“Exactly. That’s it, Jake. That’s what I have to find out.”

“Good luck. I’d tell Lucien everything and enlist his help. He’ll cuss his ancestors, but he does that before breakfast most days anyway. He’ll get over it. Believe me, they did far worse.”

“Great. I’ll tell him, and I’ll start digging through the attic this afternoon.”

“Be careful. I go up there once a year and only when I have to. I seriously doubt you’ll find anything.”

“We’ll see.”

Lucien took it well. He offered a few of his usual vile condemnations of his heritage but seemed placated by the fact that his grandfather had lost the case against Sylvester Rinds. Without invitation, he launched into history and explained to Portia, and at times throughout the afternoon to Jake as well, that Robert E. Lee Wilbanks had been born during Reconstruction and had spent most of his life laboring under the belief that slavery would one day return. The family managed to keep the carpetbaggers away from its land, and Robert, to his credit, built a dynasty that included banks, railroads, politics, and the law. He’d been a harsh, unpleasant man, and as a child Lucien had feared him. But give the devil his due. The fine home Lucien now owned had been built by dear old grandpa and properly handed down.

After hours, they climbed to the attic and slid further into history. Jake hung around for a while, but soon realized it was a waste of time. The files went back to 1965, the year Lucien inherited the law firm after his father and uncle were killed in a plane crash. Someone, probably Ethel Twitty, the legendary secretary, had cleaned house and purged the old records.

35

Two weeks before the scheduled start of the war, the lawyers and their staffs met in the main courtroom for a pretrial conference. Such gatherings were unheard-of back in the old days, but the more modern rules of engagement called for them and even provided an acronym, the PTC. Lawyers like Wade Lanier who fought on the civil side were well versed in the strategies and nuances of the PTC. Jake less so. Reuben Atlee had never presided over one, though he would not admit this. For him and his Chancery Court, a major trial was a nasty divorce with money on the line. These were rare, and he handled them the same way he had for thirty years, modern rules be damned.

Critics of the new rules of discovery and procedure whined that the PTC was nothing more than a rehearsal for the trial, and thus it required the lawyers to prepare twice. It was time-consuming, expensive, burdensome, and also restrictive. A document, an issue, or a witness not properly covered in the PTC could not be considered at trial. Old lawyers like Lucien who reveled in dirty tricks and ambushes hated the new rules because they were designed to promote fairness and transparency. “Trials are not about fairness, Jake, trials are about winning,” he’d said a thousand times.

Judge Atlee wasn’t too keen on them either, though he was duty-bound to follow them. At ten o’clock Monday morning, March 20, he shooed away the handful of spectators and told the bailiff to lock the door. This was not a public hearing.

As the lawyers were getting situated, Lester Chilcott, Lanier’s co-counsel, walked over to Jake’s table and laid down some paperwork. “Updated discovery,” he said, as if everything were routine. As Jake flipped through it, Judge Atlee called them to order and began scanning faces to make sure all lawyers were present. “Still missing Mr. Stillman Rush,” he mumbled into his microphone.

Jake’s surprise quickly turned to anger. In a section where all potential witnesses were listed, Lanier had included the names of forty-five people. Their addresses were scattered throughout the Southeast, with four in Mexico. Jake recognized only a handful; a few he had actually deposed during discovery. A “document dump” was a common dirty trick, one perfected by corporations and insurance companies, in which they and their lawyers hid discoverable documents until the last possible moment. They then dumped several thousand pages of documents on the opposing lawyer just before the trial, knowing he and his staff could not possibly dig through them in time. Some judges were angered by document dumps; others let them slide. Wade Lanier had just pulled off a “witness dump,” a close cousin. Withhold the names of many of the potential witnesses until the last moment, then hand them over along with a bunch of surplus names to bewilder the opponent.

The opponent seethed, but suddenly had more pressing matters. Judge Atlee said, “Now, Mr. Brigance, you have two motions pending. One to change venue, the other for a continuance. I’ve read your briefs, and the responses from the contestants, and I’m assuming you have nothing more to add to these motions.”

Jake rose and wisely said, “No sir.”

“Just keep your seats, gentlemen. This is a pretrial conference, not a formal hearing. Now, is it also safe to assume there has been no progress in the search for Ancil Hubbard?”

“Yes sir, that’s safe to assume, though with more time we may make some progress.”

Wade Lanier stood and said, “Your Honor, please, I’d like to respond. The presence or absence of Ancil Hubbard is of no importance here. The issues have been boiled down to what we expected, to those always in play in a will contest; to wit, testamentary capacity and undue influence. Ancil, if he’s alive, did not see his brother Seth for decades prior to Seth’s suicide. Ancil can’t possibly testify to how or what his brother was thinking. So let’s proceed as planned. If the jury finds in favor of the handwritten will, then Mr. Brigance and the estate will have plenty of time to keep searching for Ancil and hopefully give him his 5 percent. But if the jury rejects the handwritten will, then Ancil himself becomes irrelevant because he’s not mentioned in the prior will. Let’s move on, Judge. You set the trial date of April 3 many months ago, and there’s no good reason not to go on as planned.”

Lanier was not flashy, but he was down-to-earth, even homey, and persuasive. Jake had already learned the man could argue effortlessly off-the-cuff and convince anybody of just about anything.

“I agree,” Judge Atlee said gruffly. “We will proceed as planned on April 3. Here, in this courtroom. Please sit down, Mr. Lanier.”

Jake took notes and waited for the next argument. Judge Atlee looked at his notes, adjusted the reading glasses far down his nose, and said, “I count six lawyers sitting over here on the contestants’ side of the courtroom. Mr. Lanier is the chief counsel for the children of Seth Hubbard—Ramona Dafoe and Herschel Hubbard. Mr. Zeitler is the chief counsel for the two children of Herschel Hubbard. Mr. Hunt is the chief counsel for the two children of Ramona Dafoe. The rest of you guys are associates.” He removed his glasses and stuck a stem in his mouth. A lecture was coming. “Now gentlemen, when we get to trial, I have no intention of tolerating a lot of excessive and unnecessary chatter from six lawyers. In fact, no one except lawyers Lanier, Zeitler, and Hunt will be allowed to speak in court on behalf of the contestants. God knows that should be enough. And, I’m not going to subject the jury to three different opening statements, three different closing arguments, and three different examinations of witnesses. If there is an objection, I do not want three or four of you jumping up and waving your arms and yelling, ‘Objection!’ ‘Objection!’ Do you follow me?”