Mairin got up very tired the next
morning. She had studied fairly late. She put on a long robe, splashed
some water on her face and went into the kitchen. Harry was sitting with
a mug of coffee in one hand and the sports section in the other. Bea was
making some kind of salad for later in the day.
"You were up pretty late, Mair," said
Harry.
"Only one-thirty or so," she answered,
sitting down and looking for the comics.
"How long is this session today going
to last?"
"I really don’t know. Remember, I’ve
never been to a deposition." Mairin had gotten up to heat the water for
more tea.
"Lord, I hope he goes easy." Harry
had vowed not to comment on the case but sometimes couldn’t help it.
Mairin ignored him, busily reading
the comics. "Oh, Harry, this one is so funny." She was really laughing
as she handed it to him. He loved seeing her like that. He had said to
Bea once that Mairin’s face always looked softer and gentler in the morning
than it looked after she had gotten involved in the day and was tired and
sometimes a little angry. She was beautiful. It was that simple. He said
it as though he would say that her robe was bright green or that Bea was
making a salad. It was a fact. Her black hair was tousled and curly
around her face, giving her a very childlike look.
When she came home that evening around
suppertime, she still had the tousled look but her face was very tired.
She sank down into the big, blue chair and kicked off her shoes.
"How did it go?" asked Harry.
"It was absolutely exhausting," said
Mairin.
"It must have been, to have lasted
this long."
"Oh, no, it was over around three,
but Michael and Sandra and I talked for a while."
"Quite a while," said Harry.
"Did you have anything to eat?" asked
Bea, coming in from the kitchen.
"Michael and I got a hamburger
on the way home," Mairin said.
"Well, tell me about it," said Harry.
"Oh, it was thorough. Michael went
over everything. I don’t think Sally Ewing had a very good time. I almost
felt sorry for her. She had a strange, far-away look on her face." She
sighed. "I suppose that Sandra will have to go through something like that
herself."
"Maybe not. Jeffries may be smart
enough to treat her easy. No one wants to be accused of browbeating a blind
person."
Mairin sat staring into space. "It’s
hard," she said.
"What's hard?" asked Harry.
"I don’t know," said Mairin. She got
up. "I’m so tired," she said. "I’m going to take a small nap." But she
didn’t sleep. She thought of the deposition and the tension and the hostility.
Most of all, she thought of the hostility. Michael hadn’t noticed how it
affected her.
There was a large conference room
at Michael’s firm that was always used for depositions. It was fairly imposing,
well-decorated, with a huge table. Ben Wilder, the court reporter, occupied
one end of the table. On one side were Sandra, looking extremely composed,
Mairin, feeling exceptionally tense, and Michael. On the other side were
Sally Ewing and Bob Jeffries.
Sally Ewing looked confident and aloof.
I wonder if wearing $500 worth of clothes helps one look confident, Mairin
had wondered. She also wondered whether "aloof" was actually "scared
stiff." At any rate, the effect was that of someone stating that all this
was ‘way beneath her.’
Bob Jeffries had the same disdainful
look he’d had at the board meeting. He probably had $500 worth of suit
on, too. He did display a little warmth, though, to defrost Sally Ewing.
As they’d come in, he’d joked over Holly’s tail protruding from under the
table. Sandra didn’t always take her guide dog if there was a great deal
of difficult indoor travelling. She used her cane then, or took someone’s
arm. Mairin felt sure that Holly was here as a living, furry security blanket.
Michael’s secretary settled everyone
in and got coffee or tea for them. Michael and Bob greeted each other warmly,
shook hands, passed the time joking about local court politics. How can
they be so congenial, wondered Mairin.
And then Michael said, "Well, we’re
all equipped with sustenance; shall we begin?"
"Fine, counselor," said Bob.
Michael flashed a brilliant smile
at Mrs. Ewing. Ben swore her in, and Michael began asking information for
the record. Name, address, phone number, family. Mairin could see that
these questions relaxed Sally Ewing somewhat. Michael asked her about her
background--Vassar, career--raising a family, thank you, and other pursuits--all
social.
Then he came to Evergreen House. "You
are currently the president of the board of trustees of Evergreen House?"
"I am."
"And how long have you held that office?"
"It is a one-year renewable term.
My second term began last July."
"Were you on the board prior to that
or affiliated with the organiration?"
"Well, I’ve always been interested
in the mentally retarded. About five years ago I began to volunteer for
Evergreen House. I drove residents to appointments, I ran household errands,
oh, I just did anything that was helpful."
