The jury did not agree. They
stood nine for conviction and three for acquittal
when the court met in the morning, and there being
no prospect of an agreement, they were discharged.
It was looked upon as a victory for
the defence, but only because a conviction had been
generally expected. As it was the case had to
be tried over again.
Upon leaving the court-room, Littell
accompanied me to my office, for he was anxious to
secure some little delay before the next trial and
wished to see the District Attorney regarding it.
He said he needed time to recuperate and his appearance
bore this out, for I had never seen him look so fagged
or dejected.
We found the District Attorney in
his office in conversation with his associate and
the Inspector. He greeted Littell very cordially
and congratulated him upon his conduct of his case;
but Littell, after only a word of acknowledgment,
hastened on to the subject of his visit. He asked
for at least a month’s interval before the next
trial, and urged in support thereof his need of rest
and change.
The request was readily acceded to,
in spite of some objection from the Inspector, who
was evidently chagrined over the failure of the State’s
case.
“I suppose, Littell,”
the District Attorney said quizzically, as we were
leaving, “you also want time to hunt up some
evidence to support that very interesting personal
account of the murder you gave to the jury!”
but Littell replied with some abruptness, I thought,
that the only defect in his theory of the case was
that it lacked the evidence of an eye-witness to prove
it, which was also lacking upon the part of the State.
“It is all a matter of deduction
from circumstances,” he added, “and I
think mine were fully as reasonable and likely as yours.”
“Yes,” replied the District
Attorney, “three of the twelve jurors apparently
agreed with you,” which created a laugh, but
Littell evidently was not in the humor for badinage
and made no rejoinder, and we withdrew to my private
office.
There we found Miles in waiting.
We told him of the date fixed for the next trial,
and Littell added that it might afford him opportunity
to secure some additional evidence.
“Of what kind?” the detective asked.
“Any kind,” he replied, “that will
throw doubt upon the State’s case.”
“Why not hunt for the real criminal?”
Miles inquired.
“Do you think you can find him?” Littell
asked.
“I can try,” was the reply.
“Well,” Littell said,
“I am going away and will not return for a time,
so you and Dallas can have a free hand in the meantime
to follow your own course, but for myself I don’t
think you will accomplish much on that line.”
The detective made no answer, and
I inquired of Littell when he thought of going and
learning it would probably be the next day, suggested
he dine with me at the club that evening, and added,
as the idea occurred to me: “I will ask
Davis and Van Bult too. We would all like to see
something of you before you go.”
He accepted the invitation, and as
he prepared to leave us looked towards Miles, but
the latter had his back to us, and was absently turning
over the pages of a book on the table.
After Littell was gone, I waited for
Miles to make known the business that had brought
him, but he remained absorbed in a brown study.
At length, to recall his attention,
I inquired if he had any definite plans for the course
he meant to pursue, adding that I agreed with him
in his determination to try and find the real criminal,
and that I did not believe it could be so difficult
as Littell seemed to judge.
He shook his head. “It
will be difficult, I have no doubt,” he said,
“but still I think perhaps I can do it.”
“Tell me your plans,” I urged, my interest
aroused.
He hesitated and seemed embarrassed.
“I think, if you don’t mind, I would rather
you would leave it all to me just now,” he said
at length.
I was too surprised to make any immediate
reply. This man, whom heretofore I had found
subservient to my every suggestion, was now prepared
apparently to assume the leadership and relegate me
to the background. “But,” I said,
when I had recovered from my astonishment, “do
you expect me to abandon the case altogether?”
“Not at all,” he hastened
to explain; “I only wish you to leave the work
of the next few days to me. It is peculiarly in
my line, and besides I do not think you would find
it agreeable. Leave it to me,” he urged,
“and I will report all results to you as soon
as possible, and after that I will be guided entirely
by you in the matter.”
He was evidently in earnest and so
serious over it that I offered no further objection,
though I was somewhat humiliated at what I deemed his
lack of confidence in me. When he had left me,
I puzzled over his strange conduct, but as I could
make nothing of it wisely determined to resign myself
to the inevitable and make the most of the respite
this forced inaction would grant me.
After I had despatched notes to Van
Bult and Davis, asking them to dinner, and had attended
to some routine duties, I made the first use of my
freedom by leaving my office and devoting the afternoon
to a long horse-back ride. It was a glorious
winter’s day, cold and sparkling, and full of
sunshine, and I drew in deep lungs full of the bracing
air as I directed my way leisurely towards the Park.
Once clear of the stones, I gave the
horse his head and with an eager bound he had stretched
out into a gallop. As we went speeding along
through the country for mile after mile, it seemed
to me that I had never felt anything so fine as this
gallop. After my long siege of worry and work
it was like a tonic to my mind and body and with every
stride of the horse I seemed to get stronger and brighter.
