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I can safely leave you.”

be a very satisfactory one, if we all try to interpret the facts correctly. This defendant, Mr. Cowperwood, comes into this Steger suddenly turned from the jury-box and walked to court to-day charged, as I have stated to you before, with his seat beside Cowperwood, while Shannon arose, calm, larceny, with larceny as bailee, with embezzlement, and with forceful, vigorous, much younger.

embezzlement of a specific check—namely, one dated Oc-As between man and man, Shannon was not particularly tober 9, 1871, drawn to the order of Frank A. Cowperwood opposed to the case Steger had made out for Cowperwood,

& Company for the sum of sixty thousand dollars by the nor was he opposed to Cowperwood’s having made money secretary of the city treasurer for the city treasurer, and by as he did. As a matter of fact, Shannon actually thought that him signed, as he had a perfect right to sign it, and delivered if he had been in Cowperwood’s position he would have done to the said Frank A. Cowperwood, who claims that he was exactly the same thing. However, he was the newly elected not only properly solvent at the time, but had previously district attorney. He had a record to make; and, besides, the purchased certificates of city loan to the value of sixty thou-political powers who were above him were satisfied that sand dollars, and had at that time or would shortly thereaf-Cowperwood ought to be convicted for the looks of the thing.

ter, as was his custom, deposit them to the credit of the city Therefore he laid his hands firmly on the rail at first, looked in the city sinking-fund, and thus close what would ordi-the jurors steadily in the eyes for a time, and, having framed narily be an ordinary transaction—namely, that of Frank A.

a few thoughts in his mind began: Cowperwood & Company as bankers and brokers for the city buying city loan for the city, depositing it in the sink-

“Now, gentlemen of the jury, it seems to me that if we all ing-fund, and being promptly and properly reimbursed. Now, pay strict attention to what has transpired here to-day, we gentlemen, what are the actual facts in this case? Was the will have no difficulty in reaching a conclusion; and it will said Frank A. Cowperwood & Company—there is no com-340

Dreiser

pany, as you well know, as you have heard testified here to-not? A business man has a right to abrogate an agreement at day, only Frank A. Cowperwood—was the said Frank A.

any time where there is no specific form of contract and no Cowperwood a fit person to receive the check at this time in fixed period of operation entered into—as you all must know.

the manner he received it—that is, was he authorized agent You must not forget that in considering the evidence in this of the city at the time, or was he not? Was he solvent? Did he case. Did George W. Stener, knowing or suspecting that Frank actually himself think he was going to fail, and was this sixty-A. Cowperwood was in a tight place financially, unable to thousand-dollar check a last thin straw which he was grab-fulfill any longer properly and honestly the duties suppos-bing at to save his financial life regardless of what it involved edly devolving on him by this agreement, terminate it then legally, morally, or otherwise; or had he actually purchased and there on October 9, 1871, before this check for sixty certificates of city loan to the amount he said he had in the thousand dollars was given, or did he not? Did Mr. Frank A.

way he said he had, at the time he said he had, and was he Cowperwood then and there, knowing that he was no longer merely collecting his honest due? Did he intend to deposit an agent of the city treasurer and the city, and knowing also these certificates of loans in the city sinking-fund, as he said that he was insolvent (having, as Mr. Stener contends, ad-he would—as it was understood naturally and normally that mitted to him that he was so), and having no intention of he would—or did he not? Were his relations with the city placing the certificates which he subsequently declared he treasurer as broker and agent the same as they had always had purchased in the sinking-fund, go out into Mr. Stener’s been on the day that he secured this particular check for general office, meet his secretary, tell him he had purchased sixty thousand dollars, or were they not? Had they been ter-sixty thousand dollars’ worth of city loan, ask for the check, minated by a conversation fifteen minutes before or two days get it, put it in his pocket, walk off, and never make any before or two weeks before—it makes no difference when, return of any kind in any manner, shape, or form to the city, so long as they had been properly terminated—or had they and then, subsequently, twenty-four hours later, fail, owing 341

The Financier

this and five hundred thousand dollars more to the city trea-uncertain financial cogitation to assist in unraveling a possi-sury, or did he not? What are the facts in this case? What bly difficult financial problem; and then you have a case of a have the witnesses testified to? What has George W. Stener quiet, private financial understanding being reached, and of testified to, Albert Stires, President Davison, Mr.

subsequent illegal dealings in which one man who is shrewder, Cowperwood himself? What are the interesting, subtle facts wiser, more versed in the subtle ways of Third Street leads in this case, anyhow? Gentlemen, you have a very curious the other along over seemingly charming paths of fortunate problem to decide.”

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