Lady Bountiful, thought Mairin.
"Who was the director at that time?"
"Ardis Buell,"
"Who was she?"
"She was a young graduate of Smith,
so involved in social welfare. She was a lovely person."
"What were her duties?"
"Objection,’ said Bob Jeffries in
a bored manner. "Irrelevant."
"Not so," said Michael. "We need to
know what the performance of past directors has been."
"Go ahead and answer," directed Bob.
"Well. . . she planned the program
along with those of us on the board. She ran the house, saw that everything
was done. So capable." Sally was actually indulging in a beneficent smile.
"And how did she come to leave?"
"Why, she married and moved away from
the city."
"And Sandra Guilford became the next
director?"
"Yes, she did."
"And how did that come about?"
"We began to look for another director,
of course, and Bunny Lester came up with Sandra’s name."
"Who is Bunny Lester?"
"Why, that’s Bonita Lester, Mrs. Phillip
Lester." Sally Ewing sounded surprised that the name of Bunny Lester needed
any further explanation. "She was president at the time."
"And what happened then, after her
name was brought up?"
"Bunny said she’d like to have us
meet Sandra, that she was just finishing her degree." Sally Ewing did not
specify where Sandra’s degree had been earned.
"Did she tell you that Sandra was
blind?"
"Why, yes, she did."
"And how did you feel about that?"
Mrs. Ewing took a long time to answer.
Mairin saw that this could be ticklish. "Well, of course I had some reservations
about that."
"Why, ‘of course’?"
"Well, blindness is such a
handicap, you know."
"Weren’t all the residents of Evergreen
House handicapped?"
"Why, yes, they were. But that’s just
the point."
"You mean the blind leading
the retarded?"
"That's just it. Our
girls need supervision."
"Did you bring out that concern with
Bunny Lester and the rest of the board members?"
"I did."
"And what was the result?"
"Bunny said that I needn’t be concerned
on that score, that I’d see for myself when I met her how competent she
was."
"And did you meet her?"
"Yes. She came to the house one afternoon
to have tea with us."
"By ‘us’ do you mean the entire board?"
"Yes. There were probably ten of us
present."
"And what transpired at that tea?"
"We were introduced to her, to Sandra.
She talked to us about being blind." She stole a glance at Sandra, as though
convinced that Sandra might have regained sight. "She said she’d like to
work with our girls."
"Did you talk to Sandra then about
any of your concerns?"
"What do you mean?"
"Well, you said that you were concerned
that Sandra couldn’t supervise the girls. Did you tell her of your concerns
and give her a chance to respond to them?"
"Bunny said. . . ."
"Objection," said Robert Jeffries.
Mrs. Ewing looked at him in great surprise that anyone might object to
anything
that Bunny Lester might have to say.
"The question was directed to what
was asked, not to what Bunny Lester said," Bob Jeffries explained.
"Oh, of course," she said. "Well,
no, I didn’t ask anything."
"You didn’t ask anything." Michael
made a restatement. "You had concerns, but you didn’t make them known.
Why not?"
Sally Ewing looked at him with puzzlement
on her face. "It wouldn’t have been polite," she said.
"Do you think it’s more ‘polite’ to
have hired her and now be trying to say that she’s not competent?"
"I object!" This was no bored aside.
Bob Jeffries was halfway out of his chair, giving a baleful glance at Michael.
"Argumentative." He added the ground for the objection.
"What would have been ‘polite?’"
"Ob-jection," snorted Bob Jeffries,
making two distinct syllables.
"After Miss Guilford left, did you
board members discuss the question of hiring her?"
"Of course."
"Did you make your objections known
at that time?"
"Well, I don’t know that I’d call
them objections. They were more in the nature of questions."
"Did you make your questions known,
then?"
"We all had questions."
"You included? I’m not interested
in the others at this point."
"Yes."
"And what was the discussion that
took place then?"
"I believe I asked what would happen
if someone got hurt and had to be driven to the hospital."
"That was your only concern?"
"Well, I wondered what might happen
if one of the girls decided to sneak out at night."
"Was that a practice?"
"I don’t think so, but you never can
tell with young people these days."
"So those were your only two concerns?"
"Well, everything in general. . .
."
"What?"
"Everything that needed to be done.
Could a blind person do it?"
"Did you ask Miss Guilford that?"
"Objection. You’ve already asked that
question, counselor."
"So you left that day without answers
to your concerns?"
"Yes."
"When was the decision made to hire
Miss Guilford?"
"That afternoon, I think. Bunny was
going to send her a letter."
