ORTON'S ALIBI
As we drove toward Forty-second Street, I recalled my instinctive
distrust of the secretary, his stealthy attitude, and very evident
desire to see Ruth convicted. I had suspected him that very first night,
and now I envisioned him sneaking through the secret entrance and
returning to the house in time to follow me into the study.
"I know what you are thinking, but he couldn't possibly have done it,"
said McKelvie quietly. "He's the only one I don't suspect. He hasn't the
nerve in the first place, and in the second place he hadn't the time.
How long do you suppose it takes to lock all those doors--they were
locked, remember--and return to the house and lock whatever entrance he
used--not the front door, for you would have heard him--and enter the
study a second after yourself?"
"He may never have gone out," I cried. "He could easily have stayed in
the room all the time in a dark corner and have come forward when he
turned on the lights. I swear I never heard him!"
"What about Mrs. Darwin's testimony that he was in the hall?" he asked.
"She may have been mistaken. He gave false evidence concerning her."
"That's what we are going to see him about. But, remember this, Mrs.
Darwin would have no reason for saying she saw him if she did not."
To this last statement I had to agree, for Ruth I knew disliked Orton,
and would hardly be likely to shield him. So I ceased discussing the
point, knowing we would soon have the truth, for McKelvie could extract
information from a stone.
In due course we drew up before a second-rate apartment hotel that was
sadly in need of a coat of paint. We entered a dingy hall and inquired
for Orton.
"Suite Four, third door to your left," droned the switchboard girl.
We walked down the hall, which would have been decidedly improved by an
application of a mop and some soap and water, and knocked at Orton's
apartment. As we waited we heard the sound of a door closing, and then
the shuffle of feet and presently the door opened a crack and Orton's
near-sighted eyes peered at us from the aperture.
"What do you want?" he asked impatiently.
"A moment's conversation," replied McKelvie, but at that minute Orton
recognized me and, swiftly retreating, began to close the door.
McKelvie, however, was prepared for him and the closing door met an
obstruction in the shape of the toe of McKelvie's boot.
"There is no use trying to keep me out," he continued sternly, "unless
of course you would like to tell your story to the police."
At mention of the police Orton retreated still farther, and we followed
him into the apartment, closing the door behind us. We found ourselves
in a stuffy, gloomy little parlor filled with a lot of ugly,
old-fashioned furniture. Orton, who was clad in dressing-gown and
slippers, ungraciously asked us to be seated, but before we could state
our errand a quavering voice from somewhere in the rear reached us.
"What is it, Claude? Who is in there with you?" it said.
"You have frightened my mother," said Orton, plucking at the cord of his
wrapper, as if undecided whether to go or stay.
"Tell her it's all right and that you know who we are," commanded
McKelvie. "And without leaving this room," as Orton started to move
away. "I guess she can hear you from here."
Sullenly, Orton obeyed, and then seating himself on the sofa, demanded
what we wanted.
"At the inquest you gave several bits of information which had no
foundation in fact," began McKelvie, going straight to the point. "You
lied and you know it. For that matter so do I. Now I want to know why?"
"Mr. Davies, of course I know," answered Orton with a sneer. "But what
right have you to question me?"
"I am investigating the case for Mr. Davies on the quiet," answered
McKelvie suavely.
"And that gives you the right to intrude on my privacy, I suppose?"
continued Orton sarcastically (he had abandoned his rôle of "humble
still," or rather he was Uriah Heep grown bold through triumph), "and to
force yourself into my rooms?"
McKelvie shrugged. "Really if you would rather be put through the third
degree at Police Headquarters it's a matter of indifference to me."
Orton's pallid face became livid. "Are you trying to frighten me by
pretending that you believe that I killed Philip Darwin?" he cried, but
his voice trembled in spite of himself.
"No, I'm not pretending any such thing. I know you didn't kill him.
You're too much of a coward," returned McKelvie contemptuously, whereat
Orton gave a gasping sigh of relief. "But I do say you know more of this
murder than you gave out, and a hint to that effect in the ear of Jones
will be quite sufficient to bring the police to this place. No doubt you
have a telephone that I can use. I'll give you five minutes to decide."
But Orton didn't need five minutes, no, nor even ten seconds. McKelvie
had hardly finished speaking when Orton flung himself forward with
clasped hands, his prominent eyes fairly popping with terror.
"I'll tell you everything, anything, though I declare I know nothing.
