otic
effect of one personality on another, the varying effects of varying
types on each other, until a solution--to use the word in its purely
chemical sense--is reached. In a jury-room the thought or determination
of one or two or three men, if it be definite enough, is likely to
pervade the whole room and conquer the reason or the opposition of the
majority. One man "standing out" for the definite thought that is in him
is apt to become either the triumphant leader of a pliant mass or the
brutally battered target of a flaming, concentrated intellectual fire.
Men despise dull opposition that is without reason. In a jury-room, of
all places, a man is expected to give a reason for the faith that is in
him--if one is demanded. It will not do to say, "I cannot agree." Jurors
have been known to fight. Bitter antagonisms lasting for years have been
generated in these close quarters. Recalcitrant jurors have been hounded
commercially in their local spheres for their unreasoned oppositions or
conclusions.
After reaching the conclusion that Cowperwood unquestionably deserved
some punishment, there was wrangling as to whether the verdict should be
guilty on all four counts, as charged in the indictment. Since they did
not understand how to differentiate between the various charges very
well, they decided it should be on all four, and a recommendation to
mercy added. Afterward this last was eliminated, however; either he was
guilty or he was not. The judge could see as well as they could all the
extenuating circumstances--perhaps better. Why tie his hands? As a rule
no attention was paid to such recommendations, anyhow, and it only made
the jury look wabbly.
So, finally, at ten minutes after twelve that night, they were ready to
return a verdict; and Judge Payderson, who, because of his interest in
the case and the fact that he lived not so far away, had decided to wait
up this long, was recalled. Steger and Cowperwood were sent for.
The court-room was fully lighted. The bailiff, the clerk, and the
stenographer were there. The jury filed in, and Cowperwood, with Steger
at his right, took his position at the gate which gave into the railed
space where prisoners always stand to hear the verdict and listen to any
commentary of the judge. He was accompanied by his father, who was very
nervous.
For the first time in his life he felt as though he were walking in
his sleep. Was this the real Frank Cowperwood of two months before--
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