Chapter XLIV

Meanwhile the great argument had been begun in the jury-room, and all

the points that had been meditatively speculated upon in the jury-box

were now being openly discussed.

It is amazingly interesting to see how a jury will waver and speculate

in a case like this—how curious and uncertain is the process by which

it makes up its so-called mind. So-called truth is a nebulous thing at

best; facts are capable of such curious inversion and interpretation,

honest and otherwise. The jury had a strongly complicated problem

before it, and it went over it and over it.

Juries reach not so much definite conclusions as verdicts, in a curious

fashion and for curious reasons. Very often a jury will have concluded

little so far as its individual members are concerned and yet it will

have reached a verdict. The matter of time, as all lawyers know, plays

a part in this. Juries, speaking of the members collectively and

frequently individually, object to the amount of time it takes to

decide a case. They do not enjoy sitting and deliberating over a

problem unless it is tremendously fascinating. The ramifications or the

mystery of a syllogism can become a weariness and a bore. The jury-room

itself may and frequently does become a dull agony.

On the other hand, no jury contemplates a disagreement with any degree

of satisfaction. There is something so inherently constructive in the

human mind that to leave a problem unsolved is plain misery. It haunts

the average individual like any other important task left unfinished.

Men in a jury-room, like those scientifically demonstrated atoms of a

crystal which scientists and philosophers love to speculate upon, like

finally to arrange themselves into an orderly and artistic whole, to

present a compact, intellectual front, to be whatever they have set out

to be, properly and rightly—a compact, sensible jury. One sees this

same instinct magnificently displayed in every other phase of nature—in

the drifting of sea-wood to the Sargasso Sea, in the geometric

interrelation of air-bubbles on the surface of still water, in the

marvelous unreasoned architecture of so many insects and atomic forms

which make up the substance and the texture of this world. It would

seem as though the physical substance of life—this apparition of form

which the eye detects and calls real were shot through with some vast

subtlety that loves order, that is order. The atoms of our so-called

being, in spite of our so-called reason—the dreams of a mood—know where

to go and what to do. They represent an order, a wisdom, a willing that

is not of us. They build orderly in spite of us. So the subconscious

spirit of a jury. At the same time, one does not forget the strange

hypnotic effect of one personality on another, the varying effects of

varying types on each other, until a solution—to use the word in its

purely chemical sense—is reached. In a jury-room the thought or

determination of one or two or three men, if it be definite enough, is

likely to pervade the whole room and conquer the reason or the

opposition of the majority. One man “standing out” for the definite

thought that is in him is apt to become either the triumphant leader of

a pliant mass or the brutally battered target of a flaming,

concentrated intellectual fire. Men despise dull opposition that is

without reason. In a jury-room, of all places, a man is expected to

give a reason for the faith that is in him—if one is demanded. It will

not do to say, “I cannot agree.” Jurors have been known to fight.

Bitter antagonisms lasting for years have been generated in these close

quarters. Recalcitrant jurors have been hounded commercially in their

local spheres for their unreasoned oppositions or conclusions.

After reaching the conclusion that Cowperwood unquestionably deserved

some punishment, there was wrangling as to whether the verdict should

be guilty on all four counts, as charged in the indictment. Since they

did not understand how to differentiate between the various charges

very well, they decided it should be on all four, and a recommendation

to mercy added. Afterward this last was eliminated, however; either he

was guilty or he was not. The judge could see as well as they could all

the extenuating circumstances—perhaps better. Why tie his hands? 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.

The court-room was fully lighted. The bailiff, the clerk, and the

stenographer were there. The jury filed in, and Cowperwood, with Steger

at his right, took his position at the gate which gave into the railed

space where prisoners always stand to hear the verdict and listen to

any commentary of the judge. He was accompanied by his father, who was

very nervous.

For the first time in his life he felt as though he were walking in his

sleep. Was this the real Frank Cowperwood of two months before—so

wealthy, so progressive, so sure? Was this only December 5th or 6th now

(it was after midnight)? Why was it the jury had deliberated so long?

What did it mean? Here they were now, standing and gazing solemnly

before them; and here now was Judge Payderson, mounting the steps of

his rostrum, his frizzled hair standing out in a strange, attractive

way, his familiar bailiff rapping for order. He did not look at

Cowperwood—it would not be courteous—but at the jury, who gazed at him

in return. At the words of the clerk, “Gentlemen of the jury, have you

agreed upon a verdict?” the foreman spoke up, “We have.”

“Do you find the defendant guilty or not guilty?”

“We find the defendant guilty as charged in the indictment.”

How had they come to do this? Because he had taken a check for sixty

thousand dollars which did not belong to him? But in reality it did.

Good Lord, what was sixty thousand dollars in the sum total of all the

money that had passed back and forth between him and George W. Stener?