Only don't send the police here," he pleaded in a frightened voice.
I was amazed at his abject fear but McKelvie motioned him back, and said
coldly: "Very well, but don't lie to me, for I know why you fear the
police." He leaned closer and whispered a word that I did not catch, but
which had the effect of making Orton wring his hands helplessly, and
whine that he never intended to lie, and would tell us everything we
wanted to know.
McKelvie silenced him with a gesture, as he said: "I want an account, a
true one, of everything that you did and said and saw on the night of
October the seventh between ten-thirty, when you summoned Mrs. Darwin to
the study and midnight, when the shot rang out."
"I wanted to tell what Mr. Darwin had said and they wouldn't let me at
the inquest," put in Orton, aggrieved.
"You're not dealing with the police now, and I want every word that has
any bearing on the case, whatever its purport."
"Very well. At ten-thirty I told Mrs. Darwin that her husband wanted her
and then I listened at the door. They were quarreling about the love
letter I had put together for him."
"When did you show him this letter?" interrupted McKelvie.
"In the morning after Lee left the study. Mr. Darwin told me to patch it
together because he said it would come in handy some day. It did--that
night," and he leered at me in a very unpleasant way.
"Go on," said McKelvie peremptorily.
"I couldn't hear what they said----"
"Then how did you know that they were quarreling about the letter?" I
asked.
"I was going to say," Orton ignored me completely, "that I couldn't hear
the words exchanged until I opened the door a crack. Then I heard very
well, indeed. Mr. Darwin was threatening Mr. Davies, and Mrs. Darwin
retorted that she would send for him and warn him, but he only laughed
in a queer way and then I saw her coming, so I retreated. After that he
called me in and told me to watch her. I crept upstairs and heard her
orders to the maid, whom I followed to the garage. Then I came back and
hung around the hall. Mr. Darwin had told me he was expecting a visitor,
so when I came back I applied my ear to the door. I could hear voices,
his and a strange one, but not what they said, though they spoke loudly
as if in anger."
"Why didn't you open the door a crack?" I inquired sarcastically.
"Because I was too clever. Mr. Darwin had locked the door when I went
out and I knew it was still locked. Besides at ten-thirty only the lamp
was lighted and the region of the door was in comparative darkness, but
at this particular time I could tell by applying my eye to the key-hole
that the other lights had been turned on as well. So even if I could
have opened the door I should still have been afraid of being seen."
"Never mind that. Go on with what's important," broke in McKelvie,
impatiently.
"At eleven-twenty-five Mr. Davies arrived, and at eleven-thirty Mr.
Darwin called me."
"How?"
"There's a bell connection between the study and my workroom. When I
went in Mr. Darwin had resumed his seat at the table and looked pretty
much as he did when we saw him later, except he was alive."
"A good deal of difference, I should judge," I thought to myself,
"between a corpse and a well man. However, that's neither here nor
there."
"He had just finished writing the name, Cora Manning, on his new will,
for the ink was not yet dry when I reached the table. I told him all
that had taken place. It was then he laughed and said: 'So we've a
broker in the house, eh? He should know how to play fast and loose, eh?
I'll make him useful, this broker lover of our stainless Ruth.'"
Orton mouthed the words with devilish delight and I had all I could do
to keep my hands off of him. But McKelvie paid no heed to our feelings.
"Go on, man," he said with growing impatience. "Don't repeat what I know
already."
"You said that you wanted to hear everything that was spoken," grumbled
Orton.
"Yes, so I did. Only hustle along and get it out. Was that all he said?"
demanded McKelvie.
"No. He said something else. I remarked that a broker ought to know how
to play fast and loose, and he replied: 'Yes, and other things, too, eh?
Mr. Davies doesn't know it yet, but he has done me the very greatest
service by coming here to-night. See that the windows are properly
locked and then go to bed.' As I locked the windows I could hear him
laughing to himself, and he was still laughing when I closed the door
behind me."
"What did you think he meant to convey by those words of his?" asked
McKelvie.
"I thought he might be referring to the fact that now he had good
grounds for divorce. I believe he was tired of Mrs. Darwin," replied
Orton.
"You are sure that Mr. Darwin was alone at eleven-thirty?" continued
McKelvie, after a slight pause.
"Yes, absolutely alone," responded Orton. "There was no place where
anyone could hide. I examined the window hangings as I locked up."
