(Friday, June 14; 9
A.M.)
John F.-X. Markham, as you remember,
had been elected district attorney of New York County on the
Independent Reform Ticket during one of the city's periodical
reactions against Tammany Hall. He served his four years and would
probably have been elected to a second term had not the ticket been
hopelessly split by the political juggling of his opponents. He was
an indefatigable worker and projected the district attorney's
office into all manner of criminal and civil investigations. Being
utterly incorruptible, he not only aroused the fervid admiration of
his constituents but produced an almost unprecedented sense of
security in those who had opposed him on partisan lines.
He had been in office only a few
months when one of the newspapers referred to him as the Watch Dog;
and the sobriquet clung to him until the end of his administration.
Indeed, his record as a successful prosecutor during the four years
of his incumbency was such a remarkable one that even today it is
not infrequently referred to in legal and political
discussions.
Markham was a tall, strongly built man
in the middle forties, with a clean-shaven, somewhat youthful face
which belied his uniformly gray hair. He was not handsome according
to conventional standards, but he had an unmistakable air of
distinction, and was possessed of an amount of social culture
rarely found in our latter-day political officeholders. Withal he
was a man of brusque and vindictive temperament; but his
brusqueness was an incrustation on a solid foundation of good
breeding, not—as is usually the case—the roughness of substructure
showing through an inadequately superimposed crust of
gentility.
When his nature was relieved of the
stress of duty and care, he was the most gracious of men. But early
in my acquaintance with him I had seen his attitude of cordiality
suddenly displaced by one of grim authority. It was as if a new
personality—hard, indomitable, symbolic of eternal justice—had in
that moment been born in Markham's body. I was to witness this
transformation many times before our association ended. In fact,
this very morning, as he sat opposite to me in Vance's living room,
there was more than a hint of it in the aggressive sternness of his
expression; and I knew that he was deeply troubled over Alvin
Benson's murder.
He swallowed his coffee rapidly and
was setting down the cup, when Vance, who had been watching him
with quizzical amusement, remarked, "I say, why this sad
preoccupation over the passing of one Benson? You weren't, by any
chance, the murderer, what?"
Markham ignored Vance's levity. "I'm
on my way to Benson's. Do you care to come along? You asked for the
experience, and I dropped in to keep my promise."
I then recalled that several weeks
before at the Stuyvesant Club, when the subject of the prevalent
homicides in New York was being discussed, Vance had expressed a
desire to accompany the district attorney on one of his
investigations, and that Markham had promised to take him on his
next important case. Vance's interest in the psychology of human
behavior had prompted the desire, and his friendship with Markham,
which had been of long standing, had made the request
possible.
"You remember everything, don't you?"
Vance replied lazily. "An admirable gift, even if an uncomfortable
one." He glanced at the clock on the mantel, it lacked a few
minutes of nine. "But what an indecent hour! Suppose someone should
see me."
Markham moved forward impatiently in
his chair. "Well, if you think the gratification of your curiosity
would compensate you for the disgrace of being seen in public at
nine o'clock in the morning, you'll have to hurry. I certainly
won't take you in dressing gown and bedroom slippers. And I most
certainly won't wait over five minutes for you to get
dressed."
"Why the haste, old dear?" Vance
asked, yawning. "The chap's dead, don't y' know; he can't possibly
run away."
"Come, get a move on, you orchid," the
other urged. "This affair is no joke. It's damned serious, and from
the looks of it, it's going to cause an ungodly scandal. What are
you going to do?"
"Do? I shall humbly follow the great
avenger of the common people," returned Vance, rising and making an
obsequious bow.
He rang for Currie and ordered his
clothes brought to him.
"I'm attending a levee which Mr.
Markham is holding over a corpse and I want something rather
spiffy. Is it warm enough for a silk suit? . . . And a lavender
tie, by all means."
"I trust you won't also wear your
green carnation," grumbled Markham.
