And she kept every letter. In a closet in the front bedroom, she showed me a stack of cardboard boxes, all filled with hundreds of letters from her children.
"I'll let you read them sometime," she said, but for some reason I didn't believe her. Nor did I want to read them. They would be far too personal.
Chapter 13
Ernie Gaddis, the District Attorney, filed a motion to enlarge the jury pool. According to Baggy, who was becoming more of an expert each day, in the typical criminal trial the Circuit Court clerk summoned about forty people for jury duty. About thirty-five would show up and at least five of those would be too old or too sick to be qualified. Gaddis argued in his motion that the increased notoriety of the Kassellaw murder would make it more difficult to find impartial jurors. He asked the Court to summon at least a hundred prospective jurors.
What he didn't say in writing, but what everybody knew, was that the Padgitts would have a harder time intimidating one hundred than forty. Lucien Wilbanks objected strenuously and demanded a hearing. Judge Loopus said one was not necessary and ordered a larger jury pool. He also took the unusual step of sealing the list of prospective jurors. Baggy and his drinking buddies, and everyone else around the courthouse, were shocked by this. It had never been done. The lawyers and litigants always got a complete list of the jury pool two weeks before trial.
The order was generally viewed as a major setback to the Padgitts. If they didn't know who was in the pool, then how could they bribe or frighten them?
Gaddis then asked the Court to have the jury summons mailed, not personally served by the Sheriff's office. Loopus liked this idea too. Evidently he was well aware of the cozy relationship between the Padgitts and our Sheriff. Not surprisingly, Lucien Wilbanks screamed over this plan. In his rather frantic responses he made the point that Judge Loopus was treating his client differently and unfairly. Reading his filings, I was amazed at how he could rant so clearly for so many pages.
It was becoming obvious that Judge Loopus was determined to preside over a secure and unbiased trial. He had been the District Attorney back in the 1950s before ascending to the bench, and he was known for his pro-prosecution leanings. He certainly appeared to have little concern for the Padgitts and their legacy of corruption. Plus, on paper (and certainly in my paper), the case against Danny Padgitt appeared to be airtight.
On Monday, June 15, amid great secrecy, the Circuit Court clerk mailed a hundred summonses for jury duty to registered voters all over Ford County. One arrived in the rather busy mailbox of Miss Callie Ruffin, and when I arrived for lunch on Thursday she showed it to me.
* * *
In 1970, Ford County was 26 percent black, 74 percent white, with no fractions for others or those who weren't certain. Six years after the tumultuous summer of 1964 and its massive push to register blacks, and five years after the Voting Rights Act of 1965, few bothered to sign up in Ford County. In the statewide elections of 1967, almost 70 percent of the eligible whites in the county had voted, while only 12 percent of the blacks did so. Registration drives in Lowtown were met with general indifference. One reason was that the county was so white that no black could ever be elected to a local office. So why bother?
Another reason was the historical abuse at the point of enrolling. For a hundred years whites had used a variety of tricks to deny blacks proper registration. Poll taxes, literacy exams, the list was long and miserable.
Yet another reason was the hesitancy by most blacks to be registered in any manner by white authorities. Registration could mean more taxes, more supervision, more surveillance, more intrusions. Registration could mean serving on juries.
According to Harry Rex, who was a slightly more reliable courthouse source than Baggy, there had never been a black juror in Ford County. Since potential jurors were selected from the voter registration rolls and nowhere else, few showed up in a jury pool. Those who survived the early rounds of questioning were routinely excused before the final twelve were empaneled. In criminal cases, the prosecution routinely challenged blacks under the belief that they would be too sympathetic to the accused. In civil cases, the defense challenged them because they were feared as too liberal with the money of others.
However, these theories had never been tested in Ford County.
* * *
Callie and Esau Ruffin registered to vote in 1951. Together, they marched into the office of the Circuit Court clerk and asked to be added to the voter rolls. The deputy clerk, as she was trained to do, handed them a laminated card with the words "Declaration of Independence" across the top. The text was written in German.
The clerk, assuming that Mr. and Mrs. Ruffin were as illiterate as most blacks in Ford County, said, "Can you read this?"
"This is not English," Callie said. "It's German."
"Can you read it?" the clerk asked, realizing that she might have her hands full with this couple.
"I can read as much of it as you can," Callie said politely.
The clerk withdrew the card and handed over another. "Can you read this?" she asked.
"I can," Callie said. "It's the Bill of Rights."
"What does number eight say?"
Callie read it slowly, then said, "The Eighth Amendment prohibits excessive fines and cruel punishments."
At about this time, depending on whose version was being described, Esau leaned in and said, "We are property owners." He placed the deed to their home on the counter and the deputy clerk examined it. Property ownership was not a prerequisite to voting, but it was a huge asset if you were black. Not knowing what else to do, she said, "Fair enough. The poll tax will be two dollars each." Esau handed over the money, and with that they joined the voter rolls with thirty-one other blacks, none of whom were women.
They never missed an election. Miss Callie had always worried because so few of her friends bothered to register and vote, but she was too busy raising eight children to do much about it. Ford County was spared the racial unrest that was common throughout most of the state, so there was never an organized drive to register blacks.
* * *
At first I couldn't tell if she was anxious or excited. I'm not sure she knew either. The first black female voter might now become the first black juror. She had never backed away from a challenge, but she had grave moral concerns about judging another person. " 'Judge not, that ye be not judged,'" she said more than once, quoting Jesus.
"But if everyone followed that verse of Scripture, our entire judicial system would fail, wouldn't it?" I asked.
"I don't know," she said, gazing away. I had never seen Miss Callie so preoccupied.
We were eating fried chicken with mashed potatoes and gravy. Esau had not made it home for lunch.
"How can I judge a man I know to be guilty?" she asked.
"First, you listen to the evidence," I said. "You have an open mind. It won't be difficult."
"But you know he killed her. You all but said so in your paper." Her brutal honesty hit hard every time.
"We just reported the facts, Miss Callie. If the facts make him look guilty, then so be it."
The gaps of silence were long and many that day. She was deep in thought and ate little.
"What about the death penalty?" she asked. "Will they want to put that boy in the gas chamber?"
"Yes ma'am. It's a capital murder case."
"Who decides whether he is put to death?"
"The jury."
"Oh my."