I could feel the blood coursing through
my veins, while my mental faculties were stirred into
renewed vigor, and I began to realize into what a
rut I had gotten and how morbid had become my state
of mind, and I was content to accept the dictum of
Miles and to put the case and all its gruesome details
away from me.
When at length, wearied with the rapid
pace and my horse giving signs of laboring, I pulled
him down to a walk and settled with a feeling of tired
comfort in the saddle, the buoyancy of youth had reasserted
itself in me and I felt at peace with the world.
I had turned about and was well on
my way toward home again, given over to pleasant thoughts
about lighter things, when I overtook and passed a
woman riding by herself. I scarcely noticed her
and would have continued on without giving her a second
thought if I had not heard my name called after me.
I stopped and looked back and, to my surprise, recognized
Belle Stanton.
She was approaching me slowly, patting
the neck of her horse, that was a little restive under
her, and her manner betokened no consciousness of
anything unusual in her salute. For a moment I
was doubtful of the accuracy of my hearing, for I
scarcely knew her, if it could be said I knew her
at all, the chance meeting at the trial furnishing
the only excuse for acquaintanceship; but my doubts
were dispelled by her friendly little nod as she came
up with me.
Evidently she considered the acquaintance
legitimate enough for informality, even if I did entertain
some doubts on the subject. She looked well in
her riding habit and sat her horse gracefully, and
as she swayed in her saddle, looked at me with a merry
challenge in her eyes.
“You had rather ride with me
than ride alone, had you not?” she asked demurely,
and I obediently wheeled my horse beside hers, as I
assured her the encounter was welcome; and while we
rode on together, she told me she had wanted to know
me for a long time, and that she felt we were old
friends, though this had been our first real meeting,
and many other such things that a man likes to hear
a pretty woman say even though he knows she is fooling
him.
“Don’t you think,”
she said, “that people sometimes feel they are
going to like each other before they have ever met?”
and she laid her hand gently on my arm and looked
up for my answer.
I have since tried to defend myself
for the weakness of that moment in which I was near
being recreant to the memory of a friend, but I know
in my heart that there was no excuse for me except
it be the witchery of the woman and the charm of the
occasion. She was pretty awfully pretty and
she knew all too well how to attract men, and then,
too, the time and place were in her favor.
The winter’s day was in its
last twilight, the moon was already filling the wayside
with light that made shadows on the snow, and through
the long avenue of trees that stretched before us
no one was in sight, we two were alone. As I
felt the caressing touch and looked into the fair
face lifted to mine, I forgot all else in the intoxication
of the moment, and responding impulsively leaned down
to meet her glance and would have been guilty of what
foolishness I know not, had her woman’s mood
not changed in time to save me.
With a laugh she rapped me over the
fingers with her whip and, spurring her horse, was
gone from my reach in a moment. No man altogether
likes the sensation of having been played with, and
as I galloped after her I made up my mind not to let
myself be again distracted by her wiles, but when
I should have overtaken her to make the most of my
opportunity to learn anything more she might know
about the death of White.
When she had tired of the fun of leading
me a long and not very dignified chase, she pulled
up and waited for me to rejoin her, remarking casually
as I did so that I seemed to have a “good steady
horse.”
“Yes,” I replied, rather
sharply I fear, for I was out of breath and humor,
“and a fast one when I think it worth while to
call on him.” She looked him over carelessly
as she replied: “I thought he was doing
his best just now; he seems a little blown, does he
not?”
I deigned no reply to this and there
were prospects of our ride being finished in silence,
for if I intended to sulk she evidently meant to let
me. Such a course, however, was not calculated
to accomplish my purpose and as we were nearing the
city again, I determined to introduce the subject
I had in mind.
“It is strange,” I said,
“is it not, that you and I should both be connected
so closely with the circumstances of Arthur White’s
death?”
She looked up surprised and evidently
none too well pleased with the unexpected change in
my tone.
“I don’t know why you
should say that,” she answered, “I had
nothing to do with Mr. White’s death.”
“No, nor had I directly,”
I replied; “but I was at his house the night
of his death and he was at yours.”
“You may have been at his house,”
she answered, “but I do not know that he was
at mine.”
“But he left his ulster there,” I insisted.
“His ulster was left there,”
she said, changing my phraseology; then she stopped
and hesitated; “but let us talk of something
else,” she concluded, “for the subject
makes me sad,” and I discerned a little tremor
in her voice that I thought was genuine.
Sometimes a woman like Belle Stanton
may grieve, though she must not show it, and I was
sorry for her, but I meant to persevere in my purpose,
nevertheless.
“I do not wish to make you feel
badly,” I tried to say gently, “but I
want to learn all I can about Arthur’s death
and if you know any more than you have yet disclosed,
I wish you would tell it to me.”
