by Unknown
"Suspicion fell first on me an' on Hull," Kirby went on. "You've seen it all thrashed out in the papers. I had been unfriendly to my uncle for years, an' I was seen goin' to his rooms an' leavin' them that evening. My own suspicion was directed to Hull, especially when he an' Mrs. Hull at the coroner's inquest changed the time so as to get me into my uncle's apartment half an hour earlier than I had been there. I'd caught them in a panic of terror when I knocked on their door. They'd lied to get me into trouble. Hull had quarreled with Uncle James an' had threatened to go after him with a gun in two days after that time--and it was just forty-eight hours later he was killed. It looked a lot like Hull to me.
"I had one big advantage, Chief, a lot of inside facts not open to you," the cattleman explained. "I knew, for instance, that Miss McLean here had been in the rooms just before me. She was the young woman my uncle had the appointment to meet there before ten o'clock. You will remember Mr. Blanton's testimony. Miss McLean an' I compared notes, so we were able to shave down the time during which the murder must have taken place. We worked together. She gave me other important data. Perhaps she had better tell in her own words about the clue she found that we followed."
Rose turned to the Chief. Her young face flew a charming flag of color. Her hair, in crisp tendrils beneath the edge of the small hat she wore, was the ripe gold of wheat-tips in the shock. The tender blue of violets was in her eyes.
"I told you about how I found Mr. Cunningham tied to his chair, Chief. I forgot to say that in the living-room there was a faint odor of perfume. On my way upstairs I passed in the dark a man and a woman. I had got a whiff of the same perfume then. It was violet. So I knew they had been in the apartment just before me. Mr. Lane discovered later that Miss Harriman used that scent."
"Which opened up a new field of speculation," Kirby went on. "We began to run down facts an' learned that my cousin James had secretly married Miss Harriman at Golden a month before. My uncle had just learned the news. He had a new will made by his lawyer, one that cut James off without a cent an' left his property to Jack Cunningham."
"That will was never signed," Jack broke in quickly.
Kirby looked at Jack and smiled cynically. "No, it was never signed. Your brother discovered that when he looked the will over at Uncle's desk a few minutes after his death."
James did not wink an eye in distress. The hand of the woman sitting beside him went out instantly to his in a warm, swift pressure. She was white to the lips, but her thought was for the man she loved and not for herself. Kirby scored another mark to her credit.
"Cumulative evidence pointed to James Cunningham," continued Kirby. "He tried to destroy the proof of his marriage to Miss Harriman. He later pretended to lose an important paper that might have cleared up the case. He tried to get me to drop the matter an' go back to Wyoming. The coil wound closer round him.
"About this time another factor attracted my attention. I had the good luck to unearth at Dry Valley the man who had written threatenin' letters to my uncle an' to discover that he was stayin' next door to the Paradox the very night of the murder. More, my friend Sanborn an' I guessed he had actually been on the fire escape of the Wyndham an' seen somethin' of importance through the window. Later I forced a statement from Olson. He told all he had seen that night."
Kirby turned to the rancher from Dry Valley and had him tell his story. When he had finished, the cattleman made comment.
"On the face of it Olson's story leaves in doubt the question of who actually killed my uncle. If he was tellin' the whole truth, his evidence points either to the Hulls or my cousin James. But it was quite possible he had seen my uncle tied up an' helpless, an' had himself stepped through the window an' shot him. Am I right, Chief?"
The Chief nodded grimly. "Right, son."
"You told me you didn't think I did it," Olson burst out bitterly.
"An' I tell you so again," Kirby answered, smiling. "I was mentionin' possibilities. On your evidence it lies between my cousin James an' the Hulls. It was the Hulls that had tied him up after Cass Hull knocked him senseless. It was Hull who had given him two days more to live. And that's not all. Not an hour an' a half ago I had a talk with Mrs. Hull. She admitted, under pressure, that she returned to my uncle's apartment again to release him from the chair. She was alone with him, an' he was wholly in her power. She is a woman with a passionate sense of injury. What happened then nobody else saw."
Mrs. Hull opened her yellow, wrinkled lips to speak, but Kirby checked her. "Not yet, Mrs. Hull. I'll return to the subject. If you wish you can defend yourself then."
He stopped a second time to find the logical way of proceeding with his story. The silence in the room was tense. The proverbial pin could have been heard. Only one person in the room except Kirby knew where the lightning was going to strike. That person sat by the door chewing the end of a cigar impassively. A woman gave a strangled little sob of pent emotion.
"I've been leaving Horikawa out of the story," the cattleman went on. "I've got to bring him in now. He's the hinge on which it all swings. The man or woman that killed my uncle killed Horikawa too."
James Cunningham, sitting opposite Kirby with his cold eyes steadily fixed on him, for the first time gave visible sign of his anxiety. It came in the form of a little gulping sound in his throat.
