But setting the day irrevocably was only a beginning. The jury had to
be selected. Sheriff Webb had in his hands the calling of the venire.
While it was true that the old-time, "professional jurymen"--men who
hung around the courthouse for no other purpose--were no longer in
existence, it can be readily seen that Webb was able, if it were worth
while, to exercise a judicious eye in the selection of "amenables." The
early exhaustion of Keith's quota of peremptory challenges was
significant, for McDougall rarely found it desirable to challenge at
all! Keith displayed tremendous resource in last-moment detective work
concerning the records of the panel. In this way he was enabled to
challenge several for cause, after all his peremptory challenges had
been used. At first he had great difficulty in getting results, for the
police detectives proved supine. It was only after he had hired private
agents, paying for them from his own pocket, that he obtained
information on which he could act. The final result was a jury better
than he had dared hope for, but worse than he desired. He had gone
through a tremendous labour, and realized fully the difference between
being for or against the powers.
The case came to trial, Keith presented six witnesses--respectable, one
of them well-known. These testified to the same simple facts, and their
testimony remained unshaken under cross-examination. McDougall offered
the plea of self-defence. He brought a cloud of witnesses to swear that
Cora had drawn his weapon only after Richardson had produced and cocked
a pistol. By skilful technical delays Keith gained time for his
detectives, and succeeded in showing that two of these witnesses had
been elsewhere at the time of the killing, and therefore had perjured
themselves. He recalled his own witnesses, and found two willing to
swear that Richardson's hands had been empty and hanging at his sides,
The defence did not trouble to cross-examine this statement.
At last, with a perfunctory judicial charge, the case went to the jury.
Keith, weary to the bone, sat back in grateful relaxation. He had
worked hard, against odds, and had done a good job. He was willing now
to spare a little professional admiration for McDougall's skilful legal
manoeuvring. There could be no earthly doubt of the result. He idly
watched the big bland-faced clock, with its long second hand moving
forward by spaced jerks. The jury was out a very long time for so
simple a verdict, but that was a habit of California juries. It did not
worry Keith. He was glad to rest. The judge stared at the ceiling, his
hands clasped over his stomach. Cora's lawyers talked together in a low
voice. Flies buzzed against dusty window-panes. The spectators watched
apathetically. Belle, in a ravishing toilet, was there.
The opening of the door broke the spell almost rudely. Keith sat up,
listening to the formal questions and answers. They had disagreed!
Public-domain text, read in full here on John Shaqi.
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