The poet and the preacher looked, stony-faced, over the heads of the two young men seated in the statue garden.

“Remember,” the preacher said, “it is I who guided their ways.”

“True enough,” replied the poet, “but I shaped their dreams.”

Calvin and Josh couldn’t have cared less who got credit for their transformation; they cared only that it had happened. Two days after Christmas, they were meeting for the third time. Three meetings; three seasons; one place. Calvin had suggested a conference room in the hospital, but Josh was afraid to entrust his fragile optimism to that house of painful memories. The denizens of the statue garden, faithful companions on their difficult journey so far, would see them safely to its end.

“I had this idea,” Josh was saying. “It’s probably too farfetched, but I’ll let you be the judge.” He drew a breath, but Calvin interrupted him. “There’s something I have to tell you first. They’ve got me down for deposition next month. Their lawyer ― maybe Mrs. Avery herself, for all I know ― gets to cross-examine me. The hospital lawyer, a guy named MacAdoo, is going to coach me. Wants me to make it look as if I did nothing wrong.”

“That’s the way it works, isn’t it? Wouldn’t you expect them to put up a fight?”

“They can put up whatever they want, as long as it’s honest. If they make me take an oath, I’ll tell the truth. But obviously that isn’t what MacAdoo wants to hear.”

“Facts are facts. How can they make you lie under oath?”

“They’ll do it in a way that nobody can prove I’m lying.” Calvin told Josh of Shaw’s letter and MacAdoo’s defense strategy.

Josh whistled softly. “Well, he does have a point, doesn’t he? I mean, legally.”

“For all I know,” Calvin said, a trifle impatiently, “MacAdoo can make the jurors believe the Brooklyn Bridge is up for sale. As he says, the truth is what they decide it is. That’s why the so-called truth depends on who’s got the better lawyer. But I have a more naïve definition of truth, namely, what happened.”

“You mean, you’re just going to give them the answers they want ― the Averys?”

“Wanting has nothing to do with it. I’ll tell the truth. What’s so strange about that? I don’t want to go through with this at all, but they’re making me. Not that I’m afraid; I have nothing to hide. What I don’t like is this whole thing being decided by the lawyers. It’s a contest over how much money changes hands. What does Eden have to do with any of that?”

“She’s their excuse for holding the contest. . . . But let me tell you what I’ve been thinking.” He described his dream.

“Incredible!” Calvin pounced on it. “Whites versus blacks. Doctors versus lawyers. That’s the symbolism, isn’t it? And they end up dancing together because the spirit of a girl on skates intervenes. What a beautiful concept! . . . Ah, but from there to real life . . . ?”

Josh told him about his idea for changing the rules of hockey. “It’s all fantasy, I know.”

“Yeah, but let’s start with a general principle. We want to see the lawyers and the doctors dance instead of fight. Fair enough?”

“Fair enough.”

“Well, right away we do have a big, big problem. The very idea means revolutionizing the way doctors and lawyers deal with each other. You’re talking about threatening an entire industry. Even in that little corner of the world called Cresheim Valley Hospital, you can’t do that sort of thing without clout. Of which I have less than none.”

A gust of wind blew a sheet of paper in front of their bench. Chasing it was a man carrying an open briefcase. With an alacrity born of years of practice, Josh trapped the paper with his foot, picked it up, and gave it to the man. “Thanks,” the man said. “You must be a soccer player! I’d hate to have to prepare that thing all over again.” He laughed and went on his way.

Calvin had watched Josh’s athletic performance with detachment, his mind elsewhere. His gaze idly followed the paper into the briefcase. The man’s remarks went over his head.

Josh watched the man go. “Must be a lawyer. Our favorite kind of people.”

Calvin caught his breath, his mouth ajar. “Wait a minute. Who says I don’t have clout?”

Josh turned to him. “What?”

Calvin’s expression hardened. “The deposition. I’m not as powerless as I thought.”

Josh didn’t follow. “How does your deposition give you clout?”

“I don’t cooperate,” Calvin said, his tone suggesting the answer was obvious.

Josh’s expression said it wasn’t obvious to him.

“Look,” Calvin said, “if I insist on telling the truth, I’ll be an embarrassment to them, won’t I? And just imagine if I did the same thing in court! Right in front of the jury!”

Josh’s frown relaxed. “Go on,” he said. Calvin drew a deep breath.

“OK. So, if I don’t say what he wants me to, he won’t want me to testify at all. Right?” Josh agreed. “So what’s his alternative?”

“An out-of-court settlement?” Josh ventured.

“Exactly. Now, if I were the Averys’ lawyer, and I knew MacAdoo didn’t dare to have the jury hear McCrae’s testimony, I’d make my demands so high the hospital would never agree to pay. So MacAdoo’s in a squeeze. That’s clout, isn’t it?”

