It was possible that the Oriental might have held evidence against him and threatened to divulge it. James, with the fear of death in his heart, might have gone each day into the apartment where the man was lurking, taking to him food and newspapers. They might have quarreled. The strained tendons of Cunningham's arm could be accounted for a good deal more readily on the hypothesis of a bit of expert jiu-jitsu than on that of a fall downstairs. There were pieces in the puzzle Kirby could not fit into place. One of them was to find a sufficient cause for driving Horikawa to conceal himself when there was no evidence against him of the crime.
The time element was tremendously important in the solution of the mystery of Cunningham's death. Kirby had studied this a hundred times. On the back of an envelope he jotted down once more such memoranda as he knew or could safely guess at. Some of these he had to change slightly as to time to make them dovetail into each other.
8.45. Uncle J. leaves City Club.
8.55. Uncle J. reaches rooms.
8.55- 9.10. Gets slippers, etc. Smokes.
8.55- 9.20. Olson watching from W. fire escape.
9.10- 9.30. Hulls in Apt.
9.30- 9.40. X.
9.37- 9.42. Approximately time Olson heard shot.
9.20- 9.42. Olson busy on roof, with rope, etc. Then at
window till 9.53.
9.40- 9.53. James in Apt.
9.44- 9.50. Jack and Phyllis in Apt.
9.55-10.05. Wild Rose in rooms.
10.00. I reach rooms.
10.20. Meet Ellis.
10.25. Call police.
That was the time schedule as well as he had been able to work it out. It was incomplete. For instance, he had not been able to account for Horikawa in it at all unless he represented X in that ten minutes of time unaccounted for. It was inaccurate. Olson was entirely vague as to time, but he could be checked up pretty well by the others. Hull was not quite sure of his clock, and Rose could only say that she had reached the Paradox "quite a little after a quarter to ten." Fortunately his own arrival checked up hers pretty closely, since she could not have been in the room much more than five minutes before him. Probably she had been even less than that. James could not have left the apartment more than a minute or so before Rose arrived. It was quite possible that her coming had frightened him out.
So far as the dovetailing of time went, there was only the ten minutes or less between the leaving of the Hulls and the appearance of James left unexplained. If some one other than those mentioned on his penciled memoranda had killed Cunningham, it must have been between half-past nine and twenty minutes to ten. The X he had written in there was the only possible unknown quantity. By the use of hard work and common sense he had eliminated the rest of the time so far as outsiders were concerned.
Kirby put the envelope in his pocket and went out to get some luncheon.
"I'll call it a mornin'," he told himself with a smile.
CHAPTER XXXIX
KIRBY INVITES HIMSELF TO A RIDE
The Twin Buttes man had said he would call it a morning, but he carried with him to the restaurant the problem that had become the pivot of all his waking thoughts. He had an appointment to meet a man for lunch, and he found his guest waiting for him inside the door.
The restaurant was an inconspicuous one on a side street. Kirby had chosen it for that reason. The man who stepped into the booth with him and sat down on the opposite seat was Hudson, the clerk whom James had accused of losing the sheets of paper with the Japanese writing.
"I've got it at last," he said as soon as he was alone. "Thought he never would go out and leave the key to the private drawer inside the safe. But he left the key in the lock—for just five minutes—while Miss Harriman came to see him about something this morning. He walked out with her to the elevator. I ducked into his office. There was the key in the drawer, and in the drawer, right at the bottom under some papers, I found what I wanted."
He handed to Kirby the sheets of paper found in the living-room of the apartment where Horikawa had been found dead.
The cattleman looked them over and put them in his pocket. "Thought he wouldn't destroy them. He daren't. There might come a time when the translation of this writing would save his life. He couldn't tell what the Jap had written, but there might be a twist to it favorable to him. At the same time he daren't give it out and let any one translate it. So he'd keep it handy where nobody could get at it but himself."
"I reckon that just about evens the score between me and Mr. James Cunningham," the clerk said vindictively. "He bawled me out before a whole roomful of people when he knew all the time I hadn't lost the papers. I stood it, because right then I had to. But I've dug up a better job and start in on it Monday. He's been claiming he was so anxious to get these sheets back to you. Well, I hope he's satisfied now."
"He had no right to keep 'em. They weren't his. I'll have 'em translated, then turn the sheets over to the police if they have any bearing on the case. Of course they may be just a private letter or something of that sort."
The clerk went on to defend himself for what he had done. Cunningham had treated him outrageously. Besides, they weren't his papers. He had no business to hold back evidence in a murder case because it did not suit him to have it made public. Didn't Mr. Lane think he had done right in taking the papers from the safe when he had a chance?
Mr. Lane rather dodged the ethics of the case of Hudson. He had, of course, instigated the theft of the papers. He was entitled to them. James had appropriated them by a trick. Besides, it was a matter of public and private justice that the whole Cunningham mystery be cleared up as soon as possible. But he was not prepared to pass on Hudson's right to be the instrument in the case. The man was, of course, a confidential employee of the oil broker. There was one thing to be said in his favor. Kirby had not offered him anything for what he had done nor did he want anything in payment. It was wholly a gratuitous service.
