Portia took the call at the office. Jake was upstairs frantically reviewing witness statements when she buzzed through with “Jake, it’s a collect call from Lucien.”
“Where is he?”
“Don’t know but he sounds awful.”
“Take the call and put him through.”
Seconds later, Jake picked up the receiver and said, “Lucien, where are you?”
With great effort, he was able to convey the message that he was in the Memphis City Jail and needed Jake to come get him. He was thick-tongued, erratic, obviously bombed. Sadly, Jake had heard it all before. He was suddenly angry and unsympathetic.
“They won’t let me talk,” Lucien mumbled, barely intelligible. Then he seemed to be growling at someone in the background. Jake could visualize it perfectly. He said, “Lucien, we’re leaving in five minutes for the courtroom. I’m sorry.” But he wasn’t sorry at all. Let him rot in jail.
“I gotta get there, Jake, it’s important,” he said, his words slurred so badly that he repeated himself three times.
“What’s important?”
“I got deposition. Ancil’s. Ancil Hubbard. Deposition. It’s important Jake.”
Jake and Portia hurried across the street and entered the courthouse through the rear doors. Ozzie was in the hallway on the first floor talking to a janitor. “Got a minute?” Jake asked with a look that was dead serious. Ten minutes later, Ozzie and Marshall Prather left town in a sprint to Memphis.
“Missed you yesterday,” Judge Atlee said when Jake entered his chambers. The lawyers were gathering for the morning’s pregame briefing.
“Sorry Judge, but I got tied up with trial details,” Jake replied.
“I’m sure you did. Gentlemen, any preliminary matters this morning?”
The lawyers for the contestants smiled grimly and shook their heads. No. Jake said, “Well, yes, Your Honor, there is one matter. We have located Ancil Hubbard in Juneau, Alaska. He is alive and well and unable to rush down here for the trial. He is an interested party to these proceedings and should be included. Therefore, I move for a mistrial and suggest we start over when Ancil can be here.”
“Motion denied,” Judge Atlee said without hesitation. “He would be of no assistance in determining the validity of this will. How did you find him?”
“It’s quite a long story, Your Honor.”
“Save it for later. Anything else?”
“Not from me.”
“Are your next witnesses ready, Mr. Lanier?”
“They are.”
“Then let’s proceed.”
With the jurors so deeply in his pocket, the last thing Wade Lanier wanted to do was to bore them. He had made the decision to streamline his case and get to the jury as soon as possible. He and Lester Chilcott had mapped out the rest of the trial. They would spend Thursday calling their remaining witnesses. If Jake had anything left, he would then be permitted to call rebuttal witnesses. Both lawyers would deliver their closing arguments mid-morning on Friday, and the jurors would get the case just after lunch. With the weekend looming, and with their minds already made up, they should finish and deliver a verdict long before the courthouse closed at five. Wade and Lester would be in Jackson in time for a late dinner with their wives.
As seasoned lawyers, they should have known better than to plan the rest of the trial.
Their first witness Thursday morning was a retired oncologist from Jackson, a Dr. Swaney. For decades he had worked as a practicing physician while teaching at the medical school. His résumé was impeccable, as were his manners, and he spoke with a deep backcountry drawl that carried no pretensions. He was thoroughly credible and believable. Using as few medical terms as possible, Dr. Swaney explained to the jury the type of cancer that was killing Seth Hubbard, with emphasis on the tumors that metastasized to his spinal cord and ribs. He described the intense pain involved with such tumors. He had treated hundreds of patients with a similar condition, and it created some of the worst pain imaginable. Demerol was certainly one of the most effective drugs available. An oral dosage of a hundred milligrams every three to four hours was not uncommon and would alleviate some of the pain. It usually rendered the patient drowsy, sluggish, dizzy, often nauseous, and unable to carry out many routine functions. Driving was certainly out of the question. And, obviously, important decisions should never be made while under the influence of that much Demerol.
As a younger lawyer, Jake had learned the futility of arguing with a true expert. A bogus expert often provided the opportunity for some real carnage before the jury, but not so with witnesses like Dr. Swaney. On cross, Jake made it clear that Seth Hubbard’s own treating physician, Dr. Talbert, was not certain how much Demerol Seth was taking in the days before his death. The witness agreed it was all speculation, but politely reminded Jake that patients rarely buy more of an expensive drug if they’re not using it.
The next expert was another medical doctor, a Dr. Niehoff, from the medical school at UCLA. Small-town juries are easily impressed with experts who travel great distances to spend time with them, and no one knew this better than Wade Lanier. An expert from Tupelo would have their attention, while one from Memphis would be even more believable. But bring in the same guy from California and the jury would hang on every word.
For $10,000 of Wade Lanier’s money, plus expenses, Dr. Niehoff explained to the jury that he had spent the last twenty-five years researching and treating pain in cancer victims. He was well acquainted with the tumors under discussion and did a thorough job of describing their effects on the body. He had seen patients cry and scream for prolonged periods of time, turn deathly pale, vomit uncontrollably, beg for medications, pass out, and even beg for death. Thoughts of suicide were quite common. Actual suicide was not rare. Demerol was one of the more popular and effective treatments. Here, Dr. Niehoff ventured off script when he lapsed into a bit of technical jargon, as happened so often when experts couldn’t resist the temptation to impress their listeners. He referred to the drug as meperidine hydrochloride, said it was a narcotic analgesic, an opiate pain reliever.
Lanier stopped him and brought his vocabulary back in line. Dr. Niehoff told the jury that Demerol was a powerful pain reliever and highly addictive. He had worked with the drug for his entire career and had written numerous articles about it. Doctors prefer to dispense it in the hospital or in their clinics; however, in a case like Seth Hubbard’s, it was not unusual to allow the patient to take it orally at home. The drug was easy to abuse, especially for a person in severe pain like Seth.
Jake rose and said, “Objection, Your Honor. There is not a shred of evidence that Seth Hubbard abused this drug.”
“Sustained. Stick with the facts, Doctor.”
Jake sat down, relieved to have finally received a favorable ruling on something.
Dr. Niehoff was an excellent witness. His descriptions of the tumors, the pain, and the Demerol were detailed, and after forty-five minutes on the stand it was easy to believe Seth was suffering greatly and his pain was relieved only by massive doses of Demerol, a drug that practically knocked him out. In his expert opinion, Seth Hubbard’s judgment was so adversely affected by the daily dosages and cumulative effects of the drug that he could not have been thinking clearly in his final days.