A change of gravity

by George V. Higgins

  "Sanderson met his pals in the Procurement branch while Hilliard was still in office," Bissell said wearily. "He bought what he needed while the store was open. By the time Hilliard left the legislature, Sanderson was entrenched. Hilliard did such a great job he doesn't need him anymore.

  "His company isn't even in the district Hilliard represented. Sanderson never lived in it but he became a heavy Hilliard backer about thirty years ago. His friend Carl Kuiper told him it could be profitable. He introduced them. Kuiper discovered very early there was money to be made by people on good terms with Dan Hilliard. Before he retired and sold his electrical contracting company to GE, it was the largest such company privately owned in western Massachusetts, due in no small part to its robust relationship with the state Department of Procurement and Services.

  "Same pattern. Kuiper didn't live in Hilliard's district. His business wasn't in it either. But he jumped on the Hilliard bandwagon right at the beginning, back in Nineteen-sixty-two, when Hilliard was making his big move from Holyoke alderman to state representative. Five thousand a cycle, regular as clockwork, 'til the limits took effect.

  Then he went to the nominee-dodge too; his wife and his two kids suddenly developed an interest in state politics they'd never shown before: the new program was two thousand from him; a thousand from his wife; and a thousand more each from each of his kids including his daughter, nurturing her deep interest in the Massachusetts legislature from her home in Santa Barbara.

  "Since those five-grand-a-cycle donations began, our figures show Kuiper's company's raked in over nineteen million dollars' worth of state contracts. "And before that?" you ask." He snickered. "Before that Kuiper Electric, in business for almost ten years, had had one state contract: Eleven thousand dollars' worth of repairs to lighting systems in the barns at the Berkshire County Agricultural Society Fairgrounds and racetrack out in Hancock.

  "Those're illustrations," Bissell said. "I'm not going to show all the files to you, uncover our whole hand at this point in the game. But I can assure you that we've got a dozen more just like them. If you compare the list of Hilliard's major contributors to the list of individuals and companies that got fat while he was in office, what you see is a virtual template of political corruption; rampant corruption, corruption abounding. If you gave generously to Hilliard's campaigns, your gifts returned to you not a hundred- but a thousand-fold, at a minimum, in the form of fat state contracts. It's a textbook case of political chicanery and larceny. I know Mister Merrion's Dan Hilliard's close friend and associate, and he wont like hearing me say this, but Dan Hilliard is a common crook."

  Merrion inhaled audibly, so that his chest visibly expanded, and he gripped the arms of his chair hard, so that his knuckles whitened.

  Cohen grabbed Merrion's right forearm with his left hand and said:

  "Your Honor, I know you want to move along as rapidly as possible, without a lot of bickering, but could I be heard? This's hard to take in silence."

  "Go ahead, Geoff," the judge said.

  "In the first place," Cohen said, "I represent Amby Merrion not Dan Hilliard. Bob Pooler represents Dan. So, when I respond to these attacks, I'm at a disadvantage I assume Bob would not be. But I'm sure Bob'd include among the pieces of his far-better argument the reminder that the period of the Seventies and Eighties covered by' he deepened his voice 'this rolling program' he resumed his normal baritone 'were decades of unprecedented prosperity, not just in western Massachusetts but across the entire country. And decades as well of galloping inflation that brought us to the point we're now at, where what was worth a buck when Hilliard first began to run now costs at least three.

  "And in the second place, if Dan Hilliard hadn't been attentive to the best interests of the whole region; if instead he'd worked solely within the narrow confines of his own legislative district, he never could've forged the alliances he needed to rise to chairman of Ways and Means, and the influence to channel those state contracts out here.

  "The businessmen and manufacturers who supported him all those years weren't acting purely selfishly. Sure, they were in it for themselves, and many of them prospered. But so did their hundreds of employees.

  And therefore so did the merchants and builders, and lawyers, and all the other people who serve our communities. Property values increased, and therefore so did tax revenues. We all depend upon a healthy industrial economy as the foundation of our prosperity.

  "Today if we don't have that, we're a heck of a lot closer to having it than we were when Dan Hilliard first ran for office. Those contracts Mister Bissell now finds so sinister were important building blocks, vital to this region. Coming from the eastern part of the state Gloucester, did you tell me, we were chatting outside there?"

