formed an opinion, and he did not form it until after he had had a
good look at the prisoner,--although he did not say so. Two were
challenged by counsel and one got off because he admitted that he
was acquainted with a man who used to be connected with the District
Attorney's office,--he couldn't think of his name.

Smilk's attorney succeeded in executing a very clever piece of
strategy at the outset. No sooner had the jury been sworn than he
ordered the bailiffs to crowd three or four more chairs alongside
his table, and then blandly invited a considerable portion of the
audience to take their seats inside the railing. The persons
indicated included a tall, shabbily dressed woman and seven ragged,
pinched children, ranging in years from twelve down to three.
Immediately the prosecution fell into the trap. Two agitated
Assistant District Attorneys jumped to their feet and barked out an
objection to the presence of the accused's wife and family on the
inside of the fence, and the court promptly sustained them. He also
said some very sharp and caustic things to Smilk's lawyer. Mrs.
Smilk and her bewildered seven patiently resumed their seats in the
front row of spectators, but not until after a four year old girl,
surreptitiously pinched, had caused a mild sensation by piping: "I
want my daddy! I want my daddy!"

Smilk cringed and it was quite apparent to close observers that he
was having great difficulty in suppressing his emotions.

The first witness for the prosecution was Crittenden Yollop,
milliner, aged 44. A more thorough examination by the State would
have disclosed the fact that he was six feet tall, spare, slightly
bald, beardless, well-manicured, and faultlessly attired.