However, that is neither here nor there. With the charge before it,
the grand jury quickly brought in a true bill against me; and on the
plea of the county prosecuting attorney my case was advanced on the
docket and set for trial within the week, the argument for haste being
the critical state of affairs in the business of the Farmers' Bank of
Glendale; a state of affairs which demanded that the responsibility for
certain shortages in the bank's assets be fixed immediately as between
the accused bookkeeper and cashier and his superiors. Whitredge
brought me word of this hurry-up proposal, and either was, or pretended
to be, properly indignant over the unseemly haste.
"You just say the word, Bert, and I'll have the case postponed until
the next term of court, or else I'll know the reason why!" he blustered
stoutly.
"Why should I wish to have it postponed, when the delay would merely
mean six months more of jail for me?" I objected.
"It might give us some chance to frame up some sort of a defense; and,
besides, it would give public opinion a little time to die down," he
suggested. "I say it isn't fair to try you while everybody's hot and
excited and wrathy about the money loss. Still, if you think you're
all ready, and want to take the chance----"
He knew I did, and was only egging me on. What he and all the rest of
them were working for was to get me out of the way as swiftly as
possible. I knew this afterward, after I had time to think it out and
piece it together; and God knows, they gave me all the time I needed to
do the thinking.
So, with the prisoner's counsel making no motion to the contrary, the
trial date stood, and shortly I found myself in the dock, with good old
Judge Haskins peering down at me over the top of his spectacles. Like
many of the older people in the county, the judge had known my father
well, and I am willing to believe that it was not easy for him to sit
in judgment upon that father's son.
The trial was fair enough, as such things go. In the selection of the
jury, Whitredge made free use of his challenging privilege; but it
seemed to me that he always objected to the intelligent man and chose
the other kind. When our Anglo-Saxon ancestors fought for the right of
trial by jury, and got it, they passed down to us a sword with two
edges. Their idea, which was embodied in the common law, was that a
man should be tried by a jury of his peers. But the way things have
worked out, the man of average intelligence is apt to have to face a
dozen jurors who are chosen partly for their lack of intelligence, and
partly because their earning ability is so low that they are willing to
serve for the paltry wage of a juror, whatever it may be.
Public-domain text, read in full here on John Shaqi.
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