"Dear Whitmore: Mr. Beard has informed me that I may communicate with you through him. For nearly six weeks I have waited anxiously for your return, but I am in such sore straits that I can no longer delay communicating with you."I require for use in my business the sum of one million, two hundred thousand dollars. Unless I am able to obtain the money at once, I am ruined. Were I the only one to suffer by the crash I should not mind. But it means the loss of my sister's fortune, as well as that of her husband. Grace, too, could bear the loss. But the thought of plunging Collins into poverty, under the present circumstances, is what impels me to appeal to you."To avert this catastrophe my sister joins in the appeal I am making. I hope, in the course of the next six months, to be able to repay the loan. But it is absolutely necessary to obtain the money at once, for my creditors are threatening immediate bankruptcy proceedings. And that means the end."Sincerely,Lester Ward."
"Dear Whitmore: Mr. Beard has informed me that I may communicate with you through him. For nearly six weeks I have waited anxiously for your return, but I am in such sore straits that I can no longer delay communicating with you.
"I require for use in my business the sum of one million, two hundred thousand dollars. Unless I am able to obtain the money at once, I am ruined. Were I the only one to suffer by the crash I should not mind. But it means the loss of my sister's fortune, as well as that of her husband. Grace, too, could bear the loss. But the thought of plunging Collins into poverty, under the present circumstances, is what impels me to appeal to you.
"To avert this catastrophe my sister joins in the appeal I am making. I hope, in the course of the next six months, to be able to repay the loan. But it is absolutely necessary to obtain the money at once, for my creditors are threatening immediate bankruptcy proceedings. And that means the end.
"Sincerely,Lester Ward."
"So your brother is in a bad way financially?" said Britz, more in the way of an audible comment than as a question.
Evidently the subject was too painful for discussion, for she averted her face as if to hide the emotions written thereon.
"Your brother expected Mr. Whitmore to rescue him?" persisted Britz.
"Yes," she acknowledged.
"And Mr. Whitmore's death leaves him in a sad predicament?"
"Ruin is inevitable," she admitted.
"Which makes it clear that it was to Mr. Ward's interest as well as your own to find Mr. Whitmore alive?"
"Precisely," replied she. "His death was a terrible blow to us."
Britz saw the situation clearly. Ward, rendered desperate by the impending ruin, had hoped that Whitmore would come to his rescue. But the latter's death had destroyed all hope of aid from that direction. The letter, far from furnishing incriminating evidence against anyone, clearly established Ward's and Mrs. Collins's interest in keeping Whitmore alive. Nevertheless Britz decided to retain the note on the bare chance that subsequent developments might give it a changed aspect.
Mrs. Collins, divining with the sure instinct of a woman, the obvious conclusion which the detective had drawn from the letter, ventured another attempt to gain possession of it.
"Now that you are convinced that it has no bearing on Mr. Whitmore's death, may I have it?" she asked.
"Why are you so anxious to obtain it?" retorted Britz.
"Because its possession by someone would be an endless source of embarrassment to me," answered she.
She spoke as one engaged in a controversy of minor significance. But it was plain that exhaustion was swiftly overtaking her, that her bruised senses were near the end of their endurance.
"You need fear no uneasiness from the letter while it is in my possession," the detective said reassuringly.
She accepted the statement as a final refusal to surrender the missive, and, consulting the small watch set in her black leather purse, noted with a frightened gasp that it was two o'clock.
"Where is Mr. Beard?" she asked, as if suddenly recalling his absence.
"He is under arrest," answered Britz in even voice.
Despite the soothing quality which he tried to inject into his tone, she started like a frightened deer.
"Arrest!" she echoed. "Then he didn't deliver—the woman, Julia Strong, didn't get the message?"
She shivered, as the chill breath of a new fear stole over her.
"Julia Strong is dead," said Britz, in the same calm, matter-of-fact voice.
But to the woman the words came like a destructive avalanche. She buried her face in her hands, while her frame shook with successive sobs. The last shreds of her outward composure vanished as before the wind, and she surrendered unresistingly to the turbulent emotions struggling within her. Several minutes passed before the inward tumult subsided. Then, lifting herself to her feet, she said with bitter emphasis:
"Four lives wrecked! Two dead!... Mr. Beard and I alive—but what a future! What a dastardly thing to bring all this about!"
Britz, eagerly drinking in her words, watched her in a fever of expectancy. But she checked her outburst before the fatal revelation for which he hoped, received utterance. With a new shock she recalled his presence, and, as if afraid of having incriminated herself, or someone whom she wanted to shield, walked hastily toward the door.
"Please escort me to the automobile," she pleaded.
Britz recognized the futility of trying to obtain further admissions from a woman in her distressful state of mind. The fear that had seized her would prove a padlock on her lips. So he permitted her to lean heavily on his arm while she passed through the door and descended the steps to the street. Then, helping her into the machine, he waited until the car vanished around the corner.
With a self-satisfied smile Britz slowly ascended the steps, intent on obtaining the documents which he had left in the sitting-room.
"With those papers we'll soon wring admissions from somebody," he said to himself. "It's a good night's work—a most profitable night's work."
To his consternation he found that the servant had closed the door. Nor did his insistent pressure of the electric door-bell produce any effect on the butler. Then, for the first time, Britz realized that the lights in the sitting-room had been extinguished.
Consumed with sudden anger he climbed the low iron hand-rail that protected the stoop, and the next instant the broad toe of his boot had shattered the window leading to the front room. Reaching forward, he found it easy to displace sufficient glass to permit him to step safely into the room. Near the curtained doorway he found the electric switch which regulated the light. As the cluster of lamps flashed up, he looked for the documents. They were gone.
His jaw snapped viciously as he leaped out of the room and groped his way to the head of the basement stairs. By the aid of matches he achieved a safe passage down the narrow steps, at the bottom of which he found the button which switched on the basement lights.
In the rear room he found precisely what he had expected. The door opening into the yard was unlatched. Through this door the butler had escaped with the papers.
The development of crime detection in the last decade has followed closely along the line of industrial development. Just as no great commercial establishment can long survive without systematic management, so no great detective force can develop efficiency with chaos on the throne.
Centralization, through closer and ever more close systematization, has not only been the tendency, but the great phenomenon of the modern industrial world. The same condition obtains to-day in the police profession.