"Cole Sanborn and I found Horikawa in the room where he had been killed. The doctors thought he must have been dead about a day. Just a day before this time Miss McLean an' I met James Cunningham comin' out of the Paragon. He was white an' shaking. He was sufferin' from nausea, an' his arm was badly strained. He explained it by sayin' he had fallen downstairs. Later, I wondered about that fall. I'm still wonderin'. Had he just come out of the apartment where Horikawa was hidin'? Had the tendons of that arm been strained by a jiu-jitsu twist? And had he left Horikawa behind him dead on the bed?"
James, white to the lips, looked steadily at his cousin. "A very ingenious theory. I've always complimented you on your imagination," he said, a little hoarsely, as though from a parched throat.
"You do not desire to make any explanation?" Kirby asked.
"Thanks, no. I'm not on trial for my life here, am I?" answered the oil broker quietly, with obvious irony.
His wife was sobbing softly. The man's arm went round her and tightened in wordless comfort.
From his pocket Kirby drew the envelope upon which he had a few hours earlier penciled the time schedule relating to his uncle's death.
"One of the points that struck me earliest about this mystery was that the man who solved it would have to work out pretty closely the time element. Inside of an hour ten people beside Uncle James were in his rooms. They must 'a' trod on each other's heels right fast, I figured. So I checked up the time as carefully as I could. Here's the schedule I made out. Mebbe you'd like to see it." He handed the envelope to James.
Jack rose and looked over his brother's shoulder. His quick eye ran down the list. "I get the rest of it," he said. "But what does X mean?"
"X is the ten minutes of Uncle's time I can't account for. Some of us were with him practically every other minute. X is the whole unknown quantity. It is the time in which he was prob'ly actually killed. It is the man who may, by some thousandth chance, have stepped into the room an' killed him while none of us were present," explained Kirby.
"If there is such an unknown man you can cut the time down to five minutes instead of ten, providing your schedule is correct," James cut in. "For according to it I was there part of the time and Mrs. Hull part of the rest of it."
"Yes," agreed his cousin.
"But you may have decided that Mrs. Hull is X or that I am," jeered James. "If so, of course that ends it. No need for a judge or jury."
Kirby turned to the man by the door. "Chief, one of the queer things about this mystery is that all the witnesses had somethin' to conceal. Go right through the list, an' it's true of every one of us. I'm talkin' about the important witnesses, of course. Well, Cole an' I fou
nd a paper in the living-room of the apartment where Horikawa was killed. It was in Japanese. I ought to have turned it over to you, but I didn't. I was kinda playin' a lone hand. At that time I didn't suspect my cousin James at all. We were workin' together on this thing. At least I thought so. I found out better later. I took the paper to him to get it translated, thinkin' maybe Horikawa might have written some kind of a confession. James lost that paper. Anyhow, he claimed he did. My theory is that Horikawa had some evidence against him. He was afraid of what that paper would tell."
"Unfortunately for your theory it was a clerk of mine who lost the paper. I had nothing to do with it," James retorted coldly. "No doubt the paper has been destroyed, but not by me. Quite by accident, I judge."
His cousin let off a bomb beneath the broker's feet. "You'll be glad to know that the paper wasn't destroyed," he said. "I have it, with a translation, in my pocket at the present moment."
James clutched the arms of his chair. His knuckles grew white with the strain. "Where--where did you find it?" he managed to say.
"In the most private drawer of your safe, where you hid it," Kirby replied quietly.
Cunningham visibly fought for his composure. He did not speak until he had perfect self-control. Then it was with a sneer.
"And this paper which you allege you found in my safe--after a burglary which, no doubt, you know is very much against the law--does it convict me of the murder of my uncle?"
The tension in the room was nerve-shattering. Men and women suspended breathing while they waited for an answer.
"On the contrary, it acquits you of any guilt whatever in the matter."
Phyllis Cunningham gave a broken little sob and collapsed into her husband's arms. Jack rose, his face working, and caught his brother by the shoulder. These two had suffered greatly, not only because of their fear for him, but because of the fear of his guilt that had poisoned their peace.
James, too, was moved, as much by their love for him as by the sudden relief that had lifted from his heart. But his pride held him outwardly cold.
"Since you've decided I didn't do it, Mr. Lane, perhaps you'll tell us then who did," he suggested presently.
There came a knock at the door.
A whimsical smile twitched at the corners of Kirby's mouth. He did not often have a chance for dramatics like this.
"Why, yes, that seems fair enough," he answered.
"He's knockin' at the door now. Enter X."
CHAPTER XLI
ENTER X
Shibo stood on the threshold and sent a swift glance around the room. He had expected to meet James alone. That first slant look of the long eyes forewarned him that Nemesis was at hand. But he faced without a flicker of the lids the destiny he had prepared for himself.
"You write me note come see you now," he said to Cunningham.
James showed surprise. "No, I think not."
"You no want me?"
The Chief's hand fell on the shoulder of the janitor. "I want you, Shibo."
"You write me note come here now?"
"No, I reckon Mr. Lane wrote that."
"I plenty busy. What you want me for?"
"For the murders of James Cunningham and Horikawa." Before the words were out of his mouth the Chief had his prisoner handcuffed.
