VIII
THE SHYSTER LAWYER
That's a declaration of war," remarked Kennedy, as Carton resumed hisseat at the desk unconcernedly after the stormy ending of the interviewwith Murtha.
"I suppose it is," agreed the District Attorney, "and I can't say thatI am sorry."
"Nor I," added Craig. "But it settles one thing. We are now out in whatI call the 'open' investigation. They have forced us from cover. Weshall have to be prepared to take quick action now, whatever move theymay make."
Together we were speculating on the various moves that the System mightmake and how we might prepare in advance for them.
Evidently, however, we were not yet through with these indirectdealings with the Boss. The System was thorough, if nothing else, andprompt. We had about decided to continue our conference over the dinnertable in some uptown restaurant, when the officer stationed in the hallpoked his head in the door and announced another visitor for theDistrict Attorney.
This time the entrance was exactly the opposite to the bluster ofMurtha. The man who sidled deferentially into the room, a moment afterCarton had said he would see him, was a middle-sized fellow, with ahigh, slightly bald forehead, a shifty expression in his sharp ferreteyes, and a nervous, self-confident manner that must have been veryimpressive before the ignorant. "My name is Kahn," he introducedhimself. "I'm a lawyer."
Carton nodded recognition.
Although I had never seen the man before, I recollected the name whichMiss Kendall had mentioned. He was one of the best known lawyers of theSystem. He had begun his career as an "ambulance chaser," had risenlater to the dignity of a police court lawyer, and now was of the typethat might be called, for want of a better name, a high class"shyster"--unscrupulous, sharp, cunning.
Shyster, I believe, has been defined as a legal knave, a lawyer whopractises in an unprofessional or tricky manner. Kahn was all that--andstill more. If he had been less successful, he would have been theblack sheep of the overcrowded legal flock. Ideals he had none. Hisclaws reached out to grab the pittance of the poverty-stricken clientas well as the fee of the wealthy. He had risen from hospitals topolice courts, coroner's court, and criminal courts, at last attainingthe dignity of offices opposite an entrance to the criminal courtsbuilding, from which vantage point his underlings surveyed the scene ofoperations like vultures hovering over bewildered cattle.
Carton knew him. Kahn was the leader among some score of men more orless well dressed, of more or less evil appearance, who are constantlyprowling from one end to the other of the broad first floor of thecriminal courts building during the hours of the day that justice isbeing administered there.
These are the shyster lawyers and their runners and agents who preyupon the men and women whom misfortune or crime have delivered into thehands of the law. Others of the same species are wandering about thegalleries on other floors of the building, each with a furtive eye forthose who may be in trouble themselves or those who seem to be in needof legal assistance for a relative or friend in trouble.
Perhaps the majority of lawyers practising in the courts are reputableto the highest degree, and many of the rest merely to a safe degree.Many devote themselves to philanthropic work whenever a prisoner ispenniless. But the percentage of shysters is high. Kahn belonged in thelatter class, although his days of doing dirty work himself werepassed. He had a large force of incipient shysters for that purpose. Asfor himself, he handled only the big cases in which he veneered thedirty work by a sort of finesse.
Kahn bowed and smiled ingratiatingly. "Mr. Carton," he began in aconciliatory tone, "I have intruded on your valuable time in theinterest of my client, Mr. Jack Rubano."
"Huh!" grunted Carton. "So they've retained you, have they, Ike?" hemused familiarly, closely regarding the visitor.
Kahn, far from resenting the familiarity, seemed rather to enjoy it andtake it as his due measure of fame.
"Yes, Mr. Carton, they have retained me. I have just had a talk withthe prisoner in the Tombs and have gone over his case very carefully,sir."
Carton nodded, but said nothing, willing to let Kahn do the talking forthe present until he exposed his hand.
"He has told me all about his case," pursued Kahn evenly. "It is notsuch a bad case. I can tell you that, Mr. Carton, because I didn't haveto resort to the 'friend of the judge' gag in order to show him that hehad a good chance."
Kahn looked knowingly at Carton. At least he was frank about his owngame before us; in fact, utterly shameless, it seemed to me. Probablyit was because he knew it was no use, that Carton had no illusionsabout him. Still, there was an uncanny bravado about it all. Kahn wasindeed very successful in making the worst appear the better reason. Heknew it and knew that Carton knew it. That was his stock in trade.
He had seated himself in a chair by the District Attorney's desk and ashe talked was hitching it closer and closer, for men of Kahn's stampseem unable to talk without getting into almost personal contact withthose with whom they are talking. Carton drew back and folded his handsback of his head as he listened, still silent.
"You know, Mr. Carton," he insinuated, "it is a very different thing tobe sure in your own mind that a man is guilty from being able to proveit in court. There are all sorts of delays that may be granted,witnesses are hard to hold together, in fact there are manydifficulties that arise in the best of cases."
"You don't need to tell me that, Kahn," replied Carton quietly.
"I know it, Mr. Carton," rejoined the other apologetically. "I was justusing that as a preface to what I have to say."
He took another hitch of the chair nearer Carton and lowered his voiceimpressively. "The point, sir, at which I am driving is simply this.There must be some way in which we can reach an agreement, compromisethis case, satisfactorily to the people with a minimum of time andexpense--some way in which the indictment or the pleadings can beamended so that it can be wound up and--you understand--both of uswin--instead of dragging it out and perhaps you losing the case in theend."
Carton shook his head. "No, Kahn," he said in a low tone, but firmly,"no compromise."
Kahn bent his ferret eyes on Carton's face as if to bore through intohis very mind.
