly consum"tive man called out the names of si4 defendants who had defaulted. Be glared at the grou" of drun(s and addicts who huddled against the steel net of the "risoners/ cage, ga;ing toward the o"en courtroom as if e4"ecting mercy from the rows of concerned "arties and s"ectators who sat in the hot "lace. 9udge Bloom loo(ed as though he wanted very badly to s"it. There would be no mercy this !onday morning and the "risoners all (new it. "5illie !mithL Cillie =mithI 8ome into 8ourtI' the 8ler( bar(ed.

Cillie =mith slowly shuffled out of the "risoners/ cage and u" to the dirty stone wall, which (e"t all but his head and nec( and shoulders concealed from the "eo"le in the musty courtroom. 2. 1rom the bench the 9udge loo(ed down at the hungover =mith. &Hou (now, 7 ain/t never seen him sitting down in that chair,' 9immy said to one of the old men who came to court to see the daily "rocession, filling u" the second row of benches, directly behind those reserved for courtDa""ointed lawyers. There were at least twelve of these old men, loo(ing almost semiD"rofessional in faded gray or blue or blac( suits with shiny (nees and elbows. They li(ed to come and watch the fun. &Catch old Bloom give it to this nigger,' the same old man leaned over and said into 9immy !ulligan/s ear. 9immy nodded without loo(ing bac( at him. seconds he wi"ed his ear with his hand, also without loo(ing bac(. The 8ler( read the charges: Drun(enness, Loitering, Disorderly 8onduct. &Hou want a lawyer, CillieE' the 9udge as(ed him. 9udge Bloom was now wal(ing bac( and forth behind his bench, his arms gravely folded behind his bac(, his belly very close to "regnancy beneath his blac( robe. &The =u"reme 8ourt says 7 have to give you a lawyer. Hou want oneE' &No sir,' the hungDover =mith said, very obse6uiously. .J &Cell, what/s your troubleE' &Nothing.' &Hou haven/t missed a !onday here in months.' &Hes sir.' & ll that money you s"end on boo;e, how do you ta(e care of your familyE' .. =mith moved his head and shoulders behind the wall in a gesture that might have been a shuffle. &Chen was the last time you gave something to your wifeE' &Last 1riday.' &Hou/re a liar. Hour wife/s been on the 8ity for years.' &7 hel",' said =mith, 6uic(ly. KJ &Hou hel", all right. Hou hel" her raise her belly and her income every year.' The old men in the second row snic(ered and the 9udge eyed them in a threatening way. They began to stifle their chuc(les. Cillie =mith smiled. &7f she has one more (id she/ll be ma(ing more than me,' the 9udge observed. But he was not nd after a few

saying it to =mith. Be was loo(ing at the old men. Then he loo(ed down at the now bashful, smiling Cillie =mith. &Hou want some time to slee" it off or you want to "ayE' &7/ll ta(e the time.' K. &Bow much you want, CillieE' &7 don/t care.' &Hou want to be out for the wee(end, 7 guess.' =mith smiled again. &@ive him five days,' the 9udge said to the 8ler(. The 8ler( wrote in his "a"ers and then said in a hurried voice: &Defendant Cillie =mith, you have been found guilty by this court of being drun( in a "ublic "lace, of loitering while in this condition, and of disorderly conduct. This court sentences you to five days in the Bouse of 8orrection at Bridgeview and one month/s sus"ended sentence. Hou have, however, the right to a""eal in which case the sus"ended sentence will not be allowed and the sentence will then be thirtyDfive days in the Bouse of 8orrection.' $J &Hou want to a""eal, CillieE' &Naw sir.' &=ee you ne4t wee(,' said the 9udge. &Than( you,' said Cillie =mith. blac( fellow in a very neatly "ressed rmy uniform came on ne4t. Be stood immaculate and

"roud and cleanDshaven with his ca" tuc(ed under his left arm while the charges were read. The "rosecutor was a hardDfaced blac( "olice detective, tieless, very longDhaired in a shortDsleeved white shirt with wet arm"its. The detective was tough but very nervous. Be loo(ed at his notes while the 8ler( read the charges. The 9udge, bald and wrin(led and droo"ing in the face, still "aced behind his bench, his nose twitching from time to time, his arms loc(ed behind the bac(. The soldier was charged with assault and battery with a dangerous wea"on on a "olice officer> he remained standing erect and silent, loo(ing off into the s"ace behind the 9udge until his lawyer, a "lum", greasy blac( man in his late fifties, had heard the charge and motioned for him to sit. Then he "laced himself beside his lawyer and "ut his ca" s6uarely in front of him on the table. $. The bigDbellied blac( detective managed to get the "olice officer/s name, ran( and duties from

