Ity known as hard common sense.

Throughout all this Cowperwood sat quietly examining the men. A young florist, with a pale face, a wide speculative forehead, and anemic hands, struck him as being sufficiently 316

Dreiser

Chapter XLI

“Now, gentlemen,” said Mr. Shannon, very quietly, “before we go into this very simple question of whether Mr.

AT TWO O’CLOCK SHARP Dennis Shannon, as district attor-Cowperwood did or did not on the date in question get from ney, began his opening address. He stated in a very simple, the city treasurer sixty thousand dollars, for which he made kindly way—for he had a most engaging manner—that the no honest return, let me explain to you just what the people indictment as here presented charged Mr. Frank A.

mean when they charge him first with larceny, second with Cowperwood, who was sitting at the table inside the jury-embezzlement, third with larceny as bailee, and fourth with rail, first with larceny, second with embezzlement, third with embezzlement on a check. Now, as you see, there are four larceny as bailee, and fourth with embezzlement of a certain counts here, as we lawyers term them, and the reason there sum of money—a specific sum, to wit, sixty thousand dol-are four counts is as follows: A man may be guilty of larceny lars—on a check given him (drawn to his order) October 9, and embezzlement at the same time, or of larceny or em-1871, which was intended to reimburse him for a certain bezzlement separately, and without being guilty of the other, number of certificates of city loan, which he as agent or bai-and the district attorney representing the people might be lee of the check was supposed to have purchased for the city uncertain, not that he was not guilty of both, but that it sinking-fund on the order of the city treasurer (under some might not be possible to present the evidence under one form of agreement which had been in existence between count, so as to insure his adequate punishment for a crime them, and which had been in force for some time)—said which in a way involved both. In such cases, gentlemen, it is fund being intended to take up such certificates as they might customary to indict a man under separate counts, as has been mature in the hands of holders and be presented for pay-done in this case. Now, the four counts in this case, in a way, ment—for which purpose, however, the check in question overlap and confirm each other, and it will be your duty, had never been used.

after we have explained their nature and character and pre-317

The Financier

sented the evidence, to say whether the defendant is guilty we will proceed to the history of this crime, which proves to on one count or the other, or on two or three of the counts, me as an individual that this defendant has one of the most or on all four, just as you see fit and proper—or, to put it in subtle and dangerous minds of the criminal financier type, a better way, as the evidence warrants. Larceny, as you may and we hope by witnesses to prove that to you, also.” or may not know, is the act of taking away the goods or Shannon, because the rules of evidence and court proce-chattels of another without his knowledge or consent, and dure here admitted of no interruption of the prosecution in embezzlement is the fraudulent appropriation to one’s own presenting a case, then went on to describe from his own use of what is intrusted to one’s care and management, espe-point of view how Cowperwood had first met Stener; how cially money. Larceny as bailee, on the other hand, is simply he had wormed himself into his confidence; how little fi-a more definite form of larceny wherein one fixes the act of nancial knowledge Stener had, and so forth; coming down carrying away the goods of another without his knowledge finally to the day the check for sixty thousand dollars was or consent on the person to whom the goods were delivered given Cowperwood; how Stener, as treasurer, claimed that in trust that is, the agent or bailee. Embezzlement on a check, he knew nothing of its delivery, which constituted the base which constitutes the fourth charge, is simply a more defi-of the charge of larceny; how Cowperwood, having it, mis-nite form of fixing charge number two in an exact way and appropriated the certificates supposed to have been purchased signifies appropriating the money on a check given for a cer-for the sinking-fund, if they were purchased at all—all of tain definite purpose. All of these charges, as you can see, which Shannon said constituted the crimes with which the gentlemen, are in a way synonymous. They overlap and over-defendant was charged, and of which he was unquestion-lay each other. The people, through their representative, the ably guilty.

district attorney, contend that Mr. Cowperwood, the defen-

“We have direct and positive evidence of all that we have dant here, is guilty of all four charges. So now, gentlemen, thus far contended, gentlemen,” Mr. Shannon concluded 318

