Chapter III: Part 3
"No--except that everything seems to be a matter of scientific management here to get the most out of the suckers. This is no place for a piker. It all seems to run so smoothly, too. Still, I'm sure that our investigators might get something on the place if they kept right after it, although on the surface it doesn't look as if any law was being openly violated here. What do you mean? What is your point number two?"
"In the front window," resumed Craig, "just as you enter, I noticed one of those little oblong signs printed neatly in black on white--'Dr. Vernon Harris, M. D.' You recall that the letter said something about a doctor who was very friendly with that clique the writer mentioned? It's even money that this Harris is the one the writer meant. I suppose he is the 'house physician' of this gilded palace."
Clare nodded appreciatively. "Quite right," she agreed. "Just how do you think he might be involved?"
"Of course I can't say. But I think, without going any further, that a man like that in a place like this will bear watching anyway, without our needing more than the fact that he is here. Naturally we don't know anything about him as a doctor, but he must have some training; and in an environment like this--well, a little training may be a dangerous thing."
"The letter said something about drugs," mused Clare.
"Yes," added Kennedy. "As you know, alcohol is absolutely necessary to a thing like this. Girls must keep gay and attractive; they must meet men with a bright, unfaltering look, and alcohol just dulls the edge of conscience. Besides, look over that wine list--it fills the till of the Montmartre, judging by the prices. But then, alcohol palls when the pace is as swift as it seems to be here. Even more essential are drugs. You know, after all, it is no wonder so many drug fiends and drunkards are created by this life. Now, a doctor who is not over-scrupulous, and he would have to be not over-scrupulous to be here at all, would find a gold mine in the dispensing of drugs and the toning up of drug fiends and others who have been going the pace too rapidly."
"Yes," she said. "We have found that some of these doctors are a great factor in the life of various sections of the city where they hang out. I know one who is deeply in the local politics and boasts that any resort that patronizes him is immune. Yes, that's a good point about Dr. Harris."
"I suppose your investigators have had more or less to do with watching the progress of drug habits?" ventured Craig.
"Very much," she replied, catching the drift of his remarks. "We have found, for instance, that there are a great many cases where it seems that drugs have been used in luring young and innocent girls. Not the old knockout drops--chloral, you know--but modern drugs, not so powerful, perhaps, but more insidious, and in that respect, I suppose, more dangerous. There are cocaine fiends, opium smokers; oh, lots of them. But those we find in the slums mostly. Still, I suppose there are all kinds of drugs up here in the White Light District--belladonna to keep the eyes bright, arsenic to whiten the complexion, and so on."
"Yes," asserted Craig. "This section of the city may not be so brutal in its drug taking as others, but it is here--yes, and it is over on Fifth Avenue, too, right in society. Before we get through I'm sure we'll both learn much more than we even dream of now."
The door opened after a discreet tap from the waiter and the lavish dinner which Craig had ordered appeared. The door stayed open for a moment as the bus boy carried in the dishes. A rustle of skirts and low musical laughter was wafted in to us and we caught a glimpse of another gay party passing down the hall.
"How many private dining-rooms are there?" asked Craig of the waiter.
"Just this one, sir, and the next one, which is smaller," replied the model waiter, with the air of one who could be blind and deaf and dumb if he chose.
"Oh, then we were lucky to get this."
"Yes, sir. It is really best to telephone first to Julius to make sure and have one of the rooms reserved, sir."
Craig made a mental note of the information. The party in the next room were hilariously ordering, mostly from the wine list. None of us had recognized any of them, nor had they paid much attention to us.
Craig had eaten little, although the food was very good.
"It's a shame to come here and not see the whole place," he remarked. "I wonder if you would excuse me while I drop downstairs to look over things there--perhaps ingratiate myself with that Titian? Tell Miss Kendall about our visit to Langhorne's office while I am gone, Walter."
There was not much that I could tell except the bare facts, but I thought that Miss Kendall seemed especially interested in the broker's reticence about his stenographer.
I had scarcely finished when Craig returned. A glance at his face told me that even in this brief time something had happened.
"Did you meet the Titian?" I asked.
"Yes. She is the stenographer and sometimes works the switchboard of the telephone. I happened to strike the office while the clerk was at dinner and she was alone. While I was talking to her I was looking about and my eye happened to fall on one of the letter boxes back of the desk, marked 'Dr. Harris.' Well, at once I had an overwhelming desire to get a note which I saw sticking in it. So I called up a telephone number, just as a blind, and while she was at the switchboard I slipped the note into my pocket. Here it is."
He had laid an envelope down before us. It was in a woman's hand, written hastily.
"I'd like to know what was in it without Dr. Harris knowing it," he remarked. "Now, the secret service agents abroad have raised letter-opening to a fine art. Some kinds of paper can be steamed open without leaving a trace, and then they follow that simple operation by reburnishing the flap with a bone instrument. But that won't do. It might make this ink run."
