Chapter XLVIII
By the time the State Supreme Court came to pass upon Cowperwood’s plea for a reversal of the lower court and the granting of a new trial, the rumor of his connection with Aileen had spread far and wide. As has been seen, it had done and was still doing him much damage. It confirmed the impression, which the politicians had originally tried to create, that Cowperwood was the true criminal and Stener the victim. His semi-legitimate financial subtlety, backed indeed by his financial genius, but certainly on this account not worse than that being practiced in peace and quiet and with much applause in many other quarters—was now seen to be Machiavellian trickery of the most dangerous type. He had a wife and two children; and without knowing what his real thoughts had been the fruitfully imaginative public jumped to the conclusion that he had been on the verge of deserting them, divorcing Lillian, and marrying Aileen. This was criminal enough in itself, from the conservative point of view; but when taken in connection with his financial record, his trial, conviction, and general bankruptcy situation, the public was inclined to believe that he was all the politicians said he was. He ought to be convicted. The Supreme Court ought not to grant his prayer for a new trial. It is thus that our inmost thoughts and intentions burst at times via no known material agency into public thoughts. People know, when they cannot apparently possibly know why they know. There is such a thing as thought-transference and transcendentalism of ideas.
It reached, for one thing, the ears of the five judges of the State Supreme Court and of the Governor of the State.
During the four weeks Cowperwood had been free on a certificate of reasonable doubt both Harper Steger and Dennis Shannon appeared before the judges of the State Supreme Court, and argued pro and con as to the reasonableness of granting a new trial. Through his lawyer, Cowperwood made a learned appeal to the Supreme Court judges, showing how he had been unfairly indicted in the first place, how there was no real substantial evidence on which to base a charge of larceny or anything else. It took Steger two hours and ten minutes to make his argument, and District-Attorney Shannon longer to make his reply, during which the five judges on the bench, men of considerable legal experience but no great financial understanding, listened with rapt attention. Three of them, Judges Smithson, Rainey, and Beckwith, men most amenable to the political feeling of the time and the wishes of the bosses, were little interested in this story of Cowperwood’s transaction, particularly since his relations with Butler’s daughter and Butler’s consequent opposition to him had come to them. They fancied that in a way they were considering the whole matter fairly and impartially; but the manner in which Cowperwood had treated Butler was never out of their minds. Two of them, Judges Marvin and Rafalsky, who were men of larger sympathies and understanding, but of no greater political freedom, did feel that Cowperwood had been badly used thus far, but they did not see what they could do about it. He had put himself in a most unsatisfactory position, politically and socially. They understood and took into consideration his great financial and social losses which Steger described accurately; and one of them, Judge Rafalsky, because of a similar event in his own life in so far as a girl was concerned, was inclined to argue strongly against the conviction of Cowperwood; but, owing to his political connections and obligations, he realized that it would not be wise politically to stand out against what was wanted. Still, when he and Marvin learned that Judges Smithson, Rainey, and Beckwith were inclined to convict Cowperwood without much argument, they decided to hand down a dissenting opinion. The point involved was a very knotty one. Cowperwood might carry it to the Supreme Court of the United States on some fundamental principle of liberty of action. Anyhow, other judges in other courts in Pennsylvania and elsewhere would be inclined to examine the decision in this case, it was so important. The minority decided that it would not do them any harm to hand down a dissenting opinion. The politicians would not mind as long as Cowperwood was convicted—would like it better, in fact. It looked fairer. Besides, Marvin and Rafalsky did not care to be included, if they could help it, with Smithson, Rainey, and Beckwith in a sweeping condemnation of Cowperwood. So all five judges fancied they were considering the whole matter rather fairly and impartially, as men will under such circumstances. Smithson, speaking for himself and Judges Rainey and Beckwith on the eleventh of February, 1872, said:
“The defendant, Frank A. Cowperwood, asks that the finding of the jury in the lower court (the State of Pennsylvania vs. Frank A. Cowperwood) be reversed and a new trial granted. This court cannot see that any substantial injustice has been done the defendant. [Here followed a rather lengthy resume of the history of the case, in which it was pointed out that the custom and precedent of the treasurer’s office, to say nothing of Cowperwood’s easy method of doing business with the city treasury, could have nothing to do with his responsibility for failure to observe both the spirit and the letter of the law.] The obtaining of goods under color of legal process [went on Judge Smithson, speaking for the majority] may amount to larceny. In the present case it was the province of the jury to ascertain the felonious intent. They have settled that against the defendant as a question of fact, and the court cannot say that there was not sufficient evidence to sustain the verdict. For what purpose did the defendant get the check? He was upon the eve of failure. He had already hypothecated for his own debts the loan of the city placed in his hands for sale—he had unlawfully obtained five hundred thousand dollars in cash as loans; and it is reasonable to suppose that he could obtain nothing more from the city treasury by any ordinary means. Then it is that he goes there, and, by means of a falsehood implied if not actual, obtains sixty thousand dollars more. The jury has found the intent with which this was done.”
