As I looked at them I said nothing, but I must admit that the whole

thing began to assume a suspicious look in my mind in connection with

various hints I had heard dropped by organization men about probing

into the past, and other insinuations. I felt that far from aiding

Carton, things were now getting darker. There was nothing but his

unsupported word that he had not been in such groups to counterbalance

the existence of the actual pictures themselves, on the surface a

graphic clincher to Dorgan's story. Kennedy, however, after an

examination of the photographs clung no less tenaciously to a purpose

he already had in mind, and instead of leaving them for Carton, took

them himself, leaving a note instead.

He stopped again to speak to Margaret Ashton. I did not hear all of the

conversation, but one phrase struck me, "And the worst of it is that he

called me up a little while ago and tried to act toward me in the same

old way--and that after I know what I know. I--I could detect it in his

voice. He knew he was concealing something from me."

What Kennedy said to her, I do not know, but I don't think it had much

effect.

"That's the most difficult and unfortunate part of the whole affair,"

he sighed as we left. "She believes it."

I had no comment that was worth while. What was to be done? If people

believed it generally, Carton was ruined.

XXIII

THE CONFESSION

Dorgan was putting up a bold fight, at any rate. Everyone, and most of

all his opponents who had once thought they had him on the run, was

forced to admit that. Moreover, one could not help wondering at his

audacity, whatever might be the opinion of his dishonesty.

But I was quite as much struck by the nerve of Carton. In the face of

gathering misfortunes many a man of less stern mettle might have gone

to pieces. Not so with the fighting District Attorney. It seemed to

spur him on to greater efforts.

It was a titanic struggle, this between Carton and Dorgan, and had

reached the point where quarter was given or asked by neither.

Kennedy had retired to his laboratory with the photographs and was

studying them with an increasing interest.

It was toward the close of the afternoon when the telephone rang and

Kennedy motioned to me to answer it.

"If it's Carton," he said quickly, "tell him I'm not here. I'm not

ready for him yet and I can't be interrupted."

I took down the receiver, prepared to perjure my immortal soul. It was

indeed Carton, bursting with news and demanding to see Kennedy

immediately.

Almost before I had finished with the carefully framed, glib excuse

that I was to make, he shouted to me over the wire, "What do you think,

Jameson? Tell him to come down right away. The impossible has happened.

I have got under Dopey Jack's guard--he has confessed. It's big. Tell

Kennedy I'll wait here at my office until he comes."

He had hung up the receiver before I could question him further. I

think it cured Kennedy, temporarily of asking me to fib for him over

the telephone. He was as anxious as I to see Carton, now, and plunged

into the remaining work on the photographs eagerly.

He finished much sooner than he would, otherwise, and only to preserve

the decency of the excuse that I had made did not hasten down to the

Criminal Courts Building before a reasonable time had elapsed. As we

entered Carton's office we could tell from the very atmosphere of the

halls that something was happening. The reporters in their little room

outside were on the qui vive and I heard a whisper and a busy

scratching of pencils as we passed in and the presence of someone else

in the District Attorney's office was noted.

Carton met us in a little ante-room. He was all excitement himself, but

I could see that it was a clouded triumph. His mind was really

elsewhere than on the confession that he was getting. Although he did

not ask us, I knew that he was thinking only of Margaret Ashton and how

to regain the ground that he had apparently lost with her. Still, he

said nothing about the photographs. I wondered whether it was because

of his confidence that Kennedy would pull him through.

"You know," he whispered, "I have been working with my assistants on

Dopey Jack ever since the conviction, hoping to get a confession from

him, holding out all sorts of promises if he would turn state's

evidence and threats if he didn't. It all had no effect. But Murtha's

death seems to have changed all that. I don't know why--whether he

thinks it was due to foul play or not, for he won't say anything about

that and evidently doesn't know--but it seems to have changed him."

Carton said it as though at last a ray of light had struck in on an

otherwise black situation, and that was indeed the case.

"I suppose," suggested Craig, "that as long as Murtha was alive he

would rather have died than say anything that would incriminate him.

That's the law of the gang world. But with Murtha no longer to be

shielded, perhaps he feels released. Besides, it must begin to look to

him as though the organization had abandoned him and was letting him

shift pretty much for himself."

