by D M Barrett
“Do you think he’s being manipulated?” the preacher asked in astonishment.
“You enter an appearance in his case and file a motion for a new trial. I’ll show up unannounced and we’ll spring the trap,” Attorney General Jemison stated.
“Are you going to have him arrested?” a pale, ashen-faced Preacher Man asked.
“If necessary, we’ve got Sheriff Hankins to take him into custody. My primary interests are to get young Burton exonerated, to find out who’s manipulating Pete Mitchell, and to have him resign without any fanfare,” AG Jemison explained.
“So we’re applying some mountain justice,” the preacher said with a smile.
“It solves the problem. It eliminates the threat. It protects right. I call that justice. Don’t you agree?” Attorney General Jemison asked.
Both Sheriff Hankins and Preacher Mann said in unison, “Yes, sir.”
* **
Preacher Mann, acting as lawyer Mann, filed a motion for a new trial and asked for a hearing. He stated the grounds as being a violation of the defendant’s right to counsel. It was set for hearing on Friday.
That morning Preacher Mann, Sheriff Hankins, and Nurse Bilbrey arrived early at Judge Pete Mitchell’s courtroom. The sheriff had ordered Deputy Thomas Kelly to bring Jeffrey Burton from the county work farm to the courthouse for the hearing.
Attorney General Robert Alan Jemison arrived outside the courtroom. He had two staff attorneys with him.
“Are you not involving the local district attorney?” Preacher Mann asked.
“He confessed to accepting bribes in the Jeffrey Burton case. He has agreed to testify, as needed, to avoid prosecution. He’s been removed from the district, his office cleared, and escorted to a holding cell at the DeKalb County jail,” the Attorney General explained.
“Who gave him the bribes?” the preacher asked.
“Judge Pete Mitchell bribed him. He was paid to ‘overlook’ the Jeffrey Burton case,” AG Jemison replied.
“How much did he receive?” Preacher Mann inquired.
“He was given $500. He bought a new car but I had it seized and it was forfeited,” the attorney general replied.
“Please give me about ten minutes with Judge Mitchell before you walk into the courtroom,” Preacher Mann suggested.
Attorney General Jemison nodded and motioned for his staff attorneys and Sheriff Hankins to remain with him. Nurse Bilbrey accompanied Preacher Mann into the courtroom. She sat behind the rail in the spectator’s section.
When Judge Mitchell entered the courtroom, the bailiff said, “All rise.”
Judge Mitchell said as Preacher Mann started to stand, “Keep your seat, Tom. It’s just us today. Well, except for your beautiful fiancé.
“Thank you, your honor,” the preacher responded.
“I guess you can’t shake enough contributions out of your flock so you’re going some part-time lawyerin’,” Judge Mitchell said with a chuckle.
“It seemed that you didn’t realize that Jeffrey Burton was illiterate and was due to have effective assistance of counsel. I’m representing him until you grant him a new trial and appoint counsel,” the preacher explained.
“Tom, I read your brief and motion. However, the sixth amendment grants that right in the federal system, not the state system. We have no such requirement in our system. I know you were a federal prosecutor for a few years and probably assumed that I was in error,” Judge Mitchell replied.
“Your honor, portions of the Constitution’s Bill of Rights have been made applicable to the states by the Supreme Court’s Doctrine of Incorporation. In the case at bar, the High Court has determined that the Due Process Clause requires states to provide counsel just like the requirement made upon the federal government,” Preacher Mann argued.
“What is your best case supporting that notion?” Judge Mitchell asked.
“That would be Powell v. Alabama decided in 1932. The United States Supreme Court reversed the convictions of nine young black men convicted for allegedly raping two white women on a freight train near Scottsboro, Alabama. The court reasoned that the right to retain counsel and be represented by a lawyer was fundamental to a fair trial.
In some instances, the trial judge is required to inform the defendant of that right. If the defendant cannot afford a lawyer, the court is required to appoint a lawyer sufficiently far enough in advance of trial that the lawyer can adequately prepare for trial.” Preacher Mann responded.
