CHAPTER XXIII.

Checking an Alibi

(Thursday, June 20; 10.30 a.m.)

The Chatham Arms, where Major Benson lived, was a small exclusive

bachelor apartment-house in Forty-sixth Street, midway between Fifth

and Sixth Avenues. The entrance, set in a simple and dignified façade,

was flush with the street, and only two steps above the pavement. The

front door opened into a narrow hallway with a small reception room,

like a _cul-de-sac_, on the left. At the rear could be seen the

elevator; and beside it, tucked under a narrow flight of iron stairs

which led round the elevator shaft, was a telephone switchboard.

When we arrived two youths in uniform were on duty, one lounging in

the door of the elevator, the other seated at the switchboard.

Vance halted Markham near the entrance.

“One of these boys, I was informed over the telephone, was on duty the

night of the thirteenth. Find out which one it was, and scare him into

submission by your exalted title of District Attorney. Then turn him

over to me.”

Reluctantly Markham walked down the hallway. After a brief

interrogation of the boys, he led one of them into the reception room,

and peremptorily explained what he wanted.*

* The boy was Jack Prisco, of 621 Kelly Street.

[Illustration: First floor of Chatham Arms Apartment in West

Forty-sixth Street. A plan of the ground floor of an apartment

building in West 46th Street. The entrance is on the south side, and

an entrance hall leads into a room with an elevator. Stairs wind

around an elevator shaft, and a small room containing a telephone

switchboard is next to the elevator doors, underneath the stairs. To

the left of the entrance hall is a reception room.]

Vance began his questioning with the confident air of one who has no

doubt whatever as to another’s exact knowledge.

“What time did Major Benson get home the night his brother was shot?”

The boy’s eyes opened wide.

“He came in about ’leven—right after show time,” he answered, with

only a momentary hesitation.

(I have set down the rest of the questions and answers in

dramatic-dialogue form, for purposes of space economy.)

Vance: He spoke to you, I suppose?

Boy: Yes, sir. He told me he’d been to the theatre, and said what a

rotten show it was—and that he had an awful headache.

Vance: How do you happen to remember so well what he said a week ago?

Boy: Why, his brother was murdered that night!

Vance: And the murder caused so much excitement that you naturally

recalled everything that happened at the time in connection with Major

Benson?

Boy: Sure—he was the murdered guy’s brother.

Vance: When he came in that night did he say anything about the day of

the month?

Boy: Nothin’ except that he guessed his bad luck in pickin’ a bum show

was on account of it bein’ the thirteenth.

Vance: Did he say anything else?

Boy (_grinning_): He said he’d make the thirteenth my lucky day, and

he gave me all the silver he had in his pocket—nickels and dimes and

quarters and one fifty-cent piece.

Vance: How much altogether?

Boy: Three dollars and forty-five cents.

Vance: And then he went to his room?

Boy: Yes, sir—I took him up. He lives on the third floor.

Vance: Did he go out again later?

Boy: No, sir.

Vance: How do you know?

Boy: I’d ’ve seen him. I was either answerin’ the switchboard or

runnin’ the elevator all night. He couldn’t ’ve got out without my

seein’ him.

Vance: Were you alone on duty?

Boy: After ten o’clock there’s never but one boy on.

Vance: And there’s no other way a person could leave the house except

by the front door?

Boy: No, sir.

Vance: When did you next see Major Benson?

Boy (_after thinking a moment_): He rang for some cracked ice, and I

took it up.

Vance: What time?

Boy: Why—I don’t know exactly. . . . Yes, I do! It was half past

twelve.

Vance (_smiling faintly_): He asked you the time, perhaps?

Boy: Yes, sir, he did. He asked me to look at his clock in his parlor.

Vance: How did he happen to do that?

Boy: Well, I took up the ice, and he was in bed; and he asked me to

put it in his pitcher in the parlor. When I was doin’ it he called to

me to look at the clock on the mantel and tell him what time it was.

He said his watch had stopped and he wanted to set it.

Vance: What did he say then?

Boy: Nothin’ much. He told me not to ring his bell, no matter who

called up. He said he wanted to sleep, and didn’t want to be woke up.

Vance: Was he emphatic about it?

Boy: Well—he meant it, all right.

Vance: Did he say anything else?

Boy: No. He just said good-night and turned out the light, and I came

on downstairs.

Vance: What light did he turn out?

Boy: The one in his bed-room.

Vance: Could you see into his bed-room from the parlor?

Boy: No. The bed-room’s off the hall.

Vance: How could you tell the light was turned off then?

Boy: The bed-room door was open, and the light was shinin’ into the

hall.

Vance: Did you pass the bed-room door when you went out?

Boy: Sure—you have to.

Vance: And was the door still open?

Boy: Yes.

Vance: Is that the only door to the bed-room?

Boy: Yes.

Vance: Where was Major Benson when you entered the apartment?

Boy: In bed.

Vance: How do you know?

Boy (_mildly indignant_): I saw him.

Vance (_after a pause_): You’re quite sure he didn’t come downstairs

again?

Boy: I told you I’d ’ve seen him if he had.

Vance: Couldn’t he have walked down at some time when you had the

elevator upstairs, without your seeing him?

Boy: Sure, he could. But I didn’t take the elevator up after I’d took

the Major his cracked ice until round two-thirty, when Mr. Montagu

came in.

Vance: You took no one up in the elevator, then, between the time you

brought Major Benson the ice and when Mr. Montagu came in at

two-thirty?

Boy: Nobody.

Vance: And you didn’t leave the hall here between those hours?

Boy: No. I was sittin’ here all the time.

Vance: Then the last time you saw him was in bed at twelve-thirty?

Boy: Yes—until early in the morning when some dame* ’phoned him and

said his brother had been murdered. He came down and went out about

ten minutes after.

* Obviously Mrs. Platz.

Vance (_giving the boy a dollar_): That’s all. But don’t you open your

mouth to anyone about our being here, or you may find yourself in the

lock-up—understand? . . . Now, get back to your job.

When the boy had left us, Vance turned a pleading gaze upon Markham.

“Now, old man, for the protection of society, and the higher demands

of justice, and the greatest good for the greatest number, and _pro

bono publico_, and that sort of thing, you must once more adopt a

course of conduct contr’ry to your innate promptings—or whatever the

phrase you used. Vulgarly put, I want to snoop through the Major’s

apartment at once.”

“What for?” Markham’s tone was one of exclamatory protest. “Have you

completely lost your senses? There’s no getting round the boy’s

testimony. I may be weak-minded, but I know when a witness like that

is telling the truth.”

“Certainly, he’s telling the truth,” agreed Vance serenely. “That’s

just why I want to go up.—Come, my Markham. There’s no danger of the

Major returning _en surprise_ at this hour. . . . And”—he smiled

cajolingly—“you promised me every assistance, don’t y’ know.”

Markham was vehement in his remonstrances, but Vance was equally

vehement in his insistence; and a few minutes later we were

trespassing, by means of a pass-key, in Major Benson’s apartment.

The only entrance was a door leading from the public hall into a

narrow passageway which extended straight ahead into the living-room

at the rear. On the right of this passageway, near the entrance, was a

door opening into the bed-room.

Vance walked directly back into the living-room. On the right-hand

wall was a fireplace and a mantel on which sat an old-fashioned

mahogany clock. Near the mantel, in the far corner, stood a small

table containing a silver ice-water service consisting of a pitcher

and six goblets.

[Illustration: Third floor of Chatham Arms Apartment in West

Forty-sixth Street. The floor plan of an apartment. The front door

opens into a hallway that leads past a bedroom door into a living

room. In the living room is a clock on the fireplace mantel, and a

round table in the far corner. In the bedroom is a bed facing the

door. A night table stands by the bed, and a lamp is on the night

table.]

“There is our very convenient clock,” said Vance. “And there is the

pitcher in which the boy put the ice—imitation Sheffield plate.”

Going to the window he glanced down into the paved rear court

twenty-five or thirty feet below.

“The Major certainly couldn’t have escaped through the window,” he

remarked.

He turned and stood a moment looking into the passageway.

“The boy could easily have seen the light go out in the bed-room, if

the door was open. The reflection on the glazed white wall of the

passage would have been quite brilliant.”

Then, retracing his steps, he entered the bed-room. It contained a

small canopied bed facing the door, and beside it stood a night-table

on which was an electric lamp. Sitting down on the edge of the bed, he

looked about him, and turned the lamp on and off by the socket-chain.

Presently he fixed his eyes on Markham.

“You see how the Major got out without the boy’s knowing it—eh, what?”

“By levitation, I suppose,” submitted Markham.

“It amounted to that, at any rate,” replied Vance. “Deuced ingenious,

too. . . . Listen, Markham:—At half past twelve the Major rang for

cracked ice. The boy brought it, and when he entered he looked in

through the door, which was open, and saw the Major in bed. The Major

told him to put the ice in the pitcher in the living-room. The boy

walked on down the passage and across the living-room to the table in

the corner. The Major then called to him to learn the time by the

clock on the mantel. The boy looked: it was half past twelve. The

Major replied that he was not to be disturbed again, said good-night,

turned off this light on this night-table, jumped out of bed—he was

dressed, of course—and stepped quickly out into the public hall before

the boy had time to empty the ice and return to the passage. The Major

ran down the stairs and was in the street before the elevator

descended. The boy, when he passed the bed-room door on his way out,

could not have seen whether the Major was still in bed or not, even if

he had looked in, for the room was then in darkness.—Clever, what?”

“The thing would have been possible, of course,” conceded Markham.

“But your specious imaginings fail to account for his return.”

“That was the simplest part of the scheme. He prob’bly waited in a

doorway across the street for some other tenant to go in. The boy said

a Mr. Montagu returned about two-thirty. Then the Major slipped in

when he knew the elevator had ascended, and walked up the stairs.”

Markham, smiling patiently, said nothing.

“You perceived,” continued Vance, “the pains taken by the Major to

establish the date and the hour, and to impress them on the boy’s

mind. Poor show—headache—unlucky day. Why unlucky? The thirteenth, to

be sure. But lucky for the boy. A handful of money—all silver.

Singular way of tipping, what? But a dollar bill might have been

forgotten.”

A shadow clouded Markham’s face, but his voice was as indulgently

impersonal as ever.

“I prefer your case against Mrs. Platz.”

“Ah, but I’ve not finished.” Vance stood up. “I have hopes of finding

the weapon, don’t y’ know.”

Markham now studied him with amused incredulity.

“That, of course, would be a contributory factor. . . . You really

expect to find it?”

“Without the slightest diff’culty,” Vance pleasantly assured him.

He went to the chiffonier and began opening the drawers.

“Our absent host didn’t leave the pistol at Alvin’s house; and he was

far too canny to throw it away. Being a major in the late war, he’d be

expected to have such a weapon: in fact, several persons may actu’lly

have known he possessed one. And if he is innocent—as he fully expects

us to assume—why shouldn’t it be in its usual place? Its absence, d’

ye see, would be more incriminatin’ than its presence. Also, there’s a

most int’restin’ psychological factor involved. An innocent person who

was afraid of being thought guilty, would have hidden it, or thrown it

away—like Captain Leacock, for example. But a guilty man, wishing to

create an appearance of innocence, would have put it back exactly

where it was before the shooting.”

He was still searching through the chiffonier.

“Our only problem, then, is to discover the custom’ry abiding place of

the Major’s gun. . . . It’s not here in the chiffonier,” he added,

closing the last drawer.

He opened a kit-bag standing at the foot of the bed, and rifled its

contents.

“Nor here,” he murmured indifferently. “The clothes-closet is the only

other likely place.”

Going across the room, he opened the closet door. Unhurriedly he

switched on the light. There, on the upper shelf, in plain view, lay

an army belt with a bulging holster.

Vance lifted it with extreme delicacy and placed it on the bed near

the window.

