(Thursday, June 20;
noon.)
On leaving the apartment, Markham took
with him the pistol and the case of jewels. In the drug store at
the corner of Sixth Avenue he telephoned Heath to meet him
immediately at the office and to bring Captain Hagedorn. He also
telephoned Stitt, the public accountant, to report as soon as
possible.
"You observe, I trust," said Vance,
when we were in the taxicab headed for the Criminal Courts
Building, "the great advantage of my methods over yours. When one
knows at the outset who committed a crime, one isn't misled by
appearances. Without that foreknowledge, one is apt to be deceived
by a clever alibi, for example. . . . I asked you to secure the
alibis because, knowing the major was guilty, I thought he'd have
prepared a good one."
"But why ask for all of them? And why
waste time trying to disprove Colonel Ostrander's?"
"What chance would I have had of
securing the major's alibi if I had not injected his name
surreptitiously, as it were, into a list of other names? . . . And
had I asked you to check the major's alibi first, you'd have
refused. I chose the colonel's alibi to start with because it
seemed to offer a loophole—and I was lucky in the choice. I knew
that if I could puncture one of the other alibis, you would be more
inclined to help me test the major's."
"But if, as you say, you knew from the
first that the major was guilty, why, in God's name, didn't you
tell me, and save me this week of anxiety?"
"Don't be ingenuous, old man,"
returned Vance. "If I had accused the major at the beginning, you'd
have had me arrested for scandalum
magnatum and criminal libel. It was only by deceivin' you
every minute about the major's guilt, and drawing a whole school of
red herrings across the trail, that I was able to get you to accept
the fact even today. And yet, not once did I actu'lly lie to you. I
was constantly throwing out suggestions, and pointing to
significant facts, in the hope that you'd see the light for
yourself; but you ignored all my intimations, or else
misinterpreted them, with the most irritatin' perversity."
Markham was silent a moment. "I see
what you mean. But why did you keep setting up these straw men and
then knocking them over?"
"You were bound, body and soul, to
circumst'ntial evidence," Vance pointed out. "It was only by
letting you see that it led you nowhere that I was able to foist
the major on you. There was no evidence against him—he naturally
saw to that. No one even regarded him as a possibility: fratricide
has been held as inconceivable—a lusus
naturae—since the days of Cain. Even with all my finessing
you fought every inch of the way, objectin' to this and that, and
doing everything imag'nable to thwart my humble efforts. . . .
Admit, like a good fellow, that, had it not been for my
assiduousness, the major would never have been suspected."
Markham nodded slowly.
"And yet, there are some things I
don't understand even now. Why, for instance, should he have
objected so strenuously to my arresting the captain?"
Vance wagged his head.
"How deuced obvious you are! Never
attempt a crime, my Markham, you'd be instantly apprehended. I say,
can't you see how much more impregnable the major's position would
be if he showed no int'rest in your arrests—if, indeed, he appeared
actu'lly to protest against your incarc'ration of a victim. Could
he, by any other means, have elim'nated so completely all possible
suspicion against himself? Moreover, he knew very well that nothing
he could say would swerve you from your course. You're so noble,
don't y' know."
"But he did give me the impression
once or twice that he thought Miss St. Clair was guilty."
"Ah! There you have a shrewd
intelligence taking advantage of an opportunity. The major
unquestionably planned the crime so as to cast suspicion on the
captain. Leacock had publicly threatened his brother in connection
with Miss St. Clair; and the lady was about to dine alone with
Alvin. When, in the morning, Alvin was found shot with an army
Colt, who but the captain would be suspected? The major knew the
captain lived alone, and that he would have diff'culty in
establishing an alibi. Do you now see how cunning he was in
recommending Pfyfe as a source of information? He knew that if you
interviewed Pfyfe, you'd hear of the threat. And don't ignore the
fact that his suggestion of Pfyfe was an apparent afterthought; he
wanted to make it appear casual, don't y' know.—Astute devil,
what?"