"That's it," agreed Carton. "He has never got it out of his head that

Kahn swung the case against him and I've been careful not to dwell on

the truth of that Kahn episode."

Carton led us into his main office, where Rubano was seated with two of

Carton's assistants who were quizzing him industriously and obtaining

an amazing amount of information about gang life and political

corruption. In fact, like most criminals when they do confess, Dopey

Jack was in danger of confessing too much, in sheer pride at his own

prowess as a bad man.

Outside, I knew that it was being well noised abroad, in fact I had

nodded to an old friend on the Star who had whispered to me that the

editor had already called him up and offered to give Rubano any sum for

a series of articles for the Sunday supplement on life in the

underworld. I knew, then, that the organization had heard of it, by

this time--too late.

Most of the confession was completed by the time we arrived, but as it

had all been carefully taken down we knew we had missed nothing.

"You see, Mr. Carton," Rubano was saying as we three entered and he

turned from the assistant who was quizzing him, "it's like this. I

can't tell you all about the System. No one can. You understand that.

All any of us know is the men next to us--above and below. We may have

opinions, hear gossip, but that's no good as evidence."

"I understand," reassured Carton. "I don't expect that. You must tell

me the gossip and rumours, but all I am bartering a pardon for is what

you really know, and you've got to make good, or the deal is off, see?"

He said it in a tone that Dopey Jack could understand and the gangster

protested. "Well, Mr. Carton, haven't I made good?"

"You have so far," grudgingly admitted Carton who was greedy for

everything down to the uttermost scrap that might lead to other things.

"Now, who was the man above you, to whom you reported?"

"Mr. Murtha, of course," replied Jack, surprised that anyone should ask

so simple a question.

"That's all right," explained Carton. "I knew it, but I wanted you on

record as saying it. And above Murtha?"

"Why, you know it is Dorgan," replied Dopey, "only, as I say, I can't

prove that for you any better than you can."

"He has already told about his associates and those he had working

under him," explained Carton, turning to us. "Now Langhorne--what do

you know about him?"

"Know about Langhorne--the fellow that was--that I robbed?" repeated

Jack.

"You robbed?" cut in Kennedy. "So you knew about thermit, then?"

Dopey smiled with a sort of pride in his work, much as if he had

received a splendid recommendation.

"Yes," he replied. "I knew about it--got it from a peterman who has

studied safes and all that sort of thing. I heard he had some secret,

so one night I takes him up to Farrell's and gets him stewed and he

tells me. Then when I wants to use it, bingo! there I am with the

goods."

"And the girl--Betty Blackwell--what did she have to do with it?"

pursued Craig. "Did you get into the office, learn Langhorne's habits,

and so on, from her?"

Dopey Jack looked at us in disgust. "Say," he replied, "if I wanted a

skirt to help me in such a job, believe me I know plenty that could put

it all over that girl. Naw, I did it all myself. I picked the lock,

burnt the safe with that powder the guy give me, and took out something

in soft leather, a lot of typewriting."

We were all on our feet in unrestrained excitement. It was the Black

Book at last!

"Yes," prompted Carton, "and what then--what did you do with it?"

"Gave it to Mr. Murtha, of course," came back the matter-of-fact answer

of the young tough.

"What did he do with it?" demanded Carton.

Dopey Jack shook his head dubiously. "It ain't no use trying to kid

you, Mr. Carton. If I told you a fake you'd find it out. I'd tell you

what he did, if I knew, but I don't--on the level. He just took it.

Maybe he burnt it--I don't know. I did my work."

Unprincipled as the young man was, I could not help the feeling that in

this case he was telling only the truth as he knew it.

We looked at each other aghast. What if Murtha had got it and had

destroyed it before his death? That was an end of the dreams we had

built on its capture. On the other hand, if he had hidden it there was

small likelihood now of finding it. The only chance, as far as I could

see, was that he had passed it along to someone else. And of that Dopey

Jack obviously knew nothing.

Still, his information was quite valuable enough. He had given us the

first definite information we had received of it.

Carton, his assistants, and Kennedy now vigorously proceeded in a sort

of kid glove third degree, without getting any further than convincing

themselves that Rubano genuinely did not know.

"But the stenographer," reiterated Carton, returning to the line of

attack which he had temporarily abandoned. "Something became of her.

