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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 impaneled twelve men out of the usual list called to serve for the month and 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.
Besides, the party needed a scapegoat that was enough for Payderson, in the first place. Of course, after the election had been won, and it appeared that the party had not suffered so much, he did not understand quite why it was that Cowperwood was still so carefully included in the Proceedings; but he had faith to believe that the leaders had some just grounds for not letting him off.
The particular judge who was to sit in this case, one Wilbur Payderson, of the Court of Quarter Sessions, was a strict party nominee, and as such beholden to Mollenhauer, Simpson, and Butler; but, in so far as Steger had ever heard, he was an honest man.
Payderson eyed him as he had the others. "Name?" asked the bailiff, for the benefit of the court stenographer. "Frank Algernon Cowperwood." "Residence?" "1937 Girard Avenue." "Occupation?" "Banker and broker." Steger stood close beside him, very dignified, very forceful, ready to make a final statement for the benefit of the court and the public when the time should come.
Judge Payderson stirred among a number of briefs that were lying on his desk, and asked, briskly, "What's the first case, Mr. Protus?" He was speaking to his clerk. During the long and tedious arrangement of the day's docket and while the various minor motions of lawyers were being considered, this courtroom scene still retained interest for Cowperwood.
The only thing remaining to be done now was for Steger to persuade Judge Payderson to grant a stay of sentence pending the hearing of a motion by the State Supreme Court for a new trial.
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.
Judge Payderson has just fixed the sentence time for Monday morning at ten o'clock. I don't suppose you'll be much put out if he doesn't show up here before Monday at eight o'clock, will you, or Sunday night, anyhow? He's perfectly reliable, as you know."
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.
Judge Payderson stared quizzically at the negro, who, obviously not very much disturbed by this examination, was leaning comfortably on the gate or bar before which the average criminal stood erect and terrified.
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