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would, or had--it was almost impossible to say just how it was. Frank
was too busy to explain. The Chicago fire was to blame. There was no
mention as yet of the city treasurership. Frank was caught in a trap,
and was fighting for his life.
In this crisis, for the moment, she forgot about the note as to his
infidelity, or rather ignored it. She was astonished, frightened,
dumbfounded, confused. Her little, placid, beautiful world was going
around in a dizzy ring. The charming, ornate ship of their fortune was
being blown most ruthlessly here and there. She felt it a sort of duty
to stay in bed and try to sleep; but her eyes were quite wide, and her
brain hurt her. Hours before Frank had insisted that she should not
bother about him, that she could do nothing; and she had left him,
wondering more than ever what and where was the line of her duty. To
stick by her husband, convention told her; and so she decided. Yes,
religion dictated that, also custom. There were the children. They must
not be injured. Frank must be reclaimed, if possible. He would get over
this. But what a blow!
Chapter XXXI
The suspension of the banking house of Frank A. Cowperwood & Co.
created a great stir on 'change and in Philadelphia generally. It was so
unexpected, and the amount involved was comparatively so large. Actually
he failed for one million two hundred and fifty thousand dollars;
and his assets, under the depressed condition of stock values, barely
totaled seven hundred and fifty thousand dollars. There had been
considerable work done on the matter of his balance-sheet before it
was finally given to the public; but when it was, stocks dropped an
additional three points generally, and the papers the next day devoted
notable headlines to it. Cowperwood had no idea of failing permanently;
he merely wished to suspend temporarily, and later, if possible, to
persuade his creditors to allow him to resume. There were only two
things which stood in the way of this: the matter of the five hundred
thousand dollars borrowed from the city treasury at a ridiculously low
rate of interest, which showed plainer than words what had been going
on, and the other, the matter of the sixty-thousand-dollar check. His
financial wit had told him there were ways to assign his holdings in
favor of his largest creditors, which would tend to help him later to
resume; and he had been swift to act. Indeed, Harper Steger had drawn up
documents which named Jay Cooke & Co., Edward Clark & Co., Drexel & Co.,
and others as preferred. He knew that even though dissatisfied holders
of smaller shares in his company brought suit and compelled readjustment
or bankruptcy later, the intention shown to prefer some of his most
influential aids was important. They would like it, and might help him
later when all this was over. Besides, suits in plenty are an excellent
way of tiding over a crisis of this kind until stocks and common sense
are restored, and he was for many suits. Harper Steger smiled once
rather grimly, even in the whirl of the financial chaos where smiles
were few, as they were figuring it out.
"Frank," he said, "you're a wonder. You'll have a network of suits
spread here shortly, which no one can break through. They'll all be
suing each other."
Cowperwood smiled.
"I only want a little time, that's all," he replied. Nevertheless,
for the first time in his life he was a little depressed; for now this
business, to which he had devoted years of active work and thought, was
ended.
The thing that was troubling him most in all of this was not the five
hundred thousand dollars which was owing the city treasury, and which
he knew would stir political and social life to the center once it
was generally known--that was a legal or semi-legal transaction, at
least--but rather the matter of the sixty thousand dollars' worth of
unrestored city loan certificates which he had not been able to replace
in the sinking-fund and could not now even though the necessary money
should fall from heaven. The fact of their absence was a matter of
source. He pondered over the situation a good deal. The thing to do, he
thought, if he went to Mollenhauer or Simpson, or both (he had never
met either of them, but in view of Butler's desertion they were his only
recourse), was to say that, although he could not at present return the
five hundred thousand dollars, if no action were taken against him now,
which would prevent his resuming his business on a normal scale a little
later, he would pledge his word that every dollar of the involved five
hundred thousand dollars would eventually be returned to the treasury.
If they refused, and injury was done him, he proposed to let them wait
until he was "good and ready," which in all probability would be never.
But, really, it was not quite clear how action against him was to be
prevented--even by them. The money was down on his books as owing the
city treasury, and it was down on the city treasury's books as owing
from him. Besides, there was a local organization known as the Citizens'
Municipal Reform Association which occasionally conducted investigations
in connection with public affairs. His defalcation would be sure to come
to the ears of this body and a public investigation might well follow.
