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- Теодор Драйзер
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- Стр. 206/297
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Embezzlement
on
a
check
,
which
constitutes
the
fourth
charge
,
is
simply
a
more
definite
form
of
fixing
charge
number
two
in
an
exact
way
and
signifies
appropriating
the
money
on
a
check
given
for
a
certain
definite
purpose
.
All
of
these
charges
,
as
you
can
see
,
gentlemen
,
are
in
a
way
synonymous
.
They
overlap
and
overlay
each
other
.
The
people
,
through
their
representative
,
the
district
attorney
,
contend
that
Mr.
Cowperwood
,
the
defendant
here
,
is
guilty
of
all
four
charges
.
So
now
,
gentlemen
,
we
will
proceed
to
the
history
of
this
crime
,
which
proves
to
me
as
an
individual
that
this
defendant
has
one
of
the
most
subtle
and
dangerous
minds
of
the
criminal
financier
type
,
and
we
hope
by
witnesses
to
prove
that
to
you
,
also
.
"
Shannon
,
because
the
rules
of
evidence
and
court
procedure
here
admitted
of
no
interruption
of
the
prosecution
in
presenting
a
case
,
then
went
on
to
describe
from
his
own
point
of
view
how
Cowperwood
had
first
met
Stener
;
how
he
had
wormed
himself
into
his
confidence
;
how
little
financial
knowledge
Stener
had
,
and
so
forth
;
coming
down
finally
to
the
day
the
check
for
sixty
thousand
dollars
was
given
Cowperwood
;
how
Stener
,
as
treasurer
,
claimed
that
he
knew
nothing
of
its
delivery
,
which
constituted
the
base
of
the
charge
of
larceny
;
how
Cowperwood
,
having
it
,
misappropriated
the
certificates
supposed
to
have
been
purchased
for
the
sinking-fund
,
if
they
were
purchased
at
all
--
all
of
which
Shannon
said
constituted
the
crimes
with
which
the
defendant
was
charged
,
and
of
which
he
was
unquestionably
guilty
.
"
We
have
direct
and
positive
evidence
of
all
that
we
have
thus
far
contended
,
gentlemen
,
"
Mr.
Shannon
concluded
violently
.
"
This
is
not
a
matter
of
hearsay
or
theory
,
but
of
fact
.
You
will
be
shown
by
direct
testimony
which
can
not
be
shaken
just
how
it
was
done
.
If
,
after
you
have
heard
all
this
,
you
still
think
this
man
is
innocent
--
that
he
did
not
commit
the
crimes
with
which
he
is
charged
--
it
is
your
business
to
acquit
him
.
On
the
other
hand
,
if
you
think
the
witnesses
whom
we
shall
put
on
the
stand
are
telling
the
truth
,
then
it
is
your
business
to
convict
him
,
to
find
a
verdict
for
the
people
as
against
the
defendant
.
I
thank
you
for
your
attention
.
"
The
jurors
stirred
comfortably
and
took
positions
of
ease
,
in
which
they
thought
they
were
to
rest
for
the
time
;
but
their
idle
comfort
was
of
short
duration
for
Shannon
now
called
out
the
name
of
George
W.
Stener
,
who
came
hurrying
forward
very
pale
,
very
flaccid
,
very
tired-looking
.
His
eyes
,
as
he
took
his
seat
in
the
witness-chair
,
laying
his
hand
on
the
Bible
and
swearing
to
tell
the
truth
,
roved
in
a
restless
,
nervous
manner
.
His
voice
was
a
little
weak
as
he
started
to
give
his
testimony
.
He
told
first
how
he
had
met
Cowperwood
in
the
early
months
of
1866
--
he
could
not
remember
the
exact
day
;
it
was
during
his
first
term
as
city
treasurer
--
he
had
been
elected
to
the
office
in
the
fall
of
1864
.
He
had
been
troubled
about
the
condition
of
city
loan
,
which
was
below
par
,
and
which
could
not
be
sold
by
the
city
legally
at
anything
but
par
.
Cowperwood
had
been
recommended
to
him
by
some
one
--
Mr.