him, occasionally glancing over at the table where the defendant and his lawyer sat, both hardDfaced and cold. Be shuffled through his notes, "aused, loo(ed u" at the 9udge, and then said to the white officer: &Now, 3fficer Bergin, would you tell the 8ourt in your own words what ha""enedE' The white "oliceman "ut his hands together in a "rayerDli(e gesture on the stand. Be loo(ed at the defendant whose face was set and whose eyes were fi4ed on the officer/s hands. &Ce was on duty on the night of 9uly twentyDseventh driving around the Lafayette =treet area when we got a call to "roceed to the Lafayette =treet subway station because there was a crowd gathering there and they thought it might be a riot. Ce "roceeded there, 3fficer Biglow and me, and when we got there sure enough there was a crowd of colored "eo"le running u" and down the street and ma(ing noise and carrying on. Ce didn/t "ull our guns because they been telling us all summer not to do that. Ce got out of the car and "roceeded to :oin the other officers there in forming a line so/s to dis"erse the crowd. Then we s"otted that fellow in the crowd.' &Cho do you meanE' &That fellow over there.' 3fficer Bergin "ointed to the defendant at the table. &That soldier, 7rving Cilliams.' &@o on,' said the blac( detective, not turning to loo( at the defendant. ,J &Cell, he had on this red costume and a ca"e, and he was wearing this big red turban. Be was also carrying a big blac( shield right outta Tar;an and he had that big long cane waving it around in the air.' &Chere is that cane nowE' &Ce too( it off him later. That/s it over there.' The blac( detective moved over to his own table and "ic(ed u" a long brown leather cane. Be "ressed a small button beneath its handle and then drew out from the interior of the cane a thin, silverDwhite ra"ier, three feet long. &7s this the same caneE' ,. &Hes sir,' the white officer said. &@o on, 3fficer.' &Cell, he was waving it around in the air and he had a whole lot of these colored "eo"le behind him and it loo(ed to me that he was gonna charge the "olice line. =o me and Tommy left the line and

went in to grab him before he could start something big. That crowd was getting mean. They loo(ed li(e they was gonna try something big "retty soon.' &Never mind,' said the 9udge. Be had sto""ed wal(ing now and stood at the edge of his elevated "latform, :ust over the shoulder of the officer in the witness bo4. &Never mind what you thought, :ust get on with it.' &Hes sir.' The officer "ressed his hands together much tighter. &Cell, Tommy and me, we tried to grab him and he swung the cane at me. 8aught me right in the face here.' Be "ointed his finger to a large red and blac( mar( under his left eye. &=o then we hadda use force to subdue him.' 9J &Chat did you do, 3fficerE' the blac( detective as(ed. &Ce hadda use the stic(s. 7 hit him over the head once or twice, but not hard. 7 don/t remember. Then Tommy grabbed his arms and we hustled him over to the car before these other colored "eo"le with him tried to grab us.' &Did he resist arrestE' &Heah. Be (ic(ed and fought us and called us lewd and lascivious names. Ce hadda handcuff him in the car. Then we too( him down to the station and boo(ed him for assault and battery.' &Hour witness,' said the blac( detective without turning around to face the other lawyer. Be sat down at his own table and wi"ed his forehead and hands with a crum"led white hand(erchief. Be still loo(ed very nervous but not as tough. 9. &!ay it "lease the 8ourt,' the defendant/s blac( lawyer said slowly, standing and facing the "acing 9udge. &7 move . . .' nd then he sto""ed because he saw that the 9udge/s small eyes were

loo(ing over his head, toward the bac( of the courtroom. The lawyer turned around and loo(ed, and saw that everyone else in the room had also turned their heads to the bac( of the room. =tanding against the bac( walls and along the left side of the room were twentyDfive or so sternDfaced, coldD eyed blac( men, all in frican dashi(ies, all wearing brightly colored hats, and all staring at the

9udge and the blac( detective. Philomena Brown and 9immy !ulligan, sitting on the first bench, turned to loo( too, and the whore smiled but the lawyer said, &3h hell,' aloud. The men, all big, all bearded and tightDli""ed, now loc(ed hands and formed a solid wall of flesh around almost threeD 6uarters of the courtroom. The 9udge loo(ed at the defendant and saw that he was smiling. Then he loo(ed at the defendant/s lawyer, who still stood before the 9udge/s bench, his head down, his

shoulders "ulled u" towards his head. The 9udge began to "ace again. The courtroom was very 6uiet. The old men filling the second rows on both sides of the room leaned forward and e4changed glances with each other u" and down the row. &3h hell,' 9immy !ulligan said again. Then the 9udge sto""ed wal(ing. &@et on with it,' he told the defendant/s lawyer. &There/s :ustice to be done here.' The lawyer, whose face was now very greasy and wet, loo(ed u" at the officer, still standing in the witness bo4, but with one hand now at his right side, ne4t to his gun. &3fficer Bergin,' said the blac( lawyer. &7/m not clear about something. Did the defendant stri(e you before you as(ed him for the cane or after you attem"ted to ta(e it from himE' &Before. 7t was before. Hes sir.' +JJ &Hou did as( him for the cane, thenE' &Hes sir. 7 as(ed him to turn it over.' & nd what did he doE' &Be hit me.' &But if he hit you before you as(ed for the cane, then it must be true that you as(ed him for the cane after he had hit you. 7s that rightE' +J. &Hes sir.' &7n other words, after he had struc( you in the face you were still "olite enough to (ee" your hands off him and as( for the wea"on.' &Hes sir. That/s what 7 did.' &7n other words, he hit you twice. 3nce, before you re6uested the cane and once after you re6uested it.' The officer "aused. &No sir,' he said 6uic(ly. &Be only hit me once.' ++J & nd when was that againE' &7 thought it was before 7 as(ed for the cane but 7 don/t (now now.' &But you did as( for the cane before he hit youE' &Heah.' The officer/s hands were in "rayer again. &Now, 3fficer Bergin, did he hit you because you as(ed for the cane or did he hit you in the "rocess of giving it to youE'

++.