‘Did you all vote on the matter?"
"Yes."
"What was the vote?"
"We all voted to hire her. It was
unanimous."
"Now why would you vote to hire her
if you had unanswered concerns?"
"Bunny Lester felt that she could
do the job. She pretty much convinced the rest of us."
"This Bunny Lester must be a pretty
persuasive person. Did she twist your arms?"
"Oh, no, nothing like that. She just
told us what she’d observed of Sandra. She knew some of Sandra’s teachers."
"Did she convince you that Sandra
could do the job?"
"Pretty much."
Michael looked at Bob. "Let’s take
a break here."
"Fine."
Sandra asked Mairin to take her to
the ladies room. Holly went along with them. Bob Jeffries and Sally Ewing
walked down to the coffee room. When Mairin and Sandra returned to the
conference room, Michael and Bob were discussing a recent large settlement
in a negligence suit.
Sally Ewing was looking out a window.
"Okay," said Michael.
"Mrs. Ewing?" said Bob Jeffries, and
the second session was underway.
After Sandra Guilford was hired, what
were your personal experiences and observations of her?"
"I was in and out a great deal. .
. ."
Michael interrupted her. "Can you
be a bit more specific?"
"Let’s see." Sally Ewing wrinkled
her brow. "Now, Tuesday afternoon I nearly always stopped by on my way
home from the orchestra committee. If anything needed to be done--any errand,
or any typing, something like that--I’d do it. Then Thursday morning I
always stopped in, too. Ardis and Sandra knew this would be my schedule,
so if they needed to have things done, they’d save them for me." She said
all of this in her Lady Bountiful tone, and Mairin began to think of her
as Lady Ewing.
"And on any of these occasions, did
you observe any condition that concerned you insofar as Miss Guilford’s
performance of her duties went?"
"I did."
"Please relate these observations
to us." Michael sounded as though he had all the time in the world.
Mairin had been watching him during the depo. He was very intense. He had
barely acknowledged her presence this morning, not at all willing to engage
in the small talk that he carried on with Bob Jeffries. She wondered if
Bob Jeffries, too, was far more tense than he appeared. This must be like
the operating room for a surgeon. Mairin doubted that there were many relaxed
surgeons in operating rooms.
"There were four incidents," said
Sally Ewing precisely. So she’s counted them out with Mr. Jeffries, thought
Mairin.
"Four. All right, please go through
them."
"The first one was the first winter
Sandra was in the house. She had started that fall. I came into the kitchen
and almost fell. There was a large wet area on the kitchen floor. Soup,
I think."
"Soup?"
‘Yes. There had been soup for lunch
that day."
‘And what did you do?"
"I went to Sandra’s room. I told her
there was a most dangerous condition in the kitchen."
"How did she respond?"
"She asked me to show it to her. I
did. She took paper towels and cleaned it up."
‘Did Sandra spill the soup?"
"She said it must have been spilled
by Marie. She’s our housekeeper."
"Then why hadn’t Marie cleaned it
up?"
"She must not have noticed it."
"But you held Sandra Guilford accountable
for the spill?"
"She was in charge. She supervises
Marie."
Michael had a quizzical look on his
face. It was plain that he thought this incident was not worth dealing
with. "And the second incident?"
"It happened the following summer.
One of the girls began to look very ragged and unkempt. Now we try hard
to get the girls to take pride in the way they look. Bcause of their handicap,
it’s even more important for them to look well-kempt than for other girls.
This is a particularly important aspect of the director’s job. However,
this girl, Margaret, just kept looking worse and worse. I finally talked
to Sandra about it. I described as exactly as I could what was wrong with
Margaret’s appearance. Well, then, of course, Margaret had to be talked
to." Sally Ewing paused.
"Who did that?"
"Sandra did."
"Did that take care of the matter?"
"Margaret began to look a bit better,
but I kept having to seek Margaret out so that I could check how she looked.
There's no way, of course, that a blind person would be able to do that."
"This was quite a burden on you, I
suppose?"
Sally Ewing caught the half-hidden
sarcasm in Michael’s tone. She hesitated. "I was glad to do it, of course,
but it is the director’s job to keep note of such things."
"Miss Guilford did carry through the
task of discussing the matter with Margaret, didn’t she?"
"Oh yes."
"She was able to carry out that part
of the job?"
"Oh yes."
"Don’t you think that the ability
to have such a personal conversation in a way to effect positive results
is the mark of a good director?"
"Yes, but the point is, she couldn’t
do her job without help, and we trustees can’t see everything."