She looked away, as if determining
something before answering, and then asked what reason
I had for thinking she knew anything more than she
had told at the trial. For reply, I quoted to
her Van Bult’s words:
“You will find it is through
Belle Stanton that you must trace the criminal.”
“Who said that?” she asked quickly.
I told her.
“Oh! it was Van Bult, was it?
Well, you may find he was mistaken,” and her
tone betokened indifference.
“Do you then know nothing at
all that can help us in the case?” I inquired.
She stopped her horse, for we had reached the Fifty-ninth
Street entrance, and wheeling him so that she faced
me, said:
“I know very little more than
I have told, probably nothing of any importance, but
if you will come and see me sometime, I will help you,
if I can”; but I was impatient and urged her
to tell me at once what she knew.
“No,” she replied, “you
must leave me here and if you wish to learn more you
will have to come and see me,” and turning her
horse she waved her hand to me and rode away.
I sat looking after her just a moment
debating over what she had said and then hastened
home, for it was approaching my dinner hour, but the
first thing I did on entering the club was to write
a line to Miles.
“Stanton knows more than she
has told,” I said. “Find out what
it is.” And then I made my preparations
for dinner.
At eight o’clock I was in the
reception-room awaiting the arrival of my guests,
and as I surveyed myself in the long mirror, I felt
a thrill of pleasure at finding myself again a part
of the social world.
After all there are two sides to life the
serious and the gay and we must mingle
them to get the most out of it. For a long time
now I had known the serious side, but the release
from the service on the case and the ride and encounter
of the afternoon had awakened in me a longing for
the brighter side that I had no disposition to deny.
When Davis entered with his cheery
way and cordial greeting I was more than usually glad
to see him and we fell as readily into our accustomed
easy intercourse as though it had never been interrupted
by a tragedy. A few minutes later Littell and
Van Bult appeared and our party was complete.
I advanced to Littell as he appeared,
eager to welcome him, but he had stopped on the threshold
and while rolling a cigarette between his deft fingers
was inquiring casually of Davis concerning the latest
bit of social scandal as if he had no more serious
thought in the world. A few hours had sufficed
to remove every sign of care and fatigue that I had
observed in the morning.
Van Bult in the meanwhile had sauntered
over to the fireside, and, leaning on the mantle,
was looking from one to the other of us with that
rare smile that helped to make him so attractive.
I was proud of my friends as I stood
in their midst and reflected that it would be hard
to find three better dressed, better appearing men
than those. They were gentlemen, all of them,
not by assertion or imitation, but because it was
inherent in them. And the atmosphere they created
was reposeful and agreeable.
When dinner was announced, we adjourned
to the private dining-room I had reserved and were
received by my old servitor, Brown, standing ceremoniously
at the door, and I think he was as pleased as any one
over the reunion. His bow to each of us as he
passed the frosted martinis was almost a salaam, and
no dish was served till it had passed under his critical
eye, and no bottle uncorked till he had tried its temperature
with solicitous touch.
We were a pleasant party of old friends
together as we sat down that night, with mutual interests
and associations to talk over, and the conversation
drifted from one topic to another, in easy sequence.
The boyish gayety of Davis was infectious,
and drew out the brightest side of Van Bult’s
nature, though in the sober tone habitual to him,
while Littell’s side fire of cynical, humorous
comment gave a keener edge and point to all that was
said.
After the coffee and the cigars had
been brought and Brown had retired, our talk took
a more serious turn and eventually passed to the subject
of the trial, which by tacit understanding had been
avoided before. I would very willingly have let
things continue as they had been and have ignored
the subject altogether, but it was not to be.
It was evidently on all minds and would not be avoided.
Some one referred to it and immediately all else lost
interest. The witnesses and their evidence; the
bearing of the prisoner; the division of the jury,
and the arguments of counsel, were each discussed
in turn; till finally Davis, in his irreverent way,
inquired of Littell if he flattered himself the jury
had believed the fairy tale he had told them.
“So you think it was a fairy
tale I told the jury, do you, Ned?” Littell
said. “Well, it may have been, but I have
known truth as strange.”
“Do you mean to say,”
Van Bult inquired, “that you believe the statement
you made to the jury to be the true explanation of
the murder?”
“I do,” Littell answered.
“But if that were so, it might
put the crime upon some man we know,” Van Bult
continued, “possibly even a friend and you cannot
think that?”
“Why not?” Littell asked;
“it would not be the first time a man of intelligence
and social prominence had done such a thing. You
can never tell what a man is capable of till he has
been tried. Very few men, I admit you,”
he went on, “commit great crimes, but that is
not always because they are too good for it; it is
sometimes only because the fatal occasion does not
arise for them and sometimes because the men themselves
are not equal to the occasion. The man who has
once committed a murder,” he continued, reflectively,
while we all listened intently, “is no worse
in nature, necessarily, after than before the deed,
and no more dangerous to society, that is if he is
a man of intelligence; because he has done it once
is no reason that he will do it again, any more than
the fact that he has never done it is an assurance
that he never will. There are worse offences
than murder, too; a man may kill another man, and
yet not cheat at cards or talk about a woman.”
