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time at home in his bathtub。 Mr。 Abner Sengstack wrote that also； and had Mr。 Stener sign it。 And Mr。 Mollenhauer's comment on that； before it was sent； was that he thought it was 〃all right。〃 It was a time when all the little rats and mice were scurrying to cover because of the presence of a great； fiery…eyed public cat somewhere in the dark； and only the older and wiser rats were able to act。
Indeed； at this very time and for some days past now； Messrs。 Mollenhauer； Butler； and Simpson were； and had been； considering with Mr。 Pettie； the district attorney； just what could be done about Cowperwood； if anything； and in order to further emphasize the blame in that direction； and just what defense； if any； could be made for Stener。 Butler； of course； was strong for Cowperwood's prosecution。 Pettie did not see that any defense could be made for Stener； since various records of street…car stocks purchased for him were spread upon Cowperwood's books； but for Cowperwood 〃Let me see；〃 he said。 They were speculating； first of all； as to whether it might not be good policy to arrest Cowperwood； and if necessary try him； since his mere arrest would seem to the general public； at least； positive proof of his greater guilt； to say nothing of the virtuous indignation of the administration； and in consequence might tend to divert attention from the evil nature of the party until after election。
So finally； on the afternoon of October 26； 1871； Edward Strobik； president of the common council of Philadelphia； appeared before the mayor； as finally ordered by Mollenhauer； and charged by affidavit that Frank A。 Cowperwood； as broker； employed by the treasurer to sell the bonds of the city； had committed embezzlement and larceny as bailee。 It did not matter that he charged George W。 Stener with embezzlement at the same time。 Cowperwood was the scapegoat they were after。
Chapter XXXIV
The contrasting pictures presented by Cowperwood and Stener at this time are well worth a moment's consideration。 Stener's face was grayish…white； his lips blue。 Cowperwood； despite various solemn thoughts concerning a possible period of incarceration which this hue and cry now suggested； and what that meant to his parents； his wife and children； his business associates； and his friends； was as calm and collected as one might assume his great mental resources would permit him to be。 During all this whirl of disaster he had never once lost his head or his courage。 That thing conscience； which obsesses and rides some people to destruction； did not trouble him at all。 He had no consciousness of what is currently known as sin。 There were just two faces to the shield of life from the point of view of his peculiar mind…strength and weakness。 Right and wrong？ He did not know about those。 They were bound up in metaphysical abstrusities about which he did not care to bother。 Good and evil？ Those were toys of clerics； by which they made money。 And as for social favor or social ostracism which； on occasion； so quickly followed upon the heels of disaster of any kind； well； what was social ostracism？ Had either he or his parents been of the best society as yet？ And since not； and despite this present mix…up； might not the future hold social restoration and position for him？ It might。 Morality and immorality？ He never considered them。 But strength and weaknessoh； yes！ If you had strength you could protect yourself always and be something。 If you were weakpass quickly to the rear and get out of the range of the guns。 He was strong； and he knew it； and somehow he always believed in his star。 Somethinghe could not say whatit was the only metaphysics he bothered aboutwas doing something for him。 It had always helped him。 It made things come out right at times。 It put excellent opportunities in his way。 Why had he been given so fine a mind？ Why always favored financially； personally？ He had not deserved itearned it。 Accident； perhaps； but somehow the thought that he would always be protectedthese intuitions； the 〃hunches〃 to act which he frequently hadcould not be so easily explained。 Life was a dark； insoluble mystery； but whatever it was； strength and weakness were its two constituents。 Strength would winweakness lose。 He must rely on swiftness of thought； accuracy； his judgment； and on nothing else。 He was really a brilliant picture of courage and energymoving about briskly in a jaunty； dapper way； his mustaches curled； his clothes pressed； his nails manicured； his face clean…shaven and tinted with health。