“What were the circumstances giving rise to that right in that case?” Judge Mitchell queried.
“Illiterate defendants were given the death penalty,” the preacher replied.
“I’ll save us a lot of time. I’ll commute his sentence to life in prison. You’ll save his life and be a hero. We’ll save the state of Tennessee a lot of money and a lot of work,” Judge Mitchell offered.
At that moment, Attorney General Jemison parted the two large courtroom doors in a fashion not seen since Moses parted the Red Sea. At least that’s what Nurse Bilbrey wrote in her journal.
“I’m Attorney General Robert Alan Jemison. I’ve got my own motion, although I certainly support lawyer Thomas Mann’s motion,” the attorney general stated.
“What is your motion, sir?” Judge Mitchell asked with a tremble in his voice.
“I move that this court immediately dismiss all charges against Jeffrey Burton and that he be set at liberty,” AG Jemison demanded.
“Well . . . I . . . on what grounds, sir?” a shaken Judge Mitchell inquired.
“I am the highest prosecuting authority in the state of Tennessee. There’s no damn case here!” the attorney general yelled.
“Pete, you’re about a minute away from being jerked off that bench, cuffed, and dragged down to a jail cell. There’s a little hope left for you. But, do the right thing and dismiss this case,” Preacher Mann pleaded.
“Case dismissed on motion of the state attorney general,” Judge Mitchell said.
“Gentlemen, we should take this up later. Judge Mitchell has certain rights and he should consult a competent attorney,” the preacher announced.
“I request that Thomas P. Mann represent me,” Pete Mitchell stated.
“That’s fine with me. We will take this up in chambers right now while it’s hot,” AG Jemison said.
* **
Judge Pete Mitchell admitted that his gambling debts led to his downfall. Jeffrey Burton, a deaf, semi-literate individual, had been seeing the daughter of an out-of-state bookmaker while at the Tennessee Polytechnic Institute in Cookeville. The daughter was also deaf.
The bookie wanted to get rid of Jeffrey Burton until she finished her degree at TPI. He agreed to forgive several thousand dollars of gambling debt for Judge Mitchell handling the problem.
Judge Mitchell was to keep young Burton at the county work farm for a few years and then release him. Since he was under penalty of death and due to eventually be transferred, he was not required to do hard labor.
For immunity from prosecution, Judge Mitchell resigned from office, agreed to provide the federal government with evidence against the bookmaker, as needed. He accepted a one-year suspension of his law license. He agreed to leave Putnam County and all counties in the circuit where he had served as a judge. None of this was to be made public until Judge Pete Mitchell’s death. All records were sealed.
Nurse Bilbrey and Sheriff Hankins thought that the result was much too light. They felt that the judge deserved harsher treatment.
After being criticized for the result, Preacher Mann replied, “That’s what happens when you mix lawyerin’ and preachin’ – a little justice and a lot of grace.”
Editor’s Note: It wasn’t until many years later that the constitutional guarantees provided by Fifth Amendment and Sixth Amendment were fully required to be met by the states through the Due Process Clause of the Fourteen Amendment. Gideon v. Wainwright, 372 U.S. 335 (1963) and Miranda v. Arizona, 484 U.S. 436 (1966).
11.
Progres
s
Preacher Mann stepped outside the meetinghouse onto the front porch area at the entrance. He closed the door behind him. He noticed that the front porch bulb had a tell-tale black area on it which indicated that it had burned out.
The preacher unscrewed the large, white bulb and gave it a gentle shake. The rattle indicated a broken filament. It needed to be replaced.
He glanced over at Discount Grocery where he intended to make his first stop of the day. There were three vehicles at the gasoline pump. One was being filled with gasoline and two were in the cue. Additionally, there were four other cars parked outside the store.
Notwithstanding the flurry of activity at Discount Grocery, the preacher made his way across the street. He spoke to the outside customers and walked up the steps and into the store.
Once inside Discount Grocery, he immediately recognized Clayton ‘SheMammy’ Martin standing near the counter engaged in conversation with Jack Wright. He saw Louis Barrett, editor of The Mountain Gazette, with pad and pencil in hand taking notes on the conversation.
