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human flies。 Life was at best a dark； inhuman； unkind； unsympathetic struggle built of cruelties and the law； and its lawyers were the most despicable representatives of the whole unsatisfactory mess。 Still he used law as he would use any other trap or weapon to rid him of a human ill； and as for lawyers； he picked them up as he would any club or knife wherewith to defend himself。 He had no particular respect for any of themnot even Harper Steger； though he liked him。 They were tools to be usedknives； keys； clubs； anything you will； but nothing more。 When they were through they were paid and droppedput aside and forgotten。 As for judges； they were merely incompetent lawyers； at a rule； who were shelved by some fortunate turn of chance； and who would not； in all likelihood； be as efficient as the lawyers who pleaded before them if they were put in the same position。 He had no respect for judgeshe knew too much about them。 He knew how often they were sycophants； political climbers； political hacks； tools； time…servers； judicial door…mats lying before the financially and politically great and powerful who used them as such。 Judges were fools； as were most other people in this dusty； shifty world。 Pah！ His inscrutable eyes took them all in and gave no sign。 His only safety lay； he thought； in the magnificent subtley of his own brain； and nowhere else。 You could not convince Cowperwood of any great or inherent virtue in this mortal scheme of things。 He knew too much； he knew himself。
When the judge finally cleared away the various minor motions pending； he ordered his clerk to call the case of the City of Philadelphia versus Frank A。 Cowperwood； which was done in a clear voice。 Both Dennis Shannon； the new district attorney； and Steger； were on their feet at once。 Steger and Cowperwood； together with Shannon and Strobik； who had now come in and was standing as the representative of the State of Pennsylvaniathe complainanthad seated themselves at the long table inside the railing which inclosed the space before the judge's desk。 Steger proposed to Judge Payderson； for effect's sake more than anything else； that this indictment be quashed； but was overruled。
A jury to try the case was now quickly impaneledtwelve men out of the usual list called to serve for the monthand was then ready to be challenged by the opposing counsel。 The business of impaneling a jury was a rather simple thing so far as this court was concerned。 It consisted in the mandarin…like clerk taking the names of all the jurors called to serve in this court for the monthsome fifty in alland putting them； each written on a separate slip of paper； in a whirling drum； spinning it around a few times； and then lifting out the first slip which his hand encountered； thus glorifying chance and settling on who should be juror No。 1。 His hand reaching in twelve times drew out the names of the twelve jurymen； who as their names were called； were ordered to take their places in the jury…box。
Cowperwood observed this proceeding with a great deal of interest。 What could be more important than the men who were going to try him？ The process was too swift for accurate judgment； but he received a faint impression of middle…class men。 One man in particular； however； an old man of sixty…five； with iron…gray hair and beard； shaggy eyebrows； sallow complexion； and stooped shoulders； struck him as having that kindness of temperament and breadth of experience which might under certain circumstances be argumentatively swayed in his favor。 Another； a small； sharp…nosed； sharp…chinned commercial man of some kind； he immediately disliked。
〃I hope I don't have to have that man on my jury；〃 he said to Steger； quietly。
〃You don't；〃 replied Steger。 〃I'll challenge him。 We have the right to fifteen peremptory challenges on a case like this； and so has the prosecution。〃
When the jury…box was finally full； the two lawyers waited for the clerk to bring them the small board upon which slips of paper bearing the names of the twelve jurors were fastened in rows in order of their selectionjurors one； two； and three being in the first row； four； five； and six in the second； and so on。 It being the prerogative of the attorney for the prosecution to examine and challenge the jurors first； Shannon arose； and； taking the board； began to question them as to their trades or professions； their knowledge of the case before the court； and their possible prejudice for or against the prisoner。
It was the business of both Steger and Shannon to find men who knew a little something of finance and could understand a peculiar situation of this kind without any of them （looking at it from Steger's point of view） having any prejudice against a man's trying to assist himself by reasonable means to weather a financial storm or （looking at it from Shannon's point of view） having any sympathy with such means； if they bore about them the least suspicion of chicanery； jugglery； or dishonest manipulation of any kind。 As both Shannon and Steger in due course observed for themselves in connection with this jury； it was composed of that assorted social fry which the dragnets of the courts； cast into the ocean of the city； bring to the surface for purposes of this sort。 It was made up in the main of managers； agents； tradesmen； editors； engineers； architects； furriers； grocers； traveling salesmen； authors； and every other kind of working citizen whose experience had fitted him for service in proceedings of this character。 Rarely would you have found a man of great distinction； but very frequently a group of men who were possessed of no small modicum of that interesting quality known as hard common sense。
Throughout all this Cowperwood sat quietly examining the men。 A young florist； with a pale face； a wide speculative forehead； and anemic hands； struck him as being sufficiently impressionable to his personal charm to be worth while。 He whispered as much to Steger。 There was a shrewd Jew； a furrier； who was challenged because he had read all of the news of the panic and had lost two thousand dollars in street…railway stocks。 There was a stout wholesale grocer； with red cheeks； blue eyes； and flaxen hair； who Cowperwood said he thought was stubborn。 He was eliminated。 There was a thin； dapper manager of a small retail clothing store； very anxious to be excused； who declared； falsely； that he did not believe in swearing by the Bible。 Judge Payderson； eyeing him severely； let him go。 There were some ten more in allmen who knew of Cowperwood； men who admitted they were prejudiced； men who were hidebound Republicans and resentful of this crime； men who knew Stenerwho were pleasantly eliminated。
By twelve o'clock； however； a jury reasonably satisfactory to both sides had been chosen。
Chapter XLI
At two o'clock sharp Dennis Shannon； as district attorney； began his opening address。 He stated in a very simple； kindly wayfor he had a most engaging mannerthat the indictment as here presented charged Mr。 Frank A。 Cowperwood； who was sitting at the table inside the jury…rail； first with larceny； second with embezzlement； third with larceny as bailee； and fourth with embezzlement of a certain sum of moneya specific sum； to wit； sixty thousand dollarson a check given him （drawn to his order） October 9； 1871； which was intended to reimburse him for a certain number of certificates of city loan； which he as agent or bailee of the check was supposed to have purchased for the city sinking…fund on the order of the city treasurer （under some form of agreement which had been in existence between them； and which had been in force for some time）said fund being intended to take up such certificates as they might mature in the hands of holders and be presented for paymentfor which purpose； however； the check in question had never been used。
〃Now； gentlemen；〃 said Mr。 Shannon； very quietly； 〃before we go into this very simple question of whether Mr。 Cowperwood did or did not on the date in question get from the city treasurer sixty thousand dollars； for which he made no honest return； let me explain to you just what the people mean when they charge him first with larceny； second with embezzlement； third with larceny as bailee； and fourth with embezzlement on a check。 Now； as you see； there are four counts here； as we lawyers term them； and the reason there are four counts is as follows： A man may be guilty of larceny and embezzlement at the same time； or of larceny or embezzlement separately； and without being guilty of the other； and the district attorney representing the people might be uncertain； not that he was not guilty of both； but that it might not be possible to present the evidence under one count； so as to insure his adequate punishment for a crime which in a way involved both。 In such cases； gentlemen； it is customary to indict a man under separate counts； as has been done in this case。 Now； the four counts in this case； in a way； overlap and confirm each other； and it will be your duty； after we have explained their nature and character and presented the evidence； to say whether the defendant is guilty on one count or the other； or on two or three of the counts； or on all four