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THE FINANCIER
Still he was fond of her, very, and would do anything to make her
happy. He could support her in a very respectable way even now, if
he did not eventually go to prison, and even there he might manage to make some shift for her. It would be so much better, though, if
he could persuade her to remain at home until he knew exactly what
his fate was to be. He never doubted but that some day, whatever
happened, within a reasonable length of time, he would be rid of all
these complications and well-to-do again, in which case, if he could
get a divorce, he wanted to marry Aileen. If not, he would take her
with him anyhow, and from this point of view it might be just as
well as if she broke away from her family now. But from the point of
view of present complications – the search Butler would make – it
might be dangerous. He might even publicly charge him with abduction. He therefore decided to persuade Aileen to stay at home,
drop meetings and communications for the time being, and even
go abroad. He would be all right until she came back and so would
she – common sense ought to rule in this case.
With all this in mind he set out to keep the appointment
she suggested in her letter, nevertheless feeling it a little dangerous to do so.
«Are you sure», he asked, after he had listened to her description of the Calligan homestead, «that you would like it there?
It sounds rather poor to me».
«Yes, but I like them so much», replied Aileen.
«And you’re sure they won’t tell on you?»
«Oh, no; never, never!»
«Very well», he concluded. «You know what you’re doing.
I don’t want to advise you against your will. If I were you, though,
I’d take your father’s advice and go away for a while. He’ll get over
this then, and I’ll still be here. I can write you occasionally, and you
can write me».
The moment Cowperwood said this Aileen’s brow clouded.
Her love for him was so great that there was something like a knife
thrust in the merest hint at an extended separation. Her Frank here
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THEODORE DREISER
and in trouble – on trial maybe and she away! Never! What could
he mean by suggesting such a thing? Could it be that he didn’t care
for her as much as she did for him? Did he really love her? she asked
herself. Was he going to desert her just when she was going to do
the thing which would bring them nearer together? Her eyes clouded, for she was terribly hurt.
«Why, how you talk!» she exclaimed. «You know I won’t leave
Philadelphia now. You certainly don’t expect me to leave you».
Cowperwood saw it all very clearly. He was too shrewd not to.
He was immensely fond of her. Good heaven, he thought, he would
not hurt her feelings for the world!
«Honey», he said, quickly, when he saw her eyes, «you don’t understand. I want you to do what you want to do. You’ve planned
this out in order to be with me; so now you do it. Don’t think any
more about me or anything I’ve said. I was merely thinking that it
might make matters worse for both of us; but I don’t believe it will.
You think your father loves you so much that after you’re gone
he’ll change his mind. Very good; go. But we must be very careful,
sweet – you and I – really we must. This thing is getting serious. If
you should go and your father should charge me with abduction –
take the public into his confi dence and tell all about this, it would
be serious for both of us – as much for you as for me, for I’d be
convicted sure then, just on that account, if nothing else. And then
what? You’d better not try to see me often for the present – not any
oftener than we can possibly help. If we had used common sense and
stopped when your father got that letter, this wouldn’t have happened. But now that it has happened, we must be as wise as we can,
don’t you see? So, think it over, and do what you think best and then
write me and whatever you do will be all right with me – do you
hear?» He drew her to him and kissed her. «You haven’t any money,
have you?» he concluded wisely.
Aileen, deeply moved by all he had just said, was none the less
convinced once she had meditated on it a moment, that her course
was best. Her father loved her too much. He would not do any-
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THE FINANCIER
thing to hurt her publicly and so he would not attack Cowperwood
through her openly. More than likely, as she now explained to
Frank, he would plead with her to come back. And he, listening, was
compelled to yield. Why argue? She would not leave him anyhow.
He went down in his pocket for the fi rst time since he had
known Aileen and produced a layer of bills. «Here’s two hundred
dollars, sweet», he said, «until I see or hear from you. I’ll see that you
have whatever you need; and now don’t think that I don’t love you.
You know I do. I’m crazy about you».
Aileen protested that she did not need so much – that she did
not really need any – she had some at home; but he put that aside.
He knew that she must have money.
