Two days later, Ray arrived on the Gulf1 Coast of Mississippi. There were friends from his law school days at Tulane he wanted to see, and he gave serious thought to spending time in his old haunts. He craved2 an oyster3 po'boy from Franky & Johnny's by the levee, a muffaletta from Maspero's on Decatur in the Quarter, a Dixie Beer at the Chart Room on Bourbon Street, and chicory coffee and beignets at Cafe du Monde, all of his old haunts from twenty years ago.
But crime was rampant4 in New Orleans, and his handsome little sports car could be a target. Lucky the thief who stole it and yanked open the trunk. Thieves would not catch him, nor would state troopers because he kept precisely5 at the posted limits. He was a perfect driver - obeying all the laws, closely eyeing every other car.
The traffic slowed him on Highway 90, and for an hour he crept eastward6 through Long Beach, Gulfport, and Biloxi, hugging the beach, past the shiny new casinos sitting at the water, past new hotels and restaurants. Gambling7 had hit the coast as fast as it had arrived in the farmlands around Tunica.
He crossed the Bay of Biloxi and entered Jackson County. Near Pascagoula, he saw a flashing rented sign beckoning8 travelers to stop in for All-You-Can-Eat-Cajun, just $13.99. It was a dive but the parking lot was well lit. He cased it first and realized he could sit at a table in the window and keep an eye on his car. This had become his habit.
There were three counties along the Gulf. Jackson on the east and bordering Alabama, Harrison in the middle, and Hancock on the west next to Louisiana. A local politician had succeeded nicely in Washington and kept the pork flowing back to the shipyards in Jackson County. Gambling was paying the bills and building the schools in Harrison County. And it was Hancock, the least developed and populated, that Judge Atlee had visited in January 1999 for a case that no one back home knew about.
After a slow dinner of crawfish etoufee and shrimp9 remoulade, with some raw oysters10 thrown in, he drifted back across the bay, back through Biloxi and Gulfport. In the town of Pass Christian11 he found what he was searching for - a new, flat motel with doors that opened to the outside. The surroundings looked safe, the parking lot was half-full. He paid sixty dollars cash for one night and backed the car as close to his door as possible. He'd changed his mind about being without a weapon. One strange sound during the night, and he'd be outside in a flash with the Judge's .38, loaded now. He was perfectly12 prepared to sleep in the car, if necessary.
HANCOCK COUNTY was named for John, he of the bold signature on the Declaration of Independence. Its courthouse was built in 1911 in the center of Bay St. Louis, and was practically blown away by Hurricane Camille in August 1969. The eye ran right through Pass Christian and Bay St. Louis, and no building escaped severe damage. More than a hundred people died and many were never found.
Ray stopped to read a historical marker on the courthouse lawn, then turned once more to look at his little Audi. Though court records were usually open, he was nervous anyway. The clerks in Clanton guarded their records and monitored who came and went. He wasn't sure what he was looking for or where to begin. The biggest fear, however, was what he might find.
In the Chancery Clerk's office, he loitered just long enough to catch the eye of a pretty young lady with a pencil in her hair. "May I help you?" she drawled. He was holding a legal pad, as if that would somehow qualify him and open all the right doors.
"Do y'all keep records of trials?" he asked, trying hard to string out the "y'all" and overemphasizing it in the process.
She frowned and looked at him as if he had committed a misdemeanor.
"We have minutes from each term of court," she said slowly, because he obviously was not very bright. "And we have the actual court files." Ray was scribbling14 this down.
"And," she said after a pause, "there are the trial transcripts16 taken down by the court reporter, but we don't keep those here."
"Can I see the minutes?" he asked, grasping at the first item she'd mentioned.
"Sure. Which term?" ,
"January of last year."
She took two steps to her right and began pecking on a keyboard. Ray looked around the large office where several ladies were at their desks, some typing, some filing, some on the phone. The last time he'd seen the Chancery Clerk's office in Clan13 ton there had been only one computer. Hancock County was ten years ahead.
In a corner two lawyers sipped17 coffee from paper cups and whispered low about important matters. Before them were the property deed books that dated back two hundred years. Both had reading glasses perched on their noses and scuffed18 wing tips and ties with thick knots. They were checking land titles for a hundred bucks19 a pop, one of a dozen dreary20 chores handled by legions of small-town lawyers. One of them noticed Ray and eyed him suspiciously.
That could be me, Ray thought to himself.
