Chapter XXXIV
The contrasting pictures presented by Cowperwood and Stener at this time
are well worth a moment's consideration. Stener's face was grayish-white,
his lips blue. Cowperwood, despite various solemn thoughts concerning a
possible period of incarceration which this hue and cry now suggested, and
what that meant to his parents, his wife and children, his business
associates, and his friends, was as calm and collected as one might assume
his great mental resources would permit him to be. During all this whirl of
disaster he had never once lost his head or his courage. That thing
conscience, which obsesses and rides some people to destruction, did not
trouble him at all. He had no consciousness of what is currently known as
sin. There were just two faces to the shield of life from the point of view of
his peculiar mind-strength and weakness. Right and wrong? He did not
know about those. They were bound up in metaphysical abstrusities about
which he did not care to bother. Good and evil? Those were toys of clerics,
by which they made money. And as for social favor or social ostracism
which, on occasion, so quickly followed upon the heels of disaster of any
kind, well, what was social ostracism? Had either he or his parents been of
the best society as yet? And since not, and despite this present mix-up,
might not the future hold social restoration and position for him? It might.
Morality and immorality? He never considered them. But strength and
weakness—oh, yes! If you had strength you could protect yourself always
and be something. If you were weak—pass quickly to the rear and get out of
the range of the guns. He was strong, and he knew it, and somehow he
always believed in his star. Something—he could not say what—it was the
only metaphysics he bothered about—was doing something for him. It had
always helped him. It made things come out right at times. It put excellent
opportunities in his way. Why had he been given so fine a mind? Why
always favored financially, personally? He had not deserved it—earned it.
Accident, perhaps, but somehow the thought that he would always be
protected—these intuitions, the "hunches" to act which he frequently had—
could not be so easily explained. Life was a dark, insoluble mystery, but
whatever it was, strength and weakness were its two constituents. Strength
would win—weakness lose. He must rely on swiftness of thought, accuracy,
his judgment, and on nothing else. He was really a brilliant picture of
courage and energy—moving about briskly in a jaunty, dapper way, his
mustaches curled, his clothes pressed, his nails manicured, his face clean-
shaven and tinted with health.
In the meantime, Cowperwood had gone personally to Skelton C. Wheat and
tried to explain his side of the situation, alleging that he had done no
differently from many others before him, but Wheat was dubious. He did not
see how it was that the sixty thousand dollars' worth of certificates were not
in the sinking-fund. Cowperwood's explanation of custom did not avail.
Nevertheless, Mr. Wheat saw that others in politics had been profiting quite
as much as Cowperwood in other ways and he advised Cowperwood to turn
state's evidence. This, however, he promptly refused to do—he was no
"squealer," and indicated as much to Mr. Wheat, who only smiled wryly.
Butler, Sr., was delighted (concerned though he was about party success at
the polls), for now he had this villain in the toils and he would have a fine
time getting out of this. The incoming district attorney to succeed David
Pettie if the Republican party won would be, as was now planned, an
appointee of Butler's—a young Irishman who had done considerable legal
work for him—one Dennis Shannon. The other two party leaders had
already promised Butler that. Shannon was a smart, athletic, good-looking
fellow, all of five feet ten inches in height, sandy-haired, pink-cheeked, blue-
eyed, considerable of an orator and a fine legal fighter. He was very proud to
be in the old man's favor—to be promised a place on the ticket by him—and
would, he said, if elected, do his bidding to the best of his knowledge and
ability.
There was only one fly in the ointment, so far as some of the politicians were
concerned, and that was that if Cowperwood were convicted, Stener must
needs be also. There was no escape in so far as any one could see for the
city treasurer. If Cowperwood was guilty of securing by trickery sixty
thousand dollars' worth of the city money, Stener was guilty of securing five
hundred thousand dollars. The prison term for this was five years. He might
plead not guilty, and by submitting as evidence that what he did was due to
custom save himself from the odious necessity of pleading guilty; but he
would be convicted nevertheless. No jury could get by the fact in regard to
him. In spite of public opinion, when it came to a trial there might be
considerable doubt in Cowperwood's case. There was none in Stener's.
The practical manner in which the situation was furthered, after
Cowperwood and Stener were formally charged may be quickly noted.
Steger, Cowperwood's lawyer, learned privately beforehand that Cowperwood
was to be prosecuted. He arranged at once to have his client appear before
any warrant could be served, and to forestall the newspaper palaver which
would follow it if he had to be searched for.
The mayor issued a warrant for Cowperwood's arrest, and, in accordance
with Steger's plan, Cowperwood immediately appeared before Borchardt in
company with his lawyer and gave bail in twenty thousand dollars (W. C.
Davison, president of the Girard National Bank, being his surety), for his
appearance at the central police station on the following Saturday for a
hearing. Marcus Oldslaw, a lawyer, had been employed by Strobik as
president of the common council, to represent him in prosecuting the case
for the city. The mayor looked at Cowperwood curiously, for he, being
comparatively new to the political world of Philadelphia, was not so familiar
with him as others were; and Cowperwood returned the look pleasantly
enough.
"This is a great dumb show, Mr. Mayor," he observed once to Borchardt,
quietly, and the latter replied, with a smile and a kindly eye, that as far as
he was concerned, it was a form of procedure which was absolutely
unavoidable at this time.
"You know how it is, Mr. Cowperwood," he observed. The latter smiled. "I do,
indeed," he said.
Later there followed several more or less perfunctory appearances in a local
police court, known as the Central Court, where when arraigned he pleaded
not guilty, and finally his appearance before the November grand jury,
where, owing to the complicated nature of the charge drawn up against him
by Pettie, he thought it wise to appear. He was properly indicted by the
latter body (Shannon, the newly elected district attorney, making a
demonstration in force), and his trial ordered for December 5th before a
certain Judge Payderson in Part I of Quarter Sessions, which was the local
branch of the State courts dealing with crimes of this character. His
indictment did not occur, however, before the coming and going of the
much-mooted fall election, which resulted, thanks to the clever political
manipulations of Mollenhauer and Simpson (ballot-box stuffing and
personal violence at the polls not barred), in another victory, by, however, a
greatly reduced majority. The Citizens' Municipal Reform Association, in
spite of a resounding defeat at the polls, which could not have happened
except by fraud, continued to fire courageously away at those whom it
considered to be the chief malefactors.
Aileen Butler, during all this time, was following the trend of Cowperwood's
outward vicissitudes as heralded by the newspapers and the local gossip
with as much interest and bias and enthusiasm for him as her powerful
physical and affectional nature would permit. She was no great reasoner
where affection entered in, but shrewd enough without it; and, although she
saw him often and he told her much—as much as his natural caution would
permit—she yet gathered from the newspapers and private conversation, at
her own family's table and elsewhere, that, as bad as they said he was, he
was not as bad as he might be. One item only, clipped from the Philadelphia
Public Ledger soon after Cowperwood had been publicly accused of
embezzlement, comforted and consoled her. She cut it out and carried it in
her bosom; for, somehow, it seemed to show that her adored Frank was far
more sinned against than sinning. It was a part of one of those very
numerous pronunciamientos or reports issued by the Citizens' Municipal
Reform Association, and it ran:
"The aspects of the case are graver than have yet been allowed to reach the
public. Five hundred thousand dollars of the deficiency arises not from city
bonds sold and not accounted for, but from loans made by the treasurer to
his broker. The committee is also informed, on what it believes to be good
authority, that the loans sold by the broker were accounted for in the
monthly settlements at the lowest prices current during the month, and that
the difference between this rate and that actually realized was divided
between the treasurer and the broker, thus making it to the interest of both
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