Were his relations with the city treasurer as broker and agent the same as they had always been on the day that he secured this particular check for sixty thousand dollars, or were they not? Had they been terminated by a conversation fifteen minutes before or two days before or two weeks before—it makes no difference when, so long as they had been properly terminated—or had they not? A business man has a right to abrogate an agreement at any time where there is no specific form of contract and no fixed period of operation entered into—as you all must know. You must not forget that in considering the evidence in this case. Did George W. Stener, knowing or suspecting that Frank A. Cowperwood was in a tight place financially, unable to fulfill any longer properly and honestly the duties supposedly devolving on him by this agreement, terminate it then and there on October 9, 1871, before this check for sixty thousand dollars was given, or did he not? Did Mr. Frank A. Cowperwood then and there, knowing that he was no longer an agent of the city treasurer and the city, and knowing also that he was insolvent (having, as Mr. Stener contends, admitted to him that he was so), and having no intention of placing the certificates which he subsequently declared he had purchased in the sinking-fund, go out into Mr. Stener’s general office, meet his secretary, tell him he had purchased sixty thousand dollars’ worth of city loan, ask for the check, get it, put it in his pocket, walk off, and never make any return of any kind in any manner, shape, or form to the city, and then, subsequently, twenty-four hours later, fail, owing this and five hundred thousand dollars more to the city treasury, or did he not? What are the facts in this case? What have the witnesses testified to? What has George W. Stener testified to, Albert Stires, President Davison, Mr. Cowperwood himself? What are the interesting, subtle facts in this case, anyhow? Gentlemen, you have a very curious problem to decide.” He paused and gazed at the jury, adjusting his sleeves as he did so, and looking as though he knew for certain that he was on the trail of a slippery, elusive criminal who was in a fair way to foist himself upon an honorable and decent community and an honorable and innocent jury as an honest man. Then he continued: