The University of Texas at Austin

Law in Popular Culture collection

Legal Studies Forum
Volume 29, Number 1 (2005)
reprinted by permission Legal Studies Forum
 

KATE NACE DAY
________________________________
THE LAST HIDING PLACE IN SNOW

     There was Bertie sitting in the dirt yard.  He was rocking slowly back and forth and held an old orange life preserver in the crook of his right arm. The life preserver was torn and rust-stained. In big black letters it bore his grandfather's name, James. Bertie was imagining himself on Grampa's boat. He rocked harder. He gripped his knees like gunnels and pushed his face into the wind. His white blond hair stuck straight up and he held his breath. Back and forth, the waves thrilled him. It was the beginning of the first summer when he was aware of time and things changing. Bertie was six. 
     He lived in the little house across the yard with his mother and half-sister Edith. They all looked a little alike, but he and Edith had different fathers. Her father had died before she could remember him and his father had run off no one knew where. Costa Rica, probably. Maybe, Panama. Bertie could see them both-his mother and Edith-through the screen door. Edith was moving about the kitchen and their mother was standing at the ironing board, watching the news. The television news was wavy and ever-present. 
     Bertie had just run down the backhill and had been there just a few minutes waiting for Edith to take him to the beach at low tide. She had promised. When she had asked why low tide, he'd told her it was for the puffer fish, which was not true. 
     "Puffer fish," she had said. "That's certainly unusual."
     "Yeah," he said. "Puffer fish hate the beach at low tide."
      There were three beaches at their end of the island, but Bertie's favorite was the one with the big flat rock. The rock was out deep where he couldn't touch bottom, but at low tide, he thought, maybe, there would be another way out. And one side of the rock would have smooth footholds and its top would be warm and high. The bigger boys would sit with him and make loud noises with assurance. He would be one of them! He would learn to swim!
     Bertie called to Edith. For some reason, maybe the patterned sounds from the television, she didn't hear what he said. 
     "What?" she said. The screen door creaked and slapped back. She was a pretty girl; narrow like Bertie but with thick dark curls that fell forward over her face. At fifteen, she had begun looking out at the world through her hair. It had given her a peculiar squint.
     Bertie gathered himself up as Edith came out to him.

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     "Hi," he repeated, and then he tucked in his chin and gave out a low roar. "Rar-rrr! Do you know what I am? Granny thought I was a broken airplane!" 
     "You're not an airplane," she said. "That's for sure. Certainly not an airplane in need of repair. Maybe, an orange that's washed overboard." 
     Bertie puffed out his cheeks and gave Edith his best fishy look, then held the life preserver up for her to see. "It's mine. It used to be Grampa's."
     "Yes," she said. "That's his name, James. J-a-m-e-s."
     Edith liked to spell. She spelled hard words like quotidian and syzygy and simple words if she thought they were important. Bertie never knew what words were important. 
     "I'm not sure about the tide," Edith said, "but whatever. Just leave that thing here."
     Bertie held the life preserver up to his face, pretending it smelled sweet. In truth, it smelled like cat piss. Everything from Granny's barn smelled like Granny's barn cats or Grampa's old black dog Lightning, or sometimes, there were other animals. Like the wounded crow Granny found that flapped its wings and died. Or, the racing dogs waiting to be adopted, or monkeys and rats that Granny rescued from scientists. 
     "Do rats blink?" Bertie had once asked Granny.
     "Not when scientists give them tumors in their eyes," Granny had answered. Granny hated scientists. Granny hated tumors. Tumors, she'd explained, were gray oozing lumps that make animals die.
     "Do all the animals die?"
     "Yes," she's answered. "Scientists give them tumors and they die." 
     Bertie and Edith cut through the back hedge toward the beach. 
     "Granny called Grampa old junk," he said in a low voice when they walked below Granny's barn.
     Edith just shook her head, took Bertie's hand and pointed out little things-a gull wing, a cloud, maybe a sail set to sea-and when they got to the beach, she squatted down next to him in the sand. 
     "I've got news, Bertie," she said, and she told him that she was going away to school. "A private school in the mountains. I got a scholarship, so there'll be money for you to come visit me."
     Bertie just pulled away and ran hard down the beach. 
     "It'll be like running away," Edith called after him. "We'll board a bus and go hundreds of miles. Deception! Organization!"
     "No," he shouted back. "No, you can't go."
     When he reached the far end of the beach, he was in tears. The tide had made pools in the rocks and puffer fish were caught there. Bertie knelt down and scooped up an empty hermit crab shell and threw it into

