It was truly a case of "The People vs. Stuart (alias Berdue) and Windred," charged with robbery and assault. Coleman and his Committee of Twelve were in absolute charge. They selected as judges, three popular and trusted citizens, J.R. Spence, H.R. Bowie and C.L. Ross. W.A. Jones was named the judge's clerk and J.E. Townes the whilom sheriff.
While the jury was impaneling, Brannan spoke to Benito: "Twelve good men and true; the phrase means something here. Lord, if we could have such jurymen as these in all our American courts."
Benito nodded. "They've appointed Bill Coleman as public prosecutor; that's rather a joke on Bill."
Judge Spence, who sat between his two colleagues, presiding on the bench, now spoke:
"I appoint Judge Shattuck and--er--Hall McAllister as counsel for the defendants."
There was a murmur of interest. Judge Shattuck, dignified, a trifle ponderous, came forward, spectacles in hand. He put them on, surveyed his clients with distaste, and took his place composedly at the table. Hall McAllister, dapper, young and something of a dandy, advanced with less assurance. He would have preferred the other side of the case, for he did not like running counter to the people.
Amid a stir the prisoners were led forward to the dock. Judge Spence, looking down at them over his spectacles, read the charges. "Are you guilty or not guilty?" he asked.
Windred, the younger, with a frightened glance about the court room, murmured almost inaudibly, "Not guilty." The other, in a deep and penetrating voice, began a sort of speech. It was incoherent, agonized. Benito thought it held a semblance of sincerity.
"Always, your honor," he declared, "I am mistaken for that scoundrel; that Stuart.... I am a decent man ... but what is the use? I say it's terrible...."
"Judge" Spence removed his eyeglasses and wiped them nervously; "does anyone in the courtroom recognize this man as Thomas Berdue?"