CHAPTER XXXIX

  KIRBY INVITES HIMSELF TO A RIDE

  The Twin Buttes man had said he would call it a morning, but he carriedwith him to the restaurant the problem that had become the pivot of allhis waking thoughts. He had an appointment to meet a man for lunch,and he found his guest waiting for him inside the door.

  The restaurant was an inconspicuous one on a side street. Kirby hadchosen it for that reason. The man who stepped into the booth with himand sat down on the opposite seat was Hudson, the clerk whom James hadaccused of losing the sheets of paper with the Japanese writing.

  "I've got it at last," he said as soon as he was alone. "Thought henever would go out and leave the key to the private drawer inside thesafe. But he left the key in the lock--for just five minutes--whileMiss Harriman came to see him about something this morning. He walkedout with her to the elevator. I ducked into his office. There was thekey in the drawer, and in the drawer, right at the bottom under somepapers, I found what I wanted."

  He handed to Kirby the sheets of paper found in the living-room of theapartment where Horikawa had been found dead.

  The cattleman looked them over and put them in his pocket. "Thought hewouldn't destroy them. He daren't. There might come a time when thetranslation of this writing would save his life. He couldn't tell whatthe Jap had written, but there might be a twist to it favorable to him.At the same time he daren't give it out and let any one translate it.So he'd keep it handy where nobody could get at it but himself."

  "I reckon that just about evens the score between me and Mr. JamesCunningham," the clerk said vindictively. "He bawled me out before awhole roomful of people when he knew all the time I hadn't lost thepapers. I stood it, because right then I had to. But I've dug up abetter job and start in on it Monday. He's been claiming he was soanxious to get these sheets back to you. Well, I hope he's satisfiednow."

  "He had no right to keep 'em. They weren't his. I'll have 'emtranslated, then turn the sheets over to the police if they have anybearing on the case. Of course they may be just a private letter orsomething of that sort."

  The clerk went on to defend himself for what he had done. Cunninghamhad treated him outrageously. Besides, they weren't his papers. Hehad no business to hold back evidence in a murder case because it didnot suit him to have it made public. Didn't Mr. Lane think he had doneright in taking the papers from the safe when he had a chance?

  Mr. Lane rather dodged the ethics of the case of Hudson. He had, ofcourse, instigated the theft of the papers. He was entitled to them.James had appropriated them by a trick. Besides, it was a matter ofpublic and private justice that the whole Cunningham mystery be clearedup as soon as possible. But he was not prepared to pass on Hudson'sright to be the instrument in the case. The man was, of course, aconfidential employee of the oil broker. There was one thing to besaid in his favor. Kirby had not offered him anything for what he haddone nor did he want anything in payment. It was wholly a gratuitousservice.

  The cattleman had made inquiries. He knew of a Japanese interpreterused in the courts. Foster had recommended him as entirely reliable.To this man Kirby went. He explained what he wanted. While theJapanese clerk read in English the writing to him and afterward wroteout on a typewriter the translation of it, Kirby sat opposite him atthe table to make sure that there was no juggling with the originaldocument.

  The affair was moving to its climax. Within a few hours now Kirbyexpected to see the murderer of his uncle put under arrest. It wastime to take the Chief of Police into his confidence. He walked downSixteenth toward the City Hall.

  At Curtis Street the traffic officer was semaphoring with energeticgesture the east and west bound vehicles to be on their way. Kirbyjaywalked across the street diagonally and passed in front of anelectric headed south. He caught one glimpse of the driver and stoodsmiling at the door with his hat off.

  "I want to see you just a minute, Miss Harriman. May I come in?"

  Her long, dark eyes flashed at him. The first swift impulse was torefuse. But she knew he was dangerous. He knew much that it was vitalto her social standing must not be published. She sparred for time.

  "What do you want?"

  He took this as an invitation and whipped open the door.

  "Better get out of the traffic," he told her. "Where we can talkwithout being disturbed."

  She turned up Fifteenth. "If you have anything to say," she suggested,and swept her long-lashed eyes round at him with the manner of delicatedisdain she held at command.

  "I've been wonderin' about somethin'," he said. "When James telephonedmy uncle, on the evenin' he was killed, that you an' he were on the wayto his rooms, he said you were together; but James reached there alone,you an' Jack arrivin' a few minutes later. Did James propose that hego first?"

  The young woman did not answer. But there was no longer disdain in herfear-filled eyes. She swung the car, as though by a sudden impulse, tothe left and drove to the building where the older James Cunningham hadhad his offices.

  "If you want to ask me questions you'd better ask them before Jack,"she said as she stepped out.

  "Suits me exactly," he agreed.

  Her lithe, long body moved beside him gracefully, its every motionperfectly synchronized. In her close-fitting, stylish gown she wasextremely handsome. There was a kind of proud defiance in the set ofher oval jaw, as though even in the trouble that involved her she was acreature set apart from others.

