Sycamore Row

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, thenAncil 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?”
    Of course they did. He was speaking slowly, clearly, and with his usual heavy authority. He continued, “I suggest that Mr. Lanier take the lead for the contestants and handle the bulk of the trial. He certainly has