«Don’t talk, honey», he said. «I know what you need». She had
been so used to receiving money from her father and mother in
comfortable amounts from time to time that she thought nothing of it. Frank loved her so much that it made everything right
between them. She softened in her mood and they discussed
the matter of letters, reaching the conclusion that a private messenger would be safest. When fi nally they parted, Aileen, from being
sunk in the depths by his uncertain attitude, was now once more on
the heights. She decided that he did love her, and went away smiling. She had her Frank to fall back on – she would teach her father.
Cowperwood shook his head, following her with his eyes. She represented an additional burden, but give her up, he certainly could
not. Tear the veil from this illusion of affection and make her feel
so wretched when he cared for her so much? No. There was really
nothing for him to do but what he had done. After all, he refl ected, it
might not work out so badly. Any detective work that Butler might
choose to do would prove that she had not run to him. If at any
moment it became necessary to bring common sense into play to
save the situation from a deadly climax, he could have the Butlers
secretly informed as to Aileen’s whereabouts. That would show he
had little to do with it, and they could try to persuade Aileen to
come home again. Good might result – one could not tell. He would
353
THEODORE DREISER
deal with the evils as they arose. He drove quickly back to his offi ce,
and Aileen returned to her home determined to put her plan into
action. Her father had given her some little time in which to decide – possibly he would give her longer – but she would not wait.
Having always had her wish granted in everything, she could not
understand why she was not to have her way this time. It was about
fi ve o’clock now. She would wait until all the members of the family
were comfortably seated at the dinner-table, which would be about
seven o’clock, and then slip out.
On arriving home, however, she was greeted by an unexpected
reason for suspending action. This was the presence of a certain
Mr. and Mrs. Steinmetz – the former a well-known engineer who
drew the plans for many of the works which Butler undertook.
It was the day before Thanksgiving, and they were eager to have
Aileen and Norah accompany them for a fortnight’s stay at their
new home in West Chester – a structure concerning the charm of
which Aileen had heard much. They were exceedingly agreeable
people – comparatively young and surrounded by a coterie of interesting friends. Aileen decided to delay her fl ight and go. Her father
was most cordial. The presence and invitation of the Steinmetzes
was as much a relief to him as it was to Aileen. West Chester being
forty miles from Philadelphia, it was unlikely that Aileen would attempt to meet Cowperwood while there.
She wrote Cowperwood of the changed condition and departed,
and he breathed a sigh of relief, fancying at the time that this storm
had permanently blown over.
CHAPTER XXXIX
In the meanwhile the day of Cowperwood’s trial was drawing
near. He was under the impression that an attempt was going to be
made to convict him whether the facts warranted it or not. He did
not see any way out of his dilemma, however, unless it was to abandon everything and leave Philadelphia for good, which was impossible. The only way to guard his future and retain his fi nancial friends
was to stand trial as quickly as possible, and trust them to assist
him to his feet in the future in case he failed. He discussed the possibilities of an unfair trial with Steger, who did not seem to think that
there was so much to that. In the fi rst place, a jury could not easily be
suborned by any one. In the next place, most judges were honest, in
spite of their political cleavage, and would go no further than party
bias would lead them in their rulings and opinions, which was, in
the main, not so far. The particular judge who was to sit in this case,
one Wilbu r Payderson, of the Court of Quarter Sessions, was a strict
party nominee, and as such beholden to Mollenhauer, Simpson, and
Butler; but, in so far as Steger had ever heard, he was an honest man.
«What I can’t understand», said Steger, «is why these fellows
should be so anxious to punish you, unless it is for the effect on
the State at large. The election’s over. I understand there’s a movement on now to get Stener out in case he is convicted, which he will
be. They have to try him. He won’t go up for more than a year, or
two or three, and if he does he’ll be pardoned out in half the time
or less. It would be the same in your case, if you were convicted.
They couldn’t keep you in and let him out. But it will never get that
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THEODORE DREISER
far – take my word for it. We’ll win before a jury, or we’ll reverse
the judgment of conviction before the State Supreme Court, certain.
Those fi ve judges up there are not going to sustain any such poppycock idea as this».
Steger actually believed what he said, and Cowperwood was
pleased. Thus far the young lawyer had done excellently well in
all of his cases. Still, he did not like the idea of being hunted down by
Butler. It was a serious matter, and one of which Steger was totally
unaware. Cowperwood could never quite forget that in listening to
his lawyer’s optimistic assurances.
