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Finally
he
hit
upon
a
man
who
he
thought
would
do
.
He
did
not
amount
to
much
--
had
a
small
business
;
but
he
was
honest
,
and
he
liked
Cowperwood
.
His
name
was
Wingate
--
Stephen
Wingate
--
and
he
was
eking
out
a
not
too
robust
existence
in
South
Third
Street
as
a
broker
.
He
was
forty-five
years
of
age
,
of
medium
height
,
fairly
thick-set
,
not
at
all
unprepossessing
,
and
rather
intelligent
and
active
,
but
not
too
forceful
and
pushing
in
spirit
.
He
really
needed
a
man
like
Cowperwood
to
make
him
into
something
,
if
ever
he
was
to
be
made
.
He
had
a
seat
on
'
change
,
and
was
well
thought
of
;
respected
,
but
not
so
very
prosperous
.
In
times
past
he
had
asked
small
favors
of
Cowperwood
--
the
use
of
small
loans
at
a
moderate
rate
of
interest
,
tips
,
and
so
forth
;
and
Cowperwood
,
because
he
liked
him
and
felt
a
little
sorry
for
him
,
had
granted
them
.
Now
Wingate
was
slowly
drifting
down
toward
a
none
too
successful
old
age
,
and
was
as
tractable
as
such
a
man
would
naturally
be
.
No
one
for
the
time
being
would
suspect
him
of
being
a
hireling
of
Cowperwood
's
,
and
the
latter
could
depend
on
him
to
execute
his
orders
to
the
letter
He
sent
for
him
and
had
a
long
conversation
with
him
.
He
told
him
just
what
the
situation
was
,
what
he
thought
he
could
do
for
him
as
a
partner
,
how
much
of
his
business
he
would
want
for
himself
,
and
so
on
,
and
found
him
agreeable
.
"
I
'll
be
glad
to
do
anything
you
say
,
Mr.
Cowperwood
,
"
he
assured
the
latter
.
"
I
know
whatever
happens
that
you
'll
protect
me
,
and
there
's
nobody
in
the
world
I
would
rather
work
with
or
have
greater
respect
for
.
This
storm
will
all
blow
over
,
and
you
'll
be
all
right
.
We
can
try
it
,
anyhow
.
If
it
do
n't
work
out
you
can
see
what
you
want
to
do
about
it
later
.
"
And
so
this
relationship
was
tentatively
entered
into
and
Cowperwood
began
to
act
in
a
small
way
through
Wingate
.
By
the
time
the
State
Supreme
Court
came
to
pass
upon
Cowperwood
's
plea
for
a
reversal
of
the
lower
court
and
the
granting
of
a
new
trial
,
the
rumor
of
his
connection
with
Aileen
had
spread
far
and
wide
.
As
has
been
seen
,
it
had
done
and
was
still
doing
him
much
damage
.
It
confirmed
the
impression
,
which
the
politicians
had
originally
tried
to
create
,
that
Cowperwood
was
the
true
criminal
and
Stener
the
victim
.
His
semi-legitimate
financial
subtlety
,
backed
indeed
by
his
financial
genius
,
but
certainly
on
this
account
not
worse
than
that
being
practiced
in
peace
and
quiet
and
with
much
applause
in
many
other
quarters
--
was
now
seen
to
be
Machiavellian
trickery
of
the
most
dangerous
type
.
He
had
a
wife
and
two
children
;
and
without
knowing
what
his
real
thoughts
had
been
the
fruitfully
imaginative
public
jumped
to
the
conclusion
that
he
had
been
on
the
verge
of
deserting
them
,
divorcing
Lillian
,
and
marrying
Aileen
.
This
was
criminal
enough
in
itself
,
from
the
conservative
point
of
view
;
but
when
taken
in
connection
with
his
financial
record
,
his
trial
,
conviction
,
and
general
bankruptcy
situation
,
the
public
was
inclined
to
believe
that
he
was
all
the
politicians
said
he
was
.
He
ought
to
be
convicted
.
The
Supreme
Court
ought
not
to
grant
his
prayer
for
a
new
trial
.
It
is
thus
that
our
inmost
thoughts
and
intentions
burst
at
times
via
no
known
material
agency
into
public
thoughts
.
People
know
,
when
they
can
not
apparently
possibly
know
why
they
know
.
There
is
such
a
thing
as
thought-transference
and
transcendentalism
of
ideas
.
It
reached
,
for
one
thing
,
the
ears
of
the
five
judges
of
the
State
Supreme
Court
and
of
the
Governor
of
the
State
.
During
the
four
weeks
Cowperwood
had
been
free
on
a
certificate
of
reasonable
doubt
both
Harper
Steger
and
Dennis
Shannon
appeared
before
the
judges
of
the
State
Supreme
Court
,
and
argued
pro
and
con
as
to
the
reasonableness
of
granting
a
new
trial
.
