Evan Hunter - The Paper Dragon

"Yes, certainly," McIntyre said.

"Well, in the actual campaign for Eniwetok, the 106th was the United States Infantry Regiment that made the assault, and the other forces involved were the 22nd Marine Regimental Combat Team, and a temporary command echelon called Tactical Group One — this was all in February of 1944 when I was there on the island. I was attached to C Company, and I guess you know that Army companies are broken down into platoons and then squads, as was the Army company in my play. A squad consists of twelve men, and that's the number of soldiers I focus attention on in my play — this was done because of technical reasons, I wanted to get a microcosm of the Army into this relatively small group of men. When I started writing the play, however, I thought it would be best to use a fictitious infantry division, so I—"

"Why did you want to do that, Mr. Consantine?"

"I didn't want to run into any possible trouble with the Army, or with the inadvertent use of names that might possibly belong to real men who had been in the 106th Regiment during the Eniwetok campaign."

"You were afraid of possible lawsuits, is that it?"

"Yes, I didn't want to libel anyone who might be an actual living person. So I invented a division, and I called it the 105th, the digits one-oh-five, and I almost changed the name of the atoll to a fictitious one. That is, I almost changed it from Eniwetok, but I decided that would be taking too much historic license. So I didn't, after all. But I would like to say that there were only sixty-seven infantry divisions in the United States Army at that time, and that there was not then during 1944, nor was there during the Korean conflict, nor is there today at present an Army infantry division called the 105th. That's important when we come to compare this with The Paper Dragon ."

"Would you explain that, please?"

"Well, the actual Army divisions involved in the battle for Korea when the Chinese began their Ch'ongch'on River offensive were the 2nd, the 24th, and the 25th. There was no 105th Division involved because there is no such division in the United States Army. The novel The Paper Dragon is set in Korea during October and November of 1950, prior to and during the Chinese offensive across the Ch'ongch'on. It is significant to me that James Driscoll chose to call his division in his novel the 105th, the identical number I chose for the division in my play. I think it's safe to say that the possibility of coincidence involving those three digits, one-oh-five — the odds against hitting on those same three digits accidentally and in sequence would be staggering. Yet those same three digits are used to label a division in my play and in the novel." Arthur paused, and then looked up at the judge. "That's all I have to say about the similarities between the two works, the three works when we include the movie."

"Your Honor, may I now offer copies of the various charts?" Brackman asked.

"Does anyone object?"

"No objection," Willow said, "if Mr. Brackman will tell us which chart is which."

"I offer this chart titled Plot Similarities."

"Do we understand that these charts represent Mr. Constantine's complete list of similarities?" Willow asked

"These three charts include each and every similarity Mr. Constantine found between the works in question. We have one additional chart listing the similarities between the play and the movie, and I would like to offer that as well."

"I would like to have it understood that these charts were prepared by Mr. Constantine, and are being offered to show James Driscoll's access to the play The Catchpole ," Willow said.

"It's Catchpole " Arthur said.

"What?"

"It's Catchpole . There's no article. It's not 'The' Catchpole ."

"Oh. I'm sorry," Willow said. "But are we clear as to their offer?"

"We are clear, Mr. Willow," McIntyre said.

"The second chart is labeled Character Similarities."

"Mr. Brackman, we did not get the number designation of the first chart."

"Plot Similarities is — do you have the number?"

The clerk consulted his notes. "Plaintiff's Exhibit 5 is Plot Similarities," he said. "Character Similarities is Plaintiff's Exhibit 6."

"Then this chart," Brackman said, "Language Similarities, would be number 7. The last chart, Play and Movie Similarities, is number 8."

"That's correct."

"No objection."

"No objection."

"Does that conclude the direct, Mr. Brackman?" McIntyre asked.

"It does. Defendants may examine."

"In that case, I would like to recess until ten a.m. tomorrow morning, at which time you may begin the cross-examination, Mr. Willow."

"This court is recessed until ten tomorrow morning," the clerk said.

"I don't know why you let him do that to me," Arthur said outside the courthouse. He was watching the oncoming traffic for a taxicab, his eyes squinted against the strong wind, his back to Brackman, who stood with his gloved hands in his coat pockets, homburg tilted down, muffler tight about his throat, heavy briefcase resting beside him on the sidewalk.

" You let him do it," Brackman said. "You walked right into it."

"You should have stopped him. You're my attorney."

"You were your own attorney at that point."

"I was getting angry."

"Yes. So you attempted to argue your own case. That was a brilliant move, Arthur, absolutely brilliant."

" Someone had to argue it. You certainly weren't."

"Thank you, Arthur."

"Don't get petulant, Sidney. Petulance is unbecoming on a middle-aged man."

"Yes, and ingratitude is unbecoming on a man of any age."

"If we win this case…"

"If we win this case, I'll be amply rewarded, yes. If we win it. In the meantime, it's cost me a considerable amount of time and money, and I would appreciate your letting me handle it from now on."

"I didn't think McIntyre was being fair. He can't—"

"He can do whatever he wants in his own courtroom."

"But he has to be fair."

"No, he only has to be judicious."

"I still think he was rushing us," Arthur said, and raised his hand to signal an empty cab.

"Let it go by," Brackman said. "I want to talk to you."

"I have to get to the theater."

"The theater can wait. Let it go by."

Arthur waved the taxi away and turned wearily to Brackman. "What is it?" he asked.

"Arthur, do you want to lose this case?"

"You know I don't."

"You can lose it if you're not careful."

"I thought you said…"

"Yes, that we had an airtight case. But believe me, Arthur, you can lose it. And one sure way of losing it is to antagonize the man who'll be making the decision. That's one sure way of slitting your own throat."

"I'm sorry."

"Tomorrow's going to be a rough day, Arthur. Willow—"

"I said I was sorry."

"Willow is not on our side, you know, and he'll do everything he can to rattle you and confuse you and make you lose your temper. I want your promise that under no circumstances will you again address the judge personally, not to ask him any questions, not to offer any explanations, not for any conceivable reason. I don't even want you to look at him, Arthur, I want your promise on that."

"I promise," Arthur said. "I have to get to the theater."

"Can you be here at nine-thirty tomorrow?"

"I guess so. Why?"

"There are a few matters I want to discuss when you're not in such a hurry."

"All right, I'll be here."

"Nine-thirty," Brackman said. "There's another empty one, grab him."

"Can I drop you off?"

"No, I'm going east."

The taxicab pulled to the curb. Arthur opened the door, and then said, "Judicious is fair."