Kelly.
He told his story with unhurried evenness, his eyes never wavering or clouding. A deliberate man, though unlucky.
“I was walkin’ my beat that night, an’ as I turned the corner of Jones into Pine I saw a man jump back from the steps of a buildin’ into the vestibule. A burglar, I thought, an’ cat-footed it down there. It was a dark vestibule, an’ deep, an’ I saw somethin’ that looked like a man in it, but I wasn’t sure.
‘”Come out o’ there!’ I called, but there was no answer. I took my gun in my hand an’ started up the steps. I saw him move just then, comin’ out. An’ then my foot slipped. It was worn smooth, the bottom step, an’ my foot slipped. I fell forward, the gun went off, an’ the bullet hit him. He had come out a ways by then, an’ when the bullet hit him he toppled over frontwise, tumblin’ clown the steps onto the sidewalk.
“When I looked at him I saw it was Gilmore. I knew him to say ‘howdy’ to, an’ he knew me – which is why he must o’ ducked out of sight when he saw me comin’ around the corner. He didn’t want me to see him comin’ out of a buildin’ where I knew Mr. Tennant lived, I suppose, thinkin’ I’d put two an’ two together, an’ maybe talk.
“I don’t say that I did the right thing by lyin’, but it didn’t hurt anybody. It was an accident, but he was a man with a lot of friends up in high places, an’ – accident or no – I stood a good chance of bein’ broke, an’ maybe sent over for a while. So I told my story the way you people know it. I couldn’t say I’d seen anything suspicious without maybe puttin’ the blame on some innocent party, an’ I didn’t want that. I’d made up my mind that if anybody was arrested for the murder, an’ things looked bad for them, I’d come out an’ say I’d done it. Home, you’ll find a confession all written out – written out in case somethin’ happened to me – so nobody else’d ever be blamed. “That’s why I had to say I’d never seen the lady here. I did see her – saw her go into the buildin’ that night – the buildin’ Gilmore had come out of. But I couldn’t say so without makin’ it look bad for her; so I lied. I could have thought up a better story if I’d had more time, I don’t doubt, but I had to think quick. Anyways, I’m glad it’s all over.”
KELLY AND the other uniformed policeman had left the office, which now held McTighe, O’Gar, Cara Kenbrook, Tennant, and me. Tennant had crossed to my side, and was apologising.
“I hope you’ll let me square myself for this evening’s work. But you know how it is when somebody you care for is in a jam. I’d have killed you if I had thought it would help Cara – on the level. Why didn’t you tell us that you didn’t suspect her?”
“But I did suspect the pair of you,” I said. “It looked as if Kelly had to be the guilty one; but you people carried on so much that I began to feel doubtful. For a while it was funny – you thinking she had done it, and she thinking you had, though I suppose each had sworn to his or her innocence. But after a time it stopped being funny. You carried it too far.”
“How did you rap to Kelly?” O’Gar, at my shoulder, asked.
“Miss Kenbrook was walking north on Leavenworth – and was halfway between Bush and Pine – when the shot was fired. She saw nobody, no cars, until she rounded the corner. Mrs. Gilmore, walking north on Jones, was about the same distance away when she heard the shot, and she saw nobody until she reached Pine Street. If Kelly had been telling the truth, she would have seen him on Jones Street. He said he didn’t turn the corner until after the shot was fired.
“Either of the women could have killed Gilmore, but hardly both; and I doubted that either could have shot him and got away without running into Kelly or the other. Suppose both of them were telling the truth – what then? Kelly must have been lying! He was the logical suspect anyway – the nearest known person to the murdered man when the shot was fired.
“To back all this up, he had let Miss Kenbrook go into the apartment building at three in the morning, in front of which a man had just been killed, without questioning her or mentioning her in his report. That looked as if he knew who had done the killing. So I took a chance with the empty-shell trick, it being a good bet that he would have thrown his away, and would think that -“
McTighe’s heavy voice interrupted my explanation.
“How about this assault charge?” he asked, and had the decency to avoid my eye when I turned toward him with the others.
Tennant cleared his throat.
“Er-ah – in view of the way things have turned out, and knowing that Miss Kenbrook doesn’t want the disagreeable publicity that would accompany an affair of this sort, why, I’d suggest that we drop the whole thing.” He smiled brightly from McTighe to me. “You know nothing has gone on the records yet.”
“Make the big heap play his hand out,” O’Gar growled in my ear. “Don’t let him drop it.”
“Of course if Miss Kenbrook doesn’t want to press the charge,” McTighe was saying, watching me out of the tail of his eye, “I suppose -“
“If everybody understands that the whole thing was a plant,” I said, “and if the policemen who heard the story are brought in here now and told by Tennant and Miss Kenbrook that it was all a lie – then I’m willing to let it go at that. Otherwise, I won’t stand for a hush-up.”
“You’re a damned fool!” O’Gar whispered. “Put the screws on them!”
But I shook my head. I didn’t see any sense in making a lot of trouble for myself just to make some for somebody else – and suppose Tennant proved his story…
So the policemen were found, and brought into the office again, and told the truth.
And presently Tennant, the girl, and I were walking together like three old friends through the corridors toward the door, Tennant still asking me to let him make amends for the evening’s work.
“You’ve got to let me do something!” he insisted. “It’s only right!”
His hand dipped into his coat, and came out with a thick billfold.
“Here,” he said, “let me -“
We were going, at that happy moment, down the stone vestibule steps that lead to Kearny Street – six or seven steps there are.
“No,” I said, “let me -“
He was on the next to the top step, when I reached up and let go.
He settled in a rather limp pile at the bottom.
Leaving his empty-faced lady love to watch over him, I strolled up through Portsmouth Square toward a restaurant where the steaks come thick.
THE SECOND-STORY ANGEL
Carter Brigham – Carter Webright Brigham in the tables of contents of various popular magazines – woke with a start, passing from unconsciousness into full awareness too suddenly to doubt that his sleep had been disturbed by something external.
The moon was not up and his apartment was on the opposite side of the building from the street – lights; the blackness about him was complete – he could not see so far as the foot of his bed.
Holding his breath, not moving after that first awakening start, he lay with straining eyes and ears. Almost at once a sound – perhaps a repetition of the one that had aroused him – came from the adjoining room: the furtive shuffling of feet across the wooden floor. A moment of silence, and a chair grated on the floor, as if dislodged by a careless shin. Then silence again, and a faint rustling as of a body scraping against the rough paper of the wall.
Now Carter Brigham was neither a hero nor a coward, and he was not armed. There was nothing in his rooms more deadly than a pair of candlesticks, and they – not despicable weapons in an emergency – were on the far side of the room from which the sounds came.
If he had been awakened to hear very faint and not often repeated noises in the other room – such rustlings as even the most adept burglar might not avoid – the probabilities are that Carter would have been content to remain in his bed and try to frighten the burglar away by yelling at him. He would not have disregarded the fact that in an encounter at close quarters under these conditions every advantage would lie on the side of the prowler.
But this particular prowler had made quite a lot of noise, had even stumbled against a chair, had shown himself a poor hand at stealthiness. That an inexpert burglar might easily be as dangerous as an adept did not occur to the man in the bed.
Perhaps it was that in the many crook stories he had written, deadliness had always been wedded to skill and the bunglers had always been comparatively harmless and easily overcome, and that he had come to accept this
