(for a memorial service to be held 26 October 2013)
By Jim Forest
Remembering my brother, I recall a little boy, half-a-head shorter than I was, almost hidden in a cloud of steam while a train pulls into the southbound track of the Red Bank train station just as the sun is setting. It’s sometime in the late 1940s. Dick is gazing up in silent awe at the huge steam engine and the two powerful men who share its cab. Our ears are still echoing with the wailing hoots of the steam whistle that seconds ago announced the train’s impending arrival. Now there’s the shrill noise of the brakes as the tall steel wheels pull the commuter-loaded train to a shuddering halt. No kid at any circus — no saint in the midst of a mystical experience — could be more enthralled than my brother. I’m fascinated too, but my attention is partly held by my steam-wrapped brother who, in his state of pure amazement, is just as astonishing as the train.
At that period of our young lives welcoming the train is a ritual. Dick is probably seven, which makes me eight. Monday through Friday, with our Aunt Douglas, we meet the train that brings our Uncle Bob back from his bank job in Jersey City.
My guess is that Dick’s linkage with trains goes back to when he was four and the three of us traveled via the rails from our former home in Denver to Jersey City where we were met by Aunt Douglas and Uncle Bob. It was our move to Mother’s hometown, Red Bank, following her divorce. In fact we must have had some sleep, but I have the impression Dick and I were awake every inch of the way, our noses pressed to the window glass making islands of condensation while watching the ever-changing view: farms, houses, horses, cows, trees, rivers, fields of corn and wheat, gullies, huge clouds, lightning storms, cloudless skies, train stations, blurred villages, fast-passing towns, snap-shot glimpses of people in their homes, all the while the train rushing relentlessly forward, the steel wheels beating a sweet jazzy music out of the tracks. Even long after sunset, it was a constant visual adventure, better than any movie. Is there a finer way to see the world than from a train?
Dick’s marriage to trains took root in childhood and lasted until he breathed his last, seventy years of age. While Dick was allergic to religion, perhaps he wouldn’t object to me saying that he was a devout member of the Church of the Sacred Stream Engine.
Eventually be became a lawyer and was, by all accounts, an excellent one, but I think the job he had enjoyed most was the one he had before he passed his bar exam — the years when he worked for the railroad running switching towers. When we were both young men, I made a drawing of him in command in one of them. It was an October day in 1966. The tower windows gave a sweeping view of the train yard. Close at hand were the long levers that were used to slide the tracks below us into the right positions as engines and freight cars moved back and forth. It was a demanding job that required being wide awake every minute and which allowed no errors. I don’t think I’ve ever seen a man happier in his work.
I never had the chance to see him in court but I have no doubt he was equally at home in that environment. God knows he loved talking about it. As did everyone who knew him, I heard no end of stories from him about many of the cross-examinations he conducted of witnesses who weren’t inclined to tell the truth, the whole truth and nothing but the truth.
Reviewing the e-mail Dick and I exchanged over the last quarter century, I found one courtroom story of the sort my brother relished. It comes from a U.S. District Court in Texas. Let me share with you the extract from the transcript he forwarded to me:
Lawyer: So, Doctor, you determined that a gunshot wound was the cause of death of the patient?
Doctor: That’s correct.
Lawyer: Did you examine the patient when he came to the emergency room?
Doctor: No, I performed the autopsy.
Lawyer: Okay, were you aware of his vital signs while he was at the hospital?
Doctor: He came into the emergency room in shock and died in the emergency room a short time after arriving.
Lawyer: Did you pronounce him dead at that time?
Doctor: No, I am the pathologist who performed the autopsy. I was not involved with the patient initially.
Lawyer: Well, are you even sure, then, that he died in the emergency room?
Doctor: That is what the records indicate.
Lawyer: But if you weren’t there, how could you have pronounced him dead, having not seen or physically examined the patient at that time?
Doctor: The autopsy showed massive hemorrhage into the chest, and that was the cause of death.
Lawyer: I understand that, but you were not actually present to examine the patient and pronounce him dead, isn’t that right?