Mairin couldn’t decide whether Mrs.
Ewing truly believed that this molehill was a mountain or just saw the
potential for making it such. Michael decided to leave it at its current
height. "Third?"
Sally Ewing hesitated again. "There
was the program from Planned Parenthood that Sandra felt was fit for the
girls."
"How does this relate to her blindness?"
"It doesn’t."
"Then why is it an issue?"
"It shows poor judgment!" Mrs. Ewing’s
tone almost crackled.
"That judgment has nothing to do with
blindness. It’s simply a matter of opinion. Ms. Guilford felt it was an
appropriate program; you don’t feel that way. The issue in this suit is
that you have discriminated against her because of her handicap, not that
you have discriminated against her with regard to her judgment."
Mrs. Ewing looked at Bob Jeffries.
He leaned over and whispered a few words to her. She looked back at Michael.
"Fourth?"
"Fourth there is the incident with
Anita. This just happened last summer. It was the last straw, so to speak.
The girl cut her hand badly. I got there when Ms. Guilford was washing
out the cut. She finished and started to bandage it, but I noticed that
the wound was not clean. I called it to her attention, but she disagreed
with me" Sally Ewing had a tone of complete surprise. "I insisted on washing
it out again. We just cannot have that! Those girls are our responsibility."
"Mrs. Ewing," said Michael, "I am
aware that the girls at Evergreen House are mentally retarded, but in the
comeon usage of the language, not the technical, is Anita a moron?"
"I don’t understand what you mean!"
"Is Anita non-functional? Can she
exercise any judgment over her own affairs?"
"Some, of course."
"Couldn’t she wash out her own cut?"
"She was frightened, and she was carrying
on something fierce. We must have adequate care for our girls."
"It would be interesting to know whether
Anita herself thought that the cut was clean. Did she give any indication?"
Mrs. Ewing stopped, wrinkling her
brow. Mairin guessed that she had cultivated that look. "Why, no, I don’t
believe she did. She was carrying on too much, you know."
"And this is the fourth incident.
You’re sure there aren’t any more?"
"I’m sure."
"Think carefully now. Take your time.
Is there anything you’ve forgotten to tell us?"
"I don’t know what you mean."
"Four incidents. Three incidents,
really, because the one is not in question. Some soup spilled on the floor.
Happens all the time, and in the best of homes. A girl who may have been
a little raggedy. And a cut that had been well-washed, whether or not there
was a speck of dirt remaining. . . . And for three little things you’re
ready to deny a woman her livelihood?" There was weight in Michael’s tone.
"Well. . . why. . . " Sally Ewing
was taken aback at this tack. "These are serious incidents."
Michael laughed. "Do you really expect
me to believe that you believe that?
"I do!" said Mrs. Ewing simultaneously
with Bob Jeffries' shouted objection.
"This is ridiculous, counselor," he
stormed. "The lady has answered all of your questions graciously, and you
are now attempting to browbeat her, to insinuate that she really doesn’t
believe a word that she has said!"
"I don’t think that she does," said
Michael. I don’t see how anyone in her right mind would deprive a woman
of her livelihood and jeopardize her professional reputation on the basis
of such patently ridiculous assertions."
"We do not intend to remain," said
Bob Jeffries, rising and beckoning to Mrs. Ewing to follow him. "I’ll have
a court order on you for contempt, Morgan."
"I’ll have a court order for your
client to answer those questions!" yelled Michael as Bob Jeffries and Sally
Ewing disappeared into the hall.
Mairin was shaking. The anger frightened
her. It always had. She pushed the memories down. She looked at Sandra
as if to lock herself into the present. Sandra seemed composed. Michael
seemed elated. "How did you like that?" he asked.
"She deserved it," said Sandra. "You
were exactly right."
"I know," said Michael. He looked
at his watch. "Three o’clock. I'm starved. Let’s go get something to eat.
I’ll buy."
"I have to get back to the house,
said Sandra. "Logan is waiting for me there. Why not just drop me off?"
They drove to Evergreen House and
went in with Sandra and Holly.Michael
gave Logan an account of the depo. Mairin could see him unwinding as he
reenacted the deposition.
Then he and Mairin left and stopped
for hamburgers. He continued his monologue, not seeming to notice Mairin’s
lack of reaction. Finally, just as coffee came, he said, "You’re really
tired, aren’t you?"
"Yes," she’d said, around bites of
onion rings.
When they’d gotten back in his car,
she had leaned her head back on the seat.
"Put your head on my shoulder," he
‘d said.