Nothing, nothing! A mere bagatelle in its way; and yet here it had

risen up, this miserable, insignificant check, and become a mountain of

opposition, a stone wall, a prison-wall barring his further progress.

It was astonishing. He looked around him at the court-room. How large

and bare and cold it was! Still he was Frank A. Cowperwood. Why should

he let such queer thoughts disturb him? His fight for freedom and

privilege and restitution was not over yet. Good heavens! It had only

begun. In five days he would be out again on bail. Steger would take an

appeal. He would be out, and he would have two long months in which to

make an additional fight. He was not down yet. He would win his

liberty. This jury was all wrong. A higher court would say so. It would

reverse their verdict, and he knew it. He turned to Steger, where the

latter was having the clerk poll the jury, in the hope that some one

juror had been over-persuaded, made to vote against his will.

“Is that your verdict?” he heard the clerk ask of Philip Moultrie,

juror No. 1.

“It is,” replied that worthy, solemnly.

“Is that your verdict?” The clerk was pointing to Simon Glassberg.

“Yes, sir.”

“Is that your verdict?” He pointed to Fletcher Norton.

“Yes.”

So it went through the whole jury. All the men answered firmly and

clearly, though Steger thought it might barely be possible that one

would have changed his mind. The judge thanked them and told them that

in view of their long services this night, they were dismissed for the

term. 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.

The Judge looked at Cowperwood very curiously as Steger made this

request in proper form, and owing to the importance of the case and the

feeling he had that the Supreme Court might very readily grant a

certificate of reasonable doubt in this case, he agreed. There was

nothing left, therefore, but for Cowperwood to return at this late hour

with the deputy sheriff to the county jail, where he must now remain

for five days at least—possibly longer.

The jail in question, which was known locally as Moyamensing Prison,

was located at Tenth and Reed Streets, and from an architectural and

artistic point of view was not actually displeasing to the eye. It

consisted of a central portion—prison, residence for the sheriff or

what you will—three stories high, with a battlemented cornice and a

round battlemented tower about one-third as high as the central portion

itself, and two wings, each two stories high, with battlemented turrets

at either end, giving it a highly castellated and consequently, from

the American point of view, a very prison-like appearance. The facade

of the prison, which was not more than thirty-five feet high for the

central portion, nor more than twenty-five feet for the wings, was set

back at least a hundred feet from the street, and was continued at

either end, from the wings to the end of the street block, by a stone

wall all of twenty feet high. The structure was not severely

prison-like, for the central portion was pierced by rather large,

unbarred apertures hung on the two upper stories with curtains, and

giving the whole front a rather pleasant and residential air. The wing

to the right, as one stood looking in from the street, was the section

known as the county jail proper, and was devoted to the care of

prisoners serving short-term sentences on some judicial order. The wing

to the left was devoted exclusively to the care and control of untried

prisoners. The whole building was built of a smooth, light-colored

stone, which on a snowy night like this, with the few lamps that were

used in it glowing feebly in the dark, presented an eery, fantastic,

almost supernatural appearance.

It was a rough and blowy night when Cowperwood started for this

institution under duress. The wind was driving the snow before it in

curious, interesting whirls. Eddie Zanders, the sheriff’s deputy on

guard at the court of Quarter Sessions, accompanied him and his father

and Steger. Zanders was a little man, dark, with a short, stubby

mustache, and a shrewd though not highly intelligent eye. He was

anxious first to uphold his dignity as a deputy sheriff, which was a

very important position in his estimation, and next to turn an honest

penny if he could. He knew little save the details of his small world,

which consisted of accompanying prisoners to and from the courts and

the jails, and seeing that they did not get away. He was not unfriendly

to a particular type of prisoner—the well-to-do or moderately

prosperous—for he had long since learned that it paid to be so.

To-night he offered a few sociable suggestions—viz., that it was rather

rough, that the jail was not so far but that they could walk, and that

Sheriff Jaspers would, in all likelihood, be around or could be

aroused. Cowperwood scarcely heard. He was thinking of his mother and

his wife and of Aileen.

When the jail was reached he was led to the central portion, as it was

here that the sheriff, Adlai Jaspers, had his private office. Jaspers

had recently been elected to office, and was inclined to conform to all

outward appearances, in so far as the proper conduct of his office was

concerned, without in reality inwardly conforming. Thus it was

generally known among the politicians that one way he had of fattening

his rather lean salary was to rent private rooms and grant special

privileges to prisoners who had the money to pay for the same. Other

sheriffs had done it before him. In fact, when Jaspers was inducted

into office, several prisoners were already enjoying these privileges,

and it was not a part of his scheme of things to disturb them. The

rooms that he let to the “right parties,” as he invariably put it, were

in the central portion of the jail, where were his own private living

quarters. They were unbarred, and not at all cell-like. There was no

particular danger of escape, for a guard stood always at his private

door instructed “to keep an eye” on the general movements of all the

inmates. A prisoner so accommodated was in many respects quite a free

person. His meals were served to him in his room, if he wished. He

could read or play cards, or receive guests; and if he had any favorite

musical instrument, that was not denied him. There was just one rule

that had to be complied with. If he were a public character, and any

newspaper men called, he had to be brought down-stairs into the private

interviewing room in order that they might not know that he was not

confined in a cell like any other prisoner.

