Chapter Thirty Eight
I licked my lips in an attempt to wet them, but I barely accomplished my goal as my mouth had grown dry from hours of questioning from the defense attorney. I looked into the courtroom crowd where Darry, Sodapop, and Owen were sitting in the front row. I sat up in my chair and wished Ponyboy could have been there, but Mrs. Dillard had to take him back to Barrington to collect his things and release him from the boys' home.
Across the room the tall, dark haired defense attorney peeked at his notes, and continued to attempt to weave together his fictitious tale. "Outside the diner, Owen Jasper demanded you stay in the car as he planned to confront Mr. Young. Is that correct?"
"Yes, Sir." I replied into the microphone.
"Then James Young demanded you get out of the car. Is that correct?"
I shifted my weight in the chair and answered, "Yes, Sir."
"Tell us, Miss Curtis, did you get out of the car."
"Yes, Sir, but only because James threatened to hurt Owen if I didn't get out."
The defense attorney glanced at the jury hoping they were following his line of questioning. The attorney turned back to me. "So you did as James Young asked you to."
"No, Sir…" I began.
The defense attorney interrupted, "but you stated that James Young ordered you to get out of the car. Isn't that correct?"
I took in a deep breath hoping to keep from becoming frustrated with the man. "I chose to get out of the car because I hoped if I did James would go away without fuss."
"Because you didn't want James there."
"That is correct." I nodded my head.
"Because you didn't want Mr. Young and Owen Jasper to be in contact with each other?"
I furrowed my brow. "Because I was in fear that James planned to hurt Owen."
The attorney unbuttoned the jacket of his black suit coat and stuffed his left hand into the left pocket of his trousers. "The police were called to the scene, were they not?"
"They did arrive at the diner. That is when James ran away."
"Tell us, Miss Curtis, when the police officer asked if you would like to press charges against James for threatening you what did you say?"
I sighed heavy as I recalled my poor decision on that afternoon, "I said no."
"You stated in your testimony that you were in fear that my client planned to harm Owen Jasper, but when given the opportunity to have my client thrown in jail, at least for the night, you declined. Is this true?"
I tried to clarify the situation. "You don't understand. It's more complicated than that!"
"Isn't it true that you didn't press charges because you planned to meet up with James later that evening, and you two couldn't have done that if you were to have him arrested?"
I frowned at the suggestion. "That is not true!"
"So you are denying that you had plans to meet James for a romantic rendezvous that evening?"
"I can't deny something that isn't true. I would never make a date to be with James." I said and looked over at my empty water glass and wished it was full.
"Isn't it true that your older brother and legal guardian, Darrel Curtis, did not approve of James Young?"
"Objection," My attorney called out, "Hearsay!"
"Overruled," the Judge claimed and looked to the defense to ask his question again.
"Is it true that Darrel did not approve of James Young?"
"Upon occasion." I said slyly to try to avoid my answer being twisted by the defense.
"Darrel would not approve of you choosing to date James, would he?"
"I would not approve of dating James Young." I stated defiantly.
"Miss Curtis, please answer the question. Yes or no, would your brother approve of you dating James Young?"
"No, he would not."
"This is precisely why you and James had to keep your relationship a secret. Isn't it?"
I looked across the room at Darry in time to see him shake his head in disgust. I remembered that he warned me that the defense was planning to create an entirely different scenario to discredit the truth. Angered I looked at the man and raised the level of my voice, "There was no relationship, so there was no secret!"
"Miss Curtis, have you ever kissed James Young on the lips?"
I answered, "yes, but that was a year ago!"
The attorney smiled at me. "Miss Curtis, did you and James ever drink alcohol together?"
Stunned by the question my lips parted as I considered how to answer. Again, I looked to Darry in the front row of the courtroom and felt defeated in knowing that my answer, although true, would disappoint him. I answered softly, "one time, over a year ago."
I watched Darry's eyes widen in surprise while he maintained composure.
The attorney smiled at my response, then continued with his line of questioning. "Tell us, did you and James kiss after illegally consuming the alcohol the two of you drank together?"
"Objection, asked and answered." Mr. Berta casually called out if only for a diversion.
The defense attorney looked to the Judge. "Your Honor, this question is relevant to the relationship in question between Miss Curtis and Mr. Young."
