The Mark of Cain

  CHAPTER XXII JUDGE HOYT'S PLAN

  As soon as possible, Avice went to see Landon again, and to tell him whatFleming Stone had said. Though she was not allowed to see him alone, thewarden had deep sympathy for the lovers, as he had discovered they were,and he sat as far away from them as possible, apparently immersed in amost engrossing newspaper.

  Knowing of his sympathy, Avice promptly forgot his presence, and underthe spell of her beauty and love, Landon did likewise.

  "And you will be more--more humble, won't you?" she was saying as handsclasped in hands, they read each other's eyes.

  "Humble! Avice, you're crazy! Humble? I rather guess not! I didn't killUncle Rowland, and, if they say I did, let them prove it, that's all.Why, dear, they can't prove a thing that isn't so!"

  "Do you know, Kane, this is the first time you've ever said to me that itisn't so!" Avice's eyes were gleaming with joy at the assurance.

  "Because, oh, darling, because it hurt me so to have you harbor even aglimmer of doubt! How could you, dearest? Eleanor didn't."

  "Didn't she?" Avice showed a flash of jealousy. "What is she to you,Kane?"

  "Merely an old friend. We were good chums in Denver."

  "Then why did you pretend you were strangers?"

  "Oh, you know, Avice, I wanted that money right then and there. WhenUncle wouldn't give it to me I telephoned and asked Eleanor to lend it tome. She said she'd meet me at the library and bring some bonds that Icould sell."

  "Why didn't you come to the house?"

  "I didn't want to,--on that errand. I suppose I was foolish, but my pridestood in my way. And, too, there was haste. I wanted to send the moneyout West at once, and then, knowing the mine business was all right, goand see you with a free mind."

  "Well, and then you did meet Eleanor at the Library, but you said at theinquest that you didn't get the money."

  "What a little cross-examiner it is! No, the bonds she brought me, weresome that are now at a low price, but are sure to go up soon. I couldn'tdo her the injustice of selling them at the present market, so Irefused."

  "And she telephoned you late that night."

  "Yes, to tell me of Uncle's death. She was the only one who knew I was atLindsay's apartment. Of course, dear, I had expected to see you that day,but I was so upset by my quarrel with Uncle Rowland,--he was pretty hardon me,--that I couldn't trust myself to see him till my temper had cooledoff a little. Don't be jealous of Eleanor Black, Avice, she is a firmfriend of yours. She is a frivolous, shallow-hearted woman, but she is astrong and loyal friend. And she was really fond of Uncle, though shedoesn't seem to mourn for him very deeply."

  "And she doesn't care who killed him!"

  "That is part of her volatile nature. She never looks back. To her, onlythe future counts. I don't believe she does care who the murderer is. Whodo you think, Avice?"

  "I can't form any idea, Kane. I suppose it must have been some stranger,a robber or Black-Hander. Don't you?"

  "I don't know. It doesn't seem altogether likely,--Avice, is FlemingStone coming to see me?"

  "Yes, don't you want him to?"

  "Indeed I do. I've formed some theories myself, during the long lonelyhours I spend here, and I'd like to talk them over with Stone. Avice,what about Stryker? I mean about his bolting, when he feared he would besuspected."

  "He says that was sheer fright. He knew he was innocent, but he couldn'tprove an alibi, so he ran away. He's very nervous and frightened of late,anyway. And if Judge Hoyt makes him swear he sent that telephone message,I just know he'll break down and they'll think he's the murderer, sure."

  "Perhaps he is. There's the handkerchief, you know. And--oh, don't botheryour poor little tired brain over it, darling! Leave it to thedetectives. Duane doesn't amount to much, does he?"

  "No. But Mr. Stone will, I'm sure of that."

  "And Harry Pinckney, what's he doing?"

  Avice looked embarrassed. "I had to snub him, Kane. He--he was--"

  "He fell in love with you! Oh, Avice, you heartbreaker! Who doesn't adoreyou! Look out for this Stone!"