&Be :ust hauled off and hit me with it.' &Be made no effort to hand it overE' &No, no sir. Be hit me.' &7n other words, he struc( you the moment you got close enough for him to swing. Be did not hit you as you were ta(ing the cane from himE' The officer "aused again. Then he said: &No sir,' Be touched his face again, then "ut his right hand down to the area near his gun again. &7 as(ed him for the cane and he hauled off and hit me in the face.'

+FJ

&3fficer, are you telling this court that you did not get hit until you tried to ta(e the cane away from this soldier, this Lietnam veteran, or that he saw you coming and immediately began to swing the caneE' &Be swung on me.' &3fficer Bergin, did he swing on you, or did the cane accidentally hit you while you were trying to ta(e it from himE' & ll 7 (now is that he hit me. ' The officer was sweating now. &Then you don/t (now :ust when he hit you, before or after you tried to ta(e the cane from him, do youE'

+F.

The blac( detective got u" and said in a very soft voice: &7 ob:ect.' The blac( lawyer for the defendant loo(ed over at him contem"tuously. The blac( detective dro""ed his eyes and tightened his belt, and sat down again. &That/s all right,' the oily lawyer said. Then he loo(ed at the officer again. &3ne other thing,' he said. &Cas the (nife still inside the cane or drawn when he hit youE' &Ce didn/t (now about the (nife till later at the station.' &Do you thin( that a blow from the cane by itself could (ill youE'

+GJ

&3b:ectI' said the detective. But again his voice was low. &#i0etime Hncle Tom motherfuc'erL ' someone said from the bac( of the room. &=have that off your headI' The 9udge/s eyes moved 6uic(ly over the men in the rear, surveying their faces and catching what was in all their eyes. But he did not say anything. fro

&The "rosecution rests,' the blac( detective said. Be sounded very tired. &The defense calls the defendant, 7rving Cilliams,' said the blac( lawyer. +G. Cilliams too( the stand and waited, head high, eyes cool, mouth tight, militarily, for the 8ler( to swear him in. Be loo(ed always toward the bac( of the room. &Now !r. Cilliams,' his lawyer began, &tell this court in your own words the events of the night of 9uly twentyDseventh of this year.' &7 had been to a costume "arty.' Cilliams/s voice was slow and deliberate and resonant. The entire courtroom was tense and 6uiet. The old men stared, stiff and erect, at 7rving Cilliams from their secondDrow benches. Philomena Brown settled her flesh down ne4t to her lawyer, who tried to edge away from touching her fat arm with his own. The tightDli""ed 9udge Bloom had reassumed the "acing behind his bench. &7 was on leave from the base,' Cilliams went on, &and 7 was coming from the "arty when 7 saw this grou" of (ids throwing roc(s. Being in the military and being :ust out of Lietnam, 7 tried to sto" them. 3ne of the (ids had that cane and 7 too( it from him. The shield belongs to me. 7 got it in Taiwan last year on 0 and 0. 7 was trying to brea( u" the crowd with my shield when this hon(ie co" begins to beat me over the head with his club. Police brutality. 7 tried to tell . . .' &That/s enough,' the 9udge said. &That/s all 7 want to hear.' Be eyed the blac( men in the bac( of the room. &This case isn/t for my court. Ta(e it u"stairs.' +2J &7f Hour Bonor "leases,' the blac( lawyer began. &7 don/t,' said the 9udge. &7/ve heard enough. !r. 8ler(, ma(e out the "a"ers. =end it u"stairs to 8abot.' &This court has :urisdiction to hear this case,' the lawyer said. Be was very close to being angry. &This man is in the service. Be has to shi" out in a few wee(s. Ce want a hearing today.' &Not in my court you don/t get it. A"stairs, and that/s itL' Now the blac(s in the bac( of the room began to berate the detective. &9ivetime catI Band(erchiefDhead flun(yI Ancle Tom motherfuc(erI' they called. &Ce/ll get you, babyI' +2. &@et them out of here,' the 9udge told the "oliceman named Bergin. &@et them the hell outI' Bergin did not move. &@et them the hell outI' t that moment 7rving Cilliams, with his lawyer behind him, wal(ed out of the courtroom. nd