The young lady ducked and pulled out a large ledger21 filled with computer printouts. She flipped22 pages, then stopped and spun23 it around on the counter. "Here," she said, pointing. 'January '99, two weeks of court. Here's the docket, which goes on for several pages. This column lists the final disposition24. As you'll see, most cases were continued to the March term."
Ray was looking and listening.
“Any case in particular?" she asked.
"Do you remember a case that was heard by Judge Atlee, from Ford25 County? I think he was here as a special chancellor26?" he asked casually27. She glared at him as if he'd asked to see her own divorce file.
'Are you a reporter?" she asked, and Ray almost took a step backward.
"Do I need to be?" he asked. Two of the other deputy clerks had stopped whatever they were doing and were frowning at him.
She forced a smile. "No, but that case was pretty big. It's right here," she said, pointing again. On the docket it was listed simply as Gibson v. Miyer-Brack. Ray nodded approvingly as if he'd found exactly what he wanted. "And where would the file be located?" he asked.
"It's thick," she said.
He followed her into a room filled with black metal cabinets that held thousands of files. She knew exactly where to go. "Sign here," she said, handing over a clipboard with a ledger on it. "Just your name, the date. I'll do the rest."
"What kind of case was it?" he asked as he filled in the blanks.
"Wrongful death." She opened a long drawer and pointed28 from one end to the other. "All this," she said. "The pleadings start here, then discovery, then the trial transcript15. You can take it to that table over there, but it cannot leave the room. Judge's orders."
"Which judge?"
"Judge Atlee."
"He died, you know."
Walking away, she said, "That's not such a bad thing."
The air in the room went with her, and it took a few seconds for Ray to think again. The file was four feet thick, but he didn't care. He had the rest of the summer.
CLETE GIBSON died in 1997 at the age of sixty-one. Cause of death, kidney failure. Cause of kidney failure, a drug called Ryax, manufactured by Miyer-Brack, according to the allegations of the lawsuit29, and found to be true by the Honorable Reuben V Atlee, sitting as special chancellor.
Mr. Gibson had taken Ryax for eight years to battle high cholesterol30. The drug was prescribed by his doctor and sold by his pharmacist, both of whom were also sued by his widow and children. After taking the drug for about five years, he began having kidney problems, which were treated by a different set of doctors. At the time, Ryax, a relatively31 new drug, had no known side effects. When Gibson's kidneys quit completely, he somehow came to know a Mr. Patton French, attorney-at-law. This happened shortly before his death.
Patton French was with French & French, over in Biloxi. A firm letterhead listed six other lawyers. In addition to the manufacturer, physician, and pharmacist, the defendants32 also included a local drug salesman and his brokerage company out of New Orleans. Every defendant33 had a big firm engaged, including some heavyweights from New York. The litigation was contentious34, complicated, even fierce at times, and Mr. Patton French and his little firm from Biloxi waged an impressive war against the giants on the other side.
Miyer-Brack was a Swiss pharmaceutical35 giant, privately36 owned, with interests in sixty countries, according to the deposition37 of its American representative. In 1998, its profits were $635 million on revenues of $9.1 billion. That one deposition took an hour to read.
For some reason, Patton French decided38 to file a wrongful death suit in Chancery Court, the court of equity39, instead of Circuit Court, where most trials were by jury. By statute40, the only jury trials in Chancery were for will contests. Ray had sat through several of those miserable41 affairs while clerking for the Judge.
Chancery Court had jurisdiction42 for two reasons. First, Gibson was dead and his estate was a Chancery matter. Second, he had a child under the age of eighteen. The legal business of minors43 belonged in Chancery Court.
Gibson also had three children who were not minors. The lawsuit could've been filed in either Circuit or Chancery, one of a hundred great quirks44 in Mississippi law. Ray had once asked the Judge to explain this enigma45, and as usual the answer was simply, "We have the greatest court system in the country." Every old chancellor believed this.
Giving lawyers the choice of where to sue was not peculiar46 to any state. Forum47 shopping was a game played on the national map. But when a lawsuit by a widow living in rural Mississippi against a mammoth48 Swiss company that created a drug produced in Uruguay was filed in the Chancery Court of Hancock County, a red flag was raised. The federal courts were in place to deal with such far-flung disputes, and Miyer-Brack and its phalanx of lawyers tried gallantly49 to remove the case. Judge Atlee held firm, as did the federal judge. Local defendants were included, thus removal to federal court could be denied.