“There you are, old chap,” he cheerfully announced, bending over it

closely. “Please take particular note that the entire belt and

holster—with only the exception of the holster’s flap—is thickly

coated with dust. The flap is comparatively clean, showing it has been

opened recently. . . . Not conclusive, of course; but you’re so

partial to clues, Markham.”

He carefully removed the pistol from the holster.

“Note, also, that the gun itself is innocent of dust. It has been

recently cleaned, I surmise.”

His next act was to insert a corner of his handkerchief into the

barrel. Then, withdrawing it, he held it up.

“You see—eh, what? Even the inside of the barrel is immaculate. . . .

And I’ll wager all my Cézannes against an LL.B. degree, that there

isn’t a cartridge missing.”

He extracted the magazine, and poured the cartridges onto the

night-table, where they lay in a neat row before us. There were

seven—the full number for that style of gun.

“Again, Markham, I present you with one of your revered clues.

Cartridges that remain in a magazine for a long time become slightly

tarnished, for the catch-plate is not air-tight. But a fresh box of

cartridges is well sealed, and its contents retain their lustre much

longer.”

He pointed to the first cartridge that had rolled out of the magazine.

“Observe that this one cartridge—the last to be inserted into the

magazine—is a bit brighter than its fellows. The inf’rence is—you’re

an adept at inf’rences, y’ know—that it is a newer cartridge, and was

placed in the magazine rather recently.”

He looked straight into Markham’s eyes.

“It was placed there to take the place of the one which Captain

Hagedorn is keeping.”

Markham lifted his head jerkily, as if shaking himself out of an

encroaching spell of hypnosis. He smiled, but with an effort.

“I still think your case against Mrs. Platz is your masterpiece.”

“My picture of the Major is merely blocked in,” answered Vance. “The

revealin’ touches are to come. But first, a brief catechism: . . . How

did the Major know that brother Alvin would be home at twelve-thirty

on the night of the thirteenth?—He heard Alvin invite Miss St. Clair

to dinner—remember Miss Hoffman’s story of his eavesdropping?—and he

also heard her say she’d unfailingly leave at midnight. When I said

yesterday, after we had left Miss St. Clair, that something she told

us would help convict the guilty person, I referred to her statement

that midnight was her invariable hour of departure. The Major

therefore knew Alvin would be home about half past twelve, and he was

pretty sure that no one else would be there. In any event, he could

have waited for him, what? . . . Could he have secured an immediate

audience with his brother _en déshabillé_?—Yes. He tapped on the

window: his voice was recognized beyond any shadow of doubt; and he

was admitted instanter. Alvin had no sartorial modesties in front of

his brother, and would have thought nothing of receiving him without

his teeth and toupee. . . . Is the Major the right height?—He is. I

purposely stood beside him in your office the other day; and he is

almost exactly five feet, ten and a half.”

Markham sat staring silently at the disembowelled pistol. Vance had

been speaking in a voice quite different from that he had used when

constructing his hypothetical cases against the others; and Markham

had sensed the change.

“We now come to the jewels,” Vance was saying. “I once expressed the

belief, you remember, that when we found the security for Pfyfe’s

note, we would put our hands on the murderer. I thought then the Major

had the jewels; and after Miss Hoffman told us of his requesting her

not to mention the package, I was sure of it. Alvin took them home on

the afternoon of the thirteenth, and the Major undoubtedly knew it.

This fact, I imagine, influenced his decision to end Alvin’s life that

night. He wanted those baubles, Markham.”

He rose jauntily and stepped to the door.

“And now, it remains only to find ’em. . . . The murderer took ’em

away with him; they couldn’t have left the house any other way.

Therefore, they’re in this apartment. If the Major had taken them to

the office, someone might have seen them; and if he had placed them in

a safe deposit-box, the clerk at the bank might have remembered the

episode. Moreover, the same psychology that applies to the gun,

applies to the jewels. The Major has acted throughout on the

assumption of his innocence; and, as a matter of fact, the trinkets

were safer here than elsewhere. There’d be time enough to dispose of

them when the affair blew over. . . . Come with me a moment, Markham.