"I'll allow it." The Judge responded and sat back in his chair to wait for my answer.
"Miss Curtis," the defense attorney asked again, "did you and James kiss after illegally consuming the alcohol you admitted to sharing with him?"
I frowned and looked to the man. "Yes, but that was a year ago too."
"Tell us, after drinking the alcohol did you then lay on the sofa inside James' house and allow him to kiss you?"
I glanced over at James and noticed his grin as I answered, "Yes."
The defense attorney quickly asked, "Did you allow James Young to lay on top of you and kiss you?"
I furrowed my brow and tried to think ahead to what type of tale the attorney was attempting to weave. "Yes, but we both had all of our clothes on."
"So the two of you had been intimate before the moment in the laundry mat."
"If by intimate you mean kissing an insignificant boy on the sofa at his house a year ago, then yes."
"Isn't it true that you and James were intimate several times after that day?"
"No!"
"In fact, you and James were forced to keep your relationship a secret because of your brother's hatred toward James, weren't you?"
"There was no relationship between James and me!"
The defense attorney raised his voice and began his barrage of questions to build his reasonable doubt. "When you got out of the car at the diner it was to tell James Young where to find you that night, wasn't it?"
"No! I didn't even know I would be at the laundry mat that night."
The defense attorney ignored my answer and continued, "That is why you didn't tell the police about him, you wanted to protect him. Isn't that true?"
"No! That is not true." I looked at the man, and then to Darry to see if he was becoming worried as to where the questioning was leading.
The defense attorney picked up his yellow legal pad, pretended to read, and then asked, "Miss Curtis, you like to play rough, don't you?"
"I beg your pardon?" I asked in repulsion.
"You play tackle football with boys, don't you?"
"Yes, upon occasion." I minimized.
"Tackle football can be kind of rough, can't it?"
"I suppose so."
"In your testimony about the alleged attack at the laundry mat you stated James pushed you to the ground and pulled your blouse open with one hand. Would you agree this is a rough way for a boy to treat a young girl?"
"Absolutely!"
"He then reached under your skirt and removed your undergarment all while holding a knife to your throat. Is that correct?"
"Yes."
"So you are stating that James Young is so strong that he was able to hold your body to the ground with only one hand?"
"No, Sir."
"No?" The attorney seemed pleasantly surprised by my answer, "Then why didn't you flee?"
"Fear." I simply said.
"Fear of what?"
"Fear that James would use his knife on me."
The man walked to the middle of the courtroom, and again he causally stuck one hand in the pocket of his slacks, and asked. "Did you believe at anytime during this moment that James Young had planned to kill you?"
I gave direct eye contact to the questioning attorney, and spoke into the microphone. "I believed it was possible."
"So, knowing you could possibly die you didn't fight back harder?"
"I did fight back. I fought and screamed as hard as I could. He was just too strong, and just to threatening."
The defense attorney threw out his hands in disbelief. "Did you ever try to cripple your 'so called' attacker by gouging out his eyes or biting him or stabbing him with the knife?"
"Objection, Your Honor, compound question." Mr. Berta called out from behind the prosecution table.
The Judge looked at my attorney. "Sustained."
"I'll rephrase, Your Honor". The defense attorney assured the Judge. He then looked to me. "Miss Curtis, while being attacked did you ever attempt to cripple James Young in defense of yourself?"
"I don't remember having the opportunity to do anything other than trying to keep him from removing anymore of my clothes, and avoiding being injured by his knife." I looked over at Sodapop and I could see the worry on his face as he listened intently to the cross examination.
"Did you ever consider gouging his eyes out with your fingers?"
"No, Sir."
"Did you consider trying to stab James with his own knife so you could get away from him?"
"No, Sir, I never saw a way I could get a hold of the knife."
"So you never considered permanently disabling James Young so he couldn't harm you any further?"
"I attempted to fight him off as best as I could."
"Really?" The defense attorney questioned me before I had finished my response. "Isn't the truth that you didn't really want to harm James Young because you truly care for him?"
"No!" I said with defiance.
"No, you don't care about him?"
"No."
"So you do care for him?"
"No... I mean, you're messing this all up."
"Objection, Your Honor, leading the witness." Mr. Berta called out.
"Sustained," the Judge responded.