Among the ornaments were several with flat wooden bases. Kennedy took one and placed it on the edge of the table, which was perfectly square. Then he placed the envelope between the table and the base.
"When other methods fail," he went on, "they place the envelope between two pieces of wood with the edges projecting about a thirty-second of an inch."
He had first flattened the edge of the envelope, then roughened it, and finally slit it open.
"Scientific letter-opening," he remarked, as he pulled out a little note written on the hotel paper. It read:
DEAR HARRY:
Called you up twice and then dropped into the hotel, but you seem to be out all the time. Have something VERY IMPORTANT to tell you. Shall be busy to-night and in the morning, but will be at the dansant at the Futurist Tea Room to-morrow afternoon about four. Be sure to be there.
MARIE.
"I shall," commented Kennedy. "Now the question is, how to seal up this letter so that he won't know it has been opened. I saw some of this very strong mucilage in the office. Ring the bell, Walter. I'll get that impervious waiter to borrow it for a moment."
Five minutes later he had applied a hair line of the strong, colourless gum to the inside of the envelope and had united the edges under pressure between the two pieces of wood. As soon as it was dry he excused himself again and went back to the office, where he managed to secure an opportunity to stick the letter back in the box and chat for a few minutes longer with the Titian.
"There's a wild cabaret down in the main dining-room," he reported on his return. "I think we might just as well have a glimpse of it before we go."
Kennedy paid the cheque, which by this time had mounted like a taximeter running wild, and we drifted into the dining-room, a rather attractive hall, panelled in Flemish oak with artificial flowers and leaves about, and here and there a little bird concealed in a cage in the paper foliage.
As cabarets go, it was not bad, although I could imagine how wild it might become in the evening or on special occasion.
"That Dr. Harris interests me," remarked Kennedy across the table at us. "We must get something in writing from him in some way. And then there's that girl in the office, too. She seems to be right in with all these people here."
Evidently the cabaret had little of interest to Miss Kendall, who, after a glance that took in the whole dining-room and disclosed none there in the gay crowd who, as far as we could see, had any relation to the case, seemed bored.
Craig noticed it and at once rose to go.
As we passed out and into the corridor, Miss Kendall turned and whispered, "Look over at the desk--Dr. Harris."
Sure enough, chatting with the stenographer was a man with one of those black bags which doctors carry. He was a young man in appearance, one of those whom one sees in the White Light District, with unnaturally bright eyes which speak of late hours and a fast pace. He wore a flower in his buttonhole--a very fetching touch with some women. Debonair, dapper, dashing, his face was not one readily forgotten. As we passed hurriedly I observed that he had torn open the note and had thrown the envelope, unsuspectingly, into the basket.
VII
THE GANG LEADER
With the arrest of Dopey Jack, it seemed as if all the forces of the gang world were solidified for the final battle.
Carton had been engaged in a struggle with the System so long that he knew just how to get action, the magistrates he could depend on, the various pitfalls that surrounded the snaring of one high in gangland, the judges who would fix bail that was prohibitively high.
As he had anticipated and prepared for, every wire was pulled to secure the release of Rubano. But Carton was fortunate in having under him a group of young and alert assistants. It took the combined energies of his office, however, to carry the thing through and Kennedy and I did not see Carton again for some time.
Meanwhile we were busy gathering as much information as we could about those who were likely to figure in the case. It was remarkable, but we found that the influence of Dorgan and Murtha was felt in the most unexpected quarters. People who would have talked to us on almost any other subject, absolutely refused to become mixed up in this affair. It was as though the System practised terrorism on a large scale.
Late in the afternoon we met in Carton's office, to compare notes on the progress made during the day.
The District Attorney greeted us enthusiastically.
"Well," he exclaimed as he dropped into his big office chair, "this has been a hard day for me--but I've succeeded."
"How?" queried Kennedy.
"Of course the newspapers haven't got it yet," pursued Carton, "but it happened that there was a Grand Jury sitting and considering election cases. It went hard, but I made them consider this case of Dopey Jack. I don't know how it happened, but I seem to have succeeded in forcing action in record time. They have found an indictment on the election charges, and if that falls through, we shall have time to set up other charges against him. In fact we are 'going to the mat,' so to speak, with this case."
The office telephone rang and after a few sentences of congratulation, Carton turned to us, his spirits even higher than before. "That was one of my assistants," he explained, "one of the cleverest. The trial will be before Judge Pomeroy in General Sessions and it will be an early trial. Pomeroy is one of the best of them, too--about to retire, and wants to leave a good record on the bench behind him. Things are shaping up as well as we could wish for."
The door opened and one of Carton's clerks started to announce the name of a visitor.
"Mr. Carton, Mr.--"
"Murtha," drawled a deep voice, as the owner of the name strode in, impatiently brushing aside the clerk. "Hello, Carton," greeted the Sub-boss aggressively.
