An American Tragedy Theodore Dreiser (whitelam books .TXT) 📖

him! And now here he was, exclaiming as he chanced to look at him, and as he had in at least the last dozen cases (yet with no perceptible result in so far as the jury box was concerned), “Acceptable to the People!” But, invariably, whenever he had done so, Jephson had merely turned slightly, but without looking, and had said: “Nothing in him for us, Alvin. As set as a bone.” And then Belknap, courteous and bland, had challenged for cause and usually succeeded in having his challenge sustained.

But then at last, and oh, how agreeably, the clerk of the court announcing in a clear, thin, rasping and aged voice, a recess until two p.m. And Jephson smilingly turning to Clyde with: “Well, Clyde, that’s the first round⁠—not so very much to it, do you think? And not very hard either, is it? Better go over there and get a good meal, though. It’ll be just as long and dull this afternoon.”

And in the meantime, Kraut and Sissel, together with the extra deputies, pushing close and surrounding him. And then the crowding and swarming and exclaiming: “There he is! There he is! Here he comes! Here! Here!” And a large and meaty female pushing as close as possible and staring directly into his face, exclaiming as she did so: “Let me see him! I just want to get a good look at you, young man. I have two daughters of my own.” But without one of all those of Lycurgus or Twelfth Lake whom he had recognized in the public benches, coming near him. And no glimpse of Sondra anywhere, of course. For as both Belknap and Jephson had repeatedly assured him, she would not appear. Her name was not even to be mentioned, if possible. The Griffiths, as well as the Finchleys, were opposed.

XX

And then five entire days consumed by Mason and Belknap in selecting a jury. But at last the twelve men who were to try Clyde, sworn and seated. And such men⁠—odd and grizzled, or tanned and wrinkled, farmers and country storekeepers, with here and there a Ford agent, a keeper of an inn at Tom Dixon’s Lake, a salesman in Hamburger’s dry goods store at Bridgeburg, and a peripatetic insurance agent residing in Purday just north of Grass Lake. And with but one exception, all married. And with but one exception, all religious, if not moral, and all convinced of Clyde’s guilt before ever they sat down, but still because of their almost unanimous conception of themselves as fair and open-minded men, and because they were so interested to sit as jurors in this exciting case, convinced that they could pass fairly and impartially on the facts presented to them.

And so, all rising and being sworn in.

And at once Mason rising and beginning: “Gentlemen of the jury.”

And Clyde, as well as Belknap and Jephson, now gazing at them and wondering what the impression of Mason’s opening charge was likely to be. For a more dynamic and electric prosecutor under these particular circumstances was not to be found. This was his opportunity. Were not the eyes of all the citizens of the United States upon him? He believed so. It was as if someone had suddenly exclaimed: “Lights! Camera!”

“No doubt many of you have been wearied, as well as puzzled, at times during the past week,” he began, “by the exceeding care with which the lawyers in this case have passed upon the panels from which you twelve men have been chosen. It has been no light matter to find twelve men to whom all the marshaled facts in this astonishing cause could be submitted and by them weighed with all the fairness and understanding which the law commands. For my part, the care which I have exercised, gentlemen, has been directed by but one motive⁠—that the state shall have justice done. No malice, no preconceived notions of any kind. So late as July 9th last I personally was not even aware of the existence of this defendant, nor of his victim, nor of the crime with which he is now charged. But, gentlemen, as shocked and unbelieving as I was at first upon hearing that a man of the age, training and connections of the defendant here could have placed himself in a position to be accused of such an offense, step by step I was compelled to alter and then dismiss forever from my mind my original doubts and to conclude from the mass of evidence that was literally thrust upon me, that it was my duty to prosecute this action in behalf of the people.

“But, however that may be, let us proceed to the facts. There are two women in this action. One is dead. The other” (and he now turned toward where Clyde sat, and here he pointed a finger in the direction of Belknap and Jephson), “by agreement between the prosecution and the defense is to be nameless here, since no good can come from inflicting unnecessary injury. In fact, the sole purpose which I now announce to you to be behind every word and every fact as it will be presented by the prosecution is that exact justice, according to the laws of this state and the crime with which this defendant is charged, shall be done. Exact justice, gentlemen, exact and fair. But if you do not act honestly and render a true verdict according to the evidence, the people of the state of New York and the people of the county of Cataraqui will have a grievance and a serious one. For it is they who are looking to you for a true accounting for your reasoning and your final decision in this case.”

And here Mason paused, and then turning dramatically toward Clyde, and with his right index finger pointing toward him at times, continued: “The people of the state of New York charge,” (and he hung upon this one word as though