She disappeared and even her family haven't a trace of her, nor any

other institutions in the city. We've got something on you, there,

Rubano."

Jack laughed. "Mr. Carton," he answered easily, "the police put me

through the mill on that without finding anything, and I don't believe

you have anything. But just to show you that I'm on the square with

you, I don't mind telling you that I got her away."

It was dramatic, the off-hand way in which the gangster told of this

mystery that had perplexed us.

"Got her away--how--where?" demanded Carton fiercely.

"Mr Murtha gave me some money--a wad. I don't know who gave it to him,

but it wasn't his money. It was to pay her to stay away till this all

blew over. Oh, they made it worth her while. So I dolled up and saw

her--and she fell for it--a pretty good sized wad," he repeated, as

though he wished some of it had stuck to his own hands.

We fairly gasped at the ease and simplicity with which the fellow

bandied facts that had been beyond our discovery for days. Here was

another link in our chain. We could not prove it, but in all

probability it was Dorgan who furnished the money. Even if the Black

Book were lost, it was possible that in the retentive memory of this

girl there might be much that would take its place. She had seen a

chance for providing for the future of herself and her family. All she

had to do was to take it and keep quiet.

"You know where she is, then?" shot out Kennedy suddenly.

"No--not now," returned Dopey. "She was told to meet me at the Little

Montmartre. She did. I don't think she knew what kind of place it was,

or she wouldn't have come."

He paused, as though he had something on his mind.

"Go on," urged Kennedy. "Tell all. You must tell all."

"I was just thinking," he hesitated. "I remember I saw Ike the Dropper

and Marie Margot there that day, too, with Martin Ogleby--"

"Martin Ogleby!" interrupted Carton in surprise.

"Yes, Martin Ogleby. He hangs about the Montmartre and the Futurist,

all those joints. Say--I've been thinking a heap since this case of

mine came up. I wonder whether it was all on the level--with me. I gave

the money. But was that a stall? Perhaps they tried to get back.

Perhaps she played into their hands--I saw her watching the sports,

there, and believe me, there are some swell lookers. Oh well, _I_ don't

know. All I know is my part. I don't know anything that happened after

that. I can't tell what I don't know, can I, Mr. Carton?"

"Not very well," smiled the prosecutor. "But you can tell us anything

you suspect."

"I don't know what I suspect. I was only a part of the machine. Only

after I read that she disappeared, I began to think there might have

been some funny business--I don't know."

Eager as we were, we could only accept this unsatisfactory explanation

of the whereabouts of Betty.

"After all, I was only a part," reiterated Jack. "You better ask

Ike--that's all."

Just then the telephone buzzed. Carton was busy and Kennedy, who

happened to be nearest, answered it. I fancied that there was a puzzled

expression on his face, as he placed his hand over the transmitter and

said to Carton, "Here--it's for you. Take it. By the way, where's that

thing I left down here for recording voices?"

"Here in my desk. But you took the cylinder with you."

"Haven't you got another? Don't you ever use them for dictating

letters?"

Carton nodded and sent his stenographer to get a new one.

"Just a minute, please," cut in Kennedy. "Mr. Carton will be here in a

few moments, now."

Carton took the telephone and placed his hand over it, until, with a

nod from Kennedy as he affixed the machine, he answered.

"Yes--this is the District Attorney," we heard him answer. "What?

Rubano? Why you can't talk to him. He's a convicted man. Here? How do

you know he's here? No--I wouldn't let you talk to him if he was. Who

are you, anyway? What's that--you threaten him--you threaten me? You'll

get us both, will you? Well, I want to tell you, you can go plumb--the

deuce! The fellow's cut himself off!"

As Carton finished, a peculiar smile played about Rubano's features. "I

expected that, but not so soon," he said quietly. "New York'll be no

place for me, Mr. Carton, after this. You've got to keep your word and

smuggle me out. South Africa, you know--you promised."

"I'll keep my word, Rubano, too," assured Carton. "The nerve of that

fellow. Where's Kennedy?"

We looked about. Craig had slipped out quietly during the telephone

conversation. Before we could start a search for him, he returned.

"I thought there was something peculiar about the voice," he explained.

"That was why I wanted a record of it. While you were talking I got

your switchboard operator to connect me with central on another wire.

The call was from a pay station on the west side. There wasn't a chance

to get the fellow, of course--but I have the voice record, anyhow."

