第 85 节
作者:连过十一人      更新:2021-05-03 16:36      字数:9321
  itthat is; was he authorized agent of the city at   the time; or was he not? Was he solvent? Did he actually himself   think he was going to fail; and was this sixty…thousand…dollar   check a last thin straw which he was grabbing at to save his   financial life regardless of what it involved legally; morally;   or otherwise; or had he actually purchased certificates of city   loan to the amount he said he had in the way he said he had; at   the time he said he had; and was he merely collecting his honest   due? Did he intend to deposit these certificates of loans in the   city sinking…fund; as he said he wouldas it was understood   naturally and normally that he wouldor did he not? Were his   relations with the city treasurer as broker and agent the same   as they had always been on the day that he secured this particular   check for sixty thousand dollars; or were they not? Had they been   terminated by a conversation fifteen minutes before or two days   before or two weeks beforeit makes no difference when; so long   as they had been properly terminatedor had they not? A business   man has a right to abrogate an agreement at any time where there   is no specific form of contract and no fixed period of operation   entered intoas you all must know。  You must not forget that in   considering the evidence in this case。  Did George W。 Stener;   knowing or suspecting that Frank A。 Cowperwood was in a tight   place financially; unable to fulfill any longer properly and   honestly the duties supposedly devolving on him by this agreement;   terminate it then and there on October 9; 1871; before this   check for sixty thousand dollars was given; or did he not? Did   Mr。 Frank A。 Cowperwood then and there; knowing that he was no   longer an agent of the city treasurer and the city; and knowing   also that he was insolvent (having; as Mr。 Stener contends;   admitted to him that he was so); and having no intention of   placing the certificates which he subsequently declared he had   purchased in the sinking…fund; go out into Mr。 Stener's general   office; meet his secretary; tell him he had purchased sixty   thousand dollars' worth of city loan; ask for the check; get   it; put it in his pocket; walk off; and never make any return   of any kind in any manner; shape; or form to the city; and then;   subsequently; twenty…four hours later; fail; owing this and   five hundred thousand dollars more to the city treasury; or did   he not? What are the facts in this case? What have the witnesses   testified to? What has George W。 Stener testified to; Albert   Stires; President Davison; Mr。 Cowperwood himself? What are the   interesting; subtle facts in this case; anyhow? Gentlemen; you   have a very curious problem to decide。〃
  He paused and gazed at the jury; adjusting his sleeves as he did so; and looking as though he knew for certain that he was on the trail of a slippery; elusive criminal who was in a fair way to foist himself upon an honorable and decent community and an honorable and innocent jury as an honest man。
  Then he continued:
  〃Now; gentlemen; what are the facts? You can see for yourselves   exactly how this whole situation has come about。  You are sensible   men。  I don't need to tell you。  Here are two men; one elected   treasurer of the city of Philadelphia; sworn to guard the   interests of the city and to manipulate its finances to the best   advantage; and the other called in at a time of uncertain financial   cogitation to assist in unraveling a possibly difficult financial   problem; and then you have a case of a quiet; private financial   understanding being reached; and of subsequent illegal dealings   in which one man who is shrewder; wiser; more versed in the subtle   ways of Third Street leads the other along over seemingly charming   paths of fortunate investment into an accidental but none the   less criminal mire of failure and exposure and public calumny and   what not。  And then they get to the place where the more vulnerable   individual of the twothe man in the most dangerous position;   the city treasurer of Philadelphia; no lesscan no longer   reasonably or; let us say; courageously; follow the other fellow;   and then you have such a spectacle as was described here this   afternoon in the witness…chair by Mr。 Stenerthat is; you have   a vicious; greedy; unmerciful financial wolf standing over a   cowering; unsophisticated commercial lamb; and saying to him;   his white; shiny teeth glittering all the while; 'If you don't   advance me the money I ask forthe three hundred thousand   dollars I now demandyou will be a convict; your children will   be thrown in the street; you and your wife and your family will   be in poverty again; and there will be no one to turn a hand   for you。'  