When it came to Cowperwood's turn to be called, his honor himself stiffened and straightened up, for this was a different type of man and could not be handled in the usual manner. He knew exactly what he was going to say. When one of Mollenhauer's agents, a close friend of Butler's, had suggested that five years for both Cowperwood and Stener would be about right, he knew exactly what to do. "Frank Algernon Cowperwood," called the clerk.
Cowperwood stepped briskly forward, sorry for himself, ashamed of his position in a way, but showing it neither in look nor manner.
Payderson eyed him as he had the others.
"Name?" asked the bailiff, for the benefit of the court stenographer.
"Frank Algernon Cowperwood."
"Residence?"
"1937 Girard Avenue."
"Occupation?"
"Banker and broker."
Steger stood close beside him, very dignified, very forceful, ready to make a final statement for the benefit of the court and the public when the time should come. Aileen, from her position in the crowd near the door, was for the first time in her life biting her fingers nervously and there were great beads of perspiration on her brow. Cowperwood's father was tense with excitement and his two brothers looked quickly away, doing their best to hide their fear and sorrow.
"Ever convicted before?"
"Never," replied Steger for Cowperwood, quietly.
"Frank Algernon Cowperwood," called the clerk, in his nasal, singsong way, coming forward, "have you anything to say why judgment should not now be pronounced upon you? If so, speak."
Cowperwood started to say no, but Steger put up his hand.
"If the court pleases, my client, Mr. Cowperwood, the prisoner at the bar, is neither guilty in his own estimation, nor in that of two-fifths of the Pennsylvania State Supreme Court--the court of last resort in this State," he exclaimed, loudly and clearly, so that all might hear.
One of the interested listeners and spectators at this point was Edward Malia Butler, who had just stepped in from another courtroom where he had been talking to a judge. An obsequious court attendant had warned him that Cowperwood was about to be sentenced. He had really come here this morning in order not to miss this sentence, but he cloaked his motive under the guise of another errand. He did not know that Aileen was there, nor did he see her.
"As he himself testified at the time of his trial," went on Steger, "and as the evidence clearly showed, he was never more than an agent for the gentleman whose offense was subsequently adjudicated by this court; and as an agent he still maintains, and two-fifths of the State Supreme Court agree with him, that he was strictly within his rights and privileges in not having deposited the sixty thousand dollars' worth of city loan certificates at the time, and in the manner which the people, acting through the district attorney, complained that he should have. My client is a man of rare financial ability. By the various letters which have been submitted to your honor in his behalf, you will see that he commands the respect and the sympathy of a large majority of the most forceful and eminent men in his particular world. He is a man of distinguished social standing and of notable achievements. Only the most unheralded and the unkindest thrust of fortune has brought him here before you today--a fire and its consequent panic which involved a financial property of the most thorough and stable character. In spite of the verdict of the jury and the decision of three-fifths of the State Supreme Court, I maintain that my client is not an embezzler, that he has not committed larceny, that he should never have been convicted, and that he should not now be punished for something of which he is not guilty.
"I trust that your honor will not misunderstand me or my motives when I point out in this situation that what I have said is true.
I do not wish to cast any reflection on the integrity of the court, nor of any court, nor of any of the processes of law. But I do condemn and deplore the untoward chain of events which has built up a seeming situation, not easily understood by the lay mind, and which has brought my distinguished client within the purview of the law. I think it is but fair that this should be finally and publicly stated here and now. I ask that your honor be lenient, and that if you cannot conscientiously dismiss this charge you will at least see that the facts, as I have indicated them, are given due weight in the measure of the punishment inflicted."
Steger stepped back and Judge Payderson nodded, as much as to say he had heard all the distinguished lawyer had to say, and would give it such consideration as it deserved--no more. Then he turned to Cowperwood, and, summoning all his judicial dignity to his aid, he began:
