THE THIRD MAN

I

When Webster G. Burgess asked ten of his cronies to dine with him

at the University Club on a night in January they assumed that the

president of the White River National had been indulging in another

adventure which he wished to tell them about.

In spite of their constant predictions that if he didn’t stop hiding

crooks in his house and playing tricks on the Police Department he

would ultimately find himself in jail, Mr. Burgess continued to find

amusement in frequent dallyings with gentlemen of the underworld. In

a town of approximately three hundred thousand people a banker is

expected to go to church on Sundays and otherwise conduct himself as

a decent, orderly, and law-abiding citizen, but the president of the

White River National did not see things in that light. As a member of

the Board of Directors of the Released Prisoners’ Aid Society he was

always ready with the excuse that his heart was deeply moved by the

misfortunes of those who keep to the dark side of the street, and that

sincere philanthropy covered all his sins in their behalf.

When his friends met at the club and found Governor Eastman one of the

dinner party, they resented the presence of that dignitary as likely

to impose restraints upon Burgess, who, for all his jauntiness, was

not wholly without discretion. But the governor was a good fellow, as

they all knew, and a story-teller of wide reputation. Moreover, he was

taking his job seriously, and, being practical men, they liked this

about him. It was said that no governor since Civil War times had spent

so many hours at his desk or had shown the same zeal and capacity for

gathering information at first hand touching all departments of the

State government. Eastman, as the country knows, is an independent

character, and it was this quality, shown first as a prosecuting

attorney, that had attracted attention and landed him in the seat of

the Hoosier governors.

“I suppose,” remarked Kemp as they sat down, “that these tablets are

scattered around the table so we can make notes of the clever things

that will be said here tonight. It’s a good idea and gives me a chance

to steal some of your stories, governor.”

A scratch pad with pencil attached had been placed at each plate, and

the diners spent several minutes in chaffing Burgess as to the purpose

of this unusual table decoration.

“I guess,” said Goring, “that Web is going to ask us to write limericks

for a prize and that the governor is here to judge the contest. Indoor

winter sports don’t appeal to me; I pass.”

“I’m going to write notes to the House Committee on mine,” said

Fanning; “the food in this club is not what it used to be, and it’s

about time somebody kicked.”

“As I’ve frequently told you,” remarked Burgess, smiling upon them from

the head of the table, “you fellows have no imagination. You’d never

guess what those tablets are for, and maybe I’ll never tell you.”

“Nothing is so innocent as a piece of white paper,” said the governor,

eyeing his tablet. “We’d better be careful not to jot down anything

that might fly up and hit us afterward. For all we know, it may be

a scheme to get our signatures for Burgess to stick on notes without

relief from valuation or appraisement laws. It’s about time for another

Bohemian oats swindle, and our friend Burgess may expect to work us for

the price of the dinner.”

“Web’s bound to go to jail some day,” remarked Ramsay, the surgeon,

“and he’d better do it while you’re in office, governor. You may not

know that he’s hand in glove with all the criminals in the country: he

quit poker so he could give all his time to playing with crooks.”

“The warden of the penitentiary has warned me against him,” replied the

governor easily. “Burgess has a man at the gate to meet convicts as

they emerge, and all the really bad ones are sent down here for Burgess

to put up at this club.”

“I never did that but once,” Burgess protested, “and that was only

because my mother-in-law was visiting me and I was afraid she wouldn’t

stand for a burglar as a fellow guest. My wife’s got used to ’em. But

the joke of putting that chap up here at the club isn’t on me, but on

Ramsay and Colton. They had luncheon with him one day and thanked me

afterward for introducing them to so interesting a man. I told them he

was a manufacturer from St. Louis, and they swallowed it whole. Pettit

was the name, but he has a string of aliases as long as this table, and

there’s not a rogues’ gallery in the country where he isn’t indexed.

You remember, Colton, he talked a good deal of his travels, and he

could do so honestly, as he’d cracked safes all the way from Boston to

Seattle.”

Ramsay and Colton protested that this could not be so; that the man

they had luncheon with was a shoe manufacturer and had talked of his

business as only an expert could.

The governor and Burgess exchanged glances, and both laughed.

“He knew the shoe business all right enough,” said Burgess, “for he

learned it in the penitentiary and proved so efficient that they made

him foreman of the shop!”

“I suppose,” said Kemp, “that you’ve got another crook coming to take

that vacant chair. You’d better tell us about him so we won’t commit

any social errors.”

At the governor’s right there was an empty place, and Burgess remarked

carelessly that they were shy a man, but that he would turn up later.

“I’ve asked Tate, a banker at Lorinsburg, to join us and he’ll be

along after a while. Any of you know Tate? One of our scouts recently

persuaded him to transfer his account to us, and as this is the first

time he’s been in town since the change I thought it only decent to

show him some attention. We’re both directors in a company that’s

trying to develop a tile factory in his town, so you needn’t be afraid

I’m going to put anything over on you. Tate’s attending a meeting

tonight from which I am regrettably absent! He promised to be here

before we got down to the coffee.”

As the dinner progressed the governor was encouraged to tell stories,

and acceded good-naturedly by recounting some amusing things that had

happened in the course of his official duties.

“But it isn’t all so funny,” he said gravely after keeping them in

a roar for half an hour. “In a State as big as this a good many

disagreeable things happen, and people come to me every day with

heart-breaking stories. There’s nothing that causes me more anxiety

than the appeals for pardon; if the pardoning power were taken away

from me, I’d be a much happier man. The Board of Pardons winnows out

the cases, but even at that there’s enough to keep me uncomfortable.

It isn’t the pleasantest feeling in the world that as you go to bed at

night somebody may be suffering punishment unjustly, and that it’s up

to you to find it out. When a woman comes in backed by a child or two

and cries all over your office about her husband who’s doing time and

tells you he wasn’t guilty, it doesn’t cheer you much; not by a jugful!

Wives, mothers, and sisters: the wives shed more tears, the sisters put

up the best argument, but the mothers give you more sleepless nights.”

“If it were up to me,” commented Burgess, “I’m afraid I’d turn ’em all

out!”

“You would,” chorused the table derisively, “and when you’d emptied the

penitentiaries you’d burn ’em down!”

“Of course there’s bound to be cases of flagrant injustice,” suggested

Kemp. “And the feelings of a man who is locked up for a crime he never

committed must be horrible. We hear now and then of such cases and it

always shakes my faith in the law.”

“The law does the best it can,” replied the governor a little

defensively, “but, as you say, mistakes do occur. The old saying that

murder will out is no good; we can all remember cases where the truth

was never known. Mistakes occur constantly, and it’s the fear of not

rectifying them that’s making a nervous wreck of me. I have in my

pocket now a blank pardon that I meant to sign before I left my office,

but I couldn’t quite bring myself to the point. The Pardon Board has

made the recommendation, not on the grounds of injustice--more, I’m

afraid, out of sympathy than anything else--and we have to be careful

of our sympathies in these matters. And here again there’s a wife to

reckon with. She’s been at my office nearly every day for a year,

and she’s gone to my wife repeatedly to enlist her support. And it’s

largely through Mrs. Eastman’s insistence that I’ve spent many weeks

studying the case. It’s a murder: what appeared to be a heartless,

cold-blooded assassination. And some of you may recall it--the Avery

case, seven years ago, in Salem County.”

Half the men had never heard of it and the others recalled it only

vaguely.

“It was an interesting case,” Burgess remarked, wishing to draw the

governor out. “George Avery was a man of some importance down there

and stood high in the community. He owned a quarry almost eleven miles

from Torrenceville and maintained a bungalow on the quarry land where

he used to entertain his friends with quail hunting and perhaps now

and then a poker party. He killed a man named Reynolds who was his

guest. As I remember, there seemed to be no great mystery about it,

and Avery’s defense was a mere disavowal and a brilliant flourish of

character witnesses.”

“For all anybody ever knew, it was a plain case, as Burgess says,”

the governor began. “Avery and Reynolds were business acquaintances

and Avery had invited Reynolds down there to discuss the merging of

their quarry interests. Reynolds was found dead a little way from the

bungalow by some of the quarry laborers. He had been beaten on the

head, with a club in the most barbarous fashion. Reynolds’s overcoat

was torn off and the buttons ripped from his waistcoat, pointing to

a fierce struggle before his assailant got him down and pounded the

life out of him. The purpose was clearly not robbery, as Reynolds had a

considerable sum of money on his person that was left untouched. When

the men who found the body went to rouse Avery he collapsed when told

that Reynolds was dead. In fact, he lay in a stupor for a week, and

they could get nothing out of him. Tracks? No; it was a cold December

night and the ground was frozen.