"No," she’d said very quickly.
"Mairin," he’d laughed, "are you afraid
of me?"
She had sat up straight. "Michael,
I’m a real Victorian. You have to remember that. I was raised In another
era mentally."
"Mairin," he’d pushed, "are you afraid
of me?"
"You’re a man, Michael," she had said.
"Is there a syllogism there?" he’d
asked.
"Probably," said Mairin, "but I’m
too tired to figure it out."
"But not tired enough to put your
head on my shoulder?"
"No, not that tired."
He had laughed and had gone right
back into a completely asexual discussion of the deposition.
At ten-thirty Mairin stopped trying
to nap, got up and wandered into the living room. Harry was sitting in
the midst of a pile of papers, half-snoozing. He looked up as Mairin walked
by. "You didn’t have any dinner, did you?"
"No, just the hamburgers. But that
was really enough."
"Bea made some cake."
"Great,’ Mairin said and went into
the kitchen. She ate two pieces of the German chocolate cake and got out
a bottle of wine. She poured a glass and sat back down at the dinette
table. She was feeling horribly depressed and lonely. The utter hostility
of the day pressed down upon her. It brought back too many memories. They
crowded around, but she pushed them back. The loneliness was crushing.
All of a sudden she got up, walked into the living room, sat down on the
couch beside Harry and began to cry.
"Mairin, Mairin!" he was surprised,
coming fully awake. Without really thinking about it, he put an arm around
her. "What’s the matter?"
"Nothing. . . I don’t know. . ." she
was crying very hard, she was shaking.
Let her cry he thought. This is way
overdue. He thought of the times when he had been sure that she would cry--the
nights when she came in tired, worn down, worried about a case. That job,
he thought, it’s too grueling. There’s too much sadness. She’s a young
girl, why does she need to see the unhappiness and the despair, and most
of it she can’t do anything about anyway. But he had always figured that
most of her moods came somewhere out of the past. She refused to talk about
her family. She had said that she didn’t know how to react to kindness.
But here she was, curled up beside him, crying. Mairin, who flinched if
he put a hand on her shoulder. He was holding her close but gently. She
had come to him.
"Tell me about it, Mair," he said.
"Oh, Harry, I can’t. . . I can’t because
I don’t know myself. I just don’t know."
"Just tell me what’s in your mind,
what you see."
"A frightened little girl, being yelled
at. Such anger. .." She responded almost immediately, without guarding
the words. Then he felt her tense again. He waited, but she didn’t continue.
"And you felt that way today?"
"Yes."
"Did you tell Michael how you felt?"
"He wouldn’t understand."
"No, he wouldn’t, but I think you
ought to tell him anyway. There’s no need for you to have to go through
the depositions in this case."
"Oh, no, Harry. I have to. Sandra
needs me. I can’t tell Michael how upsetting this is. He would be ashamed
of me." She tried to get up, but Harry held her firmly.
"Just one question, Mair," he said,
"and I want an honest answer. How do you feel about Michael?"
"Harry!" exclaimed Mairin, struggling
to get away.
"Answer me, Mair."
"Harry, that isn’t a proper question,
and I’m not going to answer it. Let me go."
No use to hold her, he thought. It
would destroy all the good of our relationship so far to try to force her
to talk about something she doesnt went to talk about.
He said to Bea later, "I’m going to
have a talk with Michael Morgan. I don’t like his relationship with Mairin."
"For heaven’s sakes, what kind of
relationship does he have with her? Anything that I don’t know?"
"Oh, hell, Bea," Harry was pacing
around the bedroom. "I don’t know anything. I don’t mean I think they’re
having an affair. I don’t mean that at all. But I think she could get involved
with him. Remember, I always knew with Laura and Betsy. I always knew when
they were soft on someone. Mairin’s been enthralled with Michael ever since
she had him for class. But that’s not the whole point. He’s pushing her.
He's pushing her to be a trial lawyer. She hates that kind of tension,
that kind of hostility. You should have seen her last night. She was so
depressed. Remember, she went to bed early. I stayed up, reading the paper.
I heard her get up. She went into the kitchen. All of a sudden she came
back into the living room, sat down on the couch beside me and burst into
tears. I can’t remember exactly what she said, but the gist of it was that
this case is upsetting her and that she can’t talk to Michael about it.
Well, I’ll talk to him."
"And just how are you going to do
that? Mairin will be furious. And she’d have a right to be, in my book."
"I’ll just call him up and invite
him for lunch. And she doesn’t need to know about it."