Josh’s frown was gone. “I see what you’re getting at,” he said admiringly. But Calvin’s triumph was short-lived. “It still doesn’t amount to a hill o’ beans if the Averys won’t listen to me. Don’t you think, Mr. Rabin, that they’d want to do something in their daughter’s name?”

“I don’t know. I’ve never heard them say so.”

“I just have to think they would. And how great it would be if I could be part of it. . . . I hesitate to ask this of you, Mr. Rabin, but, as you know, Doctor Avery hung up on me. I know they’ll listen to you. Would you be willing to help me talk with them?”

Josh thought for a moment. “I don’t know how they’d react. They don’t know that you and I’ve been talking. Give me time to think. Right now I don’t know what I’d say. But I’ll try.”

“I can imagine, just hearing my name would make them angry,” Calvin said. “Then, they have their lawyers too. She is a lawyer. It would be a miracle.”

“Maybe there’s a chance. I’m not connected with the lawsuit, just a friend. There’s no reason for them not to talk with me.” With a laugh, he added, “Not till I open my mouth!”

“You’re my only hope. Whether you succeed or not, I can never thank you enough.”

“You may not realize it,” Josh said slowly, “but this is now my cause as well. I never thought anything could be salvaged. Eden’s gone, and I have a life to live. But I’d do anything to make some good come of her death ― as you say, to give meaning to it. We’re coming from different directions, but we’ve arrived at the same place.” He took a deep breath. “Maybe we should be less formal. So don’t call me Mr. Rabin; I’m Josh.”

“I don’t do that lightly. I was brought up to treat people with respect, which meant calling them by their last name until invited otherwise. But I’d be honored to call you Josh if it means that we’re friends. And I’m Calvin.”

The handshake was worth more than a blessing from the Pope.

~~~~~~~~~~

Calvin’s deposition was set for Friday, January 13. On December 28, this event was the topic of discussion in Bobbie’s office. “Whose bad luck will it be?” Karen asked.

“I’m being kind to him. If he falls on his face, he can blame it on the date. Anyway, I’m not sure I want to embarrass him, just see how I can use him against the hospital. Can you persuade Alan to be there? He absolutely does not have to say a word.”

“I won’t build up my hopes.” Next day Karen asked him. He said he had too much work to sit around intimidating a witness. In truth, he had no illusions about intimidating anyone. When Karen had shown him Shaw’s letter, he’d waved it off. “Just what you’d expect.” But Shaw’s comments about the knee had struck home. He saw himself again on the stand, only now Shaw was whispering cues in defense counsel’s ears. How had things come to this? He’d agreed to have the chart reviewed; now he was trapped in a lawsuit. He’d given an inch and she’d taken a mile. With a sickening feeling he realized what was in store. The phone rang.

~~~~~~~~~~

Josh got home from his riverfront meeting with good intentions but no plan. Maybe he should consult his mother. She had solutions for problems like that. But no, this was his job. Next morning he decided that all options began with a visit to the Averys.

Karen met him at the door. “Doctor Avery’s in the living room. I’ll join you in a minute.”

“—snowed in yet?” Alan was asking as she entered the living room, carrying a tray with tea, mugs, and a plate of cookies.

“No, just a couple—” Josh stopped and moved the newspaper aside to make room on the coffee table. Karen sat down behind it on the sofa. “It’s nice to see you,” she said.

Josh’s voice was firm, thanks to rehearsing at home. “I don’t know how you’ll react to this, but it’s best that I don’t beat about the bush. I’ve been talking with Doctor McCrae.”

He studied their faces, which had turned blank. “Actually, I’ve met with him three times.”

“And we’ve seen you once,” Karen said softly, handing him a mug. “Take anything?”

“Sugar, please. I’m really sorry. I know I’ve been neglectful, but not because of Doctor McCrae. I didn’t call him; he called me. My first impulse was to have nothing to do with—”

“We do have something to do with him,” Karen said coldly, “but I doubt it’s along the lines you have in mind.”

“The first time he called I was at work with Dad. That was in August. I couldn’t imagine what he wanted and I didn’t really want to return the call. But Mom persuaded me.”

Surprise lit up the two faces. “Your mother said to call him back!” Alan said. He himself had hung up on Calvin. What business was it of hers? He saw the same question mirrored in Karen’s face. Karen was unable to restrain herself. “With all due respect, Josh—”

“No, she didn’t say to call him. She asked what I thought Edie would do.” A mistake.

Karen lost her patience. “This is too much! Are we expected to sit here and agree that Edie would have wanted you to talk to this man? I don’t mean to be unkind. I know what she meant to you. But it’s one thing to have fond memories, quite another to deal with reality.”