  Bissell nodded. Cohen continued. "Yeah, I thought so; growing up there the coastline as he did, Mister Bissell wouldn't know this, but until that state work began coming inland, out here, what we had was a predominantly agricultural economy. Our industries, the mills and factories, had first declined, then folded up. The economy was in sad shape. We were in the doldrums. Young people were leaving; they had no choice. Either they went into farming, like it or not, assuming they could find farming jobs, or else they moved away.

  Those state contracts meant they didn't have to; they could stay. Some who had left came back, renewed family connections, once there was work for them here. Those contracts were tickets of admission to a new world of light-manufacturing and skilled blue-collar work, and the new incomes that came with it. A better life for all of us.

  "I sound like a candidate myself now. If that record were mine, I might very well be. By rights I ought to do well. A politician with that history to present, I'd deserve to be re-elected by a landslide.

  But that record isn't mine to brag about. It belongs to Danny Hilliard. It's a good one, a wonderful record of accomplishment. Keep in mind that this is coming from the man Dan Hilliard's ex-wife hired to hammer him with everything he could lay his hands on, and we did that. But never once did we attack his fine record in office. No one who knows him ever has. The people who backed his campaigns invested their money wisely and well. Are they and he therefore now to be denounced for what they accomplished, and held up to scorn and disgrace?"

  Bissell snorted. Merrion glared at him. Cohen and the judge ignored both of them. "In the third place," Cohen said, 'and perhaps the one that should most concern this court, Dan Hilliard last stood for office in Nineteen-eighty' two We all know why he didn't seek a twelfth term; as I say, I represented his wife: revelations of his untidy personal life turned many of his constituents against him. It was a very messy and unpleasant time for everyone concerned, but that untidy private life, as scandalous as it may've been, was not against federal law.

  "The US Attorney now proposes in effect to rewrite history, to impose a new and deeply cynical interpretation on the solid common cause Dan Hilliard made with his constituents, and the people who supported his campaigns. Mister Bissell and his bosses in their wisdom now decree that what we saw as a marvelous alliance bringing great and greatly needed benefits to the Pioneer Valley, we were deluded, just plain wrong. They say it was a corrupt bargain.

  "The idea's preposterous on its face, but grant it, arguendo: Dan Hilliard last sought elective office well over ten years ago. The state Statute of Limitations is six years. The federal one is five.

  Except for murder or treason, of course neither of which I've heard my learned friend here mention, at least as yet. So: why in the world is the federal watchdog prowling around out here with his Operation Rolling Blunder, snarling and snapping at Danny Hilliard, and the people who backed him for the office he filled so well?

  "If it weren't so scary in terms of the damage he can do with it, you'd think Mister Bissell's mission was a new mega-death computer game for kids; thrills and chills and sound-effects, flashing lights and puffs of smoke, but in the real world, harmless. Too bad it isn't. This game's for much higher stakes; he's playing with real pe
ople's lives.

  Is the US Attorney really spending all this money; wasting all this manpower; muddying spotless reputations helter-skelter; causing all this anguish when even if he could prove the acts were corrupt he couldn't prosecute them? Is that what this is, an exercise here? If it is, this's not law enforcement; this is abuse of authority, power run amok. If not, then what else is it?"

  "Good question, Geoff," the judge said. "Ball's in your court now, Mister Bissell."

  "Thank you, your Honor," he said. "Mister Cohen took umbrage at my description of this project before I finished outlining it. Of course we're quite aware that limitations have expired for prosecution of many if not most of the substantive offenses we believe to've been committed by Mister Hilliard and his co-conspirators chief among them Mister Merrion, which's why we've immunized him over the course of the years.

  But I would point out to the court, and to Mister Cohen as well, that when we can prove that further acts, within the statute, have been committed in the course of that same, ongoing, conspiracy that underlay the earlier substantive acts; and that those more recent acts were also committed in furtherance of the purpose for which the conspiracy was formed; then by law we are permitted to claim relation back to the earlier offenses, and prove them, as part of the underlying, continuing scheme. Its fruition.