the twentyDfive bearded blac( men followed them. The blac( detective remained sitting at the counsel table until the 8ler( as(ed him to ma(e way for counsel on the ne4t case. The detective got u" slowly, gathered his few "a"ers, tightened his belt again and moved over, his head held down, to a seat on the right side of the courtroom. &Philomena BrownI' the 8ler( called. &Philomena BrownI 8ome into 8ourtI' The fat whore got u" from beside 9immy !ulligan and wal(ed heavily over to the counsel table and lowered herself into one of the chairs. Ber lawyer was tal(ing to 0al"h, the 7talian boy/s counsel. &Do a good :ob, 9immy, "lease,' 0al"h said. &3ld Bloom is gonna be awful mean now.' +.J &Heah,' said 9immy. &7 got to really wor( on him.' 3ne of the old men on the second row leaned over the bac( of the bench and said to 9immy: & in/t that the one that/s married to a niggerE' &That/s her,' said 9immy. &=he/s gonna catch hell. !a(e sure they give her hell.' &Heah,' said 9immy. &7 don/t see how 7/m gonna be able to try this with a straight face.' +.. &Do a good :ob for me, "lease, 9immy,' said 0al"h. &The (id/s name is beautiful nameE Be ain/t a bad (id.' &Don/t you worry, 7/ll do it.' Then 9immy moved over to the table ne4t to his client. The defendant and the arresting officer were sworn in. The arresting officer acted for the state as "rosecutor and its only witness. Be had to refer to his notes from time to time while the 9udge "aced behind his bench, his head down, "onderous and im"atient. Then Philomena Brown got in the witness bo4 and rested her great weight against its sides. =he glared at the 9udge, at the 8ler(, at the officer in the bo4 on the other side, at 9immy !ulligan, at the old men smiling u" and down the second row, and at everyone in the courtroom. Then she rested her eyes on the officer. &Cell,' the officer read from his notes. &7t was around oneDthirty .!. on the night of 9uly ngelico. in/t that a

twentyDeight. 7 was wor(ing the night duty around the combat ;one. 7 come across the defendant there soliciting cars. 7 had seen the defendant there soliciting cars on "revious occasions in the same vicinity. 7 had then on "revious occasions warned the defendant there about such activities. But she (e"t on doing it. 3n that night 7 come across the defendant soliciting a car full of colored gentlemen. =he was standing on the curb with her arm leaning u" against the door of the car and tal(ing with

these two colored gentlemen.

s 7 came u" they drove off. 7 then arrested her, after informing her of nd that/s all 7 got to say.'

her rights, for being a common streetwal(er and a "ublic nuisance.

8ounsel for the whore waived crossDe4amination of the officer and "roceeded to e4amine her. +KJ &Chat/s your nameE' &!rs. Philomena Brown.' &="ea( louder so the 8ourt can hear you, !rs. Brown.' =he narrowed her eyes at the lawyer. &Chat is your religion, !rs. BrownE' +K. &7 am a 0oman 8atholic. 0oman 8atholic born.' & re you "resently marriedE' &Heah.' &Chat is your husband/s nameE' &0udol"h Leroy Brown, 9r.' +$J The old men in the second row were beginning to snic(er and the 9udge lowered his eyes to them. 9immy !ulligan smiled. &Does your husband su""ort youE' &Heah. Ce get along all right.' &Do you wor(, !rs. BrownE' &Heah. That/s how 7 ma(e my living.' +$. &Chat do you do for a livingE' &7/m a file cler(.' & re you wor(ing nowE' &No. 7 lost my :ob last month on account of a bad leg 7 got. 7 couldn/t move outta bed.' The men in the second row were grinning and others in the audience :oined them in muffled guffaws and snic(erings. +,J &Chat were you doing on Beaver venue on the night of 9uly twentyDeighthE' &7 was loo(ing for a :ob.' Now the entire court was laughing and the 9udge glared out at them from behind his bench as he "aced, his arms clas"ed behind his bac(.

&Cill you "lease tell this court, !rs. Brown, how you intended to find a :ob at that hourE' &These two guys in a car told me they (new where 7 could find some wor(.' +,. & s a file cler(E' &Heah. Chat the hell else do you thin(E' There was here a roar of laughter from the court, and when the 9udge visibly twitched the corners of his usually severe mouth, Philomena Brown saw it and began to laugh too. &3rderI 3rderI' the 8ler( shouted above the roar. But he was laughing. 9immy !ulligan bit his li". &Now, !rs. Brown, 7 want you to tell me the truth. Bave you ever been arrested before for "rostitutionE' +9J &Bell noI' she fired bac(. &They had me in here a cou"la times but it was all a flu(e. They never got nothing on me. 7 was framed, right from the start.' &Bow old are you, !rs. BrownE' &Nineteen.' Now the 9udge sto""ed "acing and stood ne4t to his chair. Bis face was dubious: very close and very far away from smiling. The old men in the second row saw this and sto""ed laughing, awaiting a cue from him. &That/s enough of this,' said the 9udge. &7 (now you. Hou/ve been u" here seven times already this year and it/s still summer. 7/m going to throw the boo( at you.' Be moved over to the left end of the "latform and leaned down to where a hus(y, muscular woman Probation 3fficer was standing. =he had very short hair and loo(ed grim. =he had not laughed with the others. &Let me see her record,' said the 9udge. The manly Probation 3fficer handed it u" to him and then they tal(ed together in whis"ers for a few minutes. +9. & ll right, Mrs. Brown,' said the 9udge, moving over to the right side of the "latform near the defendant/s bo4 and "ointing his finger at her. &Hou/re still on "robation from the last time you were u" here. 7/m tired of this.' &7 don/t wanna go bac( u" there, Hour Bonor,' the whore said. &They hate me u" there.' &Hou/re going bac(. That/s itI Hou got si4 months on the =tate. !aybe while you/re there you can learn how to be a file cler( so you can loo( for wor( during the day.' Now everyone laughed again.

