been placed at one end of the room. Ben didn't sit. He faced the crowd, rapped them to order with a large glass ashtray, and asked somebody near the doors to close them. He had changed perceptibly, even since the interview with Mr. Yates, and enormously since that day when a sniveling chauffeur had told his woes to Lefty. Yet there was something of that chauffeur in him now, as he threw back his shoulders and began to talk in quick, jerky, confident sentences. Perhaps it was his inability, in spite of his effort to do so, to give more than the meanest of assurances to this crowd, who were nervous about today, and worried about tomorrow. He tried to be lofty, to appeal to their civic spirit, or pride in their establishments, or something of the sort, as he told them what he had told Mr. Yates about the association and the new class of machine which he would make available to members; and yet somehow he sounded like a professional football coach, haranguing his men before a game, and barking, rather than talking.
Fortunately, however, it was an occasion where sense counted more than manner. They listened to him intently. When, coming to the question of membership, he borrowed a device from June and broke open a package of slips, they sprang forward, those on the front row, to help him distribute them, and when they had been filled out, to collect them and pile them on the table. Practically everybody, it seemed, wanted to be a member, to be supplied with the new type of machine, to be represented in court by Mr. Yates, to pay a moderate assessment, which would be collected only from the earnings of the machines.
Ben spoke perhaps twenty minutes, the formalities with the slips took another twenty, and then there were quite a few questions.
Then Mr. Yates took the floor. "Before we leave here to appear in court, I'd like to make my position clear. I represent association members and association members only. But any others, and any members who want to appear individually, with different counsel or with no counsel, are welcome to do so, and will merely have to ask the court that their cases be disjoined, and they'll have separate trial. Now just to get straight whom I represent and whom I don't will those who want separate trials please raise their hands?"
There were no hands.
"Very well, then I take it I represent you all. Now this isn't binding on you, but my advice is that when your case is called—whichever one of you happens to be called first as a sort of test case—you plead guilty. I can then ask the court to let me put into evidence, before it imposes sentence, the circumstances that attended the installation of these machines, the pressure from the Caspar organization, the intimidation, the 'heat,' as they say, that was turned on, and that ought to have great weight with the court in fixing the degree of guilt. There may be a small fine. If so, it will be credited to you, against the dues of the association—in other words you will have to pay the fine today, in cash, but the association will reimburse you. Now are there any questions?"
There weren't any, and a half hour later the throng was in Magistrate Himmelhaber's courtroom, filling it to the last row of benches, and streaming out into the hall and down the marble staircase into the lobby of the Hall of Justice. The police sergeant's voice sounded small and queer as he read the charges, and started to read the names, but Mr. Himmelhaber stopped him.
"Call the first case."
"Roscoe Darnat."
"Here."
"Roscoe Darnat, you are charged with the maintenance of a nuisance, in violation of Section 448 of the—"
"Dismiss it."
Mr. Himmelhaber looked a little annoyed, motioned to the sergeant. "Dismiss all those funny ones, try him on gambling charges only."
"Yes, Judge. Roscoe Darnat, you are charged with the operation of games of chance, on or about your premises at 3321 West Distler Avenue, on July 7 and various dates previous thereto—are you guilty or not
Fortunately, however, it was an occasion where sense counted more than manner. They listened to him intently. When, coming to the question of membership, he borrowed a device from June and broke open a package of slips, they sprang forward, those on the front row, to help him distribute them, and when they had been filled out, to collect them and pile them on the table. Practically everybody, it seemed, wanted to be a member, to be supplied with the new type of machine, to be represented in court by Mr. Yates, to pay a moderate assessment, which would be collected only from the earnings of the machines.
Ben spoke perhaps twenty minutes, the formalities with the slips took another twenty, and then there were quite a few questions.
Then Mr. Yates took the floor. "Before we leave here to appear in court, I'd like to make my position clear. I represent association members and association members only. But any others, and any members who want to appear individually, with different counsel or with no counsel, are welcome to do so, and will merely have to ask the court that their cases be disjoined, and they'll have separate trial. Now just to get straight whom I represent and whom I don't will those who want separate trials please raise their hands?"
There were no hands.
"Very well, then I take it I represent you all. Now this isn't binding on you, but my advice is that when your case is called—whichever one of you happens to be called first as a sort of test case—you plead guilty. I can then ask the court to let me put into evidence, before it imposes sentence, the circumstances that attended the installation of these machines, the pressure from the Caspar organization, the intimidation, the 'heat,' as they say, that was turned on, and that ought to have great weight with the court in fixing the degree of guilt. There may be a small fine. If so, it will be credited to you, against the dues of the association—in other words you will have to pay the fine today, in cash, but the association will reimburse you. Now are there any questions?"
There weren't any, and a half hour later the throng was in Magistrate Himmelhaber's courtroom, filling it to the last row of benches, and streaming out into the hall and down the marble staircase into the lobby of the Hall of Justice. The police sergeant's voice sounded small and queer as he read the charges, and started to read the names, but Mr. Himmelhaber stopped him.
"Call the first case."
"Roscoe Darnat."
"Here."
"Roscoe Darnat, you are charged with the maintenance of a nuisance, in violation of Section 448 of the—"
"Dismiss it."
Mr. Himmelhaber looked a little annoyed, motioned to the sergeant. "Dismiss all those funny ones, try him on gambling charges only."
"Yes, Judge. Roscoe Darnat, you are charged with the operation of games of chance, on or about your premises at 3321 West Distler Avenue, on July 7 and various dates previous thereto—are you guilty or not
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