"What about the safe?"
"It was partly open and I looked in as I passed. It was empty."
"Humph. Now I'd have sworn--" murmured McKelvie.
"What?" asked Orton inquisitively.
"Nothing. What's the rest of your story?" retorted McKelvie.
"I didn't go to bed. I wanted to see what would happen, for I was sure
from the way he spoke that Mr. Darwin meant to call Mr. Davies into the
study later on, so I continued to work in the little room until I grew
weary and thirsty, and going out in the hall found that it was about ten
minutes to twelve. Still nothing had happened, for I could hear the
murmur of voices in the drawing-room."
He didn't have to tell us how he knew. We could guess. Ruth was right in
saying that he was always spying upon her.
"I knew," he continued, "that Mr. Darwin kept a good brand of whisky,
private stock of course, in a cabinet in the dining-room, and I
determined to mix myself a drink. But just then I heard the key turned
in the study door and thinking Mr. Darwin was coming out, I went back to
my room and closed the door. I waited some time, maybe five minutes or
more, and then looked out. No one was around and both drawing-room and
study doors were closed. I decided I had missed the show, since there
was no sound from either room, and I determined to have my drink before
I went upstairs. I went in to the dining-room and had my hand on the
cabinet key when the shot rang out. I hurried to the study and saw--Mr.
Davies in the doorway, Mrs. Darwin holding the pistol, and Mr. Darwin
dead."
"You didn't see Mrs. Darwin go into the study?" questioned McKelvie.
"No, but I judged she had gone in when I heard the study door unlock.
You see, I did not know what might happen, especially when Mr. Davies
said I had no proof that I wasn't in the study also, so I decided to
have an alibi for the police. That's why I said I was on the stairs
because then they would not know where I had really been. I didn't know
that Mrs. Darwin had seen me."
"A good thing for you that she did see you," returned McKelvie grimly,
"or you might be occupying that cell in her place."
Orton blanched like the coward that he was. "But--but, I'm innocent," he
said, indignantly.
"Well, you wouldn't be the first innocent person to grace a cell, I
assure you," retorted McKelvie dryly. "You have told us everything?"
"Yes, everything."
"Very well, then you can answer several questions. You are positive you
heard the key turned in the study door when you stood in the hall at ten
minutes to twelve?" continued McKelvie. "Remember I want facts, and not
impressions."
"I am as positive as that I am sitting here. But it was more toward five
minutes to twelve because I paused to ascertain if Mrs. Darwin was still
in the drawing-room and I listened for a minute or two before I started
for the dining-room," replied Orton with conviction.
"A minute is a good long while, longer than you think, Orton," returned
McKelvie. "But that point is, after all, immaterial. We will say that
somewhere between ten and five minutes to twelve the study door was
unlocked from the inside," and he looked at me significantly.
If he was right in his premise, then the person who unlocked that door
could have been none other than the criminal, for at ten minutes before
midnight Philip Darwin was past unlocking doors! Yet it seemed a
foolhardy thing to do, for any one then could have entered and
discovered him. But, no, after all, it was the sensible thing to do from
his point of view, since otherwise the prospective suspect would have
been unable to enter the room. Then I looked at McKelvie with dawning
horror in my eyes. The unlocking of that door could have meant only one
thing, that the criminal knew Ruth was across the hall, and
deliberately, cold-bloodedly, planned to saddle her with the murder of
her husband!
"Why, McKelvie," I began, horrified, but he tread on my toe as if by
accident, and I recalled hastily that we were not alone.
"Even if I had not heard Mr. Darwin unlock the door," continued Orton
ingratiatingly, "he must have unlocked it at some time, for I heard him
turn the key in the lock when I left him at eleven-thirty and the door
was open when Mrs. Darwin entered the room. But, I know I'm not mistaken
in saying that I heard it unlocked."
"How do you know that it was Mr. Darwin who unlocked it?" I asked
injudiciously.
McKelvie frowned, but Orton answered without apparent suspicion, "He was
alone in a closed room. Who else could have opened it, Mr. Davies?"
"No one, of course," I lied cheerfully, and subsided into the
background, not wishing to give Orton any further inkling of what we
knew.
"When you came out into the hall the second time, you said that you
heard no sound from either room. Did you open the study door even a
crack that time by any chance?" resumed McKelvie.
"No. Again I feared to be seen. You see that all the lights in the room
had been turned on," replied Orton.