He paused, but no one said anything and he went on
in the same dispassionate tone: “There
are men of wealth and position in this city, men respected
and sought after, not a few, who would kill if the
occasion were great enough; it is only a matter of
measure with them; and it is among such men you must
look for Arthur White’s murderer.”
When he concluded there was an expression
of horror upon Davis’s face and I was repelled
even while fascinated by this cold-blooded analysis
of my fellow-men’s nature and motives, but I
recognized there was a degree of truth in it, nevertheless.
It was Van Bult who continued the conversation.
“I do not agree with you,”
he said, “and I do not believe you mean what
you say; I know the pessimistic view you affect to
take of human nature, and I know, too, the real charity
you feel for it in your heart.” Van Bult
spoke warmly, but Littell received the tribute with
a shrug as he held his glass up to the light and judged
critically its color.
“Have your way,” he said,
“but if the time ever comes when my words are
verified, remember I said them.”
“Perhaps we may not have to
wait very long for the truth about this case,”
I now said, “for Miles thinks he has discovered
a new clue and is hard at work upon it and I happened
upon something this afternoon that may help him.”
“What was that?” Davis
inquired, but I did not think it worth while to go
into the details of my meeting with Belle Stanton and
did not answer.
“The case is too much for such
as Miles to solve, I think,” Littell said, and
then looking at me added, “You might do better,
Dick, but I am not sure the job would repay you.”
“I would willingly undertake
it, nevertheless,” I answered, “if I only
knew where to begin.”
“If there is any truth in Littell’s
words, it might lead you to very unpleasant consequences,”
Van Bult here suggested.
I was reflecting over his words, when
Littell, reading my thoughts, added:
“If you do continue your investigation
of this case, and it does lead to some man you know,
what will you do?”
“I can do but one thing,”
I answered, “give that man to justice.”
“And if he should be friend, what then?”
Such a contingency had never occurred
to me before, but in the trend of the conversation
it seemed a possibility, and I felt its awful responsibility.
“Give it up, Dick,” advised
Davis; “Littell is only dissecting you morally,
and the idea is too absurd to talk about, much less
to accept seriously”; but I saw the others were
waiting for my decision, and I would not evade it.
“I would still do the same,” I answered.
“Do you think it would be really
worth while or your duty, to do such a thing?”
Littell asked. “Winters will probably be
acquitted; White is past helping, and what could be
gained by offering up a friend as a sacrifice?”
“Nothing,” I answered, “but the
demands of the law.”
He leaned over and put his hand on my shoulder.
“Dick,” he said, “you
are a strange fellow with more than your share of
conscientiousness, but even with you there must be
a point where duty ceases and human nature asserts
itself. Would you, if it were one of us three,
your friends, upon whom you fixed this crime, give
him over to the gallows?”
“I refuse to answer,” I said.
“But you would do it!” Van Bult asserted,
and I did not dispute him.
“I am going home,” Davis
broke in. “I have had enough of this; you
fellows can go on hanging one another all night, if
you choose, but I won’t have a hand in it,”
and he pushed his chair back from the table.
The laugh that followed relieved the
tension, and we prepared to break up.
“Let us have a last drink together
before we go out,” Littell said, and following
his example, we all rose and filled our glasses.
“The toast?” Van Bult asked.
“Failure to Dallas,” said Littell, and
I could not refuse to join them.
To change the tenor of our thoughts,
I asked Littell if he had definitely decided about
his trip.
“Yes,” he replied, “I
shall go to Florida, to-morrow, but will be back in
time to receive any revelations you may have to make.”
“Better take him with you,”
said Davis. “He is hardly good company,
but it will keep him out of harm.”
“Why not go?” Van Bult
urged. “It will do you good you
need rest even more than Littell.”
“No,” I said, “I will stay here.”
By this time we had reached the front
door and no one seemed disposed to linger. Though
our little dinner had begun auspiciously and full of
promise of a pleasant evening, its ending had been
rather melancholy and I knew they all felt so and,
try as they would, could not throw the weight off.
Somehow or other, this death of White seemed fated
to bring us all constant trouble.
Davis and Van Bult nodded me a farewell
as they went away, but Littell held out his hand and,
as I took it, said earnestly, almost affectionately:
“Your fidelity to your purpose
may prove to your sorrow, Dick, but I respect you
for it, and I wish some of us could be more like you.”
“It is you that I would be like,” I answered
him.
“Good-night,” he said, and joined the
others as they crossed the square.
As I stood for a moment, looking after
their retreating forms, I saw again the detective
I had seen shadowing Winters the day I had met him
by White’s house.