“Stop,” the judge suggested, and they stopped. He looked from one to the other, and then he said, “The reason I called you to this preliminary off-the-record discussion is because I’m afraid emotions may run high today, and I would prefer that nothing disturb the tranquillity of my court. Mr. Welles, just now you interrupted Mr. Schreck. You will not do that again. Nor will Mr. Schreck interrupt you. When I want one of you to speak, I will tell you so. Is that clear?”
Before Welles could speak, Schreck said, “Your Honor, there are those occasions when one’s honorable opponent makes a misstatement that requires a timely response.”
“If either of you interrupts the other, ever,” the judge told him, “I will declare an immediate thirty-minute recess. And what will happen to your timely response then? I suggest you take notes as we go along.”
“Thank you, Your Honor,” Schreck said, without apparent irony.
“We’ll begin,” the judge said, and made a little shooing gesture that sent the lawyers back to their respective tables. Once they’d gotten there and seated themselves, Judge Higbee said, “Mr. Welles, I believe you would like to make a statement to the Court concerning some recent events.”
Welles popped to his feet. “I do, Your Honor, thank you. As you know, we have an action in the appeals court in Albany at this moment, on your ruling that the Redcorn grave in Queens cannot be considered sacred tribal burial grounds. It has been our contention, not to resubmit the entire case in this venue, Your Honor, that the protections afforded Native American burial sites in previous court decisions are not limited to current tribal lands. As a part of our argument, we have made reference to the strong tribal and religious feelings among the Kiota and Oshkawa concerning the resting places of their ancestors. And now, bearing out that contention, three young lads from the Silver Chasm reservation have actually gone to the Redcorn grave in Queens to rescue their forebear from what they consider violated land. This entirely voluntary act, done without consultation with any of the tribal elders, simply—”
Max Schreck lunged upward with opening mouth. Judge Higbee raised his gavel. Max Schreck saw that movement, clasped his left hand over his open mouth, lunged back down, and began to write slashingly on a long yellow legal pad.
Meantime, Welles had continued to speak: “—serves to reinforce the contentions we have already made to the appeals court, and cocounsel down in Albany will be addressing that court today, to add this bit of evidence to our argument. Thank you, Your Honor.”
Schreck took his hand from his mouth and his pen from his pad and waggled his eyebrows at Judge Higbee, who ignored him and said instead, to Welles, “You see this grave robbing as a further argument in your appeal?”
“We do, Your Honor,” Welles said.
“The three young men involved are all nephews of Roger Fox.”
“And Mr. Fox,” Welles said, while Roger Fox tried to look stoic, “has confessed to me that although the part of him that is a mature adult of course deplores the young lads’ actions, the part of him that is always Oshkawa cannot help but be proud of their actions, however rash.”
Roger Fox tried to look proud.
Judge Higbee said, “Mr. Welles, I have the police report from New York City here in front of me. The van that was used was rented by Mr. Fox.”
“The lads asked him to rent it for them,” Welles replied. “They told him they intended to go fishing.”
“In a van with a sixteen-foot-long storage area?” the judge asked. “How many fish did they expect to catch?”
“I believe they also intended to help a friend move some furniture.”
“It will be interesting to watch you produce that friend, Mr. Welles,” the judge told him, “and his furniture. There is also the question of the second coffin, apparently removed from a grave on the reservation. I have a report that an open grave was found in the older cemetery on the reservation.”
“It is my understanding,” Welles said, “that the person in question was not a member of the Three Tribes, and the lads felt the protection afforded by sacred tribal lands was of little or no moment to him. As they needed a grave in the proper area for the late Mr. Redcorn, they merely intended to reverse the positions of the two decedents.”
“Thereby,” Judge Higbee pointed out, “invalidating any DNA test that might be done.”
Shaking his head, Welles said, “Your Honor, I doubt those lads have ever even thought about DNA.”
“Their uncle thinks about DNA,” the judge said. “However, this is a police matter in New York City, and not to be adjudicated by this court. I was interested to hear what your explanation of those events might be, Mr. Welles. Thank you. And now, Mr. Schreck, I believe you have a premature application you wish to make.”
Clearly, Max Schreck had sniffed the prevailing breeze this morning and understood that the court this week, though it had the same personnel in the same physical location, was not the same as the court last week. It was a more dangerous court this week. Therefore, Schreck did not pop to his feet, but rose cautiously, even rustily, to say, “Your Honor, obviously we don’t believe our motion is premature, but I’m happy to hear you at least acknowledge its potential, and I hope my learned cocounsel will be able to convince you that its time is not later, but now.”
Learned cocounsel? Some other specialist up from New York, full of obscure citations? Judge Higbee prepared himself for boredom. But then, Schreck turned to bow to Marjorie Dawson, who flickered a nervous smile and rose as Schreck sat down.
Oh, I see, the judge thought. He’s throwing her out of the sled. So I’m the wolf, am I? Smiling as though Marjorie were Little Red Riding Hood, he said, “Good morning, Marjorie.”
“Good morning, Your Honor.” That smile flickered again, and she glanced down at her note-riddled yellow pad. “Judge—Your Honor. In attempting to remove the body of Joseph Redcorn from its legitimate—and presumably final—resting place, the casino managers have—”
“Your Honor, I pro—” called Welles.
“Thirty-minute recess,” Judge Higbee declared. Thock went the gavel, and off went the judge, to watch thirty minutes of soap opera in chambers.
“Proceed, Marjorie.”
“Thank you, Your Honor. In attempting to remove the body of Joseph Redcorn from its legitimate—and presum—” She coughed, having remembered she’d already made that feeble joke “—legitimate resting place, the casino managers have made it clear that they believe Little Feather Redcorn is Pottaknobbee, and their actions since she first arrived in this area to press her claim have not been based on their belief in her fraudulence, but in their belief in her veracity. They want to keep her from her proper share in the casino even though they know full well she is Pottaknobbee. By their actions, they demonstrate that their presence in this court is a sham, meant to gain time while they protect themselves by more devious measures. Since they have demonstrated their belief that Little Feather Redcorn is what she claims to be, and since there is no one else who disputes her claim, we see no reason for this action to go forward before the Court, and we therefore request dismissal of all charges against Little Feather Redcorn.”
“Very nice, Marjorie,” the judge said.
Now her smile was real, and surprised. The judge could see that Schreck was surprised, too, having expected him to give the proposer of dismissal of all charges a rough time indeed, which is exactly what he would have given Schreck himself: a brusque dismissal. But what Schreck didn’t yet understand was that not only are all politics local but so is all law. When this farrago was finished, Schreck and Welles and all their cocounsels and their briefcases and their red neckties would go hallooing back to New York City, but Judge T. Wallace Higbee and counselor Marjorie Dawson would be dealing with each other in this courtroom for years to come.