Reuben Atlee was in charge of the case, and as he pushed the matter to trial, his patience with the defense50 lawyers wore thin. Ray had to smile at some of his father's rulings. They were terse51, brutally53 to the point, and designed to light a fire under the hordes54 of lawyers scrambling55 around the defendants. The modern-day rules about speedy trials had never been necessary in Judge Atlee's courtroom.
It became evident that Ryax was a bad product. Patton French found two experts who blasted the drug, and the experts defending it were nothing but mouthpieces for the company. Ryax lowered cholesterol to amazing levels. It had been rushed through the approvals, then dumped into the marketplace, where it became extremely popular. Tens of thousands of kidneys had now been ruined, and Mr. Patton French had Miyer-Brack pinned to the mat.
The trial lasted for eight days. Against the objections of the defense, the proceedings56 began each morning precisely at eight-fifteen. And they often ran until eight at night, prompting more objections, which Judge Atlee ignored. Ray had seen this many times. The Judge believed in hard work, and, with no jury to pamper57, he was brutal52.
His final decision was dated two days after the last witness testified, a shocking blow for judicial58 promptness. Evidently, he had remained in Bay St. Louis and dictated59 a four-page ruling to the court reporter. This, too, did not surprise Ray. The Judge loathed60 procrastination61 in deciding cases.
Plus, he had his notes to rely on. For eight days of nonstop testimony62, the Judge must have filled thirty legal pads. His ruling had enough detail to impress the experts.
The family of Clete Gibson was award $1.1 million in actual damages, the value of his life, according to an economist63. And to punish Miyer-Brack for pushing such a bad product, the Judge awarded $10 million in punitive64 damages. The opinion was a scathing65 indictment66 of corporate67 recklessness and greed, and it was quite obvious that Judge Atlee had become deeply troubled by the practices of Miyer-Brack.
Even so, Ray had never known his father to resort to punitive damages.
There was the usual flurry of post-trial motions, all of which the Judge dismissed with brusque paragraphs. Miyer-Brack wanted the punitive damages taken out. Patton French wanted them increased. Both sides received a written tongue-lashing.
Oddly, there was no appeal. Ray kept waiting for one. He flipped through the post-trial section twice, then dug through the entire drawer again. It was possible the case had been settled afterward68, and he made a note to ask the clerk.
A nasty little fight erupted over the fees. Patton French had a contract signed by the Gibson family that gave him fifty percent of any recovery. The Judge, as always, felt that was excessive. In Chancery, the fees were within the sole discretion69 of the Judge. Thirty-three percent had always been his limit. The math was easy to do, and Mr. French fought hard to collect his well-earned money. His Honor didn't budge70.
The Gibson trial was Judge Atlee at his finest, and Ray felt both proud and sentimental71. It was difficult to believe it had taken place almost a year and a half earlier, when the Judge was suffering from diabetes72, heart disease, and probably cancer, though the latter was six months from being discovered.
He admired the old warrior73.
With the exception of one lady who was eating a melon at her desk and doing something else online, the clerks were off at lunch. Ray left the place and went to find a library.
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gulf
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| n.海湾；深渊，鸿沟；分歧，隔阂 | |
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craved
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| 渴望，热望( crave的过去式 )； 恳求，请求 | |
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oyster
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| n.牡蛎；沉默寡言的人 | |
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rampant
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| adj.(植物)蔓生的；狂暴的，无约束的 | |
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precisely
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| adv.恰好，正好，精确地，细致地 | |
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eastward
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| adv.向东；adj.向东的；n.东方，东部 | |
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gambling
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| n.赌博；投机 | |
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beckoning
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| adj.引诱人的，令人心动的v.（用头或手的动作）示意，召唤( beckon的现在分词 ) | |
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shrimp
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| n.虾，小虾；矮小的人 | |
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oysters
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| 牡蛎( oyster的名词复数 ) | |
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Christian
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| adj.基督教徒的；n.基督教徒 | |
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perfectly
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| adv.完美地，无可非议地，彻底地 | |
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clan
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| n.氏族，部落，宗族，家族，宗派 | |
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scribbling
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| n.乱涂[写]胡[乱]写的文章[作品]v.潦草的书写( scribble的现在分词 )；乱画；草草地写；匆匆记下 | |
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transcript
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| n.抄本，誊本，副本，肄业证书 | |
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transcripts
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| n.抄本（ transcript的名词复数 ）；转写本；文字本；副本 | |
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sipped
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| v.小口喝，呷，抿( sip的过去式和过去分词 ) | |
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scuffed
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| v.使磨损( scuff的过去式和过去分词 )；拖着脚走 | |
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bucks
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| n.雄鹿( buck的名词复数 )；钱；（英国十九世纪初的）花花公子；（用于某些表达方式）责任v.（马等）猛然弓背跃起( buck的第三人称单数 )；抵制；猛然震荡；马等尥起后蹄跳跃 | |
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dreary
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| adj.令人沮丧的，沉闷的，单调乏味的 | |
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ledger
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| n.总帐，分类帐；帐簿 | |
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flipped
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| 轻弹( flip的过去式和过去分词 )； 按（开关）； 快速翻转； 急挥 | |
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spun
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| v.纺，杜撰，急转身 | |
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disposition
