judge and prosecutor in unison.
"A day or two less, perhaps," affirmed Mr. Tutt, "but, likely as not,
considerably longer."
"I shall cut it down as much as I can," announced the judge, appalled at
the prospect. "I shall not permit this trial to be dragged out
indefinitely."
"Nothing would please me better, Your Honor," said Mr. Tutt with the
shadow of a smile. "Shall we proceed to select the jury?"
The accuracy of Mr. Tutt's prophecy as to the probable length of the
trial was partially demonstrated when it developed that most of the
talesmen had a pronounced antipathy to Chinese murder cases, and a
deep-rooted prejudice against the race as a whole. In fact, a certain
subconscious influence affecting most of them was formulated by the
thirty-ninth talesman to be rejected, who, in a moment of resentment,
burst forth, "I don't mind trying decent American criminals, but I hold
it isn't any part of a citizen's duty to try Chinamen!" and was promptly
struck off the jury list.
"I say, chief," disgustedly declared O'Brien to Peckham at the noon
recess as they clinked glasses over the bar at Pont's, "you've handed me
a ripe, juicy Messina all right! I won't be able to get a jury. We've
been at it since ten o'clock and we haven't lured a single sucker into
the box!"
"What's the matter?" inquired the D.A. apprehensively.
"I can't quite make out," answered O'Brien. "But most of 'em seem to
have a sort of idea that to kill a Chinaman ain't a crime but a virtue!"
"Well, don't tell anybody," whispered Peckham, "but I'm somewhat of that
way of thinking myself. Set 'em up again, John!"
However, by invoking the utmost celerity a jury was at last selected and
sworn at the end of the nineteenth day of the trial. As a jury O'Brien
confidentially admitted to Peckham it wasn't much! But what could you
expect of a bunch who were willing to swear that they hadn't any
prejudice against a Chink and would as soon acquit him as a white man?
The truth was that they were all gentlemen who, having lost their jobs,
were willing to swear to anything that would bring them in two dollars a
day. The more days the better! And it is historic fact that during the
sixty-nine days of Mock Hen's prosecution not one of them protested at
being kept away from his wife and children, his business or his
pleasure. On the contrary they all slumbered peacefully from ten until
four--and when the trial ended, on the whole they rather regretted that
it
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