"Hello, Murtha," returned Carton, retaining his good temper and seeing the humour of the situation, where the practice of years was reversed and the mountain was coming to Mahomet. "This is a little--er--informal--but I'm glad to see you, nevertheless," he added quietly. "Won't you sit down? By the way, meet Mr. Kennedy and Mr. Jameson. Is there anything I can do for you?"
Murtha shook hands with us suspiciously, but did not sit down. He continued to stand, his hat tilted back over his head and his huge hands jammed down into his trousers pockets.
"What's this I hear about Jack Rubano, Carton?" he opened fire. "They tell me you have arrested him and secured an indictment."
"They tell the truth," returned Carton shortly. "The Grand Jury indicted Dopey Jack this afternoon. The trial---"
"Dopey Jack," quoted Murtha in disgusted tones. "That's the way it is nowadays. Give a dog a bad name--why,--I suppose this bad name's going to stick to him all his life, now. It ain't right. You know, Carton, as well as I do that if they charged him with just plain fighting and got him before a jury, all you would have to say would be, 'Gentlemen, the defendant at the bar is the notorious gangster, Dopey Jack.' And the jurors wouldn't wait to hear any more, but'd say, 'Guilty!' just like that. And he'd go up the river for the top term. That's what a boy like that gets once the papers give him such an awful reputation. It's fierce!"
Carton shook his head. "Oh, Murtha," he remonstrated with just a twinkle in his eye, "you don't think I believe that sort of soft stuff, do you? I've had my eye on this 'boy'--he's twenty-eight, by the way--too long. You needn't tell me anything about his respectable old father and his sorrowing mother and weeping sister. Murtha, I've been in this business too long for that heart throb stuff. Leave that to the lawyers the System will hire for him. Let's cut that out, between ourselves, and get down to brass tacks."
It was a new and awkward role for Murtha as suppliant, and he evidently did not relish it. Aside from his own interest in Dopey Jack, who was one of his indispensables, it was apparent that he came as an emissary from Dorgan himself to spy out the land and perhaps reach some kind of understanding.
He glanced about at us, with a look that broadly hinted that he would prefer to see Carton alone. Carton made no move to ask us to leave and Kennedy met the boss's look calmly. Murtha smothered his rage, although I knew he would with pleasure have had us stuck up or blackjacked.
"See here, Carton." he blurted out at length, approaching the desk of the District Attorney and lowering his big voice as much as he was capable, "can't we reach some kind of agreement between ourselves? You let up on Rubano--and--well, I might be able to get some of my friends to let up on Carton. See?"
He was conveying as guardedly as he could a proposal that if the District Attorney would consent to turn his back while the law stumbled in one of the numerous pitfalls that beset a criminal prosecution, the organization would deliver the goods, quietly pass the word along to knife its own man and allow Carton to be re-elected.
I studied Carton's face intently. To a man of another stripe, the proposal might have been alluring. It meant that although the organization ticket won, he would, in the public eye at least, have the credit of beating the System, of going into office unhampered, of having assured beyond doubt what was at best only problematical with the Reform League.
Carton did not hesitate a moment. I thought I saw in his face the same hardening of the lines of his features in grim determination that I had seen when he had been talking to Miss Ashton. I knew that, among other things, he was thinking how impossible it would be for him ever to face her again in the old way, if he sold out, even in a negative way, to the System.
Murtha had shot his huge face forward and was peering keenly at the man before him.
"You'll--think it over?" he asked.
"I will not--I most certainly will not," returned Carton, for the first time showing exasperation, at the very assumption of Murtha. "Mr. Murtha," he went on, rising and leaning forward over the desk, "we are going to have a fair election, if I can make it. I may be beaten--I may win. But I will be beaten, if at all, by the old methods. If I win--it will be that I win--honestly."
A half sneer crossed Murtha's face. He neither understood nor cared to understand the kind of game Carton played.
"You'll never get anything on that boy," blustered Murtha. "Do you suppose I'm fool enough to come here and make a dishonest proposition--here--right in front of your own friends?" he added, turning to us. "--I ain't asking any favours, or anything dishonest. His lawyers know what they can do and what you can do. It ain't because I care a hang about you, Carton, that I'm here. If you want to know the truth, it's because you can make trouble, Carton,--that's all. You can't convict him, in the end, because--you can't. There's nothing 'on' him. But you can make trouble. We'll win out in the end, of course."
"In other words, you think the Reform League has you beaten?" suggested Carton quietly.
"No," ejaculated Murtha with an oath. "We don't know--but maybe YOU have us beaten. But not the League. We don't want you for District Attorney, Carton. You know it. But here's a practical proposition. All you have to do is just to let this Rubano case take its natural course. That's all I ask."
He dwelt on the word "natural" as if it were in itself convincing. "Why," he resumed, "what foolishness it is for you to throw away all your chances just for the sake of hounding one poor fellow from the East Side. It ain't right, Carton,--you, powerful, holding an important office, and he a poor boy that never had a chance and has made the most of what little nature gave him. Why, I've known that boy ever since he hardly came up to my waist. I tell you, there ain't a judge on the bench that wouldn't listen to what we can show about him--hounded by police, hounded by the District Attorney, driven from pillar to post, and---"
"You will have a chance to tell the story in court," cut in Carton. "Pomeroy will try the case."
"Pomeroy?" repeated Murtha in a tone that quite disguised the anger he felt that it should come up before the one judge the System feared and could not control. "Now, look here, Carton. We're all practical men. Your friend--er--Kennedy, here, he's practical."
Murtha had turned toward us. He was now the Murtha I had heard of before, the kind that can use a handshake or a playful slap on the back, as between man and man, to work wonders in getting action or carrying a point. Far from despising such men as Murtha, I think we all rather admired his good qualities. It was his point of view, his method, his aim that were wrong. As for the man himself he was human--in fact, I often thought far more human than some of the reformers.
"I'll leave it to Kennedy," he resumed. "Suppose you were running a race. You knew you were going to win. Would you deliberately stop and stick your foot out, in order to trip up the man who was coming in second?"
"I don't know that the cases are parallel," returned Kennedy with an amused smile.
Murtha kept his good nature admirably.
"Then you would stick your foot out--and perhaps lose the race yourself?" persisted Murtha.
"I'll relieve Kennedy of answering that," interrupted Carton, "not because I don't think he can do it better than I can, perhaps, but because this is my fight--my race."
"Well," asked Murtha persuasively, "you'll think it over, first, won't you?"
Carton was looking at his opponent keenly, as if trying to take his measure. He had some scheme in mind and Kennedy was watching the faces of both men intently.
"This race," began Carton slowly, in a manner that showed he wanted to change the subject, "is different from any other in the politics of the city as either of us have ever known it, Murtha."
Murtha made as though he would object to the proposition, but Carton hurried on, giving him no chance to inject anything into the conversation.
"It may be possible--it is possible," shot out the young District Attorney, "to make use of secret records--conversations--at conferences--dinners--records that have been taken by a new invention that seems to be revolutionizing politics all over the country."
The look that crossed Murtha's face was positively apoplectic. The veins in his forehead stood out like whipcords.
He started to speak, but choked off the words before he had uttered them. I could almost read his mind. Carton had said nothing directly about the Black Book, and Murtha had caught himself just in time not to betray anything about it.
"So," he shouted at last, "you are going to try some of those fine little scientific tricks on us, are you?"
He was pacing up and down the room, storming and threatening by turns.
"I want to tell you, Carton," pursued Murtha, "that you're up against a crowd who were playing this game before you were born. You reformers think you are pretty smooth. But we know a thing or two about you and what you are doing. Besides," he leaned over the desk again, "Carton, there ain't many men that can afford to throw stones. I admit my life hasn't been perfect--but, then I ain't posing as any saint. I don't mind telling you that the organization, as you call it, is looking into some of the things that you reformers have done. It may be that some of your people--some of the ladies," he insinuated, "don't look on life in the broad-minded way that some of the rest do. Mind you--I ain't making any threats, but when it comes to gossip and scandal and mud-slinging--look out for the little old organization--that's all!"
Carton had set his tenacious jaw. "You can go as far as you like, Murtha," was all he said, with a grim smile.
Murtha looked at him a moment, then his manner changed.
"Carton," he said in a milder tone, at length, "what's the use of all this bluffing? You and I understand each other. These men understand--life. It's a game--that's what it is--a game. Sometimes one move is right, sometimes another. You know what you want to accomplish here in this city. I show you a way to do it. Don't answer me," persisted Murtha, raising a hand, "just--think it over."
Carton had taken a step forward, the tense look on his face unchanged. "No," he exclaimed, and we could almost hear his jaw snap as if it had been a trap. "No--I'll not think it over. I'll not yield an inch. Dopey Jack goes to trial before election."
As Carton bit off the words, Murtha became almost beside himself with rage and chagrin. He was white and red by turns. For a moment I feared that he might do Carton personal violence.
"Carton," he ground out, as he reached the door, "you will regret this."
"I hope not," returned the other summoning with a mighty effort at least the appearance of suavity. "Good-bye."
The only answer was the vicious slam which Murtha gave the door.
As the echo died, the District Attorney turned to us. "Apparently, then, Dorgan did not secure the Black Book," was all he said, "even supposing Dopey Jack planned and executed that robbery of Langhorne."
VIII
THE SHYSTER LAWYER
That's a declaration of war," remarked Kennedy, as Carton resumed his seat at the desk unconcernedly after the stormy ending of the interview with Murtha.
"I suppose it is," agreed the District Attorney, "and I can't say that I am sorry."
"Nor I," added Craig. "But it settles one thing. We are now out in what I call the 'open' investigation. They have forced us from cover. We shall have to be prepared to take quick action now, whatever move they may make."
