Lanier stepped back to the podium and glanced at his notes, then he looked at his watch. Eight minutes, and he was in no hurry. “We will attempt to prove undue influence by discussing a prior will made by Seth Hubbard. This will was prepared by a leading law firm in Tupelo a year before Seth died, and it left about 95 percent of his estate to his family. It’s a complicated will with a lot of legal mumbo-jumbo that only tax lawyers understand. I don’t understand it and we’ll try not to bore you with it. The purpose of discussing this earlier will is to illustrate the point that Seth was not thinking clearly. The earlier will, because it was prepared by tax lawyers who knew their stuff and not by a man on the verge of hanging himself, takes full advantage of the IRS code. In doing so, it saves over $3 million in taxes. Under Mr. Hubbard’s handwritten will, the IRS gets 51 percent, over $12 million. Under the earlier will, the IRS gets $9 million. Now, Mr. Brigance likes to say that Seth Hubbard knew exactly what he was doing. I doubt it. Think about it, folks. A man shrewd enough and clever enough to amass such a fortune in ten years does not throw together a handwritten document that will cost his estate $3 million. That’s absurd! That’s unusual and unreasonable!”
With his elbows he leaned on the podium and tapped his fingers together. He looked into the eyes of the jurors as they waited. He finally said, “Let me wrap things up here, and I must say you’re pretty lucky because neither Jake Brigance nor I believe in long speeches. Nor does Judge Atlee for that matter.” There were some smiles. It was almost funny. “I’d like to leave you with my opening thought, my first visual for this trial. Think of Seth Hubbard on October 1 of last year, facing certain death and already determined to speed it up, racked with pain and heavily medicated with painkillers, sad, lonely, single, estranged from his children and grandchildren, a dying, bitter old man who’d given up, and the only person near enough to hear him and console him was Lettie Lang. We’ll never know how close they really were. We’ll never know what went on between them. But we do know the outcome. Ladies and gentlemen, this is a clear case of a man making a terrible mistake while under the influence of someone after his money.”
When Lanier sat down, Judge Atlee said, “Call your first witness, Mr. Brigance.”
“The proponents call Sheriff Ozzie Walls.” From the second row, Ozzie hurried to the witness chair and was sworn in. Quince Lundy was seated at the table to Jake’s right, and though he had practiced law for almost forty years he had aggressively avoided courtrooms. Jake instructed him to glance at the jurors occasionally and make observations. As Ozzie was getting situated, Lundy slid over a note that read, “You were very good. So was Lanier. The jury is split. We’re screwed.”
Thanks, Jake thought. Portia shoved forward a legal pad. On it, her note read, “Frank Doley is pure evil.”
What a team, Jake thought. All he needed was Lucien whispering bad advice and irritating everyone else in the courtroom.
With Jake asking the questions, Ozzie laid out the scene of the suicide. He used four large color photographs of Seth Hubbard swinging from the rope. These were passed through the jury box for shock value. Jake had objected to the photos because of their gruesomeness. Lanier had objected to the photos because they might evoke sympathy for Seth. In the end, Judge Atlee said the jury needed to see them. Once they were gathered up and admitted into evidence, Ozzie produced the suicide note Seth left behind on his kitchen table for Calvin Boggs. The note was magnified on a large screen set up across from the jury, and each juror was given a copy. It read, “To Calvin. Please inform the authorities I’ve taken my own life, with no help from anyone. On the attached sheet of paper I have left specific instructions for my funeral and burial. No autopsy! S.H. Dated, October 2, 1988.”
Jake produced the originals of the funeral and burial instructions, got them admitted without objection, and displayed them on the big screen. Each juror was handed a copy. They read:
Funeral Instructions:
I want a simple service at the Irish Road Christian Church on Tuesday, October 4, at 4 p.m. with Rev. Don McElwain presiding. I’d like for Mrs. Nora Baines to sing The Old Rugged Cross. I do not want anyone to attempt a eulogy. Can’t imagine anyone wanting to. Other than that, Rev. McElwain can say whatever he wants. Thirty minutes max.
If any black people wish to attend my funeral, then they are to be admitted. If they are not admitted, then forget the whole service and put me in the ground.
My pallbearers are: Harvey Moss, Duane Thomas, Steve Holland, Billy Bowles, Mike Mills, and Walter Robinson.
Burial Instructions:
I just bought a plot in the Irish Road Cemetery behind the church. I’ve spoken with Mr. Magargel at the funeral home and he’s been paid for the casket. No vault. Immediately after the church service, I want a quick interment—five minutes max—then lower the casket.
So long. See you on the other side.
Seth Hubbard
Jake addressed the witness and said, “And Sheriff Walls, this suicide note and these instructions were found by you and your deputies in the home of Seth Hubbard shortly after you found his body, correct?”
“That’s right.”
“What did you do with them?”
“We took them into our possession, made copies, then the following day gave them to Mr. Hubbard’s family at his home.”
“I have no further questions, Your Honor.”
