Chapter X
Dinner was finished at the Brierly camp when a telephone messagefrom the Higginbotham camp requested Professor Brierly to comedown there that evening, if it was convenient. McCall and, as anafterthought, Hale, were included in the invitation.
After their arrival Justice Higginbotham began without preamble:
"What conclusions have you reached with reference to thesemurders, Professor?"
Professor Brierly looked at his questioner curiously. He lookedabout at the other men. The strain was increasingly telling onthem. Old men, all of them, the difference that the last threedays had made in their appearance was startling. A furtive,harrowing fear was apparent in most of their countenances.
Professor Brierly answered gently:
"I do not believe I have reached any general conclusion, Judge.The facts, as I found them, that may be helpful to the police Ihave given the police. Understand, please, I am not a policemannor a detective. I am a simple scientist and it is as problems inscience that I approach these subjects."
"Perhaps I have not made myself clear, Professor. We, or rathermost of us, are in a very unhappy state of mind. Thus, what mightthree days ago have been a very simple thing, takes on for all ofus perhaps a grossly exaggerated importance. Mr. Flynn there,"glancing toward one of the men who was looking with dull unseeingeyes at the table, "has an important errand at his home. His homeis in Pleasantville, N.Y. That is not far from New York City. Weare really perplexed as to whether we ought to let him go."Justice Higginbotham nervously clenched his fist until theknuckles showed white.
"This is ghastly, Professor. Let me put it bluntly. Here we are,eleven old comrades, and we are--shall I say it--suspicious of oneanother. There, you have it, but it is the simple truth. Perhapsall of us do not share this unworthy feeling." He smiled grimlyand continued:
"We are old men. In this state of mind, if it continues and growsas it must, unless this damnable mess is cleared up, we will alldie shortly without the aid of murder."
McGuire stood up abruptly and took several paces back and forth.He growled:
"Yes, it's hellish. We don't like the idea of Flynn going off byhimself and at the same time we are all afraid to stay here. Thatdamn Tontine policy. If not for that we would not--"
His sentence was left unfinished. Several of the old heads noddedin agreement. Flynn looked up. With an air of obviously falsebravado he exclaimed:
"What the hell is there to be afraid of? And suppose I do followthe others? I told you when I came three days ago that I could notspend the week. I just have to attend to this matter." He shookhis head stubbornly. "If we take this attitude--we are men, aren'twe. Can't we protect ourselves, now that we know definitely of thedanger. Or aren't we exaggerating the danger?"
Mr. Marshall said gently.
"But it is not altogether our fear for your safety, Bill, that isin our minds. It is--let us put it frankly--"
McGuire interrupted.
"Oh, go on, say it, Hank, say it! It is fear of one another aswell as fear for one another. Is that it?"
Marshall nodded. Jimmy tingled at this scene. There was anelectric tension that might result in--almost anything. McGuirecontinued:
"Stay here, Flynn, stay here until this thing is cleaned up."
Flynn got out of his seat. He picked up a light top coat and hatthat had been on the arm of his chair.
"Well, I've got to go and that's that. You all know I've got togo. If you're afraid of me, send a guard along. If you're afraidfor me, the same guard can do your business."
Justice Higginbotham turned to McCall.
"Mr. McCall, see to it that Flynn is guarded from the moment hesteps foot in New York. We will see to it that he has adequateprotection until he reaches New York." His eyes swept the rest ofthe group. "Is that satisfactory?"
There was a general nod of assent. Justice Higginbotham continued:
"For God's sake, let us not be children or old women. We have allfaced death before, we have faced other and worse things. Weshould get some reports soon that will clear this up. In a day, atthe most in two days, we will know definitely if Amos Brown, theonly remaining member of '14', is still alive."
Bruce Thomas spoke up:
"Facing death from a musket with your comrades about you iscomparatively easy, Isaac. But this damnable thing--"
"Forget it. Let us confront it. We--"
The ringing of the telephone interrupted him; Jimmy saw themajority of the old men wince as at a blow. He had a vividrecollection of the hourly ringing of the telephone on the fatalmorning of July fourth, it seemed so long ago, and the deadlymessages the telephone brought.