&Plus you get a oneDyear sus"ended sentence on "robation.' FJJ The woman hung her head with the gravity of this "unishment. &!aybe you can even learn a good "rofession while you/re u" there. Cho (nowsE !aybe you could be a ballerina dancer.' The courtroom roared with laughter. The 9udge could not control himself now. & nd another thing,' he said. &Chen you get out, (ee" off the streets. Hou/re obstructing traffic.' =uch was the s"ontaneity of laughter from the entire courtroom after the remar( that the lawyer 9immy !ulligan had to wi"e the tears from his eyes with his finger and the shortDhaired Probation 3fficer smiled, and even Philomena Brown had to laugh at this, her final moment of glory. The 9udge/s teeth showed through his own broad grin, and 0al"h, sitting beside his 7talian, a very "retty boy with clean, blue eyes, "atted him on the bac( enthusiastically between uncontrollable bursts of laughter. FJ. 1or five minutes after the smiling Probation 3fficer led the fat whore in a minis(irt out of the courtroom, there was the sound of muffled laughter and occasional sniffles and movements in the seats. Then they settled down again and the 9udge resumed his "acings and the 8ourt 8ler(, very slyly wi"ing his eyes with his sleeve, said in a very loud voice: & ngelico 8arboneI 8arboneI 8ome into 8ourtI' ngelico

T3P78= 130 807T78 L TB7N<7N@ ND C07T7N@

+. DNow that you have read the story, e4"lain the meaning and significance of the title. F. DChen you began reading the story, did you find the language #the racial and ethnic e"ithets, for e4am"le% offensiveE Chy is !cPherson using language that will offend some readersE G. DChat is the function of the scene involving 7rving CilliamsE Could the story be more effective if it focused entirely on Philomena BrownE 2. D7s !cPherson ma(ing a "oint about the legal systemE 54"lain, and refer to s"ecific "assages to su""ort your view. .. DDid you en:oy this storyE Chat did you learn from itE

SHERMAN ALEXIE
The short*story writer, essayist, %oet, and film director !herman #. 6le+ie #r. was born in Jctober (B--

and was raised on the !%o'ane 4ndian Reser0ation in 5ell%init, 5ashington, located fifty miles northwest of !%o'ane. &e went to high school off reser0ation in Reardan, 5ashington, where he was an e+cellent student and %layed on the bas'etball team. &e attended 8onEaga Hni0ersity in !%o'ane for two years and then transferred to 5ashington !tate Hni0ersity in Pullman, where he began writing %oetry, graduating with a degree in 6merican !tudies. &is boo's include The Business of )ancydancing/ !tories and Poems ,(BB2., The 9one Ranger and Tonto )istfight in &ea0en ,(BB@., and Reser0ation Blues ,(BB=..

The Trial of Thomas Builds-the-Fire

!omeone must ha0e been telling lies about #ose%h was arrested one fine morning. )1ran; <af(a

[1993] ., for without ha0ing done anything wrong he

Thomas BuildsDtheD1ire waited alone in the ="o(ane tribal holding cell while B7 + officials discussed his future, the immediate "resent, and of course, his "ast. &BuildsDtheD1ire has a history of this (ind of behavior,' a man in a B7 suit said to the others. & storytelling fetish accom"anied by an e4treme need to tell the truth. Dangerous.' Thomas was in the holding cell because he had once held the reservation "ostmaster hostage for eight hours with the idea of a gun and had also threatened to ma(e significant changes in the tribal vision. But that crisis was resolved years ago as Thomas surrendered voluntarily and agreed to remain silent. 7n fact, Thomas had not s"o(en in nearly twenty years. would not even send letters or 8hristmas cards. But recently Thomas had begun to ma(e small noises, form syllables that contained more emotion and meaning than entire sentences constructed by the B7 . noise that sounded something ll his stories remained internal> he

li(e rain had given 5sther courage enough to leave her husband, tribal chairman David Cal(s long, who had been tribal "olice chief at the time of Thomas BuildsDtheD1ire/s original crime. Cal(s long wal(ed along with B7 "olicy so willingly that he too( to calling his wife a sa0age in %olyester