A detective force, like the New York Central Office, is managed much the same way as a big commercial enterprise. Under modern conditions every large mercantile establishment must depend for success on the wisdom of its directing genius combined with the intelligent cooperation of its army of subordinates. In similar manner, the head of a big detective bureau directs the efforts of his men to success or failure.
Moreover, the same qualities by which a man attains commercial eminence will win distinction for him as a detective. Intelligence, persistence, reliability, are the foremost essentials. But these qualities, while enabling one to achieve success in subordinate posts, seldom carry one to commercial or professional heights; to the all-commanding peaks of power and glory. The industrial king is monarch by reason of his ability to give efficient direction to the labor of others. The present-day detective king wields his scepter for precisely the same reason.
As great business campaigns are managed and directed from a desk in the office of the president or manager, so the ceaseless war against criminals is directed from the desk of the detective chief. For, be it remembered that the chief function of a detective force is to obtain evidence that will convict.
In ninety per cent. of all crimes which the police are called upon to investigate, the identity of the guilty person is soon established. The baffling problem is to obtain evidence, admissible in a court of law, which will convince a jury of the defendant's guilt. Even though a person's guilt be apparent to all, the difficulties in shattering the protecting wall which the law erects around every accused man or woman, are frequently insuperable. Evidence which convinces the police or the prosecuting attorney of the defendant's culpability is as likely as not to be found incompetent in court and barred from the record. The result is a verdict of acquittal and all the work of the police goes for naught.
Unfortunately for the public at large, the Lecocq type of detective does not exist outside the pages of fiction. But even were there a thousand Lecocqs, reinforced by half a thousand Sherlock Holmeses, employed on the New York detective force, it is doubtful whether their peculiar ability would prove of much practical service. Their deductions, wonderful and convincing though they might be, would never be permitted to reach the ears of a jury.
So in the end, the great detective is the one who, seated at his desk, with the reports of his dozens of subordinates before him, is able to direct their collective efforts toward a single goal—the production of such evidence as is admissible in a court of law.
Since countless writers of detective fiction have provided the public with a most distorted notion of the methods of crime detection, it may not prove unprofitable to devote a moment or two to a peep behind the scenes at the Central Office.
Captain Manning is the titular head of the bureau. He finds on his desk eleven police slips, each bearing in succinct outline the story of a crime which requires the services of Central Office detectives. Ordinarily he will assign two men to each crime and perhaps the same day, or the following one, the detectives will make a verbal or written report. Out of the eleven cases, perhaps ten will prove to be minor robberies of no especial significance, except to the victims. On the face of them, they are the work of professional house-breakers, or pickpockets or hold-up men.
Manning will deliver a list of the stolen articles to his "pawnshop men," who will inquire of all pawnbrokers whether anything on the list has been pledged. Duplicate lists will also be left with all pawnbrokers with the request that they notify the police if anyone offers to pledge any of the stolen articles.
Other detectives will drop casually into places suspected as being "fences," and closely question the proprietors as to what new articles he has purchased recently. Of course, the "fence" gives little or no information, but he thereby lays himself open to prosecution as a receiver of stolen goods should they be found on his premises subsequently.
Next, Manning starts in operation his most potent machinery for the apprehension of minor criminals. He is aware that about ninety per cent. of his detectives have little or no detective ability. They are known as "stool pigeon" men, and it probably would be no exaggeration to say that they comprise ninety-five or ninety-eight per cent. of the entire active detective force. These men, through intimidation, or money, or the granting of protection for minor derelictions, are able to maintain a staff of "stool pigeons," or crooks, who keep them informed of the doings of other crooks. It is through this source that most of the professional criminals are apprehended.
"But where does the detective work come in?" the reader asks.
It is accomplished by the two or three per cent. of real detectives on the force.
For instance: A burglary has been committed. Part of the stolen articles have been traced to a pawnshop. The pawnbroker describes the man who pledged them, but the description might fit any one of a hundred professional crooks. He does not recognize any of the Rogues Gallery portraits as that of the man from whom he received the goods. Pawnbrokers seldom identify crooks, for it is to their interest to plead a bad memory in this respect.
But Detectives Burke and Duvaney ascertain from one of their "stool pigeons" that Michael Ribbs, alias Padlock Mike, is in funds—that he and his "moll," who may be his wife or his mistress, are enjoying the fruits of Mike's labors. And as Mike's specialty is burglary, Chief Manning rightfully decides that he is responsible for one or more of the recent robberies.
From this point the real detective work begins. The chief assigns two of his really capable men, not to solve any one of the numerous burglaries that have been reported, but to ascertain the recent doings of Padlock Mike and to obtain evidence—legal evidence that will stand the test of the courts—with which to send the criminal to jail. And the chances are that in convicting Mike, half a dozen mysterious burglaries will have been solved.
This is the ordinary routine of detective work. Of course, there are innumerable variations, and yet not as many as most people imagine. About eighty-five per cent. of the detective force is constantly employed at this routine business, while fifteen per cent., or even less, is engaged on work that is not in a large measure mechanical.
As for Chief Manning, his genius for directing his subordinates is inconspicuously employed all the time. But occasionally a more exacting demand will be made on it. It may be in a homicide case in which a wife has poisoned her husband.
Of course, in a case of this sort, "stool pigeon" men are useless, for no professional crooks are involved. So Manning assigns six or seven of his best men to the case. They do not roam about promiscuously, treading on one another's toes. To each is given a phase of the case to develop and he reports as frequently as possible to the chief. At the end of four weeks Manning, surveying the reports of his men, finds himself in possession of the following:
The chemical analysis of the vital organs shows that the victim died of arsenic poisoning. Detectives have discovered the druggist who sold the poison to the wife. Other detectives have turned in competent evidence tending to establish the woman's dislike of her husband. Moreover, she was in love with another man in whose company she was frequently seen. Then it is found that the husband's life was insured and his death not only released her from matrimonial ties which had become irksome, but also netted her a considerable sum in cash.
Sufficient motive for the crime has now been established. The poison of which the husband died has been traced directly to the wife. But a vital element of the case is still missing. It is necessary to prove that the wife had exclusive opportunity to administer the drug.
