Stener； sending Albert to demand the return of the check； was refused； though the next day at five o'clock in the afternoon Cowperwood made an assignment。 And the certificates for which the check had been purloined were not in the sinking…fund as they should have been。 This was dark testimony for Cowperwood。
If any one imagines that all this was done without many vehement objections and exceptions made and taken by Steger； and subsequently when he was cross…examining Stener； by Shannon； he errs greatly。 At times the chamber was coruscating with these two gentlemen's bitter wrangles； and his honor was compelled to hammer his desk with his gavel； and to threaten both with contempt of court； in order to bring them to a sense of order。 Indeed while Payderson was highly incensed； the jury was amused and interested。
〃You gentlemen will have to stop this； or I tell you now that you will both be heavily fined。 This is a court of law； not a bar…room。 Mr。 Steger； I expect you to apologize to me and your colleague at once。 Mr。 Shannon； I must ask that you use less aggressive methods。 Your manner is offensive to me。 It is not becoming to a court of law。 I will not caution either of you again。〃
Both lawyers apologized as lawyers do on such occasions； but it really made but little difference。 Their individual attitudes and moods continued about as before。
〃What did he say to you；〃 asked Shannon of Stener； after one of these troublesome interruptions； 〃on that occasion； October 9th last； when he came to you and demanded the loan of an additional three hundred thousand dollars？ Give his words as near as you can rememberexactly； if possible。〃
〃Object！〃 interposed Steger； vigorously。 〃His exact words are not recorded anywhere except in Mr。 Stener's memory； and his memory of them cannot be admitted in this case。 The witness has testified to the general facts。〃
Judge Payderson smiled grimly。 〃Objection overruled；〃 he returned。
〃Exception！〃 shouted Steger。
〃He said； as near as I can remember；〃 replied Stener； drumming on the arms of the witness…chair in a nervous way； 〃that if I didn't give him three hundred thousand dollars he was going to fail； and I would be poor and go to the penitentiary。〃
〃Object！〃 shouted Stager； leaping to his feet。 〃Your honor； I object to the whole manner in which this examination is being conducted by the prosecution。 The evidence which the district attorney is here trying to extract from the uncertain memory of the witness is in defiance of all law and precedent； and has no definite bearing on the facts of the case； and could not disprove or substantiate whether Mr。 Cowperwood thought or did not think that he was going to fail。 Mr。 Stener might give one version of this conversation or any conversation that took place at this time； and Mr。 Cowperwood another。 As a matter of fact； their versions are different。 I see no point in Mr。 Shannon's line of inquiry； unless it is to prejudice the jury's minds towards accepting certain allegations which the prosecution is pleased to make and which it cannot possibly substantiate。 I think you ought to caution the witness to testify only in regard to things that he recalls exactly； not to what he thinks he remembers； and for my part I think that all that has been testified to in the last five minutes might be well stricken out。〃
〃Objection overruled；〃 replied Judge Payderson； rather indifferently； and Steger who had been talking merely to overcome the weight of Stener's testimony in the minds of the jury； sat down。
Shannon once more approached Stener。
〃Now； as near as you can remember； Mr。 Stener； I wish you would tell the jury what else it was that Mr。 Cowperwood said on that occasion。 He certainly didn't stop with the remark that you would be ruined and go to the penitentiary。 Wasn't there other language that was employed on that occasion？〃
〃He said； as far as I can remember；〃 replied Stener； 〃that there were a lot of political schemers who were trying to frighten me； that if I didn't give him three hundred thousand dollars we would both be ruined； and that I might as well be tried for stealing a sheep as a lamb。〃
〃Ha！〃 yelled Shannon。 〃He said that； did he？〃
〃Yes； sir； he did；〃 said Stener。
〃How did he say it； exactly？ What were his exact words？〃 Shannon demanded； emphatically； pointing a forceful forefinger at Stener in order to key him up to a clear memory of what had transpired。
〃Well； as near as I can remember； he said just that；〃 replied Stener； vaguely。 〃You might as well be tried for stealing a sheep as a lamb。〃