Nearly all of these facts had been brought to Cowperwood’s attention

beforehand by Steger; but for all that, when he crossed the threshold

of the jail a peculiar sensation of strangeness and defeat came over

him. He and his party were conducted to a little office to the left of

the entrance, where were only a desk and a chair, dimly lighted by a

low-burning gas-jet. Sheriff Jaspers, rotund and ruddy, met them,

greeting them in quite a friendly way. Zanders was dismissed, and went

briskly about his affairs.

“A bad night, isn’t it?” observed Jaspers, turning up the gas and

preparing to go through the routine of registering his prisoner. Steger

came over and held a short, private conversation with him in his

corner, over his desk which resulted presently in the sheriff’s face

lighting up.

“Oh, certainly, certainly! That’s all right, Mr. Steger, to be sure!

Why, certainly!”

Cowperwood, eyeing the fat sheriff from his position, understood what

it was all about. He had regained completely his critical attitude, his

cool, intellectual poise. So this was the jail, and this was the fat

mediocrity of a sheriff who was to take care of him. Very good. He

would make the best of it. He wondered whether he was to be

searched—prisoners usually were—but he soon discovered that he was not

to be.

“That’s all right, Mr. Cowperwood,” said Jaspers, getting up. “I guess

I can make you comfortable, after a fashion. We’re not running a hotel

here, as you know”—he chuckled to himself—“but I guess I can make you

comfortable. John,” he called to a sleepy factotum, who appeared from

another room, rubbing his eyes, “is the key to Number Six down here?”

“Yes, sir.”

“Let me have it.”

John disappeared and returned, while Steger explained to Cowperwood

that anything he wanted in the way of clothing, etc., could be brought

in. Steger himself would stop round next morning and confer with him,

as would any of the members of Cowperwood’s family whom he wished to

see. Cowperwood immediately explained to his father his desire for as

little of this as possible. Joseph or Edward might come in the morning

and bring a grip full of underwear, etc.; but as for the others, let

them wait until he got out or had to remain permanently. He did think

of writing Aileen, cautioning her to do nothing; but the sheriff now

beckoned, and he quietly followed. Accompanied by his father and

Steger, he ascended to his new room.

It was a simple, white-walled chamber fifteen by twenty feet in size,

rather high-ceiled, supplied with a high-backed, yellow wooden bed, a

yellow bureau, a small imitation-cherry table, three very ordinary

cane-seated chairs with carved hickory-rod backs, cherry-stained also,

and a wash-stand of yellow-stained wood to match the bed, containing a

washbasin, a pitcher, a soap-dish, uncovered, and a small, cheap,

pink-flowered tooth and shaving brush mug, which did not match the

other ware and which probably cost ten cents. The value of this room to

Sheriff Jaspers was what he could get for it in cases like

this—twenty-five to thirty-five dollars a week. Cowperwood would pay

thirty-five.

Cowperwood walked briskly to the window, which gave out on the lawn in

front, now embedded in snow, and said he thought this was all right.

Both his father and Steger were willing and anxious to confer with him

for hours, if he wished; but there was nothing to say. He did not wish

to talk.

“Let Ed bring in some fresh linen in the morning and a couple of suits

of clothes, and I will be all right. George can get my things

together.” He was referring to a family servant who acted as valet and

in other capacities. “Tell Lillian not to worry. I’m all right. I’d

rather she would not come here so long as I’m going to be out in five

days. If I’m not, it will be time enough then. Kiss the kids for me.”

And he smiled good-naturedly.

After his unfulfilled predictions in regard to the result of this

preliminary trial Steger was almost afraid to suggest confidently what

the State Supreme Court would or would not do; but he had to say

something.

“I don’t think you need worry about what the outcome of my appeal will

be, Frank. I’ll get a certificate of reasonable doubt, and that’s as

good as a stay of two months, perhaps longer. I don’t suppose the bail

will be more than thirty thousand dollars at the outside. You’ll be out

again in five or six days, whatever happens.”

Cowperwood said that he hoped so, and suggested that they drop matters

for the night. After a few fruitless parleys his father and Steger

finally said good night, leaving him to his own private reflections. He

was tired, however, and throwing off his clothes, tucked himself in his

mediocre bed, and was soon fast asleep.

The Financier: A Novel · 第 44 / 59 章