Markham, sunk in gloom, was listening
closely.
"Now for the opportunity of which he
took advantage," continued Vance. "When you upset his calculations
by telling him you knew whom Alvin dined with, and that you had
almost enough evidence to ask for an indictment, the idea appealed
to him. He knew no charmin' lady could ever be convicted of murder
in this most chivalrous city, no matter what the evidence; and he
had enough of the sporting instinct in him to prefer that no one
should actu'lly be punished for the crime. Cons'quently, he was
willing to switch you back to the lady. And he played his hand
cleverly, making it appear that he was most reluctant to involve
her."
"Was that why, when you wanted me to
examine his books and to ask him to the office to discuss the
confession, you told me to intimate that I had Miss St. Clair in
mind?"
"Exactly!"
"And the person the major was
shielding—"
"Was himself. But he wanted you to
think it was Miss St. Clair."
"If you were certain he was guilty,
why did you bring Colonel Ostrander into the case?"
"In the hope that he could supply us
with faggots for the major's funeral pyre. I knew he was acquainted
intimately with Alvin Benson and his entire camarilla; and I knew,
too, that he was an egregious quidnunc who might have got wind of
some enmity between the Benson boys and have suspected the truth.
And I also wanted to get a line on Pfyfe, by way of elim'nating
every remote counterpossibility."
"But we already had a line on
Pfyfe."
"Oh, I don't mean material clues. I
wanted to learn about Pfyfe's nature—his psychology, y'
know—particularly his personality as a gambler. Y' see, it was the
crime of a calculating, cold-blooded gambler; and no one but a man
of that particular type could possibly have committed it."
Markham apparently was not interested
just now in Vance's theories.
"Did you believe the major," he asked,
"when he said his brother had lied to him about the presence of the
jewels in the safe?"
"The wily Alvin prob'bly never
mentioned 'em to Anthony," rejoined Vance. "An ear at the door
during one of Pfyfe's visits was, I fancy, his source of
information. . . . And speaking of the major's eavesdropping, it
was that which suggested to me a possible motive for the crime.
Your man Stitt, I hope, will clarify that point."
"According to your theory, the crime
was rather hastily conceived." Markham's statement was in reality a
question.
"The details of its execution were
hastily conceived," corrected Vance. "The major undoubtedly had
been contemplating for some time elim'nating his brother. Just how
or when he was to do it he hadn't decided. He may have thought out
and rejected a dozen plans. Then, on the thirteenth, came the
opportunity: all the conditions adjusted themselves to his purpose.
He heard Miss St. Clair's promise to go to dinner; and he therefore
knew that Alvin would prob'bly be home alone at twelve thirty, and
that, if he were done away with at that hour, suspicion would fall
on Captain Leacock. He saw Alvin take home the jewels—another
prov'dential circumst'nce. The propitious moment for which he had
been waiting, d' ye see, was at hand. All that remained was to
establish an alibi and work out a modus
operandi. How he did this, I've already eluc'dated."
Markham sat thinking for several
minutes. At last he lifted his head.
"You've about convinced me of his
guilt," he admitted. "But damn it, man! I've got to prove it; and
there's not much actual legal evidence."
Vance gave a slight shrug.
"I'm not int'rested in your stupid
courts and your silly rules of evidence. But, since I've convinced
you, you can't charge me with not having met your challenge, don't
y' know."
"I suppose not," Markham assented
gloomily.
Slowly the muscles about his mouth
tightened.
"You've done your share, Vance, I'll
carry on."
Heath and Captain Hagedorn were
waiting when we arrived at the office, and Markham greeted them in
his customary reserved, matter-of-fact way. By now he had himself
well in hand and he went about the task before him with the somber
forcefulness that characterized him in the discharge of all his
duties.
"I think we at last have the right
man, Sergeant," he said. "Sit down, and I'll go over the matter
with you in a moment. There are one or two things I want to attend
to first."
He handed Major Benson's pistol to the
firearms expert.
"Look that gun over, Captain, and tell
me if there's any way of identifying it as the weapon that killed
Benson."
Hagedorn moved ponderously to the
window. Laying the pistol on the sill, he took several tools from
the pockets of his voluminous coat and placed them beside the
weapon. Then, adjusting a jeweler's magnifying glass to his eye, he
began what seemed an interminable series of tinkerings. He opened
the plates of the stock and, drawing back the sear, took out the
firing pin. He removed the slide, unscrewed the link, and extracted
the recoil spring. I thought he was going to take the weapon
entirely apart, but apparently he merely wanted to let light into
the barrel; for presently he held the gun to the window and placed
his eye at the muzzle. He peered into the barrel for nearly five
minutes, moving it slightly back and forth to catch the reflection
of the sun on different points of the interior.
At last, without a word, he slowly and
painstakingly went through the operation of redintegrating the
weapon. Then he lumbered back to his chair and sat blinking heavily
for several moments.
"I'll tell you," he said, thrusting
his head forward and gazing at Markham over the tops of his
steel-rimmed spectacles. "This, now, may be the right gun. I
wouldn't say for sure. But when I saw the bullet the other morning,
I noticed some peculiar rifling marks on it; and the rifling in
this gun here looks to me as though it would match up with the
marks on the bullet. I'm not certain. I'd like to look at this
barrel through my helixometer.[21]"
"But you believe it's the gun?"
insisted Markham.
"I couldn't say, but I think so. I
might be wrong."
"Very good, Captain. Take it along and
call me the minute you've inspected it thoroughly."
"It's the gun, all right," asserted
Heath, when Hagedorn had gone. "I know that bird. He wouldn't've
said as much as he did if he hadn't been sure. . . . Whose gun is
it, sir?"
"I'll answer you presently." Markham
was still battling against the truth—withholding, even from
himself, his pronouncement of the major's guilt until every
loophole of doubt should be closed. "I want to hear from Stitt
before I say anything. I sent him to look over Benson and Benson's
books. He'll be here any moment."
After a wait of a quarter of an hour,
during which time Markham attempted to busy himself with other
matters, Stitt came in. He said a somber good-morning to the
district attorney and Heath; then, catching sight of Vance, smiled
appreciatively.
"That was a good tip you gave me. You
had the dope. If you'd kept Major Benson away longer, I could have
done more. While he was there he was watching me every
minute."
"I did the best I could," sighed
Vance. He turned to Markham. "Y' know, I was wondering all through
lunch yesterday how I could remove the major from his office during
Mr. Stitt's investigation; and when we learned of Leacock's
confession, it gave me just the excuse I needed. I really didn't
want the major here—I simply wished to give Mr. Stitt a free
hand."
"What did you find out?" Markham asked
the accountant.
"Plenty!" was the laconic reply.
He took a sheet of paper from his
pocket and placed it on the desk.
"There's a brief report. . . . I
followed Mr. Vance's suggestion and took a look at the stock record
and the cashier's collateral blotter, and traced the transfer
receipts. I ignored the journal entries against the ledger, and
concentrated on the activities of the firm heads. Major Benson, I
found, has been consistently hypothecating securities transferred
to him as collateral for marginal trading, and has been speculating
steadily in mercantile curb stocks. He has lost heavily—how much, I
can't say."
"And Alvin Benson?" asked Vance.
"He was up to the same tricks. But he
played in luck. He made a wad on a Columbus Motors pool a few weeks
back; and he has been salting the money away in his safe—or, at
least, that's what the secretary told me."
"And if Major Benson has possession of
the key to that safe," suggested Vance, "then it's lucky for him
his brother was shot."
"Lucky?" retorted Stitt. "It'll save
him from state prison."
When the accountant had gone, Markham
sat like a man of stone, his eyes fixed on the wall opposite.
