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Shadows on the Bench

Table of Contents

  • Chapter 1 The Ledger of 1934
  • Chapter 2 Mud and Moonshine
  • Chapter 3 The Gavel’s Blind Eye
  • Chapter 4 Sealed in the Cellar
  • Chapter 5 Blood on the Docket
  • Chapter 6 An Oath in the Shadows
  • Chapter 7 Smoke Over the County Seat
  • Chapter 8 Post-War Whispers
  • Chapter 9 The Red File
  • Chapter 10 Transcripts in Code
  • Chapter 11 A Clerk’s Inheritance
  • Chapter 12 Static on the Wire
  • Chapter 13 The Midnight Subpoena
  • Chapter 14 The Defector’s Deposition
  • Chapter 15 Dead Man’s Bail
  • Chapter 16 Sins of the Fathers
  • Chapter 17 The Rot in the Archives
  • Chapter 18 Missing Folios
  • Chapter 19 Echoes of the Bootlegger
  • Chapter 20 Tape and Typewriter
  • Chapter 21 The Blackout Hearing
  • Chapter 22 Unmarked Evidence
  • Chapter 23 The Informant’s Ghost
  • Chapter 24 Chambers of Silence
  • Chapter 25 Contempt of Memory
  • Chapter 26 The Final Adjournment

CHAPTER ONE: The Ledger of 1934

The radiator in the clerk’s office at the Blackwood County Courthouse did not heat the room so much as it rattled the dust loose from the crown molding. It gave a rhythmic, metallic wheeze every twenty seconds, like an iron lung keeping a dying building alive through another bitter November. Arthur Finch dipped his steel nib into the squat glass well of Higgins black ink, shook off the bead with a practiced flick of his wrist, and held the pen poised above the open folio.

A man could tell the fortune of the county by the binding of its books. The volumes from the turn of the century were dressed in thick calfskin, their pages heavy rag paper that resisted the damp of the river fog creeping up from the docks. By 1931, the covers had surrendered to pressed cardboard wrapped in a thin, mottled buckram the color of dried mustard. The page before him was cheap wood-pulp stock that drank ink like blotting paper if a man lingered too long on a downstroke.

Arthur did not linger. His hand moved across the pale blue ruling with the steady, detached grace of a surveyor drawing property lines across a swamp.

Case No. 4412. The People v. Thaddeus Vance. Charge: Operating an unlicensed distillery; possession of untaxed spirits; assault on an officer of the peace.

Behind him, through the frosted glass panel that separated the record room from the main corridor, footsteps scraped across the terrazzo. It was the heavy, dragging gait of Sheriff Orville Keel, whose left knee had been stiffened by an errant piece of shrapnel at Belleau Wood and whose disposition had been ruined by three successive terms of dealing with the Vance family. The brass knob turned without a preliminary knock, rattling the frosted glass.

"You’re working late, Arthur," the sheriff said, letting the door thump shut behind him. He smelled of cold damp wool, wintergreen tobacco, and gasoline. He peeled off a pair of wet goatskin gloves and dropped them directly onto the stack of probate notices waiting for Arthur’s signature.

Arthur lifted the gloves with two fingers by their seams and placed them neatly on the bare varnish of the side table. "Judge Higgins signed the docket at four, Orville. If the docket isn't filed by midnight, the constable in the north hollow doesn't get paid his mileage, and the county auditor sends me three memos on pink carbon paper asking why we’re carrying a deficit on kerosene."

"Higgins should’ve stayed home," Keel said, walking over to the iron stove in the corner and spreading his large, mottled palms near its black flue. "The river is coming up over the lower bridge. Another two inches and the ferry won't cross until Saturday. If the circuit court can’t sit, we ought to lock the doors and let the drunks sober up in the haylofts."

"The circuit court is sitting tomorrow at nine sharp," Arthur replied, blotting the entry with a wooden rocker. "Or at least Judge Higgins intends to sit, assuming his gout permits him to put a boot on his right foot. He asked me twice this afternoon if Thaddeus Vance’s cousin had delivered the firewood promised to the rectory."

Keel snorted, spitting a shred of tobacco into his handkerchief. "Thaddeus’s cousin don't own any wood that didn't come off the lumber company’s south tract under cover of a thunderstorm. If Higgins is burning Vance timber, he’d better check the logs for copper wire."

