and presented the evidence, to say whether
the defendant is guilty on one count or the other, or on two or three of
the counts, or on all four, just as you see fit and proper--or, to put
it in a better way, as the evidence warrants. Larceny, as you may or
may not know, is the act of taking away the goods or chattels of another
without his knowledge or consent, and embezzlement is the fraudulent
appropriation to one's own use of what is intrusted to one's care and
management, especially money. Larceny as bailee, on the other hand,
is simply a more definite form of larceny wherein one fixes the act of
carrying away the goods of another without his knowledge or consent on
the person to whom the goods were delivered in trust that is, the agent
or bailee. Embezzlement on a check, which constitutes the fourth charge,
is simply a more definite form of fixing charge number two in an exact
way and signifies appropriating the money on a check given for a certain
definite purpose. All of these charges, as you can see, gentlemen, are
in a way synonymous. They overlap and overlay each other. The people,
through their representative, the district attorney, contend that Mr.
Cowperwood, the defendant here, is guilty of all four charges. So now,
gentlemen, we will proceed to the history of this crime, which proves to
me as an individual that this defendant has one of the most subtle and
dangerous minds of the criminal financier type, and we hope by witnesses
to prove that to you, also."

Shannon, because the rules of evidence and court procedure here admitted
of no interruption of the prosecution in presenting a case, then went
on to describe from his own point of view how Cowperwood had first
met Stener; how he had wormed himself into his confidence; how little
financial knowledge Stener had, and so forth; coming down finally to
the day the check for sixty thousand dollars was given Cowperwood; how
Stener, as treasurer, claimed that he knew nothing of its delivery,
which constituted the base of the charge of larceny; how Cowperwood,
having it, misappropriated the certificates supposed to have been
purchased for the sinking-fund, if they were purchased at all--all of
which Shannon said constituted the crimes with which the defendant was
charged, and of which he was unquestionably guilty.

"We have direct and positive evidence of all that we have thus far
contended, gentlemen," Mr. Shannon concluded violently. "This is not a
matter of h