“Louis Barrett is taking notes and Clayton Martin is doing the talking. I hope it’s not the gossip column news,” Preacher Mann said with a chuckle.
“I’m telling the news and it’s all on you, preacher,” Clayton Martin replied with a large smile.
“Actually, I’m doing a series of articles on the progress that’s been made in Ferguson,” Louis Barrett remarked.
“I haven’t had much time to spend with your cub reporter, Jack Wright, lately. I’m not up on the news,” Preacher Mann responded.
“Clayton Martin has founded a couple of new lines of ready-to-wear clothing. I was just getting an initial report as you came into the store,” the newspaperman said.
“I’ve designed a line of toddler’s clothing that’s being bought by several of Lucy Wooden’s retail chains,” SheMammy announced proudly.
“I’m sure I know the inspiration for that clothing line,” the preacher said.
“Yes, it’s Clay or Little Man as I call him. He’s over at Miss Ruby’s trying on some samples to be sent out to customers,” Clayton Martin reported.
“Do you have any initial indications as to the potential for the children’s clothing line?” Preacher Mann asked.
“He may get your cub reporter’s job,” Louis Barrett whispered to Jack Wright.
“I’m not worried. He won’t ask the hard questions like I will,” Jack Wright whispered back.
“Our initial orders have caused Miss Ruby to add four more seamstresses. That brings her up to a dozen ladies,” Mr. Martin said.
“SheMammy, you won’t be able to spend all that money you’re making,” the preacher said with a smile.
“I’ve just contracted to have a new house built in Lucas Simpson’s meadow down the road. Harriman Bank is providing the working capital for the development. Lawrence Sawmill & Salvage is supplying the craftsmen, building materials, and certain furnishings,” SheMammy explained.
“You are just a wealth of news, Clayton,” the preacher replied.
“Indeed,” Louis Barrett said under his breath.
“George Hickman has committed the Harriman Bank to fund construction of ten new homes in Simpson’s Meadow. That’s a lot of work for framers, roofers, plumbers, and electricians,” SheMammy reported.
“Look on that wall. It’s a Help Wanted Board,” Jack Wright said pointing to a bulletin board near the front entrance.
“Louis needs to put them in a classified advertisement section in The Mountain Gazette. That will provide a wider reach and more coverage for the employers,” Preacher Mann suggested.
“I’ll do it as a community service at no cost to employers,” Louis Barrett replied.
“Is there any more news for Designs by Clayton?” the preacher asked.
“Actually, in addition to discussing the children’s clothing line, I’m meeting with Miss Lucy and Miss Ruby today to discuss a line of fashionable, moderately priced wedding gowns. They are looking at a few of my handmade samples now,” SheMammy beamed.
“Do you have any upcoming weddings other than mine?” the preacher inquired.
“You know that whatever happens with SheMammy stays with SheMammy. But, you’ll be getting offers for a couple in the very near future,” Clayton Martin said with a twinkle in his eye.
“Now I need that for the Around Town section of the paper and you two won’t tell anything,” Louis Barrett said pointing at Clayton Martin and Preacher Mann.
SheMammy and Preacher Mann simultaneously placed their right index fingers across their smiling lips. They confirmed that the newspaperman wouldn’t be getting any gossip from them.
“I’ve got some news,” Jack Wright announced.
“Is that news that you haven’t told me?” Louis Barrett asked.
“I had to wait until it was official,” the merchant replied.
“That’s never stopped him before,” Preacher Mann said.
“I’ve read those Bible verses you gave me about being a busybody and a gossip. I’m careful,” Jack Wright stated.
“Give us your news,” Louis Barrett insisted.
“Ferguson is getting a post office and I’m the temporary postmaster,” the storekeeper said.
“When will it open? Where will it be located?” the newspaper editor asked.
“It will officially be open for business today. It will be temporarily located in that front storage room. Carpenters are installing a cage and a reinforced door later this afternoon,” Jack Wright replied.
