Chapter XLII

The trial moved on. One witness for the prosecution after another

followed until the State had built up an arraignment that satisfied

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 briefly

from his angle of observation, continued by telling them what he was

sure the evidence would show from his point of view.

“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 certificate 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 certificates in the sinking-fund

until the first day of each succeeding month—the first 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 certificates,

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 certificates, 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

certificates in question, or that he had not the right to withhold them

from the sinking-fund as long as he pleased up to the first 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 profit, solely because of conditions of financial stress,

fire, and panic, preferred to turn on his one-time associate from whose

labors he had reaped so much profit, or Mr. Frank A. Cowperwood, the

well-known banker and financier, who did his best to weather the storm

alone, who fulfilled to the letter every agreement he ever had with the

city, who has even until this hour been busy trying to remedy the

unfair financial difficulties forced upon him by fire 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 five 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 testified 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 market; and then after him,

Cowperwood’s brothers, Edward and Joseph, who testified to instructions

received from Rivers as to buying and selling city loan on that

occasion—principally buying.

The next witness was President W. C. Davison of the Girard National

Bank. He was a large man physically, not so round of body as full and

broad. His shoulders and chest were ample. He had a big blond head,

with an ample breadth of forehead, which was high and sane-looking. He

had a thick, squat nose, which, however, was forceful, and thin, firm,

even lips. There was the faintest touch of cynical humor in his hard

blue eyes at times; but mostly he was friendly, alert, placid-looking,

without seeming in the least sentimental or even kindly. His business,

as one could see plainly, was to insist on hard financial facts, and

one could see also how he would naturally be drawn to Frank Algernon

Cowperwood without being mentally dominated or upset by him. As he took

the chair very quietly, and yet one might say significantly, it was

obvious that he felt that this sort of legal-financial palaver was

above the average man and beneath the dignity of a true financier—in

other words, a bother. The drowsy Sparkheaver holding up a Bible beside

him for him to swear by might as well have been a block of wood. His

oath was a personal matter with him. It was good business to tell the

truth at times. His testimony was very direct and very simple.

He had known Mr. Frank Algernon Cowperwood for nearly ten years. He had

done business with or through him nearly all of that time. He knew

nothing of his personal relations with Mr. Stener, and did not know Mr.

Stener personally. As for the particular check of sixty thousand

dollars—yes, he had seen it before. It had come into the bank on

October 10th along with other collateral to offset an overdraft on the

part of Cowperwood & Co. It was placed to the credit of Cowperwood &

Co. on the books of the bank, and the bank secured the cash through the

clearing-house. No money was drawn out of the bank by Cowperwood & Co.

after that to create an overdraft. The bank’s account with Cowperwood

was squared.

Nevertheless, Mr. Cowperwood might have drawn heavily, and nothing

would have been thought of it. Mr. Davison did not know that Mr.

Cowperwood was going to fail—did not suppose that he could, so quickly.

He had frequently overdrawn his account with the bank; as a matter of

fact, it was the regular course of his business to overdraw it. It kept

his assets actively in use, which was the height of good business. His

overdrafts were protected by collateral, however, and it was his custom

to send bundles of collateral or checks, or both, which were variously

distributed to keep things straight. Mr. Cowperwood’s account was the

largest and most active in the bank, Mr. Davison kindly volunteered.

When Mr. Cowperwood had failed there had been over ninety thousand

dollars’ worth of certificates of city loan in the bank’s possession

which Mr Cowperwood had sent there as collateral. Shannon, on

cross-examination, tried to find out for the sake of the effect on the

jury, whether Mr. Davison was not for some ulterior motive especially

favorable to Cowperwood. It was not possible for him to do that. Steger

followed, and did his best to render the favorable points made by Mr.

Davison in Cowperwood’s behalf perfectly clear to the jury by having

him repeat them. Shannon objected, of course, but it was of no use.

Steger managed to make his point.

He now decided to have Cowperwood take the stand, and at the mention of

his name in this connection the whole courtroom bristled.

Cowperwood came forward briskly and quickly. He was so calm, so jaunty,

so defiant of life, and yet so courteous to it. These lawyers, this

jury, this straw-and-water judge, these machinations of fate, did not

basically disturb or humble or weaken him. He saw through the mental

equipment of the jury at once. He wanted to assist his counsel in

disturbing and confusing Shannon, but his reason told him that only an

indestructible fabric of fact or seeming would do it. He believed in

the financial rightness of the thing he had done. He was entitled to do

it. Life was war—particularly financial life; and strategy was its

keynote, its duty, its necessity. Why should he bother about petty,

picayune minds which could not understand this? He went over his

history for Steger and the jury, and put the sanest, most comfortable

light on it that he could. He had not gone to Mr. Stener in the first

place, he said—he had been called. He had not urged Mr. Stener to

anything. He had merely shown him and his friends financial

possibilities which they were only too eager to seize upon. And they

had seized upon them. (It was not possible for Shannon to discover at

this period how subtly he had organized his street-car companies so

that he could have “shaken out” Stener and his friends without their

being able to voice a single protest, so he talked of these things as

opportunities which he had made for Stener and others. Shannon was not

a financier, neither was Steger. They had to believe in a way, though

they doubted it, partly—particularly Shannon.) He was not responsible

for the custom prevailing in the office of the city treasurer, he said.