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the open water. Then, he moved one of the rocks and watched the puffer fish swim free. 
     

*  *  * 
     
     Bertie was hiding under the kitchen table behind the chair legs and extension cords and wires. He wouldn't come out. Edith had brought him the life preserver and made many promises, but he just curled up with his cheek pressed to the wood floor. He liked the coolness of it. That people could walk in and just be voices in his ears. When Edith left for work, his mother came in and sat down at the table. He could see her knees. He didn't know whether her knees looked old or young, worried or sad. He shifted his head. The TV was on the counter and there was news about a young woman who had tried to kill herself by driving off a bridge. The camera had been set up in front of a church. There were people crying. The reporter began an interview with a priest.
     "I find myself without surprise," the priest told the reporter, "there is sadness here today. One can only bear so much." 
     The national headline news came on. The Dow. Fires in Mexico, another mysterious disease on board a cruise ship, and three more Americans kidnapped and executed. The dust, the endless war. His mother put the TV on mute. 
     Bertie stayed still, very still. He closed his eyes and listened for his mother's breathing. He knew that sometimes when she was alone, she cried. Sometimes she talked to herself, things about the garden she used to have-roses and green grass-and Edith in her baby basket. 
     Something was wrong with their mother, Edith said, something fuzzy about her, disembodied. When Bertie tried to look at her, it was easier just to look at her hands or feet. She didn't like to leave the house, not even to take him to the beach. Edith said Bertie's father used to take them to the beach. His name was Jack and Edith said he was handsome. He had worked in the garage in the village, but he was always talking about something higher. Moving on, heading out!
     "I'm leaving," he said one night. 
     "Jack the Rat," Granny called him.
     Edith said it was vulgar for Granny to talk that way, like the sound of dirty water down the hole in the bathroom sink.
     "It's vulgar," Edith had said, "to know that something you might say will hurt someone, and then say it."
     Bertie sighed. The kitchen was quiet as it ever was. He stuck his head out, leaving most of his body under the table, still covered with the tablecloth. He placed his chin onto the seat next to his Mother and 

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looked quickly around. When she looked down at him, he smiled and slipped back under. 
     "You're an invisible boy," his mother said. "Invisible people must be very quiet."
     Invisible people, Bertie thought, must have super powers. Invisible people don't need hiding places. They can't be hurt. They can always escape, follow clouds and high white smoke and always find their way home. They would always come into something new, where no one else had ever walked. Invisible people left no tracks in the snow.
     

*  *  * 
     
     The next day, Bertie walked into the village with Edith. She had a job in the pale gray steepled building next to the village Post Office. The building had once been a church, but that summer, it was The Green Barley Bookstore and Adonis Café. The bookstore was downstairs and upstairs, in what had once been the choir loft, was a little café. Bertie sat in the corner by the window, while Edith served herbal teas with teacakes and pomegranates and strawberry tarts. After tea, he watched her wash lettuces and chop vegetables. Edith selected bright little fruits. 
     When the Café was really slow, they went downstairs to the bookstore. She shelved books and watched for shoplifters. He was happy to sit behind the counter. After a bit, Edith sat and read to him.
     "I think poetry functions like photographs," she told him, then read from one of her books. "'The same triple conjunction-a little thing observed, a little thing remembered and the observing mind. The unclouded mind. And finding the hidden similarities.' They call that consciousness, Bertie."
     He pretended to listen. That was his job, to listen.
     "There's more than one way to read," she would tell Bertie.  "If you read rigorously."
     Edith had a discount on books. Her first purchase was a red leather photo album that she quickly filled with photographs of her father and mother-her father waving from an old car, her mother sitting at the beach, then one of both of them in the snow. Edith had a favorite. She was just a toddler and her father was standing in the background of the picture with a snow shovel. He had just shoveled the path to the kitchen door and Edith was sitting high on the mound of snow he had made. She was wearing red boots and an orange snowsuit.
     "Where am I?" Bertie asked when he saw the happy picture of Edith in the snow. "Is that me?"