The cattleman had made inquiries. He knew of a Japanese interpreter used in the courts. Foster had recommended him as entirely reliable. To this man Kirby went. He explained what he wanted. While the Japanese clerk read in English the writing to him and afterward wrote out on a typewriter the translation of it, Kirby sat opposite him at the table to make sure that there was no juggling with the original document.
The affair was moving to its climax. Within a few hours now Kirby expected to see the murderer of his uncle put under arrest. It was time to take the Chief of Police into his confidence. He walked down Sixteenth toward the City Hall.
At Curtis Street the traffic officer was semaphoring with energetic gesture the east and west bound vehicles to be on their way. Kirby jaywalked across the street diagonally and passed in front of an electric headed south. He caught one glimpse of the driver and stood smiling at the door with his hat off.
"I want to see you just a minute, Miss Harriman. May I come in?"
Her long, dark eyes flashed at him. The first swift impulse was to refuse. But she knew he was dangerous. He knew much that it was vital to her social standing must not be published. She sparred for time.
"What do you want?"
He took this as an invitation and whipped open the door.
"Better get out of the traffic," he told her. "Where we can talk without being disturbed."
She turned up Fifteenth. "If you have anything to say," she suggested, and swept her long-lashed eyes round at him with the manner of delicate disdain she held at command.
"I've been wonderin' about somethin'," he said. "When James telephoned my uncle, on the evenin' he was killed, that you an' he were on the way to his rooms, he said you were together; but James reached there alone, you an' Jack arrivin' a few minutes later. Did James propose that he go first?"
The young woman did not answer. But there was no longer disdain in her fear-filled eyes. She swung the car, as though by a sudden impulse, to the left and drove to the building where the older James Cunningham had had his offices.
"If
you want to ask me questions you'd better ask them before Jack," she said as she stepped out.
"Suits me exactly," he agreed.
Her lithe, long body moved beside him gracefully, its every motion perfectly synchronized. In her close-fitting, stylish gown she was extremely handsome. There was a kind of proud defiance in the set of her oval jaw, as though even in the trouble that involved her she was a creature set apart from others.
"Mr. Lane has a question he wants to ask you, Jack," she said when they were in the inner office.
Kirby smiled, and in his smile there were friendliness and admiration.
"First off, I have to apologize for some things I said two days ago.
I'll eat humble pie. I accused you of somethin'. You're not the man,
I've found out."
"Yes?" Jack, standing behind his desk in the slim grace of well-dressed youth, watched him warily.
"We've found out at last who the man is."
"Indeed!" Jack knew that Esther McLean had been found by her friends and taken away. No doubt she had told them her story. Did the cattleman mean to expose James before the woman he knew to be his wife? That wouldn't be quite what he would expect of Lane.
"Incidentally, I have some news for you. One of your uncle's stenographers, a Miss McLean, has just been married to a friend of mine, the champion rough rider. Perhaps you may have heard of him. His name is Cole Sanborn."
Jack did not show the great relief he felt. "Glad to hear it," he said simply.
"Did we come here to discuss stenographers?" asked the young woman with a little curl of the lip. "You mentioned a question, Mr. Lane. Hadn't we better get that out of the way?"
Kirby put to Jack the same query he had addressed to her.
"What's the drift of this? What do you want to prove?" Jack asked curtly.
The eyes in the brown face plunged deep into those of Jack Cunningham. "Not a thing. I've finished my case, except for a detail or two. Within two hours the murderer of Uncle James will be arrested. I'm offerin' you a chance to come through with what you know before it's too late. You can kick in if you want to. You can stay out if you don't. But don't say afterward I didn't give you a chance."
"What kind of a chance are you giving me? Let's get clear on that. Are you proposing I turn state's evidence on James? Is that what you're driving at?"
"Did James kill Uncle James?"
"Of course he didn't, but you may have it in that warped mind of yours that he did."
"What I think doesn't matter. All that will count is the truth. It's bound to come out. There are witnesses that saw you come to the Paradox, a witness that actually saw you in uncle's rooms. If you don't believe me, I'll tell you somethin'. When you an' Miss Harriman came into the room where my uncle had been killed, James was sittin' at the desk lookin' over papers. A gun was lyin' close by his hand. Miss Harriman nearly fainted an' you steadied her."
Miss Harriman, or rather Mrs. James Cunningham, nearly fainted again. She caught at the back of a chair and stood rigid, looking at Kirby with dilated, horror-filled eyes.
"He knows everything—everything. I think he must be the devil," she murmured from bloodless lips.
Jack, too, was shaken, badly. "For God's sake, man, what do you know?" he asked hoarsely.
"I know so much that you can't safely keep quiet any longer. The whole matter is goin' to the police. It's goin' to them this afternoon. What are you goin' to do? If you refuse to talk, then it will be taken to mean guilt."
"Why should it go to the police? Be reasonable, man. James didn't do it, but he's in an awful hole. No jury on earth would refuse to convict him with the evidence you've piled up. Can't you see that?"