He was a banker and broker.

The jury looked at him, and believed all except this matter of the

sixty-thousand-dollar check. When it came to that he explained it all

plausibly enough. When he had gone to see Stener those several last

days, he had not fancied that he was really going to fail. He had asked

Stener for some money, it is true—not so very much, all things

considered—one hundred and fifty thousand dollars; but, as Stener

should have testified, he (Cowperwood) was not disturbed in his manner.

Stener had merely been one resource of his. He was satisfied at that

time that he had many others. He had not used the forceful language or

made the urgent appeal which Stener said he had, although he had

pointed out to Stener that it was a mistake to become panic-stricken,

also to withhold further credit. It was true that Stener was his

easiest, his quickest resource, but not his only one. He thought, as a

matter of fact, that his credit would be greatly extended by his

principal money friends if necessary, and that he would have ample time

to patch up his affairs and keep things going until the storm should

blow over. He had told Stener of his extended purchase of city loan to

stay the market on the first day of the panic, and of the fact that

sixty thousand dollars was due him. Stener had made no objection. It

was just possible that he was too mentally disturbed at the time to pay

close attention. After that, to his, Cowperwood’s, surprise, unexpected

pressure on great financial houses from unexpected directions had

caused them to be not willingly but unfortunately severe with him. This

pressure, coming collectively the next day, had compelled him to close

his doors, though he had not really expected to up to the last moment.

His call for the sixty-thousand-dollar check at the time had been

purely fortuitous. He needed the money, of course, but it was due him,

and his clerks were all very busy. He merely asked for and took it

personally to save time. Stener knew if it had been refused him he

would have brought suit. The matter of depositing city loan

certificates in the sinking-fund, when purchased for the city, was

something to which he never gave any personal attention whatsoever. His

bookkeeper, Mr. Stapley, attended to all that. He did not know, as a

matter of fact, that they had not been deposited. (This was a barefaced

lie. He did know.) As for the check being turned over to the Girard

National Bank, that was fortuitous. It might just as well have been

turned over to some other bank if the conditions had been different.

Thus on and on he went, answering all of Steger’s and Shannon’s

searching questions with the most engaging frankness, and you could

have sworn from the solemnity with which he took it all—the serious

business attention—that he was the soul of so-called commercial honor.

And to say truly, he did believe in the justice as well as the

necessity and the importance of all that he had done and now described.

He wanted the jury to see it as he saw it—put itself in his place and

sympathize with him.

He was through finally, and the effect on the jury of his testimony and

his personality was peculiar. Philip Moultrie, juror No. 1, decided

that Cowperwood was lying. He could not see how it was possible that he

could not know the day before that he was going to fail. He must have

known, he thought. Anyhow, the whole series of transactions between him

and Stener seemed deserving of some punishment, and all during this

testimony he was thinking how, when he got in the jury-room, he would

vote guilty. He even thought of some of the arguments he would use to

convince the others that Cowperwood was guilty. Juror No. 2, on the

contrary, Simon Glassberg, a clothier, thought he understood how it all

came about, and decided to vote for acquittal. He did not think

Cowperwood was innocent, but he did not think he deserved to be

punished. Juror No. 3, Fletcher Norton, an architect, thought

Cowperwood was guilty, but at the same time that he was too talented to

be sent to prison. Juror No. 4, Charles Hillegan, an Irishman, a

contractor, and a somewhat religious-minded person, thought Cowperwood

was guilty and ought to be punished. Juror No. 5, Philip Lukash, a coal

merchant, thought he was guilty. Juror No. 6, Benjamin Fraser, a mining

expert, thought he was probably guilty, but he could not be sure.

Uncertain what he would do, juror No. 7, J. J. Bridges, a broker in

Third Street, small, practical, narrow, thought Cowperwood was shrewd

and guilty and deserved to be punished. He would vote for his

punishment. Juror No. 8, Guy E. Tripp, general manager of a small

steamboat company, was uncertain. Juror No. 9, Joseph Tisdale, a

retired glue manufacturer, thought Cowperwood was probably guilty as

charged, but to Tisdale it was no crime. Cowperwood was entitled to do

as he had done under the circumstances. Tisdale would vote for his

acquittal. Juror No. 10, Richard Marsh, a young florist, was for

Cowperwood in a sentimental way. He had, as a matter of fact, no real

convictions. Juror No. 11, Richard Webber, a grocer, small financially,

but heavy physically, was for Cowperwood’s conviction. He thought him

guilty. Juror No. 12, Washington B. Thomas, a wholesale flour merchant,

thought Cowperwood was guilty, but believed in a recommendation to

mercy after pronouncing him so. Men ought to be reformed, was his

slogan.

So they stood, and so Cowperwood left them, wondering whether any of

his testimony had had a favorable effect.

The Financier: A Novel · 第 42 / 59 章