Manning now concentrates all his energies toward this end. Obviously, all the deductions of Messrs. Lecocq and Sherlock Holmes would be futile. But through shrewd questioning of the servants in the house he ascertains that the husband was taken violently ill after supper and that no guests were present at the meal.
An analysis of the sediment in the husband's coffee cup establishes the presence of arsenic. It must be inferred that the wife's cup contained none of the poison, for she developed no symptoms of poisoning after the meal.
The servants declare that the wife invariably made the after-dinner coffee in a percolator that stood on the sideboard. On the night in question, she had boiled the coffee, but none of the servants had seen her draw it from the percolator or serve it in the cups. But all of them assert that for a year or more it had been the wife's custom to do the serving, so it is a fair inference that the husband did not leave his seat at the table to help himself to coffee, on the occasion of his fatal illness. No one but the wife being in the room with him, and it having been ascertained that she purchased the arsenic, hers was the exclusive opportunity to drop it into the cup—and the evidence against her is complete.
A case of this nature is not established by the deductive methods of a Lecocq, but by the patient labor of a score or a half score of detectives intelligently guided by their chief. The druggist who sold the poison was found after a canvas of perhaps three or four hundred apothecaries. The domestic strife in the victim's home was disclosed to the police by relatives of the husband, whose interests naturally conflicted with those of the wife. Other evidence was furnished reluctantly by the servants, and, through the collective efforts of all the detectives, the woman's crime has been reconstructed in a way calculated to convince the ordinary juror.
It was because Detective-Lieutenant Britz was endowed with a rare combination of talents that enabled him to direct the work of others, even while participating actively in the physical search for evidence, that he ranked as the foremost detective of the Central Office. Had he been merely a shrewd, capable, resourceful investigator, he could never have attained to his present eminence.
Britz occupied a position subordinate to Manning, but his reputation far exceeded that of the latter. And Manning, conscious of the value of his lieutenant, reserved his services for the more baffling mysteries which the Central Office from time to time was called upon to solve.
He was not jealous of Britz's reputation, for he was aware that the lieutenant did not aspire to the head of the bureau, would not have accepted the promotion had it been offered. As a subordinate Britz was relieved of all the routine which occupied so much of the chief's time, so that he could devote all his energies to the single case to which he was assigned.
Moreover, Manning by purely voluntary renunciation, exercised none of the supervision over Britz which his higher rank authorized. So that Britz having been given command of the Whitmore case, was at liberty to proceed with the investigation along his own lines.
On the morning following the escape of the butler with the documents which the detective had gathered in Beard's home, Britz was at his desk in Police Headquarters at eight o'clock. He had not troubled to search for the vanished servant, arguing that the man would be easily traced through his loyalty to Beard.
The first thing Britz did was to call up Dr. Henderson, the Coroner's physician.
"I am sending the police photographer to the autopsy on Whitmore," he said. "Please don't cut the body or probe the wound until he has taken a picture of the bullet hole. It is most important. Also, let me have a copy of your report on the autopsy as soon as possible."
Britz devoted the next hour to instructing his assistants in the work he required of them. To each man was assigned a definite object to achieve and he was sent forth to exercise all his resourcefulness toward a single end. The cleverest "shadows" in the department were set to watch the movements of those involved innocently or guiltily, in the merchant's death. Collins, the detective also favored with a "roper."
"Fanwell," said Britz to the man he assigned to "rope" Collins, "ingratiate yourself with him as quickly as possible. The subject is an easy mark for a convivial companion. You'll probably find him around the restaurants at night. Get an introduction and spend money freely. The gloom of tragedy doesn't cling long to a man like Collins, and even if it does, he'll try to dispel it with drink. Don't push him for information, but lead him on gently. Cunningham and O'Malley will be trailing him while you're roping."
Having set the secret machinery of the law in motion, Britz donned his coat and hat and entered Chief Manning's room.
"Chief," he said, disposing himself in a chair, "I've ordered the men to report to you on the Whitmore case."
The chief made no effort to hide his surprise.
"Not laying down on it, are you?" he asked.
"Not much," laughed Britz. "But I may be out of town a day or two."
"What is the status of the case?" inquired the chief.
"Chaotic," responded Britz. "But there are conflicting interests, and pretty soon I expect to bring them into violent conflict."
Chief Manning's eyes traveled down the front page of the newspaper lying open on his desk.
"I see the Coroner has sent Beard to the Tombs," he said. "There is no doubt in my mind that the woman, Julia Strong, committed suicide. And for the life of me I don't see just how you're going to connect Beard with the murder of his employer."
"I'm not responsible for Beard's arrest," declared Britz. "The Coroner ordered it on his own initiative."
"Shall we keep him in jail?" asked Manning.
"Yes, let him stay there for the present. He's an obstacle to the progress of the investigation, if not the actual murderer."
Again Manning studied the newspaper account of the crime.
"Confound it!" he exploded, crumpling the paper. "I've read every line printed about the case. I've talked with the Coroner and discussed the case with Greig for half an hour this morning. If it meant a seat in heaven for me, I couldn't offer a guess as to how the assassin got to Whitmore. That man came down to his office yesterday morning, greeting his employés with a smile, distributing the most kindly remarks. It can't be that two or three hours later all those men would join in a conspiracy to shield his murderer. And yet, if they didn't see him enter or leave and didn't hear a shot, how the devil did the assassin get in and out?"
Britz smiled indulgently on his chief.
"When I have examined an enlarged photograph of Whitmore's wound and studied the report of the autopsy, I'll answer your question. That part of the mystery gives me no concern. It solves itself. Moreover, the solution is so simple, you'll kick yourself for not having thought of it immediately."
Manning looked annoyed.
"Your confounded habit of never revealing anything until you're absolutely sure you're right is a damned nuisance," he blurted. "But I suppose it's useless to urge you to tell. I've got a headache trying to figure it out, but now I'll leave it to you."
"You may," Britz accepted the responsibility. "What we've got to ascertain is who committed the murder."
"And when we've done that, he'll bring thirty clerks forward to swear that no one entered Whitmore's room," said the chief, a note of sarcasm in his voice. "How are we going to obtain legal evidence, not deductions against him?"
"By first making sure which of the persons intimately connected with the case did NOT commit the murder, and accusing him or her of the crime."