"Tut! Tut!" Vance chided him. "You've
been reading Mr. Hitchens. Such heresy in a district attorney!
Anyway, you know full well I never wear boutonnieres. The
decoration has fallen into disrepute. The only remaining devotees
of the practice are roués and saxophone players. . . . But tell me
about the departed Benson."
Vance was now dressing, with Currie's
assistance, at a rate of speed I had rarely seen him display in
such matters. Beneath his bantering pose I recognized the true
eagerness of the man for a new experience and one that promised
such dramatic possibilities for his alert and observing mind.
"You knew Alvin Benson casually, I
believe," the district attorney said. "Well, early this morning his
housekeeper phoned the local precinct station that she had found
him shot through the head, fully dressed and sitting in his
favorite chair in his living room. The message, of course, was put
through at once to the telegraph bureau at headquarters, and my
assistant on duty notified me immediately. I was tempted to let the
case follow the regular police routine. But half an hour later
Major Benson, Alvin's brother, phoned me and asked me, as a special
favor, to take charge. I've known the major for twenty years and I
couldn't very well refuse. So I took a hurried breakfast and
started for Benson's house. He lived in West Forty-eighth Street;
and as I passed your corner I remembered your request and dropped
by to see if you cared to go along."
"Most consid'rate," murmured Vance,
adjusting his four-in-hand before a small polychrome mirror by the
door. Then he turned to me. "Come, Van. We'll all gaze upon the
defunct Benson. I'm sure some of Markham's sleuths will unearth the
fact that I detested the bounder and accuse me of the crime; and
I'll feel safer, don't y' know, with legal talent at hand. . . . No
objections—eh, what, Markham?"
"Certainly not," the other agreed
readily, although I felt that he would rather not have had me
along. But I was too deeply interested in the affair to offer any
ceremonious objections and I followed Vance and Markham
downstairs.
As we settled back in the waiting
taxicab and started up Madison Avenue, I marveled a little, as I
had often done before, at the strange friendship of these two
dissimilar men beside me—Markham forthright, conventional, a trifle
austere, and overserious in his dealings with life; and Vance
casual, mercurial, debonair, and whimsically cynical in the face of
the grimmest realities. And yet this temperamental diversity
seemed, in some wise, the very cornerstone of their friendship; it
was as if each saw in the other some unattainable field of
experience and sensation that had been denied himself. Markham
represented to Vance the solid and immutable realism of life,
whereas Vance symbolized for Markham the carefree, exotic, gypsy
spirit of intellectual adventure. Their intimacy, in fact, was even
greater than showed on the surface; and despite Markham's
exaggerated deprecations of the other's attitudes and opinions, I
believe he respected Vance's intelligence more profoundly than that
of any other man he knew.
As we rode uptown that morning Markham
appeared preoccupied and gloomy. No word had been spoken since we
left the apartment; but as we turned west into Forty-eighth Street
Vance asked; "What is the social etiquette of these early-morning
murder functions, aside from removing one's hat in the presence of
the body?"
"You keep your hat on," growled
Markham.
"My word! Like a synagogue, what? Most
int'restin'! Perhaps one takes off one's shoes so as not to confuse
the footprints."
"No," Markham told him. "The guests
remain fully clothed—in which the function differs from the
ordinary evening affairs of your smart set."
"My dear
Markham!"—Vance's tone was one of melancholy reproof—"The horrified
moralist in your nature is at work again. That remark of yours was
pos'tively Epworth Leaguish."
Markham was too abstracted to follow
up Vance's badinage. "There are one or two things," he said
soberly, "that I think I'd better warn you about. From the looks of
it, this case is going to cause considerable noise, and there'll be
a lot of jealousy and battling for honors. I won't be fallen upon
and caressed affectionately by the police for coming in at this
stage of the game; so be careful not to rub their bristles the
wrong way. My assistant, who's there now, tells me he thinks the
inspector has put Heath in charge. Heath's a sergeant in the
homicide bureau and is undoubtedly convinced at the present moment
that I'm taking hold in order to get the publicity."
