Sometimes "Is" Isn't by Jim Newell Page A

his truck had been fired.”
    “What, exactly, did you say when you told my client he was under arrest?”
    “I said, ‘You’re under arrest for killing your father.’”
    “And how did he react to that?”
    “He yelled at me that he didn’t kill him.”
    “Were those his exact words, ‘I didn’t kill him?’”
    “Uh …no. I remember that he said, “I didn’t shoot my father.’”
    “On what grounds did you identify Hansford Nelson?”
    “I have known Hansford Nelson all my life. That was all the identification I needed.”
    “Have you also known Arthur Nelson all your life?”
    “Of course. They are twins. We all went to school together.”
    “They are twins. Identical twins, too, are they not?”
    “Yes. But it’s easy to tell which one is which if you’ve known them for so long.”
    “How do you tell which man is which?”
    Billy Bob Turner thought for a moment. Then he scowled at the defense attorney again and replied, “I can’t answer that question. I just know , that’s all. I’ve always known. So has anyone else who has lived in this town all their lives.”
    “I see. Well, Sheriff, I want to show you three photos. Two of them were taken a year ago by the local newspaper to illustrate a story on the number of twins in the Greenburg area. Do you remember that story?”
    “I think so, not really well, but I remember there was a story like that in the paper.”
    “Very well.” Gifford returned to his table and picked up a full-sized sheet of paper, obviously a photograph. “I had the newspaper put these three photos on the same sheet. Can you tell me who is the man on the left?”
    The Sheriff looked at the photo for only a few seconds. “That’s Hansford Nelson.”
    “Thank you. Now, who is the younger man in the middle?”
    “That’s Hansford’s son, JP
    “And he is the man you arrested?”
    “Yes.”
    Gifford pointed to the third man in the photo collage. “And who is this man?”
    “That’s Hansford’s twin brother Arthur,” replied Sheriff Turner after a few seconds’ study.
    “Sheriff, would you be surprised if I told you that you had mixed up the Nelson brothers in the photo? The man you identified as Hansford Nelson is actually Arthur Nelson, and the man you identified as Arthur is actually Hansford.”
    “That can’t be. I know which is which.”
    “Look on the back of the photos and tell the court what the photographer wrote there.”
    The Sheriff did so and turned red with anger. “He’s wrong. I know who they are.”
    “Please read what is written there.”
    “Left to right, Arthur, JP and Hansford Nelson.”
    “And read the rest.”
    Turner, obviously angry and uneasy with what he was being asked to do replied, “Written by John Alexander.” He stopped.
    “And the rest, Sheriff Turner.”
    “Certified by Walter Grange, Clerk of the Court.” The Sheriff’s voice indicated his unhappy state of mind.
    “Thank you.” Thomas Gifford turned to the judge. “Your Honour, Mr. Grange is here in the courtroom this afternoon as usual. John Alexander is at work as a photographer at the Weekly Star newspaper this afternoon. I can have him appear in court if you think it is necessary, but I am hoping that you will accept Mr. Grange’s certification as to the fact that the photos are in the correct order.”
    “Let me see them,” replied the judge. Billy Bob and Gerald Copeland were both obviously uneasy for the few moments that Judge Holman had the photos in his hands and when he turned the sheet over and examined the written words. The judge took only a few minutes to examine the document before handing it back to Gifford. “I can’t tell the difference between the brothers, but I accept the photographer’s identification and the clerk’s certification that what Mr. Alexander wrote is correct.”
    “Thank you, Your Honour. I would enter this sheet of photographs with their certification that the identification is correct as defence exhibit one.”