第 84 节
作者:连过十一人      更新:2021-05-03 16:36      字数:9321
  e either Mr。   Cowperwood or Mr。 Stener came on the scene。  Why; then; this   great hue and cry about it now? The entire uproar sprang solely   from the fear of Mr。 Stener at this juncture; the fear of the   politicians at this juncture; of public exposure。  No city   treasurer had ever been exposed before。  It was a new thing to   face exposure; to face the risk of having the public's attention   called to a rather nefarious practice of which Mr。 Stener was   taking advantage; that was all。  A great fire and a panic were   endangering the security and well…being of many a financial   organization in the cityMr。 Cowperwood's among others。  It   meant many possible failures; and many possible failures meant   one possible failure。  If Frank A。 Cowperwood failed; he would   fail owing the city of Philadelphia five hundred thousand dollars;   borrowed from the city treasurer at the very low rate of interest   of two and one…half per cent。  Anything very detrimental to Mr。   Cowperwood in that? Had he gone to the city treasurer and asked   to be loaned money at two and one…half per cent。? If he had; was   there anything criminal in it from a business point of view?   Isn't a man entitled to borrow money from any source he can at   the lowest possible rate of interest? Did Mr。 Stener have to   loan it to Mr。 Cowperwood if he did not want to? As a matter of   fact didn't he testify here to…day that he personally had sent   for Mr。 Cowperwood in the first place? Why; then; in Heaven's   name; this excited charge of larceny; larceny as bailee;   embezzlement; embezzlement on a check; etc。; etc。?
  〃Once more; gentlemen; listen。  I'll tell you why。  The men   who stood behind Stener; and whose bidding he was doing; wanted   to make a political scapegoat of some oneof Frank Algernon   Cowperwood; if they couldn't get any one else。  That's why。   No other reason under God's blue sky; not one。  Why; if Mr。   Cowperwood needed more money just at that time to tide him   over; it would have been good policy for them to have given it   to him and hushed this matter up。  It would have been illegal   though not any more illegal than anything else that has ever   been done in this connectionbut it would have been safer。   Fear; gentlemen; fear; lack of courage; inability to meet a   great crisis when a great crisis appears; was all that really   prevented them from doing this。  They were afraid to place   confidence in a man who had never heretofore betrayed their   trust and from whose loyalty and great financial ability they   and the city had been reaping large profits。  The reigning city   treasurer of the time didn't have the courage to go on in the   face of fire and panic and the rumors of possible failure; and   stick by his illegal guns; and so he decided to draw in his   horns as testified here to…dayto ask Mr。 Cowperwood to return   all or at least a big part of the five hundred thousand dollars   he had loaned him; and which Cowperwood had been actually using   for his; Stener's benefit; and to refuse him in addition the   money that was actually due him for an authorized purchase of   city loan。  Was Cowperwood guilty as an agent in any of these   transactions? Not in the least。  Was there any suit pending to   make him return the five hundred thousand dollars of city money   involved in his present failure? Not at all。  It was simply a   case of wild; silly panic on the part of George W。 Stener; and   a strong desire on the part of the Republican party leaders;   once they discovered what the situation was; to find some one   outside of Stener; the party treasurer; upon whom they could   blame the shortage in the treasury。  You heard what Mr。   Cowperwood testified to here in this case to…daythat he went   to Mr。 Stener to forfend against any possible action of this   kind in the first place。  And it was because of this very   warning that Mr。 Stener became wildly excited; lost his head;   and wanted Mr。 Cowperwood to return him all his money; all the   five hundred thousand dollars he had loaned him at two and   one…half per cent。  Isn't that silly financial business at the   best? Wasn't that a fine time to try to call a perfectly legal   loan?
  〃But now to return to this particular check of sixty thousand   dollars。  When Mr。 Cowperwood called that last afternoon before   he failed; Mr。 Stener testified that he told him that he couldn't   have any more money; that it was impossible; and that then Mr。   Cowperwood went out into his general office and without his   knowledge or consent persuaded his chief clerk and secretary;   Mr。 Albert Stires; to give him a check for sixty thousand dollars;   to which he was not entitled and on which he; Stener; would   have stopped payment if he had known。
  〃What nonsense! Why didn't he know? The books were there; open   to him。  Mr。 Stires told him the first thing the next morning。   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 nothinghonor; 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 checknamely; 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。   Now; gentlemen; what are the actual facts in this case? Was the   said Frank A。 Cowperwood & Companythere is no company; as   you well know; as you have heard testified here to…day; only   Frank A。 Cowperwoodwas the said Frank A。 Cowperwood a fit   person to receive the check at this time in the manner he   received itthat is; was he authorized agent of the city at   the time; or was he not? Was he solvent? Did he