The Man

Mrs. Hurley did not move or speak, but Leroy Poole, his round forehead perspiring, jumped up indignantly. “That Kemmler-that lousy rotten racist-”

Dilman ignored the writer and resumed addressing Mrs. Hurley. “Of course, as President I have the right to disapprove the Attorney General’s recommendation, override it, return the papers with instructions that they be revised according to my wishes. This rejection of a Justice Department recommendation is the exception to the rule. It has been exercised by Presidents in the past, but in very, very rare instances.”

“Well, thank God, thank God you got that right to do justice,” Poole cried out, and sat down, anxious thyroid eyes fixed on the President’s mouth.

Dilman appeared to gather his strength.

“Mrs. Hurley, I was once an attorney myself, and as an attorney, and now the last judge in this case, responsible for the ultimate decision that must be made on the life of your son, I must tell you honestly-I cannot-I cannot, with any pretense at honesty, countermand the recommendation of the Attorney General. There is nothing here, none of Leroy’s so-called new findings, that convinces me that the decision of the Federal court was wrong, the Department of Justice was wrong, and that your son should not be punished, as he is to be punished, according to the law of the nation and not according to my personal beliefs, for kidnaping and for murder. Mrs. Hurley, it grieves me, but I must reject this appeal to commute the death sentence. I am sorry. I hope that- eventually, if not now-you will understand.”

Leroy Poole fell back into the sofa, covering his face with his hands. His anguish was too overwhelming for an immediate protest or contention. It was as if he had been axed, split from head to toe, by a black brother whom in his desperation he had decided to trust.

To his surprise, he heard Gladys Hurley speak, and her voice was low and composed.

“Mr. President,” she said, “when they stuff my boy into that gas chamber, they’re doin’ to him like the Nazis once did to the Jews-they’re punishin’ him and killin’ him off for what he is, an’ not what he did.”

“Mrs. Hurley, believe me,” Dilman said with intensity, “if I could prove that-prove it-I would commute his sentence immediately. I cannot prove it. Jefferson Hurley is a confessed kidnaper and murderer. The essential truth is that he was a self-appointed Messiah of our people, taking the law into his hands, and the government cannot condone such action. I have no grounds on which to give Jefferson Hurley his life, to overlook his crime, except the fact that he is black like I am, like the three of us in this room are, and if I commuted his sentence, he would be getting preferential treatment, special consideration which a white kidnaper or murderer would not get in this office. Can’t you see that, Mrs. Hurley?”

“No,” she said flatly. “I see one thing. He’s goin’ to die because of his skin. The Federals and Southerners are puttin’ him to death because he’s a black man who won’t crawl, like the Senate is puttin’ yourself to death because you’re a black man who suddenly stopped crawlin’.”

Poole had recovered his wits. “It’s the invisible prejudice law against him!” he shouted. “Same as there’s the invisible Article V of impeachment against you!”

Dilman said sternly, “Mrs. Hurley-Leroy-however we feel about the prejudice that we know exists-and we feel as one in this-there is still the law of the land we live under, our law, the law that keeps us a civilized community and not a pack of roving barbarians. In this case I am the final symbol of that law. Despite the passionate forensics of my good friend and advocate on the Senate floor today, you heard his invisible Article thrown out of the court. It does not enter into my trial, and will not, unless he can legally prove I am being prosecuted as a Negro and not as a criminal. There is little chance he can prove that. And there is no way for you to prove Jefferson Hurley is going to the gas chamber simply because he is a Negro. Jefferson Hurley is going to the gas chamber because, as a man, he committed a crime against men, and against their law. If I am convicted by the Senate body, and punished and disgraced by removal from office, it will not be because I was tried as a Negro but as a government official who committed high crimes. I may have other feelings or views about this, but in court there is the law, and I will abide by it shortly, as you must abide by it now.”

Mrs. Hurley’s inflexible composure broke slightly. “There is-is more than law, Mr. President. There is human bein’s’ compassion, one for the other, there’s that, and sometimes it’s above the law.”

To Poole it appeared that Dilman, perturbed, shaken, would reach out to touch her hand. He did not. He said softly, “Mrs. Hurley, I am not inhuman. I have a son, too, and I know, and I can feel for you.”

