was in a tight place financially, unable to fulfill any longer properly and honestly the duties supposedly devolving on him by this agreement, terminate it then and there on October 9, 1871, before this check for sixty thousand dollars was given, or did he not?  Did Mr. Frank A. Cowperwood then and there, knowing that he was no longer an agent of the city treasurer and the city, and knowing also that he was insolvent (having, as Mr. Stener contends, admitted to him that he was so), and having no intention of placing the certificates which he subsequently declared he had purchased in the sinking-fund, go out into Mr. Stener’s general office, meet his secretary, tell him he had purchased sixty thousand dollars’ worth of city loan, ask for the check, get it, put it in his pocket, walk off, and never make any return of any kind in any manner, shape, or form to the city, and then, subsequently, twenty-four hours later, fail, owing this and five hundred thousand dollars more to the city treasury, or did he not?  What are the facts in this case?  What have the witnesses testified to?  What has George W. Stener testified to, Albert Stires, President Davison, Mr. Cowperwood himself?  What are the interesting, subtle facts in this case, anyhow?  Gentlemen, you have a very curious problem to decide.”

He paused and gazed at the jury, adjusting his sleeves as he did so, and looking as though he knew for certain that he was on the trail of a slippery, elusive criminal who was in a fair way to foist himself upon an honorable and decent community and an honorable and innocent jury as an honest man.

Then he continued: 

“Now, gentlemen, what are the facts?  You can see for yourselves exactly how this whole situation has come about.  You are sensible men.  I don’t need to tell you.  Here are two men, one elected treasurer of the city of Philadelphia, sworn to guard the interests of the city and to manipulate its finances to the best advantage, and the other called in at a time of uncertain financial cogitation to assist in unraveling a possibly difficult financial problem; and then you have a case of a quiet, private financial understanding being reached, and of subsequent illegal dealings in which one man who is shrewder, wiser, more versed in the subtle ways of Third Street leads the other along over seemingly charming paths of fortunate investment into an accidental but none the less criminal mire of failure and exposure and public calumny and what not.  And then they get to the place where the more vulnerable individual of the two—­the man in the most dangerous position, the city treasurer of Philadelphia, no less—­can no longer reasonably or, let us say, courageously, follow the other fellow; and then you have such a spectacle as was described here this afternoon in the witness-chair by Mr. Stener—­that is, you have a vicious, greedy, unmerciful financial wolf standing over a cowering, unsophisticated commercial lamb, and saying to him, his white, shiny teeth glittering