"Now, as near as you can remember, Mr. Stener, I wish you would tell the jury what else it was that Mr. Cowperwood said on that occasion. He certainly didn't stop with the remark that you would be ruined and go to the penitentiary. Wasn't there other language that was employed on that occasion?"
"He said, as far as I can remember," replied Stener, "that there were a lot of political schemers who were trying to frighten me, that if I didn't give him three hundred thousand dollars we would both be ruined, and that I might as well be tried for stealing a sheep as a lamb."
"Ha!" yelled Shannon. "He said that, did he?"
"Yes, sir; he did," said Stener.
"How did he say it, exactly? What were his exact words?" Shannon demanded, emphatically, pointing a forceful forefinger at Stener in order to key him up to a clear memory of what had transpired.
"Well, as near as I can remember, he said just that," replied Stener, vaguely. "You might as well be tried for stealing a sheep as a lamb."
"Exactly!" exclaimed Shannon, whirling around past the jury to look at Cowperwood. "I thought so."
"Pure pyrotechnics, your honor," said Steger, rising to his feet on the instant. "All intended to prejudice the minds of the jury.
Acting. I wish you would caution the counsel for the prosecution to confine himself to the evidence in hand, and not act for the benefit of his case."
The spectators smiled; and Judge Payderson, noting it, frowned severely. "Do you make that as an objection, Mr. Steger?" he asked.
"I certainly do, your honor," insisted Steger, resourcefully.
"Objection overruled. Neither counsel for the prosecution nor for the defense is limited to a peculiar routine of expression."
Steger himself was ready to smile, but he did not dare to.
Cowperwood fearing the force of such testimony and regretting it, still looked at Stener, pityingly. The feebleness of the man; the weakness of the man; the pass to which his cowardice had brought them both!
When Shannon was through bringing out this unsatisfactory data, Steger took Stener in hand; but he could not make as much out of him as he hoped. In so far as this particular situation was concerned, Stener was telling the exact truth; and it is hard to weaken the effect of the exact truth by any subtlety of interpretation, though it can, sometimes, be done. With painstaking care Steger went over all the ground of Stener's long relationship with Cowperwood, and tried to make it appear that Cowperwood was invariably the disinterested agent--not the ringleader in a subtle, really criminal adventure. It was hard to do, but he made a fine impression. Still the jury listened with skeptical minds. It might not be fair to punish Cowperwood for seizing with avidity upon a splendid chance to get rich quick, they thought; but it certainly was not worth while to throw a veil of innocence over such palpable human cupidity. Finally, both lawyers were through with Stener for the time being, anyhow, and then Albert Stires was called to the stand.
He was the same thin, pleasant, alert, rather agreeable soul that he had been in the heyday of his clerkly prosperity--a little paler now, but not otherwise changed. His small property had been saved for him by Cowperwood, who had advised Steger to inform the Municipal Reform Association that Stires' bondsmen were attempting to sequestrate it for their own benefit, when actually it should go to the city if there were any real claim against him--which there was not. That watchful organization had issued one of its numerous reports covering this point, and Albert had had the pleasure of seeing Strobik and the others withdraw in haste. Naturally he was grateful to Cowperwood, even though once he had been compelled to cry in vain in his presence. He was anxious now to do anything he could to help the banker, but his naturally truthful disposition prevented him from telling anything except the plain facts, which were partly beneficial and partly not.
Stires testified that he recalled Cowperwood's saying that he had purchased the certificates, that he was entitled to the money, that Stener was unduly frightened, and that no harm would come to him, Albert. He identified certain memoranda in the city treasurer's books, which were produced, as being accurate, and others in Cowperwood's books, which were also produced, as being corroborative.
His testimony as to Stener's astonishment on discovering that his chief clerk had given Cowperwood a check was against the latter; but Cowperwood hoped to overcome the effect of this by his own testimony later.
Up to now both Steger and Cowperwood felt that they were doing fairly well, and that they need not be surprised if they won their case.
