A change of gravity

by George V. Higgins

  "But he's oh, I don't know; he's still sort of a lout. I'm not sure how to describe him to you. He isn't like any of the boyfriends either of us had, when we saw each other all the time.

  "He's a court clerk. Clerk magistrate. It sounds like less than it is. He's got three assistants under him, and there're over thirty people in the office where they work. It's really a medium-sized legal business. File clerks, bookkeepers; and about a dozen or so more who work out of it, constables, deputy sheriffs and so forth. So what it amounts to is that he's sort of a cross between the CEO and CFO of the Canterbury District Court, and he reports to the presiding judge, who's the chairman of the board of this little company.

  "But what he really is, is a pol. That's how he thinks of himself and how he got his official title, when he was still in his twenties. He's never changed. I suppose that's to his credit. He doesn't pretend to be anything he isn't. Or not to be anything he is. Been a pol all his life and makes no bones about it. He's good at it. The proof is that he got this prize. He isn't a pol because he's the boss; he's the boss because he's a good politician. He's proud of it.

  "If you met him he'd remind you of those men you used to tell me that your uncles hung out with all the time down in Chicago. Smoking cigars and drinking whiskey; telling dirty jokes and laughing all the time, except when they were snarling; talking about all the mean and nasty, awful things that they were going to do to people. Or'd just finished doing, croaked someone good. Probably not people that you'd want to spend all of your time with; every so often you'd hear that one of them'd gone to jail. But still and all, fun to be around them; they were raffish. You could tell yourself you didn't have much choice. It was your family duty. "Crude as they are, they're also entertaining."

  That meant you could let yourself go and have a good time without feeling guilty about it. They made you laugh that made them pretty nice guys, all in all, if you could overlook their rougher edges.

  "Rough but good-hearted." Amby's like that.

  "He's certainly not someone you'd expect to find me consorting with now, at my age, and in my widow's weeds. Nor would I. When Walter was alive I thought he was rather vulgar. Poor dear Walter just adored him, so it seemed as though we had to have him every time we had a dinner party, and I used to have to remind myself I had some friends I always asked that Walter wasn't fond of, and he never complained. So if he wanted to have Amby, and the guy that Amby worked for, with, he would say, Dan Hilliard, well, grin and bear it.

  "You would not believe this Hilliard. He's a college president now. It sounds like more than it is: just a dinky little community college. But that's what he does in retirement. He used to be chairman of Ways and Means in the state legislature. A very powerful man, and that's what he still looks like now. The way he moves, how he dresses and talks; he shows you he's used to power. He would've become Speaker one day, if he'd been able to control his sex drive. I'm best friends with his ex-wife, Marcy Hilliard. I'm as close to her now as I was to you. He thinks I'm the reason she's his ex-wife. All those chesty young bimbos that he ran around with had nothing to do with it. But the memory of power's still there; if you tried to imagine what the president of a tin-pot community college would look like; what he'd act like; what he'd be like; well, you would not imagine him.

  "So anyway, there I would be, having the three of them over for dinner;

  Amby and Danny and Marcy; being the dutiful wife. Plus one or two other couples we know. I really don't know how I did it. I'd tell Walter to invite them, and sometimes they'd show up and Amby'd have a date with him, some woman who they'd both met in politics either their husbands weren't interested in politics, or they didn't have husbands; they weren't really old enough yet. That was the explanation anyway; one didn't ask too many questions. And Marcy would be with Dan, and wed all act like of course this new woman was with Amby. When it looked to me at least a couple times as though she could've been with either of them and most likely had been, too, one time or another. We were never completely sure.

  "I never knew what to expect from Dan or Amby, what either one of them would do or say, so I sort of just learned that the best thing to do where they were concerned was just go with the flow. Whatever they did was all right. And keep telling myself all the time they were there:

  "This's for Walter, this's for him. Walter's my husband and Walter's okay, and Walter likes these two guys. Walter thinks these two guys're neat. My dear husband is probably nuts."

  "Then Walter died. And both of them were so kind, and so good to me, so, well, sweet, to me, really. I couldn't get over it. The last people I would've expected. And then, Amby, he knew all about this complicated investment trust that Walter had, that I didn't really know anything about: he was a big help to me there. And so, well, what can I tell you? One thing just led to another, as it usually does. You know how it can be. Suddenly there you are in bed with some man and you're not really certain who he is, or if you were sure that you wanted to be naked in bed with him. But then figured: Oh, what the heck, kinda late now. Might as well see what he's like."

  "That's how it was between David and me," Sally said. "That's just how I felt the first time I slept with him: "I'm very uncertain about this.

  Not sure at all that I want to be with him, I even like him enough."

  And then he turned out to be good in bed. Not that I had that much to compare him with, only two or three guys, but I certainly wasn't a virgin. He made my lights blink on and off. He said I was the best that he'd ever had I think he was telling the truth. But we were healthy young horny kids; what the hell did we know? We thought great sex was all it took. Trouble was that it isn't, and that was all we had."

  "I think that's a good part of what I've got with Amby," Diane said.

  "But at my age, that may be enough. It's sort of like finding this great big dog around, when all I've ever been used to is cats; never had any interest in dogs. Never asked for a big friendly, clumsy dog, but now suddenly I seem to have one. And he gets into things all the time."

  She heard Sally laughing.

  "Yes," she said, 'well, all right. But that's what I'm saying: that may be why I keep him around. Sometimes I get impatient with him.

  Sometimes I'd like to kick him, give him a good swift kick in the pants and see if that might shape him up. But I don't, or I haven't so far, at least. And I must say most of the time I do like having him around.

  Even though I'm never really sure, from one moment to the next, what he's going to do, and sometimes it turns out to be something I don't like."

  "Amby," she said, in the car again, 'come on now, let it out. That's what friends're for."

  "Okay," Merrion said, exhaling heavily, 'sorry that I brought it up and it's against my better judgment, but okay, here we go. Yesterday morning, my day off, I start off by going to the office. This's because the judge and I, as I think I may've already told you, we've got one of our projects going on, only it's not going on exactly the way we had in mind when we started it, all right? So we've been getting a little concerned about it lately, some of the reports we've been getting."

  "This would be one of those jazz improvisations with the law you two enjoy so much?" Diane said. "With absolutely no authority to do them?"

  "Yeah," Merrion said, 'a diversion. What we had in mind when we decide to do this one and having in mind like you just said: we don't have to do them was to see if maybe we can save this woman. She's basically retarded. Mildly, but retarded. If somebody doesn't at least try to do something for her, she's going to get so deeply involved in the criminal justice system where we're both convinced she does not belong that she's going to get hurt. And Lenny and I just decided we don't want that to happen."

  "Yes," Diane said. "This would be the woman that got involved with the evil gypsy. And I told you at the time I didn't see how you had any power to do this, and I thought it was a rotten idea. The woman who worked at the pizza parlor and she got herself mixed up in the swindle with the shrewd old lady and the
bank account."

  "Well, the Burger Quik onna pike, but yeah," Merrion said, 'that's the one I mean. And the judge and I know very well, going into this, what people would think of what we're trying to do here. We're not under the impression that the vast majority of people would necessarily approve, wholly if they knew what we were doing, completely on our own.

  If someone was to tell them what it is we're doing and then ask them what they thought of it, a lot of them would then say: No. We're under no illusions here. We know what we're doing goes totally against the grain, completely against the grain, of the attitude that the majority of people today have toward the criminal justice system. What it should be doing and what direction it should be taking. What it ought to be accomplishing; the kind of results it should be getting, what we've got a right to expect.

  "That's what they think, and that's the end of it. No matter what you tell them, you're not gonna change their mind. Inna popular mind now, the purpose of the justice system is punishment. "No, no more talkin' here. Get 'em off a the streets; we're afraid of them. Lock'em up an' then get rid of the key."

  "We know this. People who're involved inna system like Judge Cavanaugh and I, who actually know how it works and what it does to people, we're not supposed to say: "Well, yeah, we hear what you're saying. But we still think what may be called for here, in this particular case, involving this particular person, is something slightly different.

  Instead of assuming that the best thing we can hope for is what you know you'll get, if we just let the system work the way it normally does, let's see if maybe we can adapt the system a little.

  '"See, the system assumes that offenders're fungible; every one is the same. What works for one'll work for all the others. That's why the system doesn't always work very well. Offenders're people, and people aren't fungible. And Judge Cavanaugh and I think when you get a case like this one, what you oughta do is individualize the approach. See if something a little different might not work a little better."

  "You mean you've aborted another prosecution," Diane said. "That's what it amounts to, isn't it? Just sort of noodged it off to one side where the two of you can play with it for a while. With no idea at all what the outcome of this little game will be. That's why you're so bothered; something's gone wrong: just like I told you it would when you were so excited telling me a year ago about it. I knew right off it was dangerous. I told you. You wouldn't listen. You reacted the way you always do when you've asked me what I think about something you propose to do and I tell you "Not much." You got hurry and said: "Well, I'm the expert. You don't know what you're talking about."

  "You did it today, not fifteen minutes ago, when I asked you a harmless question about how much hope some young kid has of ever getting help. I can't imagine why you're telling me about this poor woman again, this case that you've been screwing up, when we're trying to have a nice day."

  "Well, if that's what you want to call it," he said, 'you could call it "screwing up," yeah. But if you're asking me for the term that I would use, I would say her case has been continued. Looks like just every other continuance we got, and there're dozens of 'em, literally, more'n you could shake a stick at. Technically that's what it is.

  "But I would call it more of a suspension. We've continued the case, but we really don't expect… it isn't like we think there's going to come a day when this case's called for trial. No witnesses, for one thing; the old lady who's the victim was sharp but she wasn't in good health back when the incident occurred. And my understanding even then was that if much more'n another month went by before the matter came to trial, it'd be touch-and-go whether she could testify. And that was a year ago. So no, a trial in this case isn't out of the question; it's not very likely, is all. But we haven't screwed anything up."

  "You're gambling," she said. "She doesn't know it, but this woman that you're trying to control… what was her name again? I can almost see it in my mind."

  "LeClerc," he said. "Janet LeClerc' "Yes," Diane said, "Janet. Poor little Janet LeClerc, getting bossed around by you, who've got absolutely no authority to make her do anything, no case against her at all. But she doesn't know this, and wouldn't know what to do about it if she did she isn't bright enough.

  The only reason that she's trying to do what you tell her is because you've tricked her, you and Cavanaugh. Lied to her, deceived her, conned her just like the gypsy who was conning her and the other woman to cheat the sick old lady. The sheer moral arrogance: breathtaking."

  "Well, Jesus Christ, Diane," he said, 'this's for her own good. It isn't like we're doing this because we want to hurt the woman, here, you know. That's what I'm trying to tell you. That this's something that we decided we would try to do, thought it would be a good thing for us to try to do, and now it turns out, like I said, that there was a catch."

  She overrode what he was saying before he could finish. "No," she said, shaking her head. "Don't make it what it isn't. You're taking an awful chance here, and a stupid one to boot. The papers get ahold of this, they'll ruin both of you, you and the judge both. And you'll deserve it. You have no authority to do what you're doing and you know it. You've told me that yourself. Place the case on file, as you put it, and then make the defendant accountable to you. Set yourself up over this unfortunate creature as though you were her keeper. Rule her life.

  "It's okay. The two of you've decided in your wisdom that what's legally available, the agencies and so forth, aren't effective enough for you. They don't do things the way you'd like to see them done. So the hell with the legislature and the laws and all of that stuff. You and Danny Hilliard; that's where this got started. The two of you spent so much time thinking up ways to manipulate people to get him elected, and then when he was elected, using every bit of power he could get, any way that he could get it, to do what you two wanted done, you lost sight of everything else.

