Both Britz and Manning were skilled in the art of concealing their
emotions. Their brains might be working furiously, their hearts
throbbing with excitement, they might be laboring under the greatest
stress of mind, yet they were able to command a placid exterior,
unruffled as polished ivory.
Their conduct as they entered the Police Headquarters the following
morning gave no suggestion of the strain which they were undergoing.
Their faces reflected none of the anxious expectancy with which they
looked forward to the enactment of the great climax in the Whitmore
case.
But the trained newspaper man, as well as the skilled police officer, is
endowed with a peculiar instinct by which he seems to detect, without
apparent reason, the presence of impending excitement. He seems to smell
it in the air. So that even before Britz began issuing instructions to
his men and sending them scurrying out of the building, the reporters at
Police Headquarters appeared to know that something of the utmost
importance was about to transpire.
That it concerned the Whitmore case became evident when Mrs. Collins was
escorted to the building and ushered into Britz's office. She was
followed in a few minutes by Collins, Ward and Beard, all of whom had
been summoned by Britz.
Next, Luckstone was seen to jump out of an automobile and tear up the
steps as if afraid that his ultimate fate depended on the moments
required to reach his clients. Finally Coroner Hart entered the
building, and was immediately accosted by the reporters.
"What's coming off?" they inquired.
"I don't know myself," he said truthfully. "Britz seems to think
something's going to happen."
It was ten o'clock precisely when Britz, Manning, Greig and the coroner
passed from the chief's office into the room in which the suspects in
the Whitmore mystery were gathered. They found Luckstone in command of
the situation.
"What does this mean?" he demanded, advancing toward Britz's desk.
"It means that the coroner is about to resume his preliminary inquiry
into the death of Herbert Whitmore," the detective informed him.
"And have I been summoned here as a witness or as counsel to the
accused?"
"As counsel, of course," said Britz.
"Then as the attorney for Mrs. Collins and as the legal adviser of the
other witnesses I wish to inform you that this proposed examination is
utterly useless. I have instructed my clients not to answer any
questions."
Britz's eyes swept the faces of the witnesses in a look of sharp
scrutiny. He found Mrs. Collins outwardly composed. The dark rings about
her eyes betrayed a night of sleeplessness, but otherwise she looked as
fresh as if she had just stepped out of her private boudoir, instead of
a narrow, stuffy cell in the woman's wing of the Tombs. Evidently she
had prepared herself for a great test and had summoned all the stubborn
courage of one resigned to suffering, yet who meant to hide her agony
from the eyes of the world.
Of the others, Collins appeared to be the most uneasy. He looked almost
frightened. From time to time his gaze fixed itself on the face of his
wife, but she kept her eyes averted. Only a slight constraint of manner
exposed Ward and Beard's diminishing self-control.
"Since the witnesses have been cautioned to remain silent," said Britz,
addressing the coroner, "and as they appear resolved to stay mute, we
cannot escape the conviction that they have knowledge of the
circumstances surrounding the murder of Mr. Whitmore. At present Mrs.
Collins is the only prisoner. She is accused as an accessory to the
crime. We have ample evidence to establish our case against her. We know
of her relations with the deceased. We know, furthermore, that the
failure of her brother's bank spelled financial ruin for her, for
Collins and for Ward. All three must have been aware that the failure
was imminent--that it was inevitable. So Collins, pretending that the
sanctity of his home had been violated, went around threatening to kill
Whitmore. Of course, it was a shallow pretense, designed to conceal the
conspiracy between him, his wife and Ward to obtain possession of
Whitmore's estate. We have the weapon with which Whitmore was killed. We
have fastened its ownership on Collins. The evidence against him is
sufficient to send him to the electric chair. We also have ample
evidence with which to convict Mrs. Collins and Ward as accessories
after the fact--the law is very plain concerning the concealment of
evidence. But I am about to lay a graver charge against them. I have a
letter written by Ward in which he implores Whitmore to extend financial
assistance to him. Mrs. Collins joined in writing that letter, and,
moreover, after the murder, I found her in Beard's home endeavoring to
obtain possession of the note. With that letter and other evidence which
I have gathered, I am prepared to accuse Mrs. Collins and Ward as
accessories _before_ the fact. Against Collins I am ready to present a
charge of murder in the first degree."
The accused persons looked gravely at their lawyer. But he remained
entirely unperturbed, not even vouchsafing a mild protest against the
detective's direct accusations.