Arthur didn't answer. He turned the heavy page of the docket, pressing the spine flat with the heel of his palm. The court clerk did not comment on the provenance of firewood, nor did he concern himself with the morals of circuit judges. Arthur was thirty-two years old, had held the keys to the archive room since his father died of influenza in the winter of twenty-eight, and knew that the law in Blackwood County was not a set of iron tablets brought down from a mountain. It was an elaborate arrangement of paperwork designed to ensure that the people who owned the timber mills didn't shoot the people who owned the dry-goods stores, and that both parties paid enough in court fees to keep the courthouse roof from collapsing on their heads.

"Where is Vance now?" Arthur asked, adjusting the brass reading lamp so its green glass shade cast a pool of lemon light over the docket’s right-hand margin.

"Downstairs in the cellar tank," Keel said. "Banging his tin cup against the drain pipe. Claims he wants an attorney from the capital. I told him the only attorney he’s getting is old man Miller, and Miller won’t walk down three flights of stairs in this rain for less than ten dollars cash, which Vance don't have on him, seeing as we confiscated his wallet."

"What was in the wallet?"

Keel reached into his mackinaw pocket and pulled out a small cloth bundle tied with butcher’s twine. He tossed it onto the ledger. It landed with a dull, wet slap.

"Three one-dollar notes," Keel said. "A receipt for six bushels of cracked corn from the feed mill in Mercer. And that slip of greaseproof paper."

Arthur reached out, his fingers careful not to touch the ink that was still setting on the page beneath. He untied the knot with the blunt tip of an ivory bone-folder. The greaseproof paper had once wrapped lard or salt pork; it was translucent, smelling faintly of rendered fat. Inside were three pencil-written lines in a tight, crabbed script that did not belong to a dirt farmer from the hills.

To the account of B.R. Seven casks cleared through the railway siding at Milepost 14. Inspected and approved.

The initials were neat, the capital 'R' flourished with an unnecessary loop that curled down like a fishhook.

Arthur looked up at Keel. "Milepost 14 is the siding behind the old lime kiln. That’s outside your jurisdiction, Orville. That falls under the township constable in Blue Rock."

"Used to," the sheriff said flatly. He picked at a thumbnail with a pocketknife he’d produced from somewhere inside his vest. "Until the railroad abandoned the depot in thirty-two. Now it belongs to whoever has the key to the switch lock. And the switch lock was smashed with a sledgehammer on Tuesday night."

"Who is B.R.?" Arthur asked.

Keel closed his pocketknife with a loud click. He didn't look at Arthur. Instead, he stared out the tall arched window where the rain was beating against the glass with a sound like thrown gravel. Below them, across the square, the lights of the mercantile were already out, leaving only the dim yellow beacon above the door of the Blackwood Hotel and the occasional sweep of a truck’s headlamps turning through the muck on Main Street.

"You write too much down, Arthur," Keel said. "Your father knew when to write an entry and when to leave a line blank until the following Tuesday."

"My father died with four months of unentered dockets stacked in the cellar," Arthur said. "It took me six months to clear the back taxes on the tannery because he kept the deeds in an empty cigar box instead of the deed book. The State Examiner told me in May that if our books aren't reconciled by the end of the fiscal year, they’ll send an auditor down from the capital who will live in the boarding house and eat breakfast at the diner every day for three months."

"God forbid," Keel muttered. "A man with clean fingernails and a briefcase would starve in this town."

"He wouldn't starve. He’d discover that the county treasury has paid for three sets of snowplow blades that never arrived, and that the probate fees for old lady Calloway’s estate were paid in side-meat instead of currency." Arthur folded the greaseproof paper along its original creases and set it neatly on the corner of his desk, beside the inkstand. "If Thaddeus Vance has business with people who sign receipts with two initials, it doesn't belong in the misdemeanor docket. It belongs in the circuit book under felony indictments."

"Leave it on the misdemeanor docket for tonight," Keel said, his voice dropping an octave, losing its companionable rasp and taking on the dry, institutional weight of a man who carried a gun under his coat. "Judge Higgins said he’d hear it in chambers before the morning call."

"In chambers?"

"That’s what he told me while he was sitting by the stove in the barbershop having his ears lowered." Keel picked up his damp goatskin gloves, turning them over in his hands. "He said Vance was a family man with four children and a wife who cleans the church pews, and there wasn't any call to bring a state prosecutor down from the city to make an example of a fellow who was just trying to turn twenty bushels of spoiled corn into something folks could drink."

Arthur picked up his pen again. His fingers were stiff from the damp, and his right middle finger bore the permanent calloused indentation of sixteen years of clerical servitude. He looked at the ledger. The rule line below Case No. 4412 was empty, pristine, waiting for the disposition of the court.

November 14, 1934.