Manning eyed the lieutenant dubiously.
"In other words, you're going to prepare a lamb for slaughter in the hope that the wolf will come forward and confess?" drawled the chief.
"Yes," acknowledged Britz.
"It's an established characteristic of wolves—saving the innocent lamb from slaughter, isn't it?" mocked Manning.
"This wolf may be a domesticated animal—or perhaps not a wolf at all."
"Suppose you find that Beard is the murderer?" the chief shot at the detective.
"Then we'll release him and lock up someone that isn't."
"That's a new way of capturing criminals—ascertaining who didn't commit the crime," frowned Manning. "Suppose you lock up an innocent party and the guilty one doesn't come forward to confess?"
"Then the others who have knowledge of the crime will squeal," answered Britz. "Persons of refinement may shield a murderer through selfish motives. But they don't permit an innocent person, especially if he or she be one of themselves, to perish."
"Well, have your own way," growled Manning, his sullen demeanor only partly concealing the admiration and affection which he entertained for his lieutenant. "What do you wish me to do?"
"Take charge of the case while I'm away."
"Shall I take any decisive steps if the facts warrant?"
"Chief, no one has ever disputed that you know your business," said Britz in frank sincerity. "Our methods may differ, but in the end we usually reach the same goal. So go right ahead as though I were out of the case."
Before leaving Manning's office, Britz sent for Greig and inquired whether it was Officer Muldoon who had taken Beard to the Tombs.
"Yes," replied Greig. "The Coroner turned the commitment papers over to him."
"Did Beard make any statement on the way to jail?"
"Not to Muldoon. But he telephoned to a lawyer named Luckstone."
"Very well. Now come with me."
After leaving Manning's office, Britz and Greig proceeded to the Federal Building. The Criminal Branch of the United States Circuit Court was in session and they made their way to the clerk's desk immediately beneath the judge's platform. Producing a photograph from his pocket, Britz showed it to the clerk.
"Do you recognize it?" he inquired.
The clerk studied the picture a long while.
"The features are somewhat familiar, but I can't place them," he finally said.
"Pass it up to the judge and see whether he recognizes it," requested Britz.
The judge returned the photograph with a negative toss of his head.
"Do you recall Arthur Travis?" asked Britz of the clerk.
A wave of recollection instantly swept across the clerk's mind.
"Sure," he replied. "Pleaded guilty to attempted post office robbery. Was sent away for two years and half. He's in the Federal prison at Atlanta now. And, by George! that picture resembles him slightly. Only Travis was the ordinary, shabby specimen we invariably get here."
"Who defended Travis?" inquired the detective.
"Tom Luckstone was his lawyer. But no defense was offered. The prisoner simply pleaded guilty."
"Thanks!" Britz returned the photograph to his pocket and started for the door. In the corridor Greig laid a detaining hand on Britz's elbow.
"Why—lieutenant—" he gasped,—"that was a photograph of Herbert Whitmore."
"Precisely," said Britz. "And we're going to hop on board the next train for Atlanta."
Three days later Britz and Greig returned from Atlanta. It had been a tiresome journey, fifty-five hours of the seventy-two having been spent in a Pullman coach. But the information which they had obtained kept their energies awake. So that when their train drew into the new Pennsylvania station at ten o'clock, they hastened through the illuminated corridors and out into the refreshing night air, with elastic steps and excitement in their eyes.
A telegram sent en route had kept Manning at his desk, awaiting his subordinates. He greeted Britz with unconcealed satisfaction, acknowledging at the same time that he had grown heartily tired of directing the Whitmore investigation.
"It is one awful mess," said he with a comprehensive shrug of his broad shoulders. "And it appears to be getting worse all the time!"
"Let me tell my story first," interrupted Britz. "Mine's an eye-opener!"
The three men disposed themselves in comfortable attitudes about the chief's desk, bit the ends off fresh cigars, and prepared for a long interchange of information.
"Well, I discovered where Whitmore spent the six weeks of his absence from business," began Britz.
"Where?" The chief's face lit with an expression of eagerness.
"In jail," said Britz, and for the life of him he was unable to smother the smile that struggled to his lips. "Right here in the city," he added. "In the Tombs."
"Well, I'll be hung!" In his astonishment, the chief could think of no adequate exclamation beyond the commonplace one which issued from his widely parted lips.
"Yes," pursued Britz, "Greig and I have been treated to a series of surprises—even now I haven't recovered entirely from my bewilderment."
"Well, go ahead and spring them," urged Manning. "They can't be much more astounding than the one I've bumped into."
"In the first place," said Britz, arranging in chronological order in his mind, the incidents which he was about to narrate, "the man that was captured trying to break into the post office at Delmore Park, was Herbert Whitmore. Judging from the statements of Julia Strong and the butler in the Whitmore house, it is obvious that Whitmore sent a letter to Mrs. Collins, with whom he was in love. Something transpired to make him regret having sent the note and he decided to steal it out of the post office. He was caught before he had succeeded in 'jimmying' the door, so that the letter must have been delivered at the Collins house. I take it, from the threats which Collins made against Whitmore, that he intercepted the note and that a lively scene between him and his wife followed.
"As for Whitmore, he did a most sensible thing. He kept his identity effectually concealed. Before arriving at the post office he had disguised himself in cheap, shabby clothes, so that when he was captured no one thought he was other than an ordinary burglar. At the police station, and subsequently in the Federal court, he gave his name as Arthur Travis. It was such an unusual name for a cheap post office burglar that I determined instantly there was some connection between the attempted robbery and Whitmore's murder.
"Ordinarily, we are both aware, the capture of an unimportant post office robber, would not be allotted more than a paragraph or two in the newspapers. As the banking investigation was occupying pages of space seven weeks ago, Travis's arrest was not even mentioned in most of the papers, while those that took note of it, buried the item on one of the inside pages.
"Whitmore, alias Travis, had the ablest lawyer in the city to advise him. Undoubtedly Tom Luckstone counseled him as to the manner in which he was to conduct himself in jail and in court so as not to arouse newspaper curiosity. Well, ten days before Whitmore returned to his death, he pleaded guilty and was sentenced to two years and a half in jail. And on the day before he returned to his business, a deputy marshal started with him for Atlanta."