The grizzled negro came to the door.
"Lentone police calling, Jedge."
There was an unwonted gleam of excitement in the eyes of thevenerable jurist as he returned to the waiting men.
"Lentone police say they have the man who murdered Miller. Theywant you to come down there, Professor. A man by the name ofGrasher--"
"Brasher," corrected Jimmy.
"Yes, Brasher, he was on the wire. He seemed quite elated and hewants you to come right down there, Professor."
William Flynn who was about to go when the telephone bell rang,paused when he heard the news. He shrugged his shoulders. Jimmywho had been watching him saw the look of furtive defiance andbravado lift from him. He said:
"That doesn't make any difference in my plans. I'll have to goanyway. I'd like to wait and see this out. I feel better just thesame though, if they've got the killer."
McCall addressed him: "Come down to the Lentone police stationwith us, Mr. Flynn. We'll arrange for protection for you."
Chief of Police Cassidy, of the Lentone Police, consented readilyto the request made by McCall. Then the three men were led intothe chief's office. Brasher explained briefly:
"Professor, this bird we got has as many aliases as I got hairs inmy head and he's got a criminal record as long as my arm. He'sknown to the police from here to the Mississippi. The last job hedid was in New York, up above Yonkers, where he got into a houselike he got into Miller's Folly, chimney, rope, climbing irons andeverything. He beat the rap on a technical kink.
"About three hours ago, he was caught over near the New Hampshireline driving a stolen car. We got his record all right. We waswaitin' till you came. Want to ask him some questions?"
"No, but I should like to be here when you examine him, if youdon't mind?"
Chicago Boyle' alias 'Lefty' Harris, alias to many names tomention, was brought in. Boyle was a well dressed man in themiddle thirties. He was strongly and compactly built. Hescrutinized carefully each of the men who faced him. He jauntilyasked for a cigarette, which Brasher supplied him. He did not takehis eyes from Professor Brierly while he was lighting the whitetube.
After blowing a series of small smoke rings, he asked:
"You're Professor Brierly, aren't you?" His voice was soft andquietly modulated. His diction was that of a fairly well educatedman.
Professor Brierly nodded curtly. Brasher pointed to a chair andsaid:
"To save time, Boyle, I suppose you'll admit that you're 'Chicago'Boyle, alias 'Lefty' Harris, alias--"
Boyle nodded indifferently.
"Oh, yes, I'm Boyle all right, what of it? I was going about mybusiness, when a hick cop picked me up because he thought my carwas stolen. Then I'm transported half way across the state andbrought here. What's it all about?"
"We want to ask you some questions, Boyle."
"You can ask as many damn questions as you please. I won't answer'em. I know my rights. I asked to see a lawyer and you've kept me--"
"Oh, you'll get your lawyer, all right but first--"
"No, first I'll see my lawyer."
Brasher stepped to the doorway and beckoned. A middle-aged man,with blond hair and gimlet like black eyes stepped in. He noddedcurtly to the others and said to Boyle:
"What is it?"
"I'm kept here without the shadow of a legal excuse. I don't
knowwhat I was arrested for. I've seen no warrant. I haven't beencharged."
Counselor-at-law Forman whirled on the chief of police.
"Is this true?" Without waiting for an answer he said heatedly:
"I demand to know what he's charged with. I demand that he bebrought before a judge and admitted to bail. I'll have a _habeuscorpus_--"
Brasher said softly.
"It's true we didn't charge him. We want to ask him somequestions. If he insists on his rights, we'll charge him all rightbut if we do there won't be no bail. There's no bail for whatwe're gonna charge him with."
Boyle and Forman stared at the speaker. The lawyer finally asked:
"What are you talking about, no bail. Only in murder cases can aprisoner be denied bail."