  "In outline what we see here, your Honor, is a convoluted tripartite conspiracy, one branch still thriving, still returning excellent profits.

  "The overall conspiracy," Bissell said, making an arch with his hands over the table, 'involved the campaign contributions. We see that one as the umbrella. It provided the shelter under which at least two more schemes could grow. The fund-raising, state-contract quid-pro-quo scheme's now functionally defunct; there's no further need for it. It's done the job Hilliard and Merrion designed it to do get Hilliard elected to office; gain access to and influence over the state contracting process; and in return get kickbacks disguised as campaign contributions. Dan Hilliard's retired; the contracts continue; those two set-ups, no longer needed, were allowed to atrophy.

  "That's not the case with the other plot under the big umbrella. It survives and we can prove it.

  "The first thing Hilliard and Merrion did was to create an organization that would work out of Holyoke in tandem with the voting machine that the Carnes brothers, Roy and Arthur, had put into place for themselves right after World War Two. A few years later they were joined by Roy's son, Roy Junior.

  "The Carneses were very methodical. Arthur had come back from the war a wounded veteran and a hero. He had capitalized on that, parlayed the admiration and the sympathy he got into his political career. So Arthur was in charge of getting power. Meanwhile, Roy Senior was doing the day-to-day work of establishing and expanding the family's local real estate empire. Roy was in charge of getting wealth. In time Roy Junior, "Little Roy" or "Young Roy," came along to inherit the aldermanic seat vacated by Arthur when he ran for the House. Then he took Arthur's House seat when Arthur moved up to the Senate. Ultimately he succeeded to his uncle's Senate seat, after Arthur's death, and to much of the wealth his father had accumulated as well. Not exactly what Arthur and Roy had in mind, but still and all, pretty close.

  "Their plan'd been that Little Roy would take the Senate seat when Arthur retired to the judgeship the two of them'd created for him, when they carved out the new Canterbury District during the late Fifties.

  But Arthur died, disrupting their plans. Big Roy wasn't interested in the judgeship. He was too busy making lots of money running the real estate business. Little Roy had further political ambitions; it was too early for him to retire. Charles Spring, a close Carnes family friend, therefore became the first presiding judge.

  "The Hilliard-Merrion scheme was conceived as a sort of a Carnes satellite. By necessity it was somewhat less ambitious; Hilliard had no war-wound to display and Merrion had no family cash to work with, but they had some impressive plans. The first was to get Hilliard elected to the board of aldermen. Roy Junior was the only second-generation Carnes with the political bug. If Hilliard could displace the lacklustre boob who'd won Roy's seat on the board of aldermen, he'd be positioned to go after Roy's seat in the House when Roy moved up to Arthur's Senate seat.

  "In effect what he and Merrion proposed to the Carneses was that since they were temporarily fresh-out of political horses, Hilliard would serve as a surrogate Carnes. He'd hold down jobs they wanted to relinquish but still control, but lacked homebred manpower to fill.

  He'd exercise the authority the jobs carried in consultation with Roy and Arthur; they in turn would back him. He even agreed to let them control his financing, in exchange for help in getting it, which in real terms meant they would control not only the power, but him.

  "That sounded good to the Carneses. In Nineteen-sixty, with under-the-table help from them, Hilliard and Merrion pulled off their first victory. The Carneses were taking no chances; until Hilliard proved he could actually win, he was their clandestine candidate. That way if he lost they'd be free to dump him and look for a more popular stooge."

  "Your Honor," Cohen said.

  The judge put up her left hand. "I know, Geoff, I know. If you ever get this case before a jury, Arnie, you can say stuff like that in your closing argument. Until such time as that occurs, restrain yourself."

  Bissell nodded. "Stand corrected, your Honor," he said, his expression showing no contrition. "The second objective was to exploit the leverage and visibility of the aldermanic seat to attract the contributions Hilliard would need to run for state rep, without stepping on any Carnes toes. That he and Merrion accomplished by courting the small businessmen and manufacturers who lived in the general vicinity and ran their businesses around the Carnes turf. On the perimeter. They did very well at this, so well that one or two years after his first House election, Hilliard commanded enough campaign funds to begin "helping out" candidates from other districts who either didn't like to raise money all the time, the way he did, or didn't get the kind of results he got, because they weren't as slick."