Dopey Jack's confession occupied most of the evening and it was late

when we got away. Carton was overjoyed at the result of his pressure,

and eager to know, on the other hand, whether Kennedy had made any

progress yet with his study of the photographs.

I could have told him beforehand, however, that Craig would say nothing

and he did not. Besides, he had the added mystery of the new phonograph

cylinder to engross him, with the result that we parted from Carton, a

little piqued at being left out of Craig's confidence, but helpless.

As for me, I knew it was useless to trail after Kennedy and when he

announced that he was going back to the laboratory, I balked and, in

spite of my interest in the case, went home to our apartment to bed,

while Kennedy made a night of it.

What he discovered I knew no better in the morning than when I left

him, except that he seemed highly elated.

Leisurely he dressed, none the worse for his late work and after

devouring the papers as if there were nothing else in the world so

important, he waited until the middle of the morning before doing

anything further.

"I merely wanted to give Dorgan a chance to get to his office," he

surprised me with, finally. "Come, Walter, I think he must be there

now."

Amazed at his temerity in bearding Dorgan in his very den, I could do

nothing but accompany him, though I much feared it was almost like

inviting homicide.

The Boss's office was full of politicians, for it was now approaching

"dough day," when the purse strings of the organization were loosed and

a flood of potent argument poured forth to turn the tide of election by

the force of the only thing that talks loud enough for some men to

hear. Somehow, Kennedy managed to see the Boss.

"Mr. Dorgan," began Kennedy quietly, when we were seated alone in the

little Sanctum of the Boss, "you will pardon me if I seem to be a

little slow in coming to the business that has brought me here this

morning. First of all I may say that you probably share the idea that

ever since the days of Daguerre photography has been regarded as the

one infallible means of portraying faithfully any object, scene, or

action. Indeed, a photograph is admitted in court as irrefutable

evidence. For, when everything else fails, a picture made through the

photographic lens almost invariably turns the tide. However, such a

picture upon which the fate of an important case may rest should be

subjected to critical examination, for it is an established fact that a

photograph may be made as untruthful as it may be reliable."

He paused. Dorgan was regarding him keenly, but saying nothing. Kennedy

did not mind, as he resumed.

"Combination photographs change entirely the character of the initial

negative and have been made for the past fifty years. The earliest,

simplest, and most harmless photographic deception is the printing of

clouds in a bare sky. But the retoucher with his pencil and etching

tool to-day is very skilful. A workman of ordinary ability can

introduce a person taken in a studio into an open-air scene well

blended and in complete harmony without a visible trace of falsity."

Dorgan was growing interested.

"I need say nothing of how one head can be put on another body in a

picture," pursued Craig, "nor need I say what a double exposure will

do. There is almost no limit to the changes that may be wrought in form

and feature. It is possible to represent a person crossing Broadway or

walking on Riverside Drive, places he may never have visited. Thus a

person charged with an offence may be able to prove an alibi by the aid

of a skilfully prepared combination photograph.

"Where, then," asked Kennedy, "can photography be considered as

irrefutable evidence? The realism may convince all, except the expert

and the initiated after careful study. A shrewd judge will be careful

to insist that in every case the negative be submitted and examined for

possible alterations by a clever manipulator."

Kennedy bent his gaze on Dorgan. "Now, I do not accuse you, sir, of

anything. But a photograph has come into my possession in which Mr.

Carton is represented as standing in a group on a porch, with Mr.

Murtha, Mrs. Ogleby, and an unknown woman. The first three are in poses

that show the utmost friendliness. I do not hesitate to say that was

originally a photograph of yourself, Mr. Murtha, Mrs. Ogleby, and a

woman whom you know well. It is a pretty raw deal, a fake in which

Carton has been substituted by very excellent photographic forgery."

"A fake--huh!" repeated Dorgan, contemptuously. "How about the story of

them? There's no negative. You've got to show me that the original

print stolen from Carton, we'll say, is a fake. You can't do it. No,

sir, those pictures were taken this summer."

Kennedy quietly laid down the bundle of photographs copied from those

alleged to have been stolen from Carton. He was pointing to a shadow of

a gable on the house.

