Page:Upbuilders by Lincoln Steffens.djvu/261

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on the stand and perjured themselves.” And their perjury was all in vain. District-attorney Lindsley had to act. Lindsley is the man who got his office when Lindsey wanted it, and the Judge urged him now to do what he, himself, had thought of doing: use the power of the public prosecutor to prosecute public criminals and clean up the city. Lindsley wouldn’t; he was in the gang, and other gangsters said he didn’t dare. He proposed that the Judge meet with a committee of the party leaders and discuss what should be done. The Judge refused. And the newspapers made demands. So Lindsley had to make a show of action. He called on the Judge and talked about doing his duty. He has a peculiar whine, Lindsley has, and in that whining way he protested to the Judge that while he didn’t believe the commissioners could be convicted, he would do his duty. Judge Lindsey happened to go down to the Democratic Club right after this talk, and he found Lindsley there drinking with one of the accused commissioners. And the information that this District-attorney drew was under a statute which limited the penalty to $300 fine and removal from office.

The newspapers, principally Senator Patter- son s, forced this case to trial. District-attorney Lindsley refused to appear in it himself; he