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     Bertie leaned his head on Edith's shoulder just as he had many times before. In that instant, she decided to share her dead father with him. 
     "Yes," she declared. "That's you."
     She invited him to tell her what made each of the pictures interesting. They each pointed out little things. They imagined the father's favorite things. A big old chair. A pipe rack, maybe. Sunday rides in the country. They imagined songs about a night bird, rising and falling in the moonlight.
     Bertie moaned and cried out in his sleep. Edith walked across the hall to his room and woke him.
     "It's just a dream," she said. "Things can happen in dreams, even bad things."
     "Wild forests," he said. "I'm lost."
     "Sssh." She put her face onto the pillow beside his head, and after a while his breath returned to normal. "You're not lost. There's a path in the grass, grass as green as short grass in summer."
     "But there are baby rabbits in the grass," he whispered, "and they're dead. I find them in the grass by a half-dry puddle. They have white fur and pink spots. I counted the spots. When it gets dark, I run home. Granny tells me to wash my hands because there are little things that live off the dead."
     "Hush, you're not lost," she repeated, and watched until he fell asleep.
      

*  *  * 
     
     Every year, Granny and Grampa had a big party for the Fourth of July. Someone hung a flag off the front porch and people came and went all day. Granny served hot fudge sundaes with strawberries and blueberries. Grampa stood in the yard passing out beers to his friends. One friend had brought his son with him, a young soldier home on leave. He was in his uniform, and had several badges and ribbons and wore shiny black boots laced up high over his fatigues. Bertie watched the soldier take a pack of cigarettes from his jacket pocket. His fingers bumped against one another and a warm colorless light filled the yard around him.
     "Honor a veteran," the soldier called to Bertie. "Honor a hero."
     Bertie took off up the hill with Lightning chasing right after him. Lightning skirted around him, dashed in circles, then madly ahead, round and round up the slope. At the top, they were both panting. Bertie sat on the concrete apron of the barn and Lightning lay panting at his 

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side, her head resting gently on his lap. He kept stroking her head. He wondered whether Lightning worried about what would happen next. He pressed his face against her.
     "I don't understand, either," Bertie said.
     It was twilight. When Bertie looked up, there were red and orange swirls in the sky and his Grampa was walking up the hill. Lightning jumped up to meet him. Bertie watched them make their way up the rest of the hill. He was worried about the life preserver, about whether he should ask his grandfather if it really could be his. 
     "Red sky in the morning," Grampa said. "Do you know that one, Bertie?"
     Bertie reached out for Lightning and buried his face in her neck. He wanted to say something, but he didn't know what would be a lie. Lightning wagged her tail and sniffed Bertie. He closed his eyes and felt Lightning's whiskers on his cheek. 
     "I hear you're interested in puffer fish," Grampa said.
     "Uh, huh," Bertie said slowly, realizing that Edith must have talked.
     "Well," Grampa said. "Why don't you come with me and Lightning in the morning? And why don't you wear your bathing suit?"
     Bertie got up. There was music from the party and the sound of Granny's laughter. Bertie did a clumsy little dance.
     "Do you know who I am?" Bertie asked. "Do you, Grampa?"
     Before his grandfather could answer, Bertie spread his arms and ran furiously across the lawn, landing belly-first in the grass. Lightning had followed him, jumping excitedly, trampling Bertie's body, and butting him with her muzzle. It struck Bertie as unbearably funny. They both yelped.
     "Do you know, Grampa?" Bertie called out, and then he was up again, limping wildly, like a drunken pirate on a pegleg.
     "That's fine, Bertie," Grandpa said as he watched. "Just fine."      
     