"But how did he get away?" interrupted the chief. "There was nothing in the papers about an escape."
"Arthur Travis is in the Atlanta prison," said Britz. "But the prisoner isn't Herbert Whitmore."
The chief's eyes alternated between Britz and Greig, as if trying to read the explanation of the puzzling circumstances, in their faces.
"I don't quite get it," he acknowledged.
"Of course, the prisoner can't be Whitmore. He's dead. There's no doubt of that."
"Not the slightest," acquiesced Britz. "Yet Whitmore and Travis were one and the same person. Now what do you think occurred?"
"A substitution of prisoners," guessed the chief.
"Precisely," said Britz. "I sweated a confession out of the substitute. He's a poor, sorrowful creature, named Timson. Two weeks ago he was down and out, broke, jobless, starving. He was shuffling dejectedly along Broadway when a man tapped him on the shoulder and asked a few minutes' conversation with him. As Timson had nothing to lose but time, he offered no resistance when the stranger led him in the direction of a restaurant.
"'Here's a fifty-dollar bill just to show I mean business,' the host opened the conversation. Timson nearly went into hysterics at sight of the bill. 'Now tell me all about yourself—if you're the right man, I can put you in the way of a lot of money,' said the host. Well, Timson told all about himself and gave the stranger his address. Two days later he was sent for by a man named Beard. He visited Beard at his home, and there the scheme for the substitution of prisoners was unfolded.
"It seems that soon after Whitmore's arrest, Beard made a deal with the deputy marshal whereby the deputy was to receive fifty thousand dollars to permit the substitution to be made on board the train on the way to Atlanta. Of course, the warden of the prison had never seen Travis, hadn't the slightest idea what he looked like. But in order to be on the safe side, the deputy insisted that Beard get someone who resembled Whitmore, alias Travis, in general appearances. For a week Beard searched and finally lit on Timson. Although the resemblance between Timson and Whitmore is not sufficient to have fooled anyone who knew Whitmore, nevertheless a description of the merchant as he appeared in court, might easily pass for a description of the substitute.
"For one hundred thousand dollars Timson agreed to go to jail in place of Whitmore. The money was placed in trust for him, so as to net him an income of five thousand dollars a year for life. Beard found it comparatively easy to induce the man to fall in with the scheme. In the first place, Timson was that unhappiest of all living creatures, the middle-aged failure. So far as he could see, the future loomed dark and forbidding, his old age was to be attended by the most bitter poverty. Not being a drinking man and being cursed with an active imagination, his plight was doubly hard. Under the circumstances, it could make little difference to him whether he spent his remaining years in jail or the poor-house.
"He seized the opportunity which Beard offered. At the most he had two years and six months to serve. By good behavior he could reduce the term to a trifle less than two years. When he got out, his future comfort was assured. Five thousand a year looked colossal to him—in the most hopeful period of his advancing manhood he had never been able to earn above two thousand a year.
"The day before Whitmore started for prison the trust fund was established and the interest began to accumulate for Timson. So that on the day he leaves prison, he'll have ten thousand dollars with which to begin to enjoy life."
"That is, if he is not sent away for ten years for aiding and abetting the escape of Whitmore, alias Travis," interrupted the chief.
"Well, I sort of pity him," replied Britz. "The warden was present, of course, when he made the confession. Timson can get out of jail on a writ of habeas corpus. Of course, he'll be rearrested immediately and tried, with the deputy marshal, for having brought about the escape of the man that was sentenced to prison. However, if Timson can be of service to us in unraveling the Whitmore mystery, we might arrange with the Federal authorities to grant him immunity."
"Do you think we can use him?" inquired the chief.
"Yes, in fact we need him," replied Britz.
"It is certainly a most astounding state of affairs," mused Manning. "I suppose by this time the deputy marshal has cleared out."
"It doesn't concern us whether he has or not," said Britz. "His case is up to the Federal authorities."
"But when and where was the substitution made?" asked the chief.
"On board the train to Atlanta," Britz informed him. "Whitmore was handcuffed to the marshal when they left the Tombs. They occupied a stateroom on one of the through parlor cars. It is unusual for a deputy to engage a stateroom, or to permit his prisoner to engage one, but no law is violated by doing so. All that is required of the deputy is to deliver his prisoner at the jail and obtain a receipt for him.
"The substitute followed the deputy and the prisoner into the compartment, the handcuffs were slipped from Whitmore's wrist to Timson's, and, at Philadelphia, Whitmore left the train. It is now up to us to trace his movements from the time he alighted at Philadelphia until he walked to his death in his office."
A long interval of silence followed, in which the three men tried to appraise the precise value of the substitution of prisoners in its relation to Whitmore's untimely death. Whitmore had escaped prison only to meet a worse fate, and in less than twenty-four hours after his wrist was freed from the cold pressure of the steel bracelet.
"It was Beard who engineered the substitution," observed the chief.
"Yes," replied Britz.
"And to save Whitmore from prison he took a chance of going to jail."
"Evidently he stood ready with the deputy and the substitute to forfeit his liberty for the sake of his employer."
"But was he actuated by loyalty to Whitmore or did he have a sinister design of his own?" questioned Manning.
"That's for us to ascertain."
"And how are we going to do it?"
"By means of the man he hired as a substitute," declared Britz in positive tone.
"But how—how?" demanded Manning.
"That will depend on circumstances. Now I'm ready to hear the developments at this end."
Manning settled back in his chair with the relieved air of one about to discard an irksome burden. From a drawer of his desk he produced half a dozen long envelopes which he tossed to Britz.
"They contain all the reports of the men," said he. "You'd better go through them at your leisure to-night or to-morrow morning. It's useless to discuss the case further until you've familiarized yourself with them."
As they left Headquarters for their homes, the three men realized that despite the many developments of the case, they had, as yet, barely penetrated the surface. Every new discovery had only succeeded in adding further complications to the mystery. The evidence thus far was fragmentary, disconnected, throwing an uncertain light on the crime. The substitution of prisoners tended to involve Beard, yet it gave not the least hint of the motive that actuated the killing of Whitmore. Nor did it reveal how the crime was committed. That it would prove of importance, of vital significance in solving the crime, Britz believed implicitly. But, such are the complexities in all human things, that the possibility of error is never eliminated. And in a criminal investigation a single error may destroy every chance of success, just as a single error on the part of the criminal may destroy all the safeguards which he has so carefully thrown around him.