He dipped the pen. "The prosecutor has already filed the information, Orville. It was hand-delivered by the boy from the telegraph office at three o'clock. The state’s attorney wants thirty days in the workhouse and a two-hundred-dollar fine."

Keel made a small, sour noise in his throat. "The prosecutor is thirty miles away in Mercer, sitting by a steam heater with his feet on a walnut desk. He don't have to live next door to Vance’s brothers. You let Higgins handle it. He’s been on that bench since the Spanish war. He knows who to fine and who to send home."

The sheriff turned toward the door, his boots squeaking on the linoleum runner. "And don't put that greaseproof paper in the evidence locker, Arthur. Put it in the tin box under the counter. The one where you keep the uncollected road tax slips."

"That box has no lock, Orville."

"That’s why I told you to put it there," Keel said without looking back. The latch clicked, and the door swung shut behind him. His uneven tread faded down the hallway, down the marble stairs, until the heavy oak front door of the courthouse slammed shut with a thud that vibrated through the floorboards.

Silence returned to the clerk’s office, save for the radiator’s asthmatic hiss and the rain against the pane.

Arthur sat still for three long minutes. He did not touch the greasy slip of paper. He reached for his pocket watch—a plain silver-cased Elgin that had belonged to his grandfather—and popped the lid. Seven minutes past eight. The night watchman, old Clyde, would not begin his rounds until nine, and Clyde rarely climbed the stairs to the second floor if he could help it, preferring the warmth of the coal cellar and a bottle of clover tea he brewed on top of the furnace.

Arthur rose from his swivel chair, which gave its usual high-pitched squeak of protest, and crossed the room to the tall, floor-to-ceiling wooden cabinets that lined the eastern wall. Here sat the memory of Blackwood County: five hundred leather volumes containing every birth, death, mortgage, lien, bastardy bond, and hanging since the county had been carved out of the timber frontier in 1848.

The smell in this corner of the room was different. It had nothing of the damp wool and gasoline Keel brought in with him; it smelled of dried glue, animal hides, decaying lignin, and the quiet, persistent mildew that ate through the bottom edges of the folios during the spring floods. It was an honest smell, the scent of things that did not change once they were written down.

Arthur reached for Volume 18 of the Miscellaneous Record Book, pulled it from its slot, and carried it back to the desk. He didn't open it immediately. Instead, he pulled out a drawer from the lower pedestal of his desk, reached behind a stack of blank vouchers for the county poorhouse, and withdrew a second ledger—a thin, black octavo bound in imitation morocco leather, unmarked by any gold-stamped title on the spine.

This was not a county book. It had no seal of the circuit court, no stamp of the county board of supervisors, and no entry in the inventory of county property. His father had started it in the autumn of 1920, the year the Volstead Act had turned the timber creeks into a maze of copper tubing and charcoal filters.

Arthur turned the pages. His father’s hand had been more ornate than his own, full of Spencerian flourishes, sweeping capitals, and shaded downstrokes that belonged to the nineteenth century.

Oct. 12, 1921. Siding at Milepost 14. 12 barrels, sugar. Car number B&O 44109. Consigned: Standard Milling Co. Unloaded by: T. Vance and party. Note: Judge H. present at depot with buggy.

July 4, 1925. 24 cases, glass bottles. Unmarked crate. Cash paid to freight agent: $14.50. Recorded as "Drainage Tile."

Sept. 18, 1929. Case No. 3108 (State v. Miller). Dropped for lack of evidence. Witness failed to appear. (Witness departed on 4:15 south, ticket purchased by Clerk’s office voucher No. 81).

The entries were sparse, dry, and terrifyingly precise. There were no judgments written in the margins, no moralizing about the drunkenness that filled the Saturday night cells or the bodies of young farmhands found in the ditches along the Mercer turnpike with their heads caved in by axe handles. There were only names, dates, boxcar numbers, and the corresponding entries in the public dockets where the truth had been gently massaged, trimmed, and filed away until it looked like an ordinary clerical error or a failure of the Grand Jury to return a true bill.

Arthur opened the slip of greaseproof paper again. He smoothed the creases with his fingers.

To the account of B.R.

There was no B.R. in the county records. Not in the land registry, not in the voting rolls, not in the list of licensed timber contractors. But three years ago, when the state highway department had surveyed the right-of-way for the new macadam road between Blackwood and the capital, the surveyor’s field notes had listed a private spur track at Milepost 14 as belonging to the Blackwood Realty & Investment Corporation.

