if you cannot conscientiously
dismiss this charge you will at least see that the facts, as I have
indicated them, are given due weight in the measure of the punishment
inflicted."

Steger stepped back and Judge Payderson nodded, as much as to say he had
heard all the distinguished lawyer had to say, and would give it such
consideration as it deserved--no more. Then he turned to Cowperwood,
and, summoning all his judicial dignity to his aid, he began:

"Frank Algernon Cowperwood, you have been convicted by a jury of your
own selection of the offense of larceny. The motion for a new trial,
made in your behalf by your learned counsel, has been carefully
considered and overruled, the majority of the court being entirely
satisfied with the propriety of the conviction, both upon the law and
the evidence. Your offense was one of more than usual gravity, the more
so that the large amount of money which you obtained belonged to the
city. And it was aggravated by the fact that you had in addition thereto
unlawfully used and converted to your own use several hundred thousand
dollars of the loan and money of the city. For such an offense
the maximum punishment affixed by the law is singularly merciful.
Nevertheless, the facts in connection with your hitherto distinguished
position, the circumstances under which your failure was brought about,
and the appeals of your numerous friends and financial associates, will
be given due consideration by this court. It is not unmindful of any
important fact in your career." Payderson paused as if in doubt,
though he knew very well how he was about to proceed. He knew what his
superiors expected of him.

"If your case points no other moral," he went on, after a moment, toying
with the briefs, "it will at least teach the lesson much needed at the
present time, that the treasury of the city is not to be invaded
and plundered with impunity under the thin disguise of a business
transaction, and that there is still a power in the law to vindicate
itself and to protect the public.

"The sentence of the court," he added, solemnly, the while Cowperwood
gazed unmoved, "is, therefore, that you pay a fine of five thousand
dollars to the commonwealth for the use of the county, that you pay the
costs of prosecution, and that you undergo imprisonment in the
State Penitentiary for the Eastern District by separate or solitary
confinement at labor for a period of four years and three months, and
that you