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THE FINANCIER
the fall of 1864. He had been troubled about the condition of city
loan, which was below par, and which could not be sold by the city
legally at anything but par. Cowperwood had been recommended to
him by some one – Mr. Strobik, he believed, though he couldn’t
be sure. It was the custom of city treasurers to employ brokers, or
a broker, in a crisis of this kind, and he was merely following what
had been the custom. He went on to describe, under steady promptings and questions from the incisive mind of Shannon, just what
the nature of this fi rst conversation was – he remembered it fairly
well; how Mr. Cowperwood had said he thought he could do what
was wanted; how he had gone away and drawn up a plan or thought
one out; and how he had returned and laid it before Stener. Under
Shannon’s skillful guidance Stener elucidated just what this scheme
was – which wasn’t exactly so fl attering to the honesty of men in
general as it was a testimonial to their subtlety and skill.
After much discussion of Stener’s and Cowperwood’s relations
the story fi nally got down to the preceding October, when by reason of companionship, long business understanding, mutually prosperous relationship, etc., the place had been reached where, it was
explained, Cowperwood was not only handling several millions of
city loan annually, buying and selling for the city and trading in it
generally, but in the bargain had secured one fi ve hundred thousand dollars’ worth of city money at an exceedingly low rate of interest, which was being invested for himself and Stener in profi table street-car ventures of one kind and another. Stener was not
anxious to be altogether clear on this point; but Shannon, seeing
that he was later to prosecute Stener himself for this very crime of
embezzlement, and that Steger would soon follow in cross-examination, was not willing to let him be hazy. Shannon wanted to fi x Cowperwood in the minds of the jury as a clever, tricky person, and by
degrees he certainly managed to indicate a very subtle-minded man.
Occasionally, as one sharp point after another of Cowperwood’s skill
was brought out and made moderately clear, one juror or another
turned to look at Cowperwood. And he noting this and in order to
371
THEODORE DREISER
impress them all as favorably as possible merely gazed Stenerward
with a steady air of intelligence and comprehension.
The examination now came down to the matter of the particular check for sixty thousand dollars which Albert Stires had
handed Cowperwood on the afternoon – late – of October 9, 1871.
Shannon showed Stener the check itself. Had he ever seen it? Yes.
Where? In the offi ce of District Attorney Pettie on October 20th, or
thereabouts last. Was that the fi rst time he had seen it? Yes. Had he
ever heard about it before then? Yes. When? On October 10th last.
Would he kindly tell the jury in his own way just how and under
what circumstances he fi rst heard of it then? Stener twisted uncomfortably in his chair. It was a hard thing to do. It was not a pleasant
commentary on his own character and degree of moral stamina, to
say the least. However, he cleared his throat again and began a description of that small but bitter section of his life’s drama in which
Cowperwood, fi nding himself in a tight place and about to fail, had
come to him at his offi ce and demanded that he loan him three hundred thousand dollars more in one lump sum.
There was considerable bickering just at this point between Steger and Shannon, for the former was very anxious to make it appear that Stener was lying out of the whole cloth about this. Steger
got in his objection at this point, and created a considerable diversion from the main theme, because Stener kept saying he «thought»
or he «believed».
«Object!» shouted Steger, repeatedly. «I move that that be stricken from the record as incompetent, irrelevant, and immaterial.
The witness is not allowed to say what he thinks, and the prosecution knows it very well».
«Your honor», insisted Shannon, «I am doing the best I can to
have the witness tell a plain, straightforward story, and I think that
it is obvious that he is doing so».
«Object!» reiterated Steger, vociferously. «Your honor, I insist
that the district attorney has no right to prejudice the minds of
the jury by fl attering estimates of the sincerity of the witness. What
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THE FINANCIER
he thinks of the witness and his sincerity is of no importance in this
case. I must ask that your honor caution him plainly in this matter».
«Objection sustained», declared Judge Payderson, «the prosecution will please be more explicit»; and Shannon went on with
his case.