%ants. =he "ac(ed her bags the day after she listened to Thomas s"ea(> Thomas was arrested the day after 5sther left. . Now Thomas sat 6uietly in his cell, counting coc(roaches and silverfish. Be couldn/t slee", he didn/t feel li(e eating. 3ften he closed his eyes and stories came to him 6uic(ly, but he would not s"ea(. Be nodded and laughed if the story was funny> cried a little when the stories were sad>

"ounded his fists against his mattress when the stories angered him. &Cell, the traveling :udge is coming in tomorrow,' one guy in a B7 &Chat charges should we bring him u" onE' &7nciting a riotE <idna""ingE 54tortionE !aybe murderE' another guy in a B7 the others laughed. &Cell,' they all agreed. &7t has to be a felony charge. Ce don/t need his (ind around here anymore.' Later that night, Thomas lay awa(e and counted stars through the bars in his window. Be was guilty, he (new that. "unished. +J The following re%ort is ada%ted from the original court transcri%t. &!r. BuildsDtheD1ire,' the :udge said to Thomas. &Before we begin this trial, the court must be certain that you understand the charges against you.' Thomas, who wore his best ribbon shirt and decided to re"resent himself, stood and s"o(e a com"lete sentence for the first time in two decades. &Hour Bonor,' he said. &7 don/t believe that the e4act nature of any charges against me have been revealed, let alone detailed.' There was a hush in the crowd, followed by e4clamations of :oy, sadness, etc. 5ve 1ord, the former reservation "ostmaster held hostage by Thomas years earlier, sat 6uietly in the bac( row and thought to herself, &e hasnCt done anything wrong. +. &Cell, !r. BuildsDtheD1ire,' the :udge said. &7 can only infer by your sudden willingness to communicate that you do in fact understand the "ur"ose of this trial.' &That/s not true.' & re you accusing this court of dishonesty, !r. BuildsDtheD1ireE' Thomas sat down, to regain his silence for a few moments. &Cell, !r. BuildsDtheD1ire, we/re going to dis"ense with o"ening remar(s and "roceed to testimony. FJ re you ready to call your first witnessE' ll that was variable on any reservation was how the convicted would be suit as(ed, and suit said to the others.

&Hes, 7 am, Hour Bonor. 7 call myself as first and only witness to all the crimes 7/m accused of and, additionally, to bring attention to all the mitigating circumstances.'

&Chatever,' the :udge said. &0aise your right hand and "romise me you/ll tell the whole truth and nothing but the truth.' &Bonesty is all 7 have left,' Thomas said. Thomas BuildsDtheD1ire sat in the witness stand, closed his eyes, and s"o(e this story aloud: &7t all started on =e"tember ,, +,.,. 7 was a young "ony, strong and 6uic( in every movement. 7 remember this. =till, there was so much to fear on that day when 8olonel @eorge Cright too( me and $99 of my brothers ca"tive. 7magine, ,JJ beautiful "onies stolen at once. 7t was the worst (ind of war crime. But 8olonel Cright thought we were too many to trans"ort, that we were all dangerous. 7n fact, 7 still carry his letter of that day which :ustified the coming slaughter: F. Dear =ir: s 7 re"orted in my communication of yesterday the ca"ture of ,JJ horses on the ,th instant, 7 have now to add that this large band of horses com"osed the entire wealth of the ="o(ane chief TilDcoDa4. This man has ever been hostile> for the last two years he has been constantly sending his young men into the Calla Calla valley, and stealing horses and cattle from the settlers and from the government. Be boldly ac(nowledged these facts when he met 8olonel =te"toe, in !ay last. 0etributive :ustice has now overta(en him> the blow has been severe but well merited. 7 found myself embarrassed with these ,JJ horses. 7 could not ha;ard the e4"eriment of moving with such a number of animals #many of them very wild% along with my large train> should a stam"ede ta(e "lace, we might not only lose our ca"tured animals, but many of our own. Ander those circumstances, 7 determined to (ill them all, save a few in service in the 6uartermaster/s de"artment and to re"lace bro(enDdown animals. 7 dee"ly regretted (illing these "oor creatures, but a dire necessity drove me to it. This wor( of slaughter has been going on since +J o/cloc( of yesterday, and will not be com"leted before this evening, and 7 shall march for the 8oeur d/ lene !ission tomorrow. Lery res"ectfully, your obedient servant, @. C07@BT, 8olonel 9th 7nfantry, 8ommanding. &=omehow 7 was luc(y enough to be s"ared while hundreds of my brothers and sisters fell together. 7t was a nightmare to witness. They were rounded into a corral and then lassoed, one by one, and dragged out to be shot in the head. This lasted for hours, and all that dar( night mothers cried for

their dead children. The ne4t day, the survivors were rounded into a single mass and slaughtered by continuous rifle fire.' Thomas o"ened his eyes and found that most of the 7ndians in the courtroom we"t and wanted to admit defeat. Be then closed his eyes and continued the story: &But 7 was not going to submit without a struggle. 7 would continue the war. t first 7 was