Kirby smiled. This time his smile was grim. "I ought to know that better than you. I'll give you two hours to decide. Meet you at James's office then. There are some things we want to talk over alone, but I think Miss Harriman had better be there ready to join us when we send for her."
"Going through with this, are you?"
"I'm goin' through in spite of hell and high water."
Jack strode up and down the room in a stress of emotion. "You're going to ruin three lives because you're so pigheaded or because you want your name in the papers as a great detective. Is there anything in the world we can do to head you off?"
"Nothin'. And if lives are ruined it's not my fault. I'll promise this: The man or woman I point to as the one who killed Uncle James will be the one that did it. If James is innocent, as you claim he is, he won't have it saddled on him. Shall I tell you the thing that's got you worried? Down in the bottom of your heart you're not dead sure he didn't do it—either one of you."
The young woman took a step toward Kirby, hands outstretched in dumb pleading. She gave him her soft, appealing eyes, a light of proud humility in them.
"Don't do it!" she begged. "He's your own cousin—and my husband. I love him. Perhaps there's some woman that loves you. If there is, remember her and be merciful."
His eyes softened. It was the first time he had seen her taken out of her selfishness. She was one of those modern young women who take, but do not give. At least that had been his impression of her. She had specialized, he judged, in graceful and lovely self-indulgence. A part of her code had been to get the best possible bargain for her charm and beauty, and as a result of her philosophy of life time had already begun to enamel on her a slight hardness of finish. Yet she had married James instead of his uncle. She had risked the loss of a large fortune to follow her heart. Perhaps, if children came, she might still escape into the thoughts and actions that give life its true value.
A faint, sphinxlike smile touched his face. "No use worryin'. That doesn't help any. I'll go as easy as I can. We'll meet in two hours at James's office."
He turned and left the room.
CHAPTER XL
THE MILLS OF THE GODS
Kirby Lane did not waste the two hours that lay before the appointment he had made for a meeting at the office of his cousin James. He had a talk with the Hulls and another with the Chief of Police. He saw Olson and Rose McLean. He even found the time to forge two initials at the foot of a typewritten note on the stationery of James Cunningham, and to send the note to its destination by a messenger.
Rose met him by appointment at the entrance to the Equitable Building
and they rode up in the elevator together to the office of his cousin.
Miss Harriman, as she still called herself in public, was there with
Jack and her husband.
James was ice-cold. He bowed very slightly to Rose. Chairs were already placed.
For a moment Kirby was embarrassed. He drew James aside. Cunningham murmured an exchange of sentences with his wife, then escorted her to the door. Rose was left with the three cousins.
"I suppose Jack has told you of the marriage of Esther McLean," Kirby said as soon as the door had been closed.
James bowed, still very stiffly.
Kirby met him, eye to eye. He spoke very quietly and clearly. "I want to open the meetin' by tellin' you on behalf of this young woman an' myself that we think you an unmitigated cur. We are debarred from sayin' so before your wife, but it's a pleasure to tell you so in private. Is that quite clear?"
The oil broker flushed darkly. He made no answer. "You not only took advantage of a young woman's tender heart. You were willin' our dead uncle should bear the blame for it. Have you any other word than the one I have used to suggest as a more fittin' one?" the Wyoming man asked bitingly.
Jack answered for his brother. "Suppose we pass that count of the indictment, unless you have a practical measure to suggest in connection with it. We plead guilty."
There wag a little gleam of mirth in Kirby's eyes. "You an' I have discussed the matter already, Jack. I regret I expressed my opinion so vigorously then. We have nothin' practical to suggest, if you are referrin' to any form of compensation. Esther is happily married, thank God. All we want is to make it perfectly plain what we think of Mr
. James Cunningham."
James acknowledged this and answered. "That is quite clear. I may say that I entirely concur in your estimate of my conduct. I might make explanations, but I can make none that justify me to myself."
"In that case we may consider the subject closed, unless Miss McLean has something to say."
Kirby turned to Rose. She looked at James Cunningham, and he might have been the dirt under her feet. "I have nothing whatever to say, Kirby. You express my sentiments exactly."
"Very well. Then we might open the door and invite in Miss Harriman. There are others who should be along soon that have a claim also to be present."
"What others?" asked Jack Cunningham.
"The other suspects in the case. I prefer to have them all here."
"Any one else?"
"The Chief of Police."
James looked at him hard. "This is not a private conference, then?"
"That's a matter of definitions. I have invited only those who have a claim to be present," Kirby answered.
"To my office, I think."
"If you prefer the Chief's office we'll adjourn an' go there."
The broker shrugged. "Oh, very well."
Kirby stepped to the door connecting with an outer office and threw it open. Mr. and Mrs. Hull, Olson, and the Chief of Police followed Phyllis Harriman into the room. More chairs were brought in.
The Chief sat nearest the door, one leg thrown lazily across the other. He had a fat brown cigar in his hand. Sometimes he chewed on the end of it, but he was not smoking. He was an Irishman, and as it happened open-minded. He liked this brown-faced young fellow from Wyoming—never had believed him guilty from the first. Moreover, he was willing his detective bureau should get a jolt from an outsider. It might spur them up in future.
"Chief, is there anything you want to say?" Kirby asked.
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