It was in these words that Cowperwood’s appeal for a new trial was denied by the majority.
For himself and Judge Rafalsky, Judge Marvin, dissenting, wrote:
“It is plain from the evidence in the case that Mr. Cowperwood did not receive the check without authority as agent to do so, and it has not been clearly demonstrated that within his capacity as agent he did not perform or intend to perform the full measure of the obligation which the receipt of this check implied. It was shown in the trial that as a matter of policy it was understood that purchases for the sinking-fund should not be known or understood in the market or by the public in that light, and that Mr. Cowperwood as agent was to have an absolutely free hand in the disposal of his assets and liabilities so long as the ultimate result was satisfactory. There was no particular time when the loan was to be bought, nor was there any particular amount mentioned at any time to be purchased. Unless the defendant intended at the time he received the check fraudulently to appropriate it he could not be convicted even on the first count. The verdict of the jury does not establish this fact; the evidence does not show conclusively that it could be established; and the same jury, upon three other counts, found the defendant guilty without the semblance of shadow of evidence. How can we say that their conclusions upon the first count are unerring when they so palpably erred on the other counts? It is the opinion of the minority that the verdict of the jury in charging larceny on the first count is not valid, and that that verdict should be set aside and a new trial granted.”
Judge Rafalsky, a meditative and yet practical man of Jewish extraction but peculiarly American appearance, felt called upon to write a third opinion which should especially reflect his own cogitation and be a criticism on the majority as well as a slight variation from and addition to the points on which he agreed with Judge Marvin. It was a knotty question, this, of Cowperwood’s guilt, and, aside from the political necessity of convicting him, nowhere was it more clearly shown than in these varying opinions of the superior court. Judge Rafalsky held, for instance, that if a crime had been committed at all, it was not that known as larceny, and he went on to add:
“It is impossible, from the evidence, to come to the conclusion either that Cowperwood did not intend shortly to deliver the loan or that Albert Stires, the chief clerk, or the city treasurer did not intend to part not only with the possession, but also and absolutely with the property in the check and the money represented by it. It was testified by Mr. Stires that Mr. Cowperwood said he had bought certificates of city loan to this amount, and it has not been clearly demonstrated that he had not. His non-placement of the same in the sinking-fund must in all fairness, the letter of the law to the contrary notwithstanding, be looked upon and judged in the light of custom. Was it his custom so to do? In my judgment the doctrine now announced by the majority of the court extends the crime of constructive larceny to such limits that any business man who engages in extensive and perfectly legitimate stock transactions may, before he knows it, by a sudden panic in the market or a fire, as in this instance, become a felon. When a principle is asserted which establishes such a precedent, and may lead to such results, it is, to say the least, startling.”
While he was notably comforted by the dissenting opinions of the judges in minority, and while he had been schooling himself to expect the worst in this connection and had been arranging his affairs as well as he could in anticipation of it, Cowperwood was still bitterly disappointed. It would be untrue to say that, strong and self-reliant as he normally was, he did not suffer. He was not without sensibilities of the highest order, only they were governed and controlled in him by that cold iron thing, his reason, which never forsook him. There was no further appeal possible save to the United States Supreme Court, as Steger pointed out, and there only on the constitutionality of some phase of the decision and his rights as a citizen, of which the Supreme Court of the United States must take cognizance. This was a tedious and expensive thing to do. It was not exactly obvious at the moment on what point he could make an appeal. It would involve a long delay—perhaps a year and a half, perhaps longer, at the end of which period he might have to serve his prison term anyhow, and pending which he would certainly have to undergo incarceration for a time.