Together we were speculating on the various moves that the System might make and how we might prepare in advance for them.
Evidently, however, we were not yet through with these indirect dealings with the Boss. The System was thorough, if nothing else, and prompt. We had about decided to continue our conference over the dinner table in some uptown restaurant, when the officer stationed in the hall poked his head in the door and announced another visitor for the District Attorney.
This time the entrance was exactly the opposite to the bluster of Murtha. The man who sidled deferentially into the room, a moment after Carton had said he would see him, was a middle-sized fellow, with a high, slightly bald forehead, a shifty expression in his sharp ferret eyes, and a nervous, self-confident manner that must have been very impressive before the ignorant. "My name is Kahn," he introduced himself. "I'm a lawyer."
Carton nodded recognition.
Although I had never seen the man before, I recollected the name which Miss Kendall had mentioned. He was one of the best known lawyers of the System. He had begun his career as an "ambulance chaser," had risen later to the dignity of a police court lawyer, and now was of the type that 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 who practises in an unprofessional or tricky manner. Kahn was all that--and still more. If he had been less successful, he would have been the black sheep of the overcrowded legal flock. Ideals he had none. His claws reached out to grab the pittance of the poverty-stricken client as well as the fee of the wealthy. He had risen from hospitals to police courts, coroner's court, and criminal courts, at last attaining the dignity of offices opposite an entrance to the criminal courts building, from which vantage point his underlings surveyed the scene of operations like vultures hovering over bewildered cattle.
Carton knew him. Kahn was the leader among some score of men more or less well dressed, of more or less evil appearance, who are constantly prowling from one end to the other of the broad first floor of the criminal courts building during the hours of the day that justice is being administered there.
These are the shyster lawyers and their runners and agents who prey upon the men and women whom misfortune or crime have delivered into the hands of the law. Others of the same species are wandering about the galleries on other floors of the building, each with a furtive eye for those who may be in trouble themselves or those who seem to be in need of legal assistance for a relative or friend in trouble.
Perhaps the majority of lawyers practising in the courts are reputable to the highest degree, and many of the rest merely to a safe degree. Many devote themselves to philanthropic work whenever a prisoner is penniless. But the percentage of shysters is high. Kahn belonged in the latter class, although his days of doing dirty work himself were passed. He had a large force of incipient shysters for that purpose. As for himself, he handled only the big cases in which he veneered the dirty work by a sort of finesse.
Kahn bowed and smiled ingratiatingly. "Mr. Carton," he began in a conciliatory tone, "I have intruded on your valuable time in the interest of my client, Mr. Jack Rubano."
"Huh!" grunted Carton. "So they've retained you, have they, Ike?" he mused familiarly, closely regarding the visitor.
Kahn, far from resenting the familiarity, seemed rather to enjoy it and take it as his due measure of fame.
"Yes, Mr. Carton, they have retained me. I have just had a talk with the 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 for the present until he exposed his hand.
"He has told me all about his case," pursued Kahn evenly. "It is not such a bad case. I can tell you that, Mr. Carton, because I didn't have to resort to the 'friend of the judge' gag in order to show him that he had a good chance."
Kahn looked knowingly at Carton. At least he was frank about his own game before us; in fact, utterly shameless, it seemed to me. Probably it was because he knew it was no use, that Carton had no illusions about him. Still, there was an uncanny bravado about it all. Kahn was indeed very successful in making the worst appear the better reason. He knew 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 as he talked was hitching it closer and closer, for men of Kahn's stamp seem unable to talk without getting into almost personal contact with those with whom they are talking. Carton drew back and folded his hands back of his head as he listened, still silent.
"You know, Mr. Carton," he insinuated, "it is a very different thing to be sure in your own mind that a man is guilty from being able to prove it in court. There are all sorts of delays that may be granted, witnesses are hard to hold together, in fact there are many difficulties 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 just using that as a preface to what I have to say."
He took another hitch of the chair nearer Carton and lowered his voice impressively. "The point, sir, at which I am driving is simply this. There must be some way in which we can reach an agreement, compromise this case, satisfactorily to the people with a minimum of time and expense--some way in which the indictment or the pleadings can be amended so that it can be wound up and--you understand--both of us win--instead of dragging it out and perhaps you losing the case in the end."
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 into his very mind.
"No," added the District Attorney, "Murtha was just here, and I may as well repeat what I said to him--although I might fairly assume that he went from this room directly across the street to your office and that you know it already. This case has gone too far, it has too many other ramifications 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 while at such a critical time for yourself to waste energies on a case when there are so many more profitable things that you could do. The fact is that I would be the last one to propose anything that was not open and above board and to our mutual advantage. There must be some way in which we can reach an agreement which will be satisfactory to all parties in interest, sir."
"Kahn," repeated Carton a little testily, "how often must I repeat to you and your people that I am NOT going to compromise this case in any shape, form, or manner? I am going to fight it out on the lines I have indicated 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 as public prosecutor in the office to which I have been already elected. Otherwise, it would be a poor recommendation to the people to return me to the same position. No, you are merely wasting your time and ours talking compromise."