The actual beginning of the trial found almost all of the inhabitants of this city of six hundred thousand «keyed up». None of
the women of Cowperwood’s family were coming into court. He had
insisted that there should be no family demonstration for the newspapers to comment upon. His father was coming, for he might be
needed as a witness. Aileen had written him the afternoon before
saying she had returned from West Chester and wishing him luck.
She was so anxious to know what was to become of him that she
could not stay away any longer and had returned – not to go to
the courtroom, for he did not want her to do that, but to be as
near as possible when his fate was decided, adversely or otherwise.
She wanted to run and congratulate him if he won, or to console
with him if he lost. She felt that her return would be likely to precipitate a collision with her father, but she could not help that.
The position of Mrs. Cowperwood was most anomalous.
She had to go through the formality of seeming affectionate and tender, even when she knew that Frank did not want her to be. He felt
instinctively now that she knew of Aileen. He was merely awaiting
the proper hour in which to spread the whole matter before her.
She put her arms around him at the door on the fateful morning, in
the somewhat formal manner into which they had dropped these
later years, and for a moment, even though she was keenly aware of
his diffi culties, she could not kiss him. He did not want to kiss her,
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THE FINANCIER
but he did not show it. She did kiss him, though, and added: «Oh,
I do hope things come out all right».
«You needn’t worry about that, I think, Lillian», he replied,
buoyantly. «I’ll be all right».
He ran down the steps and walked out on Girard Avenue to his
former car line, where he boarded a car. He was thinking of Aileen
and how keenly she was feeling for him, and what a mockery his
married life now was, and whether he would face a sensible jury, and
so on and so forth. If he didn’t – if he didn’t – this day was crucial!
He stepped off the car at Third and Market and hurried to his
offi ce. Steger was already there. «Well, Harper», observed Cowperwood, courageously, «today’s the day».
The Court of Quarter Sessions, Part I, where this trial was to take
place, was held in famous Independence Hall, at Sixth and Chestnut
Streets, which was at this time, as it had been for all of a century
before, the center of local executive and judicial life. It was a low
two-story building of red brick, with a white wooden central tower of old Dutch and English derivation, compounded of the square,
the circle, and the octagon. The total structure consisted of a central
portion and two T-shaped wings lying to the right and left, whose
small, oval-topped old-fashioned windows and doors were set with
those many-paned sashes so much admired by those who love
what is known as Colonial architecture. Here, and in an addition
known as State House Row (since torn down), which extended from
the rear of the building toward Walnut Street, were located the offi ces of the mayor, the chief of police, the city treasurer, the chambers of council, and all the other important and executive offi ces of
the city, together with the four branches of Quarter Sessions, which
sat to hear the growing docket of criminal cases. The mammoth city
hall which was subsequently completed at Broad and Market Streets
was then building.
An attempt had been made to improve the reasonably large
courtrooms by putting in them raised platforms of dark walnut
surmounted by large, dark walnut desks, behind which the judges
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THEODORE DREISER
sat; but the attempt was not very successful. The desks, jury-boxes,
and railings generally were made too large, and so the general effect
was one of disproportion. A cream-colored wall had been thought
the appropriate thing to go with black walnut furniture, but time
and dust had made the combination dreary. There were no pictures
or ornaments of any kind, save the stalky, over-elaborated gasbrackets which stood on his honor’s desk, and the single swinging
chandelier suspended from the center of the ceiling. Fat bailiffs and
court offi cers, concerned only in holding their workless jobs, did not
add anything to the spirit of the scene. Two of them in the particular court in which this trial was held contended hourly as to which
should hand the judge a glass of water. One preceded his honor like
a fat, stuffy, dusty majordomo to and from his dressing-room. His
business was to call loudly, when the latter entered, «His honor
the Court, hats off. Everybody please rise», while a second bailiff,
standing at the left of his honor when he was seated, and between
the jury-box and the witness-chair, recited in an absolutely unintelligible way that beautiful and dignifi ed statement of collective
society’s obligation to the constituent units, which begins, «Hear ye!
hear ye! hear ye!» and ends, «All those of you having just cause for
complaint draw near and ye shall be heard». However, you would
have thought it was of no import here. Custom and indifference had
allowed it to sink to a mumble. A third bailiff guarded the door of
the jury-room; and in addition to these there were present a court
clerk – small, pale, candle-waxy, with colorless milk-and-water
eyes, and thin, pork-fat-colored hair and beard, who looked for all
the world like an Americanized and decidedly decrepit Chinese
mandarin – and a court stenographer.