"Aren't you his technical superior?"
asked Vance.
"Of course; and that makes the
situation just so much more delicate. . . . I wish to God the major
hadn't called me up."
"Eheu!" sighed Vance. "The world is
full of Heaths. Beastly nuisances."
"Don't misunderstand me," Markham
hastened to assure him. "Heath is a good man—in fact, as good a man
as we've got. The mere fact that he was assigned to the case shows
how seriously the affair is regarded at headquarters. There'll be
no unpleasantness about my taking charge, you understand; but I
want the atmosphere to be as halcyon as possible. Heath'll resent
my bringing along you two chaps as spectators, anyway; so I beg of
you, Vance, emulate the modest violet."
"I prefer the blushing rose, if you
don't mind," Vance protested. "However, I'll instantly give the
hypersensitive Heath one of my choicest Régie cigarettes with the
rose-petal tips."
"If you do," smiled Markham, "he'll
probably arrest you as a suspicious character."
We had drawn up abruptly in front of
an old brownstone residence on the upper side of Forty-eighth
Street, near Sixth Avenue. It was a house of the better class,
built on a twenty-five foot lot in a day when permanency and beauty
were still matters of consideration among the city's architects.
The design was conventional, to accord with the other houses in the
block, but a touch of luxury and individuality was to be seen in
its decorative copings and in the stone carvings about the entrance
and above the windows.
There was a shallow paved areaway
between the street line and the front elevation of the house; but
this was enclosed in a high iron railing, and the only entrance was
by way of the front door, which was about six feet above the street
level at the top of a flight of ten broad stone stairs. Between the
entrance and the right-hand wall were two spacious windows covered
with heavy iron grilles.
A considerable crowd of morbid
onlookers had gathered in front of the house; and on the steps
lounged several alert-looking young men whom I took to be newspaper
reporters. The door of our taxicab was opened by a uniformed
patrolman who saluted Markham with exaggerated respect and
ostentatiously cleared a passage for us through the gaping throng
of idlers. Another uniformed patrolman stood in the little
vestibule and, on recognizing Markham, held the outer door open for
us and saluted with great dignity.
"Ave, Caesar, te salutamus," whispered
Vance, grinning.
"Be quiet," Markham grumbled. "I've
got troubles enough without your garbled questions."
As we passed through the massive
carved-oak front door into the main hallway we were met by
Assistant District Attorney Dinwiddie, a serious, swarthy young man
with a prematurely lined face, whose appearance gave one the
impression that most of the woes of humanity were resting upon his
shoulders.
"Good morning, Chief," he greeted
Markham, with eager relief. "I'm damned glad you've got here. This
case'll rip things wide open. Cut-and-dried murder, and not a
lead."
Markham nodded gloomily and looked
past him into the living room. "Who's here?" he asked.
"The whole works, from the chief
inspector down," Dinwiddie told him, with a hopeless shrug, as if
the fact boded ill for all concerned.
At that moment a tall, massive,
middle-aged man with a pink complexion and a closely cropped white
moustache, appeared in the doorway of the living room. On seeing
Markham he came forward stiffly with outstretched hand. I
recognized him at once as Chief Inspector O'Brien, who was in
command of the entire police department. Dignified greetings were
exchanged between him and Markham, and then Vance and I were
introduced to him. Inspector O'Brien gave us each a curt, silent
nod and turned back to the living room, with Markham, Dinwiddie,
Vance, and myself following.
The room, which was entered by a wide
double door about ten feet down the hall, was a spacious one,
almost square, and with high ceilings. Two windows gave on the
street; and on the extreme right of the north wall, opposite to the
front of the house, was another window opening on a paved court. To
the left of this window were the sliding doors leading into the
dining room at the rear.