Doctor: No, sir, I did not see the patient or actually pronounce him dead, but I did perform an autopsy and right now his brain is in a jar over at the county morgue. As for the rest of the patient, for all I know, he could be out practicing law somewhere.
I only wish I had recorded some of my brother’s accounts of his own courtroom exchanges. Many of them were every bit as funny.
Because I’ve lived in Holland the last 37 years, I saw less of Dick than I would have liked, on average just two of three times a year, but one of the treats for me, when back in the U.S., was asking him about recent courtroom events. It was like turning on a radio and listening to a comedy show with my brother doing all the voices. He was a down-to-earth, no-frills New Jersey boy who could have been part of the cast of “The Sopranos.”
He loved certain movies and television shows. He seemed to have memorized the scripts for both. I think his most beloved TV show was the Archie Bunker comedy, “All In The Family.” Even when he was laid low in the hospital, suffering considerable pain and feeling like a prisoner, there were times when he could recite substantial chunks of scripts, and also had a large collection of brief exchanges and one-liners. One of these was Archie Bunker saying, “You’d better start mixing toothpaste with your shampoo. You’re getting a cavity in your brain.” Also from Archie Bunker, “Whatever happened to the good old days when kids was scared to death of their parents?” His favorites films included “The Godfather” and “Doctor Strangelove.” Possibly his favorite line from “Doctor Strangelove” came from President Merkin Muffley as played by Peter Sellers: “Gentlemen, you can’t fight in here! This is the War Room.”
In contrast to our parents, both of whom were passionate social activists, I wouldn’t call my brother a cause-oriented person, though he was sometimes enlisted by our mother to do pro bono work in her battles with local politicians. He hated war and was dead set against capital punishment. One of my treasured memories of Dick is his declining to shake the hand of a certain governor who had authorized a number of executions and who was standing in front of Dick with his hand extended and a smile on his face. My brother said, “Sorry, Governor, but I don’t shake hands that have blood on them.” I’m sure the governor, if he is still alive, thinks about that brief encounter from time to time.
As I mentioned, Dick hated war. He managed to avoid participation in the Vietnam War and spoke out against it with his usual vigor. Yet he loved guns and had a collection of rifles. For much of his adult life, he was a devoted member of the National Rifle Association. For years one of his hobbies was to bait me into ranting against the NRA. Much to his amusement, I always fell for the bait like a bull chasing a red flag. One year I begged him, for the sake of my blood pressure, not to mention the NRA any more. To my astonishment that was the end of our semi-annual argument about guns.
Like so many of us, Dick had a hard time finding the ideal marital partner. At last he met Adele and married her in the spring of 1997. This not only made him a happy man but also greatly lengthened his life. It was Adele who managed to help him lose weight, a thankless job as my brother, when in the presence of food and soft drinks, was a man without brakes who wasn’t notably appreciative of anyone else applying the brakes on his behalf, even though, after his first heart attack, he knew that major weight loss was an absolute necessity. It wasn’t easy, but Adele was persistent. And it worked. My guess is that Adele added a decade to his life.
Let me close by recalling one of my favorite memories of my brother. Nancy and I live on a narrow lane in one of the oldest parts of a small Dutch city named Alkmaar. Not only is there no traffic but not that many people walk by, probably under a fifty a day. As home is our principal work place — I’m a writer, Nancy is a translator — we’re there most of the time. When someone passes by we often notice. During our coffee break one morning 25 years ago we happened to see two people passing by. I said to Nancy, “They look just like Dick and Beth.” She agreed. Neither of the two stopped at our front door, but not long afterward there was a knock. I opened the door and there stood Dick and Beth! It turned out that Dick had made a last-minute decision to ride some trains in Europe and invited Beth to join him. “Sorry to come unannounced,” Dick said. “It was all last-minute. And it’s in secret. You must not tell Mother. She doesn’t know I’m here”
I never did find out why Mother was not to know. Both of us were a great many years past the age when one sought parental permission for any undertaking. It’s one of the family mysteries that will go unanswered.
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text as of 14 October 2013
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