greed, selfishness and ambition were playing in it. He
would have seen merely a partially filled courtroom flooded with
sunshine from high windows, an attentive and dignified judge in a black
silk robe sitting upon a dais below which a white-haired clerk drew
little slips of paper from a wheel and summoned jurymen to a service
which outwardly bore no suggestion of a tragedy.
He would have seen a somewhat unprepossessing assistant district
attorney lounging in front of the jury box, taking apparently no great
interest in the proceedings, and a worried-looking young Italian sitting
at the prisoner's table between a rubicund little man with a round red
face and a tall, grave, longish-haired lawyer with a frame not unlike
that of Abraham Lincoln, over whose wrinkled face played from time to
time the suggestion of a smile. Behind a balustrade were the reporters,
scribbling on rough sheets of yellow paper. Then came rows of benches,
upon the first of which, as near the jury box as possible, sat Rosalina
in a new bombazine dress and wearing a large imitation gold cross
furnished for the occasion out of the legal property room of Tutt &
Tutt. Occasionally she sobbed softly. The bulk of the spectators
consisted of rejected talesmen, witnesses, law clerks, professional
court loafers and women seeking emotional sensations which they had not
the courage or the means to satisfy otherwise. The courtroom was
comparatively quiet, the silence broken only by the droning voice of the
clerk and the lazy interplay of question and answer between talesman and
lawyer.
Yet beneath the humdrum, casual, almost indifferent manner in which the
proceedings seemed to be conducted each side was watching every move
made by the other with the tension of a tiger ready to spring upon its
prey. Babson and O'Brien were engaged in forcing upon the defense a jury
composed entirely of case-hardened convictors, while Tutt & Tutt were
fighting desperately to secure one so heterogeneous in character that
they could hope for a disagreement.
By recess thirty-seven talesmen had been examined without a foreman
having been selected, and Mr. Tutt had exhausted twenty-nine of his
thirty challenges, as against three for the prosecution. The court
reconvened and a new talesman was called, resembling in appearance a
professional hangman who for relaxation leaned toward the execution of
Italians. Mr. Tutt examined him for bias and every known form of
incompetency, bu
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