CHAPTER VII

The Empty Cartridges

Stephen Sheppard, big game shot and all-around sportsman, lay tensely

on his side in bed, watching for the sun to rise out of Lake Michigan.

When the first crest of that yellow rim would push clear of the grim,

gray horizon stretching its great, empty half circle about the Chicago

shore, he was going to make a decision—a decision for the life or for

the death of a young man; and as he personally had always cared for

that man more than for any other man so much younger, and as his

niece, who was the chief person left in the world that Sheppard loved,

also cared for the man so much that she would surely marry him if he

were left alive, Sheppard was not at all anxious for that day to

begin.

The gray on the horizon, which had been becoming alarmingly pale the

last few moments as he stared at it, now undeniably was spread with

purple and pink from behind the water’s edge. Decide he must, he knew,

within a very few minutes or the rising sun would find him as

faltering in his mind as he was the night before when he had given

himself till daybreak to form his decision. The sportsman shut his

teeth determinedly. No matter how fruitless the hours of darkness when

he had matched mercy with vengeance; no matter how hopeless he had

found it during the earlier moments of that slow December dawn to say

whether he would recognize that his young friend had merely taken the

law into his own hands and done bare justice, and therefore the past

could be left buried, or whether he must return retribution upon that

young man and bring back all that hidden and forgotten past—all was no

matter; he must decide now within five minutes. For it was a

sportsman’s compact he had made with himself to rise with the sun and

act one way or the other, and he kept compacts with himself as

obstinately and as unflinchingly as a man must who has lived decently

a long life alone, without any employment or outside discipline.

Now the great, crimson aurora shooting up into the sky warned him that

day was close upon him; now the semi-circle of gray waters was

bisected by a broad and blood red pathway; now white darts at the

aurora’s center foretold the coming of the sun. He swung his feet out

of bed and sat up—a stalwart, rosy, obstinate old man, his thick,

white, wiry hair tousled in his indecision—and, reaching over swiftly,

snatched up a loose coin which lay with his watch and keys upon the

table beside his bed.

“I’ll give him equal chances anyway,” he satisfied himself as he sat

on the edge of the bed with the coin in his hands. “Tails, he goes

free, but heads, he—hangs!”

Then waiting for the first direct gleam of the sun to give him his

signal, he spun it and put his bare foot upon it as it twirled upon

the floor.

“Heads!” He removed his foot and looked at it without stooping. He

pushed his feet into the slippers beside his bed, threw his

dressing-gown over his shoulders, went directly to the telephone and

called up the North Side Police Station.

“I want you to arrest Jim Tyler—James Tyler at the Alden Club at

once!” he commanded abruptly. “Yes; that’s it. What charge? What do I

care what charge you arrest him on—auto speeding—anything you

want—only get him!” The old sportsman spoke with even sharper brevity

than usual. “Look him up and I’ll come with my charges against him

soon enough. See here; do you know who this is, speaking? This is

Steve Sheppard. Ask your Captain Crowley whether I have to swear to a

warrant at this time in the morning to have a man arrested. All right!

“That starts it!” he recognized grimly to himself, as he slammed down

the receiver. The opposition at the police station had given the

needed drive to his determination. “Now I’ll follow it through.

Beginning with that fellow—Trant,” he recollected, as he found upon

his desk the memorandum which he had made the night before, in case he

should decide this way.

“Mr. Trant; you got my note of last night?” he said, a little less

sharply, after he had called the number noted as Trant’s room address

at his club. “I am Stephen Sheppard—brother of the late Neal Sheppard.

I have a criminal case and—as I wrote you I might—I want your help at

once. If you leave your rooms immediately, I will call for you at your

office before eight; I want you to meet a train with me at

eight-thirty. Very well!”

He rang for his man, then, to order his motor and to tell him to bring

coffee and rolls to his room, which he gulped down while he dressed.

Fifteen minutes later he jumped onto the front seat of his car,

displacing the chauffeur, and himself drove the car rapidly down town.

A crisp, sharp breeze blew in upon them from the lake, scattering dry,

rare flakes of snow. It was a clear, perfect day for the first of

December in Chicago. But Stephen Sheppard was oblivious to it. In the

northern woods beyond the Canada boundary line the breeze would be

sharper and cleaner that day and smell less of the streets and—it was

the very height of his hunting season for big game in those woods! Up

there he would still have been shooting, but as the papers had put it,

“the woods had taken their toll” again this year, and his brother’s

life had been part of that toll.

“Neal Sheppard’s Body Found in the Woods!” He read the headlines in

the paper which the boy thrust into his face, and he slowed the car at

the Rush Street bridge. “Victim of Stray Shot Being Brought to

Chicago.” Well! That was the way it was known! Stephen Sheppard

released his brake, with a jerk; crossed the bridge and, eight minutes

later, brought up the car with a sharper shock before the First

National Bank Building.

He had never met the man he had come to see—had heard of him only

through startling successes in the psychological detection of crime

with which this comparative youth, fresh from the laboratory of a

university and using methods new to the criminals and their pursuers

alike, had startled the public and the wiser heads of the police. But

finding the door to Trant’s office on the twelfth floor standing open,

and the psychologist himself taking off his things, Sheppard first

stared over the stocky, red-haired youth, and then clicked his tongue

with satisfaction.

“It’s lucky you’re early, Mr. Trant,” he approved bluffly. “There is

short enough time as it is, before we meet the train.” He had glanced

at the clock as he spoke, and pulled off his gloves without ceremony.

“You look like what I expected—what I’d heard you were. Now—you know

me?”

“By reputation, at least, Mr. Sheppard,” Trant replied. “There has

been enough in the papers these last two weeks, and as you spoke of

yourself over the telephone just now as the brother of the late Neal

Sheppard, I suppose this morning’s report is correct. That is, your

brother has finally been found in the woods—dead?”

“So you’ve been following it, have you?”

“Only in the papers. I saw, of course, that Mr. Neal Sheppard was

missing from your hunting party in Northern Ontario two weeks ago,”

Trant replied. “I saw that you had been unable to find him and had

given him up for drowned in one of the lakes or dead in the woods, and

therefore you had come home the first of the week to tell his

daughter. Then this morning I saw Mr. Chapin and your guide, whom you

had left to keep up the search, had reported they found him—killed,

apparently, by a stray shot.”

“I see. I told Chapin to give that out till he saw me, no matter how

he found him.” Sheppard tossed his fur cap upon Trant’s flat-topped

desk before him and slapped his heavy gloves, one after the other,

beside it.

“You mean that you have private information that your brother was not

shot accidentally?” Trant leaned over his desk intently.

“Exactly. But I’ve not come to mince matters with you, Trant. He was

murdered, man,—murdered!”

“Murdered? I understand then!” Trant straightened back.

“No, you don’t,” his client contradicted bluntly. “I haven’t come to

ask you to find the murderer for me. I named him to the police and

ordered his arrest before I called you this morning. He is Jim Tyler;

and, as I know he was at his club, they must have him by this time.

There’s mighty little psychology in this case, Trant. But if I’m going

to hang young Jim, I’m going to hang him quick—for it’s not a pleasant

job; and I have called for you merely to hear the proofs that Chapin

and the Indian are bringing—they’ve sent word only that it is murder,

as I suspected—so that when we put those proofs into the hands of the

state’s attorney, they can finish Jim quick—and be done with it!”

“Tyler?” Trant leaned quickly toward his client again, not trying now

to conceal his surprise. “Young Tyler, your shooting-mate and your

partner in the new Sheppard-Tyler Gun Company?”

“Yes, Tyler,” the other returned brusquely, but rising as he spoke,

and turning his back upon the pretext of closing the transom. “My

shooting-mate for the last three years and I guess he’s rather more

than my partner in the gun company; for, to tell the truth, it was for

him I put up the money to start the business. And there are more

reasons than that for making me want to let him go—though he shot my

brother. But those reasons—I decided this morning—are not enough this

late in the day! So I decided also to hold back nothing—to keep back

nothing of what’s behind this crime, whoever it hurts! I said I

haven’t come to mince matters with you, Trant. Well—I shan’t!”

He turned back from the transom, and glanced once more swiftly at the

clock.