“You could be right, Mrs. Avery. If Edie were able to speak to me now in the flesh, maybe she’d be sensible and say exactly what you’re saying. I’m not trying to prove I did the right thing, just telling you what made me do it. I thought of her as I remember her ― I think of her all the time ― and I thought that was what she’d want. She once said to me, if you really, truly love someone you can’t at the same time hate anyone, because your world then is full of love. That’s why I couldn’t turn Doctor McCrae away. It would have been an act of hate.”

Karen shook her head, eyes downcast. How could she answer him? Even if she disregarded his feelings, how could she deny Edie’s message of love, which was more real to him than the “sensible” words she might utter? Alan broke the silence. “What happened?”

“We met on Kelly Drive. His conscience was bothering him and he needed to find a way to make some sort of amends. He was actually looking to me to help him. I pretty much turned him away. Still, he thanked me for listening. Said ‘God bless you,’ when he left.”

“Ridiculous!” Karen snorted. Alan said nothing.

“I was confused when it was over,” Josh went on. “I talked about it with my parents—”

“And with Edie?” Karen even surprised herself with her sarcasm.

“Please, Karen,” Alan said, “let him speak.”

Karen regained control over herself. “I don’t mean to be facetious, but didn’t it occur to you that he might be worried about a lawsuit and was trying to feel you out about our plans?”

“I told him I had no idea what you planned, and I didn’t want to think of lawsuits when I thought of Edie. I told him I had nothing to offer. But he wasn’t thinking of lawsuits—”

“I should think not.” Karen could take only so much provocation.

“Please, Karen, let him speak.”

“He said if he got drawn into one, he’d tell the truth no matter what the lawyers said.”

Karen was ready with another remark about Josh’s gullibility, but had second thoughts. She looked away, so as not to reveal her changed expression. This is useful information, she thought. Wait till Bobbie hears about it.

Alan was on another track. “That’s quite a confession. Do you think he meant it?”

“I was skeptical at first, but I’ve become convinced of it since.”

“What convinced you?” Alan had now taken over the conversation. “For that matter, what made you get together again? I thought you’d rebuffed him.”

Josh laughed nervously. “I’m embarrassed to say it, but one day I just had the feeling, so I called him from Ithaca Sunday before Thanksgiving, and we talked again that weekend.”

“Did you know he’d called me direct?” Alan asked. “Said he wanted to speak with me. Of course, I turned him away. Lawyer’s instructions. I’m sure by now you know there’s a suit.”

“I didn’t know he’d called you till Thanksgiving. Something about him then convinced me that he really meant it. He’s determined to own up to what he’s done. He knows we should be angry with him. But he thinks anger’s making things worse for you as well. He was looking for something to give meaning to Edie’s death. To ‘fill that gaping hole,’ is how he put it.”

Karen, having stored her golden nugget, was ready to rejoin the conversation. “And I’d say that’s pretty presumptuous. Who in the world is he to fill anything? To pontificate about our anger? If he’s not manipulating you, he’s either incredibly arrogant or incredibly naïve.”

Josh nodded. “Considering all you have to go on is what I’ve told you, that’s reasonable.”

“What else is there? What do you know that we don’t?” Alan asked.

“I’ve met him. I’ve heard his tone, seen his expression. I can’t reproduce that for you. And I’ve had a few months to think about it. Maybe I’m being naïve too, but I believe him.”

“Even if we were willing,” Alan asked, “what would you want us to do?”

“I’m not willing to do anything,” Karen said.

Alan backed off. “We’re not making any promises.”

“I don’t know what I can ask of you,” Josh answered. “But I wanted you to know what McCrae said. In the lawsuit he’s your adversary; in private, I honestly think he’d like nothing better than do something to help.”

Karen passed the cookies. “Josh,” she said, not unkindly, “maybe you’ve been taken in, maybe not. But you can afford to indulge your feelings because you aren’t involved in a legal action. We are. If it’ll make McCrae feel any better, it’s the hospital we’re suing, not him personally. But he’ll be called to deposition and possibly trial. So any dealings with him, except in the context of the suit, are out of the question. Now, as long as you’re home for the holidays, why don’t the six of us get together for dinner? I’ll call your mother.”

The conversation was over. “Thanks so much for listening to me. I really appreciate it. Good night.” Just what Calvin would have said, he thought, except for God’s blessing.

After he left, Karen returned to the living room. “How gullible can you be?” she asked in disbelief. “I wouldn’t put it beyond MacAdoo to stage the whole thing. McCrae can’t be sophisticated enough to think up something that fiendish himself. And he was probably lying about admitting to everything. That was just to throw Josh off guard. Wait till I tell Bobbie!”

“You could be right.” Alan scratched his head. “But suppose he really meant it.”

Karen was firm. “I don’t believe for a moment that he did. And more to the point, so what if he did? If he wants to give away the store, we’ll take it. Bobbie may be disappointed that she has no challenge, but she’ll get over it. And it could save us months of legal wrangling.”