*  *  * 
     
     The alarm went off at six. Bertie awoke with delight, a simple amazement at the discovery that he was going to the beach with his grandfather. He was sincerely happy and waited impatiently at the screen door. Grampa came down the hill with Lightning trotting alongside on her leash. Grampa suggested they take the long way to the beach, and when they reached the path through the salt marsh, Grampa passed the leash to Bertie.
     "How old are you now, Bertie?"
     "Six," he replied, being tugged along by Lightning.

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     "Six," Grampa repeated. Bertie thought it sounded older in his grandfather's voice. "There's an age for you. When I was six, life was pretty simple. I had chores. One of my chores was to walk our dog. He was a black dog like Lightning, but a very slow moving dog. He had one green eye, as I remember."
     At the ball field, they cut down the lane to the soft path that led to the sea. Some ways down the path there was a narrow, wooden footbridge arched over a small tidal pond. Bertie loved the footbridge. Getting to the footbridge meant they were almost there, where he could jump onto the sand.
     "Haven't been down here in years," Grampa said. "This pond used to be a favorite nesting place for swans. I remember one spring when I was just back from the war, still getting used to things, and I walked a lot. I walked down here and came upon some young boys, nine or ten year old boys. They'd cut the head off of one of the swans. The other swan was giving out such a sad croaking noise and the boys had run- boys like that tend to run off." 
     Bertie was happy to get to the beach. It was low tide and it was just them. Grampa let Lightning off her leash and she headed straight into the water, barking, waiting for Grampa to throw some driftwood out. Bertie waited. After a while, he spoke up.
     "I have your life preserver," he said. "Granny gave it to me. She said you were old junk."
     Grampa just laughed. Lightning was out of the water, shaking the water off in a wide arc. It looked for a minute that she might make a rainbow.
      "Time for a swim," Grampa said. He took off his shoes and shirt, helped Bertie out of his shirt and quickly took his hand. They walked into the water together, wading in slowly. The water was cold, but Grampa kept a steady pace until they were out where Bertie couldn't touch. Bertie splashed, trying to paddle like Lightning, but Grampa just scooped him up and turned him onto his back. "Have to float first, son."
     

*  *  * 
     
     As they headed back up the hill, Grampa let Lightning off her leash.
     "Did I ever tell you that I taught your mother to swim?" Grampa asked, "and Edith, too. She's a strong swimmer." 
     Bertie's mother was watching from the screen door.
     "Did you two have fun?" she called.

