the order of the clerk, the
prisoner was brought out.
All faces were turned in his direction: the crowd of spectators swaying
as each one struggled for a passing glance.
I looked at Winters as he was led in between two wardens. Fear was
depicted in his face, and he shrank from the hostile and angry looks
that met him on all sides as with lowered head and eyes he made his way
to a place by his counsel.
It was hard to conceive how the appearance of that broken man could fail
to excite pity and there must have been some among the crowd who pitied
him, even though they condemned: but the majority saw only a murderer
and hated him.
It was the manifestation of that unreasoning brute instinct to torture
and kill dominant in the lower order of men, and which when encouraged
by numbers and incited by the chance of a helpless victim, finds its
active expression in a lynching.
When Winters had taken his place, the clerk read the indictment on
arraignment and then put the usual question: "Are you guilty or not
guilty?" to which the answer, in a low voice, was, "Not guilty!"
Next followed the selection of a jury. This task proved less difficult
than usual in such cases, mainly because Littell showed no disposition
to captious challenges, seeming only desirous of securing the services
of intelligent men.
In a little more than two hours therefore, the twelve men were in their
places and had been sworn, and as I looked over the jury, I felt that
Littell had obtained his object, for its personnel was above the
average.
The opening address of the junior for the State, which followed after a
recess, was a clear and a concise statement of the facts, free from
argument and dispassionate as it should be.
Upon its conclusion the State proceeded to offer its testimony. Witness
after witness was called in rapid succession. First the technical
requirements of the case were established: the death of the deceased,
the character of the wound, the nature of the instrument used, and then
other similar formal details; and thus in categorical questions and
answers that were uninteresting, but essential, the first day's
proceedings drew to a close.
During each examination Littell had been an attentive listener, but had
portrayed no special concern and had rarely interrupted. He was too good
a lawyer to lessen his prestige with the jury by indulging in aimless
cross-questions of witnesses who had simply told the truth about
undis
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