Five Stories in One-- The five Senses-- Sound

Five Stories in One

The five Senses

Sound

fiction
edward w pritchard

A writer in a story might say her dead client was calling out to her from beyond the grave.

Attorney Kate Johnson was pragmatic however, and knew her subconscious mind was trying to tell her something important. She had just heard the long faint whistle of the 2:00 train crossing the bridge way away down the Ohio River at Wheeling West Virginia and several critical fully developed thoughts burst and flashed into her consciousness simultaneously. The sound of the whistle was gone before she heard it and in fear she would lose the glean from her subconscious mind she broke one of her cardinal rules and wrote notes on the first page of her trail preparation summary that she always kept in front of her as opposing counsel spoke, as he now was.

Attorney Johnson put a few XXX's after a few of the key names on the summary that her subconscious had enlightened her too, and wrote a few notes to remind her of her inspiration, less she lose the thought because she was involved now in a seven day wrongful death trial of Sharon Lancer and was listening and watching intently as learned opposing lead counsel from State Capital in Columbus attempted to skillfully unravel the chief contention of her case.

For the convenience of the reader the additions to her original notes will be in caps and of course the XXX names will be self explanatory:

Judge Myers Evans- presiding Judge--HIS WIFE-DECEASED-KARLA-PIANO,SUNDAY SCHOOL
opposing local counsel Jerry Evans[ XXX]NOT HERE NEW HOUSE XX
Out of town Counsel -- lead # 1 [handsome] gray suit
out of town counsel minions 2&3
My client Sharon Lancer-deceased[XXX]-PIANO FUR ELISE
My client - her husband Billie Lancer-LONELY LIKE JUDGE
SIGHT VS. HEARING

Several thoughts had burst full bloom into Attorney Kate Johnson's mind based on the sound to her ear of that whistle.

Mrs. Evans, Karla to her husband, the Judge on the bench today had taught Kate and her deceased client in Sunday School and like good Welsh girls in this town, Mrs. Evans had taught both girls piano lessons in this very auditorium. Kate remembered when she heard the train whistle Mrs. Evans teaching them about Joshua's trumpet. How sound radiated and could go through walls and buildings and how scientists should be open minded about whether a sound could knock down a wall. Both her client Sharon Lancer and herself had taken piano from Mrs. Evans and both had done the same recital piece, fur Elise. Mrs. Evans had another time told the nine years old girls the difference between getting a man's attention versus convincing them of something. Kate glanced up at Judge Evans on the bench without his glasses and she knew her subconscious mind had steered her right. Mrs. Evans was small, diminutive and pretty in an old fashion way and said if a woman wanted to get a man's attention to use his sense of sight, wear a red dress[ the little girls giggled Kate remembered]. To convince a man, however, and Karla Evans had used her Husband Myers Evans as an example, a woman used words and his ears. Mrs. Evans said she had to talk to Myers, sing to him and she said after supper she used to play Piano for him.

Attorney Johnson's mind was thinking very fast and she knew she would have to modify her strategy in this trial if she was to win. She was the only Attorney in the courtroom today who knew about how to best convince Judge Evans. Local Counsel Jerry Evans had not come back from lunch. Jerry was on the case because the out of town law firm from the State Capital at Columbus, Ohio was afraid of a jury trial in a small town, in a wrongful death case where everyone on the jury would had known the dead young woman. Kate hadn't objected to no jury trial however, she was fine with trying the case to Judge Evans, nor had she objected to the fact That Judge Myers Evans and Attorney Jerry Evans were distantly related. Both were impeccably honorable and Kate trusted them both.

Jerry had not returned to the courtroom after lunch because he and his wife were moving into a new house this weekend and because of Jerry's chatty curvy wife Tia Kate knew that. Tia had told Attorney Johnson at the local WalMart while shopping, exactly how much they paid for the house, how much they put down on the house that Tia's brother the contractor was building for them, how much Jerry's fee was on this case, and most importantly how much the Chicago Insurance companies reserve was on this case. Of course she hadn't told her explicitly but when Kate heard the train whistle a few minutes ago her subconscious had presented the jumble of facts together fully grown like a tomato that went from a bud to a lush ripe fruit in one afternoon. Tia said they put 20,000 down on the house. Maximum fees from Insurance companies for local counsel was 2% of reserve, 20,000 is 2% of one million, the reserve on this case was was one million. THAT WAS IMPORTANT. The new house cost $200,000, quite a house down here and Tia wanted Jerry's school rival to know that. Jerry wasn't in court because although a very hard worker and diligent and honest, he had maxed out his fees on this case and had taken an extra few hours off to move into the new
house. Since Tia had moved down here to the river from Youngstown, Jerry couldn't keep his hands off her and couldn't say no to her. Jerry wouldn't be in the courtroom today and only he of defense counsel would immediately become suspicious when Kate began to change her courtroom strategy in a few minutes.

When Jerry Evans was 10 years and Attorney Johnson was 11 they had battled to see who would be the South Eastern Ohio district Spelling bee winner. Jerry had won, but in this auditorium he had accused Kate of trying to psyche him out, by singing, and called her a four flusher in front of the entire class . Jerry's Mom, Donna Evans was quite upset by that remark. Donna Evans family was from Wales and some family members still spoke the old language and although four flusher is an American expression, it has a connotation in the old language that is no thing to call a lady. Mrs. Evans made Jerry while at the regional meet in Canton, Ohio, go to the Belden Mall and spend his own money to buy Kate a pen and pencil set as an apology and a consolation prize.

If Jerry Evans were on the defense bench today Kate would be unable to do what she had to do to win this trial because Jerry had always been suspicious of Attorney Kate Johnson since that spelling bee.