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     "Yawp, we sure did," Grampa said, scratching the top of Bertie's head. "We talked about the weather and the ruination of the fishing grounds. I think I sounded like an old fog horn."
     "Grampa told me lots of things," Bertie said. "We walked through the salt marsh and Grampa told me all about the grasses, the way they die and smell rotten and become home to all sorts of animal life."
     Bertie waited until Grampa and Lightning had left the yard, then ran inside. He pulled the life preserver out from under the table, then dashed upstairs and right back down. He had Edith's photograph album. 
     "I can read you a story," he said, putting the album on the table for his mother to see. "Edith taught me how to read her pictures-they tell lots of stories-and I want to tell a story."
     "A story about Grampa, maybe?"
     "No, a story about a monkey," he said as he opened the album.
     The first picture was of his mother in a blue summer dress. 
     "Today's story is about a perfect little monkey-an old monkey, old like Granny."
     His mother almost laughed. "As old as all that?"
     "Old like . . . the whole earth! And he's been captured and taken to a bad place and the room where he lives has that warm smell that Granny calls science." 
     The next picture was the one of Edith in her orange snowsuit. 
     "I'd forgotten this," she said, catching her breath with her fingertips on the faces in the photo.
     "There is a boy in my story," Bertie said quickly. "The boy went to where the monkey lived and he never came back because he saved the monkey from being . . . trapped in this mean cage. The monkey was scratching a big gray lump on his side and he threw his food all over. Raw eggs and . . ."
     "Do monkeys eat raw eggs?"
     Bertie wasn't sure, but then remembered Granny's sundaes at the party with the strawberries and blueberries. 
     "Yes," he said, laughing to remember. "This monkey liked eggs and ice cream! When the little boy went in, he walked tiptoe around the monkey's mess and then the monkey looked up and they both blinked. The little boy laughed. Then he sat down and he took off his snowsuit and . . ."
     ". . . snow?"
     Bertie tapped the photograph of Edith in the snow.
     "Lots of snow. The little boy had red boots and orange socks and a warm scarf from his mother but the monkey didn't have any clothes, so the little boy took off his boots and pulled his socks way up and walked right over and opened the cage. He wasn't afraid. He just took the

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monkey's hand and they snuck down all these hallways and opened all the doors and they walked out right out into the snow."
     Bertie slapped the album shut. "And the little boy told the monkey that there was a hiding place in the woods, the last hiding place. The End!"
     "A lovely story!" his mother said. "The brave little boy and the snow, the footprints like your bare feet, running in summer, and then snow covering everything."
     Bertie took a deep breath and looked up at his mother. He looked in her eyes and thought maybe she really saw him.
     "Can you see his orange socks?"
     "Oh, yes," she said. "His orange socks, I can see it all."
     "Can you see the snow?"
     "Oh, yes."
     And Bertie closed his eyes and saw it too-the snowfall blew lightly, softly falling on spruces and white birches. The monkey pressed its little thumb into the soft of the little boy's hand and they climbed the entire hill. At the top, they stopped and looked out over the open field. They listened, and all they heard was the wind playing through the open field. The wind was cold. The little boy unwrapped his blue scarf and put it warm around the monkey's neck. The monkey gave a little dance, and then the little boy felt his hand become empty. He let the monkey run ahead.

* * * 

     
     It was the end of summer and the weather had turned luxuriantly dry. Bertie's mother planted a few seedlings in the yard, but she forgot to water them and they died in the sun. Edith took some pictures of them while they were still green, and a picture of Bertie, too. She tucked the picture of Bertie into a book of poetry and took it with her when he went away to school. Years later, she went looking for a poem, and there was Bertie sitting in the green yard. 
     Before Edith left for school, Granny was arrested for breaking into a laboratory on the mainland and releasing the research fish. Grampa said he thought the whole family was getting odd, but he and Bertie took on the habit of taking Lightning for an early morning walk. 
     "I don't like the way she's running," said Grampa one morning. Lightning was limping on a hind leg. Grampa bent down and felt all along the hock. There was a small lump. He took Bertie's hand and let him feel it.
     "Gently," Grampa said. "Feel that lump."

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     Bertie knew that word lump meant tumor, and as much as he wanted to pull back and hide, he let Grampa lead him, searching gently with his fingertips until he felt the small spot. It was hard and pea-sized. It was worse than what Granny had said. This was inside, not something you could see like a cut that oozes. Lightning started whining. 
     "Could be nothing," Grampa said when they reached the footbridge. "Could be something. We'll have to get her to the vet."
     When they got to the beach, Lightning ran straight in. Bertie let out a whoop and ran right in after her while Grampa stood and watched. It was a great moment. The first time Bertie swam all the way out.
     "How old are you now?" Grampa asked on their walk home.
     "Six," he said. "Almost seven!"
     "Seven," his grandfather said. "Now, there's an age for you."
     

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