The corporation had three directors listed on its articles of incorporation, which Arthur himself had recorded in Volume 14 of the Corporation Book: Judge Horatio Higgins; Arthur’s own father, Thomas Finch; and a lawyer from Chicago whose name Arthur had never seen on a legal brief in the twenty years he had worked in this building.

Arthur picked up his steel pen.

He did not write in the official court docket. He did not write in the misdemeanor book. Instead, he opened the black octavo to the first clean page after his father’s final, shaky entry of October 1928.

In the small, square, modern hand that the commercial college in Mercer had drilled into him until his knuckles bled, Arthur wrote:

Nov. 14, 1934. Case No. 4412. Vance, Thaddeus. Seven casks through Milepost 14. Greased voucher noted. Docket to be cleared in chambers per Higgins, J.

He paused, the pen hovering above the page. A drop of rain hit the window with the force of a small pebble, running down the glass in an erratic, dirty streak.

He added one more line:

Sheriff Keel received original receipt.

Arthur blotted the page, closed the black book, and returned it to its place behind the vouchers for the county poorhouse. Then he took the greaseproof paper, walked over to the wooden cabinet beneath the public counter, and dropped it into the rusted tin box where the uncollected road tax slips had been gathering dust since the year the war ended.

He walked back to his desk, took his overcoat down from the iron hook behind the door, and blew out the reading lamp. The smell of hot kerosene smoke mingled with the dampness of the room. He locked the frosted glass door behind him, the brass key turning with a dry, familiar click, and walked down the cold stone stairs into the rain.


CHAPTER TWO: Mud and Moonshine

The rain did not pause to let the dawn break cleanly. By seven o’clock, the sky over Blackwood was the color of a wet slate shingle, and the town square had turned into a churn of gray soup that sucked at the tires of milk trucks and wagon wheels alike. Arthur Finch arrived at the courthouse with damp cuffs and grease on the hem of his trousers, acquired while negotiating the swollen gutter outside Miller’s Pharmacy. The storm had drowned the lower boardwalks, leaving drift logs and sodden cabbage crates stranded in front of the livery.

Inside the limestone vestibule, the moisture hung like wool in an unventilated cellar. Old Clyde was leaning on a broom with half its bristles missing, staring through the double entrance doors at the brown deluge sweeping past the war monument. He smelled of coal gas and parsnips.

"Ferry’s grounded on the sandbar," Clyde observed without looking up. He spoke with the slow, rumination-heavy drawl of a man who spent twenty hours a day listening to boilers clank. "Cable snapped on the Mercer side. They won't get no milk through till Friday, Arthur. Won't get no mail neither."

"The circuit rider didn't use the ferry," Arthur said, shaking his umbrella out over the copper drain tray. "Judge Higgins lives on this side of the water, Clyde. His carriage was turning onto Court Street when I crossed the alley."

"He weren't in no carriage," Clyde muttered, dragging his bald broom an inch to the left. "He was in that Essex coach he bought off the undertaker’s son. Back tires were spinning mud clear up to the handles. He was cursing something fierce about the ruts by the cooperage. Smelled like peppermint schnapps clear across the portico."

Arthur didn't solicit further inventory of the judge’s morning breath. He mounted the grand stairway, where the pine treads were worn down in the center like ancient cattle runs, and climbed to the second floor. His office was freezing. The draft through the sash windows had killed whatever heat the radiator had hoarded overnight, leaving the air smelling of iron filings and frozen glue.

Before Arthur could hang his hat, the frosted glass panel shuddered under a fist. The door swung inward before he could reach the brass knob.

It was not Sheriff Keel, but Deputy Lester Gidley—a rawboned youth from the south fork whose uncle sat on the county road commission, which explained why Lester possessed a silver badge despite being barely old enough to trim his own whiskers. Lester’s mackinaw was soaked through, the canvas patches on his shoulders dripping steadily onto the threshold. In his right hand, gripped by the neck like a freshly killed hen, was an earthen jug stoppered with a twist of oiled corn-shuck.

"Sheriff said bring this up directly," Lester announced. He had the sharp, breathy voice of someone who had run up three flights of stairs carrying a disputed load. "Evidence for the Vance hearing. Keel said not to set it in the hall where the town bailiff could get his fingers into it."

"The evidence room is in the basement, Lester," Arthur said, taking off his woolen muffler and folding it into a precise rectangle on the lower shelf of the coat tree. "Mr. Vance is down there, too. You walked right past the door to bring it up here."

"Sheriff said the judge wanted it in chambers before the nine o’clock call," Lester retorted, setting the jug down with a heavy ceramic thud right in the middle of Arthur’s blotter. "Said it had to be logged on the preliminary sheet so the prosecutor don't claim it went missing between the ditch and the jail."

