Part 42 (2/2)

On the morning of this day, according to Stener, he had sent Cowperwood a letter ordering him to cease purchasing city loan certificates for the sinking-fund. It was after their conversation on the same afternoon that Cowperwood surrept.i.tiously secured the check for sixty thousand dollars from Albert Stires without his (Stener's) knowledge; and it was subsequent to this latter again that Stener, sending Albert to demand the return of the check, was refused, though the next day at five o'clock in the afternoon Cowperwood made an a.s.signment. And the certificates for which the check had been purloined were not in the sinking-fund as they should have been. This was dark testimony for Cowperwood.

If any one imagines that all this was done without many vehement objections and exceptions made and taken by Steger, and subsequently when he was cross-examining Stener, by Shannon, he errs greatly. At times the chamber was coruscating with these two gentlemen's bitter wrangles, and his honor was compelled to hammer his desk with his gavel, and to threaten both with contempt of court, in order to bring them to a sense of order. Indeed while Payderson was highly incensed, the jury was amused and interested.

”You gentlemen will have to stop this, or I tell you now that you will both be heavily fined. This is a court of law, not a bar-room. Mr.

Steger, I expect you to apologize to me and your colleague at once. Mr.

Shannon, I must ask that you use less aggressive methods. Your manner is offensive to me. It is not becoming to a court of law. I will not caution either of you again.”

Both lawyers apologized as lawyers do on such occasions, but it really made but little difference. Their individual att.i.tudes and moods continued about as before.

”What did he say to you,” asked Shannon of Stener, after one of these troublesome interruptions, ”on that occasion, October 9th last, when he came to you and demanded the loan of an additional three hundred thousand dollars? Give his words as near as you can remember--exactly, if possible.”

”Object!” interposed Steger, vigorously. ”His exact words are not recorded anywhere except in Mr. Stener's memory, and his memory of them cannot be admitted in this case. The witness has testified to the general facts.”

Judge Payderson smiled grimly. ”Objection overruled,” he returned.

”Exception!” shouted Steger.

”He said, as near as I can remember,” replied Stener, drumming on the arms of the witness-chair in a nervous way, ”that if I didn't give him three hundred thousand dollars he was going to fail, and I would be poor and go to the penitentiary.”

”Object!” shouted Stager, leaping to his feet. ”Your honor, I object to the whole manner in which this examination is being conducted by the prosecution. The evidence which the district attorney is here trying to extract from the uncertain memory of the witness is in defiance of all law and precedent, and has no definite bearing on the facts of the case, and could not disprove or substantiate whether Mr. Cowperwood thought or did not think that he was going to fail. Mr. Stener might give one version of this conversation or any conversation that took place at this time, and Mr. Cowperwood another. As a matter of fact, their versions are different. I see no point in Mr. Shannon's line of inquiry, unless it is to prejudice the jury's minds towards accepting certain allegations which the prosecution is pleased to make and which it cannot possibly substantiate. I think you ought to caution the witness to testify only in regard to things that he recalls exactly, not to what he thinks he remembers; and for my part I think that all that has been testified to in the last five minutes might be well stricken out.”

”Objection overruled,” replied Judge Payderson, rather indifferently; and Steger who had been talking merely to overcome the weight of Stener's testimony in the minds of the jury, sat down.

Shannon once more approached Stener.

”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.

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