That is what Mr。 Stener says Mr。 Cowperwood said to   him。  I; for my part; haven't a doubt in the world that he did。   Mr。 Steger; in his very guarded references to his client;   describes him as a nice; kind; gentlemanly agent; a broker   merely on whom was practically forced the use of five hundred   thousand dollars at two and a half per cent。 when money was   bringing from ten to fifteen per cent。 in Third Street on call   loans; and even more。  But I for one don't choose to believe it。   The thing that strikes me as strange in all of this is that if   he was so nice and kind and gentle and remotea mere hired and   therefore subservient agenthow is it that he could have gone   to Mr。 Stener's office two or three days before the matter of   this sixty…thousand…dollar check came up and say to him; as Mr。   Stener testifies under oath that he did say to him; 'If you   don't give me three hundred thousand dollars' worth more of the   city's money at once; to…day; I will fail; and you will be a   convict。  You will go to the penitentiary。'? That's what he said   to him。  'I will fail and you will be a convict。  They can't   touch me; but they will arrest you。  I am an agent merely。'   Does that sound like a nice; mild; innocent; well…mannered agent;   a hired broker; or doesn't it sound like a hard; defiant;   contemptuous mastera man in control and ready to rule and win   by fair means or foul?
  〃Gentlemen; I hold no brief for George W。 Stener。  In my judgment   he is as guilty as his smug co…partner in crimeif not more so   this oily financier who came smiling and in sheep's clothing;   pointing out subtle ways by which the city's money could be made   profitable for both; but when I hear Mr。 Cowperwood described as   I have just heard him described; as a nice; mild; innocent agent;   my gorge rises。  Why; gentlemen; if you want to get a right point   of view on this whole proposition you will have to go back about   ten or twelve years and see Mr。 George W。 Stener as he was then;   a rather poverty…stricken beginner in politics; and before this   very subtle and capable broker and agent came along and pointed   out ways and means by which the city's money could be made   profitable; George W。 Stener wasn't very much of a personage then;   and neither was Frank A。 Cowperwood when he found Stener newly   elected to the office of city treasurer。  Can't you see him arriving   at that time nice and fresh and young and well dressed; as shrewd   as a fox; and saying: 'Come to me。  Let me handle city loan。   Loan me the city's money at two per cent。 or less。'  Can't you   hear him suggesting this? Can't you see him?
  〃George W。 Stener was a poor man; comparatively a very poor man;   when he first became city treasurer。  All he had was a small   real…estate and insurance business which brought him in; say;   twenty…five hundred dollars a year。  He had a wife and four   children to support; and he had never had the slightest taste   of what for him might be called luxury or comfort。  Then comes   Mr。 Cowperwoodat his request; to be sure; but on an errand   which held no theory of evil gains in Mr。 Stener's mind at the   timeand proposes his grand scheme of manipulating all the city   loan to their mutual advantage。  Do you yourselves think;   gentlemen; from what you have seen of George W。 Stener here on   the witness…stand; that it was he who proposed this plan of   ill…gotten wealth to that gentleman over there?〃
  He pointed to Cowperwood。
  〃Does he look to you like a man who would be able to tell that   gentleman anything about finance or this wonderful manipulation   that followed? I ask you; does he look clever enough to suggest   all the subtleties by which these two subsequently made so much   money? Why; the statement of this man Cowperwood made to his   creditors at the time of his failure here a few weeks ago showed   that he considered himself to be worth over one million two   hundred and fifty thousand dollars; and he is only a little over   thirty…four years old to…day。  How much was he worth at the time   he first entered business relations with the ex…city treasurer?   Have you any idea? I can tell。  I had the matter looked up almost   a month ago on my accession to office。  Just a little over two   hundred thousand dollars; gentlemenjust a little over two   hundred thousand dollars。  Here is an abstract from the files of   Dun & Company for that year。  Now you can see how rapidly our   Caesar has grown in wealth