“Reynolds had meant to take a midnight train for Chicago, and Avery

had wired for special orders to stop at the quarry station, to save

Reynolds the trouble of driving into Torrenceville. One might have

supposed that Avery would accompany his visitor to the station,

particularly as it was not a regular stop for night trains and the way

across the fields was a little rough. I’ve personally been over all

the ground. There are many difficult and inexplicable things about

the case, the absence of motive being one of them. The State asserted

business jealousy and substantiated it to a certain extent, and the

fact that Avery had taken the initiative in the matter of combining

their quarry interests and might have used undue pressure on Reynolds

to force him to the deal is to be considered.”

The governor lapsed into silence, seemingly lost in reverie. With his

right hand he was scribbling idly on the tablet that lay by his plate.

The others, having settled themselves comfortably in their chairs,

hoping to hear more of the murder, were disappointed when he ceased

speaking. Burgess’s usual calm, assured air deserted him. He seemed

unwontedly restless, and they saw him glance furtively at his watch.

“Please, governor, won’t you go on with the story?” pleaded Colton.

“You know that nothing that’s said at one of Web’s parties ever goes

out of the room.”

“That,” laughed the governor, “is probably unfortunate, as most of his

stories ought to go to the grand jury. But if I may talk here into the

private ear of you gentlemen I will go on a little further. I’ve got

to make up my mind in the next hour or two about this case, and it may

help me to reach a conclusion to think aloud about it.”

“You needn’t be afraid of us,” said Burgess encouragingly. “We’ve been

meeting here--about the same crowd--once a month for five years, and

nobody has ever blabbed anything.”

“All right; we’ll go a bit further. Avery’s stubborn silence was a

contributing factor in his prompt conviction. A college graduate, a

high-strung, nervous man, hard-working and tremendously ambitious;

successful, reasonably prosperous, happy in his marriage, and with

every reason for living straight: there you have George Avery as I make

him out to have been when this calamity befell him. There was just one

lapse, one error, in his life, but that didn’t figure in the case, and

I won’t speak of it now. His conduct from the moment of his arrest, a

week following the murder, and only after every other possible clue

had been exhausted by the local authorities, was that of a man mutely

resigned to his fate. I find from the records that he remained at the

bungalow in care of a physician, utterly dazed, it seemed, by the thing

he had done, until a warrant was issued and he was put in jail. He’s

been a prisoner ever since, and his silence has been unbroken to this

day. His wife assures me that he never, not even to her, said one word

about the case more than to declare his innocence. I’ve seen him at the

penitentiary on two occasions, but could get nothing out of him. In

fact, I exhausted any ingenuity I may have in attempting to surprise

him into some admission that would give me ground for pardoning him,

but without learning anything that was not in the State’s case. They’re

using him as a bookkeeper, and he’s made a fine record: a model

convict. The long confinement has told seriously on his health, which

is the burden of his wife’s plea for his release, but he wouldn’t even

discuss that.

“There was no one else at the bungalow on the night of the murder,”

the governor continued. “It was Avery’s habit to get his meals at the

house of the quarry superintendent, about five hundred yards away, and

the superintendent’s wife cared for the bungalow, but the men I’ve had

at work couldn’t find anything in that to hang a clue on. You see,

gentlemen, after seven years it’s not easy to work up a case, but two

expert detectives that I employed privately to make some investigations

along lines I suggested have been of great assistance. Failing to catch

the scent where the trial started, I set them to work backward from a

point utterly remote from the scene. It was a guess, and ordinarily it

would have failed, but in this case it has brought results that are all

but convincing.”

The tablets and pencils that had been distributed along the table had

not been neglected. The guests, without exception, had been drawing

or scribbling; Colton had amused himself by sketching the governor’s

profile. Burgess seemed not to be giving his undivided attention to the

governor’s review of the case. He continued to fidget, and his eyes

swept the table with veiled amusement. Then he tapped a bell and a

waiter appeared.

“Pardon me a moment, governor, till the cigars are passed again.”

In his round with the cigar tray the Jap, evidently by prearrangement,

collected the tablets and laid them in front of Burgess.

“Changed your mind about the Limerick contest, Web?” asked some one.

“Not at all,” said Burgess carelessly; “the tablets have fulfilled

their purpose. It was only a silly idea of mine anyhow.” They noticed,

however, that a tablet was left at the still vacant place that awaited

the belated guest, and they wondered at this, surmising that Burgess

had planned the dinner carefully and that the governor’s discussion of

the Avery case was by connivance with their host. With a quickening of

interest they drew their chairs closer to the table.

