Page:Train - Tutt and Mr Tutt (Scribner, 1922).djvu/31

This page has been proofread, but needs to be validated.

The Human Element

between The People of the State of New York and Angelo Serafino, charged with murder.

One by one as his name was called each took his seat in the witness chair upon the voir dire and perjured himself like a gentleman in order to escape from service, shyly confessing to an ineradicable prejudice against the entire Italian race and this defendant in particular, and to an antipathy against capital punishment which, so each unhesitatingly averred, would render him utterly incapable of satisfactorily performing his functions if selected as a juryman. Hardly one, however, but was routed by the Machiavellian Babson. Hardly one, however ingenious his excuse—whether about to be married or immediately become a father, whether engaged in a business deal involving millions which required his instant and personal attention whether in the last stages of illness or obligated to be present at the bedside of a dying wife—but was browbeaten into helplessness and ordered back to take his place amidst the waiting throng of recalcitrant citizens so disinclined to do their part in elevating that system of trial by jury the failure of which at other times they so loudly condemned.

This trifling preliminary having been concluded, the few jurymen who had managed to wriggle through the judicial sieve were allowed to with-

17