Arthur looked at the jug. It was coarse gray stoneware, salt-glazed and streaked with yellow river clay around its base. It bore no maker’s mark, but three inches above the belly, scratched into the wet clay before firing with the point of an eight-penny nail, were the letters T.V. The scratch was old; the clay had settled into the groove years ago.

"Where did Keel pull this from?" Arthur asked.

"Found three crates of 'em stacked under the floorboards of the corn-crib at the Vance place," Lester said. "Two miles south of Milepost 14. Old Thaddeus was sitting on the tongue of his wagon with a double-barrel ten-gauge across his knees when we drove up the creek road. He didn't shoot, but he didn't move neither. Sheriff had to pry his fingers off the stock with an iron tire-iron."

"Was there anyone else on the property?"

Lester shifted his weight, his gumboots squealing on the wet boards. His eyes, small and water-blue, darted toward the frosted glass behind him. "Just the boy. Young Jesse. He was out by the run with a team of mules, dragging a cedar log through the mud to make it look like they was just skidding timber for the sawmill. But there wasn't no timber on that skid, Arthur. Just empty sled-runners with the bark scraped off."

"And the railroad siding?"

"Railroad siding was washed out," Lester said quickly—too quickly. "Creek came up over the ties. Couldn't see nothing down there but driftwood and willow brush."

Arthur picked up his bone-handled letter opener and gently tapped the corn-shuck stopper. A faint, pungent reek of wood-alcohol, fermented mash, and river sediment drifted out around the plug. It was fifty-proof corn whiskey, distilled in a copper worm that had likely been patched with lead solder from an old roof gutter. Drink enough of it, and a man’s peripheral vision turned into greasy yellow fog before his kidneys seized up altogether.

"Take off your hat, Lester," Arthur said quietly. "You’re dripping on the fee book."

The boy flushed and jerked his oilskin cap off, clutching it to his chest. "Judge is down at the diner right now, eating buckwheat cakes with Lawyer Miller. Keel said for you to write up the disposition form before they finish their second cup."

"Judge Higgins doesn't sign disposition forms until the matter is called in open court," Arthur said. "Or until he has dictated the findings to me. That is the law of the state."

Lester grinned, revealing two crowded upper teeth that gave him the look of a hungry pike. "Law of the state don't pay the freight on six barrels of mash that’s sitting in the courthouse yard right now in the back of Keel’s pickup, turning sour in the rain. Keel wants this business over by noon so he can get home and tend his ditch. The north pasture’s going under."

Arthur did not answer. He took his seat, the chair springs complaining with their familiar iron groan, and pulled forward the looseleaf docket sheet for the morning’s preliminary hearings.

He wrote: Nov. 15, 1934. In re: Thaddeus Vance. Exhibit A: One 2-gal. jug, spirits, untaxed. Delivered by Dep. Gidley.

"Now," Arthur said, pointing the wet nib toward the jug. "Take it across the hall to the judge’s chambers. Put it on the sideboard behind the bust of Daniel Webster. Not on his desk. He knocks things off when he reaches for his spectacles."

Lester grabbed the jug by the ear, his knuckles red from the cold, and slipped out.

Arthur sat in the silence of the room, his eyes fixed on the empty space on his desk where the jug had left a faint ring of wet red clay. He dipped his rag in the tin washbasin behind the door, returned, and wiped the blotter clean until the gray felt showed only its customary stains of black and purple ink.

Through the floorboards, he could hear the faint, muffled vibration of voices. One of them was Judge Higgins—a thick, wet baritone that carried through plaster and brick with the resonance of an empty vinegar barrel. Higgins had been elected in ninety-six, re-elected in nineteen-oh-eight, and since then had run unopposed on both tickets because nobody in Blackwood County had the money to challenge him, and nobody from outside the county wanted the job of mediating horse disputes between three clans of interrelated cousins who settled boundary quarrels with bush-hooks.

Arthur picked up the key ring from his middle drawer. He selected the small, brass Yale key—the one that fit the interior door between the clerk’s vault and the back of the judicial library.

The judicial library was five hundred square feet of dry rot and calfskin law reports that nobody had opened since the state capital moved two hundred miles to the east forty years prior. The shelves reached twelve feet to the ceiling, the higher tiers accessible only by a rolling ladder whose cast-iron wheels had seized up with rust during the Wilson administration. Behind the volumes of the Northwestern Reporter, third series, was a narrow space where the chimney breast from the lower furnace rose through the second story. It was the only warm spot in the building.