  "Mr. Lane has a question he wants to ask you, Jack," she said when theywere in the inner office.

  Kirby smiled, and in his smile there were friendliness and admiration."First off, I have to apologize for some things I said two days ago.I'll eat humble pie. I accused you of somethin'. You're not the man,I've found out."

  "Yes?" Jack, standing behind his desk in the slim grace ofwell-dressed youth, watched him warily.

  "We've found out at last who the man is."

  "Indeed!" Jack knew that Esther McLean had been found by her friendsand taken away. No doubt she had told them her story. Did thecattleman mean to expose James before the woman he knew to be his wife?That wouldn't be quite what he would expect of Lane.

  "Incidentally, I have some news for you. One of your uncle'sstenographers, a Miss McLean, has just been married to a friend ofmine, the champion rough rider. Perhaps you may have heard of him.His name is Cole Sanborn."

  Jack did not show the great relief he felt. "Glad to hear it," he saidsimply.

  "Did we come here to discuss stenographers?" asked the young woman witha little curl of the lip. "You mentioned a question, Mr. Lane. Hadn'twe better get that out of the way?"

  Kirby put to Jack the same query he had addressed to her.

  "What's the drift of this? What do you want to prove?" Jack askedcurtly.

  The eyes in the brown face plunged deep into those of Jack Cunningham."Not a thing. I've finished my case, except for a detail or two.Within two hours the murderer of Uncle James will be arrested. I'mofferin' you a chance to come through with what you know before it'stoo late. You can kick in if you want to. You can stay out if youdon't. But don't say afterward I didn't give you a chance."

  "What kind of a chance are you giving me? Let's get clear on that.Are you proposing I turn state's evidence on James? Is that whatyou're driving at?"

  "Did James kill Uncle James?"

  "Of course he didn't, but you may have it in that warped mind of yoursthat he did."

  "What I think doesn't matter. All that will count is the truth. It'sbound to come out. There are witnesses that saw you come to theParadox, a witness that actually saw you in uncle's rooms. If youdon't believe me, I'll tell you somethin'. When you an' Miss Harrimancame into the room where my uncle had been killed, James was sittin' atthe desk lookin' over papers. A gun was lyin' close by his hand. MissHarriman nearly fainted an' you steadied her."

  Miss Harriman, or rather Mrs. James Cunningham, nearly fainted again.She caught a
t the back of a chair and stood rigid, looking at Kirbywith dilated, horror-filled eyes.

  "He knows everything--everything. I think he must be the devil," shemurmured from bloodless lips.

  Jack, too, was shaken, badly. "For God's sake, man, what do you know?"he asked hoarsely.

  "I know so much that you can't safely keep quiet any longer. The wholematter is goin' to the police. It's goin' to them this afternoon.What are you goin' to do? If you refuse to talk, then it will be takento mean guilt."

  "Why should it go to the police? Be reasonable, man. James didn't doit, but he's in an awful hole. No jury on earth would refuse toconvict him with the evidence you've piled up. Can't you see that?"

  Kirby smiled. This time his smile was grim. "I ought to know thatbetter than you. I'll give you two hours to decide. Meet you atJames's office then. There are some things we want to talk over alone,but I think Miss Harriman had better be there ready to join us when wesend for her."

  "Going through with this, are you?"

  "I'm goin' through in spite of hell and high water."

  Jack strode up and down the room in a stress of emotion. "You're goingto ruin three lives because you're so pigheaded or because you wantyour name in the papers as a great detective. Is there anything in theworld we can do to head you off?"

  "Nothin'. And if lives are ruined it's not my fault. I'll promisethis: The man or woman I point to as the one who killed Uncle Jameswill be the one that did it. If James is innocent, as you claim he is,he won't have it saddled on him. Shall I tell you the thing that's gotyou worried? Down in the bottom of your heart you're not dead sure hedidn't do it--either one of you."

  The young woman took a step toward Kirby, hands outstretched in dumbpleading. She gave him her soft, appealing eyes, a light of proudhumility in them.

  "Don't do it!" she begged. "He's your own cousin--and my husband. Ilove him. Perhaps there's some woman that loves you. If there is,remember her and be merciful."

  His eyes softened. It was the first time he had seen her taken out ofher selfishness. She was one of those modern young women who take, butdo not give. At least that had been his impression of her. She hadspecialized, he judged, in graceful and lovely self-indulgence. A partof her code had been to get the best possible bargain for her charm andbeauty, and as a result of her philosophy of life time had alreadybegun to enamel on her a slight hardness of finish. Yet she hadmarried James instead of his uncle. She had risked the loss of a largefortune to follow her heart. Perhaps, if children came, she mightstill escape into the thoughts and actions that give life its truevalue.

  A faint, sphinxlike smile touched his face. "No use worryin'. Thatdoesn't help any. I'll go as easy as I can. We'll meet in two hoursat James's office."

  He turned and left the room.