Cowperwood mused speculatively for a few moments after hearing Steger’s presentation of the case. Then he said: “Well, it looks as if I have to go to jail or leave the country, and I’ve decided on jail. I can fight this out right here in Philadelphia in the long run and win. I can get that decision reversed in the Supreme Court, or I can get the Governor to pardon me after a time, I think. I’m not going to run away, and everybody knows I’m not. These people who think they have me down haven’t got one corner of me whipped. I’ll get out of this thing after a while, and when I do I’ll show some of these petty little politicians what it means to put up a real fight. They’ll never get a damned dollar out of me now—not a dollar! I did intend to pay that five hundred thousand dollars some time if they had let me go. Now they can whistle!”
He set his teeth and his gray eyes fairly snapped their determination.
“Well, I’ve done all I can, Frank,” pleaded Steger, sympathetically. “You’ll do me the justice to say that I put up the best fight I knew how. I may not know how—you’ll have to answer for that—but within my limits I’ve done the best I can. I can do a few things more to carry this thing on, if you want me to, but I’m going to leave it to you now. Whatever you say goes.”
“Don’t talk nonsense at this stage, Harper,” replied Cowperwood almost testily. “I know whether I’m satisfied or not, and I’d soon tell you if I wasn’t. I think you might as well go on and see if you can find some definite grounds for carrying it to the Supreme Court, but meanwhile I’ll begin my sentence. I suppose Payderson will be naming a day to have me brought before him now shortly.”
“It depends on how you’d like to have it, Frank. I could get a stay of sentence for a week maybe, or ten days, if it will do you any good. Shannon won’t make any objection to that, I’m sure. There’s only one hitch. Jaspers will be around here tomorrow looking for you. It’s his duty to take you into custody again, once he’s notified that your appeal has been denied. He’ll be wanting to lock you up unless you pay him, but we can fix that. If you do want to wait, and want any time off, I suppose he’ll arrange to let you out with a deputy; but I’m afraid you’ll have to stay there nights. They’re pretty strict about that since that Albertson case of a few years ago.”
Steger referred to the case of a noted bank cashier who, being let out of the county jail at night in the alleged custody of a deputy, was permitted to escape. There had been emphatic and severe condemnation of the sheriff’s office at the time, and since then, repute or no repute, money or no money, convicted criminals were supposed to stay in the county jail at night at least.
Cowperwood meditated this calmly, looking out of the lawyer’s window into Second Street. He did not much fear anything that might happen to him in Jaspers’s charge since his first taste of that gentleman’s hospitality, although he did object to spending nights in the county jail when his general term of imprisonment was being reduced no whit thereby. All that he could do now in connection with his affairs, unless he could have months of freedom, could be as well adjusted from a prison cell as from his Third Street office—not quite, but nearly so. Anyhow, why parley? He was facing a prison term, and he might as well accept it without further ado. He might take a day or two finally to look after his affairs; but beyond that, why bother?
“When, in the ordinary course of events, if you did nothing at all, would I come up for sentence?”
“Oh, Friday or Monday, I fancy,” replied Steger. “I don’t know what move Shannon is planning to make in this matter. I thought I’d walk around and see him in a little while.”
“I think you’d better do that,” replied Cowperwood. “Friday or Monday will suit me, either way. I’m really not particular. Better make it Monday if you can. You don’t suppose there is any way you can induce Jaspers to keep his hands off until then? He knows I’m perfectly responsible.”
“I don’t know, Frank, I’m sure; I’ll see. I’ll go around and talk to him to-night. Perhaps a hundred dollars will make him relax the rigor of his rules that much.”
Cowperwood smiled grimly.
“I fancy a hundred dollars would make Jaspers relax a whole lot of rules,” he replied, and he got up to go.
Steger arose also. “I’ll see both these people, and then I’ll call around at your house. You’ll be in, will you, after dinner?”
“Yes.”
They slipped on their overcoats and went out into the cold February day, Cowperwood back to his Third Street office, Steger to see Shannon and Jaspers.
Chapter XLIX
The business of arranging Cowperwood’s sentence for Monday was soon disposed of through Shannon, who had no personal objection to any reasonable delay.
Steger next visited the county jail, close on to five o’clock, when it was already dark. Sheriff Jaspers came lolling out from his private library, where he had been engaged upon the work of cleaning his pipe.
“How are you, Mr. Steger?” he observed, smiling blandly. “How are you? Glad to see you. Won’t you sit down? I suppose you’re round here again on that Cowperwood matter. I just received word from the district attorney that he had lost his case.”