Arthur stepped through the low door into the library. The smell of cedar smoke and fried ham reached him before he cleared the aisle of criminal codes.

Judge Horatio Higgins sat in a leather wing chair that had lost its tufting on the right arm, exposing yellow horsehair stuffing. His boots—immense, square-toed affairs made of black steer-hide—were propped on an open copy of Cooley on Torts. His frock coat was unbuttoned, displaying an expanse of grease-spotted brocade vest across an abdomen that rose and fell like a tidal marsh. Across from him, perched on an overturned crates of old state statutes, sat Lawyer Miller, his small, bird-like head hunched between high shoulders, picking his teeth with a sharpened goose quill.

On the small tea table between them sat the stoneware jug Lester had just brought up. The corn-shuck stopper had already been removed. It sat on the margin of Cooley, leaving an oily translucent ring over a paragraph concerning municipal liability for open sewers.

"The girl at the diner don't know how to boil coffee, Arthur," the judge said without shifting his boots. His eyes were small, wet berries sunk into folds of purplish-red flesh that resembled the wattles of an old gander. "She boils it till the grounds turn to tar, then she pours skim milk into it to cut the grease. It’s enough to rot the lining out of a Christian man’s gullet."

"Good morning, Judge," Arthur said, holding his folio against his ribs. "The prosecutor’s wire from Mercer is on the desk. He asks if the preliminary hearing will be adjourned to Monday to allow him to take the morning train."

Higgins took a short glass tumbler from the floor beside him, poured two fingers of clear, slightly yellow fluid from the jug, and tossed it back with a violent jerk of his chin. He shuddered once, an immense, whole-body spasm that started in his shoulders and ended in his boots, then let out a long, whistling breath that smelled like kerosene and wet corn.

"The prosecutor," Higgins said, wiping his white mustache with the back of a hairy hand, "is twenty-six years old and thinks that because he took a degree in Ann Arbor he can tell the circuit judge of Blackwood County how to clean his house. Tell him the creek is up. Tell him the culverts are out between here and the junction. Tell him whatever you like, Arthur, but tell him on county telegraph paper so we can charge the six cents to the general fund."

"The state’s attorney has already sworn the complaint, sir," Arthur remarked. His voice was level, neither challenging nor compliant, simply recording the coordinates of an obstacle. "The information lists three separate sales to the workhouse gang on the Mercer pike."

Miller gave a dry, papery chuckle that sounded like mice in a corn-crib. "Those workhouse boys wouldn't know corn whiskey from battery acid, Arthur. They’d drink sheep-dip if you put it in a mason jar and told 'em it was five years old."

"The complaint is signed, Miller," Arthur said.

"Then we’ll unsign it," Higgins growled. He dropped his boots to the floor with a crash that rattled the glass in the bookcases. He reached out with one broad thumb and shoved the jug an inch closer to Miller. "Thaddeus Vance has got eighty acres of white oak on the ridge above the lime kiln. That timber’s been contracted to the railroad for bridge ties since September. If Vance goes to the workhouse for six months, who’s going to skid them ties down to the siding?"

"Jesse Vance is twenty," Arthur said. "He has a team."

"Jesse Vance couldn't skid a pine knot down an ash-chute without breaking both his legs and drowning the mules," Higgins snapped. "He’s an idiot. Takes after his mother’s people from the swamp. If Thaddeus ain't in the woods by Monday morning, the railroad cancels the contract, the ties rot where they lie, and the county don't collect sixty dollars in delinquent school tax that Vance owes since nineteen-thirty."

"Seventy-four dollars," Arthur corrected him. "With penalties and the constable's levy fee."

Higgins squinted up at Arthur through the dim, yellow gloom of the library. "You got too many figures in your head, Arthur. A clerk ought to have just enough figures to balance the daily fee book and not one damned cent more. Your father was the same way. He could tell you to the penny what the sheriff spent on hard biscuits for the lockup in ninety-eight, but he never let the numbers get in the road of an arrangement."

"My father is buried in the north churchyard," Arthur said. "And the county auditor is coming in June."

"The county auditor won't come if the roads stay like this," Higgins said, though the boast lacked its former starch. He reached into his coat and produced a folded slip of blue paper—the official bond form of the circuit court. It was already signed at the bottom in the judge’s bold, sprawling scrawl, though the spaces for the surety’s name and the amount of the recognizance were entirely blank.

"Take Vance out of the tank," Higgins said, handing the paper toward Arthur. "Tell Keel to turn him loose out the back door by the coal chute so the women from the temperance league don't see him walking across the square with his boots full of creek water. He’s bound over to the May term."