Another straw at which he had grasped in his instinctive denial of
the major's guilt had been snatched from him.
The telephone rang. Slowly he took up
the receiver, and as he listened I saw a look of complete
resignation come into his eyes. He leaned back in his chair, like a
man exhausted.
"It was Hagedorn," he said. "That was
the right gun."
Then he drew himself up and turned to
Heath. "The owner of that gun, Sergeant, was Major Benson."
The detective whistled softly and his
eyes opened slightly with astonishment. But gradually his face
assumed its habitual stolidity of expression. "Well, it don't
surprise me any," he said.
Markham rang for Swacker.
"Get Major Benson on the wire and tell
him—tell him I'm about to make an arrest and would appreciate his
coming here immediately." His deputizing of the telephone call to
Swacker was understood by all of us, I think.
Markham then summarized, for Heath's
benefit, the case against the major. When he had finished, he rose
and rearranged the chairs at the table in front of his desk.
"When Major Benson comes, Sergeant,"
he said, "I am going to seat him here." He indicated a chair
directly facing his own. "I want you to sit at his right; and you'd
better get Phelps—or one of the other men, if he isn't in—to sit at
his left. But you're not to make any move until I give the signal.
Then you can arrest him."
When Heath had returned with Phelps
and they had taken their seats at the table, Vance said, "I'd
advise you, Sergeant, to be on your guard. The minute the major
knows he's in for it, he'll go bald-headed for you."
Heath smiled with heavy
contempt.
"This isn't the first man I've
arrested, Mr. Vance—with many thanks for your advice. And what's
more, the major isn't that kind; he's too nervy."
"Have it your own way," replied Vance
indifferently. "But I've warned you. The major is cool-headed; he'd
take big chances and he could lose his last dollar without turning
a hair. But when he is finally cornered and sees ultimate defeat,
all his repressions of a lifetime, having had no safety valve, will
explode physically. When a man lives without passions or emotions
or enthusiasms, there's bound to be an outlet sometime. Some men
explode and some commit suicide—the principle is the same: it's a
matter of psychological reaction. The major isn't the
self-destructive type—that's why I say he'll blow up."
Heath snorted. "We may be short on
psychology down here," he rejoined, "but we know human nature
pretty well."
Vance stifled a yawn and carelessly
lit a cigarette. I noticed, however, that he pushed his chair back
a little from the end of the table where he and I were
sitting.
"Well, Chief," rasped Phelps, "I guess
your troubles are about over—though I sure did think that fellow
Leacock was your man. . . . Who got the dope on this Major
Benson?"
"Sergeant Heath and the homicide
bureau will receive entire credit for the work," said Markham; and
added, "I'm sorry, Phelps, but the district attorney's office, and
everyone connected with it, will be kept out of it
altogether."
"Oh, well, it's all in a lifetime,"
observed Phelps philosophically.
We sat in strained silence until the
major arrived. Markham smoked abstractedly. He glanced several
times over the sheet of notations left by Stitt and once he went to
the water cooler for a drink. Vance opened at random a law book
before him and perused with an amused smile a bribery case decision
by a Western judge. Heath and Phelps, habituated to waiting,
scarcely moved.
When Major Benson entered Markham
greeted him with exaggerated casualness and busied himself with
some papers in a drawer to avoid shaking hands. Heath, however, was
almost jovial. He drew out the major's chair for him and uttered a
ponderous banality about the weather. Vance closed the law book and
sat erect with his feet drawn back.
Major Benson was cordially dignified.
He gave Markham a swift glance; but if he suspected anything, he
showed no outward sign of it.
"Major, I want you to answer a few
questions—if you care to." Markham's voice, though low, had in it a
resonant quality.
"Anything at all," returned the other
easily.
"You own an army pistol, do you
not?"
"Yes—a Colt automatic," he replied,
with a questioning lift of the eyebrows.
"When did you last clean and refill
it?"
