Rainey, and Beckwith in a sweeping condemnation of Cow- 
perwood. There was much to be said for his point of view. 
His treatment of Butler, through the latter's daughter— 
well, that was a very human matter. The flesh is weak. 
So all five judges fancied they were considering the whole 
matter rather fairly and impartially, as men will under 
such circumstances. Cowperwood was not innocent by 
any means. His whole career indicated that. If he must 
be denied a new trial, it was a good thing that he was 
really guilty of many things and deserving of punishment. 
At least, Smithson, Rainey, and Beckwith thought so. 
The former, speaking for himself and Judges Rainey 
and Beckwith (the opinion was written by Judge Smith- 
son, and handed down on the eleventh of February, 18 72), 
wrote as follows: 
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 can- 
not see that any substantial injustice has been done the defendant. 
[Here followed a rather lengthy résumé 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 pur- 
pose did the defendant get the check? He was upon the eve of fail- 
ure. 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.