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Even when impaneling the jury, I was amazed to find the prejudice against criminal lawyers in general and ourselves in particular; for almost every other talesman swore that he was so fixed in his opinion as to our guilt that it would be impossible to give us a fair trial.
When the work of impaneling the jury was begun, old Conkwright was there with his challenges. How shrewd he was, how sharp were his eyes. And when night came the panel was far from complete. "It will take a long time at this rate," I said, as we were leaving the court-room. "I don't care if it takes a thousand years; they sha'n't ring in a stuffed toad on me," replied the ex-judge.
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.
Here was Ruef between two bodeful dates. Yesterday had come the news that Langdon had appointed Heney the relentless enemy of boodlers to a place of power. Tomorrow would begin the impaneling of a Grand Jury, whose avowed purpose it was to "investigate municipal graft." "What would I do if I were Ruef?" Frank asked himself. But no answer came.
W.A. Jones was named the judge's clerk and J.E. Townes the whilom sheriff. While the jury was impaneling, Brannan spoke to Benito: "Twelve good men and true; the phrase means something here. Lord, if we could have such jurymen as these in all our American courts." Benito nodded. "They've appointed Bill Coleman as public prosecutor; that's rather a joke on Bill."
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