  "Something happened to you. You've got this disdain for the whole process. For you it's become a charade. Everything official's a show you put on for the dummies out front, to distract them while you do what was best for them. What the law says is not important; what matters is who's got the fix in. The law's what you want the law to be, and never mind what it says; you'll decide what matters.

  "Who the hell do you think you are? Barging into her life, like you own it? Who on earth gave you that right?

  "No one did. You've got no right. And in the second place, just what are you going to do, to punish her, if she doesn't do what you tell her, or does what you tell her not to do? Have you given that any thought? What are you going to do to her if she decides to call your bluff, get into trouble knowing you will help her? You create a dependency when you inveigle a person into reposing her trust entirely in you, knowing she's not bright or strong-willed — that's what enabled you to do it. A low-affect personality you've compelled to abdicate responsibility that for all you know she might've been able to handle for what happens in her life. Instead you make all her decisions.

  Amby, this is a dangerous game. Therapists who play it often find themselves wishing they hadn't."

  "I know it," he said. "That's what I've been trying to tell you. I really wish now that the judge and I hadn't taken this thing on.

  Basically what I had on my mind when I told her to come in and see me yesterday was what Sam Paradisio told me. I told you about him, my friend in federal Probation. He called me last week, said he's got information Janet's shacking up with this bank robber — most likely a stone killer, too, 'cept nobody's proved that yet. And his concern in my place would be that this vicious bastard'll decide it's time for Janet to disappear.

  "Sammy thinks he's the type of guy who solves problems that way. When someone complicates his life, homicide is a thing he can do to simplify it. Sammy's afraid his guy'll kill this woman we've been trying to help."

  "Marvelous," Diane said. "Perfectly wonderful. He kills her and then of course there's an investigation, and that's when it comes out that she shouldn't even've been
in the situation where someone could get at her to kill her. When she got in trouble, a year ago, she should've been sent to an institution, a supervised, structured, protected environment. Either getting punished or else getting some help. And that's where she would've been, if the judge and his clerk had enforced the laws. But instead they decided to take the law into their own hands. "Cause they knew better."

  "Well, naturally this worries me," Mernon said.

  "I should think it would," she said. "It would certainly worry me.

  "But I talk to her," Merrion said. "I have a heart-to-heart talk with her, and I tell her to stay away from this guy, have nothing more to do with him, and she assures me she will not. She'll stay away from him."

  "Amby, you're a dear man," Diane said, 'but how is she going to do that? How on earth… if the reason you don't want her seeing this man is that someone who knows him thinks that he might kill her, how do you think your Sad Sack of a woman's going to make him leave her alone?

  Isn't it more likely she'll set him off completely if she tries to do that? Provoke him into doing the very thing that you're afraid he'll do?"

  "I don't think so," he said. "Or at least this morning, down at the station, I didn't think so. From what Sammy told me and you understand this's confidential stuff that he's only telling it to me because he has to, do his job and I need him to, to do mine, so I shouldn't really be telling it to you this's all very hush-hush and so forth."

  "Right," she said. "At least 'til they find the body. But once that happens, I think you'll find it becoming general knowledge fairly quickly."

  "Yeah," he said. "Well, I'm sorry I brought it up. But this squatter-lady last night, Linda Shepard, with her three kids named after movie stars and her dog-ass boyfriend, of course, to go with her and the kids: I had no idea at all what the hell to do with the five of them.

  "So I say to Ev Whalen, I said: "Ev, 've you by any chance got any ideas here, what I can do with these folks? Assuming as I am of course that you don't want to keep 'em here, locked up in the jail overnight and tomorrow until Social Services opens up again Monday? I never run into anything like this before, where I couldn't release somebody when there wasn't any reason why they should be locked up, because they didn't have a place to go when they got out. Something you can do to just get these people under cover for a while, a day or two. You know?" And he just looks at me. Then he says: "No, not really, no.