Stener’s testimony, in one respect, was most important, for it
made plain what Cowperwood did not want brought out – namely,
that he and Stener had had a dispute before this; that Stener had
distinctly told Cowperwood that he would not loan him any more
money; that Cowperwood had told Stener, on the day before he secured this check, and again on that very day, that he was in a very
desperate situation fi nancially, and that if he were not assisted to
the extent of three hundred thousand dollars he would fail, and
that then both he and Stener would be ruined. On the morning of
this day, according to Stener, he had sent Cowperwood a letter ordering him to cease purchasing city loan certifi cates for the sinking-fund. It was after their conversation on the same afternoon that
Cowperwood surreptitiously secured the check for sixty thousand
dollars from Albert Stires without his (Stener’s) knowledge; and it
was subsequent to this latter again that Stener, sending Albert to
demand the return of the check, was refused, though the next day at
fi ve o’clock in the afternoon Cowperwood made an assignment. And
the certifi cates for which the check had been purloined were not in
the sinking-fund as they should have been. This was dark testimony
for Cowperwood.
If any one imagines that all this was done without many vehement objections and exceptions made and taken by Steger, and
subsequently when he was cross-examining Stener, by Shannon, he
errs greatly. At times the chamber was coruscating with these two
gentlemen’s bitter wrangles, and his honor was compelled to hammer his desk with his gavel, and to threaten both with contempt of
court, in order to bring them to a sense of order. Indeed while Payderson was highly incensed, the jury was amused and interested.
373
THEODORE DREISER
«You gentlemen will have to stop this, or I tell you now that you
will both be heavily fi ned. This is a court of law, not a bar-room. Mr.
Steger, I expect you to apologize to me and your colleague at once.
Mr. Shannon, I must ask that you use less aggressive methods. Your
manner is offensive to me. It is not becoming to a court of law. I will
not caution either of you again».
Both lawyers apologized as lawyers do on such occasions, but
it really made but little difference. Their individual attitudes and
moods continued about as before.
«What did he say to you», asked Shannon of Stener, after one of
these troublesome interruptions, «on that occasion, October 9th
last, when he came to you and demanded the loan of an additional
three hundred thousand dollars? Give his words as near as you can
remember – exactly, if possible».
«Object!» interposed Steger, vigorously. «His exact words are not
recorded anywhere except in Mr. Stener’s memory, and his memory of them cannot be admitted in this case. The witness has testifi ed to the general facts».
Judge Payderson smiled grimly. «Objection overruled»,
he returned.
«Exception!» shouted Steger.
«He said, as near as I can remember», replied Stener, drumming on the arms of the witness-chair in a nervous way, «that if
I didn’t give him three hundred thousand dollars he was going to
fail, and I would be poor and go to the penitentiary».
«Object!» shouted Stager, leaping to his feet. «Your honor, I object to the whole manner in which this examination is being conducted by the prosecution. The evidence which the district attorney
is here trying to extract from the uncertain memory of the witness
is in defi ance of all law and precedent, and has no defi nite bearing on the facts of the case, and could not disprove or substantiate
whether Mr. Cowperwood thought or did not think that he was going to fail. Mr. Stener might give one version of this conversation or
any conversation that took place at this time, and Mr. Cowperwood
374
THE FINANCIER
another. As a matter of fact, their versions are different. I see no
point in Mr. Shannon’s line of inquiry, unless it is to prejudice the jury’s minds towards accepting certain allegations which the prosecution is pleased to make and which it cannot possibly substantiate.
I think you ought to caution the witness to testify only in regard to
things that he recalls exactly, not to what he thinks he remembers;
and for my part I think that all that has been testifi ed to in the last
fi ve minutes might be well stricken out».
«Objection overruled», replied Judge Payderson, rather indifferently; and Steger who had been talking merely to overcome
the weight of Stener’s testimony in the minds of the jury, sat down.
Shannon once more approached Stener.
«Now, as near as you can remember, Mr. Stener, I wish you would
tell the jury what else it was that Mr. Cowperwood said on that occasion. He certainly didn’t stop with the remark that you would be
ruined and go to the penitentiary. Wasn’t there other language that
was employed on that occasion?»
«He said, as far as I can remember», replied Stener, «that there
were a lot of political schemers who were trying to frighten me,
that if I didn’t give him three hundred thousand dollars we would
both be ruined, and that I might as well be tried for stealing a sheep
as a lamb».
«Ha!» yelled Shannon. «He said that, did he?»
«Yes, sir; he did», said Stener.
«How did he say it, exactly? What were his exact words?» Shannon demanded, emphatically, pointing a forceful forefi nger at Stener in order to key him up to a clear memory of what had transpired.
«Well, as near as I can remember, he said just that», replied
Stener, vaguely. «You might as well be tried for stealing a sheep
as a lamb».
