Posts Tagged ‘legal counsel’

Sunday Clothes, Chapter 29

March 8, 2019

Addie passed the next few days in a buzzing fog of murmured condolences; she passed unseeing and unhearing through the tatters of muted conversations. Most of the time she felt as if she had blundered onto the stage of a play for which she neither knew the lines nor had the script.

She was dimly aware of Louisa, of her concern and care. And of course Beulah Counts fluttered around the edges of her consciousness in a perpetual tizzy of Christian concern. There were many hours when Addie had the sensation of watching herself pretending to be alive.

The children, though, were a different matter. They forced her awareness, demanded her involvement. Some mornings, the crying of little Jake or the nagging and whining of Mary Alice were the only things that could drag her from her bed. infant

A week or so after the arrival of Zeb’s letter, Junior and Dub pulled up in front of the rented house with a wagon and two muscular men. Junior knocked on the door, and when she opened it, he said, “Addie, we’ve come to take you home.”

She fell into his arms and sobbed on his chest. She could speak no words; she could utter only huge, heaving cries of grief and devastation.

Arrangements began to happen all around her: rail tickets bought, the household goods loaded into the wagons and transported to the freight yard for shipping to Chattanooga, Junior and Dub and Louisa loading her and the children into a hired car and driving them to the station.

They moved her, Mary Alice, and Jake into temporary lodgings at Louisa and Dub’s house. When they had been there for perhaps two days, Dan Sutherland came to see her, at Junior’s request.

The graying attorney sat across the kitchen table from her. Louisa sat beside her and Junior stood behind, a hand on Addie’s shoulder.

‘‘Addie, I know this is awful hard for you,” Dan said, “but you’ve got to pull yourself together and think about the legalities of this situation. Your children are depending on you.”

At Dan’s mention of the children, something happened inside her. It was as if she suddenly remembered to start breathing again.

“No one—not even their daddy—can love those babies as much as I do,” she said, staring into Dan Sutherland’s faded blue eyes. ‘‘I’ll do whatever I have to do to make sure they stay with me.”

“I’m glad to hear you say so.”

“Dan, he don’t have a leg to stand on, does he?” Junior said.

“I don’t know. I don’t know what the grounds’ll be. At this point,” he said, looking carefully at Addie, “I don’t even know who’ll sue for the divorce.”

“His letter said Addie should sue him,” Lou said. “Why shouldn’t she do just that? I mean, after all, he just dropped this on her out of the clear, blue sky! Why shouldn’t she sue?”

Dan rubbed his chin. “Well, in the state of Tennessee, it’s pretty hard for a woman who ups and wants out of a marriage to take her children with her.”

“But she doesn’t want out!” Lou said. “Can’t you see that?”

“Of course I see that,” Dan said, “but I’m trying to tell you how the courts’ll see it. They’ll see a man whose wife has sued him for divorce, and if he chose, he could present the case that she was the one who took the first action to end the marriage. That being the case, if he was to decide he wanted to keep the children, I know a lot of judges that would let him do it. Unless of course—”

“What are you thinking?” Junior asked. judge

“Addie, you say this came from nowhere?” Dan said. “You had no warning whatsoever? None?”

Addie pushed herself up from the table and walked away a few paces, hugging herself. She turned back toward them but kept her eyes on the floor. “Things hadn’t been … real good between me and Zeb for awhile.”

“How long?”

“Well … really since about … nine months ago.”

Images flashed through Addie’s mind: Zeb home from Little Rock; the presents he had brought for her and Mary Alice; the fondness they had somehow found for each other during that brief interlude; their passionate embraces in bed … Then, subsequent scenes: Zeb asking her to move to Little Rock; her angry refusals; his silent, brooding hurt …

She forced her eyes to meet Dan’s.

‘‘I’d say it was about then that things began to get worse.”

Dan peered at her a few moments, chewing on a thumbnail.

“Y’all reckon Addie and I could have a minute or two in private?”

When Louisa and Junior had withdrawn to the parlor down the hall, Dan faced her.

‘‘Addie, this is an awful thing to have to ask, but I’ve got to know: did you ever think Zeb might be seeing another woman?”

Addie felt the floor tilt beneath her, then right itself. Another woman! In all the dark confusion and blunt loneliness she had felt, despite her growing dissatisfaction with their marriage, Addie had never suspected Zeb of betraying his wedding vows. Zeb, who had placed such stock in knowing what the Bible said about everything, who had been so insistent that agreement on religious matters precede their marriage—how could it be that Zeb could do something so overt as violating the Seventh Commandment?

“I … I don’t know, Mr. Sutherland. I mean … I never would have thought it of him, but—”

“Let me tell you what I think, Addie. I think the best thing you can do right now, at least until we know a little more, is to refuse to sue for divorce.”

She looked a question at him.

“I think you need to wait and let him sue you. I think you’ll stand a better chance of keeping the children.” mother

“I don’t understand.”

“Addie, for whatever reason, Zeb doesn’t want to be married to you anymore. My feeling is that there’s another woman involved but leave that aside for now. If he wants out bad enough and you won’t sue him, he’ll have to sue you. And to do that, he’s got to give grounds. This day and time, there’s only a few reasons for divorce recognized by the courts of Tennessee: desertion, cruelty—which most men don’t use—deprivation of conjugal rights, and adultery.” Dan paused. ‘‘I’m making the assumption that none of these would apply to you.”

