The Financier by Theodore Dreiser

“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 were being considered, this courtroom scene still retained interest for Cowperwood. He was so eager to win, so incensed at the outcome of untoward events which had brought him here. He was always intensely irritated, though he did not show it, by the whole process of footing delays and queries and quibbles, by which legally the affairs of men were too often hampered. Law, if you had asked him, and he had accurately expressed himself, was a mist formed out of the moods and the mistakes of men, which befogged the sea of life and prevented plain sailing for the little commercial and social barques of men; it was a miasma of misinterpretation where the ills of life festered, and also a place where the accidentally wounded were ground between the upper and the nether millstones of force or chance; it was a strange, weird, interesting, and yet futile battle of wits where the ignorant and the incompetent and the shrewd and the angry and the weak were made pawns and shuttlecocks for men—lawyers, who were playing upon their moods, their vanities, their desires, and their necessities. It was an unholy and unsatisfactory disrupting and delaying spectacle, a painful commentary on the frailties of life, and men, a trick, a snare, a pit and gin. In the hands of the strong, like himself when he was at his best, the law was a sword and a shield, a trap to place before the feet of the unwary; a pit to dig in the path of those who might pursue. It was anything you might choose to make of it—a door to illegal opportunity; a cloud of dust to be cast in the eyes of those who might choose, and rightfully, to see; a veil to be dropped arbitrarily between truth and its execution, justice and its judgment, crime and punishment. Lawyers in the main were intellectual mercenaries to be bought and sold in any cause. It amused him to hear the ethical and emotional platitudes of lawyers, to see how readily they would lie, steal, prevaricate, misrepresent in almost any cause and for any purpose. Great lawyers were merely great unscrupulous subtleties, like himself, sitting back in dark, close-woven lairs like spiders and awaiting the approach of unwary human flies. Life was at best a dark, inhuman, unkind, unsympathetic struggle built of cruelties and the law, and its lawyers were the most despicable representatives of the whole unsatisfactory mess.

Still he used law as he would use any other trap or weapon to rid him of a human ill; and as for lawyers, he picked them up as he would any club or knife wherewith to defend himself. He had no particular respect for any of them—not even Harper Steger, though he liked him. They were tools to be used—knives, keys, clubs, anything you will; but nothing more. When they were through they were paid and dropped—put aside and forgotten. As for judges, they were merely incompetent lawyers, at a rule, who were shelved by some fortunate turn of chance, and who would not, in all likelihood, be as efficient as the lawyers who pleaded before them if they were put in the same position. He had no respect for judges—he knew too much about them. He knew how often they were sycophants, political climbers, political hacks, tools, time-servers, judicial door-mats lying before the financially and politically great and powerful who used them as such. Judges were fools, as were most other people in this dusty, shifty world. Pah! His inscrutable eyes took them all in and gave no sign. His only safety lay, he thought, in the magnificent subtley of his own brain, and nowhere else. You could not convince Cowperwood of any great or inherent virtue in this mortal scheme of things. He knew too much; he knew himself.

When the judge finally cleared away the various minor motions pending, he ordered his clerk to call the case of the City of Philadelphia versus Frank A. Cowperwood, which was done in a clear voice. Both Dennis Shannon, the new district attorney, and Steger, were on their feet at once. Steger and Cowperwood, together with Shannon and Strobik, who had now come in and was standing as the representative of the State of Pennsylvania—the complainant—had seated themselves at the long table inside the railing which inclosed the space before the judge’s desk. Steger proposed to Judge Payderson, for effect’s sake more than anything else, that this indictment be quashed, but was overruled.

A jury to try the case was now quickly impaneled—twelve men out of the usual list called to serve for the month—and was then ready to be challenged by the opposing counsel. The business of impaneling a jury was a rather simple thing so far as this court was concerned.

It consisted in the mandarin-like clerk taking the names of all the jurors called to serve in this court for the month—some fifty in all—and putting them, each written on a separate slip of paper, in a whirling drum, spinning it around a few times, and then lifting out the first slip which his hand encountered, thus glorifying chance and settling on who should be juror No. 1. His hand reaching in twelve times drew out the names of the twelve jurymen, who as their names were called, were ordered to take their places in the jury-box.

Cowperwood observed this proceeding with a great deal of interest.

What could be more important than the men who were going to try him?

The process was too swift for accurate judgment, but he received a faint impression of middle-class men. One man in particular, however, an old man of sixty-five, with iron-gray hair and beard, shaggy eyebrows, sallow complexion, and stooped shoulders, struck him as having that kindness of temperament and breadth of experience which might under certain circumstances be argumentatively swayed in his favor. Another, a small, sharp-nosed, sharp-chinned commercial man of some kind, he immediately disliked.

“I hope I don’t have to have that man on my jury,” he said to Steger, quietly.

“You don’t,” replied Steger. “I’ll challenge him. We have the right to fifteen peremptory challenges on a case like this, and so has the prosecution.”

When the jury-box was finally full, the two lawyers waited for the clerk to bring them the small board upon which slips of paper bearing the names of the twelve jurors were fastened in rows in order of their selection—jurors one, two, and three being in the first row; four, five, and six in the second, and so on. It being the prerogative of the attorney for the prosecution to examine and challenge the jurors first, Shannon arose, and, taking the board, began to question them as to their trades or professions, their knowledge of the case before the court, and their possible prejudice for or against the prisoner.

It was the business of both Steger and Shannon to find men who knew a little something of finance and could understand a peculiar situation of this kind without any of them (looking at it from Steger’s point of view) having any prejudice against a man’s trying to assist himself by reasonable means to weather a financial storm or (looking at it from Shannon’s point of view) having any sympathy with such means, if they bore about them the least suspicion of chicanery, jugglery, or dishonest manipulation of any kind. As both Shannon and Steger in due course observed for themselves in connection with this jury, it was composed of that assorted social fry which the dragnets of the courts, cast into the ocean of the city, bring to the surface for purposes of this sort. It was made up in the main of managers, agents, tradesmen, editors, engineers, architects, furriers, grocers, traveling salesmen, authors, and every other kind of working citizen whose experience had fitted him for service in proceedings of this character. Rarely would you have found a man of great distinction; but very frequently a group of men who were possessed of no small modicum of that interesting quality known as hard common sense.