Full Text Archive

Full Text Archive
https://www.fulltextarchive.com
"Never," replied Steger for Cowperwood, quietly.
"Frank Algernon Cowperwood," called the clerk, in his nasal, singsong way, coming forward,
"have you anything to say why judgment should not now be pronounced upon you? If so,
speak."
Cowperwood started to say no, but Steger put up his hand.
"If the court pleases, my client, Mr. Cowperwood, the prisoner at the bar, is neither guilty in his
own estimation, nor in that of two-fifths of the Pennsylvania State Supreme Court--the court of
last resort in this State," he exclaimed, loudly and clearly, so that all might hear.
One of the interested listeners and spectators at this point was Edward Malia Butler, who had
just stepped in from another courtroom where he had been talking to a judge. An obsequious
court attendant had warned him that Cowperwood was about to be sentenced. He had really
come here this morning in order not to miss this sentence, but he cloaked his motive under the
guise of another errand. He did not know that Aileen was there, nor did he see her.
"As he himself testified at the time of his trial," went on Steger, "and as the evidence clearly
showed, he was never more than an agent for the gentleman whose offense was subsequently
adjudicated by this court; and as an agent he still maintains, and two-fifths of the State Supreme
Court agree with him, that he was strictly within his rights and privileges in not having deposited
the sixty thousand dollars' worth of city loan certificates at the time, and in the manner which the
people, acting through the district attorney, complained that he should have. My client is a man
of rare financial ability. By the various letters which have been submitted to your honor in his
behalf, you will see that he commands the respect and the sympathy of a large majority of the
most forceful and eminent men in his particular world. He is a man of distinguished social
standing and of notable achievements. Only the most unheralded and the unkindest thrust of
fortune has brought him here before you today--a fire and its consequent panic which involved a
financial property of the most thorough and stable character. In spite of the verdict of the jury
and the decision of three-fifths of the State Supreme Court, I maintain that my client is not an
embezzler, that he has not committed larceny, that he should never have been convicted, and
that he should not now be punished for something of which he is not guilty.
"I trust that your honor will not misunderstand me or my motives when I point out in this situation
that what I have said is true. I do not wish to cast any reflection on the integrity of the court, nor
of any court, nor of any of the processes of law. But I do condemn and deplore the untoward
chain of events which has built up a seeming situation, not easily understood by the lay mind,
and which has brought my distinguished client within the purview of the law. I think it is but fair
that this should be finally and publicly stated here and now. I ask that your honor be lenient, and
that if you cannot conscientiously dismiss this charge you will at least see that the facts, as I
have indicated them, are given due weight in the measure of the punishment inflicted."
Steger stepped back and Judge Payderson nodded, as much as to say he had heard all the
distinguished lawyer had to say, and would give it such consideration as it deserved--no more.
Then he turned to Cowperwood, and, summoning all his judicial dignity to his aid, he began:
"Frank Algernon Cowperwood, you have been convicted by a jury of your own selection of the
offense of larceny. The motion for a new trial, made in your behalf by your learned counsel, has
264 / 312

---