“The prosecuting attorney who represented the State in the trial is

now a judge of the Circuit Court,” the governor resumed when the

door closed upon the waiter. “I have had many talks with him about

this case. He confesses that there are things about it that still

puzzle him. The evidence was purely circumstantial, as I have already

indicated; but circumstantial evidence, as Thoreau once remarked, may

be very convincing, as when you find a trout in the milk! But when

two men have spent a day together in the house of one of them, and

the other is found dead in a lonely place not far away, and suspicion

attaches to no one but the survivor--not even the tramp who usually

figures in such speculations--a jury of twelve farmers may be pardoned

for taking the State’s view of the matter.”

“The motive you spoke of, business jealousy, doesn’t seem quite

adequate unless it could be established that they had quarreled and

that there was a clear showing of enmity,” suggested Fullerton, the

lawyer.

“You are quite right, and the man who prosecuted Avery admits it,” the

governor answered.

“There may have been a third man in the affair,” suggested Ramsey, “and

I suppose the cynical must have suggested the usual woman in the case.”

“I dare say those possibilities were thrashed out at the time,” the

governor replied; “but the only woman in this case is Avery’s wife,

and she and Reynolds had never met. I have found nothing to sustain

any suspicion that there was a woman in the case. Avery’s ostensible

purpose in asking Reynolds to visit him at that out-of-the-way place

was merely that they could discuss the combination of their quarry

interests privately, and close to Avery’s plant. It seems that Avery

had undertaken the organization of a big company to take over a

number of quarries whose product was similar, and that he wished to

confer secretly with Reynolds to secure his sanction to a selling

agreement before the others he wanted to get into the combination

heard of it. That, of course, is perfectly plausible; I could make a

good argument justifying that. Reynolds, like many small capitalists

in country towns, had a number of irons in the fire and had done

some promoting on his own hook. All the financial genius and all the

financial crookedness aren’t confined to Wall Street, though I forget

that sometimes when I’m on the stump! I’m disposed to think from what

I’ve learned of both of them that Avery wasn’t likely to put anything

over on Reynolds, who was no child in business matters. And there

was nothing to show that Avery had got him down there for any other

purpose than to effect a merger of quarry interests for their mutual

benefit.”

“There probably were papers to substantiate that,” suggested Fullerton;

“correspondence and that sort of thing.”

“Certainly; I have gone into that,” the governor replied. “All the

papers remain in the office of the prosecuting attorney, and I have

examined them carefully. Now, if Avery had been able to throw suspicion

on some one else you’d think he’d have done so. And if there had been a

third person at the bungalow that night you’d imagine that Avery would

have said so; it’s not in human nature for one man to take the blame

for another’s crime, and yet we do hear of such things, and I have read

novels and seen plays built upon that idea. But here is Avery with

fifteen years more to serve, and, if he’s been bearing the burden and

suffering the penalty of another’s sin, I must say that he’s taking it

all in an amazing spirit of self-sacrifice.”

“Of course,” said Fullerton, “Reynolds may have had an enemy who

followed him there and lay in wait for him. Or Avery may have connived

at the crime without being really the assailant. That is conceivable.”

“We’ll change the subject for a moment,” said the governor, “and return

to our muttons later.”

He spoke in a low tone to Burgess, who looked at his watch and answered

audibly:

“We have half an hour more.”

The governor nodded and, with a whimsical smile, began turning over the

tablets.

“These pads were placed before you for a purpose which I will now

explain. I apologize for taking advantage of you, but you will pardon

me, I’m sure, when I tell you my reason. I’ve dipped into psychology

lately with a view to learning something of the mind’s eccentricities.

We all do things constantly without conscious effort, as you know;

we perform acts automatically without the slightest idea that we are

doing them. At meetings of our State boards I’ve noticed that nobody

ever uses the pads that are always provided except to scribble on. Many

people have that habit of scribbling on anything that’s handy. Hotel

keepers knowing this, provide pads of paper ostensibly for memoranda

that guests may want to make while at the telephone, but really to keep

them from defacing the wall. Left alone with pencil and paper, most of

us will scribble something or draw meaningless figures.

“Sometimes it’s indicative of a deliberate turn of mind; again it’s

sheer nervousness. After I had discussed this with a well-known

psychologist I began watching myself and found that I made a succession

of figure eights looped together in a certain way--I’ve been doing it

here!