Shibo turned to Kirby. "You tellum police I killum Mr. Cunnin'lam and Horikawa?"
"Yes."
"I plenty sorry I no kill you."
"You did your best, Shibo. Took three shots at ten feet. Rotten shooting."
"Do you mean that he actually tried to kill you?" James asked in surprise.
"In the Denmark Building, the other night, at eleven o'clock. And I'll say he made a bad mistake when he tried an' didn't get away with it. For I knew that the man who was aimin' to gun me was the same one that had killed Uncle James. He'd got to worryin' for fear I was followin' too hot a trail."
"Did you recognize him?" Jack said.
"Not right then. I was too busy duckin' for cover. Safety first was my motto right then. No, when I first had time to figure on who could be the gentleman that was so eager to make me among those absent, I rather laid it to Cousin James, with Mr. Cass Hull second on my list of suspects. The fellow had a searchlight an' he flashed it on me. I could see above it a bandanna handkerchief over the face. I'd seen a bandanna like it in Hull's hands. But I had to eliminate Hull. The gunman on the stairs had small, neat feet, no larger than a woman's. Hull's feet are--well, sizable."
They were. Huge was not too much to call them.
As a dozen eyes focused on his boots the fat man drew them back of the rungs of his chair. This attention to personal details of his conformation was embarrassing.
"Those small feet stuck in my mind," Kirby went on. "Couldn't seem to get rid of the idea. They put James out of consideration, unless, of course, he had hired a killer, an' that didn't look reasonable to me. I'll tell the truth. I thought of Mrs. Hull dressed as a man--an' then I thought of Shibo."
"Had you suspected him before?" This from Olson.
"Not of the murders. I had learned that he had seen the Hulls come from my uncle's rooms an' had kept quiet. Hull admitted that he had been forced to bribe him. I tackled Shibo with it an' threatened to tell the police. Evidently he became frightened an' tried to murder me. I got a note makin' an appointment at the Denmark Building at eleven in the night. The writer promised to tell me who killed my uncle. I took a chance an' went." The cattleman turned to Mrs. Hull. "Will you explain about the note, please?"
The gaunt, tight-lipped woman rose, as though she had been called on at school to recite. "I wrote the note," she said. "Shibo made me. I didn't know he meant to kill Mr. Lane. He said he'd tell everything if I didn't."
She sat down. She had finished her little piece.
"So I began to focus on Shibo. He might be playin' a lone hand, or he might be a tool of my cousin James. A detective hired by me saw him leave James's office. That didn't absolutely settle the point. He might have seen somethin' an' be blackmailin' him too. That was the way of it, wasn't it?" He turned point-blank to Cunningham.
"Yes," the broker said. "He had us right--not only me, but Jack and Phyllis, too. I couldn't let him drag her into it. The day you saw me with the strained tendon I had been with him and Horikawa in the apartment next to the one Uncle James rented. We quarreled. I got furious and caught Shibo by the throat to shake the little scoundrel. He gave my arm some kind of a jiu-jitsu twist. He was at me every day. He never let up. He meant to bleed me heavily. We couldn't come to terms. I hated to yield to him."
"And did you?"
"I promised him an answer soon."
"No doubt he came to-day thinkin' he was goin' to get it." Kirby went back to the previous question. "Next time I saw Shibo I took a look at his feet. He was wearin' a pair o' shoes that looked to me mighty like those worn by the man that ambushed me. They didn't have any cap pieces across the toes. I'd noticed that even while he was shootin' at me. It struck me that it would be a good idea to look over his quarters in the basement. Shibo has one human weakness. He's a devotee of the moving pictures. Nearly every night he takes in a show on Curtis Street. The Chief lent me a man, an' last night we went through his room at the Paradox. We found there a flashlight, a bandanna handkerchief with holes cut in it for the eyes, an' in the mattress two thousand dollars in big bills. We left them where we found them, for we didn't want to alarm Shibo."
The janitor looked at him without emotion. "You plenty devil man," he said.
"We hadn't proved yet that Shibo was goin' it alone," Kirby went on, paying no attention to the interruption. "Some one might be usin' him as a tool. Horikawa's confession clears that up."
Kirby handed to the Chief of Police the sheets of paper found in the apartment where the valet was killed. Attached to these by a clip was the translation. The Chief read this last aloud.
Horikawa, according to the confession, had been in Cunningham's rooms sponging and pressing a suit of clothes when
the promoter came home on the afternoon of the day of his death. Through a half-open door he had seen his master open his pocket-book and count a big roll of bills. The figures on the outside one showed that it was a treasury note for fifty dollars. The valet had told Shibo later and they had talked it over, but with no thought in Horikawa's mind of robbery.
He was helping Shibo fix a window screen at the end of the hall that evening when they saw the Hulls come out of Cunningham's apartment. Something furtive in their manner struck the valet's attention. It was in the line of his duties to drop in and ask whether the promoter's clothes needed any attention for the next day. He discovered after he was in the living-room that Shibo was at his heels. They found Cunningham trussed up to a chair in the smaller room. He was unconscious, evidently from a blow in the head.