Kahn had been surveying Carton keenly, now and then taking a shifty glance at Kennedy and myself.
As Carton rapped out the last words, as if in the nature of an ultimatum, Kahn gazed at him in amazement. Here was a man whom he knew he could neither bribe, bully, or bulldoze.
"You must consider this, too," he added pointedly. "There has been a good deal of mud-slinging in this campaign. We may find it necessary to go back into the antecedents and motives of those who represent the people 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 voluntarily placed himself in the open and in a position from which he could not retreat. Evidently, now, he was willing to force the fight, if the other side would accept the issue. It meant much to him but he did not balk 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 smooth to let his temper rise, as Murtha had. By the same token I fancied him a more dangerous opponent. There was something positively uncanny about his assurance.
Kahn rose slowly. "Then it is war--without quarter?" asked Kahn shrewdly.
"War--without quarter," repeated Carton positively.
He withdrew quietly, with an almost feline tread, quite in contrast with the bluster of Murtha. I felt for the first time a sort of sinking sensation, as I began to realize the varied character of the assault that was preparing.
Not so, Carton and Kennedy. It seemed that every event that more clearly defined our position and that of our opponents added zest to the fight for them. And I had sufficient confidence in the combination to know that their feelings were justified.
Carton silently pulled down and locked the top of his desk, then for a moment we debated where we should dine. We decided on a quiet hotel uptown and, leaving word where we could be found, hurried along for the first real relaxation and refreshment after a crowded day's work.
If, however, we thought we could escape even for a few minutes we were mightily mistaken. We had not fairly done justice to the roast when a boy 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 he returned after a long absence, he pushed aside the now cold roast and joined 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 to other tactics. It looks as if they had in some way, probably from some corrupt official of the court or employee in charge of the jury list, obtained a copy of the panel which Justice Pomeroy has summoned for the case."
"It ought to be a simple thing to empanel another set of talesmen and let 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 try to catch Kahn with the goods. It would be great to catch one of these clever fellows trying to 'fix' the jury, as well as intimidate witnesses, as he already hinted himself."
"Just the thing," exclaimed Carton, whose keen sense of proportion showed what a valuable political asset such a coup would make in addition to its effect on the case.
"We'll get Kahn right, if we have a chance," planned Craig. "You are acquainted more or less with his habits, I suppose. Where does Kahn hang out? Most fellows like him have a sort of Amen Corner where they meet their henchmen, issue orders, receive reports and carry on business that wouldn't do for an office downtown."
"Why, I believe he goes to Farrell's--has an interest in the place, I think."
Farrell's, we recognized, as a rather well-known all-night cafe which managed to survive the excise vicissitudes by dint of having no cabaret or entertainment.
We finished the dinner in silence, Kennedy turning various schemes over in his mind, and rejecting them one after another.
"There's nothing we can do immediately, I suppose," he remarked at length. "But if you and Carton care to come up to the laboratory with me, I might in time of peace prepare for war. I have a little apparatus up there which I think may fit in somehow and if it does, Mr. Kahn's days of jury fixing are numbered."
A few minutes later, we found ourselves in Kennedy's laboratory, where he had gathered together an amazing collection of paraphernalia in the warfare of science against crime which he had been waging during the years that I had known him.
Carton looked about in silent admiration. As for myself, although one might have thought it was an old story with me, I had found that no sooner had I become familiar with one piece of apparatus to perform one duty, than another situation, entirely different and unprecedented in our cases arose which called for another, entirely new. I had learned to have implicit confidence in Kennedy's ability to meet each new emergency with something fully capable of solving the problem.
From a cabinet, Kennedy took out what looked like the little black leather box of a camera, with, however, a most peculiar looking lens.
IX
THE JURY FIXER
"Let's visit Farrell's," remarked Craig, after looking over the apparatus and slinging it over his shoulder.
It was early yet, and the theatres were not out, so that there were comparatively few people in the famous all-night cafe. We entered the bar cautiously and looked about. Kahn at least was not there.
In the back of this part of the cafe were several booths, open to conform to the law, yet sufficiently screened so that there was at least a little privacy.
Above the booths was a line of transoms.
"What's back there?" asked Kennedy, under his breath.
"A back room," returned Carton.
"Perhaps Kahn is there," Craig suggested. "Walter, you're the one whom he would least likely recognize. Suppose you just stick your head in the door and look about as quietly as you can."
I lounged back, glanced at the records of sporting events posted on the wall at the end of the bar, then, casually, as if looking for someone, swung the double-hinged door that led from the bar into the back room.
The room was empty except for one man, turned sidewise to the door, reading a paper, but in a position so that he could see anyone who entered. I had not opened the door widely enough to be noticed, but I now let it swing back hastily. It was Kahn, pompously sipping something he had ordered.