“And now,” he went on with a chuckle, “you gentlemen have been

indulging this same propensity as you listened to me. I find on one

pad the word Napoleon written twenty times with a lot of flourishes;

another has traced a dozen profiles of a man with a bulbous nose: it is

the same gentleman, I find, who honored me by drawing me with a triple

chin--for which I thank him. And here’s what looks like a dog kennel

repeated down the sheet. Still another has sketched the American flag

all over the page. If the patriotic gentleman who drew the flag will

make himself known, I should like to ask him whether he’s conscious of

having done that before?”

“I’m guilty, governor,” Fullerton responded. “I believe it is a habit

of mine. I’ve caught myself doing it scores of times.”

“I’m responsible for the man with the fat nose,” confessed Colton;

“I’ve been drawing him for years without ever improving my

draftsmanship.”

“That will do,” said the governor, glancing at the door. “We won’t take

time to speak of the others, though you may be relieved to know that I

haven’t got any evidence against you. Burgess, please get these works

of art out of the room. We’ll go back to the Avery case. In going over

the papers I found that the prosecuting attorney in his search of the

bungalow the morning after the murder found a number of pieces of paper

that bore an odd, irregular sort of sketch. I’m going to pass one of

them round, but please send it back to me immediately.”

He produced a sheet of letter paper that bore traces of hasty

crumpling, but it had been smoothed out again, and held it up. It bore

the lithographed name of the Avery Quarry Company. On it was drawn this

device:

[Illustration]

“Please note,” said the governor as the paper passed from hand to hand,

“that that same device is traced there five times, sometimes more

irregularly than others, but the general form is the same. Now, in the

fireplace of the bungalow living-room they found this and three other

sheets of the same stationery that bore this same figure. It seems a

fair assumption that some one sitting at a table had amused himself by

sketching these outlines and then, when he had filled the sheet, tore

it off and threw it into the fireplace, wholly unconscious of what he

was doing. The prosecutor attached no importance to these sheets, and

it was only by chance that they were stuck away in the file box with

the other documents in the case.”

“Then you suspect that there was a third man in the bungalow that

night?” Ramsay asked.

The governor nodded gravely.

“Yes; I have some little proof of it, quite a bit of proof, in

fact. I have even had the wastebasket of the suspect examined for a

considerable period. Knowing Burgess’s interest in such matters, I have

been using him to get me certain information I very much wanted. And

our friend is a very successful person! I wanted to see the man I have

in mind and study him a little when he was off-guard, and Burgess has

arranged that for me, though he had to go into the tile business to do

it! As you can readily see, I could hardly drag him to my office, so

this little party was gotten up to give me a chance to look him over at

leisure.”

“Tate!” exclaimed several of the men.

“You can see that this is a very delicate matter,” said the governor

slowly. “Burgess thought it better not to have a smaller party, as

Tate, whom I never saw, might think it a frame-up. So you see we are

using you as stool-pigeons, so to speak. Burgess vouches for you as

men of discretion and tact; and it will be your business to keep Tate

amused and his attention away from me while I observe him a little.”

“And when I give the signal you’re to go into the library and look at

picture books,” Burgess added.

“That’s not fair!” said Fullerton. “We want to see the end of it!”

“I’m so nervous,” said Colton, “I’m likely to scream at any minute!”

“Don’t do it!” Burgess admonished. “The new House Committee is very

touchy about noise in the private dining rooms, and besides I’ve got a

lot of scenery set for the rest of the evening, and I don’t want you

fellows to spoil it.”

“It begins to look,” remarked the governor, glancing at his watch, “as

though some of our scenery might have got lost.”

“He’d hardly bolt,” Burgess replied; “he knows of no reason why he

should! I told the doorman to send him right up. When he comes there

will be no more references to the Avery case: you all understand?”

They murmured their acquiescence, and a solemn hush fell upon them as

they turned involuntarily toward the vacant chair.

“This will never do!” exclaimed the governor, who seemed to be the one

tranquil person in the room. “We must be telling stories and giving an

imitation of weary business men having a jolly time. But I’m tired of

talking; some of the good story-tellers ought to be stirred up.”

With a little prodding Fullerton took the lead, but was able to win

only grudging laughter. Colton was trying his hand at diverting them

when they were startled by a knock. Burgess was at the door instantly

and flung it open.

Best laid schemes · 第 34 / 43 题