THE SIMPLE TRUTH

Until tonight. He swelled his lungs with rain-drenched air and stared out the half-open window. He was suddenly that still rare beast: an innocent man in prison.

He had convinced himself over the years that such evil had been lurking, cancerlike, within him. He had even thought of suicide, to make penance for stealing the life of another, more pitiably a child’s. But he was deeply religious, and not a fleeting jailhouse convert to the Lord. He thus could not commit the sin of prematurely forcing his last breath. He also knew the girl’s killing had condemned him to an afterlife a thousand times worse than the one he was now enduring. He was unwilling to rush to its embrace. Better this place, this man-made prison, for now.

Now he understood that his decision to live had been right. God had known, had kept him alive for this moment. With stunning clarity he recalled the men who had come for him that night at the stockade. His mind once more clearly held every contorted face, the stripes on the uniforms some of them wore — his comrades in arms. He recalled the way they circled him, wolves to prey, emboldened only by their numbers; the telling hatred of their words. What they had done that night had caused Ruth Ann Mosley to die. And in a very real sense, Harms had died as well.

To these men Harms was an able-bodied soldier who had never fought in defense of his country. Whatever he got, he deserved, they no doubt believed. Now he was a middle-aged man slowly dying in a cage as punishment for a crime of long-ago origin. He had no power to see that any semblance of justice was done on his behalf. And yet with all that, Rufus Harms stared into the familiar darkness of his crypt, a single passion empowering him: After twenty-five years of terrible, wrenching guilt that had relentlessly taunted him until he was just barely in possession of a ruined life, he knew that it was now their turn to suffer. He gripped the worn Bible his mother had given him, and he promised this to the God who had chosen never to abandon him.

CHAPTER TWO

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The steps leading up to the United States Supreme Court building were wide and seemingly endless. Trudging up them was akin to laboring toward Mount Olympus to request an audience of Zeus, which in a real sense you were. Engraved in the facade above the main doorway were the words EQUAL JUSTICE UNDER LAW. The phrase came from no significant document or court ruling but from Cass Gilbert, the architect who had designed and built the courthouse. It was a matter of spacing: The words fit perfectly into the area designated by Gilbert for a memorable legal phrase.

The majestic building rose four stories above ground level. Ironically, Congress had appropriated the funds to construct it in 1929, the same year the stock market crashed and helped bring on the Great Depression. Almost a third of the building’s $9 million cost had gone to the purchase of marble. Pure Vermont was on the exterior, hauled down by an army of freight cars; crystal-lined Georgia rock padded the four interior courts; and milky Alabama stone lay over most of the floors and walls of the interior, except in the Great Hall. Underfoot there was a darker Italian marble, with African stone in other places. The columns in the hall had been cast from blocks of Italian marble quarried from the Montarrenti site and shipped to Knoxville, Tennessee. There ordinary men struggled to cast the blocks into thirty-foot shapes to help support the building that had been the professional home to nine men since 1935 and, since 1981, to at least one woman, all of extraordinary achievement. Its supporters deemed the building a fine example of the Corinthian style of Greek architecture. Its detractors decried it as a palace for the insane pleasures of kings, rather than a place for the rational dispensation of justice.

And yet since John Marshall’s time, the Court had been the defender and interpreter of the Constitution. It could declare an act of Congress unconstitutional. These nine people could force a sitting president to turn over tapes and documents that would ultimately lead to his resignation and disgrace. Crafted alongside the legislative authority of the Congress and the executive power of the presidency by the Founding Fathers, the American judiciary, headed by the Supreme Court, was an equal branch of government. And govern it did, as the Supreme Court bent and shaped the will of the American people by virtue of its decisions on any number of significant issues.

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