The Financier by Theodore Dreiser

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.

Now, gentlemen, what are the actual facts in this case? Was the said Frank A. Cowperwood & Company—there is no company, as you well know, as you have heard testified here to-day, only Frank A. Cowperwood—was the said Frank A. Cowperwood a fit person to receive the check at this time in the manner he received it—that 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 would—as it was understood naturally and normally that he would—or 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 before—it makes no difference when, so long as they had been properly terminated—or 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 into—as 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 two—the man in the most dangerous position, the city treasurer of Philadelphia, no less—can 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. Stener—that 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 for—the three hundred thousand dollars I now demand—you 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.