Dilman’s mention of his son aroused the last crouched hope inside Leroy Poole, and suddenly he found himself standing again.

“Mr. President, Mr. President!” Poole cried out, his voice a shriek. “Listen to me, listen! This is just for the three of us in the privacy of this room, this one more thing. You keep saying you’re a human being, not just a Negro like us. Okay. Then like a human being you’re fighting for your rights and your life in the Senate, you sure are. I listened some today, and it’s not going good for you, no, but you’ve got a chance, maybe a chance, if it doesn’t get any worse. Okay. That Article II of Zeke Miller’s, one-fourth of all the case against you, that’s leveled at your conspiring to protect the Turnerites because you knew your son was a member, right? Okay. What have your enemies got to support that serious accusation? Nothing much except circumstantial evidence, and some exhibit of a letter from Julian to someone who’s name was not even mentioned, in which he said he was planning to join the Turnerites. That’s all their evidence is, and it’s nothing, because Julian answered, through your attorney, that he was only angry when he wrote that letter, and talking big, and that he never actually joined and there’s no proof he ever joined. Isn’t that the way it is, Mr. President?”

“What of it?” said Dilman suspiciously.

“What of it? Listen to me, man to man. What if that crummy, flimsy evidence in Article II against you overnight became real factually proved evidence, huh, what then? Well, I told you before, and you blew me down, I told you before that your Julian was a member of the Turnerites. I once had it in a letter from Jeff Hurley. But no, father and son, your son, you wouldn’t believe me then. Okay. Mitts off. We, the two of us, Mrs. Hurley and yours truly, we got the living, breathing proof that your Julian was an extremist agitator, an extremist Turnerite-a member of a subversive outfit, as you put it. We have the proof. After you banned the organization, and before he took it on the lam, Jeff, who was personal custodian of every secret membership application and pledge, filled in and signed by every Turnerite, he gave this file over to the one person he trusted in the world, to his mom, to Gladys Hurley here. She has that file, and there is one application and blood pledge in it, swearing to work underground for the cause and die for the cause, and it is signed by none other than your son, namely, Julian Dilman, in his own handwriting, which you’ll recognize and an expert can prove.”

Poole had the satisfaction of seeing that the blow had struck its mark. Dilman’s self-assurance appeared to falter, give way. Dilman’s troubled eyes darted from Poole to Gladys Hurley. She gave a slow nod of confirmation.

For Poole the exalting moment had arrived. On the success of his surrender deal depended Jeff Hurley’s life or extinction from the world of the living. With all the power he could muster, Leroy Poole pressed home his last effort.

“Okay, there’s the membership evidence Zeke Miller wished he had, but doesn’t have, doesn’t know exists, somewhere in Louisville, somewhere in the keeping of Jeff Hurley’s mother. Okay, inside the four walls of this room, let’s come to a businesslike understanding. You’ve been a politician most of your life, and you know there’d be no politics, no economics, no survival, no nothing without bartering and trading, without wheeling and dealing. Mrs. Hurley and I already discussed this, and I hoped it wouldn’t be necessary to speak of it, but she agreed that I could if it was necessary. I’ll offer you a deal here and now, Mr. President. You do what should’ve been done anyway, you commute Jeff Hurley’s death sentence to life imprisonment, and Mrs. Hurley will turn over her file to you instead of to Representative Zeke Miller.”

He waited, out of breath, now that the final terms were in the open. He waited for reasonable capitulation.

Curiously, Dilman had seemed to regain his poise. He contemplated the Negro author with equanimity. When he spoke, his tone was almost gentle. “Leroy, that is no deal, that is blackmail.”

“An eye for an eye, like Jeff used to say,” said Poole. “You spare Jefferson Hurley, we spare Julian Dilman-and yourself. It’s take it or leave it, because-”

The buzzer on the President’s desk pierced through Poole’s threat, and then urgently persisted.

Dilman left the Revels chair, hastened to his desk, and snatched up the telephone. “Yes?… What? No, bring them right in, right in now, Miss Foster!”

Confused, Poole’s gaze went from the President to the secretary’s door, and then back to him. Dilman had