Page:Train - Tutt and Mr Tutt (Scribner, 1922).djvu/88

 probable length of the trial was partially demonstrated when it developed that most of the talesmen had a pronounced antipathy to Chinese murder cases, and a deep-rooted prejudice against the race as a whole. In fact, a certain subconscious influence affecting most of them was formulated by the thirty-ninth talesman to be rejected, who, in a moment of resentment, burst forth, "I don't mind trying decent American criminals, but I hold it isn't any part of a citizen's duty to try Chinamen!" and was promptly struck off the jury list.

"I say, chief," disgustedly declared O'Brien to Peckham at the noon recess as they clinked glasses over the bar at Pont's, "you've handed me a ripe, juicy Messina all right! I won't be able to get a jury. We've been at it since ten o'clock and we haven't lured a single sucker into the box!"

"What's the matter?" inquired the D. A. apprehensively.

"I can't quite make out," answered O'Brien. "But most of 'em seem to have a sort of idea that to kill a Chinaman ain't a crime but a virtue!"

"Well, don't tell anybody," whispered Peckham, "but I'm somewhat of that way of thinking myself. Set 'em up again, John!"

However, by invoking the utmost celerity a jury was at last selected and sworn at the end of the nineteenth day of the trial. As a jury O'Brien