Judge Wilbur Payderson, a lean herring of a man, who had sat in
this case originally as the examining judge when Cowperwood had
been indicted by the grand jury, and who had bound him over for
trial at this term, was a peculiarly interesting type of judge, as judges
go. He was so meager and thin-blooded that he was arresting for
those qualities alone. Technically, he was learned in the law; actual-
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THE FINANCIER
ly, so far as life was concerned, absolutely unconscious of that subtle
chemistry of things that transcends all written law and makes for
the spirit and, beyond that, the inutility of all law, as all wise judges
know. You could have looked at his lean, pedantic body, his frizzled
gray hair, his fi shy, blue-gray eyes, without any depth of speculation in them, and his nicely modeled but unimportant face, and told
him that he was without imagination; but he would not have believed
you – would have fi ned you for contempt of court. By the careful
garnering of all his little opportunities, the furbishing up of every
meager advantage; by listening slavishly to the voice of party, and
following as nearly as he could the behests of intrenched property,
he had reached his present state. It was not very far along, at that.
His salary was only six thousand dollars a year. His little fame did
not extend beyond the meager realm of local lawyers and judges.
But the sight of his name quoted daily as being about his duties, or
rendering such and such a decision, was a great satisfaction to him.
He thought it made him a signifi cant fi gure in the world. «Behold
I am not as other men», he often thought, and this comforted him.
He was very much fl attered when a prominent case came to his calendar; and as he sat enthroned before the various litigants and lawyers he felt, as a rule, very signifi cant indeed. Now and then some
subtlety of life would confuse his really limited intellect; but in all
such cases there was the letter of the law. He could hunt in the reports to fi nd out what really thinking men had decided. Besides, lawyers everywhere are so subtle. They put the rules of law, favorable
or unfavorable, under the judge’s thumb and nose. «Your honor, in
the thirty-second volume of the Revised Reports of Massachusetts,
page so and so, line so and so, in Arundel versus Bannerman, you will
fi nd, etc». How often have you heard that in a court of law? The reasoning that is left to do in most cases is not much. And the sanctity of the law is raised like a great banner by which the pride of
the incumbent is strengthened.
Payderson, as Steger had indicated, could scarcely be pointed to
as an unjust judge. He was a party judge – Republican in principle,
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THEODORE DREISER
or rather belief, beholden to the dominant party councils for his
personal continuance in offi ce, and as such willing and anxious to
do whatever he considered that he reasonably could do to further
the party welfare and the private interests of his masters. Most
people never trouble to look into the mechanics of the thing they
call their conscience too closely. Where they do, too often they
lack the skill to disentangle the tangled threads of ethics and morals. Whatever the opinion of the time is, whatever the weight of
great interests dictates, that they conscientiously believe. Some
one has since invented the phrase «a corporation-minded judge».
There are many such.
Payderson was one. He fairly revered property and power. To
him Butler and Mollenhauer and Simpson were great men – reasonably sure to be right always because they were so powerful.
This matter of Cowperwood’s and Stener’s defalcation he had long
heard of. He knew by associating with one political light and another just what the situation was. The party, as the leaders saw it,
had been put in a very bad position by Cowperwood’s subtlety.
He had led Stener astray – more than an ordinary city treasurer
should have been led astray – and, although Stener was primarily
guilty as the original mover in the scheme, Cowperwood was more
so for having led him imaginatively to such disastrous lengths. Besides, the party needed a scapegoat – that was enough for Payderson, in the fi rst place. Of course, after the election had been won,
and it appeared that the party had not suffered so much, he did not
understand quite why it was that Cowperwood was still so carefully included in the Proceedings; but he had faith to believe that
the leaders had some just grounds for not letting him off. From one
source and another he learned that Butler had some private grudge
against Cowperwood. What it was no one seemed to know exactly.
The general impression was that Cowperwood had led Butler into
some unwholesome fi nancial transactions. Anyhow, it was generally understood that for the good of the party, and in order to teach
a wholesome lesson to dangerous subordinates – it had been decid-
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