Chapter XLII
The trial moved on. One witness for the prosecution after another followed
until the State had built up an arraignment that satisfied Shannon that he
had established Cowperwood's guilt, whereupon he announced that he
rested. Steger at once arose and began a long argument for the dismissal of
the case on the ground that there was no evidence to show this, that and
the other, but Judge Payderson would have none of it. He knew how
important the matter was in the local political world.
"I don't think you had better go into all that now, Mr. Steger," he said,
wearily, after allowing him to proceed a reasonable distance. "I am familiar
with the custom of the city, and the indictment as here made does not
concern the custom of the city. Your argument is with the jury, not with me.
I couldn't enter into that now. You may renew your motion at the close of
the defendants' case. Motion denied."
District-Attorney Shannon, who had been listening attentively, sat down.
Steger, seeing there was no chance to soften the judge's mind by any
subtlety of argument, returned to Cowperwood, who smiled at the result.
"We'll just have to take our chances with the jury," he announced.
"I was sure of it," replied Cowperwood.
Steger then approached the jury, and, having outlined the case briefly from
his angle of observation, continued by telling them what he was sure the
evidence would show from his point of view.
"As a matter of fact, gentlemen, there is no essential difference in the
evidence which the prosecution can present and that which we, the defense,
can present. We are not going to dispute that Mr. Cowperwood received a
check from Mr. Stener for sixty thousand dollars, or that he failed to put the
certificate of city loan which that sum of money represented, and to which
he was entitled in payment as agent, in the sinking-fund, as the prosecution
now claims he should have done; but we are going to claim and prove also
beyond the shadow of a reasonable doubt that he had a right, as the agent
of the city, doing business with the city through its treasury department for
four years, to withhold, under an agreement which he had with the city
treasurer, all payments of money and all deposits of certificates in the
sinking-fund until the first day of each succeeding month—the first month
following any given transaction. As a matter of fact we can and will bring
many traders and bankers who have had dealings with the city treasury in
the past in just this way to prove this. The prosecution is going to ask you to
believe that Mr. Cowperwood knew at the time he received this check that he
was going to fail; that he did not buy the certificates, as he claimed, with the
view of placing them in the sinking-fund; and that, knowing he was going to
fail, and that he could not subsequently deposit them, he deliberately went
to Mr. Albert Stires, Mr. Stener's secretary, told him that he had purchased
such certificates, and on the strength of a falsehood, implied if not actually
spoken, secured the check, and walked away.
"Now, gentlemen, I am not going to enter into a long-winded discussion of
these points at this time, since the testimony is going to show very rapidly
what the facts are. We have a number of witnesses here, and we are all
anxious to have them heard. What I am going to ask you to remember is
that there is not one scintilla of testimony outside of that which may
possibly be given by Mr. George W. Stener, which will show either that Mr.
Cowperwood knew, at the time he called on the city treasurer, that he was
going to fail, or that he had not purchased the certificates in question, or
that he had not the right to withhold them from the sinking-fund as long as
he pleased up to the first of the month, the time he invariably struck a
balance with the city. Mr. Stener, the ex-city treasurer, may possibly testify
one way. Mr. Cowperwood, on his own behalf, will testify another. It will
then be for you gentlemen to decide between them, to decide which one you
prefer to believe—Mr. George W. Stener, the ex-city treasurer, the former
commercial associate of Mr. Cowperwood, who, after years and years of
profit, solely because of conditions of financial stress, fire, and panic,
preferred to turn on his one-time associate from whose labors he had reaped
so much profit, or Mr. Frank A. Cowperwood, the well-known banker and
financier, who did his best to weather the storm alone, who fulfilled to the
letter every agreement he ever had with the city, who has even until this
hour been busy trying to remedy the unfair financial difficulties forced upon
him by fire and panic, and who only yesterday made an offer to the city that,
if he were allowed to continue in uninterrupted control of his affairs he
would gladly repay as quickly as possible every dollar of his indebtedness
(which is really not all his), including the five hundred thousand dollars
under discussion between him and Mr. Stener and the city, and so prove by
his works, not talk, that there was no basis for this unfair suspicion of his
motives. As you perhaps surmise, the city has not chosen to accept his offer,
and I shall try and tell you why later, gentlemen. For the present we will
proceed with the testimony, and for the defense all I ask is that you give very
close attention to all that is testified to here to-day. Listen very carefully to
Mr. W. C. Davison when he is put on the stand. Listen equally carefully to
Mr. Cowperwood when we call him to testify. Follow the other testimony
closely, and then you will be able to judge for yourselves. See if you can
distinguish a just motive for this prosecution. I can't. I am very much
obliged to you for listening to me, gentlemen, so attentively."