The room presented an appearance of
garish opulence. About the walls hung several elaborately framed
paintings of race horses and a number of mounted hunting trophies.
A highly colored oriental rug covered nearly the entire floor. In
the middle of the east wall, facing the door, was an ornate
fireplace and carved marble mantel. Placed diagonally in the corner
on the right stood a walnut upright piano with copper trimmings.
Then there was a mahogany bookcase with glass doors and figured
curtains, a sprawling tapestried davenport, a squat Venetian
tabouret with inlaid mother-of-pearl, a teakwood stand containing a
large brass samovar, and a buhl-topped center table nearly six feet
long. At the side of the table nearest the hallway, with its back
to the front windows, stood a large wicker lounge chair with a
high, fan-shaped back.
In this chair reposed the body of
Alvin Benson.

Though I had served two years at the
front in the World War and had seen death in many terrible guises,
I could not repress a strong sense of revulsion at the sight of
this murdered man. In France death had seemed an inevitable part of
my daily routine, but here all the organisms of environment were
opposed to the idea of fatal violence. The bright June sunshine was
pouring into the room, and through the open windows came the
continuous din of the city's noises, which, for all their
cacophony, are associated with peace and security and the orderly
social processes of life.
Benson's body was reclining in the
chair in an attitude so natural that one almost expected him to
turn to us and ask why we were intruding upon his privacy. His head
was resting against the chair's back. His right leg was crossed
over his left in a position of comfortable relaxation. His right
arm was resting easily on the center table, and his left arm lay
along the chair's arm. But that which most strikingly gave his
attitude its appearance of naturalness was a small book which he
held in his right hand with his thumb still marking the place where
he had evidently been reading.[5]
He had been shot through the forehead
from in front; and the small circular bullet mark was now almost
black as a result of the coagulation of the blood. A large dark
spot on the rug at the rear of the chair indicated the extent of
the hemorrhage caused by the grinding passage of the bullet through
his brain. Had it not been for these grisly indications, one might
have thought that he had merely paused momentarily in his reading
to lean back and rest.
He was attired in an old smoking
jacket and red felt bedroom slippers but still wore his dress
trousers and evening shirt, though he was collarless, and the
neckband of the shirt had been unbuttoned as if for comfort. He was
not an attractive man physically, being almost completely bald and
more than a little stout. His face was flabby, and the puffiness of
his neck was doubly conspicuous without its confining collar. With
a slight shudder of distaste I ended my brief contemplation of him
and turned to the other occupants of the room.
Two burly fellows with large hands and
feet, their black felt hats pushed far back on their heads, were
minutely inspecting the iron grillwork over the front windows. They
seemed to be giving particular attention to the points where the
bars were cemented into the masonry; and one of them had just taken
hold of a grille with both hands and was shaking it, simian-wise,
as if to test its strength. Another man, of medium height and
dapper appearance, with a small blond moustache, was bending over
in front of the grate looking intently, so it seemed, at the dusty
gas logs. On the far side of the table a thickset man in blue serge
and a derby hat, stood with arms akimbo scrutinizing the silent
figure in the chair. His eyes, hard and pale blue, were narrowed,
and his square prognathous jaw was rigidly set. He was gazing with
rapt intensity at Benson's body, as though he hoped, by the sheer
power of concentration, to probe the secret of the murder.
Another man, of unusual mien, was
standing before the rear window, with a jeweler's magnifying glass
in his eye, inspecting a small object held in the palm of his hand.
From pictures I had seen of him I knew he was Captain Carl
Hagedorn, the most famous firearms expert in America. He was a
large, cumbersome, broad-shouldered man of about fifty; and his
black, shiny clothes were several sizes too large for him. His coat
hitched up behind, and in front hung halfway down to his knees; and
his trousers were baggy and lay over his ankles in grotesquely
comic folds. His head was round and abnormally large, and his ears
seemed sunken into his skull. His mouth was entirely hidden by a
scraggly, gray-shot moustache, all the hairs of which grew
downward, forming a kind of lambrequin to his lips. Captain
Hagedorn had been connected with the New York Police Department for
thirty years, and though his appearance and manner were ridiculed
at headquarters, he was profoundly respected. His word on any point
pertaining to firearms and gunshot wounds was accepted as final by
headquarters men.
