CHAPTER LIV 

 trial moved on. The witnesses for the prosecu- 
tion followed one another until the State had built 
up an arraignment that satisfied Mr. Dennis Shannon, 
when he announced that he rested. Steger at once arose 
and began a long argument for the dismissal of the case, 
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. I would like 
to hear your argument, but I don't believe it will do 
any good. As I understand this case, it is specifically a 
question of fact—one fact—namely, whether Mr. Cow- 
perwood, your client, did or did not on a certain date 
obtain a certain sum of money under false pretenses, 
did or did not fail to perform certain duties under a 
given agreement—which in this case, as I understand, 
constitutes the charge of larceny as bailee. Now I can't 
enter into a discussion of that before a jury has had a 
chance to pass on the facts alleged. 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 denied." 
District-Attorney Shannon, who had been listening at- 
tentively, sat down. Steger, seeing there was no chance 
to soften the judge's mind by any subtlety of argument, 
returned to Cowperwood, who smiled at the result. 
57o