It’s painful, I know; and your heart’s too weak for an anæsthetic.”

Markham followed him down the passageway in a kind of daze. I felt a

great sympathy for the man, for now there was no question that he knew

Vance was serious in his demonstration of the Major’s guilt. Indeed, I

have always felt that Markham suspected the true purpose of Vance’s

request to investigate the Major’s alibi, and that his opposition was

due as much to his fear of the results as to his impatience with the

other’s irritating methods. Not that he would have balked ultimately

at the truth, despite his long friendship for Major Benson; but he was

struggling—as I see it now—with the inevitability of circumstances,

hoping against hope that he had read Vance incorrectly, and that, by

vigorously contesting each step of the way, he might alter the very

shape of destiny itself.

Vance led the way to the living-room, and stood for five minutes

inspecting the various pieces of furniture, while Markham remained in

the doorway watching him through narrowed lids, his hands crowded deep

into his pockets.

“We could, of course, have an expert searcher rake the apartment over

inch by inch,” observed Vance. “But I don’t think it necess’ry. The

Major’s a bold, cunning soul: witness his wide square forehead, the

dominating stare of his globular eyes, the perpendicular spine, and

the indrawn abdomen. He’s forthright in all his mental operations.

Like Poe’s Minister D——, he would recognize the futility of

painstakingly secreting the jewels in some obscure corner. And anyhow,

he had no object in secreting them. He merely wished to hide ’em where

there’d be no chance of their being seen. This naturally suggests a

lock and key, what? There was no such _cache_ in the bed-room—which is

why I came here.”

He walked to a squat rose-wood desk in the corner, and tried all its

drawers; but they were unlocked. He next tested the table drawer; but

that, too, was unlocked. A small Spanish cabinet by the window proved

equally disappointing.

“Markham, I simply must find a locked drawer,” he said.

He inspected the room again, and was about to return to the bed-room

when his eye fell on a Circassian-walnut humidor half hidden by a pile

of magazines on the under-shelf of the center-table. He stopped

abruptly, and going quickly to the box, endeavored to lift the top. It

was locked.

“Let’s see,” he mused: “what does the Major smoke? _Romeo y Julieta

Perfeccionados_, I believe—but they’re not sufficiently valuable to

keep under lock and key.”

He picked up a strong bronze paper-knife lying on the table, and

forced its point into the crevice of the humidor just above the lock.

“You can’t do that!” cried Markham; and there was as much pain as

reprimand in his voice.

Before he could reach Vance, however, there was a sharp click, and the

lid flew open. Inside was a blue-velvet jewel-case.

“Ah! ‘Dumb jewels more quick than words,’” said Vance, stepping back.

Markham stood staring into the humidor with an expression of tragic

distress. Then slowly he turned and sank heavily into a chair.

“Good God!” he murmured. “I don’t know what to believe.”

“In that respect,” returned Vance, “you’re in the same disheartenin’

predic’ment as all the philosophers.—But you were ready enough, don’t

y’ know, to believe in the guilt of half a dozen innocent people. Why

should you gag at the Major, who actu’lly is guilty?”

His tone was contemptuous, but a curious, inscrutable look in his eyes

belied his voice; and I remembered that, although these two men were

welded in an indissoluble friendship, I had never heard a word of

sentiment, or even sympathy, pass between them.

Markham had leaned forward in an attitude of hopelessness, elbows on

knees, his head in his hands.

“But the motive!” he urged. “A man doesn’t shoot his brother for a

handful of jewels.”

“Certainly not,” agreed Vance. “The jewels were a mere addendum. There

was a vital motive—rest assured. And, I fancy, when you get your

report from the expert accountant, all—or at least a goodly part—will

be revealed.”

“So that was why you wanted his books examined?”

Markham stood up resolutely.

“Come: I’m going to see this thing through.”

Vance did not move at once. He was intently studying a small antique

candlestick of oriental design on the mantel.

“I say!” he muttered. “That’s a dev’lish fine copy!”

The Benson murder case · 第 23 / 25 章