"No," added the District Attorney, "Murtha was just here, and I may aswell repeat what I said to him--although I might fairly assume that hewent from this room directly across the street to your office and thatyou know it already. This case has gone too far, it has too many otherramifications for me to consent to relax on it one iota."
Kahn was baffled, but he was cleverer than Murtha and did not show it.
"Surely," he urged, "you must realize that it is not worth your whileat such a critical time for yourself to waste energies on a case whenthere are so many more profitable things that you could do. The fact isthat I would be the last one to propose anything that was not open andabove board and to our mutual advantage. There must be some way inwhich we can reach an agreement which will be satisfactory to allparties in interest, sir."
"Kahn," repeated Carton a little testily, "how often must I repeat toyou and your people that I am NOT going to compromise this case in anyshape, form, or manner? I am going to fight it out on the lines I haveindicated if I have to disrupt this entire office to get men to do it.I have plenty to do seeking re-election, but my first duty is to act aspublic prosecutor in the office to which I have been already elected.Otherwise, it would be a poor recommendation to the people to return meto the same position. No, you are merely wasting your time and ourstalking compromise."
Kahn had been surveying Carton keenly, now and then taking a shiftyglance at Kennedy and myself.
As Carton rapped out the last words, as if in the nature of anultimatum, Kahn gazed at him in amazement. Here was a man whom he knewhe could neither bribe, bully, or bulldoze.
"You must consider this, too," he added pointedly. "There has been agood deal of mud-slinging in this campaign. We may find it necessary togo back into the antecedents and motives of those who represent thep
eople in this case."
It was a subtle threat. Just what it implied I could not even guess,nor did Carton betray anything by look or word. Carton had voluntarilyplaced himself in the open and in a position from which he could notretreat. Evidently, now, he was willing to force the fight, if theother side would accept the issue. It meant much to him but he did notbalk at it.
"No, Kahn," he repeated firmly, "no compromise."
Kahn drew back a bit and hastily scanned the face of the prosecutor.Evidently he saw nothing in it to encourage him. Yet he was too smoothto let his temper rise, as Murtha had. By the same token I fancied hima more dangerous opponent. There was something positively uncanny abouthis assurance.
Kahn rose slowly. "Then it is war--without quarter?" asked Kahnshrewdly.
"War--without quarter," repeated Carton positively.
He withdrew quietly, with an almost feline tread, quite in contrastwith the bluster of Murtha. I felt for the first time a sort of sinkingsensation, as I began to realize the varied character of the assaultthat was preparing.
Not so, Carton and Kennedy. It seemed that every event that moreclearly defined our position and that of our opponents added zest tothe fight for them. And I had sufficient confidence in the combinationto know that their feelings were justified.
Carton silently pulled down and locked the top of his desk, then for amoment we debated where we should dine. We decided on a quiet hoteluptown and, leaving word where we could be found, hurried along for thefirst real relaxation and refreshment after a crowded day's work.
If, however, we thought we could escape even for a few minutes we weremightily mistaken. We had not fairly done justice to the roast when aboy in buttons came down the line of tables.
"Mr. Carton--please."
The District Attorney crooked his finger at the page.
"You're wanted at the telephone, sir."
Carton rose and excused himself.
The message must have given him food of another kind, for when hereturned after a long absence, he pushed aside the now cold roast andjoined us in the coffee and cigars.
"One of my men," he announced, "has been doing some shadowing for me.Evidently, both Murtha and Kahn having failed, they are resorting toother tactics. It looks as if they had in some way, probably from somecorrupt official of the court or employee in charge of the jury list,obtained a copy of the panel which Justice Pomeroy has summoned for thecase."
"It ought to be a simple thing to empanel another set of talesmen andlet these fellows serve in some other part of the court," I suggested,considering the matter hastily.
"Much better to let it rest as it is," cut in Craig quickly, "and tryto catch Kahn with the goods. It would be great to catch one of theseclever fellows trying to 'fix' the jury, as well as intimidatewitnesses, as he already hinted himself."
"Just the thing," exclaimed Carton, whose keen sense of proportionshowed what a valuable political asset such a coup would make inaddition to its effect on the case.
"We'll get Kahn right, if we have a chance," planned Craig. "You areacquainted more or less with his habits, I suppose. Where does Kahnhang out? Most fellows like him have a sort of Amen Corner where theymeet their henchmen, issue orders, receive reports and carry onbusiness that wouldn't do for an office downtown."
"Why, I believe he goes to Farrell's--has an interest in the place, Ithink."
Farrell's, we recognized, as a rather well-known all-night cafe whichmanaged to survive the excise vicissitudes by dint of having no cabaretor entertainment.
We finished the dinner in silence, Kennedy turning various schemes overin his mind, and rejecting them one after another.
"There's nothing we can do immediately, I suppose," he remarked atlength. "But if you and Carton care to come up to the laboratory withme, I might in time of peace prepare for war. I have a little apparatusup there which I think may fit in somehow and if it does, Mr. Kahn'sdays of jury fixing are numbered."
A few minutes later, we found ourselves in Kennedy's laboratory, wherehe had gathered together an amazing collection of paraphernalia in thewarfare of science against crime which he had been waging during theyears that I had known him.
Carton looked about in silent admiration. As for myself, although onemight have thought it was an old story with me, I had found that nosooner had I become familiar with one piece of apparatus to perform oneduty, than another situation, entirely different and unprecedented inour cases arose which called for another, entirely new. I had learnedto have implicit confidence in Kennedy's ability to meet each newemergency with something fully capable of solving the problem.
From a cabinet, Kennedy took out what looked like the little blackleather box of a camera, with, however, a most peculiar looking lens.