"That's what I'm talkin' about, Mr. Forman. You're a smart lawyerall right. Murder is what we're gonna charge him with if he andyou insist."
Jimmy had been watching Boyle. After the first momentary surprise,a gleam of sardonic amusement appeared in his eyes. He seemed notat all concerned with the gravity of the charge. But this lastedonly a short time. He turned grave, but Jimmy was quite certain hewas not frightened. He said:
"Wait a minute, Mr. Forman. This flatfoot hasn't got a thing onme. It may be better to answer questions and--"
"No!" burst out Forman. "Don't answer any questions. They'll--"
Of the two the prisoner seemed far the cooler. He shook his headgently.
"Naw, they won't do a thing; they haven't got anything to do itwith. Let 'em ask."
The lawyer glared at him. He spat out:
"Better get another lawyer, since you know so much." He turnedabruptly and walked out.
Boyle turned a smiling face to the other men in the room.
"These mouthpieces have their little ways, haven't they? One wouldthink HE was being accused of murder. Go on and ask what you like.I'll answer your questions because I haven't got anything tohide."
"That's swell," said Brasher with thinly disguised sarcasm."'Member the job of yours near Yonkers, where you got in with arope hooked around a chimney and climbin' irons. 'Member that,Boyle?"
"Sure, I remember it. But that was a frame up. The police had tohave a goat and I was it. But they didn't get away with it. Somejudges are honest and this one didn't let them frame me."
"Yeah, that's right. Well, Boyle, mebbe you heard about thisMorris Miller who was murdered right outside of town here early inthe morning of July 4th. Heard of that did you?"
There was a tightening of the prisoner's jaw muscles. His browswere drawn together. His hand holding the cigarette stoppedmidway. He was looking fixedly at the detective. He nodded.
"Yes, I heard of it. What of it?"
"Well, the bird who bumped off this Miller got in by using a ropehooked around a chimney like you did--excuse me--like they allegedyou did in Yonkers. He used climbing irons too. You used to be alineman didn't you, Boyle?"
Brasher stopped, waiting for the effect of this on the prisoner.He continued:
"Now all you got to do, Boyle, is to convince us that you weren'tthere when Mr. Miller was killed and we'll let you go. See."
Boyle's eyes blinked. His ruddy complexion turned several shadeslighter. He blinked again. He wet his lips. He made a visibleeffort to appear calm. He sneered:
"Just like a dumb cop. Asking me to prove that I didn't do it. Youought to know by this time that it's up to you to prove that I didit, that I was where you say I was."
"I'm not saying anything--yet, Boyle. I'm not saying you was there,but--" he stood up and was standing over the prisoner his facethrust forward, his eyes glinting threateningly, "Boyle, you got arecord as long as a pedigreed dog. You've been mugged and fingerprinted all over this country. You done a bit in Joliet forgetting into a house the same way as you got in in Yonkers and asyou got in--Miller's Folly. All you got to do, Boyle, is prove--sureyou're right about the law, Boyle, about us having to prove it,you're right about that.
"But just picture the jury, Boyle. The jury don't know as much lawas you do. We'll give the jury your record, see? We'll tell 'em--we'lltell 'em plenty. Where was you that night Boyle?"
Boyle wet his lips.
"I was in a 'speak' that night. About eight o'clock I got talkingwith a man, a stranger, a man I don't know. We had a couple ofdrinks. He had a business proposition to make and he wanted me totake a drive with him. I went. Next thing I knew, I woke up in aditch about four miles from here. It was morning. I guess my drinkwas drugged. The man, whoever he was, took everything I had on meexcept my watch. He didn't get it because it was in the little fobpocket of my trousers. I had a vest on."
"Where was this 'speak,' Boyle?"
"It was Corbett's," said Boyle after a momentary hesitation.
"Did anybody in Corbett's know this bird, Boyle?"
"I don't know; he was a stranger to me."