Various private individuals knew of it already. His creditors, for
instance, who were now examining his books.
This matter of seeing Mollenhauer or Simpson, or both, was important,
anyhow, he thought; but before doing so he decided to talk it all over
with Harper Steger. So several days after he had closed his doors, he
sent for Steger and told him all about the transaction, except that he
did not make it clear that he had not intended to put the certificates
in the sinking-fund unless he survived quite comfortably.
Harper Steger was a tall, thin, graceful, rather elegant man, of gentle
voice and perfect manners, who walked always as though he were a cat,
and a dog were prowling somewhere in the offing. He had a longish, thin
face of a type that is rather attractive to women. His eyes were blue,
his hair brown, with a suggestion of sandy red in it. He had a steady,
inscrutable gaze which sometimes came to you over a thin, delicate hand,
which he laid meditatively over his mouth. He was cruel to the limit
of the word, not aggressively but indifferently; for he had no faith in
anything. He was not poor. He had not even been born poor. He was just
innately subtle, with the rather constructive thought, which was about
the only thing that compelled him to work, that he ought to be richer
than he was--more conspicuous. Cowperwood was an excellent avenue toward
legal prosperity. Besides, he was a fascinating customer. Of all his
clients, Steger admired Cowperwood most.
"Let them proceed against you," he said on this occasion, his brilliant
legal mind taking in all the phases of the situation at once. "I don't
see that there is anything more here than a technical charge. If it
ever came to anything like that, which I don't think it will, the charge
would be embezzlement or perhaps larceny as bailee. In this instance,
you were the bailee. And the only way out of that would be to swear that
you had received the check with Stener's knowledge and consent. Then it
would only be a technical charge of irresponsibility on your part, as I
see it, and I don't believe any jury would convict you on the evidence
of how this relationship was conducted. Still, it might; you never can
tell what a jury is going to do. All this would have to come out at a
trial, however. The whole thing, it seems to me, would depend on which
of you two--yourself or Stener--the jury would be inclined to believe,
and on how anxious this city crowd is to find a scapegoat for Stener.
This coming election is the rub. If this panic had come at any other
time--"
Cowperwood waved for silence. He knew all about that. "It all depends
on what the politicians decide to do. I'm doubtful. The situation is too
complicated. It can't be hushed up." They were in his private office at
his house. "What will be will be," he added.
"What would that mean, Harper, legally, if I were tried on a charge of
larceny as bailee, as you put it, and convicted? How many years in the
penitentiary at the outside?"
Steger thought a minute, rubbing his chin with his hand. "Let me see,"
he said, "that is a serious question, isn't it? The law says one to
five years at the outside; but the sentences usually average from one to
three years in embezzlement cases. Of course, in this case--"
"I know all about that," interrupted Cowperwood, irritably. "My case
isn't any different from the others, and you know it. Embezzlement
is embezzlement if the politicians want to have it so." He fell to
thinking, and Steger got up and strolled about leisurely. He was
thinking also.
"And would I have to go to jail at any time during the
proceedings--before a final adjustment of the case by the higher
courts?" Cowperwood added, directly, grimly, after a time.
"Yes, there is one point in all legal procedure of the kind," replied
Steger, cautiously, now rubbing his ear and trying to put the matter as
delicately as possible. "You can avoid jail sentences all through
the earlier parts of a case like this; but if you are once tried and
convicted it's pretty hard to do anything--as a matter of fact, it
becomes absolutely necessary then to go to jail for a few days, five
or so, pending the motion for a new trial and the obtaining of a
certificate of reasonable doubt. It usually takes that long."
The young banker sat there staring out of the window, and Steger
observed, "It is a bit complicated, isn't it?"
"Well, I should say so," returned Frank, and he added to himself:
"Jail! Five days in prison!" That would be a terrific slap, all things
considered. Five days in jail pending the obtaining of a certificate of
reasonable doubt, if one could be obtained! He must avoid this! Jail!
The penitentiary! His commercial reputation would never survive that.