Strobik
,
he
believed
,
though
he
could
n't
be
sure
.
It
was
the
custom
of
city
treasurers
to
employ
brokers
,
or
a
broker
,
in
a
crisis
of
this
kind
,
and
he
was
merely
following
what
had
been
the
custom
.
He
went
on
to
describe
,
under
steady
promptings
and
questions
from
the
incisive
mind
of
Shannon
,
just
what
the
nature
of
this
first
conversation
was
--
he
remembered
it
fairly
well
;
how
Mr.
Cowperwood
had
said
he
thought
he
could
do
what
was
wanted
;
how
he
had
gone
away
and
drawn
up
a
plan
or
thought
one
out
;
and
how
he
had
returned
and
laid
it
before
Stener
.
Under
Shannon
's
skillful
guidance
Stener
elucidated
just
what
this
scheme
was
--
which
was
n't
exactly
so
flattering
to
the
honesty
of
men
in
general
as
it
was
a
testimonial
to
their
subtlety
and
skill
.
After
much
discussion
of
Stener
's
and
Cowperwood
's
relations
the
story
finally
got
down
to
the
preceding
October
,
when
by
reason
of
companionship
,
long
business
understanding
,
mutually
prosperous
relationship
,
etc.
,
the
place
bad
been
reached
where
,
it
was
explained
,
Cowperwood
was
not
only
handling
several
millions
of
city
loan
annually
,
buying
and
selling
for
the
city
and
trading
in
it
generally
,
but
in
the
bargain
had
secured
one
five
hundred
thousand
dollars
'
worth
of
city
money
at
an
exceedingly
low
rate
of
interest
,
which
was
being
invested
for
himself
and
Stener
in
profitable
street-car
ventures
of
one
kind
and
another
.
Stener
was
not
anxious
to
be
altogether
clear
on
this
point
;
but
Shannon
,
seeing
that
he
was
later
to
prosecute
Stener
himself
for
this
very
crime
of
embezzlement
,
and
that
Steger
would
soon
follow
in
cross-examination
,
was
not
willing
to
let
him
be
hazy
.
Shannon
wanted
to
fix
Cowperwood
in
the
minds
of
the
jury
as
a
clever
,
tricky
person
,
and
by
degrees
he
certainly
managed
to
indicate
a
very
subtle-minded
man
.
Occasionally
,
as
one
sharp
point
after
another
of
Cowperwood
's
skill
was
brought
out
and
made
moderately
clear
,
one
juror
or
another
turned
to
look
at
Cowperwood
.
And
he
noting
this
and
in
order
to
impress
them
all
as
favorably
as
possible
merely
gazed
Stenerward
with
a
steady
air
of
intelligence
and
comprehension
.
The
examination
now
came
down
to
the
matter
of
the
particular
check
for
sixty
thousand
dollars
which
Albert
Stires
had
handed
Cowperwood
on
the
afternoon
--
late
--
of
October
9
,
1871
.
Shannon
showed
Stener
the
check
itself
.
Had
he
ever
seen
it
?
Yes
.
Where
?
In
the
office
of
District
Attorney
Pettie
on
October
20th
,
or
thereabouts
last
.
Was
that
the
first
time
he
had
seen
it
?
Yes
.
Had
he
ever
heard
about
it
before
then
?
Yes
.
When
?
On
October
10th
last
.
Would
he
kindly
tell
the
jury
in
his
own
way
just
how
and
under
what
circumstances
he
first
heard
of
it
then
?
Stener
twisted
uncomfortably
in
his
chair
.
It
was
a
hard
thing
to
do
.
It
was
not
a
pleasant
commentary
on
his
own
character
and
degree
of
moral
stamina
,
to
say
the
least
.
However
,
he
cleared
his
throat
again
and
began
a
description
of
that
small
but
bitter
section
of
his
life
's
drama
in
which
Cowperwood
,
finding
himself
in
a
tight
place
and
about
to
fail
,
had
come
to
him
at
his
office
and
demanded
that
he
loan
him
three
hundred
thousand
dollars
more
in
one
lump
sum
.
