Chapter 37
Because he did not have a license to practice law in Mississippi, Errol McLeish was required to associate local counsel for his carefully laid plans. He never considered hiring anyone from Clanton. All the good lawyers there were kin to the Wilbankses anyway. McLeish wanted a lawyer with an aggressive reputation who was well-known in north Mississippi, but with no close ties to Ford County. He took his time, did his research, asked around, and finally selected a Tupelo lawyer named Burch Dunlap. The two met a month before Pete’s execution and began laying the groundwork. Dunlap liked the case because it had the potential for press coverage, and, at least in his opinion, it would be an easy win.
On August 12, Dunlap, on behalf of his client Jackie Bell, filed a wrongful death suit against the estate of Pete Banning. The lawsuit set forth the facts as virtually everyone knew them, and asked for half a million dollars in damages. In an unexpected twist, it was filed in federal court in Oxford, not state court in Clanton. Jackie Bell claimed to now be a resident of Georgia and thus entitled to relief in federal court, where the jurors would be summoned from thirty counties, and where sympathy for a convicted murderer would be difficult to find.
Since Florry was the executrix of the estate, papers had to be served upon her. She was in the backyard tending to her birds when Roy Lester appeared from nowhere with a look of deep concern.
“Bad news, Florry,” he said, tipping his hat. He handed over a thick envelope and said, “Looks like more legal trouble.”
“What is it?” she asked, knowing full well that he and Nix and probably everybody at the jail had read whatever was in the envelope.
“A lawsuit filed by Jackie Bell, over in federal court.”
“Thanks for nothing.”
“Would you sign right here?” he asked, holding a sheet of paper and a pen.
“For what?”
“It says that you have been served with the lawsuit and you have it in your possession.”
She signed, thanked him, and took the papers inside. An hour later, she barged into John Wilbanks’s office and charged up the stairs. She thrust the lawsuit at him and fell onto the sofa in tears. John lit a cigar as he calmly read the three-page pleading.
“No real surprise here,” he said as he sat in a chair across from the sofa. “It seems as though we’ve discussed this as a possibility.”
“A half a million dollars?”
“An exaggeration, just part of the business. Lawyers typically demand far more than they expect to receive.”
“But you can handle this, right, John? There’s nothing to worry about?”
“Oh, I can handle it all right, in the sense that I can defend the lawsuit, but there is much to be concerned with, Florry. First, the facts, and they are fairly well established. Second, Burch Dunlap is a fine lawyer who knows what he’s doing. Filing in federal court is a brilliant move, and, frankly, one I didn’t expect.”
“So you knew this was coming?”
“Florry, we discussed this months ago. Jackie Bell’s husband was murdered and the killer had assets, which is unheard of.”
“Well, I don’t remember what we discussed, John, to be honest. My nerves have been shot to hell this past year and my poor brain can’t take much more. What are we supposed to do now?”
“Nothing for you. I’ll defend the lawsuit. And we’ll wait for more to come.”
“More?”
“Wouldn’t surprise me.”
They waited two days. Burch Dunlap filed his second lawsuit in the Chancery Court of Ford County and named as defendants Joel and Stella Banning. Errol McLeish figured the two would soon be leaving to pursue their studies, and decided to serve them with process before they left town. Roy Lester again drove out to the Banning farm and handed papers to Joel, Stella, and Florry.
Being sued by a good lawyer was uncomfortable enough, but facing two lawsuits with little in the way of defenses was terrifying. The three defendants met with John and Russell Wilbanks, and while it was somewhat comforting to be in the presence of loyal friends who were fine lawyers, there was an unmistakable sense of uncertainty in the air.
Could the Bannings really lose their land? Florry’s, of course, was safe, but the deed to Joel and Stella was being attacked by a lawyer who knew what he was doing. It was clear that Pete had planned the murder, and in doing so attempted to transfer his most valuable asset to his children in an effort to avoid the claims of judgment creditors.
The Wilbanks brothers discussed what might happen in the months to come. They agreed that Dunlap would probably press hard for a trial on the wrongful death claim, and, assuming he won, and frankly it was difficult to see how he could lose, then he would bring his judgment to the Chancery Court of Ford County and assault their land. Depending on who won and who lost in which trial, the litigation and appeals could drag on for years. Attorneys’ fees could be substantial.
John Wilbanks promised a vigorous defense on all fronts, but his show of confidence was not altogether believable.
They left his office in a depressed state and, on a whim, decided to drive to Memphis, to the Peabody, where they could drown their worries at the elegant bar, eat a fine meal, spend a carefree night, and get out of Ford County. Better burn some cash while they had it.
Joel drove, perched like a chauffeur alone up front with the gals in the rear seat, and for several miles nothing was said until they crossed into Van Buren County. Stella broke the ice with “I really don’t want to go back to Hollins. Classes start in three weeks and I cannot imagine walking into a classroom and trying to listen to a lecture on something as unimportant as Shakespeare when my father has just been executed and my poor mother is in a mental institution. Seriously? How can I be expected to study and learn?”
“So you’re quitting college?” Florry asked.
“Not quitting, just taking a break.”
“And you, Joel?”
“I’m having the same thoughts. The first year of law school is a boot camp and I’m just not up to it. I was leaning toward Vanderbilt but now with money more of an issue I was thinking about Ole Miss. Truth is, though, I can’t see myself sitting in a classroom getting hammered by a bunch of crusty old law professors.”
“Interesting,” Florry said. “And with no classes and no jobs what will the two of you be doing in the months to come? Sitting around the house and driving Nineva crazy? Or perhaps you could help out in the fields and pick cotton with the Negroes? Buford can always use some extra hands. And if you get bored in the fields, you can always pull weeds and gather vegetables from the garden so we’ll have something to eat this winter. Amos will be happy to show you how to milk cows at six every morning. Nineva would love to have you under foot in her kitchen as she cooks and cans. And when you get bored on the farm you can always venture into town, where everyone you bump into will ask how you’re doing and pretend to be so sad about your father. Is that what you want?”
Neither Joel nor Stella responded.
Florry continued. “Here’s the better plan. In three weeks you’re getting the hell out of here because you need to finish school before we lose all the money. Your father put me in charge of your education, so I’m writing the checks. If you don’t finish school now, then you never will, so you have no choice but to go. Stella, you’re going back to Hollins, and Joel, you’re going to law school. I don’t care where, just get away from here.”
A few miles passed in silence as the finality of the decision sank in.