Chapter XXXII
The necessity of a final conference between Butler, Mollenhauer, and
Simpson was speedily reached, for this situation was hourly growing more
serious. Rumors were floating about in Third Street that in addition to
having failed for so large an amount as to have further unsettled
the already panicky financial situation induced by the Chicago fire,
Cowperwood and Stener, or Stener working with Cowperwood, or the other
way round, had involved the city treasury to the extent of five hundred
thousand dollars. And the question was how was the matter to be kept
quiet until after election, which was still three weeks away. Bankers
and brokers were communicating odd rumors to each other about a check
that had been taken from the city treasury after Cowperwood knew he was
to fail, and without Stener's consent. Also that there was danger
that it would come to the ears of that very uncomfortable political
organization known as the Citizens' Municipal Reform Association,
of which a well-known iron-manufacturer of great probity and moral
rectitude, one Skelton C. Wheat, was president. Wheat had for years been
following on the trail of the dominant Republican administration in a
vain attempt to bring it to a sense of some of its political iniquities.
He was a serious and austere man---one of those solemn, self-righteous
souls who see life through a peculiar veil of duty, and who, undisturbed
by notable animal passions of any kind, go their way of upholding the
theory of the Ten Commandments over the order of things as they are.
The committee in question had originally been organized to protest
against some abuses in the tax department; but since then, from election
to election, it had been drifting from one subject to another, finding
an occasional evidence of its worthwhileness in some newspaper comment
and the frightened reformation of some minor political official who
ended, usually, by taking refuge behind the skirts of some higher
political power--in the last reaches, Messrs. Butler, Mollenhauer, and
Simpson. Just now it was without important fuel or ammunition; and this
assignment of Cowperwood, with its attendant crime, so far as the city
treasury was concerned, threatened, as some politicians and bankers saw
it, to give it just the club it was looking for.
However, the decisive conference took place between Cowperwood and the
reigning political powers some five days after Cowperwood's failure, at
the home of Senator Simpson, which was located in Rittenhouse Square--a
region central for the older order of wealth in Philadelphia. Simpson
was a man of no little refinement artistically, of Quaker extraction,
and of great wealth-breeding judgment which he used largely to satisfy
his craving for political predominance. He was most liberal where money
would bring him a powerful or necessary political adherent. He fairly
showered offices--commissionerships, trusteeships, judgeships, political
nominations, and executive positions generally--on those who did his
bidding faithfully and without question. Compared with Butler and
Mollenhauer he was more powerful than either, for he represented the
State and the nation. When the political authorities who were trying
to swing a national election were anxious to discover what the State of
Pennsylvania would do, so far as the Republican party was concerned, it
was to Senator Simpson that they appealed. In the literal sense of
the word, he knew. The Senator had long since graduated from State to
national politics, and was an interesting figure in the United States
Senate at Washington, where his voice in all the conservative and
moneyed councils of the nation was of great weight.
The house that he occupied, of Venetian design, and four stories in
height, bore many architectural marks of distinction, such as the
floriated window, the door with the semipointed arch, and medallions
of colored marble set in the walls. The Senator was a great admirer of
Venice. He had been there often, as he had to Athens and Rome, and had
brought back many artistic objects representative of the civilizations
and refinements of older days. He was fond, for one thing, of the stern,
sculptured heads of the Roman emperors, and the fragments of gods and
goddesses which are the best testimony of the artistic aspirations of
Greece. In the entresol of this house was one of his finest treasures--a
carved and floriated base bearing a tapering monolith some four feet
high, crowned by the head of a peculiarly goatish Pan, by the side of
which were the problematic remains of a lovely nude nymph--just the
little feet broken off at the ankles. The base on which the feet of
the nymph and the monolith stood was ornamented with carved ox-skulls
intertwined with roses. In his reception hall were replicas of Caligula,
Nero, and other Roman emperors; and on his stair-walls reliefs of
dancing nymphs in procession, and priests bearing offerings of sheep and
swine to the sacrificial altars. There was a clock in some corner of the
house which chimed the quarter, the half, the three-quarters, and the
hour in strange, euphonious, and pathetic notes. On the walls of the
rooms were tapestries of Flemish origin, and in the reception-hall, the
library, the living-room, and the drawing-room, richly carved furniture
after the standards of the Italian Renaissance. The Senator's taste in
the matter of paintings was inadequate, and he mistrusted it; but such
as he had were of distinguished origin and authentic. He cared more for
his curio-cases filled with smaller imported bronzes, Venetian glass,
and Chinese jade. He was not a collector of these in any notable
sense--merely a lover of a few choice examples. Handsome tiger and
leopard skin rugs, the fur of a musk-ox for his divan, and tanned
and brown-stained goat and kid skins for his tables, gave a sense
of elegance and reserved profusion. In addition the Senator had a
dining-room done after the Jacobean idea of artistic excellence, and
a wine-cellar which the best of the local vintners looked after with
extreme care. He was a man who loved to entertain lavishly; and when his
residence was thrown open for a dinner, a reception, or a ball, the best
of local society was to be found there.
