He told first how he had met Cowperwood in the early months of 1866--he could not remember the exact day; it was during his first term as city treasurer--he had been elected to the office in the fall of 1864. He had been troubled about the condition of city loan, which was below par, and which could not be sold by the city legally at anything but par. Cowperwood had been recommended to him by some one--Mr. Strobik, he believed, though he couldn't be sure. It was the custom of city treasurers to employ brokers, or a broker, in a crisis of this kind, and he was merely following what had been the custom. He went on to describe, under steady promptings and questions from the incisive mind of Shannon, just what the nature of this first conversation was--he remembered it fairly well; how Mr. Cowperwood had said he thought he could do what was wanted; how he had gone away and drawn up a plan or thought one out; and how he had returned and laid it before Stener. Under Shannon's skillful guidance Stener elucidated just what this scheme was--which wasn't exactly so flattering to the honesty of men in general as it was a testimonial to their subtlety and skill.
After much discussion of Stener's and Cowperwood's relations the story finally got down to the preceding October, when by reason of companionship, long business understanding, mutually prosperous relationship, etc., the place bad been reached where, it was explained, Cowperwood was not only handling several millions of city loan annually, buying and selling for the city and trading in it generally, but in the bargain had secured one five hundred thousand dollars' worth of city money at an exceedingly low rate of interest, which was being invested for himself and Stener in profitable street-car ventures of one kind and another. Stener was not anxious to be altogether clear on this point; but Shannon, seeing that he was later to prosecute Stener himself for this very crime of embezzlement, and that Steger would soon follow in cross-examination, was not willing to let him be hazy. Shannon wanted to fix Cowperwood in the minds of the jury as a clever, tricky person, and by degrees he certainly managed to indicate a very subtle-minded man. Occasionally, as one sharp point after another of Cowperwood's skill was brought out and made moderately clear, one juror or another turned to look at Cowperwood. And he noting this and in order to impress them all as favorably as possible merely gazed Stenerward with a steady air of intelligence and comprehension.
The examination now came down to the matter of the particular check for sixty thousand dollars which Albert Stires had handed Cowperwood on the afternoon--late--of October 9, 1871. Shannon showed Stener the check itself. Had he ever seen it? Yes. Where? In the office of District Attorney Pettie on October 20th, or thereabouts last.
Was that the first time he had seen it? Yes. Had he ever heard about it before then? Yes. When? On October 10th last. Would he kindly tell the jury in his own way just how and under what circumstances he first heard of it then? Stener twisted uncomfortably in his chair. It was a hard thing to do. It was not a pleasant commentary on his own character and degree of moral stamina, to say the least. However, he cleared his throat again and began a description of that small but bitter section of his life's drama in which Cowperwood, finding himself in a tight place and about to fail, had come to him at his office and demanded that he loan him three hundred thousand dollars more in one lump sum.
There was considerable bickering just at this point between Steger and Shannon, for the former was very anxious to make it appear that Stener was lying out of the whole cloth about this. Steger got in his objection at this point, and created a considerable diversion from the main theme, because Stener kept saying he "thought" or he "believed."
"Object!" shouted Steger, repeatedly. "I move that that be stricken from the record as incompetent, irrelevant, and immaterial.
The witness is not allowed to say what he thinks, and the prosecution knows it very well."
"Your honor," insisted Shannon, "I am doing the best I can to have the witness tell a plain, straightforward story, and I think that it is obvious that he is doing so."
"Object!" reiterated Steger, vociferously. "Your honor, I insist that the district attorney has no right to prejudice the minds of the jury by flattering estimates of the sincerity of the witness.
What he thinks of the witness and his sincerity is of no importance in this case. I must ask that your honor caution him plainly in this matter."
"Objection sustained," declared Judge Payderson, "the prosecution will please be more explicit"; and Shannon went on with his case.