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| n.性情，性格；意向，倾向；排列，部署 | |
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Ford
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| n.浅滩，水浅可涉处；v.涉水，涉过 | |
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chancellor
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| n.(英)大臣；法官；(德、奥)总理；大学校长 | |
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casually
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| adv.漠不关心地，无动于衷地，不负责任地 | |
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pointed
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| adj.尖的，直截了当的 | |
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lawsuit
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| n.诉讼，控诉 | |
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cholesterol
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| n.（U）胆固醇 | |
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relatively
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| adv.比较...地，相对地 | |
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defendants
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| 被告( defendant的名词复数 ) | |
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defendant
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| n.被告；adj.处于被告地位的 | |
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contentious
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| adj.好辩的，善争吵的 | |
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pharmaceutical
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| adj.药学的，药物的；药用的，药剂师的 | |
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privately
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| adv.以私人的身份，悄悄地，私下地 | |
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deposition
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| n.免职，罢官；作证；沉淀；沉淀物 | |
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decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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equity
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| n.公正，公平，（无固定利息的）股票 | |
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statute
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| n.成文法，法令，法规；章程，规则，条例 | |
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miserable
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| adj.悲惨的，痛苦的；可怜的，糟糕的 | |
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jurisdiction
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| n.司法权，审判权，管辖权，控制权 | |
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minors
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| n.未成年人( minor的名词复数 )；副修科目；小公司；[逻辑学]小前提v.[主美国英语]副修，选修，兼修( minor的第三人称单数 ) | |
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quirks
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| n.奇事，巧合( quirk的名词复数 )；怪癖 | |
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enigma
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| n.谜，谜一样的人或事 | |
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peculiar
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| adj.古怪的，异常的；特殊的，特有的 | |
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forum
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| n.论坛，讨论会 | |
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mammoth
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| n.长毛象；adj.长毛象似的，巨大的 | |
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gallantly
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| adv. 漂亮地，勇敢地，献殷勤地 | |
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50
defense
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| n.防御，保卫；[pl.]防务工事；辩护，答辩 | |
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terse
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| adj.(说话，文笔)精炼的，简明的 | |
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brutal
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| adj.残忍的，野蛮的，不讲理的 | |
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brutally
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| adv.残忍地，野蛮地，冷酷无情地 | |
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hordes
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| n.移动着的一大群( horde的名词复数 )；部落 | |
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scrambling
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| v.快速爬行( scramble的现在分词 )；攀登；争夺；（军事飞机）紧急起飞 | |
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proceedings
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| n.进程，过程，议程；诉讼(程序)；公报 | |
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pamper
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| v.纵容，过分关怀 | |
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judicial
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| adj.司法的，法庭的，审判的，明断的，公正的 | |
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dictated
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| v.大声讲或读( dictate的过去式和过去分词 )；口授；支配；摆布 | |
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60
loathed
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| v.憎恨，厌恶( loathe的过去式和过去分词 )；极不喜欢 | |
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procrastination
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| n.拖延，耽搁 | |
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62
testimony
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| n.证词；见证，证明 | |
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63
economist
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| n.经济学家，经济专家，节俭的人 | |
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punitive
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| adj.惩罚的，刑罚的 | |
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65
scathing
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| adj.（言词、文章）严厉的，尖刻的；不留情的adv.严厉地，尖刻地v.伤害，损害（尤指使之枯萎）( scathe的现在分词) | |
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indictment
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| n.起诉；诉状 | |
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corporate
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| adj.共同的，全体的；公司的，企业的 | |
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afterward
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| adv.后来；以后 | |
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discretion
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| n.谨慎；随意处理 | |
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70
budge
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| v.移动一点儿；改变立场 | |
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71
sentimental
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| adj.多愁善感的，感伤的 | |
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diabetes
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| n.糖尿病 | |
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warrior
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| n.勇士，武士，斗士 | |
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