He then put on Arthur Rivers, who had acted for Cowperwood on 'change as
special agent during the panic, to testify to the large quantities of city loan
he had purchased to stay the market; and then after him, Cowperwood's
brothers, Edward and Joseph, who testified to instructions received from
Rivers as to buying and selling city loan on that occasion—principally
buying.
The next witness was President W. C. Davison of the Girard National Bank.
He was a large man physically, not so round of body as full and broad. His
shoulders and chest were ample. He had a big blond head, with an ample
breadth of forehead, which was high and sane-looking. He had a thick,
squat nose, which, however, was forceful, and thin, firm, even lips. There
was the faintest touch of cynical humor in his hard blue eyes at times; but
mostly he was friendly, alert, placid-looking, without seeming in the least
sentimental or even kindly. His business, as one could see plainly, was to
insist on hard financial facts, and one could see also how he would naturally
be drawn to Frank Algernon Cowperwood without being mentally dominated
or upset by him. As he took the chair very quietly, and yet one might say
significantly, it was obvious that he felt that this sort of legal-financial
palaver was above the average man and beneath the dignity of a true
financier—in other words, a bother. The drowsy Sparkheaver holding up a
Bible beside him for him to swear by might as well have been a block of
wood. His oath was a personal matter with him. It was good business to tell
the truth at times. His testimony was very direct and very simple.
He had known Mr. Frank Algernon Cowperwood for nearly ten years. He had
done business with or through him nearly all of that time. He knew nothing
of his personal relations with Mr. Stener, and did not know Mr. Stener
personally. As for the particular check of sixty thousand dollars—yes, he
had seen it before. It had come into the bank on October 10th along with
other collateral to offset an overdraft on the part of Cowperwood & Co. It was
placed to the credit of Cowperwood & Co. on the books of the bank, and the
bank secured the cash through the clearing-house. No money was drawn
out of the bank by Cowperwood & Co. after that to create an overdraft. The
bank's account with Cowperwood was squared.
Nevertheless, Mr. Cowperwood might have drawn heavily, and nothing
would have been thought of it. Mr. Davison did not know that Mr.
Cowperwood was going to fail—did not suppose that he could, so quickly. He
had frequently overdrawn his account with the bank; as a matter of fact, it
was the regular course of his business to overdraw it. It kept his assets
actively in use, which was the height of good business. His overdrafts were
protected by collateral, however, and it was his custom to send bundles of
collateral or checks, or both, which were variously distributed to keep things
straight. Mr. Cowperwood's account was the largest and most active in the
bank, Mr. Davison kindly volunteered. When Mr. Cowperwood had failed
there had been over ninety thousand dollars' worth of certificates of city loan
in the bank's possession which Mr Cowperwood had sent there as collateral.
Shannon, on cross-examination, tried to find out for the sake of the effect on
the jury, whether Mr. Davison was not for some ulterior motive especially
favorable to Cowperwood. It was not possible for him to do that. Steger
followed, and did his best to render the favorable points made by Mr.
Davison in Cowperwood's behalf perfectly clear to the jury by having him
repeat them. Shannon objected, of course, but it was of no use. Steger
managed to make his point.
He now decided to have Cowperwood take the stand, and at the mention of
his name in this connection the whole courtroom bristled.
Cowperwood came forward briskly and quickly. He was so calm, so jaunty,
so defiant of life, and yet so courteous to it. These lawyers, this jury, this
straw-and-water judge, these machinations of fate, did not basically disturb
or humble or weaken him. He saw through the mental equipment of the jury
at once. He wanted to assist his counsel in disturbing and confusing
Shannon, but his reason told him that only an indestructible fabric of fact
or seeming would do it. He believed in the financial rightness of the thing he
had done. He was entitled to do it. Life was war—particularly financial life;
and strategy was its keynote, its duty, its necessity. Why should he bother
about petty, picayune minds which could not understand this? He went over
his history for Steger and the jury, and put the sanest, most comfortable
light on it that he could. He had not gone to Mr. Stener in the first place, he
said—he had been called. He had not urged Mr. Stener to anything. He had
merely shown him and his friends financial possibilities which they were
only too eager to seize upon. And they had seized upon them. (It was not
possible for Shannon to discover at this period how subtly he had organized
his street-car companies so that he could have "shaken out" Stener and his
friends without their being able to voice a single protest, so he talked of
these things as opportunities which he had made for Stener and others.
Shannon was not a financier, neither was Steger. They had to believe in a
way, though they doubted it, partly—particularly Shannon.) He was not
responsible for the custom prevailing in the office of the city treasurer, he
said. He was a banker and broker.