It was the coroner who broke the silence.
"Then as I understand it," he said, "you wish me to commit Collins on a
charge of first degree murder, and Mrs. Collins and Ward as accessories
before the fact?"
"Precisely," answered the detective.
"Of course, I don't want to take so drastic a step unless I am
compelled." The coroner shook his head dubiously. He had been primed by
Britz and was following the part which he had been directed to play. "As
the evidence stands, I can see no other course to pursue. But I'm not
going to commit anyone on such a terrible charge simply because the
police request it. Nor shall I ask Mrs. Collins, Collins or Ward a
single question, for anything they say may be used against them. But if
Mr. Luckstone cares to present any facts tending to establish the
innocence of the accused, I am ready to listen and to give due
consideration to anything that he might offer."
The judicial attitude adopted by the coroner surprised and gratified the
lawyer. Evidently here was a conscientious official who was not to be
precipitated into hasty action at the behest of the police.
"Coroner," said the lawyer, moving his chair forward, "this police
officer has been endeavoring to create an atmosphere of guilt about my
clients. But in this age prosecutors are compelled to offer something
more substantial than atmosphere on which to base their accusations. I
realize fully the gravity of the situation as regards my clients. They
are absolutely innocent and there will be no difficulty in establishing
their innocence before a jury. But we are not anxious to proceed to a
public trial, with all the useless suffering which it must entail. In my
experience before the bar I have found coroners and committing
magistrates invariably predisposed toward the police. They will commit
on the flimsiest kind of evidence, content to leave the judicial
determination of the case to the higher courts. But the law invests you
with a wide discretion in homicide cases. And if you are prepared to
scrutinize the evidence carefully before accepting the accusations made
by Lieutenant Britz, then I believe I can convince you in short order
how absolutely baseless his charges are."
"I have no desire to commit an innocent man or woman to prison,"
answered the coroner. "I am not an agent of the police. I am a judicial
officer and as such I am prepared to protect the innocent to the limit
of my powers."
Britz had so arranged the chairs in his office as to compel those in the
room to resolve themselves into two separate groups, like opposing sides
in a judicial proceeding. Behind the detective's flat-top desk sat the
coroner, while about him were ranged Britz, Manning and Greig. Facing
the desk, at a distance of a dozen feet, sat Mrs. Collins, Ward, Beard
and Collins, with Luckstone occupying a chair in the middle.
The sincerity of tone in which the coroner expressed his willingness to
consider the evidence of both sides, encouraged the lawyer to proceed.
"Mr. Whitmore was found dead in his office at the hour when his clerks
prepared to go to lunch," he began, in the tone of an advocate
addressing a high tribunal on a question of law, rather than of fact.
"It has been established beyond question that he arrived at his office
between nine and ten o'clock, and that he did not leave his office all
morning. It is also a matter of common knowledge that he had no visitors
that morning, and the twenty or thirty clerks in the outer office have
all sworn that they heard no shot fired and saw no one enter or leave
Mr. Whitmore's private room. Now I do not pretend to offer any
explanation as to how Mr. Whitmore was killed. But I do maintain that
the accusing police officer should be asked to tell how the alleged
murderer got to his victim."
"I am not prepared to go into that as yet," Britz interrupted.
"But you mean to imply that you have a satisfactory explanation to
offer?" questioned the lawyer.
"That phase of the case gives me no concern," Britz replied curtly. "It
is a minor feature of this investigation."
A shade of anxiety passed over the lawyer's face as he noted the
coolness with which the detective dismissed what was generally regarded
as the most puzzling feature of the entire case. It occurred to him,
however, that the detective might be indulging in the favorite police
game of bluff--that his easy dismissal of one of the most important
features of the mystery was but a sham, a pretense designed to cover his
ignorance.
"If you regard the matter so lightly, why don't you disclose your
knowledge to the coroner?" he taunted the detective.
"Perhaps he has already done so," the coroner interjected. "At any rate
it is self-evident that somebody _did_ get to Whitmore and that Whitmore
was killed by a bullet wound."
"Very well," said the lawyer, accepting the suggestion. "It is none of
my affair, nor does it concern my clients, how the assassin managed to
enter and leave Mr. Whitmore's office without being seen by the clerks.