Not a muscle of the major's face
moved. "I don't exactly remember," he said. "I've cleaned it
several times. But it hasn't been refilled since I returned from
overseas."
"Have you lent it to anyone
recently?"
"Not that I recall."
Markham took up Stitt's report and
looked at it a moment. "How did you hope to satisfy your clients if
suddenly called upon for their marginal securities?"
The major's upper lip lifted
contemptuously, exposing his teeth.
"So! That was why, under the guise of
friendship, you sent a man to look over my books!" I saw a red
blotch of color appear on the back of his neck and swell upward to
his ears.
"It happens that I didn't send him
there for that purpose." The accusation had cut Markham. "But I did
enter your apartment this morning."
"You're a housebreaker, too, are you?"
The man's face was now crimson; the veins stood out on his
forehead.
"And I found Mrs. Banning's jewels. .
. . How did they get there, Major?"
"It's none of your damned business how
they got there," he said, his voice as cold and even as ever.
"Why did you tell Miss Hoffman not to
mention them to me?"
"That's none of your damned business
either."
"Is it any of my business," asked
Markham quietly, "that the bullet which killed your brother was
fired from your gun?"
The major looked at him steadily, his
mouth a sneer.
"That's the kind of double-crossing
you do!—invite me here to arrest me and then ask me questions to
incriminate myself when I'm unaware of your suspicions. A fine
dirty sport you are!"
Vance leaned forward. "You fool!" His
voice was very low, but it cut like a whip. "Can't you see he's
your friend and is asking you these questions in a last desp'rate
hope that you're not guilty?"
The major swung round on him hotly.
"Keep out of this—you damned sissy!"
"Oh, quite," murmured Vance.
"And as for you"—he pointed a
quivering finger at Markham—"I'll make you sweat for this! . .
."
Vituperation and profanity poured from
the man. His nostrils were expanded, his eyes blazing. His wrath
seemed to surpass all human bounds; he was like a person in an
apoplectic fit—contorted, repulsive, insensate.
Markham sat through it patiently, his
head resting on his hands, his eyes closed. When, at length, the
major's rage became inarticulate, he looked up and nodded to Heath.
It was the signal the detective had been watching for.
But before Heath could make a move,
the major sprang to his feet. With the motion of rising he swung
his body swiftly about and brought his fist against Heath's face
with terrific impact. The sergeant went backward in his chair and
lay on the floor dazed. Phelps leaped forward, crouching; but the
major's knee shot upward and caught him in the lower abdomen. He
sank to the floor, where he rolled back and forth groaning.
The major then turned on Markham. His
eyes were glaring like a maniac's, and his lips were drawn back.
His nostrils dilated with each stertorous breath. His shoulders
were hunched, and his arms hung away from his body, his fingers
rigidly flexed. His attitude was the embodiment of a terrific,
uncontrolled malignity.
"You're next!" The words, guttural and
venomous, were like a snarl.
As he spoke he sprang forward.
Vance, who had sat quietly during the
melee, looking on with half-closed eyes and smoking indolently, now
stepped sharply round the end of the table. His arms shot forward.
With one hand he caught the major's right wrist; with the other he
grasped the elbow. Then he seemed to fall back with a swift pivotal
motion. The major's pinioned arm was twisted upward behind his
shoulder blades. There was a cry of pain, and the man suddenly
relaxed in Vance's grip.
By this time Heath had recovered. He
scrambled quickly to his feet and stepped up. There was the click
of handcuffs, and the major dropped heavily into a chair, where he
sat moving his shoulder back and forth painfully.
"It's nothing serious," Vance told
him. "The capsular ligament is torn a little. It'll be all right in
a few days."
Heath came forward and, without a
word, held out his hand to Vance. The action was at once an apology
and a tribute. I liked Heath for it.
When he and his prisoner had gone, and
Phelps had been assisted into an easy chair, Markham put his hand
on Vance's arm.
"Let's get away," he said. "I'm done
up."