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y filed out to the jury…room。
Cowperwood turned to his father who now came over across the fast…emptying court; and said:
〃Well; we'll know now in a little while。〃
〃Yes;〃 replied Cowperwood; Sr。; a little wearily。 〃I hope it comes out right。 I saw Butler back there a little while ago。〃
〃Did you?〃 queried Cowperwood; to whom this had a peculiar interest。
〃Yes;〃 replied his father。 〃He's just gone。〃
So; Cowperwood thought; Butler was curious enough as to his fate to want to come here and watch him tried。 Shannon was his tool。 Judge Payderson was his emissary; in a way。 He; Cowperwood; might defeat him in the matter of his daughter; but it was not so easy to defeat him here unless the jury should happen to take a sympathetic attitude。 They might convict him; and then Butler's Judge Payderson would have the privilege of sentencing himgiving him the maximum sentence。 That would not be so nicefive years! He cooled a little as he thought of it; but there was no use worrying about what had not yet happened。 Steger came forward and told him that his bail was now endedhad been the moment the jury left the roomand that he was at this moment actually in the care of the sheriff; of whom he knewSheriff Adlai Jaspers。 Unless he were acquitted by the jury; Steger added; he would have to remain in the sheriff's care until an application for a certificate of reasonable doubt could be made and acted upon。
〃It would take all of five days; Frank;〃 Steger said; 〃but Jaspers isn't a bad sort。 He'd be reasonable。 Of course if we're lucky you won't have to visit him。 You will have to go with this bailiff now; though。 Then if things come out right we'll go home。 Say; I'd like to win this case;〃 he said。 〃I'd like to give them the laugh and see you do it。 I consider you've been pretty badly treated; and I think I made that perfectly clear。 I can reverse this verdict on a dozen grounds if they happen to decide against you。〃
He and Cowperwood and the latter's father now stalked off with the sheriff's subordinatea small man by the name of 〃Eddie〃 Zanders; who had approached to take charge。 They entered a small room called the pen at the back of the court; where all those on trial whose liberty had been forfeited by the jury's leaving the room had to wait pending its return。 It was a dreary; high…ceiled; four…square place; with a window looking out into Chestnut Street; and a second door leading off into somewhereone had no idea where。 It was dingy; with a worn wooden floor; some heavy; plain; wooden benches lining the four sides; no pictures or ornaments of any kind。 A single two…arm gas…pipe descended from the center of the ceiling。 It was permeated by a peculiarly stale and pungent odor; obviously redolent of all the flotsam and jetsam of lifecriminal and innocentthat had stood or sat in here from time to time; waiting patiently to learn what a deliberating fate held in store。
Cowperwood was; of course; disgusted; but he was too self…reliant and capable to show it。 All his life he had been immaculate; almost fastidious in his care of himself。 Here he was coming; perforce; in contact with a form of life which jarred upon him greatly。 Steger; who was beside him; made some comforting; explanatory; apologetic remarks。
〃Not as nice as it might be;〃 he said; 〃but you won't mind waiting a little while。 The jury won't be long; I fancy。〃
〃That may not help me;〃 he replied; walking to the window。 Afterward he added: 〃What must be; must be。〃
His father winced。 Suppose Frank was on the verge of a long prison term; which meant an atmosphere like this? Heavens! For a moment; he trembled; then for the first time in years he made a silent prayer。
Chapter XLIV
Meanwhile the great argument had been begun in the jury…room; and all the points that had been meditatively speculated upon in the jury…box were now being openly discussed。
It is amazingly interesting to see how a jury will waver and speculate in a case like thishow curious and uncertain is the process by which it makes up its so…called mind。 So…called truth is a nebulous thing at best; facts are capable of such curious inversion and interpretation; honest and otherwise。 The jury had a strongly complicated problem before it; and it went over it and over it。
Juries reach not so much definite conclusions as verdicts; in a curious fashion and for curious reasons。 Very often a jury will have concluded little so far as its individual members are concerned and yet it will have reached a verdict。 The matter of time; as all lawyers know; plays a part in this。 Juries; speaking of the members collectively and frequently individually; object to the amount of time it takes to decide a case。 They do not enjoy sitting and deliberating over a problem unless it is tremendously fascinating。 The ramifications or the mystery of a syllogism can become a weariness and a bore。 The jury…room itself may and frequently does become a dull agony。
On the other hand; no jury contemplates a disagreement with any degree of satisfaction。 There is something so inherently constructive in the human mind that to leave a problem unsolved is plain misery。 It haunts the average individual like any other important task left unfinished。 Men in a jury…room; like those scientifically demonstrated atoms of a crystal which scientists and philosophers love to speculate upon; like finally to arrange themselves into an orderly and artistic whole; to present a compact; intellectual front; to be whatever they have set out to be; properly and rightly a compact; sensible jury。 One sees this same instinct magnificently displayed in every other phase of naturein the drifting of sea…wood to the Sargasso Sea; in the geometric interrelation of air…bubbles on the surface of still water; in the marvelous unreasoned architecture of so many insects and atomic forms which make up the substance and the texture of this world。 It would seem as though the physical substance of lifethis apparition of form which the eye detects and calls real were shot through with some vast subtlety that loves order; that is order。 The atoms of our so…called being; in spite of our so…called reasonthe dreams of a moodknow where to go and what to do。 They represent an order; a wisdom; a willing that is not of us。 They build orderly in spite of us。 So the subconscious spirit of a jury。 At the same time; one does not forget the strange hypnotic effect of one personality on another; the varying effects of varying types on each other; until a solutionto use the word in its purely chemical senseis 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 himif 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 circumstancesperhaps 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 beforeso wealthy; so progressive; so sure? Was this only December 5th or 6th now (it was after midnight)? Why was it the jury had deliberated so long? What did it mean? Here they were now; standing and gazing solemnly before them; and here now was Judge Payderson; mounting the steps of his rostrum; his frizzled hair standing out in a strange; attractive w