The defense attorney regrouped his thoughts and began again. "Let me ask a clear yes or no question. Do you care at all about James Young?"
I sat back in the wooden witness chair and tried to determine where the question was headed. If I said no, was I a liar, because in actuality I did care for him in the capacity that most humans care somewhat for everyone. If I said yes, I would help the defense to solidify their story for reasonable doubt. I looked over at James who was staring directly at me then I threw my attention back to James' attorney. "I feel sad for him."
"Miss Curtis, it is a yes or no question. Do you care at all about James Young?"
I took in a deep breath and let it out slowly as I realized I was stepping into a rhetorical trap. I wanted to answer no, but I had already suggested a feeling toward the boy. Just before I was about to answer I was interrupted.
"Objection, ambiguous," Mr. Berta called out.
"Overruled, but I'll consider the question asked and answered by her previous response." The Judge ruled, and then he looked to his court reporter. "Ms. Swanson, could you please read back the witness's last answer."
The court reporter pulled at her ticker tape, read the answer, and repeated my words for the court. "I feel sad for him."
Without missing a step in his questioning the defense attorney continued to muddle the truth. "And are those feelings that you have for James Young also the reason why you didn't stop him from stabbing your brother?"
"Objection, Your Honor!" My attorney called out, "leading the witness!"
"Overruled, I'll allow the question." The Judge turned and looked down at me. "Please answer the question."
Defiantly, I snapped back an answer. "No! I couldn't stop him because James was trying to choke me to death. I couldn't breath enough to stop him, or I would have tried."
"Isn't it accurate to say that you truly care about James and you had suggested he meet you at the laundry mat when he approached you at the diner that afternoon?" I answered no, but the attorney continued so loudly and rapidly that my response could barely be heard over his rant. "It was you who wanted his affection and when your brother left the laundry mat James rushed in and in a moment of passion you begged for him to take you quickly and rough the way you liked to play boys?"
My lip began to quiver with rage as I shook my head in denial and muttered the word no.
The attorney ranted forth. "It was you who ripped open your blouse while James did as you asked and removed your panties in an attempt to satisfy your urges, and when your brother walked in you knew he would disapprove and James had no choice but to protect you from the sheer rage your brother was planning too unleash on you for your indecent behavior! Was it not?"
"No," I struggled to hold back my urge to sob, "None of that is true. Not a word of it."
James' attorney fell silent for a moment and wandered over closer to the jury. "Miss Curtis," he paused long enough to allow me to wipe my eyes and take better control of my anger. "Miss Curtis, are you a virgin?"
"Objection!" My attorney called out and stood up at his table. "There is no need for this kind of questioning."
"This is direct line of questioning as to Miss Curtis' personal character and desires that may have lead her to seduce my client and convince him to harm another man in her honor."
I looked to the Judge, who took a moment to think about the attorney's reasoning.
The Judge then responded out of my favor. "Although I am not personally in favor of the question, I must consider the current line of questioning. Taking into account the plausibility of your defense I'll have to allow it."
The courtroom filled with a soft mutter of astonishment.
The Judge smacked his gavel down hard on the sound block and called for order in the court. The people in the courtroom became silent and all eyes fell back upon me as the attorney repeated his question. "Miss Curtis, are you a virgin?"
My mouth dropped open I shock, but the truth hung in silence. Immediately, my eyes met up with the shocked expression on Sodapop's face. The two of us stared at each other. We both knew we were the only two people in the room who knew the truth to the question. I considered lying and wondered if Sodapop would ever forgive me. Then I imagined what would happen if they asked Sodapop the same question, or called anyone else in the gang to the witness stand to determine the truth. I knew I couldn't lie and force the rest of the gang to do the same. I knew that if I refused to answer I could be held in 'contempt of court' and I would probably never return to the custody of my family if I did so.
The defense attorney cued me to give an answer out loud and help him further establish reasonable doubt. "Miss Curtis, your answer please?"
My response was quiet, but heard by everyone. "No."
The room buzzed with chatter.
I looked over to Darry and noticed his head whip around toward Owen who was sitting on the other side of Sodapop. Owen seemed just as shocked by the news as Darry was.
I watched as Owen looked at my oldest brother and shook his head in denial. I could tell that Darry believed him as he looked back to me and then glanced at Sodapop and realized that Soda was not shocked by my answer, and that his little buddy had known the truth all along.