"You see that shadow of the gable, Dorgan?" he asked. "Perhaps you

never heard of it, but it is possible to tell the exact time at which a

photograph was taken from a study of the shadows. It is possible in

theory and practice, and it can be trusted absolutely. Almost any

scientist, Dorgan, may be called in to bear testimony in court

nowadays, but you probably think the astronomer is one of the least

likely.

"Well, the shadow in this picture can be made to prove an alibi for

someone. Notice. It is seen prominently to the right, and its exact

location on the house is an easy matter. The identification of the

gable casting the shadow ought to be easy. To be exact, I have figured

it out as 19.62 feet high. The shadow is 14.23 feet down, 13.10 feet

east, and 3.43 feet north. You see, I am exact. I have to be. In one

minute it moves 0.080 feet upward, 0.053 feet to the right, and 0.096

feet in its apparent path. It passes the width of a weatherboard, 0.37

foot, in four minutes and thirty-seven seconds."

Kennedy was talking rapidly of data which he had derived from the study

of the photograph as from plumb line, level, compass, and tape,

astronomical triangle, vertices, zenith, pole, and sun, declination,

azimuth, solar time, parallactic angles, refraction, and a dozen other

bewildering terms.

"In spherical trigonometry," he concluded, "to solve the problem three

elements must be known. I know four. Therefore, I can take each of the

known, treat it as unknown, and have four ways to check my result. I

find that the time might have been either three o'clock, twenty-one

minutes and twelve seconds in the afternoon, or 3:21:31 or 3:21:29, or

3:21:33. The average is 3: 21:26 and there can be no appreciable error

except for a few seconds. I tell you that to show you how close I can

come. The important thing, however, is that the date must have been one

of two days, either May 22 or July 22. Between these two dates we must

decide on evidence other than the shadow. It must have been in May, as

the immature condition of the foliage shows. But even if it had been in

July, that would be far from the date you allege. Why, I could even

tell you the year. Then, too, I could look up the weather records and

tell something from them. I can really answer, with an assurance and

accuracy superior to the photographer himself, if you could produce him

and he were honest, as to the real date. The original picture, aside

from being doctored, was actually taken last May. Science is not

fallible, but exact in this matter."

Kennedy felt that he had scored a palpable hit. Dorgan was speechless.

Still, Craig hurried on.

"But, you may ask, how about the automobile picture? That also is an

unblushing fake. Of course I must prove that. In the first place you

know that the general public has come to recognize the distortion of a

photograph as denoting speed. A picture of a car in a race that doesn't

lean is rejected. People demand to see speed, speed, more speed, even

in pictures. Distortion does indeed show speed, but that, too, can be

faked.

"Almost everyone knows that the image is projected upside down by the

lens on the plate, and that the bottom of the picture is taken before

the top. The camera mechanism admits light, which makes the picture, in

the manner of a roller blind curtain. The slit travels from the top to

the bottom and, the image on the plate being projected upside down, the

bottom of the object appears on the top of the plate. For instance, the

wheels are taken before the head of the driver. If the car is moving

quickly, the image moves on the plate and each successive part is taken

a little in advance of the last. The whole leans forward. By widening

the slit and slowing the speed of the shutter, there is more distortion.

"Now, that is just what has been done. A picture has been taken of a

car owned once by Murtha, probably at rest, with perhaps yourself,

Murtha, Mrs. Ogleby, and your friend in it. The matter of faking Carton

or anyone else is simple. If, with an enlarging lantern, the image of

this faked picture is thrown on the printing paper like a lantern

slide, and if the right-hand side is moved a little further away than

the left, the top further away than the bottom, you can in that way

print a fraudulent high-speed picture ahead.

"True, everything else in the picture, even if motionless, is

distorted, and the difference between this faking and the distortion of

the shutter can be seen by an expert. But it will pass with most

people. In this case, however," added Kennedy suddenly, "the faker was

so sure of it that he was careless. Instead of getting the plate

further from the paper on the right, he did so on the left. It was

further away on the bottom than on the top. He got the distortion, all

right, enough to satisfy anyone. But it is distortion in the wrong

direction! The top of the wheel, which goes fastest and ought to be

most indistinct, is, in the fake, as sharp as any other part. It is a

small mistake that was made, but fatal. Your picture is not of a joy

ride at all. It is really high speed--backwards! It is too raw, too

raw."

The Ear in the Wall · 第 15 / 18 段