those of you having just cause for complaint draw near and ye shall be heard.” However, you would have thought it was of no import here. Custom and indifference had allowed it to sink to a mumble. A third bailiff guarded the door of the jury-room; and in addition to these there were present a court clerk—small, pale, candle-waxy, with colorless milk-and-water eyes, and thin, pork-fat-colored hair and beard, who looked for all the world like an Americanized and decidedly decrepit Chinese mandarin—and a court stenographer.
Judge Wilbur Payderson, a lean herring of a man, who had sat in this case originally as the examining judge when Cowperwood had been indicted by the grand jury, and who had bound him over for trial at this term, was a peculiarly interesting type of judge, as judges go. He was so meager and thin-blooded that he was arresting for those qualities alone. Technically, he was learned in the law; actually, so far as life was concerned, absolutely unconscious of that subtle chemistry of things that transcends all written law and makes for the spirit and, beyond that, the inutility of all law, as all wise judges know. You could have looked at his lean, pedantic body, his frizzled gray hair, his fishy, blue-gray eyes, without any depth of speculation in them, and his nicely modeled but unimportant face, and told him that he was without imagination; but he would not have believed you—would have fined you for contempt of court. By the careful garnering of all his little opportunities, the furbishing up of every meager advantage; by listening slavishly to the voice of party, and following as nearly as he could the behests of intrenched property, he had reached his present state. It was not very far along, at that. His salary was only six thousand dollars a year. His little fame did not extend beyond the meager realm of local lawyers and judges. But the sight of his name quoted daily as being about his duties, or rendering such and such a decision, was a great satisfaction to him. He thought it made him a significant figure in the world. “Behold I am not as other men,” he often thought, and this comforted him. He was very much flattered when a prominent case came to his calendar; and as he sat enthroned before the various litigants and lawyers he felt, as a rule, very significant indeed. Now and then some subtlety of life would confuse his really limited intellect; but in all such cases there was the letter of the law. He could hunt in the reports to find out what really thinking men had decided. Besides, lawyers everywhere are so subtle. They put the rules of law, favorable or unfavorable, under the judge’s thumb and nose. “Your honor, in the thirty-second volume of the Revised Reports of Massachusetts, page so and so, line so and so, in Arundel versus Bannerman, you will find, etc.” How often have you heard that in a court of law? The reasoning that is left to do in most cases is not much. And the sanctity of the law is raised like a great banner by which the pride of the incumbent is strengthened.
Payderson, as Steger had indicated, could scarcely be pointed to as an unjust judge. He was a party judge— Republican in principle, or rather belief, beholden to the dominant party councils for his personal continuance in office, and as such willing and anxious to do whatever he considered that he reasonably could do to further the party welfare and the private interests of his masters. Most people never trouble to look into the mechanics of the thing they call their conscience too closely. Where they do, too often they lack the skill to disentangle the tangled threads of ethics and morals. Whatever the opinion of the time is, whatever the weight of great interests dictates, that they conscientiously believe. Some one has since invented the phrase “a corporation-minded judge.” There are many such.
Payderson was one. He fairly revered property and power. To him Butler and Mollenhauer and Simpson were great men—reasonably sure to be right always because they were so powerful. This matter of Cowperwood’s and Stener’s defalcation he had long heard of. He knew by associating with one political light and another just what the situation was. The party, as the leaders saw it, had been put in a very bad position by Cowperwood’s subtlety. He had led Stener astray—more than an ordinary city treasurer should have been led astray—and, although Stener was primarily guilty as the original mover in the scheme, Cowperwood was more so for having led him imaginatively to such disastrous lengths. 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. From one source and another he learned that Butler had some private grudge against Cowperwood. What it was no one seemed to know exactly. The general impression was that Cowperwood had led Butler into some unwholesome financial transactions. Anyhow, it was generally understood that for the good of the party, and in order to teach a wholesome lesson to dangerous subordinates—it had been decided to allow these several indictments to take their course. Cowperwood was to be punished quite as severely as Stener for the moral effect on the community. Stener was to be sentenced the maximum sentence for his crime in order that the party and the courts should appear properly righteous. Beyond that he was to be left to the mercy of the governor, who could ease things up for him if he chose, and if the leaders wished. In the silly mind of the general public the various judges of Quarter Sessions, like girls incarcerated in boarding-schools, were supposed in their serene aloofness from life not to know what was going on in the subterranean realm of politics; but they knew well enough, and, knowing particularly well from whence came their continued position and authority, they were duly grateful.
Chapter XL
When Cowperwood came into the crowded courtroom with his father and Steger, quite fresh and jaunty (looking the part of the shrewd financier, the man of affairs), every one stared. It was really too much to expect, most of them thought, that a man like this would be convicted. He was, no doubt, guilty; but, also, no doubt, he had ways and means of evading the law. His lawyer, Harper Steger, looked very shrewd and canny to them. It was very cold, and both men wore long, dark, bluish-gray overcoats, cut in the latest mode. Cowperwood was given to small boutonnieres in fair weather, but to-day he wore none. His tie, however, was of heavy, impressive silk, of lavender hue, set with a large, clear, green emerald. He wore only the thinnest of watch-chains, and no other ornament of any kind. He always looked jaunty and yet reserved, good-natured, and yet capable and self-sufficient. Never had he looked more so than he did to-day.
He at once took in the nature of the scene, which had a peculiar interest for him. Before him was the as yet empty judge’s rostrum, and at its right the empty jury-box, between which, and to the judge’s left, as he sat facing the audience, stood the witness-chair where he must presently sit and testify. Behind it, already awaiting the arrival of the court, stood a fat bailiff, one John Sparkheaver whose business it was to present the aged, greasy Bible to be touched by the witnesses in making oath, and to say, “Step this way,” when the testimony was over. There were other bailiffs—one at the gate giving into the railed space before the judge’s desk, where prisoners were arraigned, lawyers sat or pleaded, the defendant had a chair, and so on; another in the aisle leading to the jury-room, and still another guarding the door by which the public entered. Cowperwood surveyed Stener, who was one of the witnesses, and who now, in his helpless fright over his own fate, was without malice toward any one. He had really never borne any. He wished if anything now that he had followed Cowperwood’s advice, seeing where he now was, though he still had faith that Mollenhauer and the political powers represented by him would do something for him with the governor, once he was sentenced. He was very pale and comparatively thin. Already he had lost that ruddy bulk which had been added during the days of his prosperity. He wore a new gray suit and a brown tie, and was clean-shaven. When his eye caught Cowperwood’s steady beam, it faltered and drooped. He rubbed his ear foolishly. Cowperwood nodded.
“You know,” he said to Steger, “I feel sorry for George. He’s such a fool. Still I did all I could.”
Cowperwood also watched Mrs. Stener out of the tail of his eye—an undersized, peaked, and sallow little woman, whose clothes fitted her abominably. It was just like Stener to marry a woman like that, he thought. The scrubby matches of the socially unelect or unfit always interested, though they did not always amuse, him. Mrs. Stener had no affection for Cowperwood, of course, looking on him, as she did, as the unscrupulous cause of her husband’s downfall. They were now quite poor again, about to move from their big house into cheaper quarters; and this was not pleasing for her to contemplate.
Judge Payderson came in after a time, accompanied by his undersized but stout court attendant, who looked more like a pouter-pigeon than a human being; and as they came, Bailiff Sparkheaver rapped on the judge’s desk, beside which he had been slumbering, and mumbled, “Please rise!” The audience arose, as is the rule of all courts. 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