The conference was in the Senator's library, and he received his
colleagues with the genial air of one who has much to gain and little
to lose. There were whiskies, wines, cigars on the table, and while
Mollenhauer and Simpson exchanged the commonplaces of the day awaiting
the arrival of Butler, they lighted cigars and kept their inmost
thoughts to themselves.
It so happened that upon the previous afternoon Butler had
learned from Mr. David Pettie, the district attorney, of the
sixty-thousand-dollar-check transaction. At the same time the matter
had been brought to Mollenhauer's attention by Stener himself. It was
Mollenhauer, not Butler who saw that by taking advantage of Cowperwood's
situation, he might save the local party from blame, and at the same
time most likely fleece Cowperwood out of his street-railway shares
without letting Butler or Simpson know anything about it. The thing to
do was to terrorize him with a private threat of prosecution.
Butler was not long in arriving, and apologized for the delay.
Concealing his recent grief behind as jaunty an air as possible, he
began with:
"It's a lively life I'm leadin', what with every bank in the city
wantin' to know how their loans are goin' to be taken care of." He took
a cigar and struck a match.
"It does look a little threatening," said Senator Simpson, smiling. "Sit
down. I have just been talking with Avery Stone, of Jay Cooke & Company,
and he tells me that the talk in Third Street about Stener's connection
with this Cowperwood failure is growing very strong, and that the
newspapers are bound to take up the matter shortly, unless something is
done about it. I am sure that the news will also reach Mr. Wheat, of
the Citizens' Reform Association, very shortly. We ought to decide now,
gentlemen, what we propose to do. One thing, I am sure, is to eliminate
Stener from the ticket as quietly as possible. This really looks to me
as if it might become a very serious issue, and we ought to be doing
what we can now to offset its effect later."
Mollenhauer pulled a long breath through his cigar, and blew it out in
a rolling steel-blue cloud. He studied the tapestry on the opposite wall
but said nothing.
"There is one thing sure," continued Senator Simpson, after a time,
seeing that no one else spoke, "and that is, if we do not begin a
prosecution on our own account within a reasonable time, some one else
is apt to; and that would put rather a bad face on the matter. My own
opinion would be that we wait until it is very plain that prosecution is
going to be undertaken by some one else--possibly the Municipal Reform
Association--but that we stand ready to step in and act in such a way
as to make it look as though we had been planning to do it all the time.
The thing to do is to gain time; and so I would suggest that it be
made as difficult as possible to get at the treasurer's books.
An investigation there, if it begins at all--as I think is very
likely--should be very slow in producing the facts."
The Senator was not at all for mincing words with his important
confreres, when it came to vital issues. He preferred, in his
grandiloquent way, to call a spade a spade.
"Now that sounds like very good sense to me," said Butler, sinking a
little lower in his chair for comfort's sake, and concealing his
true mood in regard to all this. "The boys could easily make that
investigation last three weeks, I should think. They're slow enough with
everything else, if me memory doesn't fail me." At the same time he was
cogitating as to how to inject the personality of Cowperwood and his
speedy prosecution without appearing to be neglecting the general
welfare of the local party too much.
"Yes, that isn't a bad idea," said Mollenhauer, solemnly, blowing a ring
of smoke, and thinking how to keep Cowperwood's especial offense from
coming up at this conference and until after he had seen him.
"We ought to map out our program very carefully," continued Senator
Simpson, "so that if we are compelled to act we can do so very quickly.