“I shall be very glad to go over the evidence for you, Mr. Sheppard,”

Trant acquiesced, following the older man’s glance; “and as you have

come here half an hour before we need start to meet the train—”

“Just so,” the other interrupted bluntly. “I am here to tell you as

much as I am able before we meet the others. That’s why I asked you if

you knew me. So now—exactly how much do you know about me, Trant?”

“I know you are a wealthy man—a large holder of real estate, the

papers say, which has advanced greatly in value; and I know—this is

from the papers too—that you belong to a coterie of men who have grown

up with the city,—old settlers of thirty years’ standing.”

“Quite right. Neal and I came here broke—without a cent, to pick up

what we could in Chicago after the fire. And we made our fortunes

then, easy—or easily, as I’ve learned to say now,” he smiled to

himself grimly, “by buying up lots about the city when they were cheap

and everybody scared and selling them for a song, and we had only to

hold them until they made us rich. I am now a rich old bachelor,

Trant, hunting in season and trap-shooting out, and setting up Jim

Tyler in the gun business between times. The worst that was said about

Neal was his drinking and bad temper; for Leigh, his daughter, goes as

well as anybody else in her circle; and even young Jim Tyler has the

run of a dozen clubs. That’s all good, respectable and satisfactory,

isn’t it? And is that all you know?”

“That’s all,” replied Trant curtly.

“Never heard of Sheppard’s White Palace, did you? Don’t know that when

you speak to one of those old boys of thirty years ago—the coterie,

you called them—about Mr. Stephen Sheppard, the thought that comes

into his head is, ‘Oh! you mean Steve Sheppard, the gambler!’ Thirty

years ago, more or less, we were making our money to buy those lots in

a liquor palace and gambling hell—Neal and I and Jim Tyler’s

father—old Jim.”

“There were more than just Neal and old Tyler and me, though,” he

burst on, pacing the length of the rug beside Trant’s desk and not

looking at his consultant at all. “There were the Findlays

besides—Enoch, who was up in the woods with us, he gets his picture in

the paper every six months or so for paying a thousand dollars for a

thousand-year-old cent piece; and Enoch’s brother, and Chapin, whom

we’re going to meet in a few minutes. We ran a square game—as square

as any; understand that! But we had every other devilment that comes

even to a square gambling house in a wide open town—fights, suicide,

and—murder.”

He broke off, meeting Trant’s quick and questioning glance for a

fraction of an instant with a steely glitter of his gray-green eyes.

“Sure—murder!” he repeated with rougher defiance. “Men shot themselves

and, a good deal oftener, shot each other in our house or somewhere

else, on account of what went on there. But we got things passed up a

deal easier in those days, and we seldom bothered ourselves about a

little shooting till—well, the habit spread to us. I mean, one night

one of us—Len Findlay it was—was shot under conditions that made it

certain that one of us other five—Tyler, or Chapin, or Enoch Findlay,

his brother, or Neal, or I, must have shot him. You see, a pleasant

thing to drop into our happy family! Made it certain only to us, of

course; we got it passed up as a suicide with the police. And that

wasn’t all; for as soon afterward as it was safe to have another

‘suicide,’ old Jim Tyler was shot; and this time we knew it was either

Enoch Findlay or—I told you I wouldn’t mince matters—or Neal. That

broke up the game and the partnership—”

“Wait, wait!” Trant interrupted. “Do you mean me to understand that

your brother shot Tyler?”

“I mean you to understand just what I said,” the old man’s straight

lips closed tightly under his short white mustache; “for I’ve seen too

much trouble come out of just words to be careless with them. Either

Enoch or Neal shot Jim; I don’t know which.”

“In retaliation, because he thought Tyler had shot Len Findlay?”

“Perhaps; but I never thought so, and I don’t think so now,” Sheppard

returned decisively. “For old Jim Tyler was the least up to that sort

of thing of any of us—a tongue-tied, inoffensive old fellow—and he was

dealer in our games; but outside of that Jim didn’t have nerve enough

to handle his own money. But for some reason Neal seemed sure it was

old Jim who had shot Len, and he made Enoch Findlay believe it, too.

So, no matter who actually fired the bullet, it was Neal. Well, it was

up to me to look after old Jim’s widow and his boy. That was

necessary; for after Jim was dead, I found a funny thing. He had taken

his share with the rest of us in the profits of the game; and the rest

of us were getting rich by that time—for we weren’t any of us

gamblers; not in the way of playing it back into the game, that is;

but though I had always supposed that Jim was buying his land like the

rest—and his widow told me so, too—I found nothing when he was dead!”

“But you implied just now,” Trant put in again quickly, “that Tyler

might have had someone else investing for him. Did you look into that

at the time?”

“Yes; I asked them all, but no one knew anything. But we’re coming to

that,” the old man answered impatiently. “I wanted you to see how it

was that I began to look after young Jim and take an interest in him

and do things for him till—till he became what he was to me. Neal

never liked my looking after the boy from the first; we quarreled

about it time and again, and especially after young Jim began growing

up and Neal’s girl was growing up, too; and a year or so ago, when he

began seeing that Leigh was caring for young Jim more than for anyone

else, in spite of what he said, Neal hated the boy worse. He forbade

him his house; and he did a good many other things against him, and

the reason for all of it even I couldn’t make out until this last

hunt.”

The old sportsman stood still now, picked up his fur cap and

thoughtfully began drawing on his big gloves.

“We had gone up this year, as of course you know from the papers, into

the Ontario reserve, just north of the Temagami region, for deer and

moose. The season is good there, but short, closing the middle of

November. Then we were going to cross into Quebec where the season

stays till January. Young Jim Tyler wasn’t with us, for this hunt was

a sort of exclusive fixture just for the old ones, Neal and I, Findlay

and Chapin. But this time, the second day in camp, young Jim Tyler

comes running in upon us—or rather, in on me, for I was the only one

in camp that day, laid up with a bad ankle. He had his gun with him,

one of our new Sheppard-Tylers which we were all trying out for the

first time this year. But he hadn’t followed us for moose. He’d come

to see Neal. For the people that had bought his father’s old house had

been tearing it down to make room for a business building, and they’d

found some papers between the floors which they’d given to young Jim,

and that was what sent him after us, hot after Neal. He showed them to

me; and I understood.

“You see, the only real objection that Neal had been able to keep

against young Jim was that he was a pauper—penniless but for me. And

these papers Jim had were notes and memorandum which showed why Jim

was a pauper and who had made him that, and how Neal himself had got

the better half of old Jim’s best properties. For the papers were

private notes and memoranda of money that old Jim Tyler had given Neal

to invest in land for him; among them a paper in Neal’s writing

acknowledging old Jim’s half interest in Neal’s best lots. Then there

were some personal memorandum of Tyler’s stuck with these, part of

which we couldn’t make out, except that it had to do with the shooting

of Len Findlay; but the rest was clear—showed clear that, just before

he was shot, old Jim Tyler had become afraid of Neal and was trying to

make him convert his papers into regular titles and take his things

out of Neal’s hands.

“I saw, of course, that young Jim must know everything then; so the

only thing I could do was to stop him from hunting up Neal that

morning and in that mood with a gun in his hand. But he laughed at me;

said I ought to know he hadn’t come to kill Leigh’s father, but only

to force a different understanding then and there; and his gun might

come in handy—but he would keep his head as well as his gun. But he

didn’t. For though he didn’t find Neal then, he came across Findlay

and Chapin and blurted it all out to them, so that they stayed with

him till he promised to go home, which he didn’t do either; for one of

our Indians, coming up the trail early next morning with supplies, met

him only half a dozen miles from camp. Jim said he’d laid up over

night because of the snowstorm, but didn’t come back to camp because

he didn’t want to see Neal after the promise he’d made. And there

_had_ been a big snow that night. Chapin and Findlay didn’t get in

till all hours because of it; Chapin about eleven, Findlay not till

near two, dead beat out from tramping through the new snow; and

Neal—he never got in at all.

“I stayed four days after that looking for Neal; but we couldn’t find

him. Then I left Chapin with the Indians to keep on searching, while I

came down, more to see Jim, you understand, than to break the news to

Leigh. Jim admitted he’d stayed near camp till the next morning but

denied he’d even seen Neal, and denied it so strongly that he fooled

me into giving him the benefit of the doubt until last night; and then

Chapin wired me they had found Neal’s body, and to meet them with a

detective, as they have plain evidence against young Jim that he

murdered my brother!”