Through
his
lawyer
,
Cowperwood
made
a
learned
appeal
to
the
Supreme
Court
judges
,
showing
how
he
had
been
unfairly
indicted
in
the
first
place
,
how
there
was
no
real
substantial
evidence
on
which
to
base
a
charge
of
larceny
or
anything
else
.
It
took
Steger
two
hours
and
ten
minutes
to
make
his
argument
,
and
District
--
Attorney
Shannon
longer
to
make
his
reply
,
during
which
the
five
judges
on
the
bench
,
men
of
considerable
legal
experience
but
no
great
financial
understanding
,
listened
with
rapt
attention
.
Three
of
them
,
Judges
Smithson
,
Rainey
,
and
Beckwith
,
men
most
amenable
to
the
political
feeling
of
the
time
and
the
wishes
of
the
bosses
,
were
little
interested
in
this
story
of
Cowperwood
's
transaction
,
particularly
since
his
relations
with
Butler
's
daughter
and
Butler
's
consequent
opposition
to
him
had
come
to
them
.
They
fancied
that
in
a
way
they
were
considering
the
whole
matter
fairly
and
impartially
;
but
the
manner
in
which
Cowperwood
had
treated
Butler
was
never
out
of
their
minds
.
Two
of
them
,
Judges
Marvin
and
Rafalsky
,
who
were
men
of
larger
sympathies
and
understanding
,
but
of
no
greater
political
freedom
,
did
feel
that
Cowperwood
had
been
badly
used
thus
far
,
but
they
did
not
see
what
they
could
do
about
it
.
He
had
put
himself
in
a
most
unsatisfactory
position
,
politically
and
socially
.
They
understood
and
took
into
consideration
his
great
financial
and
social
losses
which
Steger
described
accurately
;
and
one
of
them
,
Judge
Rafalsky
,
because
of
a
similar
event
in
his
own
life
in
so
far
as
a
girl
was
concerned
,
was
inclined
to
argue
strongly
against
the
conviction
of
Cowperwood
;
but
,
owing
to
his
political
connections
and
obligations
,
he
realized
that
it
would
not
be
wise
politically
to
stand
out
against
what
was
wanted
.
Still
,
when
he
and
Marvin
learned
that
Judges
Smithson
,
Rainey
,
and
Beckwith
were
inclined
to
convict
Cowperwood
without
much
argument
,
they
decided
to
hand
down
a
dissenting
opinion
.
The
point
involved
was
a
very
knotty
one
.
Cowperwood
might
carry
it
to
the
Supreme
Court
of
the
United
States
on
some
fundamental
principle
of
liberty
of
action
.
Anyhow
,
other
judges
in
other
courts
in
Pennsylvania
and
elsewhere
would
be
inclined
to
examine
the
decision
in
this
case
,
it
was
so
important
.
The
minority
decided
that
it
would
not
do
them
any
harm
to
hand
down
a
dissenting
opinion
.
The
politicians
would
not
mind
as
long
as
Cowperwood
was
convicted
--
would
like
it
better
,
in
fact
.
It
looked
fairer
.
Besides
,
Marvin
and
Rafalsky
did
not
care
to
be
included
,
if
they
could
help
it
,
with
Smithson
,
Rainey
,
and
Beckwith
in
a
sweeping
condemnation
of
Cowperwood
.
So
all
five
judges
fancied
they
were
considering
the
whole
matter
rather
fairly
and
impartially
,
as
men
will
under
such
circumstances
.
Smithson
,
speaking
for
himself
and
Judges
Rainey
and
Beckwith
on
the
eleventh
of
February
,
1872
,
said
:
"
The
defendant
,
Frank
A.
Cowperwood
,
asks
that
the
finding
of
the
jury
in
the
lower
court
(
the
State
of
Pennsylvania
vs.
Frank
A.
Cowperwood
)
be
reversed
and
a
new
trial
granted
.
This
court
can
not
see
that
any
substantial
injustice
has
been
done
the
defendant
.
[
Here
followed
a
rather
lengthy
resume
of
the
history
of
the
case
,
in
which
it
was
pointed
out
that
the
custom
and
precedent
of
the
treasurer
's
office
,
to
say
nothing
of
Cowperwood
's
easy
method
of
doing
business
with
the
city
treasury
,
could
have
nothing
to
do
with
his
responsibility
for
failure
to
observe
both
the
spirit
and
the
letter
of
the
law
.
]
The
obtaining
of
goods
under
color
of
legal
process
[
went
on
Judge
Smithson
,
speaking
for
the
majority
]
may
amount
to
larceny
.
In
the
present
case
it
was
the
province
of
the
jury
to
ascertain
the
felonious
intent
.
They
have
settled
that
against
the
defendant
as
a
question
of
fact
,
and
the
court
can
not
say
that
there
was
not
sufficient
evidence
to
sustain
the
verdict
.
For
what
purpose
did
the
defendant
get
the
check
?
He
was
upon
the
eve
of
failure
.