“Any cross-examination, Mr. Lanier?”
“None.”
“You are excused, Sheriff Walls. Thank you. Mr. Brigance?”
“Yes, Your Honor, at this time I would like for the jury to be instructed that it has been stipulated by all parties that the documents just admitted into evidence were indeed written by Mr. Seth Hubbard.”
“Mr. Lanier?”
“So stipulated, Your Honor.”
“Very well, there is no dispute as to the authorship of these documents. Proceed, Mr. Brigance.”
Jake said, “The proponents call Mr. Calvin Boggs.” They waited until Calvin was summoned from a witness room. He was a large country boy who’d never owned a necktie, and it was obvious he had not even considered buying one for the occasion. He wore a frayed plaid shirt with patches on the elbows, dirty khakis, dirty boots, and looked as though he just wandered into the courtroom from a pulpwood-cutting expedition. He was thoroughly intimidated and overwhelmed by the surroundings, and within seconds began to choke up as he described his horror at finding his boss hanging from a sycamore tree.
“What time did he call you that Sunday morning?” Jake asked.
“Around nine, said to meet him at the bridge at two.”
“And you arrived at two on the dot, right?”
“Yes sir, I did.”
Jake’s plan was to use Boggs to illustrate how Seth took care of the details. He would later argue to the jury that Seth left the note on the table, packed up his rope and ladder, drove to the site, and made sure he was good and dead when Calvin arrived at 2:00 p.m. He wanted to be found not long after he died. Otherwise, it could have been days.
Lanier had nothing to ask. The witness was dismissed.
“Call your next witness, Mr. Brigance,” Judge Atlee said.
Jake said, “The proponents call the county coroner, Finn Plunkett.”
Finn Plunkett was a rural mail carrier when he was first elected county coroner thirteen years earlier. At the time, he had no experience in medicine; none was required in Mississippi. He had never visited a crime scene. The fact that the state still elected its county coroners was odd enough; it was one of the last states to do so. Indeed, it was one of the few to ever initiate the ritual to begin with. For the past thirteen years, Finn had been called at all hours of the day and night to such locations as nursing homes, hospitals, accident scenes, honky-tonks, rivers and lakes, and homes wrecked by violence. His typical routine was to hover over a corpse and solemnly pronounce, “Yep, he’s dead.” Then he would speculate on the cause of death and sign a certificate.
He had been present when Seth was lowered to the ground. He’d said, “Yep, he’s dead.” Death by hanging, a suicide. Asphyxiation and a broken neck. With Jake leading him through his testimony, he quickly explained to the jury what was already painfully obvious. Wade Lanier had no cross-examination.
Jake called to the stand his ex-secretary, Roxy Brisco, who, since she’d left the office with bad blood, had initially refused to testify. So Jake issued a subpoena and explained she might go to jail if she ignored it. She quickly came around, and took the stand dressed fashionably for the moment. Tag-teaming, they walked through the events of the morning of October 3, when she arrived at the office with the mail. She identified the envelope, letter, and two-page will from Seth Hubbard, and Judge Atlee admitted them into evidence as exhibits for the proponents. There was no objection from the other side. Following a script that had been suggested by His Honor, Jake projected on the screen an enlarged version of the letter to him from Seth. He also handed a copy to each juror. Judge Atlee said, “Now, ladies and gentlemen, we’re going to pause for a moment while each of you carefully reads this letter.”
The courtroom was instantly silent as the jurors read their copies and the spectators studied the screen.
… herein you will find my last will and testament, every word written by me and signed and dated by me. I’ve checked the law of Mississippi and am satisfied that it is a proper holographic will, thus entitled to full enforcement under the law. No one witnessed me signing this will because, as you know, witnesses are not required for holographic wills. A year ago I signed a thicker version in the offices of the Rush law firm in Tupelo, but I have renounced that document.
This one is likely to start some trouble and that’s why I want you as the attorney for my estate. I want this will defended at all costs and I know you can do it. I specifically cut out my two adult children, their children, and my two ex-wives. These are not nice people and they will fight, so get ready. My estate is substantial—they have no idea of its size—and when this is made known they will attack. Fight them, Mr. Brigance, to the bitter end. We must prevail.
With my suicide note I left instructions for my funeral and burial. Do not mention my last will and testament until after the funeral. I want my family to be forced to go through all the rituals of mourning before they realize they get nothing. Watch them fake it—they’re very good at it. They have no love for me.
I thank you in advance for your zealous representation. It will not be easy. I am comforted in knowing I will not be there to suffer through such an agonizing ordeal.
Sincerely, Seth Hubbard October 1, 1988
Slowly, as each juror finished, they could not help but glance into the audience and take a look at Herschel Hubbard and Ramona Dafoe. She wanted to cry, but at that moment she correctly assumed anyone looking would think she was only faking it. So she stared at the floor, along with her brother and husband, and waited for this awkward and awful time to pass.
Finally, after an eternity, Judge Atlee said, “Let’s take a fifteen-minute recess.”