In the rear of the room, near the
dining room door, stood two other men talking earnestly together.
One was Inspector William M. Moran, commanding officer of the
detective bureau; the other, Sergeant Ernest Heath of the homicide
bureau, of whom Markham had already spoken to us.
As we entered the room in the wake of
Chief Inspector O'Brien everyone ceased his occupation for a moment
and looked at the district attorney in a spirit of uneasy, but
respectful, recognition. Only Captain Hagedorn, after a cursory
squint at Markham, returned to the inspection of the tiny object in
his hand, with an abstracted unconcern which brought a faint smile
to Vance's lips.
Inspector Moran and Sergeant Heath
came forward with stolid dignity; and after the ceremony of
handshaking (which I later observed to be a kind of religious rite
among the police and the members of the district attorney's staff),
Markham introduced Vance and me and briefly explained our presence.
The inspector bowed pleasantly to indicate his acceptance of the
intrusion, but I noticed that Heath ignored Markham's explanation
and proceeded to treat us as if we were nonexistent.
Inspector Moran was a man of different
quality from the others in the room. He was about sixty, with white
hair and a brown moustache, and was immaculately dressed. He looked
more like a successful Wall Street broker of the better class than
a police official.[6]
"I've assigned Sergeant Heath to the
case, Mr. Markham," he explained in a low, well-modulated voice.
"It looks as though we are in for a bit of trouble before it's
finished. Even the chief inspector thought it warranted his lending
the moral support of his presence to the preliminary rounds. He has
been here since eight o'clock."
Inspector O'Brien had left us
immediately upon entering the room and now stood between the front
windows, watching the proceedings with a grave, indecipherable
face.
"Well, I think I'll be going," Moran
added. "They had me out of bed at seven thirty, and I haven't had
any breakfast yet. I won't be needed anyway now that you're here. .
. . Good morning." And again he shook hands.
When he had gone, Markham turned to
the assistant district attorney.
"Look after these two gentlemen, will
you, Dinwiddie? They're babes in the wood and want to see how these
affairs work. Explain things to them while I have a little confab
with Sergeant Heath."
Dinwiddie accepted the assignment
eagerly. I think he was glad of the opportunity to have someone to
talk to by way of venting his pent-up excitement.
As the three of us turned rather
instinctively toward the body of the murdered man—he was, after
all, the hub of this tragic drama—I heard Heath say in a sullen
voice:
"I suppose you'll take charge now, Mr.
Markham."
Dinwiddie and Vance were talking
together, and I watched Markham with interest after what he had
told us of the rivalry between the police department and the
district attorney's office.
Markham looked at Heath with a slow,
gracious smile and shook his head. "No, Sergeant," he replied. "I'm
here to work with you, and I want that relationship understood from
the outset. In fact, I wouldn't be here now if Major Benson hadn't
phoned me and asked me to lend a hand. And I particularly want my
name kept out of it. It's pretty generally known—and if it isn't,
it will be—that the major is an old friend of mine; so, it will be
better all round if my connection with the case is kept
quiet."
Heath murmured something I did not
catch, but I could see that he had, in large measure, been
placated. He, in common with all other men who were acquainted with
Markham, knew his word was good; and he personally liked the
district attorney.
"If there's any credit coming from
this affair," Markham went on, "the police department is to get it;
therefore I think it best for you to see the report. . . . And, by
the way," he added good-naturedly, "if there's any blame coming,
you fellows will have to bear that, too."
"Fair enough," assented Heath.
"And now, Sergeant, let's get to
work," said Markham.