The point is, that Collins wasn't within fifteen miles of Mr. Whitmore's
office on the day Mr. Whitmore was found dead. And the same circumstance
of remoteness from the scene of the crime, absolves Mrs. Collins, Mr.
Ward and Beard from participation in the crime."
The lawyer shot an exultant glance at Britz, a glance that adequately
conveyed the conviction that he had shattered the entire case against
his clients.
Coroner Hart glanced inquiringly from Britz to Chief Manning, as if
waiting for some cue.
"Does Mr. Luckstone mean he's got an alibi for all his clients?" Manning
said experimentally.
"You caught my meaning precisely." The lawyer smiled confidently at the
officials. "Moreover, Mr. Coroner, I shall not hesitate to disclose the
nature of our alibis. The police may investigate them and we shall lend
all the assistance in our power."
"Of course, there can be no better defense than an alibi," commented the
coroner.
"Here are the facts," Luckstone proceeded eagerly. "On the day of the
crime, Mr. Collins did not leave his home. Neither did Mrs. Collins. All
the servants will bear us out in that. But we have other disinterested
witnesses who called at Mrs. Collins's house at various times during the
morning and who saw both Mr. and Mrs. Collins in the house. There is the
employé of the lighting company who came to read the electric meter, two
employés of a vacuum cleaning company whose names you may have, and the
canvasser for a magazine who came to solicit a subscription. I have no
hesitancy in giving you their names, so you may question them privately.
"As for Mr. Ward and Mr. Beard, their alibis are equally strong. Mr.
Ward took the eight-twenty train at Delmore Park, as was his daily
custom. He was seen by the station agent and the conductor. Moreover,
seven other residents of Delmore Park were in the same coach, and all of
them are prepared to testify in Mr. Ward's behalf. His movements after
arriving at Grand Central Station fortunately came under the observation
of disinterested witnesses. He rode downtown with two of his Delmore
Park friends, and one of them accompanied him to the door of the bank.
All the employés of the institution are prepared to testify that Mr.
Ward did not leave his office until two o'clock."
The lawyer paused to note the impression of his words on the coroner.
That official was listening intently, fully cognizant of the weighty
import of the attorney's statement.
"Is it necessary to supply an alibi for Mr. Beard?" Luckstone inquired,
as if under the impression that the secretary had been eliminated from
the case.
"If he has one you may as well outline it," the coroner replied.
The lawyer complied without further urging.
"Mr. Beard spent the entire morning in the vaults of a safety deposit
company whose name Lieutenant Britz already has. He was at all times
under the observation of the company's watchman."
With the air of one who has succeeded in establishing his case beyond
possibility of doubt, the lawyer sat down. The faces of the coroner, the
chief and Greig were cast in an expression of grave apprehension. The
frankness with which Luckstone had revealed the evidence on which he
based his alibis could leave no doubt that the witnesses would confirm
all he had said. And against such a downpour of disinterested evidence
the police could not hope to sustain their case.
Britz had listened to Luckstone's recital with impassive countenance.
Now, however, it was to be observed that the lines about his mouth
tightened, that his forehead contracted, while his eyes darted points of
fire.
"Do you want to investigate their alibis?" asked the coroner.
"No," snapped Britz.
"Why not?"
"Because it isn't necessary."
"Then you accept them?"
"Yes--without question."
"But if none of the accused was within miles of Whitmore's office on the
morning in question, how do you connect any of them with the actual
commission of the crime?"
Britz rose and took up a position at the side of the desk, where he
could see every fleeting emotion that might cross the faces of all the
others in the room. His form stiffened to military erectness, his face
took on the purposeful aspect of a man about to carry to fruition plans
which he had long nourished in secret. And as the others gazed on him,
the conviction forced itself on them that here was a man who would
pursue whatever course he had in mind, pitilessly, relentlessly, through
whatever wilderness of lies and deceit it might lead. A cold silence
fell on them, as if they had been suddenly chilled by the frigid
attitude of the detective.
"Coroner, the alibis which Mr. Luckstone presented are worthless," the
detective said in a subdued voice that nevertheless penetrated his
hearers like an icy wind.
"You mean they are manufactured?" blurted the coroner.
"No--they are true. But they have no bearing on the murder."
"What!" The coroner shot a searching glance at Britz. "If none of the
suspects was at Whitmore's office, how could any of them have killed
Whitmore?"
"Mr. Whitmore was not killed in his office," said Britz firmly. "He was
shot the night before."