The old man stopped suddenly, and his eyes shifted from Trant to the

clock. “That’s all,” he concluded abruptly. “Not much psychology in

that, is there? My car is waiting down stairs.”

He pulled the fur cap down upon his ears, and Trant had time only to

throw on his coat and catch his client in the hall, as Sheppard walked

toward the elevators. The chauffeur, at sight of them, opened the

limousine body of the car, and Sheppard got in with Trant, leaving the

man this time to guide the car through the streets.

“There’s where the Palace stood; Neal owns the lot still, and has made

two re-buildings on it,” he motioned toward a towering office

structure as the car slowed at the Clark Street crossing. Then, as

they stopped a moment later at the Polk Street Station, he laid a

muscular hand upon the door, drove it open and sprang out, leaving

Trant inside. The clock in the tower showed just half past eight, and

he hurried into the train shed. Ten minutes later he reappeared,

leading a plump, almost roly-poly man, with a round face, fiery red

from exposure to the weather, who was buttoned from chin to shoe tops

in an ulster and wore a fur cap like his own. Behind them with

noiseless, woodland tread glided a full-blooded Indian, in corduroy

trousers and coat blotched with many forest stains, carrying carefully

a long leather gun-case and cartridge belt.

“This is Chapin, Trant,” Sheppard introduced them, having evidently

spoken briefly of the psychologist to Chapin in the station; “and

McLain,” he motioned toward the Indian.

He stepped after them into the limousine, and as the car jerked and

halted through the crowded city streets back toward his home, he

lifted his eyes to the round-faced man opposite him.

“Where was it, Chapin?” he asked abruptly.

“In Bowton’s mining shack, Steve.”

“What! what!”

“You say the body was found in a miner’s cabin, Mr. Chapin,” the

psychologist broke in, in crisp tones. “Do you mean the miners live in

the cabin and carried him in there after he was shot?”

“No, it is an abandoned mine, Mr. Trant. He was in the deserted cabin

when shot down—shot like a dog, Steve!”

“For God’s sake, let’s drop this till we get to the house!” Sheppard

burst out suddenly, and Trant fell back, still keenly observant and

attentive, while the big car swept swiftly through the less crowded

streets. Only twice Sheppard leaned forward, with forced calmness and

laconic comment, to point out some sight to the Indian; and once he

nodded absently when, passing a meat shop with deer hung beside its

doors, the Indian—finding this the first object on which he dared to

comment—remarked that the skins were being badly torn. Then the motor

stopped before twin, stately, gray-stone houses facing the lake, where

a single broad flight of steps led to two entrance doors which bore

ornate door plates, one the name of Stephen, the other Neal, Sheppard.

Sheppard led the way through the hall into a wide, high trophy and

smoking-room which occupied a bay of the first floor back of the

dining-room, and himself shut the door firmly, after Chapin and Trant

and the Indian, still carefully carrying the gun-case, had entered.

“Now tell me,” he commanded Chapin and the Indian equally, “exactly

how you found him.”

“Neal had plainly taken refuge in the cabin from the snowstorm,

Steve,” Chapin replied almost compassionately. “He was in his stocking

feet, and his shooting-coat and cartridge-belt still lay on the straw

in one of the bunks where he had been sleeping. The man, it seems

clear, entered through the outer door of the mess cabin, which opens

into the bunk-room through a door at its other end. Neal heard him, we

suppose, and picking up his shoes and gun, went to see who it was; and

the man, standing near the outer door, shot him down as he came

through the other—four shots, Steve; two missed.”

“Four shots, and in the cabin!” Sheppard turned to the Indian almost

in appeal; but at McLain’s nod his square chin set firmly. “You were

right in telegraphing me it was murder!”

“Two hit—one here; one here,” the Indian touched his right shoulder

and then the center of his forehead.

“How do you know the man who shot him stood by the outer door?” Trant

interrupted.

“McLain found the shells ejected from his rifle,” Chapin answered; and

the Indian took from his pocket five cartridges—four empty, one still

loaded. “Man shooting kill with four shots and throw last from

magazine there beside it,” he explained. “Not have need it. I find on

floor with empty shells.”

“I see.” Sheppard took the shells and examined them tensely. He went

to his drawer and took out a single fresh cartridge and compared it

carefully with the empty shells and the unfired cartridge the Indian

had found with them, before he handed them, still more tensely, to

Trant. “They are all Sheppard-Tyler’s, Trant, which we were just

trying out for the first time ourselves. No one else had them, no one

else could possibly have them, besides ourselves, but Jim! But the

gun-case, Chapin,” he turned toward the burden the Indian had carried.

“Why have you brought that?”

“It’s just Neal’s gun that we found in his hand, Steve,” Chapin

replied sympathetically, “and his cartridge-belt that was in the

bunk.”

The Indian unstrapped the case and took out the gun. Then he took from

another pocket a single empty shell, this time, and four full ones,

three of which he put into the magazine of the rifle, and extended it

to Chapin.

“Neal had time to try twice for Ji—for the other fellow, Steve,”

Chapin explained, “for he wasn’t killed till the fourth shot. But

Neal’s first shell,” he pointed to the pierced primer of the cartridge

he had taken from the Indian, “missed fire, you see; and he was hit so

hard before he could shoot the other,” he handed over the shell, “that

it must have gone wild. Its recoil threw the next cartridge in place

all right, as McLain has it now,” he handed over the gun, “but Neal

couldn’t ever pull the trigger on it then.”

“I see.” Sheppard’s teeth clenched tight again, as he examined the

faulty cartridge his brother had tried to shoot, the empty shell, and

the three cartridges left intact in the rifle. He handed them after

the others to Trant. And for an instant more his green-gray eyes,

growing steadily colder and more merciless, watched the silent young

psychologist as he weighed again and again and sorted over, without

comment, the shells that had slain Neal Sheppard; and weighed again in

his fingers the one the murderer had not needed to use. Then Trant

turned suddenly to the cartridge-belt the Indian held, and taking out

one shell compared it with the others.

“They are different?” he said inquiringly.

“Only that these are full metal-patched bullets, like the one I showed

you from the drawer, while those in Neal’s belt are soft-nosed,”

Sheppard answered immediately. “We had both kinds in camp, for we were

making the first real trial of the new gun; but we used only the

soft-nosed in hunting. They are Sheppard-Tyler’s, Trant—all of them;

and that is the one important thing and enough of itself to settle the

murderer!”

“But can you understand, Mr. Sheppard, even if the man who shot the

four shells found he didn’t need the fifth,”—the young psychologist

held up the single, unshot shell which the Indian had found near the

door—“why he should throw it there? And more particularly I can’t make

out why—” He checked himself and swung from his client to the Indian

as the perplexity which had filled his face when he first handled the

shells gave way to the quick flush of energetic action.

“Suppose this were the mess-room of the cabin, McLain,” he gestured to

the trophy-room, as he shot out his question; “can you show me how it

was arranged and what you found there?”

“Yes, yes;” the Indian turned to the end wall and pointed, “there the

door to outside; on floor near it, four empty shells, one full one.”

He stalked to a corner at the opposite end. “Here door to bunk-room.

Here,” he stopped and touched his fingers to the floor, “Neal

Sheppard’s shoes where he drop them. Here,” he rose and touched the

wall in two spots about the height of a man’s head above the floor,

“bullet hole, and bullet hole, when he miss.”

“What! what!” cried Trant, “two bullet holes above the shoes?”

“Yes; so.”

“And the body—that lay near the shoes?”

“Oh, no; the body here!” the Indian moved along the end wall almost to

the other corner. “One shell beside it that miss fire, one empty

shell. Neal Sheppard’s matchbox—that empty, too—on floor. Around body

burned matches.”

“Burned matches around the body?” Trant echoed in still greater

excitement.

“Yes; and on body.”

“On it?”

“Yes; man, after he shot, go to him and burn matches—I think—to see

him dead.”

“Then they must have shot in the dark!” Trant’s excited face flushed

red with sudden and complete comprehension. “Of course, dolt that I

was! With these shells in my hand, I should have guessed it! That is

as plain a reason for this peculiar distribution of the shells as it

is for the matches which, as the Indian says, the man must have taken

from your brother’s match-box to look at him and make sure he was

dead.” He had whirled to face his client. “It was all shot in the

dark.”

“Shot in the dark!” Sheppard echoed. He seemed to have caught none of

the spirit of his young adviser’s new comprehension; but, merely

echoing his words, had turned from him and stared steadily out of the

window to the street; and as he stared, thinking of his brother shot

down in darkness by an unseen enemy, his eyes, cold and merciless

before, began to glow madly with his slow but—once aroused—obstinate

and pitiless anger.

“Mr. Trant;” he turned back suddenly, “I do not deny that when I

called for you this morning, instead of getting a detective from the

city police as Chapin expected, it was not to hang Jim Tyler, as I

pretended, but with a determination to give him every chance that was

coming to him after I had to go against him. But he gave Neal

none—none!—and it’s no matter what Neal did to his father; I’m keeping

you here now to help me hang him! And Chapin! when I ordered Tyler’s

arrest, I told the police I’d prefer charges against him this morning,

but he seems impatient. He’s coming here with Captain Crowley from the

station now,” he continued with short, sharp distinctness. “So let him

in, Chapin—I don’t care to trust myself at the door—Jim’s come for it,

and—I’ll let him have it!”

“You mean you are going to charge him with murder now, before that

officer, Mr. Sheppard?” Trant moved quickly before his client, as

Chapin obediently went toward the door. “Don’t,” he warned tersely.

“Don’t? Why?”

“The first bullet in your brother’s gun that failed—the other

three—the one which the other fellow did not even try to shoot,” Trant

enumerated almost breathlessly, as he heard the front door open. “Do

they mean nothing to you?”

And putting between his strong even teeth the cartridge with its

primer pierced which had failed in Neal Sheppard’s gun, he tore out

the bullet with a single wrench and held the shell down. “See! it was

empty, Mr. Sheppard! That was the first one in your brother’s gun!

That was why it didn’t go off! And this—the last one the other man

had, the one he didn’t even try to shoot,” Trant jerked out the bullet

from it too with another wrench of his teeth—“was empty as well. See!

And the other man knew it; that was why he didn’t even try to shoot

it, but ejected it on the floor as it was!”

“How did you guess that? And how did you know that the other

cartridge, the one Jim—the other fellow—didn’t even try to fire—wasn’t

loaded, too?” Sheppard now checked short in surprise, stupefied and

amazed, gazed, with the other white-haired man and the Indian, at the

empty shells.

But Trant went on swiftly: “Are Sheppard-Tyler shells so poorly

loaded, Mr. Sheppard, that two out of ten of them are bad? And not

only two, but this—and this—and this,” at each word he dropped on the

table another shell, “the three left in your brother’s rifle. For

these others are bad—unloaded, too! So that even if he had been able

to pull the trigger on them, they would have failed like the first;

and I know that for the same reason that I know about the first ones.

Five out of ten shells of Sheppard-Tyler loading ‘accidentally’ with

no powder in them. That is too much for you—for anyone—to believe, Mr.

Sheppard! And that was why I said to you a moment ago, as I say again,

don’t charge that young man out there with murder!”

“You mean,” Sheppard gasped, “that Jim did not kill Neal?”

“I didn’t say that,” Trant returned sharply. “But your brother was not

shot down in cold-blooded murder; I’m sure of that! Whether Jim Tyler,

or another, shot him, I can not yet say; but I hope soon to prove. For

there were only four men in the woods who had Sheppard-Tyler guns; and

he must have been shot either by Tyler, or Findlay, or Chapin, or—to

open all the possibilities—by yourself, Mr. Sheppard!” the

psychologist continued boldly.

“Who? Me?” roared Chapin in fiery indignation.

“What—what’s that you’re saying?” The old sportsman stood staring at

his young adviser, half in outrage, half in astonishment.

Then, staring at the startling display of the empty shells—whose

meaning was as yet as incomprehensible to him as the means by which

the psychologist had so suddenly detected them—and dazed by Trant’s

sudden and equally incomprehensible defense of young Tyler after he

had detected them, he weakened. “I—I’m afraid. I don’t understand what

you mean, Mr. Trant!” he said helplessly; then, irritated by his own

weakness, he turned testily toward the door: “I wonder what is keeping

them out there?”

“Mr. Trant says,” Chapin burst out angrily, “that either you or I is

as likely to have shot Neal as young Jim! But Mr. Trant is crazy;

we’ll have young Jim in here and prove it!” and he threw open the

door.

But it was not young Tyler, but a girl, tall and blond, with a lithe,

straight figure almost like a boy’s, but with her fine, clear-cut

features deadly pale, and with her gray eyes—straight and frank, like

Sheppard’s, but much deeper and softer—full of grief and terror, who

stood first in the doorway.

“Leigh! So it was you keeping them out there! Leigh,” her uncle’s

voice trembled as he spoke to the girl, “what are you doing here?”

“No; what are you doing, uncle?” the girl asked in clear, fearless

tones. “Or rather, I mean, what have Mr. Chapin and this guide and

this—this gentleman,” she looked toward Trant and the gun Sheppard had

handed him, “come here for this morning? And why have they brought Jim

here—this way?” She moved aside a little, as though to let Trant see

behind her the set and firm, but also very pale, features of young

Tyler and the coarser face of the red-haired police officer. “I know,”

she continued, as her uncle still stood speechless, “that it must have

something to do with my father; for Jim could not deny it. But

what—what is it,” she appealed again, with the terror gleaming in her

eyes which told, even to Trant, that she must half suspect, “that

brings you all here this way this morning, and Jim too?”

“Run over home again, my dear,” the uncle stooped and kissed her

clumsily. “Run back home now, for you can’t come in.”

“Yes; you’ll go back home now, won’t you, Leigh?” Tyler touched her

hand.

“Perhaps you had better let Miss Sheppard in for a moment first, Mr.

Tyler,” Trant suggested. “For, in regard to what she seems to fear, I

have only encouragement for her.”

“You mean you—” Tyler’s pale, defiant lips parted impulsively, but he

quickly checked himself.

“I am not afraid to ask it, Jim,” the girl this time sought his

fingers with her own. “Do you mean you—are not here to try to connect

Jim with the—disappearance of my father?”

“No, Miss Sheppard,” Trant replied steadily, while the eyes of the two

older men were fixed upon him scarcely less intently than the girl’s;

“and I have asked you to come in a moment, because I feel safe in

assuring you that Mr. Tyler can not have been connected with the

disappearance of your father in the way they have made you fear. And

more than that, it is quite possible that within a few moments I will

be able to prove that he is clear of any connection with it

whatever—quite possible, Miss Sheppard. That was all I wanted to tell

you.”

“Who are you?” the girl cried. “And can you make my uncle believe

that, too? Do you think I haven’t known, uncle, what you thought when

Jim went up there after you and—father was lost? I know that what you

suspect is impossible; but,” she turned to Trant again, “can you make

my uncle believe that, too?”

“Your uncle, though he seemed to forget the fact a moment ago, has

retained me precisely to clear Mr. Tyler from the circumstantial

evidence that seemed so conclusive against him,” said Trant, with a

warning glance at the amazed Sheppard, “and I strongly hope that I

will be able to do so.”

“Oh, I did not understand! I will wait upstairs, then,” the girl

turned from Trant to Sheppard in bewilderment, touched Tyler’s arm as

she brushed by him in the door, and left them.

“Thank you for your intention in making it easier for her—whoever you

are—even if you have to take it back later,” Tyler said grimly to the

psychologist. “But since Crowley has told me,” he turned now to

Sheppard, “that it was you who ordered him to arrest me at the club

this morning, I suppose, now that Leigh is gone, that means that you

have found your brother shot as he deserved and as you expected

and—you think I did it!”

“Morning, Mr. Sheppard,” the red-haired police captain nodded.

“Morning, Mr. Trant; giving us some more of the psycho-palmistry?

Considerable water’s gone past the mill since you put an electric

battery on Caylis, the Bronson murderer, and proved him guilty just as

we were getting ready to send Kanlan up for the crime. As for this

young man,” he motioned with his thumb toward Tyler, “I took him in

because Mr. Sheppard asked it; but as Mr. Sheppard didn’t make any

charge against him, and this Tyler wanted to come up here, I brought

him on myself, not hearing from Mr. Sheppard. I suppose now it’s Mr.

Neal Sheppard’s death, after seeing the morning papers and hearing the

young lady.”

“Just so, Captain Crowley,” said Trant brusquely, “but we’ll let Mr.

Sheppard make his charge or not make it, just as he sees fit, after we

get through with the little test we’re going to carry out. And I am

greatly mistaken, if, after we are through, he will bring any such

charge as you have suggested. But come in, Captain; I am glad that you

are here. The test I am going to make may seem so trivial to these

gentlemen that I am glad to have a practical man like yourself here

who has seen more in such a test as the one I am going to make now,

than can appear on the surface.”

“‘More than appears on the surface’ is the word, Mr. Trant,” the

captain cried impulsively. “Mr. Sheppard, it’s myself has told you

about Mr. Trant before; and I’ll back anything he does to the limit,

since I see him catch the Bronson murderer, as I just told you, by a

one-cell battery that would not ring a door bell.”

“I shall ask you to bear that in mind, if you will, Mr. Sheppard and

Mr. Chapin,” the psychologist smiled slightly as he looked about the

room, and then crossed over to the mantel and took from it five of the

six small stone steins with silver tops which stood there.

“Particularly as I have not here even the regular apparatus for the

test, but must rather improvise. If I had you in my offices or in the

psychological laboratory fitted with that regular apparatus I could

prove in an instant which of you, if any, was the one who shot these

four cartridges to kill Neal Sheppard, and discarded this fifth,” he

touched again the shells on the table. “But, as I said, I hope we can

manage here.”

“Which of us?” Chapin echoed. “So you’re going to try me, too?” He

raised a plump fist and shook it angrily under Trant’s nose. “You

think I did it?”

“I didn’t say so, Mr. Chapin,” Trant replied pacificatingly. “I said

there were excellent chances that Mr. Tyler was not the one who did

the shooting; so if that is so, it must have been done by one of the

other men who carried Sheppard-Tyler rifles. I thought of you merely

as one of those; and as the test I am about to try upon Mr. Tyler

would be as simple and efficient a test to determine your

connection—or lack of connection—with this shooting, I shall ask you

to take it after Mr. Tyler, if necessary.”

He raised the tops of the steins, as he spoke, peered into them to see

they were empty; then put into his pocket the good shell which he had

taken from the belt the Indian had given him, and picked up the five

little covered cups again.

“As I have a stop second hand to my watch, Mr. Sheppard,” he

continued, “all I need now is some shot—ordinary bird shot, or small

shot of any size.”

“Shot?” Sheppard stared at the steins crazily, but catching Captain

Crowley’s equally uncomprehending but admiringly confident eyes, he

nodded, “of course. You will find all the shot you can want in the gun

cabinet in the corner.”

Trant crossed to the cabinet and opened the drawer. He returned in

less than a minute, as they stood exchanging curious glances, and

placed five steins in a row on the table before him.

“Please take up the middle one now, Mr. Tyler,” he requested, as he

took out his watch. “Thank you. Now the one to the right of it; and

tell me, is it the same weight as the other, or heavier, or lighter?”

“The same weight or lighter—perhaps a little lighter,” Tyler answered

readily. “But what of it? What is this?” he asked curiously.

“Take up the middle stein again.” Trant, disregarding his question,

glanced at the time interval on his watch; “the first stein you picked

up, Mr. Tyler; and then take up the remaining three in any order, and

tell me, as quickly as you can, whether they seem the same weight,

lighter or heavier to you. Thank you,” he acknowledged noncommittally

again, as Tyler acquiesced, his wonder at so extraordinary a test

increasing.

The psychologist glanced over the list of answers he had noted on a

slip of paper with the time taken for each. Then he gathered up the

five steins without comment and redistributed them on the table.

“It looks bright for you, Mr. Tyler,” he commented calmly; “but I will

ask you to go over the steins again;” and a second, and then a third

time, he made Tyler take up all five steins in turn and tell him

whether each seemed the same weight, lighter or heavier than the first

he handled.

“What’s all this tomfoolery with steins got to do with who shot Neal

Sheppard?” Chapin blurted out contemptuously. But when he turned for

concurrence to Stephen Sheppard, he found the old sportsman’s anxious

gaze again fixed on the intent face of the police captain who once

before, by his own admission, had seen Trant pick a murderer by

incomprehensible work, and his own contempt as well gave place to

apprehensive wonder at what might lurk behind this apparently childish

experiment.

[Illustration: In a trophy-room three men stand around a small round

table, one writing in a notebook. On the table are several large

lidded steins and a small pile of shotgun shells. The man on the

right is carefully lifting two of the steins. Several men stand

further back and watch over the proceedings.]

Caption: “What’s all this tomfoolery with steins got to do with who

shot Neal Sheppard?” Chapin blurted out contemptuously

“You ask what this means, Mr. Chapin?” Trant looked up as he finished

his notes. “It has made me certain that Mr. Tyler, at least, is

guiltless of the crime of which he has been suspected. As to who shot

Neal Sheppard, if you will kindly take up those steins just as you

have seen him do, perhaps I can tell you.”

For the fraction of an instant Chapin halted; then, as under direct

gaze of the psychologist, he reached out to pick up the first stein in

the test, whose very seeming triviality made it the more

incomprehensible to him, the sweat broke out on the backs of his

hands; but he answered stoutly:

“That’s heavier; the same; this lighter; and this the same again.”

And again: “The same; heavier; lighter; the same! Now, what’s the

answer?”

“That my feeling which you forced upon me to make me choose you—I

admit it—for the rôle you were so willing to assign to Tyler, Mr.

Chapin, would probably have made me waste valuable time, if I had not

been able to correct it, scientifically, as easily as I confirmed my

other feeling in Tyler’s favor. For there can be no question now that

you had no more to do with the shooting of Neal Sheppard than he had.

I must make still another test to determine the man who fired these

shots.”

“You mean you want to try _me_?” Sheppard demanded, uneasy and

astounded.

“I would rather test the other man first, Mr. Sheppard; the fourth man

who was in the woods with you,” Trant corrected calmly.

“_Findlay?_”

The psychologist, as he looked around, saw in the faces of Sheppard,

Chapin, and young Tyler alike, indignant astonishment.

“You don’t know Findlay, Mr. Trant,” Sheppard said roughly, losing

confidence again in spite of Crowley; “or you would understand that he

is the last man among us who could be suspected. Enoch is a regular

hermit—what they call a ‘recluse’! Only once a year are we able to get

him to tear himself away from his musty old house and his collections

of coins, and then only for old sake’s sake, to go to the north woods

with us. Your crazy test with the steins has led you a long way off

the track if you think it’s Findlay.”

“It has led me inevitably to the conclusion that, if it was one of you

four men, it was either Findlay or yourself, Mr. Sheppard,” Trant

asserted firmly. “You yourself know best whether it is necessary to

test him.”

Sheppard stared at the obstinate young psychologist for a full minute.

“At least,” he said finally with the same roughness, “we can keep

young Jim still in custody.” He looked at the police officer, who

nodded. Then he went to the house telephone on the wall, spoke shortly

into it, and turned:

“I’ll take you to Findlay, Trant. I’ve called the motor.”

Five minutes later the little party in the trophy-room broke up—Tyler,

under the watch of Captain Crowley, going to the police station, but

as yet without charge against him; Chapin going about his own

business; Trant and his client speeding swiftly down the boulevard in

the big motor.

“You want to stop at your office, I suppose,” Sheppard asked, “for you

haven’t brought the steins you used in your test with us?”

“Yes—but no,” Trant suddenly recollected; “you have mentioned once or

twice that Findlay is a collector of coins—a numismatist.”

“The craziest in Chicago.”

“Then if you’ll drop me for a minute at Swift and Walton’s curio shop

in Randolph Street that will be enough.”

Sheppard glanced at his young adviser wonderingly; and looked more

wonderingly still when Trant came out from the curio shop jingling a

handful of silver coins, which he showed quietly.

“They’re silver florins of one of the early Swiss states,” he

exclaimed; “borrowed of Swift and Walton, by means of a deposit, and

guaranteed to make a collector sit up and take notice. They’ll get me

an interview with Mr. Findlay, I hope, without the need of an

introduction. So if you will point out the house to me and let me out

a block or so from it, I will go in first.”

“And what do you want me to do?” asked Sheppard, startled.

“Come in a few minutes later; meet him as you would naturally. Your

brother’s body has been found; tell him about it. You suspect young

Tyler; tell him that also. Maybe he can help you. You need not

recognize me until I see I want you; but my work, I trust, will be

done before you get there.”

“Enoch Findlay help me?” queried Sheppard in perplexity. “You mean

help me to trace Neal’s murderer. But it is you who said because,

against all reason, you suspect Enoch, Mr. Trant, that we have come

here! For there’s the house,” he pointed. And Trant, not making any

answer, leaped out as the car was slowing, and left him.

The big old Michigan avenue dwelling, Trant saw at a glance, was in

disrepair; but from inattention, the psychologist guessed, not from

lack of money. The maid who opened the door was a slattern. The hall,

with its mingled aroma of dust and cooking, spoke eloquently of the

indifference of the house’s chief occupant; and the musty front room,

with its coin cases and curios, was as unlike the great light and airy

“den” where Stephen Sheppard hung his guns and skins and antlers, as

the man whom Trant rose to greet was unlike his friend, the hale and

ruddy old sportsman.

As Trant looked over this man, whose great height—six feet four or

five inches—was reduced at least three inches by the studious stoop of

his shoulders; as he took note of his worn and careless clothing and

his feet forced into bulging slippers; as he saw the parchment skin,

and met the eyes, so light in color that the iris could scarcely be

detected from the whites, like the unpainted eyes of a statue, he

appreciated the surprise that Findlay’s former partners, Sheppard and

Chapin, had experienced at the suggestion that this might be the

murderer.

“I shall ask only a little of your time, Mr. Findlay,” Trant put his

hand into his pocket for his coins, as though the proffered hand of

the other had been extended for them. “I have come to ask your

estimate, as an expert, upon a few coins which I have recently picked

up. I have been informed that you can better advise me as to their

value than any other collector in Chicago. My coins seem to be of the

early Swiss states.”

“Early Swiss coins are almost as rare as Swiss ships in the present

day, sir.” Findlay took the round bits of silver with the collector’s

intense absorption, which made him forget that he had not even asked

his visitor’s name. “And these are exceptionally rare and interesting

pieces. I have never seen but one other of these which I am fortunate

enough to possess. They are all the same, I see,” he sifted them

swiftly one after the other into his palm. “But—what’s this—what’s

this?” he cried with sudden disappointment as he took the top ones up

separately for more individual examination. “I hope you have not paid

too great a price for these.” He went to one of his cases and, opening

it, took out an exact duplicate of Trant’s coin. “For see!” he weighed

the two accurately in his fingers; “this first one of yours compares

most favorably with this specimen of mine, which is unquestionably

genuine. But this—this—this and this; ah, yes; and this, too”—he

sorted over the others swiftly and picked out five—“are certainly

lighter and I’m afraid they are counterfeit. But where are my scales?”

“Lighter?” Trant repeated, in apparent bewilderment.

“The correct coin, you see,” the collector replied, tossing his own

silver pieces into his scales, “should be over 400 grains—almost an

ounce. But these,” he placed the ten pieces one after the other on the

balance, too absorbed to notice the ringing of the door bell, “the

five I feared for, are quite light—twenty grains at least, you see?”

He reweighed them once more, carefully.

“That is certainly most interesting.” Trant grimly looked up at the

expert as though trying to deny a disappointment. “But it is quite

worth having the five coins light, to witness the facility with which

an expert like yourself can pick them out, unerringly, without

fail—barely twenty grains difference in four hundred.”

He looked up, still betraying only astonishment. But Findlay’s face,

after the first flush of his collector’s absorption, had suddenly

grown less cordial.

“I did not get your name, sir,” he started; then turned, at the

opening of the door behind him, to face Stephen Sheppard.

“Findlay!” the sportsman cried, scarcely waiting for the servant who

had admitted him to vanish, and not appearing to notice Trant at all.

“They’ve found Neal’s body! In Bowton’s mining shack—murdered, Enoch,

murdered! We’ll have young Jim Tyler up for it! Unless,” he hesitated,

and looked at Trant, and added, as though the compelling glance of the

psychologist constrained him to it, “unless you know something that

will help him, Enoch!”

“Hush, Steve! Hush!” the coin collector fell back upon the chair,

beside his desk, with an anxious glance at the psychologist. “I have a

man here.” He gathered himself together. “And what is it possible that

I could tell to save young Jim?”

“You might tell _why_, Mr. Findlay,” Trant said sharply, nerving

himself for the coming struggle, “for I know already _how_ you shot

Neal Sheppard yourself!”

But no struggle came.

“What—you?” Findlay burst from his pale lips; then caught the

recognition of this stranger in Sheppard’s face and fell back—trapped.

He clasped his hands convulsively together and stretched them out

before him on the desk. In his cheek something beat and beat with

ceaseless pulse.

“Murdered, Steve?” the latent fire seemed fanned in Findlay at last.

“But first”—he seemed to check something short on his lips—“who are

you? And why,” he turned to Trant, “why did you come to me with those

coins? I mean—how much do you know?”

“I am retained by Mr. Sheppard in this case,” Trant replied, “and only

turned coin collector to prove how you picked out those shells with

which you shot Neal Sheppard. And I know enough more to know that you

could not have murdered him in any right sense, and enough to assure

you that, if you tell how you shot him to save young Tyler, you can

count on me for competent confirmation that it was not murder.”

But the tall, gaunt man, bent in his chair, seemed scarcely to hear

the psychologist’s words or even to be conscious, longer, of his

presence. When he lifted his eyes, they gave no sign as they swept by

Trant’s figure. Findlay saw only his old partner and friend.

“But you shot him, Enoch? How and why?”

“How?” the Adam’s apple worked in Findlay’s throat, and the words

seemed wrenched from his lips as though their weight were a burden too

heavy for him longer to bear. “How, Steve? I shot him as he shot Len,

my brother, thirty years ago!”

“Then it was Neal that shot Len and—and started the murder among us?”

the old sportsman in his turn sought tremblingly for a seat. “For all

these years I have known in my heart that it was done by Neal; but,

Enoch, you didn’t shoot him now because he shot Len—thirty years ago!”

“No, not because he shot Len; but because he made me kill—made me

murder old Jim Tyler for it! Now do you understand? Neal shot Len, my

brother; and for that, perhaps I should not have shot Neal when, at

last, I found it out thirty years later. But for that murder he did

himself, _he made me murder poor old Jim Tyler_, my best friend! So I

shot him as he made me shoot Jim Tyler. It was both or none! Neal

would be alive to-day, if Jim was!”

“Neal shot Len and made you shoot old Jim Tyler for it?”

“Yes; I shot him, Steve! I shot old Jim—old Jim, who was the truest

friend to me of you all! I shot old Jim, whose bed I’d shared—and for

these thirty years old Jim has never left me. There are men like that,

Steve, who do a thing in haste, and then can’t forget. For I’m one of

them. I was no kind of a man for a murderer, Steve; I was no man for

the business we were in. Len led me—led me where I ought never to have

gone, for I hadn’t nerve like he and you and Neal had! Then Len was

shot, and Neal came to me and told me old Jim had done it. I was wild,

Steve—wild, for I’d had a difference with Jim and I knew Jim had had a

difference with Len—over me. So I believed it! But I had no gun. I

never carried one, you know. Neal gave me one and told me to go and

shoot him, or Jim’d shoot me, too. And I shot old Jim—shot him in the

back; that’s the kind of man I was—no nerve. I couldn’t face him when

I did it. But I’ve faced him often enough since, God knows! By night

and by day; by foul weather or by fair weather; for old Jim and I have

got up and gone to bed together ever since—thirty years. And it’s made

me what I am—you see, I never had the nerve. I told you!”

“But Neal, Enoch? How did you come to shoot Neal two weeks ago—how did

all that make you?” Sheppard urged excitedly.

“I’m telling you! Those two weeks ago—two weeks ago to-day, young Jim

came up into the woods red hot; for he had the papers he showed you

showing Neal had cheated him out of money. He met Chapin and me, too,

and told us and showed us the papers. There was one paper there that

didn’t mean anything to young Jim or to you or to Chapin, or to anyone

else that didn’t know old Jim intimately—old Jim had his own way of

putting things—but it meant a lot to me. For all these years I’ve been

telling you about—all these years I’ve been carrying old Jim with me,

getting up and lying down with him, and whenever he came to me, I’d

been saying to him, ‘I know, Jim, I killed you; but it was justice;

you killed my brother!’ But that paper made me know different. It made

me know it wasn’t old Jim that killed Len, Steve; it was Neal—and Jim

knew it; and that was why Neal set me on Jim and made me kill him;

because Jim knew it! That was like Neal, wasn’t it, Steve? Never do

anything straight, Neal wouldn’t, when he could do it crooked! He

wanted to get rid of old Jim—he owed him money and was afraid of him

now, for Jim knew he’d killed Len—and he saw a safe way to make me do

it. So then at last I knew why old Jim had never left me, but had been

following me all these years—always with me; and I never let on to

Chapin. I just went to look for Neal. ‘This time,’ said I to myself,

‘it’s justice!’ And—I found him sitting on a log, with his gun behind

him, a little drunk—for he always carried a flask with him, you

know—and whistling. I couldn’t face him any more than I could Jim, and

I came up behind him. Three times I took a bead on Neal’s back, and

three times I couldn’t pull the trigger—for he never stopped

whistling, and I knew if I shot him then I’d hear that whistling all

my life—and the third time he turned and saw me. He must have seen the

whole thing on my face; I can’t keep anything. But he had nerve, Neal

did. ‘Oh,’ he says, ‘it’s Enoch Findlay, the murderer, shooting in the

back as usual.’ ‘I’m what you made me,’ says I, ‘but you’ll never make

any difference to another man!’ ‘Give me a chance,’ says Neal. ‘Don’t

shoot me sitting!’ Neal had nerve, I tell you—I never had any; but

that time for once in my life, I got it. ‘Get up,’ says I, ‘and take

your gun; you’ll have as fair a chance as I will.’ But that wasn’t

quite true. I never had Neal’s nerve—I didn’t have it even then. But

I’ve always been a better shot than him; I’ve never drunk; and he

hasn’t been steady for years. So I knew I still had the advantage; and

Neal knew it, too; but he doesn’t let on.

“‘Thank you, Enoch,’ he says. ‘Now I’ll kill you, of course; but while

I’m doing it, maybe you’ll hit me—no knowing; and I don’t care to have

a soft-nose bullet mushroom inside of me. Besides, wouldn’t you rather

have a clean hole—you’ve seen what the soft-noses do to the deer!’

‘It’s all we’ve got,’ says I; but I guess he had me on that then. For

I had seen the game hit by soft-nose bullets; and if I had to have him

around with a bullet hole in him after I’d killed him, I wanted a

clean bullet hole anyway—not the other kind. ‘Have you got the other

kind?’ I said. ‘I’ll go to camp and get some,’ he answered. I don’t

know what was in me; I had my nerve that day—for the first and only

time in my life. I guess it was that, Steve, and it was a new feeling

and I wanted to enjoy it. I knew there was some devilment in what he

said; but I wanted to give him every chance—yes, I enjoyed giving the

chance for more crookedness to him before I finished him; for I knew I

was going to finish him then.

“‘All right,’ I said, ‘I’ll wait for you in the clearing by Bowton’s

mining shack’; for I saw in his eyes that he was afraid not to come

back to me; and I watched him go, and went over to Bowton’s and sat

down with my back against the shanty, so he couldn’t come up and shoot

me from behind, and waited. It was dark and cloudy; he was gone four

hours, and before he got back it began to snow. It got so that you

couldn’t see ten feet in that blizzard; but I sat outside in the snow

till Neal came back; then we went into the shack together and agreed

to wait till it was over—no man on earth could have done any shooting

in that storm then, and we knew we couldn’t get back to camp till it

was over. We sat there in the shack, and looked at each other. Night

came, and we were still looking; only now we couldn’t see each other

any longer, but sat waiting to hear the other moving—only neither of

us moved. Then we did—slowly and carefully. Sometimes I sat in one

place, sometimes in another, for I didn’t want him to know just where

I was for fear he’d shoot. But he was afraid to shoot first; for if he

missed, I’d see him by the flash and get him, sure. It kept on

snowing. Once Neal said, ‘We’ll settle this thing in the morning.’

‘All right,’ says I—but moved again, for I thought he would surely

shoot then.

“I kept wondering when my nerve would go, but it stayed by me, and I

tell you I enjoyed it; he moved more often than I did. For the first

time in my life I wasn’t afraid of Neal Sheppard; and he was afraid of

me. He laid down in one of the bunks and I could hear him turning from

side to side; but he didn’t dare to sleep any, and I didn’t either.

Then he said, ‘This is hell, ain’t it!’ ‘If it is,’ I said, ‘it’s a

taste of what you’re going to get after!’ After I’d shot him, I meant.

Then he said, ‘I want to sleep, and I can’t sleep while you’re living;

let’s settle this thing now!’

“‘In the dark?’ I asked. ‘Not if I can find a light,’ he says, and I

promised not to shoot him while he lit a match—I had none. He lit one

and looked for a piece of candle, but couldn’t find any. Then I said,

‘If you want to do it in the dark, I’m agreeable’; for I’d been

thinking that maybe it was only because of the dark, now, that I had

my nerve, and maybe when daylight came and I could see him, I might be

afraid of him. So we agreed to it.

“He felt for me in the dark, and held out five shells. We’d

agreed in the afternoon to fight at fifty paces with five shells

each—steel-patched bullets—and shoot till one killed. So he counted

out five in his hand and offered them to me, keeping the other five

for himself. I felt the five he gave me. They were full metal-patched,

all right; the kind for men to fight with; they’d either kill or make

a clean wound. But something about him—and I knew I had to be looking

for devilment—made me suspicious of him. ‘What are your five,’ I said

at a venture; ‘soft-nose? Are you going to use sporting lead on me?’

‘They’re the same as yours,’ he said; but I got more suspicious.

‘Let’s trade, then,’ I said. ‘Feel the steel on them, then,’ he handed

me one. I felt; and it was metal-patched, all right; but then I knew

what was the bottom of his whole objection to the bullets; his shell

was heavier than mine. Mine were lighter; they were unloaded; I mean

they had no powder. He knew the powder we use was so little compared

to the weight of the case and bullet it could easily pass all right;

no one could spot the difference—no one, except one trained like me;

and I was sure he never thought I could. It all flashed across me ten

times quicker than that as soon as I felt his cartridges; but I said

nothing. I told you I had my nerve that night. For the same second my

plan flashed to me, too; my plan to turn his own trick against him and

not let him know! So I gave him back his shell; let him think it was

all right; but I knocked all ten, his and mine, on the floor.

“Then we had to get down and look for them on the floor. I knew I

could pick out the good from the bad easy; but he—well, whenever I

found a light one, I left it; but when I found a heavy one, I kept it.

I got four good ones so easy and quick that he never guessed I was

picking them; he was fumbling—I could almost feel him sweat—trying to

be sure he was getting good shells. He got one, by accident, before I

found it; so I had to take one bad one; but I knew he had four bad,

though he himself couldn’t know anything about that. Then we loaded

the guns, and went out into the big room of the cabin, and backed away

from each other.

“I backed as quick as I could, but he went slower. I did that so I

could hear his footsteps, and I listened and knew just about where he

was. We didn’t either one of us want to fire first, for the other one

would see his flash and fire at it. But after I had waited as long as

I could and knew that he hadn’t moved because I heard no footsteps, I

fired twice—as fast as I could pull the trigger—where I heard him

last; and from just the opposite corner from where I last heard him, I

heard the click of his rifle—the hammer falling on one of his bad

shells, or it might have been the last for me. I didn’t see how he

could have got there without my knowing it; but I didn’t stop to think

of that. I just swung and gave it to him quick—two shots again, but

not so quick but that—between them—his hammer struck his good shell

and the bullet banged through the wall behind me. But then I gave him

my fourth shot—straight; for his hammer didn’t even click again.

Besides, I heard him fall. I waited a long time to see if he moved;

but he didn’t. I threw the bad cartridge out of my gun, and went over

and felt for him. I got the matchbox and lit matches and saw he was

dead; and I saw, too, how he had got in that corner without me

hearing. He was in his stockings; he had taken off his shoes and

sneaked from the corner where I first shot for him, so he would have

killed me if I hadn’t seen to it that he had the bad shells he fixed

for me. It struck a sort of a shiver to me to see that—to see him

tricky and fighting foul to the end. But that was like Neal, wasn’t

it, Steve? That was like him, clear to the last, looking for any

unfair advantage he could take? That’s how and why I killed Neal,

Steve—and this time it was justice, Steve! For Neal had it coming!

