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"
I
hope
I
do
n't
have
to
have
that
man
on
my
jury
,
"
he
said
to
Steger
,
quietly
.
"
You
do
n'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
selection
--
jurors
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
all
--
men
who
knew
of
Cowperwood
,
men
who
admitted
they
were
prejudiced
,
men
who
were
hidebound
Republicans
and
resentful
of
this
crime
,
men
who
knew
Stener
--
who
were
pleasantly
eliminated
.
By
twelve
o'clock
,
however
,
a
jury
reasonably
satisfactory
to
both
sides
had
been
chosen
.
At
two
o'clock
sharp
Dennis
Shannon
,
as
district
attorney
,
began
his
opening
address
.
He
stated
in
a
very
simple
,
kindly
way
--
for
he
had
a
most
engaging
manner
--
that
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
money
--
a
specific
sum
,
to
wit
,
sixty
thousand
dollars
--
on
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
payment
--
for
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
,
just
as
you
see
fit
and
proper
--
or
,
to
put
it
in
a
better
way
,
as
the
evidence
warrants
.
Larceny
,
as
you
may
or
may
not
know
,
is
the
act
of
taking
away
the
goods
or
chattels
of
another
without
his
knowledge
or
consent
,
and
embezzlement
is
the
fraudulent
appropriation
to
one
's
own
use
of
what
is
intrusted
to
one
's
care
and
management
,
especially
money
.
Larceny
as
bailee
,
on
the
other
hand
,
is
simply
a
more
definite
form
of
larceny
wherein
one
fixes
the
act
of
carrying
away
the
goods
of
another
without
his
knowledge
or
consent
on
the
person
to
whom
the
goods
were
delivered
in
trust
that
is
,
the
agent
or
bailee
.