“Have you got any mail to distribute? Have you got any stamps to sell?” SheMammy inquired.
“Everything needed to get started is on today’s Mountain Excursion. If you’ll stop back after lunch, I can sell stamps, you can mail a letter, and you can see if any mail is here for you,” the storekeeper announced.
“Where’s the permanent facility going to be located?” Preacher Mann asked.
“In an addition that will be located beside The Mountain Gazette,” Jack Wright said.
“Who is going to be appointed the permanent postmaster?” Louis Barrett inquired.
“It won’t be me. I suppose they’ll give a test and select from the three highest-scoring applicants. But, that’s not official,” Jack Wright said.
“Your best bet is to check with Congressman Richard M. Atkinson’s office. They’ll want to make a big splash with this news,” Preacher Mann suggested.
“Do you have any more excitement for us?” SheMammy asked.
“I’ve hired an assistant and bought a panel van. I’m working him in the store three days a week and having him run a peddling route two days per week,” Jack Wright beamed.
“Is that due to increased business?” Preacher Mann queried.
“Our gasoline business has doubled. We’ve got at least a 50 percent increase in foot traffic in the store. We’re selling a lot more groceries and supplies. We’ll do well with the peddling route, too,” the merchant explained.
“The Great Depression is not near as bad as it has been. But the economic progress in this area is very atypical for other areas of the state and the country,” Louis Barrett reported.
“What makes you believe that to be the case?” Preacher Mann inquired.
“In addition to what you’ve already heard this morning, Joe Scott is adding a health and beauty aids section and hiring a pharmacy assistant. The Bluebird Café is hiring an additional waitress. Miss Rosie’s Bed and Breakfast is adding six rooms with baths due to increased business,” Louis Barrett explained.
“Before I forget, I’ve got two messages for you, preacher,” Jack Wright announced.
“What are they?” the preacher asked.
“George Hickman needs to see you at Harriman Bank at your earliest convenience. Henry Wooden called and offered to buy lunch for you at Miss Rosie’s today,” Jack Wright read from his notes.
“I’ll tell Henry Wooden you’ll be there at noonish for lunch. That’ll give you tim
e to see George Hickman,” SheMammy offered.
As SheMammy finished his recommendation, Deputy Thomas Kelly entered Discount Grocery and made his way toward Preacher Mann.
“I’m supposed to take you to Harriman Bank,” the deputy announced.
“I noticed that you’re wearing your pistol. This must be serious,” the preacher remarked.
“It’s important but it’s not Sheriff Hankins important,” Deputy Kelly said with a smile.
“I’ve got one question before you leave,” Louis Barrett remarked.
“What is that question?” Preacher Mann asked.
“Why are you carrying around that large, white light bulb?” the newspaper editor inquired.
“The Lord called the poor thing home and I need a replacement,” the preacher said with a smile.
“I’ll put a help wanted notice in the next edition of The Mountain Gazette,” Louis Barrett offered.
“Give it to me. I’ll have one sent up on the train from Nashville. You’ll be dark for a couple days,” the merchant stated.
“Great! I’ll be able to give Nurse Bilbrey some longer, more romantic kisses on the front porch of the meetinghouse without it making the Around Town gossip column,” the preacher remarked as he handed the bulb to Jack Wright and walked toward the front of Discount Grocery with Deputy Kelly.
“I wouldn’t count on that,” SheMammy said cupping his hands around his mouth.
* **
The preacher got into Deputy Kelly’s patrol car and the pair made their way down Ferguson’s main street to Hickman Bank. As they exited the car on that warm, early spring day it was quite breezy. Preacher Mann held onto his hat tightly with one hand and pulled his jacket together with the other hand.
The preacher entered Harriman Bank and noticed Finis Martin Lawrence sitting at George Hickman’s desk. They were engaged in a serious discussion. The preacher halted his approach. Deputy Thomas Kelly made his way through the bank lobby to speak with Drusilla at the teller’s cage.
“Come and join us. We’re talking about you,” George Hickman announced as he motioned Preacher Mann to be seated beside Finis Lawrence.