第 85 节
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连过十一人 更新:2021-05-03 16:36 字数:9321
itthat 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 wouldas it was understood naturally and normally that he wouldor 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 beforeit makes no difference when; so long as they had been properly terminatedor 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 intoas 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 twothe man in the most dangerous position; the city treasurer of Philadelphia; no lesscan 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。 Stenerthat 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 forthe three hundred thousand dollars I now demandyou 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。 Mr。 Steger; in his very guarded references to his client; describes him as a nice; kind; gentlemanly agent; a broker merely on whom was practically forced the use of five hundred thousand dollars at two and a half per cent。 when money was bringing from ten to fifteen per cent。 in Third Street on call loans; and even more。 But I for one don't choose to believe it。 The thing that strikes me as strange in all of this is that if he was so nice and kind and gentle and remotea mere hired and therefore subservient agenthow is it that he could have gone to Mr。 Stener's office two or three days before the matter of this sixty…thousand…dollar check came up and say to him; as Mr。 Stener testifies under oath that he did say to him; 'If you don't give me three hundred thousand dollars' worth more of the city's money at once; to…day; I will fail; and you will be a convict。 You will go to the penitentiary。'? That's what he said to him。 'I will fail and you will be a convict。 They can't touch me; but they will arrest you。 I am an agent merely。' Does that sound like a nice; mild; innocent; well…mannered agent; a hired broker; or doesn't it sound like a hard; defiant; contemptuous mastera man in control and ready to rule and win by fair means or foul?
〃Gentlemen; I hold no brief for George W。 Stener。 In my judgment he is as guilty as his smug co…partner in crimeif not more so this oily financier who came smiling and in sheep's clothing; pointing out subtle ways by which the city's money could be made profitable for both; but when I hear Mr。 Cowperwood described as I have just heard him described; as a nice; mild; innocent agent; my gorge rises。 Why; gentlemen; if you want to get a right point of view on this whole proposition you will have to go back about ten or twelve years and see Mr。 George W。 Stener as he was then; a rather poverty…stricken beginner in politics; and before this very subtle and capable broker and agent came along and pointed out ways and means by which the city's money could be made profitable; George W。 Stener wasn't very much of a personage then; and neither was Frank A。 Cowperwood when he found Stener newly elected to the office of city treasurer。 Can't you see him arriving at that time nice and fresh and young and well dressed; as shrewd as a fox; and saying: 'Come to me。 Let me handle city loan。 Loan me the city's money at two per cent。 or less。' Can't you hear him suggesting this? Can't you see him?
〃George W。 Stener was a poor man; comparatively a very poor man; when he first became city treasurer。 All he had was a small real…estate and insurance business which brought him in; say; twenty…five hundred dollars a year。 He had a wife and four children to support; and he had never had the slightest taste of what for him might be called luxury or comfort。 Then comes Mr。 Cowperwoodat his request; to be sure; but on an errand which held no theory of evil gains in Mr。 Stener's mind at the timeand proposes his grand scheme of manipulating all the city loan to their mutual advantage。 Do you yourselves think; gentlemen; from what you have seen of George W。 Stener here on the witness…stand; that it was he who proposed this plan of ill…gotten wealth to that gentleman over there?〃
He pointed to Cowperwood。
〃Does he look to you like a man who would be able to tell that gentleman anything about finance or this wonderful manipulation that followed? I ask you; does he look clever enough to suggest all the subtleties by which these two subsequently made so much money? Why; the statement of this man Cowperwood made to his creditors at the time of his failure here a few weeks ago showed that he considered himself to be worth over one million two hundred and fifty thousand dollars; and he is only a little over thirty…four years old to…day。 How much was he worth at the time he first entered business relations with the ex…city treasurer? Have you any idea? I can tell。 I had the matter looked up almost a month ago on my accession to office。 Just a little over two hundred thousand dollars; gentlemenjust a little over two hundred thousand dollars。 Here is an abstract from the files of Dun & Company for that year。 Now you can see how rapidly our Caesar has grown in wealth