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The Financier

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THE FINANCIER
They talked much more – of his family, his court appearance Monday, whether he would get out soon to attend any of the suits still pending, or be pardoned. Aileen still believed in his future. She had read the opinions of the dissenting judges in his favor, and that of the three agreed judges against him. She was sure his day was not over in Philadelphia, and that he would some time reestablish himself and then take her with him somewhere else. She was sorry for Mrs. Cowperwood, but she was convinced that she was not suited to him – that Frank needed some one more like herself, some one with youth and beauty and force – her, no less. She clung to him now in ecstatic embraces until it was time to go. So far as a plan of procedure could have been adjusted in a situation so incapable of accurate adjustment, it had been done. She was desper­ately downcast at the last moment, as was he, over their parting; but she pulled herself together with her usual force and faced the dark future with a steady eye.
CHAPTER LI
Monday came and with it his fi nal departure. All that could be done had been done. Cowperwood said his farewells to his mother and father, his brothers and sister. He had a rather dis­tant but sensible and matter-of-fact talk with his wife. He made no special point of saying good-by to his son or his daughter; when he came in on Thursday, Friday, Saturday, and Sunday evenings, after he had learned that he was to depart Monday, it was with the thought of talking to them a little in an especially affection­ate way. He realized that his general moral or unmoral attitude was perhaps working them a temporary injustice. Still he was not sure. Most people did fairly well with their lives, whether coddled or deprived of opportunity. These children would probably do as well as mos t children, whatever happened – and then, anyhow, he had no intention of forsaking them fi nancially, if he could help it. He did not want to separate his wife from her children, nor them from her. She should keep them. He wanted them to be comfort­able with her. He would like to see them, wherever they were with her, occasionally. Only he wanted his own personal freedom, in so far as she and they were concerned, to go off and set up a new world and a new home with Aileen. So now on these last days, and particularly this last Sunday night, he was rather noticeably con­siderate of his boy and girl, without being too openly indicative of his approaching separation from them.
«Frank», he said to his notably lackadaisical son on this occa­sion, «aren’t you going to straighten up and be a big, strong, healthy
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fellow? You don’t play enough. You ought to get in with a gang of boys and be a leader. Why don’t you fi t yourself up a gymnasium somewhere and see how strong you can get?»
They were in the senior Cowperwood’s sitting-room, where they had all rather consciously gathered on this occasion.
Lillian, second, who was on the other side of the big library table from her father, paused to survey him and her brother with interest. Both had been carefully guarded against any real knowl­edge of their father’s affairs or his present predicament. He was go­ing away on a journey for about a month or so they understood. Lillian was reading in a Chatterbox book which had been given her the previous Christmas.
«He won’t do anything», she volunteered, looking up from her reading in a peculiarly critical way for her. «Why, he won’t ever run races with me when I want him to».
«Aw, who wants to run races with you, anyhow?» returned Frank, junior, sourly. «You couldn’t run if I did want to run with you».
«Couldn’t I?» she replied. «I could beat you, all right».
«Lillian!» pleaded her mother, with a warning sound in her voice.
Cowperwood smiled, and laid his hand affectionately on his son’s head. «You’ll be all right, Frank», he volunteered, pinching his ear lightly. «Don’t worry – just make an effort».
The boy did not respond as warmly as he hoped. Later in the eve­ning Mrs. Cowperwood noticed that her husband squeezed his daughter’s slim little waist and pulled her curly hair gently. For the moment she was jealous of her daughter.
«Going to be the best kind of a girl while I’m away?» he said to her, privately.
«Yes, papa», she replied, brightly.
«That’s right», he returned, and leaned over and kissed her mouth tenderly. «Button Eyes», he said.
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Mrs. Cowperwood sighed after he had gone. «Everything for the children, nothing for me», she thought, though the children had not got so vastly much either in the past.
Cowperwood’s attitude toward his mother in this fi nal hour was about as tender and sympathetic as any he could maintain in this world. He understood quite clearly the ramifi cations of her inter­ests, and how she was suffering for him and all the others concerned. He had not forgotten her sympathetic care of him in his youth; and if he could have done anything to have spared her this unhappy breakdown of her fortunes in her old age, he would have done so. There was no use crying over spilled milk. It was impossible at times for him not to feel intensely in moments of success or failure; but the proper thing to do was to bear up, not to show it, to talk little and go your way with an air not so much of resignation as of self­suffi ciency, to whatever was awaiting you. That was his attitude on this morning, and that was what he expected from those around him – almost compelled, in fact, by his own attitude.