“Yeah, our broker will make a commission and we’ll see monthly statements. Our quality of life won’t be affected one iota. Or maybe you want to buy a house in the Virgin Islands?”

Karen faced him, hands on hips, face red. “We’ll decide that later. Now, do you want to make those incompetents pay for their incompetence or let them off the hook ― just because McCrae feels sorry for himself? Tell me. Because I’m quite clear on what I want.” He didn’t answer. “Or,” she continued in a cold, quiet voice, “are you still afraid to go through with it? Because, so help me, if you don’t, I’ll do it on my own.” She stared into his eyes just long enough to drive home her point, then turned to finish cleaning up.

He went into his study and quietly closed the door. Automatically looking out the window, he said to himself, yes, I am afraid. I’m beyond denying it. I don’t want the humiliation, and it isn’t worth the money. Who needs it? Why is she so driven?

Karen was more determined than ever. So what if he does lose a few patients? What, for that matter, if he has to relocate? We’ll get enough money to tide us over comfortably. As for disrupting his career, let him see for himself what it feels like. She slammed the wall cupboard shut, then had to open it cautiously to catch the cup she’d knocked over.

They spoke no more about it, and little about anything, that evening and next morning.

On arriving in the office, Karen immediately walked in on Bobbie and told her the whole story, including her quarrel with Alan. “Fascinating,” Bobbie said of Calvin’s stated intention. “You’re right to be suspicious. I’ve never heard of anyone doing a thing like that. But I’m going to prepare for the deposition as if he were the toughest witness ever. Do you know that Shaw has never ― and I mean never ― testified for plaintiff? His bias is so blatant, it isn’t even funny. On the other hand, if Calvin decides to turn soft, so much the better.”

Karen’s expression had changed. “Something’s bothering you,” Bobbie said.

“It’s Alan. I told him if he was afraid to be involved I’d do it on my own.”

“You told me he didn’t want to.”

“Nothing’s changed.”

Bobbie was frowning. “The more I think of it, the more I agree with you that there must be more to it than fear of losing his practice. Regardless of the old boys’ network, the staff at Cresheim have to realize he’s right. And even if they did close ranks against the average joe on the street ― with the help of stooges like Shaw ― that doesn’t mean they’d gang up on one of their own. Besides, the perpetrator’s an intern, not yet exactly a member of said network. On the contrary, those same interns are screwing up their patients too. You see what I mean? They should be on Alan’s side, and he should know that.” Karen nodded.

“Have you and he talked about that at all?” Bobbie asked.

“No. The whole darn thing’s so sensitive, I daren’t ask him.”

“You know, Karen ― and I hate to sound like I’m lecturing you ― he made medical decisions. Just because the outcome was bad doesn’t mean they were wrong at the time.”

This was hardly news to Karen. Still, coming from Bobbie . . . “You don’t talk like a plaintiff’s lawyer!”

Bobbie didn’t laugh. “Do you know why this firm is so successful? Because we don’t try to pin blame where there isn’t any. But that’s beside the point. What I’m saying is you don’t know. And it might be better for both of you if you gave him the benefit of the doubt.”

“Are you suggesting I drop the case?” Karen asked.

“No, of course not. Just whatever you do, do it together.”

“Meaning that if he absolutely refuses, then I should go along with that too?” An angry tone crept into her voice, and Bobbie realized she needed to be careful.

“Think, my dear friend, think. We all know that what happened at the hospital isn’t the only issue. For you it’s the frustration, the career thing, all that stuff we talked about. Now he’s got something pulling him in the other direction. I don’t know what it is; maybe you do. Are you willing for him to be hurt just because you were? Is he responsible for your loss?  In your case, what’s happened has happened. For him, there’s still a choice. I don’t know whether or not the suit will hurt him professionally. As I said before, I doubt it. But that’s not really for me to say, and maybe not for you either. The question is, is it worth the personal risk? Your marriage is a precious thing. Take it from someone who knows. I’m not saying cave in, just let him have a voice. Hear him out. Invite him to share his concerns.”

“What do you suggest?”

“I’m not a therapist. Whatever I say, you have to judge by the criterion of common sense, nothing else. But if you’re right about him being afraid to talk to you, maybe you could say something to him to make him feel safer. Maybe there’s a gentle way to ask him whether there’s something else you should know. It might actually help him to share his secret.”

Karen nodded, but she knew that such a conversation could bring them perilously close to things best left untouched.

“Anyway,” Bobbie continued, “regardless of what I said, I’ll do whatever you want me to, and I’ll do it right. Just let me know.”

“How about Frank? Wouldn’t he be shocked if we ended up not going through with it?”

Bobbie shrugged. “Perhaps he would. But remember, you’re the client. In this matter he works for you, not the other way round.”