  Merrion came forward in his chair. Cohen grabbed his arm again. The judge shook her head and sighed. "Arnie, I just cautioned you about provocative language, and now here you go and do it again. Keep in mind that you're in here because you want me to do something Mister Cohen opposes. Goading him and his client is not the best way to persuade me to do it."

  Bissell nodded, his face showing resignation based upon dour foresight.

  "That Lord Bountiful ability he had to bestow gifts upon less-affluent reps made Mister Hilliard a popular and respected House figure, far more so than his age or years of service ever would've suggested. Give the devil his due as well: Dapper Dan Hilliard's a likable man. Women, especially, like him," Judge Foote's face remained impassive, 'which as we know finally got him in trouble, but his charm worked on his male colleagues as well.

  "The combination was a potent one. Even as a lowly two-term rep he had considerably more power on the Judicidary and the Ways and Means Committees than many five-and six-termers. He wasn't above using it for private purposes, either. When he and his wife decided she could no longer care for their severely retarded daughter at home, Hilliard threw his weight around to jump the queue and get her into the Walter J. Fernald School ahead of some thirty other children whose parents had been waiting as much as sixteen months to get their children in. He may be playing the gracious academic these days, but his arrogance then knew no bounds."

  When he paused for breath the room was absolutely still.

  Elizabeth Gibson, her fingers poised over the stenotype machine, stared at Bissell with her mouth open. Merrion and Cohen stared. Sandy Robey gaped. Judge Foote inhaled deeply but made no other sound.

  Bissell seemed puzzled by the reaction. He frowned, but he was sufficiently unsure of himself so that he did not break the silence. At last Merrion, this time unrestrained by Cohen, said in a strangled low voice: "Donna Hilliard died in that hospital almost twenty years ago.<
br />
  She was fourteen years old. She'd never said a word, or laughed. She'd never recognized her mother or her father; never fought with her brother and sister. She'd never played with other children; never had an ice cream cone. She'd never been to school. No one ever heard her laugh. No one ever saw her cry."

  Gibson straightened up and typed into the machine what Merrion had just said. Cohen and the judge stirred, blinking. The judge cleared her throat. "Yes," she said, dragging it out and exhaling. She shook her head and blinked. She shook her head again. "I certainly have to hand it to you, Mister Bissell," she said, 'you're quite a piece of work.

  Try to get on with what you were telling us. See if we can get out of here before you're challenged to a duel."

  "All I was trying to say," Bissell said, appearing not to understand any of the reactions, 'is that political power is cumulative, iterative, in anybody's hands. The more Hilliard had of it, the more he found he could get. Because he had that kind of clout, he could make himself extremely useful to Roy Junior, pushing or retarding Senate bills on the House side. Roy in turn was only too pleased to reciprocate, guiding Hilliard's pet measures through the upper body.

  That improved Hilliard's image on the House side, enabling him to do more for Carnes in the lower body.

  "The result was that after a while there was a sort of merger of the Carnes and Hilliard interests. Now it was time for Hilliard and Merrion, in partnership with the Carneses, of course, to start lining their pockets, too. This was the second leg of their conspiratorial stool. Their ultimate goal was to obtain a high-paying lifetime sinecure for each of them in the public sector. Merrion's they wanted fairly soon; Hilliard would put off locating a cushy billet until he got tired of active politics, lost, or decided that he'd gone as far as he could go. But that didn't mean they were ruling out any good opportunities to steal that might crop up along the way to full employment.

  "We're not clear whether Hilliard and Merrion expected to find their biggest bonanza in the Canterbury courthouse when Hilliard muscled through Merrion's appointment as third assistant clerk of court in Nineteen-sixty-six. What we do know is that events demonstrated that a bonanza did in fact exist: the Fourmen's Realty Trust. The Carneses, certainly never intending to divulge its existence to Hilliard or Merrion, much less share it with them, had been instrumental in its corrupt creation. But Mister Merrion, resourceful fellow that he is, found it. Six years later, he grabbed hold of a piece of it. From that point on, no matter what else came through or fell through, the Hilliard-Merrion partnership was a success.