  "Oh, he's married. Almost a bridegroom, in fact. Most romantic affair, Ibelieve. But you know, Kane, if you are freed by Leslie's efforts, I'vepromised--"

  "You've promised me, my girl," and Landon's voice rang out exultantly,"promised me all your love and faith and trust, now and forever. Do yousuppose for a minute, that Leslie Hoyt can take you from me? Never!"

  But Avice only shook her head sadly. Kane was young and impetuous andhopeful. But Judge Hoyt was older and more experienced, and if he saidKane could be freed only by his efforts, Avice strongly believed it wasso.

  Avice went away, and it was not much later when Fleming Stone wasadmitted to an interview with Kane Landon. Still posing as Mr. Green, anold friend of the prisoner, admittance was granted him under the regularrules for visitors. But a disclosure of his real identity to theauthorities secured for him a private session and, wasting no time, thedetective began to talk earnestly of the murder and the impending trial.

  Kane at first showed a spirit of truculence and answered curtly theremarks of his visitor. But seeing at once that Stone presupposed hisinnocence, Landon became friendly, and talked and listened witheagerness.

  "My uncle and I wrote occasionally," Kane said, "and his letters had beenmost friendly of late, and he had urged me to come back East to live. Iwas ready to do so, as soon as I had enough money to marry and settledown. Then the chance for a splendid mining investment turned up, and Ilit out for New York, feeling sure I could put it to Uncle Rowland insuch a way that he would give or lend me the money necessary. But hewouldn't, and he was so harsh and unjust that I decided to wait a day ortwo before going to his house. So I went to Lindsay's, an old chum ofmine, and, as he was going away for a few days he lent me his diggings.But you know all this. Let us get to the things to be discussed."

  "To my mind," said Stone, "the main clue is that handkerchief. Without adoubt it is Stryker's, but Stryker never left it there. It is a plan toincriminate the old man. I'm sure of that. Now, who did it?"

  "I can't agree with you about that, entirely. It seems to me, that thathandkerchief was in my uncle's pocket when he was killed, and was used bythe murderer and left there. I know my uncle's careless habits, of old,and he was quite as likely to have the butler's handkerchief in hispocket as his own. When I lived with him, he wore my cap or picked up mygloves quite unconsciously. It wasn't exactly absentmindedness, butextreme carelessness in such matters. Why, I remember his going to churchonce, and at prayer time he shook out a clean, folded handkerchief fromhis pocket, and it was one of Avice's! I drew her attention to it, and weboth snickered right out in meeting. No, Mr. Stone, that handkerchief isStryker's, of course, but it's no clue."

  "I didn't know of this carelessness of Mr. Trowbridge; it does put adifferent light on the matter. Well, then, there's the pencil picked upat the scene of the crime. The police have paid little, if any, attentionto that, and it seems to me important. You don't know, I suppose, as tothe pencils your uncle used?"

  "No; but they all said,--the office people and the home peopleboth,--that Uncle Rowland used that make and letter always. So it wasdoubtless his."

  "I only saw it for a moment. I shall examine it more closely. But Iobserved it was sharpened with an automatic sharpener. Did you notice oneon your uncle's desk?"

  "No, and I don't believe he would have one. He was too old-fogy to usemodern contraptions much. Maybe the murderer dropped it."

  "Maybe he did. It is often on such small things that great conclusionshinge. What do you think of that office boy?"

  "Fibsy? He's a case. A little fresh, perhaps, but a bright chap, anddevoted to my uncle's memory."

  "I don't think he's fresh, exactly. But I do think he'sbright,--exceptionally so, and I have asked him to help me--"

  "Fibsy! To help Fleming Stone! Excuse me if I seem amused."

  "Oh, I don't mind your amuseme
nt. Now, here's the case as it stands, Mr.Landon. You didn't telephone to Mr. Trowbridge that afternoon at two,calling him 'Uncle' did you?"

  "I did not."

  "And there are no other nephews?"

  "None, that I know of."

  "Then, somebody did it to throw suspicion on you. There seems to be nogetting away from that."