I believe myself that this thing is certain to come to an issue within
a week, if not sooner, and we have no time to lose. If my advice were
followed now, I should have the mayor write the treasurer a letter
asking for information, and the treasurer write the mayor his answer,
and also have the mayor, with the authority of the common council,
suspend the treasurer for the time being--I think we have the authority
to do that--or, at least, take over his principal duties but without for
the time being, anyhow, making any of these transactions public--until
we have to, of course. We ought to be ready with these letters to show
to the newspapers at once, in case this action is forced upon us."
"I could have those letters prepared, if you gentlemen have no
objection," put in Mollenhauer, quietly, but quickly.
"Well, that strikes me as sinsible," said Butler, easily. "It's about
the only thing we can do under the circumstances, unless we could find
some one else to blame it on, and I have a suggestion to make in that
direction. Maybe we're not as helpless as we might be, all things
considered."
There was a slight gleam of triumph in his eye as he said this, at
the same time that there was a slight shadow of disappointment in
Mollenhauer's. So Butler knew, and probably Simpson, too.
"Just what do you mean?" asked the Senator, looking at Butler
interestedly. He knew nothing of the sixty-thousand-dollar check
transaction. He had not followed the local treasury dealings very
closely, nor had he talked to either of his confreres since the original
conference between them. "There haven't been any outside parties mixed
up with this, have there?" His own shrewd, political mind was working.
"No-o. I wouldn't call him an outside party, exactly, Senator," went
on Butler suavely. "It's Cowperwood himself I'm thinkin' of. There's
somethin' that has come up since I saw you gentlemen last that makes me
think that perhaps that young man isn't as innocent as he might be. It
looks to me as though he was the ringleader in this business, as though
he had been leadin' Stener on against his will. I've been lookin' into
the matter on me own account, and as far as I can make out this man
Stener isn't as much to blame as I thought. From all I can learn,
Cowperwood's been threatenin' Stener with one thing and another if he
didn't give him more money, and only the other day he got a big sum
on false pretinses, which might make him equally guilty with Stener.
There's sixty-thousand dollars of city loan certificates that has been
paid for that aren't in the sinking-fund. And since the reputation of
the party's in danger this fall, I don't see that we need to have any
particular consideration for him." He paused, strong in the conviction
that he had sent a most dangerous arrow flying in the direction of
Cowperwood, as indeed he had. Yet at this moment, both the Senator and
Mollenhauer were not a little surprised, seeing at their last meeting
he had appeared rather friendly to the young banker, and this recent
discovery seemed scarcely any occasion for a vicious attitude on his
part. Mollenhauer in particular was surprised, for he had been looking
on Butler's friendship for Cowperwood as a possible stumbling block.
"Um-m, you don't tell me," observed Senator Simpson, thoughtfully,
stroking his mouth with his pale hand.
"Yes, I can confirm that," said Mollenhauer, quietly, seeing his own
little private plan of browbeating Cowperwood out of his street-railway
shares going glimmering. "I had a talk with Stener the other day about
this very matter, and he told me that Cowperwood had been trying to
force him to give him three hundred thousand dollars more, and that
when he refused Cowperwood managed to get sixty thousand dollars further
without his knowledge or consent."
"How could he do that?" asked Senator Simpson, incredulously.
Mollenhauer explained the transaction.
"Oh," said the Senator, when Mollenhauer had finished, "that indicates
a rather sharp person, doesn't it? And the certificates are not in the
sinking-fund, eh?"
"They're not," chimed in Butler, with considerable enthusiasm.
"Well, I must say," said Simpson, rather relieved in his manner, "this
looks like a rather good thing than not to me. A scapegoat possibly. We
need something like this. I see no reason under the circumstances for
trying to protect Mr. Cowperwood. We might as well try to make a point
of that, if we have to. The newspapers might just as well talk loud
about that as anything else. They are bound to talk; and if we give them
the right angle, I think that the election might well come and go before
the matter could be reasonably cleared up, even though Mr. Wheat does
interfere. I will be glad to undertake to see what can be done with the
papers."
"Well, that bein' the case," said Butler, "I don't see that there's
so much more we can do now; but I do think it will be a mistake if
Cowperwood isn't punished with the other one. He's equally guilty
with Stener, if not more so, and I for one want to see him get what he
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