Chapter LII
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?"
"Yassah, I did," he began. "I tell you how it was, jedge. I was a-comin' along
past dat lumber-yard one Saturday afternoon, and I hadn't been wuckin',
an' I saw dat piece o' pipe thoo de fence, lyin' inside, and I jes' reached thoo
with a piece o' boad I found dey and pulled it over to me an' tuck it. An'
aftahwahd dis Mistah Watchman man"—he waved his hand oratorically
toward the witness-chair, where, in case the judge might wish to ask him
some questions, the complainant had taken his stand—"come around tuh
where I live an' accused me of done takin' it."
"But you did take it, didn't you?"
"Yassah, I done tuck it."
"What did you do with it?"
"I traded it foh twenty-five cents."
"You mean you sold it," corrected his honor.
"Yassah, I done sold it."
"Well, don't you know it's wrong to do anything like that? Didn't you know
when you reached through that fence and pulled that pipe over to you that
you were stealing? Didn't you?"
"Yassah, I knowed it was wrong," replied Ackerman, sheepishly. "I didn'
think 'twuz stealin' like zackly, but I done knowed it was wrong. I done
knowed I oughtn' take it, I guess."
"Of course you did. Of course you did. That's just it. You knew you were
stealing, and still you took it. Has the man to whom this negro sold the lead
pipe been apprehended yet?" the judge inquired sharply of the district
attorney. "He should be, for he's more guilty than this negro, a receiver of
stolen goods."
"Yes, sir," replied the assistant. "His case is before Judge Yawger."
"Quite right. It should be," replied Payderson, severely. "This matter of
receiving stolen property is one of the worst offenses, in my judgment."
He then turned his attention to Ackerman again. "Now, look here,
Ackerman," he exclaimed, irritated at having to bother with such a pretty
case, "I want to say something to you, and I want you to pay strict attention
to me. Straighten up, there! Don't lean on that gate! You are in the presence
of the law now." Ackerman had sprawled himself comfortably down on his
elbows as he would have if he had been leaning over a back-fence gate
talking to some one, but he immediately drew himself straight, still grinning
foolishly and apologetically, when he heard this. "You are not so dull but
that you can understand what I am going to say to you. The offense you
have committed—stealing a piece of lead pipe—is a crime. Do you hear me?
A criminal offense—one that I could punish you very severely for. I could
send you to the penitentiary for one year if I chose—the law says I may—one
year at hard labor for stealing a piece of lead pipe. Now, if you have any
sense you will pay strict attention to what I am going to tell you. I am not
going to send you to the penitentiary right now. I'm going to wait a little
while. I am going to sentence you to one year in the penitentiary—one year.
Do you understand?" Ackerman blanched a little and licked his lips
nervously. "And then I am going to suspend that sentence—hold it over your
head, so that if you are ever caught taking anything else you will be
punished for this offense and the next one also at one and the same time.
Do you understand that? Do you know what I mean? Tell me. Do you?"
"Yessah! I does, sir," replied the negro. "You'se gwine to let me go now—tha's
it."
The audience grinned, and his honor made a wry face to prevent his own
grim grin.
"I'm going to let you go only so long as you don't steal anything else," he
thundered. "The moment you steal anything else, back you come to this
court, and then you go to the penitentiary for a year and whatever more time
you deserve. Do you understand that? Now, I want you to walk straight out
of this court and behave yourself. Don't ever steal anything. Get something
to do! Don't steal, do you hear? Don't touch anything that doesn't belong to
you! Don't come back here! If you do, I'll send you to the penitentiary, sure."
"Yassah! No, sah, I won't," replied Ackerman, nervously. "I won't take nothin'
more that don't belong tuh me."
He shuffled away, after a moment, urged along by the guiding hand of a
bailiff, and was put safely outside the court, amid a mixture of smiles and
laughter over his simplicity and Payderson's undue severity of manner. But
the next case was called and soon engrossed the interest of the audience.