〃Exactly！〃 exclaimed Shannon； whirling around past the jury to look at Cowperwood。 〃I thought so。〃
〃Pure pyrotechnics； your honor；〃 said Steger； rising to his feet on the instant。 〃All intended to prejudice the minds of the jury。 Acting。 I wish you would caution the counsel for the prosecution to confine himself to the evidence in hand； and not act for the benefit of his case。〃
The spectators smiled； and Judge Payderson； noting it； frowned severely。 〃Do you make that as an objection； Mr。 Steger？〃 he asked。
〃I certainly do； your honor；〃 insisted Steger； resourcefully。
〃Objection overruled。 Neither counsel for the prosecution nor for the defense is limited to a peculiar routine of expression。〃
Steger himself was ready to smile； but he did not dare to。
Cowperwood fearing the force of such testimony and regretting it； still looked at Stener； pityingly。 The feebleness of the man； the weakness of the man； the pass to which his cowardice had brought them both！
When Shannon was through bringing out this unsatisfactory data； Steger took Stener in hand； but he could not make as much out of him as he hoped。 In so far as this particular situation was concerned； Stener was telling the exact truth； and it is hard to weaken the effect of the exact truth by any subtlety of interpretation； though it can； sometimes； be done。 With painstaking care Steger went over all the ground of Stener's long relationship with Cowperwood； and tried to make it appear that Cowperwood was invariably the disinterested agentnot the ringleader in a subtle； really criminal adventure。 It was hard to do； but he made a fine impression。 Still the jury listened with skeptical minds。 It might not be fair to punish Cowperwood for seizing with avidity upon a splendid chance to get rich quick； they thought； but it certainly was not worth while to throw a veil of innocence over such palpable human cupidity。 Finally； both lawyers were through with Stener for the time being； anyhow； and then Albert Stires was called to the stand。
He was the same thin； pleasant； alert； rather agreeable soul that he had been in the heyday of his clerkly prosperitya little paler now； but not otherwise changed。 His small property had been saved for him by Cowperwood； who had advised Steger to inform the Municipal Reform Association that Stires' bondsmen were attempting to sequestrate it for their own benefit； when actually it should go to the city if there were any real claim against himwhich there was not。 That watchful organization had issued one of its numerous reports covering this point； and Albert had had the pleasure of seeing Strobik and the others withdraw in haste。 Naturally he was grateful to Cowperwood； even though once he had been compelled to cry in vain in his presence。 He was anxious now to do anything he could to help the banker； but his naturally truthful disposition prevented him from telling anything except the plain facts； which were partly beneficial and partly not。
Stires testified that he recalled Cowperwood's saying that he had purchased the certificates； that he was entitled to the money； that Stener was unduly frightened； and that no harm would come to him； Albert。 He identified certain memoranda in the city treasurer's books； which were produced； as being accurate； and others in Cowperwood's books； which were also produced； as being corroborative。 His testimony as to Stener's astonishment on discovering that his chief clerk had given Cowperwood a check was against the latter； but Cowperwood hoped to overcome the effect of this by his own testimony later。
Up to now both Steger and Cowperwood felt that they were doing fairly well； and that they need not be surprised if they won their case。
Chapter XLII
The trial moved on。 One witness for the prosecution after another followed until the State had built up an arraignment that satisfied Shannon that he had established Cowperwood's guilt； whereupon he announced that he rested。 Steger at once arose and began a long argument for the dismissal of the case on the ground that there was no evidence to show this； that and the other； but Judge Payderson would have none of it。 He knew how important the matter was in the local political world。
〃I don't think you had better go into all that now； Mr。 Steger；〃 he said； wearily； after allowing him to proceed a reasonable distance。 〃I am familiar with the custom of the city； and the indictment as here made does not concern the custom of the city。 Your argument is with the jury； not with me。 I couldn't enter into that now。 You may renew your motion at the close of the defendants' case。 Motion