"He's back there," I whispered to Kennedy, as I returned, excitedly motioning toward one of the transoms over the booths back of which Kahn was seated.
"Right there?" he queried.
"Just about," I answered.
A moment later Kennedy led the way over to the booth under the transom and we sat down. A waiter hovered near us. Craig silenced him quickly with a substantial order and a good-sized tip.
From our position, if we sat well within the booth, we were effectually hidden unless someone purposely came down and looked in on us. We watched Kennedy curiously. He had unslung the little black camera-like box and to it attached a pair of fine wires and a small pocket storage battery which he carried.
Then he looked up at the transom. It was far too high for us to hear through, even if those in the back room talked fairly loud. Standing on the leather wall seats of the booth to listen or even to look over was out of the question, for it would be sure to excite suspicion among the waiters, or the customers who were continually passing in and out of the place.
Kennedy was watching his chance, and when the cafe emptied itself after being deluged between the acts from a neighbouring theatre, he jumped up quickly in the seat, stood on his toes and craned his neck through the diagonally opened transom. Before any of the waiters, who were busy clearing up the results of the last theatre raid, had a chance to notice him, Craig had slipped the little black box into the shadow of the corner.
From it dangled down the fine wires, not noticeable.
"He's sitting just back of us yet," reported Kennedy. "I don't know about that flaming arc light in the middle of the room, but I think it will be all right. Anyhow, we shall have to take a chance. It looks to me as if he were waiting for someone--didn't it to you, Walter?"
I nodded acquiescence.
"He has wasted no time in getting down to work," put in Carton, who had been a silent spectator of the preparations of Kennedy. "What's that thing you put on the ledge up there--a detectaphone?"
Kennedy smiled. "No--they're too clever to do any talking, at least in a place like this, I'm afraid," he said, carefully hiding the wires and the battery beside him in the shadow of the corner of the booth. "It may be that nothing will happen, anyhow, but if it does we can at least have the satisfaction of having tried to get something. Carton, you had better sit as far back in the booth as I am. The longer we can stay here unnoticed the better. Let Walter sit on the outside."
We changed places.
"Lawyers have been complaining to me lately," remarked Carton in a well modulated voice, "about jury fixing. Some of them say it has been going on on a large scale and I have had several of my county detectives working on it. But they haven't landed anything yet,--except rumours, like this one about the Dopey Jack jury. I've had them out posing as jurymen who could be 'approached' and would arrange terms for other bribable jurymen."
"And you mean to say that that's going on right here in this city?" I asked, scenting a possible newspaper story.
"This campaign I have started," he replied, "is only the beginning of our work in breaking up the organized business of jury bribing. I mean to put an end to the work of what I have reason to believe is a secret ring of jury fixers. Why, I understand that the prices for 'hanging' a jury range all the way from five to five hundred dollars, or even higher in an important case. The size of the jury fixer's 'cut' depends upon the amount the client is willing to pay for having his case made either a disagreement or a dismissal. Usually a bonus is demanded for a dismissal in criminal cases. But such things are very difficult to--"
"Sh!" I cautioned, for from my vantage point I saw two men approaching.
They saw me in the booth, but not the rest of us, and turned to enter the next one. Though they were talking in low tones, we could catch words and phrases now and then, which told us that we ourselves would have to be very careful about being overheard.
"We've got to be careful," one of them remarked in a scarcely audible undertone. "Carton has detectives mingling with the talesmen in every court of importance in the city."
The reply of the other was not audible, but Carton leaned over to us and whispered, "One of Kahn's runners, I think."
Apparently Kahn was taking extreme precautions and wanted everything in readiness so that whatever was to be done would go off smoothly. Kennedy glanced up at the little black leather box perched high above on the sill of the partition.
"The chief says that a thousand dollars is the highest price that he can afford for 'hanging' this jury--providing you get on it, or any of your friends."
The other man, whose voice was not of the vibrating, penetrating quality of the runner, seemed to hesitate and be inclined to argue.
"We've had 'em as low as five dollars," went on the runner, at which Carton exchanged a knowing glance with us. "But in a special case, like this, we realize that they come high."
The other man grumbled a bit and we could catch the word, "risky."
Back and forth the argument went. The runner, however, was a worthy representative of his chief, for at last he succeeded in carrying both his point and his price.
"All right," we heard him say at last, "the chief is in the back room. Wait until I see whether he is alone."
The runner rose and went around to the swinging door. From the other side of the transom we could, as we had expected, hear nothing. A moment later the runner returned.
"Go in and see him," he whispered.
The man rose and made his way through the swinging door into the back room.
None of us said a word, but Kennedy was literally on his toes with excitement. He was holding the little battery in his hand and after waiting a few moments pressed what looked like a push button.
He could not restrain his impatience longer, but had jumped up on the leather seat and for a moment looked at the black leather box, then through the half open transom, as best he could.
