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The hanging of James Stuart was impressive and conducted with extreme decorum. Stuart, tried before twelve regularly impaneled talesmen and defended by an advocate, cut matters short by a voluntary confession of his crimes. In fact, he boasted of them with a curious pride.
As day after day went by in the monotonous examination and challenge of talesmen, as panel after panel was exhausted with no result, not only did the ridiculous shortcomings of our jury system become apparent, but also the fact that the Mafia had, as usual, made full use of its sinister powers of intimidation.
Union affiliations were closely inquired into, and favorable mention of the right to organize brought a challenge from the state. The testing of the talesmen was no less severe on the part of the defense. Fifty-one talesmen were disqualified, after long and severe legal battles, before a jury was finally secured from among the voters and property owners who alone were qualified to serve.
It may seem to the reader that this scrutiny of talesmen is not strictly preparation for the trial, but, in fact, it is fully as important as getting ready the facts themselves; for a poor jury, either from ignorance or prejudice, will acquit on the same facts which will lead a sound jury to convict. A famous prosecutor used to say, "Get your jury the case will take care of itself."
The trial itself is now everywhere recognized as having been a tragic farce. The jury, it is clear, was purposely drawn from the employing class, or their dependents; of a thousand talesmen summoned, only five or six belonged to the working class.
"Carton has detectives mingling with the talesmen in every court of importance in the city." The reply of the other was not audible, but Carton leaned over to us and whispered, "One of Kahn's runners, I think." Apparently Kahn was taking extreme precautions and wanted everything in readiness so that whatever was to be done would go off smoothly.
The malignant class nature of the trial was revealed by the questions asked of the talesmen; nearly all declared that they had a prejudice against Socialists, Anarchists and Communists. Soon the blindest could see that the conviction of the group was determined upon in advance, and that it was but the visible evidence of a huge conspiracy to terrorize the whole working class.
Now the mill of justice, at least in the General Sessions of New York County, grinds exceeding fine, so far as the number of convictions is concerned. Of those brought to the bar for trial few escape; for modern talesmen, being hard-headed men, regard the whole thing as a matter of business and try to get through with it as quickly and as efficiently as possible.
If I were the judge I'd close the case right now and instruct the sheriff to hang all the prisoners, including their attorneys." "They'll never be acquitted." Bernie shook his head morosely. "There's a rumor of jury-fixing. I hear one of the talesmen was approached with a bribe before the trial." "I can scarcely believe that." "I'll bet it's true just the same.
Moreover, most of the talesmen evinced a profound distrust of their own ability to do justice between the People and the defendant and a curious desire to be relieved from service. However, at last the dozen had been chosen and sworn, the congestion of the court room slightly relieved, Mr. Zahoul somewhat appeased, and Mr.
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