In the meantime； Cowperwood had gone personally to Skelton C。 Wheat and tried to explain his side of the situation； alleging that he had done no differently from many others before him； but Wheat was dubious。 He did not see how it was that the sixty thousand dollars' worth of certificates were not in the sinking…fund。 Cowperwood's explanation of custom did not avail。 Nevertheless； Mr。 Wheat saw that others in politics had been profiting quite as much as Cowperwood in other ways and he advised Cowperwood to turn state's evidence。 This； however； he promptly refused to dohe was no 〃squealer；〃 and indicated as much to Mr。 Wheat； who only smiled wryly。
Butler； Sr。； was delighted （concerned though he was about party success at the polls）； for now he had this villain in the toils and he would have a fine time getting out of this。 The incoming district attorney to succeed David Pettie if the Republican party won would be； as was now planned； an appointee of Butler'sa young Irishman who had done considerable legal work for himone Dennis Shannon。 The other two party leaders had already promised Butler that。 Shannon was a smart； athletic； good…looking fellow； all of five feet ten inches in height； sandy…haired； pink…cheeked； blue…eyed； considerable of an orator and a fine legal fighter。 He was very proud to be in the old man's favorto be promised a place on the ticket by himand would； he said； if elected； do his bidding to the best of his knowledge and ability。
There was only one fly in the ointment； so far as some of the politicians were concerned； and that was that if Cowperwood were convicted； Stener must needs be also。 There was no escape in so far as any one could see for the city treasurer。 If Cowperwood was guilty of securing by trickery sixty thousand dollars' worth of the city money； Stener was guilty of securing five hundred thousand dollars。 The prison term for this was five years。 He might plead not guilty； and by submitting as evidence that what he did was due to custom save himself from the odious necessity of pleading guilty； but he would be convicted nevertheless。 No jury could get by the fact in regard to him。 In spite of public opinion； when it came to a trial there might be considerable doubt in Cowperwood's case。 There was none in Stener's。
The practical manner in which the situation was furthered； after Cowperwood and Stener were formally charged may be quickly noted。 Steger； Cowperwood's lawyer； learned privately beforehand that Cowperwood was to be prosecuted。 He arranged at once to have his client appear before any warrant could be served； and to forestall the newspaper palaver which would follow it if he had to be searched for。
The mayor issued a warrant for Cowperwood's arrest； and； in accordance with Steger's plan； Cowperwood immediately appeared before Borchardt in company with his lawyer and gave bail in twenty thousand dollars （W。 C。 Davison； president of the Girard National Bank； being his surety）； for his appearance at the central police station on the following Saturday for a hearing。 Marcus Oldslaw； a lawyer； had been employed by Strobik as president of the common council； to represent him in prosecuting the case for the city。 The mayor looked at Cowperwood curiously； for he； being comparatively new to the political world of Philadelphia； was not so familiar with him as others were； and Cowperwood returned the look pleasantly enough。
〃This is a great dumb show； Mr。 Mayor；〃 he observed once to Borchardt； quietly； and the latter replied； with a smile and a kindly eye； that as far as he was concerned； it was a form of procedure which was absolutely unavoidable at this time。
〃You know how it is； Mr。 Cowperwood；〃 he observed。 The latter smiled。 〃I do； indeed；〃 he said。
Later there followed several more or less perfunctory appearances in a local police court； known as the Central Court； where when arraigned he pleaded not guilty； and finally his appearance before the November grand jury； where； owing to the complicated nature of the charge drawn up against him by Pettie； he thought it wise to appear。 He was properly indicted by the latter body （Shannon； the newly elected district attorney； making a demonstration in force）； and his trial ordered for December 5th before a certain Judge Payderson in Part I of Quarter Sessions； which was the local branch of the State courts dealing with crimes of this character。 His indictment did not occur； however； before the coming and going of the much…mooted fall election； which resulted； thanks to the clever political manipulations of Mollenhauer and Simpson （ballot…box stuffing and personal violence at the polls not barred）； in another vict