At the Seventy-second street station of the subway Britz bade his companions good night. Dismissing the Whitmore case and all other police business from his mind, he headed straight for his home, retired at once and fell into a deep sleep.
Fresh as the early morning dew that hung, a gentle, swaying silver mantle above the ceaseless currents of the North River, Britz awoke and for a long time permitted his eyes to feast on the restful picture offered by the now deserted Riverside Drive. Reluctantly he withdrew his gaze from the alluring vista that spread from his window—the graveled walks, the well-kept lawns sloping down to the stream, the wide stretch of shimmering water sending slanting shafts of silver against the rocky base of the opposite Palisades, and, in the dim distance, the softly undulating Jersey hills meeting the sky line in a wavy gray thread indistinctly outlined in the clearing mist.
Britz's salary was inadequate for an entire apartment on the Drive. But he could afford a large square room overlooking the Hudson in the apartment of a small family that understood the ways of their lodger and ministered to his comfort.
A cold shower shook the last vestige of lassitude out of the detective's system, and, after an ample breakfast prepared and served by the single servant of the house, Britz devoted himself to the reports which Manning had delivered to him the previous night.
For three hours he sat absorbed in silent study of the documents, occasionally jotting down a brief note on a pad of paper or inter-lining a paragraph which he regarded as having especial significance.
When he finished reading, he indulged in an additional hour of thoughtful contemplation, arranging in their proper sequence the meager facts which his men had discovered, and trying to draw from each bit of new evidence its true relation to the crime.
Meager, indeed, was the helpful knowledge contained in the voluminous reports of the men. Mrs. Collins had remained secluded in her home most of the time; Collins had forsaken his customary haunts and also clung desperately to the solitude of his Delmore Park mansion. Ward spent his days at his business and his nights at his home. But around Beard things were transpiring, although the detectives spying on him in the Tombs had been unable to acquaint themselves with the precise nature of the moves he was making to accomplish his release from prison.
No trace had been obtained of the butler who vanished with the documents which Britz had gathered in Beard's home. But of the servant's eventual capture Britz had not the slightest doubt. It was a safe guess that he would endeavor soon to communicate with Beard either in person or by letter, and the moment he did so he would reveal himself to the authorities.
Of the utmost importance, however, was the report of the Coroner's physician. The autopsy on Whitmore's body disclosed that the bullet which killed the merchant had entered the abdomen at the right side, traveled upward through the abdominal cavity, escaping the vital organs in its path until it reached the spleen, which it perforated. The bullet did not pass out of the body and was held by the Coroner as a gruesome exhibit, to be used against whomever might be accused of Whitmore's murder.
It was the path which the bullet had traveled that interested Britz. The absence of powder marks, the disappearance of the pistol with which the mortal shot was fired, effectually eliminated the theory of suicide. Yet, a man seated in a chair, and bent on self-destruction, might easily have inflicted the wound described by the Coroner's physician. Before arriving at any definite conclusion, however, as to the position of the assassin when he sent the bullet into Whitmore's body, the detective decided to study the enlarged photograph of the wound which he had ordered the official photographer to make.
He found the picture on his desk at Police Headquarters. Greig had preceded him by two hours to the building in Mulberry street, and was deep in the intricacies of the case when Britz summoned him. He entered the room, followed a moment or two later, by Manning.
"What do you make of it?" asked Britz, holding up the picture.
"Pretty jagged wound," commented Manning.
Britz produced a magnifying glass through which the three men examined the wound more critically.
"There are two perforations of the skin where the bullet entered," Britz pointed out. "Undoubtedly they were made by the needle which I picked off the floor of Whitmore's office."
"Well, what of that?" asked the chief.
"It confirms my belief that I have solved the mystery of how Whitmore was killed."
"I don't see it," snapped the chief. "If you do, why don't you enlighten us?"
"Because I can't be positive until I have more evidence," answered Britz, unmoved by the other's irritation. "However, I believe that before many days we shall have solved the entire case."
The conversation was interrupted at this juncture by the telephone bell. Britz lifted the receiver to his ear, made several replies in monosyllables, then returned the receiver to the hook.
"That was Watson up at Delmore Park," he informed the chief. "Says Josephine Burden is on her way to the Tombs to visit Beard."
"Josephine Burden!" echoed Manning in undisguised surprise. "The cotton king's daughter! Why, she's engaged to Lester Ward."
"She may be a messenger for Mrs. Collins, Ward's sister," suggested Greig.
"Whatever her mission, I'll soon know all about it," asserted Britz. "I'm going to the Tombs."
On the way to the big, gray City Prison, the detective tried vainly to account for Josephine Burden's appearance in the case. That only the most urgent reason would bring her to the Tombs at this critical stage of the case, was self-evident. The newspapers were devoting columns to it. The more enterprising yellow journals, whose investigations were conducted independent of the police, were hinting openly that George Collins ought to exchange places with Beard in prison. Every new figure in the mystery, every new development, was being exploited frantically in the press. Surely Josephine Burden was not braving the danger of unwelcome notoriety merely to deliver a message from Mrs. Collins, or Collins, or Ward. A less conspicuous messenger would have served them equally well. No. Josephine Burden was on her way to the prison for a reason intimately associated with herself, a compelling reason, one that conquered her innate dislike for the newspaper prominence which she was braving.
At the Tombs Britz held a brief conversation with the warden, after which he was conducted to a cell at the end of a tier, behind the barred door of which Beard must receive all his visitors save his lawyer. The detective seated himself on a small, round wooden stool, hidden from view by the heavy iron door of the cell. But every word of what was said by anyone standing in the corridor, would come to Britz's ears through the grating.
Half an hour after Britz was locked in the cell, an automobile drew up at the curb on the Center street side of the prison and a young woman alighted. Her slim figure was concealed beneath a long fur coat, her face shielded by a heavy automobile veil. She approached the guard behind the barred entrance to the jail with the timorous manner of persons making their first visit to such an institution.
"May I see Mr. Horace Beard?" she inquired weakly.
"Sure, if he'll see you," answered the doorman, unlocking and swinging open the broad portal.