Steve, Steve! didn’t Neal have it coming?”

He stretched out his hands to his old friend, the brother of the man

he had killed, in pitiable appeal; and as the other rose, with his

face working with indecision and emotion, Trant saw that the question

he had asked and the answer that was to be given were for those two

alone, and he went out and left them.

The psychologist waited at the top of the high stone entrance steps

for several minutes before Sheppard joined him and stood drinking in

great breaths of the cold December air as though by its freshness to

restore his nervous balance.

“I do not know what your decision is, Mr. Sheppard,” said the younger

man finally, “as to what will be done in the matter. I may tell you

that the case had already given me independent confirmation of Mr.

Findlay’s remarkable statement in the important last particulars. So

it will be no surprise to me, and I shall not mention it, if I am

never called on by you to bear witness to the very full confession we

have just heard.”

“Confession?” Sheppard started. “Findlay does not regard it a

confession, Mr. Trant, but as his defense; and I—I rather think that

during the last few minutes I have been looking at it in that light.”

He led the way toward the automobile, and as they stepped into it, he

continued: “You have proved completely, Mr. Trant, all the assertions

you made at my house this morning, but I am still guessing how the

means you used could have made you think of Findlay as the man who

killed Neal—the one whom I would have least suspected.”

“You know already,” Trant answered, “what led me to the conclusion

that your brother was killed in the dark; and that it was certainly

not a murder, but a duel, or, at least, some sort of a formal fight

between two men, had occurred to me with compelling suggestiveness as

soon as the Indian showed to me the intact shells—all with full

metal-patched bullets, though these were not carried by you for game

and no other such shells were found in your brother’s belt. And not

only were the intact shells with steel-patched bullets, but the shots

fired were also steel-patched bullets, as the Indian noticed from

their holes through the logs. So here were two men with five

metal-patched shells apiece firing at each other.

“It still more strongly suggested some sort of a duel to me,” the

psychologist continued, “when they told us the singularly curious fact

that two of the bullets had pierced the wall directly above the place

where your brother’s shoes stood. This could reasonably be explained

if I held my suspicion that the men had fought a duel in the

dark—shooting by sound; but I could not even guess at any other

explanation which was not entirely fantastic. And when I discovered

immediately afterwards that, of the ten special shells which these men

seemed to have chosen to fire at each other, five had been unloaded,

it made the fact final to me; for it was utterly absurd to suppose

that of the ten shells to be shot under such circumstances, five—just

one half—would have been without powder by accident. But I am free to

confess,” Trant continued frankly, “that I did not even guess at the

true explanation of that—for I have accepted Mr. Findlay’s statement

as correct. I had accounted for it by supposing that, in this duel,

the men more consciously chose their cartridges and that the duel was

a sort of repeating rifle adaptation of two men dueling with one

loaded and one unloaded pistol. In the essential fact, however, I was

correct and that was that the men did choose the shells; so, granting

that, it was perfectly plain that one of the men had been able to

clearly discriminate between the loaded and the unloaded shells, and

the other had not. For not only did the one have four good shells to

the other’s one—in itself an almost convincing figure—but the man with

four did not even try to shoot his bad shell, while it appeared that

the other had tried to shoot his bad one first. Now as there was not

the slightest difference to the eye between the bad and good shells

and—that which made it final—the duel was fought in the dark, the

discrimination which one man had and your brother did not, could only

have been an ability for fine discrimination in weight.”

“I see!” Comprehension dawned curiously upon Sheppard’s face.

“For the bullet and the case of those special shells of yours, Mr.

Sheppard,” the psychologist continued rapidly, “were so heavy—weighing

together over three hundred grains, as I weighed them at your gun

cabinet—and the smokeless powder you were trying was of such

exceptional power that you had barely twenty grains in a cartridge; so

the difference in weight between one of those full shells and an empty

one was scarcely one-fifteenth—an extremely difficult difference for

one without special deftness to detect in such delicate weights. It

was entirely indistinguishable to you; and also apparently so to Mr.

Chapin, though I was not at first convinced whether it was really so

or not. However, as I have trained myself in laboratory work to fine

differences—a man may work up to discriminations as fine as

one-fortieth—I was able to make out this essential difference at once.

“This reduced my case to a single and extremely elementary

consideration: _could_ young Tyler have picked out those shells in the

dark and shot Neal Sheppard with them. If he could, then I could take

up the circumstantial evidence against him, which certainly seemed

strong. But if he could not, then I had merely to test the other men

who carried Sheppard-Tyler rifles and were gone from camp the night

your brother was shot, as well as young Tyler—though that circumstance

seemed to have been forgotten in the case against Tyler.”

“I see!” Sheppard cried again. “So that was what you were doing with

the steins and shot! But how could you tell that from the steins?”

“I was making a test, as you understand now, Mr. Sheppard,” Trant

explained, “to determine whether or not Tyler—and after him, Mr.

Chapin—could have distinguished easily between a loaded shell weighing

something over 320 grains and one without the 20 odd grains of

smokeless powder; that is, to find if either could discriminate

differences of no more than one-fifteenth in such a small weight. To

test for this in the laboratory and with the proper series of

experiment weights, I should have a number of rubber blocks of

precisely the same size and appearance, but graded in weight from 300

grains to something over 320 grains. If I had the subject take up the

300 grain weight and then the others in succession, asking him to call

them heavier or lighter or the same weight, and then made him go over

all the weights again in a different order, I could have as accurately

proved his sense of weight discrimination as an oculist can prove the

power of sight of the eyes, and with as little possibility of anyone

fooling me. But I could not arrange a proper series of experiment

weights of only 300 grains without a great deal of trouble; and it was

not necessary for me to do so. For under the operation of a well-known

psychological principle called Weber’s Law, I knew that the same ratio

of discrimination between weights holds pretty nearly constant for

each individual, whether the experiment is made with grains, or

ounces, or pounds. In other words, if a person’s ‘threshold of

difference’—as his power of weight discrimination is called—is only

one-tenth in grains, it is the same in drams or ounces; and if he can

not accurately determine whether one stein weighs one-fifteenth more

than another, neither can he pick out the heavier shell if the

difference is only one-fifteenth. So I merely had to take five of your

steins, fill the one I used as a standard with shot till it weighed

about six ounces, or 100 drams. The other steins I weighted to 105,

107, 108, 110 drams respectively; and by mixing them up and timing

both Tyler’s and Chapin’s answers so as to be sure they were answering

their honest, first impressions of the weights of the steins and were

not trying to trick me, I found that neither could consistently tell

whether the steins that weighed one-twentieth, one-fifteenth or even

the steins which weighed one-twelfth more were heavier, lighter or the

same as the standard stein; and it was only when they got the one

which weighed 110 drams and was one-tenth heavier that they were

always right. So I knew.”

“I see! I see!” Sheppard cried eagerly. “Then the coins you took to

Findlay were—”

“Weights to try him in precisely the same sense,” Trant continued.

“Only they approximated much more closely the weights of the bullets

and had, indeed, even finer differences in weight. Five were genuine

old florins weighing 400 grains, while the other five were light

twenty grains or only one-twentieth; yet Findlay picked them out at

once from the others, as soon as he compared them, without a moment’s

hesitation.”

“Simple as you make it out now, young man,” Sheppard said to his young

adviser admiringly, “it was a wonderful bit of work. And whether or

not it would have proved that you were needed to save Tyler’s life,

you have certainly saved me from making the most serious criminal

charge against him; and you have spared him and my niece from starting

their lives together under the shame and shadow of the public

knowledge of my brother’s past. I am going now, of course, to see that

Jim is freed and that even the suspicion that my brother was not

killed accidentally in the woods, gets no further than Captain

Crowley. I can see to that! And you, Mr. Trant—”

“I have retained the privilege, fortunately, Mr. Sheppard,” Trant

interrupted, “since I am unofficial, of judging for myself when

justice has been done. And I told you that the story we have just

heard satisfied me as the truth. My office is in the next block. You

will leave me there?”

The achievements of Luther Trant · 第 7 / 9 章