"assive, let one man saddle me and ride for a while. Be laughed at the illusion of my wea(ness. But 7 suddenly rose u" and buc(ed him off and bro(e his arm. nother man tried to ride me, but 7 threw

him and so many others, until 7 was lathered with sweat and blood from their s"urs and rifle butts. 7t was glorious. 1inally they gave u", 6uit, and led me to the bac( of the train. They could not brea( me. =ome may have wanted to (ill me for my arrogance, but others res"ected my anger, my refusal to admit defeat. 7 lived that day, even esca"ed 8olonel Cright, and gallo"ed into other histories.' Thomas o"ened his eyes and saw that the 7ndians in the courtroom sat u" straight, combed their braids gracefully, smiled with 7ndian abandon. GJ &!r. BuildsDtheD1ire,' the :udge as(ed. &7s that the e4tent of your testimonyE' &Hour Bonor, if 7 may continue, there is much more 7 need to say. There are so many more stories to tell.' The :udge loo(ed at Thomas BuildsDtheD1ire for an instant, decided to let him continue. Thomas closed his eyes, and a new story was raised from the ash of older stories: &!y name was Mualchan and 7 had been fighting for our "eo"le, for our land. 7t was horrendous, hiding in the dirt at the very mouth of the ="o(ane 0iver where my fellow warrior, !oses, found me after he esca"ed from 8olonel Cright/s cam". Mualchan, he said to me. Kou must stay away from 5rightCs cam%. &e means to hang you. But Cright had ta(en my father hostage and threatened to hang him if 7 did not come in. Cright "romised he would treat me fairly. 7 believed him and went to the colonel/s cam" and was immediately "laced in chains. 7t was then 7 saw the hangman/s noose and made the fight to esca"e. !y wife also fought beside me with a (nife and wounded many soldiers before she was subdued. fter 7 was beaten down, they dragged me to the noose and 7 was hanged

with si4 other 7ndians, including 5"seal, who had never raised a hand in anger to any white or 7ndian.' Thomas o"ened his eyes and swallowed air hard. Be could barely breathe and the courtroom

grew distant and vague. G. &!r. BuildsDtheD1ire,' :udge as(ed and brought Thomas bac( to attention. &Chat "oint are you trying to ma(e with this storyE' &Cell,' Thomas said. &The 8ity of ="o(ane is now building a golf course named after me, Mualchan, located in that valley where 7 was hanged.' The courtroom burst into motion and emotion. The :udge hammered his gavel against his bench. The bailiff had to restrain 5ve 1ord, who had made a sudden lea" of faith across the room toward Thomas. &Thomas,' she yelled. &Ce/re all listening.' The bailiff had his hands full as 5ve slugged him twice and then "ushed him to the ground. 5ve stom"ed on the bailiff/s big belly until two tribal "olicemen tac(led her, handcuffed her, and led her away. 2J &Thomas,' she yelled. &Ce hear you.' The :udge was redDfaced with anger> he almost loo(ed 7ndian. Be "ounded his gavel until it bro(e. &3rder in the court,' he shouted. &3rder in the fuc(ing court.' The tribal "olicemen grew in number. !any were 7ndians that the others had never seen before. The "olicemen swelled in si;e and forced the others out of the courtroom. fter the court was cleared

and order restored, the :udge "ulled his re"lacement gavel from beneath his robe and continued the trial. &Now,' the :udge said. &Ce can go about the administration of :ustice.' 2. &7s that real :ustice or the idea of :usticeE' Thomas as(ed him, and the :udge flew bac( into anger. &Defense testimony is over,' he said. &!r. BuildsDtheD1ire, you will now be crossDe4amined.' Thomas watched the "rosecuting attorney a""roach the witness stand. &!r. BuildsDtheD1ire,' he said. &Chere were you on !ay +K, +,.,E' &7 was in the vicinity of 0osalia, Cashington, along with $99 other warriors, ready to battle with 8olonel =te"toe and his soldiers.' .J & nd could you e4"lain e4actly what ha""ened there that dayE'

Thomas closed his eyes and told this story: &!y name was Cild 8oyote and 7 was :ust si4teen years old and was frightened because this was to be my first battle. But we were confident because =te"toe/s soldiers were so small and wea(. They tried to negotiate a "eace, but our war chiefs would not settle for anything short of blood. Hou must understand these were days of violence and continual lies from the white man. =te"toe said he wanted "eace between whites and 7ndians, but he had cannons and had lied before, so we refused to believe him this time. 7nstead, we attac(ed at dawn and (illed many of their soldiers and lost only a few warriors. The soldiers made a stand on a hillto" and we surrounded them, ama;ed at their tears and cries. But you must understand they were also very brave. The soldiers fought well, but there were too many 7ndians for them on that day. Night fell and we retreated a little as we always do during dar(. =omehow the surviving soldiers esca"ed during the night, and many of us were ha""y for them. They had fought so well that they deserved to live another day.' Thomas o"ened his eyes and found the "rosecuting attorney/s long nose :ust inches from his own. &!r. BuildsDtheD1ire, how many soldiers did you (ill that dayE' .. Thomas closed his eyes and told another story: &7 (illed one soldier right out with an arrow to the chest. Be fell off his horse and didn/t move again. 7 shot another soldier and he fell off his horse, too, and 7 ran over to him to ta(e his scal" but he "ulled his revolver and shot me through the shoulder. 7 still have the scar. 7t hurt so much that 7 left the soldier and went away to die. 7 really thought 7 was going to die, and 7 su""ose the soldier "robably died later. =o 7 went and lay down in this tall grass and watched the s(y. 7t was beautiful and 7 was ready to die. 7t had been a good fight. 7 lay there for "art of the day and most of the night until one of my friends "ic(ed me u" and said the soldiers had esca"ed. !y friend tied himself to me and we rode away with the others. That is what ha""ened.' Thomas o"ened his eyes and faced the "rosecuting attorney. &!r. BuildsDtheD1ire, you do admit, willingly, that you murdered two soldiers in cold blood and with "remeditationE' &Hes, 7 (illed those soldiers, but they were good men. 7 did it with sad heart and hand. There was no way 7 could ever smile or laugh again. 7/m not sorry we had to fight, but 7 am sorry those men had to die.'