The jury looked at him, and believed all except this matter of the sixty-
thousand-dollar check. When it came to that he explained it all plausibly
enough. When he had gone to see Stener those several last days, he had not
fancied that he was really going to fail. He had asked Stener for some
money, it is true—not so very much, all things considered—one hundred
and fifty thousand dollars; but, as Stener should have testified, he
(Cowperwood) was not disturbed in his manner. Stener had merely been one
resource of his. He was satisfied at that time that he had many others. He
had not used the forceful language or made the urgent appeal which Stener
said he had, although he had pointed out to Stener that it was a mistake to
become panic-stricken, also to withhold further credit. It was true that
Stener was his easiest, his quickest resource, but not his only one. He
thought, as a matter of fact, that his credit would be greatly extended by his
principal money friends if necessary, and that he would have ample time to
patch up his affairs and keep things going until the storm should blow over.
He had told Stener of his extended purchase of city loan to stay the market
on the first day of the panic, and of the fact that sixty thousand dollars was
due him. Stener had made no objection. It was just possible that he was too
mentally disturbed at the time to pay close attention. After that, to his,
Cowperwood's, surprise, unexpected pressure on great financial houses
from unexpected directions had caused them to be not willingly but
unfortunately severe with him. This pressure, coming collectively the next
day, had compelled him to close his doors, though he had not really
expected to up to the last moment. His call for the sixty-thousand-dollar
check at the time had been purely fortuitous. He needed the money, of
course, but it was due him, and his clerks were all very busy. He merely
asked for and took it personally to save time. Stener knew if it had been
refused him he would have brought suit. The matter of depositing city loan
certificates in the sinking-fund, when purchased for the city, was something
to which he never gave any personal attention whatsoever. His bookkeeper,
Mr. Stapley, attended to all that. He did not know, as a matter of fact, that
they had not been deposited. (This was a barefaced lie. He did know.) As for
the check being turned over to the Girard National Bank, that was
fortuitous. It might just as well have been turned over to some other bank if
the conditions had been different.
Thus on and on he went, answering all of Steger's and Shannon's searching
questions with the most engaging frankness, and you could have sworn
from the solemnity with which he took it all—the serious business
attention—that he was the soul of so-called commercial honor. And to say
truly, he did believe in the justice as well as the necessity and the
importance of all that he had done and now described. He wanted the jury
to see it as he saw it—put itself in his place and sympathize with him.
He was through finally, and the effect on the jury of his testimony and his
personality was peculiar. Philip Moultrie, juror No. 1, decided that
Cowperwood was lying. He could not see how it was possible that he could
not know the day before that he was going to fail. He must have known, he
thought. Anyhow, the whole series of transactions between him and Stener
seemed deserving of some punishment, and all during this testimony he was
thinking how, when he got in the jury-room, he would vote guilty. He even
thought of some of the arguments he would use to convince the others that
Cowperwood was guilty. Juror No. 2, on the contrary, Simon Glassberg, a
clothier, thought he understood how it all came about, and decided to vote
for acquittal. He did not think Cowperwood was innocent, but he did not
think he deserved to be punished. Juror No. 3, Fletcher Norton, an
architect, thought Cowperwood was guilty, but at the same time that he was
too talented to be sent to prison. Juror No. 4, Charles Hillegan, an Irishman,
a contractor, and a somewhat religious-minded person, thought
Cowperwood was guilty and ought to be punished. Juror No. 5, Philip
Lukash, a coal merchant, thought he was guilty. Juror No. 6, Benjamin
Fraser, a mining expert, thought he was probably guilty, but he could not be
sure. Uncertain what he would do, juror No. 7, J. J. Bridges, a broker in
Third Street, small, practical, narrow, thought Cowperwood was shrewd and
guilty and deserved to be punished. He would vote for his punishment.
Juror No. 8, Guy E. Tripp, general manager of a small steamboat company,
was uncertain. Juror No. 9, Joseph Tisdale, a retired glue manufacturer,
thought Cowperwood was probably guilty as charged, but to Tisdale it was
no crime. Cowperwood was entitled to do as he had done under the
circumstances. Tisdale would vote for his acquittal. Juror No. 10, Richard
Marsh, a young florist, was for Cowperwood in a sentimental way. He had,
as a matter of fact, no real convictions. Juror No. 11, Richard Webber, a
grocer, small financially, but heavy physically, was for Cowperwood's
conviction. He thought him guilty. Juror No. 12, Washington B. Thomas, a
wholesale flour merchant, thought Cowperwood was guilty, but believed in a
recommendation to mercy after pronouncing him so. Men ought to be
reformed, was his slogan.
So they stood, and so Cowperwood left them, wondering whether any of his
testimony had had a favorable effect.
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