On the stand I wiped away tears and silently cursed myself out for being nothing more than a tramp then the questioning attorney grinned a little and turned towards the jury. "No further questions, Your Honor."
"Your Honor, redirect?" Mr. Berta called out from his seat.
I jerked my head up to look at him. I was sure I looked like a fool and I wasn't interested in answering any more questions.
"You may re-direct." The Judge responded.
Mr. Berta stood up and walked to the middle of the courtroom before starting his questioning. "Miss Curtis, have you ever had sexual intercourse with James Young?"
I wiped my eyes and cleared my throat before I answered, "'No, Sir."
"Tell me, how many times have you participated in the act of sexual intercourse?"
"Once." I answered and sniffled back my emotions.
"Do you love James Young."
I sat up and spoke clearly into the microphone. "No, I don't and I never have."
Mr. Berta flashed a smile at me in an attempt to comfort me. "Scout, do you love your brother, Darrel?"
"Yes I do," I felt my throat tighten as I lookers across the courtroom at my brother and clearly said, "with all my heart."
"Scout, would you ever want to see your brother, Darrel, hurt?"
"No, Sir, not in a million years." I answered with a faint smile, and swallowed hard to hold back my tears.
Mr. Berta stood silent a moment with a smile on his face the. He looked to the Judge and said, "That is all Your Honor."
The Judge looked across the courtroom at the defense table and asked, "Counsel?"
The defense attorney replied, "That is all Your Honor."
The Judge looked down at me, and I thought I was going to die of shame. Then he said. "Miss Curtis, you may step down."
I rose from the chair and my legs shook so badly I was sure everyone could see them. I walked across the courtroom and took a glance at James who called out, "I always knew you were my kind of girl!"
The Judge heard the comment. He banged his gavel on the plate and ordered James to sit quietly or return to jail.
James grinned.
I walked through the gate to the gallery seating and felt my stomach grow ill. All of my emotions squeezed my insides so hard that I could only put my hand to my mouth and walk briskly past my family and out of the courtroom. In the hallway, I headed straight for the steps as visions of how I had disappointed Darry, destroyed the case, and possibly ruined my relationship with Owen raced through my mind.
My feet rapidly descended the marble steps and I threw my body into the glass exit door to push it open and escape to the outside world. I walked along the sidewalk that lead to the parking lot and wiped tears from my cheeks.
I didn't hear the footsteps come up quickly from behind me and I jumped when I heard Owen's words. "Scout, wait up."
I stopped, but I was too ashamed to turn around and face him.
Owen stopped directly behind me. "Darry wanted to me to make sure you didn't run off."
Hearing my brother's name, I began to weep.
Owen looked around at the public who were watching him. Knowing better than to remain a spectacle he placed his hand on my back and lightly pushed me in the direction of the parking lot as he said, "Come on, let's wait by your car."
I walked alongside of my boyfriend and asked through me tears, "Are you mad?'
Owen shrugged a moment then answered. "Mad? No. Just … just surprised."
"I'm sorry." I cried out quietly.
Owen didn't say anything for a minute and when we reached our car he spun me around face him. I lowered my stare to the ground. Owen rested his hand on the car behind me, and seemed to wince in pain when he requested further information from me, "just tell me it wasn't with Jackson."
I looked up at the well dressed young man and answered with a frown, "It wasn't with Jackson. It wasn't even with someone I know."
Owen stepped close to me and wrapped me in his arms. He whispered to me, "Don't worry, Scout, it's all going to be alright."
"Scout!"
I recognized Darry's voice as he came close.
Owen let go of me and stepped away leaving me to face my brother on my own.
Darry walked right up to me. "Are you okay?"
Wide eyed I looked up at my brother and nodded.
Darry stepped to me and gathered me up into a tight hug. "You did good, Sissy. You did real good!"
After a moment, my brother let go and we looked up at each other. I waited for the scolding, but it never came. Instead, my brother smiled at me, tussled my short hair, and said, "Come on, let's go on home."
I looked over at Sodapop, and he calmly smiled at me before he climbed into the car.
I realized that there are some times in life when you just take a breath and move on from poor choices, and my brothers were allowing me to do that with this one. I smiled back at Sodapop and climbed into the front seat of the car.
