When Cowperwood reached the jail, Jaspers was there, glad to see him but principally relieved to feel that nothing had happened to mar his own reputation as a sheriff. Because of the urgency of court matters generally, it was decided to depart for the courtroom at nine o'clock. Eddie Zanders was once more delegated to see that Cowperwood was brought safely before Judge Payderson and afterward taken to the penitentiary. All of the papers in the case were put in his care to be delivered to the warden.
"I suppose you know," confided Sheriff Jaspers to Steger, "that Stener is here. He ain't got no money now, but I gave him a private room just the same. I didn't want to put a man like him in no cell." Sheriff Jaspers sympathized with Stener.
"That's right. I'm glad to hear that," replied Steger, smiling to himself.
"I didn't suppose from what I've heard that Mr. Cowperwood would want to meet Stener here, so I've kept 'em apart. George just left a minute ago with another deputy."
"That's good. That's the way it ought to be," replied Steger.
He was glad for Cowperwood's sake that the sheriff had so much tact. Evidently George and the sheriff were getting along in a very friendly way, for all the former's bitter troubles and lack of means.
The Cowperwood party walked, the distance not being great, and as they did so they talked of rather simple things to avoid the more serious.
"Things aren't going to be so bad," Edward said to his father.
"Steger says the Governor is sure to pardon Stener in a year or less, and if he does he's bound to let Frank out too."
Cowperwood, the elder, had heard this over and over, but he was never tired of hearing it. It was like some simple croon with which babies are hushed to sleep. The snow on the ground, which was enduring remarkably well for this time of year, the fineness of the day, which had started out to be clear and bright, the hope that the courtroom might not be full, all held the attention of the father and his two sons. Cowperwood, senior, even commented on some sparrows fighting over a piece of bread, marveling how well they did in winter, solely to ease his mind. Cowperwood, walking on ahead with Steger and Zanders, talked of approaching court proceedings in connection with his business and what ought to be done.
When they reached the court the same little pen in which Cowperwood had awaited the verdict of his jury several months before was waiting to receive him.
Cowperwood, senior, and his other sons sought places in the courtroom proper. Eddie Zanders remained with his charge. Stener and a deputy by the name of Wilkerson were in the room; but he and Cowperwood pretended now not to see each other. Frank had no objection to talking to his former associate, but he could see that Stener was diffident and ashamed. So he let the situation pass without look or word of any kind. After some three-quarters of an hour of dreary waiting the door leading into the courtroom proper opened and a bailiff stepped in.
"All prisoners up for sentence," he called.
There were six, all told, including Cowperwood and Stener. Two of them were confederate housebreakers who had been caught red-handed at their midnight task.
Another prisoner was no more and no less than a plain horse-thief, a young man of twenty-six, who had been convicted by a jury of stealing a grocer's horse and selling it. The last man was a negro, a tall, shambling, illiterate, nebulous-minded black, who had walked off with an apparently discarded section of lead pipe which he had found in a lumber-yard. His idea was to sell or trade it for a drink. He really did not belong in this court at all; but, having been caught by an undersized American watchman charged with the care of the property, and having at first refused to plead guilty, not quite understanding what was to be done with him, he had been perforce bound over to this court for trial.
Afterward he had changed his mind and admitted his guilt, so he now had to come before Judge Payderson for sentence or dismissal.
The lower court before which he had originally been brought had lost jurisdiction by binding him over to to higher court for trial.
Eddie Zanders, in his self-appointed position as guide and mentor to Cowperwood, had confided nearly all of this data to him as he stood waiting.
The courtroom was crowded. It was very humiliating to Cowperwood to have to file in this way along the side aisle with these others, followed by Stener, well dressed but sickly looking and disconsolate.
The negro, Charles Ackerman, was the first on the list.
"How is it this man comes before me?" asked Payderson, peevishly, when he noted the value of the property Ackerman was supposed to have stolen.
"Your honor," the assistant district attorney explained, promptly, "this man was before a lower court and refused, because he was drunk, or something, to plead guilty. The lower court, because the complainant would not forego the charge, was compelled to bind him over to this court for trial. Since then he has changed his mind and has admitted his guilt to the district attorney. He would not be brought before you except we have no alternative.
He has to be brought here now in order to clear the calendar."
Judge Payderson stared quizzically at the negro, who, obviously not very much disturbed by this examination, was leaning comfortably on the gate or bar before which the average criminal stood erect and terrified. He had been before police-court magistrates before on one charge and another--drunkenness, disorderly conduct, and the like--but his whole attitude was one of shambling, lackadaisical, amusing innocence.
"Well, Ackerman," inquired his honor, severely, "did you or did you not steal this piece of lead pipe as charged here--four dollars and eighty cents' worth?"