«Exactly!» exclaimed Shannon, whirling around past the jury to
look at Cowperwood. «I thought so».
«Pure pyrotechnics, your honor», said Steger, rising to his
feet on the instant. «All intended to prejudice the minds of the jury.
375
THEODORE DREISER
Acting. I wish you would caution the counsel for the prosecution to
confi ne himself to the evidence in hand, and not act for the benefi t of his case».
The spectators smiled; and Judge Payderson, noting it, frowned
severely. «Do you make that as an objection, Mr. Steger?» he asked.
«I certainly do, your honor», insisted Steger, resourcefully.
«Objection overruled. Neither counsel for the prosecution nor
for the defense is limited to a peculiar routine of expression».
Steger himself was ready to smile, but he did not dare to.
Cowperwood fearing the force of such testimony and regretting it, still looked at Stener, pityingly. The feebleness of the man;
the weakness of the man; the pass to which his cowardice had
brought them both!
When Shannon was through bringing out this unsatisfactory
data, Steger took Stener in hand; but he could not make as much
out of him as he hoped. In so far as this particular situation was concerned, Stener was telling the exact truth; and it is hard to weaken
the effect of the exact truth by any subtlety of interpretation, though
it can, sometimes, be done. With painstaking care Steger went over
all the ground of Stener’s long relationship with Cowperwood, and
tried to make it appear that Cowperwood was invariably the disinterested agent – not the ringleader in a subtle, really criminal
adventure. It was hard to do, but he made a fi ne impression. Still
the jury listened with skeptical minds. It might not be fair to punish Cowperwood for seizing with avidity upon a splendid chance to
get rich quick, they thought; but it certainly was not worth while to
throw a veil of innocence over such palpable human cupidity. Finally, both lawyers were through with Stener for the time being,
anyhow, and then Albert Stires was called to the stand.
He was the same thin, pleasant, alert, rather agreeable soul that
he had been in the heyday of his clerkly prosperity – a little paler
now, but not otherwise changed. His small property had been saved
for him by Cowperwood, who had advised Steger to inform the Municipal Reform Association that Stires’ bondsmen were attempt-
376
THE FINANCIER
ing to sequestrate it for their own benefi t, when actually it should
go to the city if there were any real claim against him – which there
was not. That watchful organization had issued one of its numerous
reports covering this point, and Albert had had the pleasure of seeing Strobik and the others withdraw in haste. Naturally he was grateful to Cowperwood, even though once he had been compelled to
cry in vain in his presence. He was anxious now to do anything he
could to help the banker, but his naturally truthful disposition prevented him from telling anything except the plain facts, which were
partly benefi cial and partly not.
Stires testifi ed that he recalled Cowperwood’s saying that he
had purchased the certifi cates, that he was entitled to the money,
that Stener was unduly frightened, and that no harm would come to
him, Albert. He identifi ed certain memoranda in the city treasurer’s
books, which were produced, as being accurate, and others in Cowperwood’s books, which were also produced, as being corroborative.
His testimony as to Stener’s astonishment on discovering that his
chief clerk had given Cowperwood a check was against the latter;
but Cowperwood hoped to overcome the effect of this by his own
testimony later.
Up to now both Steger and Cowperwood felt that they were
doing fairly well, and that they need not be surprised if they won
their case.
CHAPTER XLII
The trial moved on. One witness for the prosecution after another followed until the State had built up an arraignment that satisfi ed 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
briefl y from his angle of observation, continued by telling them
what he was sure the evidence would show from his point of view.
378
THE FINANCIER
«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 certifi cate 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 certifi cates in the sinking-fund until
the fi rst day of each succeeding month – the fi rst 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 certifi cates, 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 certifi cates, 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 certifi cates in question, or that he
379
THEODORE DREISER
had not the right to withhold them from the sinking-fund as long
as he pleased up to the fi rst 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 profi t, solely because of
conditions of fi nancial stress, fi re, and panic, preferred to turn on his
one-time associate from whose labors he had reaped so much profi t,
or Mr. Frank A. Cowperwood, the well-known banker and fi nancier, who did his best to weather the storm alone, who fulfi lled to
the letter every agreement he ever had with the city, who has even
until this hour been busy trying to remedy the unfair fi nancial diffi culties forced upon him by fi re 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 fi ve 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 testifi ed 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 mar-
380
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