"Press it--press it!" he whispered to Carton, pointing at the push button, as he turned a little handle on the box, then quickly dropped down and resumed his seat.
"Craig--one of the waiters," I cried hurriedly.
The outside bar had been filling up as the evening advanced and the sight of a man standing on one of the seats had attracted the attention of a patron. A waiter had followed his curious gaze and saw Kennedy.
With a quick pull on the wire, Kennedy jerked the black leather box from its high perch and deftly caught it as it fell.
"Say--what are youse guys doin', huh?" demanded the waiter pugnaciously.
Carton and I had risen and stood between the man and Craig.
The sound of voices in high pitch was enough to attract a crowd ever ready to watch a scrap. Mindful of the famous "flying wedge" of waiters at Farrell's for the purpose of hustling objectionable and obstreperous customers with despatch to the sidewalk, I was prepared for anything.
The runner who was sitting alone in the next booth, leaned out and gazed around the corner into ours.
"Carton!" he shouted in a tone that could have been heard on the street.
The effect of the name of the District Attorney was magical. For the moment, the crowd fell back. Before the tough waiters or anyone else could make up their minds just what to do, Kennedy, who had tucked the box into his capacious side pocket, took each of us by the arm and we shoved our way through the crowd.
The head waiter followed us to the door, but offered no resistance. In fact no one seemed to know just what to do and it was all over so quickly that even Kahn himself had not time to get a glimpse of us through the swinging door.
A moment later we had piled into a taxicab at the curb and were speeding through the now deserted streets uptown to the laboratory.
Kennedy was jubilant. "I may have almost precipitated a riot," he chortled, "but I'm glad I stood up. I think it must have been at the psychological moment."
At the laboratory he threw off his coat and prepared to plunge into work with various mysterious pans of chemicals, baths, jars, and beakers.
"What is it?" asked Carton, as Kennedy carefully took out the dark leather box, shielding it from the glare of a mercury vapour light.
"A camera with a newly-invented electrically operated between-lens shutter of great illumination and efficiency," he explained. "It has always been practically impossible to get such pictures as I wanted, but this new shutter has so much greater speed than anything else ever invented before, that it is possible to use it in this sort of detective work. I've proved its speed up to one two-thousandth of a second. It may or may not have worked, but if it has we've caught someone, right in the act."
Kennedy had a "studio" of his own which was quite equal to the emergency of developing the two pictures which he had taken with the new camera.
Late as it was, we waited for him to finish, just as we would have waited down in the Star office if one of our staff photographers had come in with something important.
At last Kennedy emerged from his workshop. As he did so, he slapped down two untoned prints.
Both were necessarily indistinct owing to the conditions under which they had had to be taken. But they were quite sufficient for the purpose.
As Carton bent over the second one, which showed Kahn in the very act of handing over a roll of bills to the rather anemic man whom his runner had brought to him, Carton addressed the photograph as if it had been Kahn himself.
"I have you at last," he cried. "This is the end of your secret ring of jury fixers. I think that will about settle the case of Kahn, if not of Dopey Jack, when we get ready to spring it. Kennedy, make another set of prints and let me lock them in a safe deposit vault. That's as precious to me as if it were the Black Book itself!"
Craig laughed. "Not such a bad evening's work, after all," he remarked, clearing things up. "Do you realize what time it is?"
Carton glanced perfunctorily at his watch. "I had forgotten time," he returned.
"Yes," agreed Craig, "but to-morrow is another day, you know. I don't object to staying up all night, or even several nights, but there doesn't seem to be anything more that we can do now, and it may be that we shall need our strength later. This is, after all, only a beginning in getting at the man higher up."
"The man highest up," corrected Carton, with elation as we parted on the campus, Kennedy and I to go to our apartment.
"See you in the morning, Carton," bade Kennedy. "By that time, no doubt, there will be some news of the Black Book."
We arrived at our apartment a few minutes later. On the floor was some mail which Kennedy quickly ran over. It did not appear to be of any importance--that is, it had no bearing on the case which was now absorbing our attention.
"Well, what do you think of that?" he exclaimed as he tore open one diminutive letter. "That was thoughtful, anyhow. She must have sent us that a few minutes after we left headquarters."
He handed me an engraved card. It was from Miss Ashton, inviting us to a non-partisan suffrage evening at her studio in her home, to be followed by a dance.
Underneath she had written a few words of special invitation, ending, "I shall try to have some people there who may be able to help us in the Betty Blackwell matter."
X
THE AFTERNOON DANCE
It was early the following morning that I missed Kennedy from our apartment. Naturally I guessed from my previous experiences with that gentleman that he would most likely be found at his laboratory, and I did not worry, but put the finishing touches on a special article for the Star which I had promised for that day and had already nearly completed.
Consequently it was not until the forenoon that I sauntered around to the Chemistry Building. Precisely as I had expected, I found Kennedy there at work.
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The Ear in the WallChapter III: Part 3
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