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.

Chapter XLII

The trial moved on.  One witness for the prosecution after another followed until the State had built up an arraignment that satisfied Shannon that he had established Cowperwood’s guilt, whereupon he announced that he rested.  Steger at once arose and began a long argument for the dismissal of the case on the ground that there was no evidence to show this, that and the other, but Judge Payderson would have none of it.  He knew how important the matter was in the local political world.

“I don’t think you had better go into all that now, Mr. Steger,” he said, wearily, after allowing him to proceed a reasonable distance.  “I am familiar with the custom of the city, and the indictment as here made does not concern the custom of the city.  Your argument is with the jury, not with me.  I couldn’t enter into that now.  You may renew your motion at the close of the defendants’ case.  Motion denied.”

District-Attorney Shannon, who had been listening attentively, sat down.  Steger, seeing there was no chance to soften the judge’s mind by any subtlety of argument, returned to Cowperwood, who smiled at the result.

“We’ll just have to take our chances with the jury,” he announced.

“I was sure of it,” replied Cowperwood.

Steger then approached the jury, and, having outlined the case briefly from his angle of observation, continued by telling them what he was sure the evidence would show from his point of view.

“As a matter of fact, gentlemen, there is no essential difference in the evidence which the prosecution can present and that which we, the defense, can present.  We are not going to dispute that Mr. Cowperwood received a check from Mr. Stener for sixty thousand dollars, or that he failed to put the certificate of city loan which that sum of money represented, and to which he was entitled in payment as agent, in the sinking-fund, as the prosecution now claims he should have done; but we are going to claim and prove also beyond the shadow of a reasonable doubt that he had a right, as the agent of the city, doing business with the city through its treasury department for four years,