"On what charge, sir?"

"Trespass," Higgins said with an airy wave of his short, thick fingers. "Trespass on the railroad right-of-way. Ten-dollar fine, suspended during good behavior. And Vance gives five cords of split hickory to the courthouse furnace before the ground freezes."

Arthur didn't take the paper immediately. He stood with his hands at his sides, looking from the blue form to the stone jug, then to Miller, who had produced a small tin of snuff and was tapping the lid with a yellow fingernail.

"The uncollected road tax slips," Arthur said, "are in the tin box under the front counter."

Higgins’s eyes narrowed until they were almost lost in his purple cheeks. "What of 'em?"

"The receipt from Milepost 14 is with them," Arthur said. "The one with the initials."

The library became very quiet, save for the steady, mournful rhythm of the rain lashing against the leaded panes behind the law books. Miller stopped tapping his snuffbox. He looked down at his shoes as though he had suddenly discovered an interesting defect in the leather.

Higgins slowly withdrew his hand, letting the blue paper flutter down onto the arm of the chair. "Keel told me he gave that to you."

"He did," Arthur said. "I put it where he told me to put it."

"Then leave it there," Higgins said. His voice was lower now, stripped of its judicial bellow, cold and flat as a slate hearthstone. "There’s things that go through that siding that don't need your nib on 'em, Arthur. There’s people in Mercer—and people thirty miles north of Mercer—who don't care whether Thaddeus Vance pays his school tax or whether he drinks his mash through a straw. They care about the siding staying clear so the gravel cars can move when the road project starts in the spring."

"The gravel cars haven't run since thirty-one," Arthur said. "The spur was condemned by the state rail commission."

"The commission," Higgins said, "consists of three men who can be reasoned with by men who have more money than you or I will ever see entered on a probate inventory. The Blackwood Realty Corporation holds the lease on that switch until nineteen-forty. If that lease is broken because some half-starved constable finds a five-gallon keg in a blackberry patch, there won't be enough money in this county to pay your salary, Arthur. There won't be enough money to buy kerosene for them lamps."

Arthur took the blue form from the chair arm. The paper was slightly damp from the air, the ink of Higgins’s signature already smudging where his thumb had pressed it.

"I’ll enter the order," Arthur said. "Case No. 4412. The People v. Thaddeus Vance. Charge amended to misdemeanor trespass. Five dollars costs to the clerk; three dollars to the sheriff."

"And the five cords of wood," Higgins reminded him, his face relaxing slightly, the red returning to his cheeks like grease rising to the top of a cooling pot. "Don't forget the wood. Clyde says the south flues won't draft properly without split hickory to burn out the soot."

"I’ll tell Keel," Arthur said.

He turned to leave the library, but Miller cleared his throat—a small, rasping cough that sounded like dry leaves scraping over concrete.

"Arthur," Miller said, looking up with his watery, faded eyes. "You tell young Jesse to keep away from the lower culvert on his way home. The bridge at the creamery is loose on the piles. A man with a team might go through if he’s carrying more than his own skin."

Arthur paused at the low door, his hand on the lintel. "Jesse was dragging a cedar log, Mr. Miller. He wasn't hauling."

"He was hauling when I saw him at six this morning," Miller said softly. "He had four fifty-gallon drums of molasses under a load of marsh hay. Molasses don't grow on cedar trees in Blackwood County, Arthur. Not even when the river’s up."

Arthur said nothing. He stepped back into the record room, closing the door until the latch clicked home into its iron keeper.

The room smelled different now. The rain had driven the damp deep into the horsehair plaster, releasing an odor that Arthur remembered from his seventh year—the smell of old paste, wet coats, and the stale tobacco spit that dried into the corners of the baseboards during long terms of court. It was the smell of the county’s past, preserved in an airtight room where nothing was ever thrown away and everything was eventually given an exhibit number.

He walked over to the tall counter. Beneath it, the wooden cabinet door hung slightly ajar on its small brass hinges. He pulled it open.

The tin box sat where it always sat, tucked between two bundles of obsolete poll-tax receipts from 1912. It was an old lard tin, square and blue, with the image of a fat white sow lithographed on the lid, though the paint had long since chipped away around the rim. Arthur lifted the tin out and set it on the zinc counter.

He didn't open it. He could see that the lid had been moved; the thin line of gray dust that had sealed the seam for five years was broken. A tiny smear of yellow river clay—the same clay that had been on Deputy Gidley’s boots, and on the bottom of the Vance jug—clung to the rolled rim of the tin.

Arthur opened it anyway.

