Mr. Cowperwood thought nothing of it, for he was entitled to it, and could collect it in any court of law having jurisdiction in such cases, failure or no failure. It is silly for Mr. Stener to say he would have stopped payment. Such a claim was probably an after-thought of the next morning after he had talked with his friends, the politicians, and was all a part, a trick, a trap, to provide the Republican party with a scapegoat at this time.
Nothing more and nothing less; and you may be sure no one knew it better than the people who were most anxious to see Mr. Cowperwood convicted."
Steger paused and looked significantly at Shannon.
"Gentlemen of the jury [he finally concluded, quietly and earnestly], you are going to find, when you think it over in the jury-room this evening, that this charge of larceny and larceny as bailee, and embezzlement of a check for sixty thousand dollars, which are contained in this indictment, and which represent nothing more than the eager effort of the district attorney to word this one act in such a way that it will look like a crime, represents nothing more than the excited imagination of a lot of political refugees who are anxious to protect their own skirts at the expense of Mr. Cowperwood, and who care for nothing--honor, fair play, or anything else, so long as they are let off scot-free. They don't want the Republicans of Pennsylvania to think too ill of the Republican party management and control in this city. They want to protect George W. Stener as much as possible and to make a political scapegoat of my client. It can't be done, and it won't be done.
As honorable, intelligent men you won't permit it to be done.
And I think with that thought I can safely leave you."
Steger suddenly turned from the jury-box and walked to his seat beside Cowperwood, while Shannon arose, calm, forceful, vigorous, much younger.
As between man and man, Shannon was not particularly opposed to the case Steger had made out for Cowperwood, nor was he opposed to Cowperwood's having made money as he did. As a matter of fact, Shannon actually thought that if he had been in Cowperwood's position he would have done exactly the same thing. However, he was the newly elected district attorney. He had a record to make; and, besides, the political powers who were above him were satisfied that Cowperwood ought to be convicted for the looks of the thing.
Therefore he laid his hands firmly on the rail at first, looked the jurors steadily in the eyes for a time, and, having framed a few thoughts in his mind began:
"Now, gentlemen of the jury, it seems to me that if we all pay strict attention to what has transpired here to-day, we will have no difficulty in reaching a conclusion; and it will be a very satisfactory one, if we all try to interpret the facts correctly. This defendant, Mr. Cowperwood, comes into this court to-day charged, as I have stated to you before, with larceny, with larceny as bailee, with embezzlement, and with embezzlement of a specific check--namely, one dated October 9, 1871, drawn to the order of Frank A. Cowperwood & Company for the sum of sixty thousand dollars by the secretary of the city treasurer for the city treasurer, and by him signed, as he had a perfect right to sign it, and delivered to the said Frank A.
Cowperwood, who claims that he was not only properly solvent at the time, but had previously purchased certificates of city loan to the value of sixty thousand dollars, and had at that time or would shortly thereafter, as was his custom, deposit them to the credit of the city in the city sinking-fund, and thus close what would ordinarily be an ordinary transaction--namely, that of Frank A. Cowperwood & Company as bankers and brokers for the city buying city loan for the city, depositing it in the sinking-fund, and being promptly and properly reimbursed.