te parties, so, I urge, counsel employed to assist
him must be equally disinterested."
"The court considers the question an interesting one, but the practice
in the past has been against your contention. I will overrule your
objection, and give you an exception. Mr. Clerk, call a jury!"[1]
Then came the wearisome technicalities of the empaneling of a jury,
with challenges for cause and peremptory challenges, until nearly the
entire panel of fifty jurors was exhausted.
In this way two days were spent, with a result that when counsel on
both sides expressed themselves as satisfied with the jury, every one
in the court room doubted it. As the sheriff confided to the clerk, it
was an even bet that the first twelve men drawn were safer for both
sides than the twelve men who finally stood with uplifted hands and
were again sworn by the clerk. Harry King, who had never witnessed a
trial in his life, began to grow interested in these details quite
aside from his own part therein. He watched the clerk shaking the box,
wondering why he did so, until he saw the slips of paper being drawn
forth one by one from the small aperture on the top, and listened
while the name written on each was called aloud. Some of the names
were familiar to him, and it seemed as if he must turn about and speak
to the men who responded to their roll call, saying "here" as each
rose in his place behind him. But he resisted the impulse, never
turning his head, and only glancing curiously at each man as he took
his seat in the jury box at the order of the judge.
During all these proceedings the Elder sat looking straight before
him, glancing at the prisoner only when obliged to do so, and coldly
as an outsider might do. The trial was taking more time than he had
thought possible, and he saw no reason for such lengthy technicalities
and the delay in calling the witnesses. His air was worn and weary.
The prisoner, sitting beside his counsel, had taken less and less
interest in the proceedings, and the crowds, who had at first filled
the court room, had also lost interest and had drifted off about their
own affairs until the real business of the taking of testimony should
come on, till, at the close of the second day, the court room was
almost empty of visitors. The prisoner was glad to see them go. So
many familiar faces, faces from whom he might reasonably expect a
smile, or a handshake, were it possible, or at the very least a nod of
recognition,
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