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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,
221 / 312

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