Dilman’s managers displayed little concern about Article II. Their interrogation of Julian Dilman had convinced them that he had never been a member of the Turnerite Group, and that even if he had been, there could be no proof that the President had conspired with his son and the subversive Negro organization to obstruct the Department of Justice.
However, Dilman was surprised at the massive dossier his managers had assembled in an effort to knock the underpinnings out from under Article III, an omnibus of scandalous accusations. They had put such extra effort into their rebuttal of this charge not because they believed the charge had legal substance, but because they saw that it might have effective propaganda value for the prosecution. First, they had investigated Sally Watson’s entire erratic history, but apparently Senator Hoyt Watson’s long influential arm had thwarted them at every turn.
As to answering Miller’s allegation of the President’s extramarital affair with Miss Gibson, the success or failure of the defense would depend entirely on how Miss Gibson conducted herself testifying and under cross-examination on the witness stand. In replying to the House charges of Congressional contempt, Negro favoritism, alcoholism by Dilman, once more the defense managers were ready to rest their case entirely on the impression made by their own eye-witnesses and expert deponents.
It was Article IV, Dilman observed, that continued to disturb his managers the most. This would resolve itself into a battle over the constitutionality of the New Succession Bill, and the degree to which Congress might ever be permitted to limit the powers of the executive branch.
To reinforce his rebuttal of Article IV, Nat Abrahams had, the morning after accepting Dilman’s defense, insisted that the President make a new appointment to the office of Secretary of State, thus replacing Eaton. After hours of indecision, Dilman had finally settled upon Jed Stover, the Assistant Secretary for African Affairs, as the career diplomat best qualified to succeed Eaton. Happily, Stover had been enthusiastic about permitting his name to be used in this token gesture. Not unexpectedly, the Senate, without seriously considering Stover’s appointment while in committee, had rejected the replacement with a heavy vote. Then, to put their rebuke of the President indelibly on the record, the Senate had again declared Dilman’s removal of Arthur Eaton illegal, and had sustained Eaton as Secretary of State (and next in line to the Presidency) until the disagreement could be resolved during the trial of impeachment. As a gesture, Abrahams had submitted the issue of the unconstitutionality of the New Succession Bill to the Supreme Court, aware that it could not be considered before the impeachment trial ended.
Fort forty minutes, Dilman heard out the give-and-take on these points among his managers, offering only an occasional comment himself. Now, glancing at the marble-encased clock, with its time-piece, calendar, barometer, a clock that went back to the time of Ulysses S. Grant, Dilman could see that it was almost a quarter after eight.
As the morning’s vital strategy session approached its conclusion, Dilman studied the men whose clever minds, vast legal experience, honest interest in justice would represent him before the bar.
Dominating the four, of course, was Nat Abrahams himself, chestnut hair rumpled, seamed profile drawn, long frame slouched into the heart-backed Victorian chair, as he chewed the hard rubber stem of his briar pipe and listened. His trusted junior partner, a brilliant graduate of the University of Chicago School of Law, was animatedly speaking. Felix Hart was deceptively callow-looking, cherubic, ebullient, imitative of Nat’s careless manner of dress-deceptively, because his easy outer aspect hid a pertinacious, clawlike, investigative brain. It was he who had supervised and directed the dredging up of all of Dilman’s earlier life in the Midwest, trying to pinpoint what might be harmful to their case and at the same time watch for what might be useful.
Listening, also, was the elder statesman of the quartet, the renowned Walter T. Tuttle, a onetime Attorney General during The Judge’s administration, whom The Judge had rousted out of recent retirement to join the defense team. A courtly old-school gentleman in his late seventies, Tuttle had a countenance as American as any that had been sculptured on Mount Rushmore. The opaque eyes screened a slow but direct mentality. The tone of his utterances was dry, yet often tart. Tuttle’s affectation was not that he was a country squire, which he was, but that he was a farmer in citified clothes, which he was not. He had been widely quoted for a remark made during his service in The Judge’s Cabinet, that he “always avoided any dinner where there were three forks beside the plate.” His specialty was constitutional law, and as a youngster he had sat behind his father, an eminent attorney turned congressman, when his father had been one of the House managers trying Judge Halsted L. Ritter before the Senate during the Seventy-fourth Congress, in 1936. Judge Ritter had been impeached, like Dilman, on four articles. Acquitted on all but one charge, which was that of “misbehavior” in office, he had been found guilty by the Senate and removed from office.
Speaking now was the fourth of Dilman’s managers, a slight, pensive attorney still in his thirties named Joel Booker Priest. Conservative and immaculate, Priest had attended every meeting with his slick, shiny hair smoothly in place, his person exuding a pine-scented cologne, and his body always garmented in one of his costly single-breasted suits. Joel Booker Priest was a Negro, of dark tan complexion, who now and then had handled special cases for Spinger and the Crispus Society. His law firm was in Washington, and quietly, but with the eager persistence of a bird dog, he had retraced Dilman’s life in the capital city and had attempted to ferret out what Miller, Wickland, and the other opposition managers were planning to present to the Senate.
Observing Joel Priest this minute, as he tried to surmise the House’s case in support of Article IV, and as the others hung on his every word, Douglass Dilman was incredulous at how much he himself had changed in short days. Not long ago, the very thought of a Negro defending him in any action would have been frightening. It was Spinger who had suggested Priest’s services to Abrahams, and Abrahams who had then studied the Negro lawyer’s career and met him. And when Abrahams had recommended him, surprisingly, Dilman had asked only one question, “Why do you want him, Nat, because you think it might look good to have someone of my own color on the team?” Nat had snorted, “I want him because he’s good .” And Dilman had replied, without reservation or hesitancy, “He’s hired.”
Suddenly Dilman was aware that the others were pushing back their chairs and standing.
“Well, that’s it, gentlemen,” Nat Abrahams said. “We’re as ready as we’ll ever be. Remember, we’ve been assigned the Vice-President’s formal office next to the Senate Reception Room for our private headquarters. They’re turning over two of the late Vice-President Porter’s other offices for our stenographers and researchers, but the formal office will be the brain center. You can unpack there. I’ll catch up with you about eleven, and we can have a quiet lunch together, and then be ready for the fireworks at one o’clock. Oh, there’s another thing, Mr. Tuttle-” Abrahams turned to Dilman. “Mr. President, I’d better walk with them to the elevator. Then I’d like to come back and have a few more words with you alone. Can you spare ten minutes?”
Dilman nodded. “Certainly, Nat. I think I’d better get dressed first. I’ll only be a short time. I’ll meet you in here.”
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