She entered with a feeling of dread, as if the atmosphere of the place chilled and repelled her. It is always thus with persons visiting a jail for the first time. There is something sinister in the suggestions conveyed by the long, silent tiers of grated iron doors, something that strikes terror into the stoutest hearts.
A trusty carried her name to Beard and returned at the end of five minutes with the information that the prisoner was willing to see her.
As if further to rasp her refined sensibilities and shock her, she was escorted into a little side room and subjected to a thorough search at the hands of a stout, impassive matron. To Josephine Burden it seemed an unnecessary humiliation and she shrank inwardly from contact with those rough, though nimble hands.
Being unaccustomed to the peculiar etiquette of prisons, she was unable to appreciate how necessary is the precaution of searching all visitors. Even with the exercise of the utmost care, it is impossible to prevent the smuggling of weapons and other contraband to the prisoners.
Nothing to arouse the suspicion of the matron was found on Miss Burden and she was escorted to the tier on which Beard was confined. As she passed up the winding iron stairs and down the long corridors, catching glimpses of human faces peering anxiously through the grating of their cells, she could not help a feeling of pity for the poor wretches confined like wild animals in their iron cages.
To the ordinary curiosity seeker the spectacle is one which leaves a feeling of depression that abides with one like a frightful nightmare prolonged through the hours of wakefulness. What then must be the emotions of those, who, visiting the prison for the first time, behold one who is near and dear to them peering helplessly, with that look of mute appeal that is ever present in the eyes of unfortunate humans deprived of liberty, from behind the interposing bars of a gloomy cell?
The first flash which Josephine Burden obtained of the man she had come to visit, produced a feeling of horror not unmixed with revolt at the relentless cruelty of the steel bars through which she discerned his haggard face. Beard's form, dimly outlined against the steel door at the end of a long corridor, seemed to have gathered to itself the wan light that filtered through a narrow window at the right of the aisle, and taken on a gray, misty aspect, wraith-like and terrifying. She had come upon him abruptly, at the turn of the stairs, and for a moment she stood silent, overcome by a chaos of emotions.
If she expected the door to open she was disappointed, for the trusty simply withdrew half a dozen paces leaving the prisoner and his visitor to face each other and converse through the narrow space between the bars.
"I received your note," Beard broke the embarrassing silence, "and I can't tell you how much it cheered me."
She advanced nearer the door, and extending a gloved hand through the bars, permitted it to repose an instant in the prisoner's grateful palm.
"I had to come," she murmured, "although father went into a fury when I told him."
"And you came to cheer me—to tell me you believe in me?"
Something far deeper than mere gratitude shone in his eyes, and was reflected in the agitated countenance of the girl.
"I came to tell you that I broke my engagement to Lester Ward," she said in quivering voice.
Cautiously Britz peered at the couple through the iron grating of his cell. He noted the tremor which passed down Beard's form and the furtive caress which he bestowed on the visitor's hand. At the same time the girl lifted her veil, disclosing a finely molded face of flawless features, with a skin of exquisite paleness, and flashing brown eyes shaded by long, dark lashes. As she stood with fingers encircling the bars that interposed between her and Beard, her beautiful face took on a purposeful aspect, as of one suddenly possessed of a new and consuming interest in life.
The news which she had brought the prisoner cheered him perceptibly. But he regarded her as if even now he found it difficult to credit her with the courage she must have displayed in discarding the man whom she had promised to wed.
"How did it happen?" inquired Beard in a voice that betrayed his bewildered state of mind.
"You must have known, your instinct must have told you that I accepted him because of father's urging," she said. "Now that you are in trouble I don't fear to tell you that I wanted you all the time. When I read of your arrest I wanted to fly to you, to be near you, to sustain you. This morning I told father of my intention to break the engagement. And, do you know, he assented at once. But he went into a rage when I told him I was coming here, although he seemed perfectly pleased to have me break with Lester."
A person of duller intellect than Britz, from overhearing the conversation between Beard and the girl, would have discerned the romance in the lives of the couple. Had they revealed it in its most intimate detail, they could not have conveyed a better understanding of it than through the words uttered in this murky prison corridor. It was plain to Britz that Beard and Ward had been suitors for the girl's hand; that Ward's suit was successful through the favor which he found in the eyes of the girl's father. But now, when the man with whom she really was in love was in desperate straits, that love could no longer be diverted from its true channel, and, like an irresistible current that sweeps everything before it, it had carried her to the side of her endangered lover.
Materialists may find it difficult to distinguish between love and passion—may deny to their hearts' content the existence of any line of demarcation between them. But the true lover has no doubt on the subject. Love distinguishes itself from passion, through sacrifice. Passion is invariably selfish. Love never is.
Britz, recognizing instinctively the genuineness of the woman's love, passed over its ennobling aspect, to find therein a potent influence for the solution of the crime with which he was engaged. The girl had unconsciously revealed herself to him as a means to an end—that end being the discovery and punishment of the murderer of Herbert Whitmore.
Had Beard been an experienced criminal, he would have known that no walls have more ears, nor more delicately attuned ears, than prison walls. And that knowledge would have inspired a suspicion of the very bars against which he pressed his fevered face. But being without previous jail experience, he said in a voice as distinctly audible to Britz as if he had been talking directly to the detective,—
"Then you don't believe for a single instant the terrible accusation they have lodged against me?"
"No one who knows you can possibly believe it," she answered in a tone of conviction.
"Dearest," he said, adopting a confidential air, "I could leave this prison to-morrow were I so inclined. They haven't the least particle of evidence against me—they cannot have. Were I to force the issue they could not make out a case sufficient to justify my being held for the grand jury. I am staying here because I want to, because it is best that they should direct their efforts toward trying to prove me the murderer."
Britz, in the darkness of his cell, indulged in an amused smile. So this man was endeavoring to draw the fire of the police in order to save the guilty person! Here was a pretty drama of cross-purposes. Had Beard been sufficiently shrewd to see through the purpose of his detention, he would have submitted to his imprisonment with less complacency.
"You mean that you are offering yourself as a target in order to shield the guilty person?" she inquired incredulously.
"Precisely."
"But why?" she demanded.
"Because I conceive it to be Mr. Whitmore's wish."
"Mr. Whitmore!" exclaimed she, obviously puzzled. "You mean he asked you to?"