“Certainly not!”

“All right, then. That’s about it. If he sues you, he’s got to prove that one of these fits. And if he can’t prove it, he won’t be granted a divorce. If, on the other hand, my guess about him is correct—”

“But, Mr. Sutherland, how would you ever find out? And if you did, how could you prove in court that—”

“Leave the lawyering to me. And my name’s ‘Dan’ from here on. ‘Mr. Sutherland’ was my dad, and he died three years ago.” He smiled at her and got a faint smile in return. “Now, like I was saying, if my guess is correct, you’ll be granted a divorce, and no court in Tennessee would take your children away from you if he’s involved with someone else.”

“Then … I have no choice but to go through with this?”

He looked at her and sighed.

“No, ma’am, I’m afraid not. Unless, of course, your husband comes to his senses.”

She turned away and looked out the window, once again cradling her elbows in her hands.

“I don’t hold much hope for that, I’m afraid.”

She stared out a window into Louisa’s backyard. Louisa had taken Mary Alice outside, and for a moment Addie watched her daughter bobbing joyously back and forth between her aunt and the pile of toys she had heaped in one of the wrought–iron yard chairs—blissfully ignorant of the shambles her mother’s life had become. child

Addie thought of what her marriage had turned into and realized all she could feel was fatigue. She turned again to Dan Sutherland.

“I’ll do whatever you say, Mr.— I mean, Dan. I’ve spent more time with these babies than he has, by a long shot. They know me—they don’t know him. I mean to do whatever I have to do to keep them.”

“All right.” Dan settled his hat on his head. ‘‘I’ll get to work.”

As Dan walked toward the front door, Junior called him aside into the parlor.

“Dan, Addie’s been left with little or nothing except what we brought back from Nashville. She may not can pay you much for the work you’re doing, but you know I’m good for it, don’t you?”

Dan gave Addie’s oldest brother a direct look.

“Junior, I don’t expect you’ll see a bill from me for this.”

“What do you mean, Dan?”

“Way I see it, your little sister’s had a dang poor run of luck with the men in her life. Meaning no disrespect, but the day your daddy came to my office, I shoulda drubbed him on the head before I let him go down the street and write her out of the will. I guess this is something I can do to ease my mind on that score.”

Junior stared at the lawyer for several seconds.

“Dan, I sure appreciate this.”

“Don’t worry. I might let you buy me a train ticket or two along the way.”

*******

And so it was that on a brilliant afternoon in October, Dan Sutherland received at his office a telegram from Little Rock, Arkansas. He had had to take certain actions that he personally found distasteful, but he had steeled himself to it by thinking of Jacob Caswell’s daughter, abandoned first by her father and then by her husband. Sutherland knew a man in Little Rock who had a knack for acquiring information and an associated talent for making few ripples. He tore open the Western Union envelope and withdrew the wire.

 

LITTLE ROCK OCTOBER 10 1903

DAN SUTHERLAND, ATTORNEY

TALKED TO SECY STOP YOURE ON RIGHT TRACK

STOP MORE LATER STOP SEND USUAL AMT STOP

PURVIS

 

Dan leaned back in his chair. Purvis would keep digging until he either hit rock or the hole was plenty deep. He withdrew a bank book from a desk drawer and began penning a draft payable to A. Purvis, “for services rendered.” He guessed it would probably be only the first of several such payments.

*******

George Hutto walked through the rickety, abandoned warehouse, his footsteps echoing from the wide, knotty pine plank floor up into the dark spaces under the roof. The rafters were festooned with the untidy nests of sparrows and speckled, like the floor below, with black–and–white droppings. George stood in the middle of the floor, his hands in his pockets. He turned slowly through a full circle, his eyes roving everywhere through the big, empty structure. It would need a good deal of fixing up. The roof hadn’t been patched in a few years, and the floor planking was buckled and water–stained in several places. They’d have to clean out all the birds’ nests and haul off the three or four bales of moldering cotton hulking in the northwest corner. There’d be a good deal of carpentry too; there were numerous gaps between the wall slats and underneath the eaves, which explained the sparrow and swallow nests. Paint would be needed, and more lighting. They’d have to cut some good–sized windows. They’d have to heat the place, somehow. Then there was all the equipment they would need. And at some point he’d have to begin recruiting volunteers to teach classes and lead calisthenics and … warehouse

In his mind, George stepped away from the immediate tasks and allowed himself to peer past them. He thought about boys chanting in unison as they performed exercise drills, boys eating hot meals, boys huddled around men with open Bibles or literature books. George tried to imagine the building’s appearance, its sounds, once he had succeeded in filling it with his vision. For just a minute or two he let himself savor the fulfillment of the mission. He needed to memorize the shape and taste of his future satisfaction to get ready for the plain old hard work it would take to make it real.

But even in the midst of calculating the difficulties, George’s dream allowed him to feel reckless and capable; this idea of his was a good thing. He was coming to relish the sensation of inner certainty. Besides, other cities had had good success with the Young Men’s Christian Association; why wouldn’t it work in Chattanooga?

*******

This post is a chapter from the novel Sunday Clothes, by Thom Lemmons. Sunday Clothes will soon be available for purchase as an e-book at www.homingpigeonpublishing.com

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So Fair and Bright (a weblog) by Thom Lemmons is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.