“That’s it, Sheriff,” replied Steger, ingratiatingly. “He asked me to step around and see what you wanted him to do in the matter. Judge Payderson has just fixed the sentence time for Monday morning at ten o’clock. I don’t suppose you’ll be much put out if he doesn’t show up here before Monday at eight o’clock, will you, or Sunday night, anyhow? He’s perfectly reliable, as you know.” Steger was sounding Jaspers out, politely trying to make the time of Cowperwood’s arrival a trivial matter in order to avoid paying the hundred dollars, if possible. But Jaspers was not to be so easily disposed of. His fat face lengthened considerably. How could Steger ask him such a favor and not even suggest the slightest form of remuneration?
“It’s ag’in’ the law, Mr. Steger, as you know,” he began, cautiously and complainingly. “I’d like to accommodate him, everything else being equal, but since that Albertson case three years ago we’ve had to run this office much more careful, and—”
“Oh, I know, Sheriff,” interrupted Steger, blandly, “but this isn’t an ordinary case in any way, as you can see for yourself. Mr. Cowperwood is a very important man, and he has a great many things to attend to. Now if it were only a mere matter of seventy-five or a hundred dollars to satisfy some court clerk with, or to pay a fine, it would be easy enough, but—” He paused and looked wisely away, and Mr. Jaspers’s face began to relax at once. The law against which it was ordinarily so hard to offend was not now so important. Steger saw that it was needless to introduce any additional arguments.
“It’s a very ticklish business, this, Mr. Steger,” put in the sheriff, yieldingly, and yet with a slight whimper in his voice. “If anything were to happen, it would cost me my place all right. I don’t like to do it under any circumstances, and I wouldn’t, only I happen to know both Mr. Cowperwood and Mr. Stener, and I like ’em both. I don’ think they got their rights in this matter, either. I don’t mind making an exception in this case if Mr. Cowperwood don’t go about too publicly. I wouldn’t want any of the men in the district attorney’s office to know this. I don’t suppose he’ll mind if I keep a deputy somewhere near all the time for looks’ sake. I have to, you know, really, under the law. He won’t bother him any. Just keep on guard like.” Jaspers looked at Mr. Steger very flatly and wisely—almost placatingly under the circumstances—and Steger nodded.
“Quite right, Sheriff, quite right. You’re quite right,” and he drew out his purse while the sheriff led the way very cautiously back into his library.
“I’d like to show you the line of law-books I’m fixing up for myself in here, Mr. Steger,” he observed, genially, but meanwhile closing his fingers gently on the small roll of ten-dollar bills Steger was handing him. “We have occasional use for books of that kind here, as you see. I thought it a good sort of thing to have them around.” He waved one arm comprehensively at the line of State reports, revised statutes, prison regulations, etc., the while he put the money in his pocket and Steger pretended to look.
“A good idea, I think, Sheriff. Very good, indeed. So you think if Mr. Cowperwood gets around here very early Monday morning, say eight or eight-thirty, that it will be all right?”
“I think so,” replied the sheriff, curiously nervous, but agreeable, anxious to please. “I don’t think that anything will come up that will make me want him earlier. If it does I’ll let you know, and you can produce him. I don’t think so, though, Mr. Steger; I think everything will be all right.” They were once more in the main hall now. “Glad to have seen you again, Mr. Steger—very glad,” he added. “Call again some day.”
Waving the sheriff a pleasant farewell, he hurried on his way to Cowperwood’s house.
You would not have thought, seeing Cowperwood mount the front steps of his handsome residence in his neat gray suit and well-cut overcoat on his return from his office that evening, that he was thinking that this might be his last night here. His air and walk indicated no weakening of spirit. He entered the hall, where an early lamp was aglow, and encountered “Wash” Sims, an old negro factotum, who was just coming up from the basement, carrying a bucket of coal for one of the fireplaces.
“Mahty cold out, dis evenin’, Mistah Coppahwood,” said Wash, to whom anything less than sixty degrees was very cold. His one regret was that Philadelphia was not located in North Carolina, from whence he came.