It was that of the two housebreakers whom Cowperwood had been and was
still studying with much curiosity. In all his life before he had never
witnessed a sentencing scene of any kind. He had never been in police or
criminal courts of any kind—rarely in any of the civil ones. He was glad to
see the negro go, and gave Payderson credit for having some sense and
sympathy—more than he had expected.
He wondered now whether by any chance Aileen was here. He had objected
to her coming, but she might have done so. She was, as a matter of fact, in
the extreme rear, pocketed in a crowd near the door, heavily veiled, but
present. She had not been able to resist the desire to know quickly and
surely her beloved's fate—to be near him in his hour of real suffering, as she
thought. She was greatly angered at seeing him brought in with a line of
ordinary criminals and made to wait in this, to her, shameful public
manner, but she could not help admiring all the more the dignity and
superiority of his presence even here. He was not even pale, as she saw, just
the same firm, calm soul she had always known him to be. If he could only
see her now; if he would only look so she could lift her veil and smile! He
didn't, though; he wouldn't. He didn't want to see her here. But she would
tell him all about it when she saw him again just the same.
The two burglars were quickly disposed of by the judge, with a sentence of
one year each, and they were led away, uncertain, and apparently not
knowing what to think of their crime or their future.
When it came to Cowperwood's turn to be called, his honor himself stiffened
and straightened up, for this was a different type of man and could not be
handled in the usual manner. He knew exactly what he was going to say.
When one of Mollenhauer's agents, a close friend of Butler's, had suggested
that five years for both Cowperwood and Stener would be about right, he
knew exactly what to do. "Frank Algernon Cowperwood," called the clerk.
Cowperwood stepped briskly forward, sorry for himself, ashamed of his
position in a way, but showing it neither in look nor manner. Payderson
eyed him as he had the others.
"Name?" asked the bailiff, for the benefit of the court stenographer.
"Frank Algernon Cowperwood."
"Residence?"
"1937 Girard Avenue."
"Occupation?"
"Banker and broker."
Steger stood close beside him, very dignified, very forceful, ready to make a
final statement for the benefit of the court and the public when the time
should come. Aileen, from her position in the crowd near the door, was for
the first time in her life biting her fingers nervously and there were great
beads of perspiration on her brow. Cowperwood's father was tense with
excitement and his two brothers looked quickly away, doing their best to
hide their fear and sorrow.
"Ever convicted before?"
"Never," replied Steger for Cowperwood, quietly.
"Frank Algernon Cowperwood," called the clerk, in his nasal, singsong way,
coming forward, "have you anything to say why judgment should not now be
pronounced upon you? If so, speak."
Cowperwood started to say no, but Steger put up his hand.
"If the court pleases, my client, Mr. Cowperwood, the prisoner at the bar, is
neither guilty in his own estimation, nor in that of two-fifths of the
Pennsylvania State Supreme Court—the court of last resort in this State," he
exclaimed, loudly and clearly, so that all might hear.
One of the interested listeners and spectators at this point was Edward
Malia Butler, who had just stepped in from another courtroom where he had
been talking to a judge. An obsequious court attendant had warned him
that Cowperwood was about to be sentenced. He had really come here this
morning in order not to miss this sentence, but he cloaked his motive under
the guise of another errand. He did not know that Aileen was there, nor did
he see her.
"As he himself testified at the time of his trial," went on Steger, "and as the
evidence clearly showed, he was never more than an agent for the gentleman
whose offense was subsequently adjudicated by this court; and as an agent
he still maintains, and two-fifths of the State Supreme Court agree with
him, that he was strictly within his rights and privileges in not having
deposited the sixty thousand dollars' worth of city loan certificates at the
time, and in the manner which the people, acting through the district
attorney, complained that he should have. My client is a man of rare
financial ability. By the various letters which have been submitted to your
honor in his behalf, you will see that he commands the respect and the
sympathy of a large majority of the most forceful and eminent men in his
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