Brasher lifted the receiver from the hook. After an interval theconnection was made. Boyle watched him anxiously while he wasasking the unseen person at the other end of the wire somequestions. Brasher hung up the receiver. He turned to Boyle:
"Yeah, they say you was there and left with a stranger about eighto'clock that night. They never saw this bird before. What businesswas you talkin' to him about, Boyle?"
"Oh, just some private business."
"Oh, private business, huh. You walk away with--by the way, Boyle,what business are you in now?"
There was a long pause. Then Boyle answered in a low voice, allhis jauntiness and assurance gone.
"I do a little bootlegging."
"Willing to admit it now, huh. Bootlegging is easier than murderain't it, Boyle? And where was you goin' when you was picked up?"
"I was leaving the state. What the hell could I do. This birdcleaned me out. I had my roll on me when I was with him."
"Yeah. You, Boyle, an old-timer, falls in with a stranger in aspeakeasy and goes with him at night in his car to listen to abusiness proposition. And the next thing you know it's mornin' an'you're sleepin' in a ditch. Well, Boyle, we'll make it all legalnow. I charge you with murderin' Morris Miller on the night ofJuly 3rd. I warn you now that everythin' you say may be usedagainst you."
As he was about to be led out of the room, Professor Brierly askeda question.
"Mr. Boyle, the watch you spoke of. What kind of watch is it, awrist watch or a pocket watch?"
The prisoner looked at him a long time, then he burst out.
"What the hell is this? What's the watch got to do with--"
"Do you care to answer the question, Mr. Boyle?" asked the oldscientist.
There was something in Professor Brierly's demeanor that made theprisoner change his mind and his manner. He answered politely:
"A pocket watch, sir."
"How long have you had the watch?"
The prisoner reflected the surprise of the other men but answeredpromptly: "I've had it about eighteen years."
"Thank you Mr. Boyle. May I see the watch please--oh, I beg yourpardon. I forgot."
When the prisoner was led out, Professor Brierly asked Brasher toshow him the watch. When it was brought, a thin, gold, open facewatch, Professor Brierly asked:
"How can we determine if he is telling the truth about the lengthof time he had the watch?"
McCall asked Brasher:
"How long ago was this Yonkers job, Brasher?"
"'Bout three years ago."
McCall turned to the Professor.
"They may have a record in the police station, where he was bookedon that Yonkers affair of the stuff he had with him. If they havea record and description of this watch we will know that he hashad it this length of time anyway. Will that help, Professor?"
"Why, yes. That may be very helpful."
The New York District Attorney made the call. When his connectionwith the proper source of information was finally complete he heldout his hand mutely for the watch. He described it in detailincluding a monogram on the case. When he hung up the receiver henodde
d.
"Yes, this watch was among the effects found on his person when hewas arrested. A careful record was kept of it because at the timeit was suspected that the watch had been stolen."
Brasher had impatiently waited for this, to him unimportant andirrelevant matter to be disposed of. Now he burst out.
"Well, Professor, we got him didn't we. That sure was a swell tipof yours."
Professor Brierly did not appear to be listening. When Brasherrepeated the question he shook his head absently.
"What? Oh, yes, yes. If you mean that we have the murderer of Mr.Miller, Mr. Brasher, I am not at all certain that you are right.Would you mind asking this Boyle when he had this watch cleanedlast?"
Brasher looked at him in undisguised surprise. Professor Brierlywas oblivious to this. He was peering intently at the watch.Brasher stepped out and in a short time he returned sayinggruffly:
"He says it hasn't been cleaned for about four or five years."Then he changed his tone and asked with a faint imitation of hisformer enthusiasm:
"But we got him, Professor, we got him. Gee what a swell break forus that you was there." He added generously. "I'm sure I couldn't'a' seen what you seen, Professor."
Professor Brierly was still in an absent minded mood. He waslooking at the watch. Suddenly he said:
"Mr. Brasher, may I have this watch for a few hours. I will returnit."
Brasher looked at the chief of police who nodded.