"No," acknowledged he. "But I know what must have been in his mind when he died. I know what he would have done, had he lived to do it. Dearest, I shouldn't have hesitated to sacrifice my own life for him. I was more like a son to him than a secretary. And had I been with him when he died, I know he would have imposed silence on me."
"Then the men in his office—they know the murderer and he asked them not to tell?" An expression of astonishment overspread her face.
"No," he answered. "They don't know. They've told the truth."
"Horace,"—her voice grew persuasive—"Horace, you mustn't think of yourself alone now. I can't bear to think of you imprisoned in this place. For my sake you must leave it and clear yourself of this accusation."
He shook his head sadly.
"If you knew all the circumstances you'd approve my course."
"But I don't know them—and it's torturing me." For the first time her features showed the anguish she was suffering. He saw and was moved.
"Listen!" His eyes searched the corridor and the adjoining cells. Seeing no one but the indifferent trusty who was too far away to overhear, Beard continued: "Mr. Whitmore loved Mrs. Collins, as you already know. Were scandal to break over her head—if I did not sacrifice myself to prevent it—it would be the vilest ingratitude to an employer whose memory I venerate."
"Then you are protecting Mrs. Collins?" Her frame throbbed with the conflict of agonized emotions. "Mrs. Collins!" she repeated, as if afraid that he had misunderstood.
"Yes," he answered resignedly. "I know I am doing precisely what Mr. Whitmore would have asked, me to do. And now, dear, please don't press me farther. I can't tell you more—not at this time. When all this shall have been forgotten, when Mr. Whitmore's death ceases to occupy the public and the police, then I'll tell you everything."
When two hearts charged with love begin to exchange confidences, it is impossible to foretell what revelations will be forthcoming. And the chances are that had Beard been allowed sufficient time, he would have unburdened himself of the heavy load that was pressing on his heart. But unfortunately for Britz, the hour for exercising the prisoners confined on the tier had arrived, and a deputy warden cut short the interview between Beard and Miss Burden. She was escorted to the street, while Beard joined the other inmates for a half hour of exercise and fresh air in the courtyard.
With Beard's intimation of Mrs. Collins's complicity in the murder reiterating itself in his mind, Britz left the Tombs and proceeded toward the Federal Building. The detective had seen, had interviewed Mrs. Collins. It was impossible to reconcile her artless, engaging personality with an impulse so base as to lead to murder.
Besides, Beard's remarks were open to more than one interpretation. It was entirely possible that he was endeavoring to shield her name from the befouling suspicion of having yielded to Whitmore, a suspicion which the general public would be quick to convert into an unalterable belief, once it learned that she had transferred her love from her husband to the slain merchant. Should the murderer be discovered and brought to trial the dissensions in the Collins household would be paraded unsparingly in the public press. Innocent as the relations between Whitmore and Mrs. Collins were, they would take on a guilty aspect in the eyes of a world that is ever ready to discern its own debasing impulses reflected in the conduct of one who has been regarded hitherto as unstained.
Reviewing all the circumstances of the case, Britz concluded that Beard's statement was not to be accepted as an intimation of Mrs. Collins's guilt. For, had he not accused Collins in even stronger terms in the very presence of his murdered employer?
It was not to be forgotten, too, that a favorite dodge of guilty persons is to adopt the pose of a martyr. And, in lieu of an adequate defense, to create a favorable doubt by insinuating that they are accepting punishment in order to shield a woman. When artfully worked, this deceit may always be relied upon to create undeserved sympathy.
Were there nothing else to absolve Mrs. Collins from the suspicion that she was responsible for Whitmore's death, the absence of motive would have proclaimed her innocence. She loved him. She was ready to discard her husband for him. She and her brother were looking to him to save them from financial ruin. No, she had nothing to gain and everything to lose by the merchant's death.
With this conclusion fixed in his mind, Britz arrived at the office of the United States District Attorney.
"Where is the deputy who took the convict, Arthur Travis, to Atlanta?" he inquired.
Wells, the district attorney, smiled musingly.
"Resigned day before yesterday," he replied. "Said a relative had left him a fortune and he was going on a long trip for his health."
Britz proceeded to enlighten the district attorney as to the real reason for the deputy's departure. He related all the circumstances that led up to the substitution of prisoners, Wells listening with growing amazement. When Britz finished, the district attorney regarded him an instant, incredulity engraved on his face.
"I can't believe it," he said. "And yet, lieutenant, I don't doubt your word an instant."
"You'll be able to ascertain the facts for yourself," pursued Britz. "What I am here for is to ask your help in solving the Whitmore case. Of course, you'll prosecute the deputy if you ever find him. But I want you to arrange things so that I can promise immunity to the substitute. His real name is Timson. I'm going to wire a lawyer in Atlanta to get him out of jail on a writ of habeas corpus. Now, it is more important that we land the murderer of Herbert Whitmore than that you should send Timson to jail for aiding in the escape of a man who was killed within a day after obtaining his freedom. As for Beard who engineered the deal, I doubt whether you can convict him. It will be a case of Timson's word against Beard's and, since it is impossible to obtain corroborating evidence, the judge will have to charge the jury to acquit Beard. But with Timson up here to be used as a club, I think I can force Beard to tell what he knows of the killing of his employer."
"Well, go ahead and obtain your writ of habeas corpus for the substitute. I'll communicate with the Attorney-General in Washington and see whether he'll agree to the immunity proposition," said Wells.
From the Federal Building Britz went to the financial district to look up Ward. A plan of action was forming in his brain, shaping itself as molten lead shapes itself to the mold. If Horace Beard was stained with Whitmore's blood, there was one man who could be made to direct the finger of accusation against him. One man there was in whose heart bitterness and rancor could be aroused against the merchant's secretary.
Beset by financial difficulties, deserted by the girl to whom he was engaged, Lester Ward would be an easy prey to the acute mind and provoking methods of the experienced detective. If jealousy can inspire hatred, then Ward must feel toward his successful rival all the ferocious hatred of a man resenting a great deprivation. And that vengeful passion must not be permitted to expend itself in profitless inward torture. It was a potent force for Britz's dexterous hands to manipulate, a destructive fury that should annihilate Beard—if Beard was the slayer of Herbert Whitmore.