“’Tis sharp, Wash,” replied Cowperwood, absentmindedly. He was thinking for the moment of the house and how it had looked, as he came toward it west along Girard Avenue—what the neighbors were thinking of him, too, observing him from time to time out of their windows. It was clear and cold. The lamps in the reception-hall and sitting-room had been lit, for he had permitted no air of funereal gloom to settle down over this place since his troubles had begun. In the far west of the street a last tingling gleam of lavender and violet was showing over the cold white snow of the roadway. The house of gray-green stone, with its lighted windows, and cream-colored lace curtains, had looked especially attractive. He had thought for the moment of the pride he had taken in putting all this here, decorating and ornamenting it, and whether, ever, he could secure it for himself again. “Where is your mistress?” he added to Wash, when he bethought himself.
“In the sitting-room, Mr. Coppahwood, ah think.”
Cowperwood ascended the stairs, thinking curiously that Wash would soon be out of a job now, unless Mrs. Cowperwood, out of all the wreck of other things, chose to retain him, which was not likely. He entered the sitting-room, and there sat his wife by the oblong center-table, sewing a hook and eye on one of Lillian, second’s, petticoats. She looked up, at his step, with the peculiarly uncertain smile she used these days—indication of her pain, fear, suspicion—and inquired, “Well, what is new with you, Frank?” Her smile was something like a hat or belt or ornament which one puts on or off at will.
“Nothing in particular,” he replied, in his offhand way, “except that I understand I have lost that appeal of mine. Steger is coming here in a little while to let me know. I had a note from him, and I fancy it’s about that.”
He did not care to say squarely that he had lost. He knew that she was sufficiently distressed as it was, and he did not care to be too abrupt just now.
“You don’t say!” replied Lillian, with surprise and fright in her voice, and getting up.
She had been so used to a world where prisons were scarcely thought of, where things went on smoothly from day to day without any noticeable intrusion of such distressing things as courts, jails, and the like, that these last few months had driven her nearly mad. Cowperwood had so definitely insisted on her keeping in the background—he had told her so very little that she was all at sea anyhow in regard to the whole procedure. Nearly all that she had had in the way of intelligence had been from his father and mother and Anna, and from a close and almost secret scrutiny of the newspapers.
At the time he had gone to the county jail she did not even know anything about it until his father had come back from the court-room and the jail and had broken the news to her. It had been a terrific blow to her. Now to have this thing suddenly broken to her in this offhand way, even though she had been expecting and dreading it hourly, was too much.
She was still a decidedly charming-looking woman as she stood holding her daughter’s garment in her hand, even if she was forty years old to Cowperwood’s thirty-five. She was robed in one of the creations of their late prosperity, a cream-colored gown of rich silk, with dark brown trimmings—a fetching combination for her. Her eyes were a little hollow, and reddish about the rims, but otherwise she showed no sign of her keen mental distress. There was considerable evidence of the former tranquil sweetness that had so fascinated him ten years before.
“Isn’t that terrible?” she said, weakly, her hands trembling in a nervous way. “Isn’t it dreadful? Isn’t there anything more you can do, truly? You won’t really have to go to prison, will you?” He objected to her distress and her nervous fears. He preferred a stronger, more self-reliant type of woman, but still she was his wife, and in his day he had loved her much.
“It looks that way, Lillian,” he said, with the first note of real sympathy he had used in a long while, for he felt sorry for her now. At the same time he was afraid to go any further along that line, for fear it might give her a false sense as to his present attitude toward her which was one essentially of indifference. But she was not so dull but what she could see that the consideration in his voice had been brought about by his defeat, which meant hers also. She choked a little—and even so was touched. The bare suggestion of sympathy brought back the old days so definitely gone forever. If only they could be brought back!
“I don’t want you to feel distressed about me, though,” he went on, before she could say anything to him. “I’m not through with my fighting. I’ll get out of this. I have to go to prison, it seems, in order to get things straightened out properly. What I would like you to do is to keep up a cheerful appearance in front of the rest of the family—father and mother particularly. They need to be cheered up.” He thought once of taking her hand, then decided not. She noted mentally his hesitation, the great difference between his attitude now and that of ten or twelve years before. It did not hurt her now as much as she once would have thought. She looked at him, scarcely knowing what to say. There was really not so much to say.
“Will you have to go soon, if you do have to go?” she ventured, wearily.
“I can’t tell yet. Possibly to-night. Possibly Friday. Possibly not until Monday. I’m waiting to hear from Steger. I expect him here any minute.”
