“Gentlemen of the jury, my client, Mr. Frank Algernon Cowperwood, a well-known banker and financier of this city, doing business in Third Street, is charged by the State of Pennsylvania, represented by the district attorney of this district, with fraudulently transferring from the treasury of the city of Philadelphia to his own purse the sum of sixty thousand dollars, in the form of a check made out to his order, dated October 9, 1871, and by him received from one Albert Stires, the private secretary and head bookkeeper of the treasurer of this city, at the time in question.  Now, gentlemen, what are the facts in this connection?  You have heard the various witnesses and know the general outlines of the story.  Take the testimony of George W. Stener, to begin with.  He tells you that sometime back in the year 1866 he was greatly in need of some one, some banker or broker, who would tell him how to bring city loan, which was selling very low at the time, to par—­who would not only tell him this, but proceed to demonstrate that his knowledge was accurate by doing it.  Mr. Stener was an inexperienced man at the time in the matter of finance.  Mr. Cowperwood was an active young man with an enviable record as a broker and a trader on ’change.  He proceeded to demonstrate to Mr. Stener not only in theory, but in fact, how this thing of bringing city loan to par could be done.  He made an arrangement at that time with Mr. Stener, the details of which you have heard from Mr. Stener himself, the result of which was that a large amount of city loan was turned over to Mr. Cowperwood by Mr. Stener for sale, and by adroit manipulation—­methods of buying and selling which need not be gone into here, but which are perfectly sane and legitimate in the world in which Mr. Cowperwood operated, did bring that loan to par, and kept it there year after year as you have all heard here testified to.

“Now what is the bone of contention here, gentlemen, the significant fact which brings Mr. Stener into this court at this time charging his old-time agent and broker with larceny and embezzlement, and alleging that he has transferred to his own use without a shadow of return sixty thousand dollars of the money which belongs to the city treasury?  What is it?  Is it that Mr. Cowperwood secretly, with great stealth, as it were, at some time or other, unknown to Mr. Stener or to his assistants, entered the office of the treasurer and forcibly, and with criminal intent, carried away sixty thousand dollars’ worth of the city’s money?  Not at all.  The charge is, as you have heard the district attorney explain, that Mr. Cowperwood came in broad daylight at between four and five o’clock of the afternoon preceeding the day of his assignment; was closeted with Mr. Stener for a half or three-quarters of an hour; came out; explained to Mr. Albert Stires that he had recently bought sixty thousand dollars’ worth of city loan for the city sinking-fund, for which he had not been paid; asked that the amount be