The uncollected road tax slips were there, their yellow parchment corners curled with age like dried bacon rinds. Beneath them, tucked into the corner where he had dropped it twelve hours before, was the greaseproof paper.

It was still folded. But it was no longer alone.

Beside it lay a second piece of paper—a standard printed railway bill of lading from the Pere Marquette Line, dated three days earlier. It was stamped with a red ink seal that read HELD FOR RELEASE - Mercer Yard.

Across the center of the bill, in the same tight, crabbed hand that had written the voucher for the seven casks, was a single pencil notation:

Car No. 8814. Sugar. Four hundred bags. Consigned: B.R. Deliver to siding Milepost 14 upon payment of freight charges to Clerk, Blackwood Co.

Arthur took the bill out and held it up to the gray morning light coming through the high window.

Four hundred bags of refined white sugar was enough to supply every kitchen in Blackwood County for sixteen months. In November of nineteen-thirty-four, when the timber mills were running two days a week and the grocery in town was carrying three hundred families on credit for cornmeal and lard, four hundred bags of sugar did not belong to a kitchen.

It belonged to forty copper stills hidden in the hemlock bottoms along the river, where the smoke from the charcoal fires was beaten flat by the rain so the game wardens couldn't see it from the fire towers.

And the freight charges were to be paid to the clerk.

Not to the railroad agent. Not to the bank. Not to the sheriff.

Arthur laid the bill back in the tin box. His hand was perfectly steady. The steel pen had done its work on his fingers; they did not shake when they touched paper, no matter what was written on the lines. A clerk did not decide what came through the freight siding; a clerk merely noted that the document had been presented, that the fee had been collected, and that the appropriate folio had been stamped with the county seal.

He took his pocketknife from his vest, scraped the tiny pellet of river clay off the lid of the box, and flicked it into the wastepaper basket under the counter. Then he set the tin box back in the cabinet, shut the door until the wooden catch turned, and walked back to his desk.

Down below, on the ground floor, he heard the iron door of the cell block clang open.

It was a heavy, mournful sound that echoed up the open stairwell, followed by the wet, slapping tread of boots on stone. Thaddeus Vance was being released. There was no sound of conversation, no expression of gratitude, only the scrape of iron against concrete and the wet cough of a man who had spent fourteen hours on a hemlock bench with two inches of seepage around his heels.

A moment later, through the window, Arthur saw him.

Vance was fifty, but he walked like an old horse that had been worked through the stumps until its hocks were sprung. He wore an ancient coat of faded butternut wool, pinned across his chest with an iron blanket-pin. He didn't look up at the courthouse windows. He kept his head down against the rain, his beard tucked into his collar, his hands thrust deep into his pockets. He turned down the alley that led to the livery stable, where his team was likely standing in the muck, waiting to be hitched to the timber skid.

Behind him, fifty paces back, walked Deputy Lester Gidley, his rifle tucked under his arm beneath the wet mackinaw, walking with that slow, deliberate county strut that meant he was neither following a man nor letting him out of his sight.

Arthur sat down. He pulled the Miscellaneous Record Book across the desk, opened it to Volume 18, and dipped his steel pen into the black ink.

He did not write the railroad car number. He did not write the four hundred bags of sugar. He did not write the name of the Blackwood Realty Corporation.

He turned to the section reserved for Certificates of Estray and Impounded Cattle, where the law required the clerk to keep an accounting of all stray hogs, bull-calves, and horses taken up within the bounds of the county.

At the bottom of page ninety-two, in the small, modern hand that was as clear and cold as a winter brook, he wrote:

Nov. 15, 1934. Taken up by the Sheriff in the north hollow: One team of red mules, unmarked, with timber skid and chains. Claimed by T. Vance upon payment of costs, $8.00. Satisfied in open court.

He blotted the line with the wooden rocker.

From the hallway came the sound of Judge Higgins’s Essex coach starting up in the alley. The motor turned over three times with a dry, grinding shriek of the starter, caught with a roar that shook the glass in the transom, and then settled into an uneven, chugging throb that died away as the machine plowed through the gray mud of Court Street, heading south toward the river road.

Arthur put the rocker aside, wiped his pen with a piece of wool, and picked up the probate notices. There were fourteen estates to be closed before the circuit court adjourned for the winter, and every one of them required three signatures, two seals, and forty-five cents in postage to the register of deeds. The dead of Blackwood County were patient, but the state examiner was not, and Arthur had six pages of inventory to complete before the noon train blew its whistle at the crossing.


This is a sample preview. The complete book contains 27 sections.