Dreiser

violently. “This is not a matter of hearsay or theory, but of been elected to the office in the fall of 1864. He had been fact. You will be shown by direct testimony which cannot be troubled about the condition of city loan, which was below shaken just how it was done. If, after you have heard all this, par, and which could not be sold by the city legally at any-you still think this man is innocent—that he did not com-thing but par. Cowperwood had been recommended to him mit the crimes with which he is charged—it is your business by some one—Mr. Strobik, he believed, though he couldn’t to acquit him. On the other hand, if you think the witnesses be sure. It was the custom of city treasurers to employ bro-whom we shall put on the stand are telling the truth, then it kers, or a broker, in a crisis of this kind, and he was merely is your business to convict him, to find a verdict for the people following what had been the custom. He went on to de-as against the defendant. I thank you for your attention.” scribe, under steady promptings and questions from the in-The jurors stirred comfortably and took positions of ease, cisive mind of Shannon, just what the nature of this first in which they thought they were to rest for the time; but conversation was—he remembered it fairly well; how Mr.

their idle comfort was of short duration for Shannon now Cowperwood had said he thought he could do what was called out the name of George W. Stener, who came hurry-wanted; how he had gone away and drawn up a plan or ing forward very pale, very flaccid, very tired-looking. His thought one out; and how he had returned and laid it before eyes, as he took his seat in the witness-chair, laying his hand Stener. Under Shannon’s skillful guidance Stener elucidated on the Bible and swearing to tell the truth, roved in a rest-just what this scheme was—which wasn’t exactly so flatter-less, nervous manner.

ing to the honesty of men in general as it was a testimonial His voice was a little weak as he started to give his testi-to their subtlety and skill.

mony. He told first how he had met Cowperwood in the After much discussion of Stener’s and Cowperwood’s rela-early months of 1866—he could not remember the exact tions the story finally got down to the preceding October, day; it was during his first term as city treasurer—he had when by reason of companionship, long business understand-319

The Financier

ing, mutually prosperous relationship, etc., the place bad been The examination now came down to the matter of the reached where, it was explained, Cowperwood was not only particular check for sixty thousand dollars which Albert Stires handling several millions of city loan annually, buying and had handed Cowperwood on the afternoon—late—of Oc-selling for the city and trading in it generally, but in the bar-tober 9, 1871. Shannon showed Stener the check itself. Had gain had secured one five hundred thousand dollars’ worth he ever seen it? Yes. Where? In the office of District Attorney of city money at an exceedingly low rate of interest, which Pettie on October 20th, or thereabouts last. Was that the was being invested for himself and Stener in profitable street-first time he had seen it? Yes. Had he ever heard about it car ventures of one kind and another. Stener was not anx-before then? Yes. When? On October 10th last. Would he ious to be altogether clear on this point; but Shannon, see-kindly tell the jury in his own way just how and under what ing that he was later to prosecute Stener himself for this very circumstances he first heard of it then? Stener twisted un-crime of embezzlement, and that Steger would soon follow comfortably in his chair. It was a hard thing to do. It was not in cross-examination, was not willing to let him be hazy.

a pleasant commentary on his own character and degree of Shannon wanted to fix Cowperwood in the minds of the moral stamina, to say the least. However, he cleared his throat jury as a clever, tricky person, and by degrees he certainly again and began a description of that small but bitter section managed to indicate a very subtle-minded man. Occasion-of his life’s drama in which Cowperwood, finding himself in ally, as one sharp point after another of Cowperwood’s skill a tight place and about to fail, had come to him at his office was brought out and made moderately clear, one juror or and demanded that he loan him three hundred thousand another turned to look at Cowperwood. And he noting this dollars more in one lump sum.

and in order to impress them all as favorably as possible merely There was considerable bickering just at this point between gazed Stenerward with a steady air of intelligence and com-Steger and Shannon, for the former was very anxious to make prehension.