  "Quite right."

  "Again, if I am right about the handkerchief being a 'planted' clue, someone tried to throw suspicion on Stryker."

  "Yes."

  "Again, if the pencil was purposely left there, and it may have been,that's another effort to mislead."

  "Well?"

  "Well, if these 'clues' were arranged with such meticulous care andprecision, it surely argues a clear, clever brain that planned them, anddiverts our search from such criminals as thugs or highway robbers."

  "That's all true, Mr. Stone, and I wonder our police didn't see thatpoint at once."

  "Police are a capable lot, but rarely subtle in their deductions. Theobvious appeals to them, rather than the obscure. But that boy, Fibsy,has the brain of a thinking detective. With training and experience, heought to develop into something remarkable. Now, I must be going. I fancymy time is up, and I have an appointment with young McGuire thisafternoon."

  Fleming Stone went away, better pleased with Kane Landon than he hadexpected to be. Several people had told him of Landon's perverseness andflippancy, and after seeing him, Stone had concluded that while Landon'snature was irritable and his temper quick, he could be easily managed byany one who cared for him and understood him.

  Meantime Judge Hoyt was calling on Avice, and was telling her,exultantly, that he had plans laid that augured success for his case.

  "You're going to do something wrong!" Avice exclaimed.

  "Hush! Never put that in words! The walls have ears. If I do, Avice, youmust never ask what I have done. My God, girl, isn't it enough that Iperjure my soul, jeopardize my reputation and forfeit my self-respect,for you, without having to bear your reproaches? Rest assured, it is onlyafter failing in every honorable attempt, that I can bring myself todo--what you call something wrong."

  "Forgive me, Leslie," and Avice was touched by the look of agony on thestrong man's face. "I do know you do it for me, and I will never reproachyou. But you know, if I can accomplish Kane's acquittal myself--"

  "But you can't! How can you? Avice, you haven't engaged Stone, have you?"

  "Why, you told me not to," said the girl, prevaricating purposely.

  "That's right," and the judge took her words to mean denial, as she hopedhe would. "There's no use calling him in, for, dear, he is very clever, Iam told, and if I do this thing,--this wrong," the fine eyes cloudedevery time Hoyt referred to his projected plan, "Fleming Stone mightdiscover it,--though Duane never will."

  "Then you're afraid of Mr. Stone?"

  "In that way, yes. If I do something secret to win our cause,--to win_you_, it must remain secret or be of no avail. If Stone were here anddiscovered my--my plan,--he would expose it, and I should be disgracedfor life,--and our case would be lost."

  "You still think Kane guilty, then?"

  "Avice! Who else is there to suspect? Where is any other possible way tolook? And so, I must invent a suspect. I beg of you, my darling, do notimpede or prevent my progress,--it is all for you. You asked of me whatis practically an impossibility. If I achieve it, it will be atgreat,--at colossal cost. But I undertake it, for your sweet sake. Avice!Beloved! Can you imagine, have you the faintest idea of how I love you?Who else would sin for you? Do you know the impeccability of my pastrecord? Do you know what it would mean to me to have the slightest smirchon my untarnished honor? Yet I chance this for you. I do not expect to befound out, but there is, of course, a risk. That risk I take, my gloriousgirl, for you. And I take it willingly, gladly, whatever the penalty,because--I love you."

  The last words, whispered, thrilled Avice to the soul. She did not loveJudge Hoyt; her heart was bound up in Kane Landon, but this impassioneddeclaration, every word throbbing with truth, moved her,--as it must havemoved any woman. She felt a guilty sensation at the thought of FlemingStone's connection with the case, but she was not willing to retract. Itmust go on. Kane must be exonerated, if possible, without Leslie's help,and then she would be free to join her heart's true love. And if Kanewere freed by Judge Hoyt's plans,--Avice shuddered to think of herpromise. Well she knew that the judge would hold her to it, no matter howmuch Landon protested the contrary. Landon was determined, but hisdetermination was a weak thing compared with the iron will of Judge Hoyt.