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Updated: May 26, 2025
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.
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.
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. In the present case it was the province of the jury to ascertain the felonious intent.
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.
Various objects of art, including a Sevres dinner set, a Gobelin tapestry, Barye bronzes and pictures by Detaille, Fortuny, and George Inness, went to Walter Leigh, Arthur Rivers, Joseph Zimmerman, Judge Kitchen, Harper Steger, Terrence Relihan, Trenor Drake, Mr. and Mrs. Simeon Jones, W. C. Davison, Frewen Kasson, Fletcher Norton, and Judge Rafalsky.
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.
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.
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