«Well, mother», he said, genially, at the last moment – he would not let her nor his wife nor his sister come to court, maintaining that it would make not the least difference to him and would only harrow their own feelings uselessly –»I’m going now. Don’t worry. Keep up your spirits».
He slipped his arm around his mother’s waist, and she gave him a long, unrestrained, despairing embrace and kiss.
«Go on, Frank», she said, choking, when she let him go. «God bless you. I’ll pray for you». He paid no further attention to her. He didn’t dare.
«Good-by, Lillian», he said to his wife, pleasantly, kindly. «I’ll be back in a few days, I think. I’ll be coming out to attend some of these court proceedings».
To his sister he said: «Good-by, Anna. Don’t let the others get too down-hearted».
«I’ll see you three afterward», he said to his father and brothers; and so, dressed in the very best fashion of the time, he hurried down
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into the reception-hall, where Steger was waiting, and was off. His family, hearing the door close on him, suffered a poignant sense of desolation. They stood there for a moment, his mother crying, his fa­ther looking as though he had lost his last friend but making a great effort to seem self-contained and equal to his troubles, Anna telling Lillian not to mind, and the latter staring dumbly into the future, not knowing what to think. Surely a brilliant sun had set on their local scene, and in a very pathetic way.
CHAPTER LII
When Cowperwood reached the jail, Jaspers was there, glad to see him but principally relieved to feel that nothing had happened to mar his own reputation as a sheriff. Because of the urgency of court matters generally, it was decided to depart for the courtroom at nine o’clock. Eddie Zanders was once more delegated to see that Cow­perwood was brought safely before Judge Payderson and afterward taken to the penitentiary. All of the papers in the case were put in his care to be delivered to the warden.
«I suppose you know», confi ded Sheriff Jaspers to Steger, «that Stener is here. He ain’t got no money now, but I gave him a private room just the same. I didn’t want to put a man like him in no cell». Sheriff Jaspers sympathized with Stener.
«That’s right. I’m glad to hear that», replied Steger, smili ng to himself.
«I didn’t suppose from what I’ve heard that Mr. Cowperwood would want to meet Stener here, so I’ve kept ‘em apart. George just left a minute ago with another deputy».
«That’s good. That’s the way it ought to be», replied Steger. He was glad for Cowperwood’s sake that the sheriff had so much tact. Evidently George and the sheriff were getting along in a very friendly way, for all the former’s bitter troubles and lack of means.
The Cowperwood party walked, the distance not being great, and as they did so they talked of rather simple things to avoid the more serious.
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«Things aren’t going to be so bad», Edward said to his father. «Steger says the Governor is sure to pardon Stener in a year or less, and if he does he’s bound to let Frank out too».
Cowperwood, the elder, had heard this over and over, but he was never tired of hearing it. It was like some simple croon with which babies are hushed to sleep. The snow on the ground, which was enduring remarkably well for this time of year, the fi neness of the day, which had started out to be clear and bright, the hope that the courtroom might not be full, all held the attention of the fa­ther and his two sons. Cowperwood, senior, even commented on some sparrows fi ghting over a piece of bread, marveling how well they did in winter, solely to ease his mind. Cowperwood, walking on ahead with Steger and Zanders, talked of approaching court pro­ceedings in connection with his business and what ought to be done.
When they reached the court the same little pen in which Cow­perwood had awaited the verdict of his jury several months before was waiting to receive him.
Cowperwood, senior, and his other sons sought places in the courtroom proper. Eddie Zanders remained with his charge. Stener and a deputy by the name of Wilkerson were in the room; but he and Cowperwood pretended now not to see each other. Frank had no objection to talking to his former associate, but he could see that Stener was diffi dent and ashamed. So he let the situation pass without look or word of any kind. After some three-quarters of an hour of dreary waiting the door leading into the courtroom prop­er opened and a bailiff stepped in.
«All prisoners up for sentence», he called.
There were six, all told, including Cowperwood and Stener. Two of them were confederate housebreakers who had been caught red-handed at their midnight task.
Another prisoner was no more and no less than a plain horse­thief, a young man of twenty-six, who had been convicted by a jury of stealing a grocer’s horse and selling it. The last man was a negro, a tall, shambling, illiterate, nebulous-minded black, who
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had walked off with an apparently discarded section of lead pipe which he had found in a lumber-yard. His idea was to sell or trade it for a drink. He really did not belong in this court at all; but, having been caught by an undersized American watchman charged with the care of the property, and having at fi rst refused to plead guilty, not quite understanding what was to be done with him, he had been perforce bound over to this court for trial. Afterward he had changed his mind and admitted his guilt, so he now had to come before Judge Payderson for sentence or dismissal. The lower court before which he had originally been brought had lost jurisdiction by binding him over to to higher court for trial. Eddie Zanders, in his self-appointed position as guide and mentor to Cowperwood, had confi ded nearly all of this data to him as he stood waiting.