To prison! To prison! Her Frank Cowperwood, her husband—the substance of their home here—and all their soul destruction going to prison. And even now she scarcely grasped why! She stood there wondering what she could do.
“Is there anything I can get for you?” she asked, starting forward as if out of a dream. “Do you want me to do anything? Don’t you think perhaps you had better leave Philadelphia, Frank? You needn’t go to prison unless you want to.”
She was a little beside herself, for the first time in her life shocked out of a deadly calm.
He paused and looked at her for a moment in his direct, examining way, his hard commercial business judgment restored on the instant.
“That would be a confession of guilt, Lillian, and I’m not guilty,” he replied, almost coldly. “I haven’t done anything that warrants my running away or going to prison, either. I’m merely going there to save time at present. I can’t be litigating this thing forever. I’ll get out—be pardoned out or sued out in a reasonable length of time. Just now it’s better to go, I think. I wouldn’t think of running away from Philadelphia. Two of five judges found for me in the decision. That’s pretty fair evidence that the State has no case against me.”
His wife saw she had made a mistake. It clarified her judgment on the instant. “I didn’t mean in that way, Frank,” she replied, apologetically. “You know I didn’t. Of course I know you’re not guilty. Why should I think you were, of all people?”
She paused, expecting some retort, some further argument—a kind word maybe. A trace of the older, baffling love, but he had quietly turned to his desk and was thinking of other things.
At this point the anomaly of her own state came over her again. It was all so sad and so hopeless. And what was she to do in the future? And what was he likely to do? She paused half trembling and yet decided, because of her peculiarly nonresisting nature—why trespass on his time? Why bother? No good would really come of it. He really did not care for her any more—that was it. Nothing could make him, nothing could bring them together again, not even this tragedy. He was interested in another woman—Aileen—and so her foolish thoughts and explanations, her fear, sorrow, distress, were not important to him. He could take her agonized wish for his freedom as a comment on his probable guilt, a doubt of his innocence, a criticism of him! She turned away for a minute, and he started to leave the room.
“I’ll be back again in a few moments,” he volunteered. “Are the children here?”
“Yes, they’re up in the play-room,” she answered, sadly, utterly nonplussed and distraught.
“Oh, Frank!” she had it on her lips to cry, but before she could utter it he had bustled down the steps and was gone. She turned back to the table, her left hand to her mouth, her eyes in a queer, hazy, melancholy mist. Could it be, she thought, that life could really come to this—that love could so utterly, so thoroughly die? Ten years before—but, oh, why go back to that? Obviously it could, and thoughts concerning that would not help now. Twice now in her life her affairs had seemed to go to pieces—once when her first husband had died, and now when her second had failed her, had fallen in love with another and was going to be sent off to prison. What was it about her that caused such things? Was there anything wrong with her? What was she going to do? Where go? She had no idea, of course, for how long a term of years he would be sent away. It might be one year or it might be five years, as the papers had said. Good heavens! The children could almost come to forget him in five years. She put her other hand to her mouth, also, and then to her forehead, where there was a dull ache. She tried to think further than this, but somehow, just now, there was no further thought. Suddenly quite outside of her own volition, with no thought that she was going to do such a thing, her bosom began to heave, her throat contracted in four or five short, sharp, aching spasms, her eyes burned, and she shook in a vigorous, anguished, desperate, almost one might have said dry-eyed, cry, so hot and few were the tears. She could not stop for the moment, just stood there and shook, and then after a while a dull ache succeeded, and she was quite as she had been before.
“Why cry?” she suddenly asked herself, fiercely—for her. “Why break down in this stormy, useless way? Would it help?”
But, in spite of her speculative, philosophic observations to herself, she still felt the echo, the distant rumble, as it were, of the storm in her own soul. “Why cry? Why not cry?” She might have said—but wouldn’t, and in spite of herself and all her logic, she knew that this tempest which had so recently raged over her was now merely circling around her soul’s horizon and would return to break again.