Kate's client Billie Lanser had lost his wife four years ago in a auto accident out on highway 11.[ See THE FIVE SENSES- SIGHT- BY SAME AUTHOR FOR HOW SHARON LANCER DIED] He was sitting next to Kate now and had been for the last seven days of trial. Monday Billie had to get back to his job at the Mill because he had used up all of his vacation time. Kate had to finish this trial today.

Learned counsel from Columbus, was a very good trial lawyer, very capable and the power point presentation he was in the middle of at 2:19 PM this Friday afternoon was by degree and piece by piece taking apart the central contention of Kate's case. He was effective, prepared, and Kate thought a little boring as he used colored graphs, charts and statistics on the overhead to prove that the average response time by Ohio Snow removal crews in Ohio's 88 counties, was within tolerance range of what his client, the sub-contracted snow removal crew for the County here had delivered the day Attorney Kate Johnson's client Sharon Lancer had died. Unfortunately for learned defense counsel from Columbus, he was using the wrong sense to convince Judge Evans on the bench. The Judge did not have his glasses on and was not absorbing the presentation.

When defense paused Kate rose and asked to approach. Judge Evans looked up from studying his left hand and said of course Miss Johnson, surprised to hear anyone was still in the courtroom besides the long talking lawyer from Columbus.

Kate agreed at bench to stipulate that response time was within normal tolerance based on the evidence presented in the last hour in a half if defense would rest and she could finish her summation today. Defense counsel was very proud of himself, he had worked hard at his charts, knew he should be in a bigger venue than this out of the way courtroom and agreed and rested after Kate stipulated for the record. Since Jerry Evans wasn't here Kate's plan was working.

Kate began summation by making a verbal motion to change her 25 million dollar damage demand. Counsel from Columbus, objected she couldn't raise it now. She said she only wanted to lower it to one million.
Defense Counsel was very pleased he had limited his client the Chicago Insurance companies exposure by 24 million even before the case went to the Judge. Defense counsel agreed. Kate knew the case wouldn't be appealed if she won today. They were dealing in real dollars from here on. Judge Evans asked her if she would like a break before continuing.

Kate walked to the old piano in the rear of the courtroom and said she could finish her summation in five minutes if she was allowed to play one of her clients favorite songs. Judge Evans seemed a little confused but looked to defense counsel- "Well- "anything to move the case along your honor" defense counsel said.

Kate sat down at the old piano and played Fur Elise by Beethoven hers and her clients Sharon Lancer's old recital piece and one of the songs the Judge's wife Karla Evans had always played after supper for her husband Myers. Kate had never played as well as Sharon her client and certainly not as well as local defense counsel Jerry Evans but it was an effective strategy to focus the courtroom's attention on her dead client who was gone now these four years it had taken to get the case to trial.

When she finished she stood up and said my client Billie Lancer will never hear his wife Sharon play that piece again. She rested her case.

The men down here are descended from Welsh coal miners and neither Billie Lancer or Judge Evans showed much emotion. The Judge thanked her for playing and told defense counsel to proceed.

Defense counsel spent only two hours in summation and the case finished at 4:48 PM. The Judge promised a decision and verdict at 8:45 AM Monday. The Judge said he would study the case over the weekend. Since local counsel Jerry Evans was not here today only Attorney Kate Johnson knew that Judge Myers Evans would be home alone in the big house on High Street all weekend.

Monday the bailiff told the attorneys the verdict was in. Jerry Evans was back, the move into the new house was done and he was ready to get back to work to pay for the furniture his wife Tia wanted to buy. Jerry shook hands with Attorney Kate Johnson and wished her luck today. He said " I hear you still play piano" and they both smiled.

Judge Evans looking old and tired entered the courtroom and thanked all five counsel for their patience for having the case in this old school auditorium while the new courtroom was being repaired following the fire last month.

Judge Evans looked at Billie Lancer and then award him one million dollars.

Jerry Evans first thought was how had Attorney Kate Johnson figured out the reserve? How did she know to lower her demand to an amount that wouldn't be appealed by the insurance company.

Billie Lancer bought the school and the church a new grand piano after that verdict. He still works at the Mill, but about a year ago became part owner one Friday by investing 100,000 to help meet payroll and expenses. The old mill is struggling and Billie's attorney Kate Johnson advised him against the investment but he did it away.

Attorney Jerry Evans is still in the new house and his daughter Martha 8, is quite the talent at the piano. There is talk that she might be good enough at piano to go up to Case Western Reserve in Cleveland Ohio to play at a competition next year. Her Father Jerry, drives her to lesson in Pittsburgh, Pa because no-one locally is good enough to teach her anymore.

Old Judge Myers Evans is retired and still lives alone over on high street.

Attorney Kate Johnson is now Judge Johnson and is still married to Ivor who works at the newspaper in East Liverpool but the paper is struggling. They have two children Rex and Jessie. Kate relaxes by shopping at the WalMart in Carlyle, Ohio.

The train along the Ohio River crosses the Ohio River in Wheeling West Virginia and at Point Pleasant, WV.
Sometimes you can hear the whistle from the train all the way over to East Liverpool as the sound radiates along the Ohio River, through trees, mountains, buildings into the downtown. Sometimes the train whistle sounds like a trumpet, and sometimes it sounds like the low notes on the bottom of the 88 keys on a piano, and sometimes it sounds harsh, like a little boy calling a little girl a four flusher in anger. The sound of the train whistle is gone before you hear it and the train is way over in West Virginia before the sound registers in your brain. The sound of the train whistle is the past calling to today.