The courtroom was crowded. It was very humiliating to Cowper­wood to have to fi le in this way along the side aisle with these others, followed by Stener, well dressed but sickly looking and disconsolate.
The negro, Charles Ackerman, was the fi rst on the list.
«How is it this man comes before me?» asked Payderson, pee­vishly, when he noted the value of the property Ackerman was sup­posed to have stolen.
«Your honor», the assistant district attorney explained, prompt­ly, «this man was before a lower court and refused, because he was drunk, or something, to plead guilty. The lower court, because the complainant would not forego the charge, was compelled to bind him over to this court for trial. Since then he has changed his mind and has admitted his guilt to the district attorney. He would not be brought before you except we have no alternative. He has to be brought here now in order to clear the calendar».
Judge Payderson stared quizzically at the negro, who, obviously not very much disturbed by this examination, was leaning comfort­ably on the gate or bar before which the average criminal stood erect and terrifi ed. He had been before police-court magistrates before on one charge and another – drunkenness, disorderly conduct, and
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the like – but his whole attitude was one of shambling, lackadaisi­cal, amusing innocence.
«Well, Ackerman», inquired his honor, severely, «did you or did you not steal this piece of lead pipe as charged here – four dollars and eighty cents’ worth?»
«Yassah, I did», he began. «I tell you how it was, jedge. I was a­comin’ along past dat lumber-yard one Saturday afternoon, and I hadn’t been wuckin’, an’ I saw dat piece o’ pipe thoo de fence, lyin’ inside, and I jes’ reached thoo with a piece o’ boad I found dey and pulled it over to me an’ tuck it. An’ aftahwahd dis Mistah Watchman man» – he waved his hand oratorically toward the witness-chair, where, in case the judge might wish to ask him some questions, the complainant had taken his stand –»come around tuh where I live an’ accused me of done takin’ it».
«But you did take it, didn’t you?»
«Yassah, I done tuck it».
«What did you do with it?»
«I traded it foh twenty-fi ve cents».
«You mean you sold it», corrected his honor.
«Yassah, I done sold it».
«Well, don’t you know it’s wrong to do anything like that? Didn’t you know when you reached through that fence and pulled that pipe over to you that you were stealing? Didn’t you?»
«Yassah, I knowed it was wrong», replied Ackerman, sheepishly. «I didn’ think ‘twuz stealin’ like zackly, but I done knowed it was wrong. I done knowed I oughtn’ take it, I guess».
«Of course you did. Of course you did. That’s just it. You knew you were stealing, and still you took it. Has the man to whom this negro sold the lead pipe been apprehended yet?» the judge inquired sharply of the district attorney. «He should be, for he’s more guilty than this negro, a receiver of stolen goods».
«Yes, sir», replied the assistant. «His case is before Judge Yawger».
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«Quite right. It should be», replied Payderson, severely. «This matter of receiving stolen property is one of the worst offenses, in my judgment».
He then turned his attention to Ackerman again. «Now, look here, Ackerman», he exclaimed, irritated at having to bother with such a pretty case, «I want to say something to you, and I want you to pay strict attention to me. Straighten up, there! Don’t lean on that gate! You are in the presence of the law now». Ackerman had sprawled himself comfortably down on his elbows as he would have if he had been leaning over a back-fence gate talking to some one, but he immediately drew himself straight, still grinning foolishly and apologetically, when he heard this. «You are not so dull but that you can understand what I am going to say to you. The offense you have committed – stealing a piece of lead pipe – is a crime. Do you hear me? A criminal offense – one that I could punish you very severely for. I could send you to the penitentiary for one year if I chose – the law says I may – one year at hard labor for stealing a piece of lead pipe. Now, if you have any sense you will pay strict at­tention to what I am going to tell you. I am not going to send you to the penitentiary right now. I’m going to wait a little while. I am go­ing to sentence you to one year in the penitentiary – one year. Do you understand?» Ackerman blanched a little and licked his lips nervously. «And then I am going to suspend that sentence – hold it over your head, so that if you are ever caught taking anything else you will be punished for this offense and the next one also at one and the same time. Do you understand that? Do you know what I mean? Tell me. Do you?»
«Yessah! I does, sir», replied the negro. «You’se gwine to let me go now – tha’s it».
The audience grinned, and his honor made a wry face to prevent his own grim grin.
«I’m going to let you go only so long as you don’t steal anything else», he thundered. «The moment you steal anything else, back you come to this court, and then you go to the penitentiary for a year and
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