Chapter L
The arrival of Steger with the information that no move of any kind would be made by the sheriff until Monday morning, when Cowperwood could present himself, eased matters. This gave him time to think—to adjust home details at his leisure. He broke the news to his father and mother in a consoling way and talked with his brothers and father about getting matters immediately adjusted in connection with the smaller houses to which they were now shortly to be compelled to move. There was much conferring among the different members of this collapsing organization in regard to the minor details; and what with his conferences with Steger, his seeing personally Davison, Leigh, Avery Stone, of Jay Cooke & Co., George Waterman (his old-time employer Henry was dead), ex-State Treasurer Van Nostrand, who had gone out with the last State administration, and others, he was very busy. Now that he was really going into prison, he wanted his financial friends to get together and see if they could get him out by appealing to the Governor. The division of opinion among the judges of the State Supreme Court was his excuse and strong point. He wanted Steger to follow this up, and he spared no pains in trying to see all and sundry who might be of use to him—Edward Tighe, of Tighe & Co., who was still in business in Third Street; Newton Targool; Arthur Rivers; Joseph Zimmerman, the dry-goods prince, now a millionaire; Judge Kitchen; Terrence Relihan, the former representative of the money element at Harrisburg; and many others.
Cowperwood wanted Relihan to approach the newspapers and see if he could not readjust their attitude so as to work to get him out, and he wanted Walter Leigh to head the movement of getting up a signed petition which should contain all the important names of moneyed people and others, asking the Governor to release him. Leigh agreed to this heartily, as did Relihan, and many others.
And, afterwards there was really nothing else to do, unless it was to see Aileen once more, and this, in the midst of his other complications and obligations, seemed all but impossible at times—and yet he did achieve that, too—so eager was he to be soothed and comforted by the ignorant and yet all embracing volume of her love. Her eyes these days! The eager, burning quest of him and his happiness that blazed in them. To think that he should be tortured so—her Frank! Oh, she knew—whatever he said, and however bravely and jauntily he talked. To think that her love for him should have been the principal cause of his being sent to jail, as she now believed. And the cruelty of her father! And the smallness of his enemies—that fool Stener, for instance, whose pictures she had seen in the papers. Actually, whenever in the presence of her Frank, she fairly seethed in a chemic agony for him—her strong, handsome lover—the strongest, bravest, wisest, kindest, handsomest man in the world. Oh, didn’t she know! And Cowperwood, looking in her eyes and realizing this reasonless, if so comforting fever for him, smiled and was touched. Such love! That of a dog for a master; that of a mother for a child. And how had he come to evoke it? He could not say, but it was beautiful.
And so, now, in these last trying hours, he wished to see her much—and did—meeting her at least four times in the month in which he had been free, between his conviction and the final dismissal of his appeal. He had one last opportunity of seeing her—and she him—just before his entrance into prison this last time—on the Saturday before the Monday of his sentence. He had not come in contact with her since the decision of the Supreme Court had been rendered, but he had had a letter from her sent to a private mail-box, and had made an appointment for Saturday at a small hotel in Camden, which, being across the river, was safer, in his judgment, than anything in Philadelphia. He was a little uncertain as to how she would take the possibility of not seeing him soon again after Monday, and how she would act generally once he was where she could not confer with him as often as she chose. And in consequence, he was anxious to talk to her. But on this occasion, as he anticipated, and even feared, so sorry for her was he, she was not less emphatic in her protestations than she had ever been; in fact, much more so. When she saw him approaching in the distance, she went forward to meet him in that direct, forceful way which only she could attempt with him, a sort of mannish impetuosity which he both enjoyed and admired, and slipping her arms around his neck, said: “Honey, you needn’t tell me. I saw it in the papers the other morning. Don’t you mind, honey. I love you. I’ll wait for you. I’ll be with you yet, if it takes a dozen years of waiting. It doesn’t make any difference to me if it takes a hundred, only I’m so sorry for you, sweetheart. I’ll be with you every day through this, darling, loving you with all my might.”
She caressed him while he looked at her in that quiet way which betokened at once his self-poise and yet his interest and satisfaction in her. He couldn’t help loving Aileen, he thought who could? She was so passionate, vibrant, desireful. He couldn’t help admiring her tremendously, now more than ever, because literally, in spite of all his intellectual strength, he really could not rule her. She went at him, even when he stood off in a calm, critical way, as if he were her special property, her toy. She would talk to him always, and particularly when she was excited, as if he were just a baby, her pet; and sometimes he felt as though she would really overcome him mentally, make him subservient to her, she was so individual, so sure of her importance as a woman.
Now on this occasion she went babbling on as if he were broken-hearted, in need of her greatest care and tenderness, although he really wasn’t at all; and for the moment she actually made him feel as though he was.