KJ

&!r. BuildsDtheD1ire, "lease answer the 6uestion. Did you or did you not murder those two soldiers in cold blood and with "remeditationE' &7 did.' 6rticle from the ="o(esmanD0eview, Jctober <, (B3. Builds-th -Fi! t" S#"ld ! i$ P!is"$ C5LLP7N7T, C =B7N@T3N)Thomas BuildsDtheD1ire, the selfD"roclaimed visionary of the ="o(ane Tribe, was sentenced today to two concurrent life terms in the Calla Calla =tate Penitentiary. Bis many su""orters battled with "olice for over eight hours following the verdict. A.=. District 9udge 9ames Cright as(ed, &Do you have anything you want to say now, !r. BuildsDtheD1ireE' BuildsDtheD1ire sim"ly shoo( his head no and was led away by "rison officials. Cright told BuildsDtheD1ire that the new federal sentencing guidelines &re6uire the im"osition of a life sentence for racially motivated murder.' There is no "ossibility for "arole, said A.=. Prosecuting 7ndian Nation. ttorney, dol"h D. 9im, an enrolled member of the Ha(ima

K.

&The only a""eal 7 have is for :ustice,' BuildsDtheD1ire re"ortedly said as he was trans"orted away from this story and into the ne4t. Thomas BuildsDtheD1ire sat 6uietly as the bus traveled down the highway toward Calla Calla =tate Penitentiary. There were si4 other "risoners: four from the smallest town in the state. &7 (now who you are,' the 8hicano said to Thomas. &Hou/re that 7ndian guy did all the tal(ing.' &Heah,' one of the frican men said. &Hou/re that storyDteller. Tell us some stories, chief, give us the scoo".' Thomas loo(ed at these five men who shared his s(in color, at the white man who shared this bus which was going to deliver them into a new (ind of reservation, barrio, ghetto, loggingDtown tin shac(. Be then loo(ed out the window, through the steel grates on the windows, at the freedom :ust outside the glass. Be saw wheat fields, bodies of water, and bodies of dar(Ds(inned wor(ers "ulling fruit from trees and sweat from thin air. frican men, one 8hicano, and a white man

$J

Thomas closed his eyes and told this story.

T3P78= 130 807T78 L TB7N<7N@ ND C07T7N@

+. DThe story includes an e"igra"h from the ustrian writer 1ran; <af(a/s unfinished novel The

Trial #"ublished in +9F., translated into 5nglish in +9G.%, about a ban( assessor named 9ose"h <., who is mysteriously accused of an unnamed crime and who is then baffled by a legal system he cannot understand or communicate with. Chat does the e"igra"h contribute to Could the story have a different effect without the e"igra"hE F. D54"lain the "hrase about Thomas in the third "aragra"h: & ll his stories remained internal.' G. DChat is the res"onse of the B7 the legal system to himE 2. D1ocus on each of the stories that Thomas tells. Chat is he saying through each of them, and what is their meaning as a grou"E .. DChat is the function of the final scene, and, in "articular, the significance of the final sentenceE K. D3ne critic has stated that disagree with this assessmentE 8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present 9ohn +sc!i%
s &$d Ph&!is s the

le4ie/s storyE

#Bureau of 7ndian

ffairs% to ThomasE Chat is the res"onse of

le4ie/s story is &too "olemical, too "olitical.' Do you agree or

scribes were s"ecialists who co"ied and inter"reted the Bebrew law> the Pharisees

were members of a sect that em"hasi;ed strict adherence to the !osaic law. 8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present 1ran; <af(a 8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present

5li;abeth Bisho" 8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present

9ames lan !cPherson 8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present

9ames lan !cPherson 8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present 9ames lan !cPherson 8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present 9ames lan !cPherson 8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present 9ames lan !cPherson 8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present =herman le4ie

+BIA Bureau of 7ndian

ffairs.

8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present =herman le4ie

8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present =herman le4ie

8ha"ter 9 N Law and Disorder: Narratives from Biblical Times to the Present