“It isn’t as bad as that, Aileen,” he ventured to say, eventually; and with a softness and tenderness almost unusual for him, even where she was concerned, but she went on forcefully, paying no heed to him.
“Oh, yes, it is, too, honey. I know. Oh, my poor Frank! But I’ll see you. I know how to manage, whatever happens. How often do they let visitors come out to see the prisoners there?”
“Only once in three months, pet, so they say, but I think we can fix that after I get there; only do you think you had better try to come right away, Aileen? You know what the feeling now is. Hadn’t you better wait a while? Aren’t you in danger of stirring up your father? He might cause a lot of trouble out there if he were so minded.”
“Only once in three months!” she exclaimed, with rising emphasis, as he began this explanation. “Oh, Frank, no! Surely not! Once in three months! Oh, I can’t stand that! I won’t! I’ll go and see the warden myself. He’ll let me see you. I’m sure he will, if I talk to him.”
She fairly gasped in her excitement, not willing to pause in her tirade, but Cowperwood interposed with her, “You’re not thinking what you’re saying, Aileen. You’re not thinking. Remember your father! Remember your family! Your father may know the warden out there. You don’t want it to get all over town that you’re running out there to see me, do you? Your father might cause you trouble. Besides you don’t know the small party politicians as I do. They gossip like a lot of old women. You’ll have to be very careful what you do and how you do it. I don’t want to lose you. I want to see you. But you’ll have to mind what you’re doing. Don’t try to see me at once. I want you to, but I want to find out how the land lies, and I want you to find out too. You won’t lose me. I’ll be there, well enough.”
He paused as he thought of the long tier of iron cells which must be there, one of which would be his—for how long?—and of Aileen seeing him through the door of it or in it. At the same time he was thinking, in spite of all his other calculations, how charming she was looking to-day. How young she kept, and how forceful! While he was nearing his full maturity she was a comparatively young girl, and as beautiful as ever. She was wearing a black-and-white-striped silk in the curious bustle style of the times, and a set of sealskin furs, including a little sealskin cap set jauntily on top her red-gold hair.
“I know, I know,” replied Aileen, firmly. “But think of three months! Honey, I can’t! I won’t! It’s nonsense. Three months! I know that my father wouldn’t have to wait any three months if he wanted to see anybody out there, nor anybody else that he wanted to ask favors for. And I won’t, either. I’ll find some way.”
Cowperwood had to smile. You could not defeat Aileen so easily.
“But you’re not your father, honey; and you don’t want him to know.”
“I know I don’t, but they don’t need to know who I am. I can go heavily veiled. I don’t think that the warden knows my father. He may. Anyhow, he doesn’t know me; and he wouldn’t tell on me if he did if I talked to him.”
Her confidence in her charms, her personality, her earthly privileges was quite anarchistic. Cowperwood shook his head.
“Honey, you’re about the best and the worst there is when it comes to a woman,” he observed, affectionately, pulling her head down to kiss her, “but you’ll have to listen to me just the same. I have a lawyer, Steger—you know him. He’s going to take up this matter with the warden out there—is doing it today. He may be able to fix things, and he may not. I’ll know to-morrow or Sunday, and I’ll write you. But don’t go and do anything rash until you hear. I’m sure I can cut that visiting limit in half, and perhaps down to once a month or once in two weeks even. They only allow me to write one letter in three months”—Aileen exploded again—“and I’m sure I can have that made different—some; but don’t write me until you hear, or at least don’t sign any name or put any address in. They open all mail and read it. If you see me or write me you’ll have to be cautious, and you’re not the most cautious person in the world. Now be good, will you?”
They talked much more—of his family, his court appearance Monday, whether he would get out soon to attend any of the suits still pending, or be pardoned. Aileen still believed in his future. She had read the opinions of the dissenting judges in his favor, and that of the three agreed judges against him. She was sure his day was not over in Philadelphia, and that he would some time reestablish himself and then take her with him somewhere else. She was sorry for Mrs. Cowperwood, but she was convinced that she was not suited to him—that Frank needed some one more like herself, some one with youth and beauty and force—her, no less. She clung to him now in ecstatic embraces until it was time to go. So far as a plan of procedure could have been adjusted in a situation so incapable of accurate adjustment, it had been done. She was desperately downcast at the last moment, as was he, over their parting; but she pulled herself together with her usual force and faced the dark future with a steady eye.