“Going out on that ledge was dumb,” Harris said.
“The Lieutenant’s inamorata knocked the microphone off,” Payne replied. “No ledge, no tape.”
“The Lieutenant’s what?” Tiny asked.
“I believe the word is defined as ‘doxy, paramour, lover,’” Payne said.
“In other words, ‘hooker’?”
“A hooker, by definition, does it for money,” Payne said. “We can’t even bust this one for that. No money has changed hands. The last I heard, accepting free samples of available merchandise is not against the law. When you think about it, for all we know, it was true love at first sight between the Lieutenant and the inamorata.”
Harris laughed.
“Get out of here, Payne,” Harris said. “You want to take off, Tiny, I’ll stick around until the other guy-what the hell is his name?-gets here.”
“Pederson,” Martinez furnished. “Pederson with a d.”
“I’ll wait. I find this all fascinating.”
“You’re a dirty young man, Tiny,” Payne said. “I’m off.”
FOUR
At just about the same time-9:35 P.M. -Detective Matthew M. Payne left the Bellvue-Stratford Hotel by the rear service entrance and walked quickly, almost trotted, up Walnut Street toward his apartment on Rittenhouse Square, Mr. John Francis “Frankie” Foley walked, almost swaggered, into the Reading Terminal Market four blocks away at Twelfth and Market streets.
Mr. Foley was also twenty-five years of age, but at six feet one inch tall and 189 pounds, was perceptibly larger than Detective Payne. Mr. Foley was wearing a two-toned jacket (reddish plaid body, dark blue sleeves and collar) and a blue sports shirt with the collar open and neatly arranged over the collar of his jacket.
Mr. Foley walked purposefully through the Market, appreciatively sniffing the smells from the various food counters, until he reached the counter of Max’s Cheese Steaks. Waiting for him there, sitting on a high, backless stool, facing a draft beer, a plate of french-fried potatoes, and one of Max’s almost-famous cheese steak sandwiches, was Mr. Gerald North “Gerry” Atchison, who was forty-two, five feet eight inches tall, and weighed 187 pounds.
Mr. Atchison, who thought of himself as a businessman and restaurateur-he owned and operated the Inferno Lounge in the 1900 block of Market Street-and believed that appearances were important, was wearing a dark blue double-breasted suit, a crisp white shirt, a finely figured silk necktie, and well-polished black wing-tip shoes.
Both gentlemen were armed, Mr. Atchison with a Colt Cobra. 38 Special caliber revolver, carried in a belt holster, and Mr. Foley with a. 45 ACP caliber Colt Model 1911A1 semiautomatic pistol that he carried in the waistband of his trousers at the small of his back. Mr. Atchison was legally armed, having obtained from the Sheriff of Delaware County, Pennsylvania, where he maintained his home, a license to carry a concealed weapon for the purpose of personal protection.
Mr. Atchison had told the Chief of Police that he often left his place of business late at night carrying large sums of cash and was concerned with the possibility of being robbed. The Chief of Police knew that the 1900 block of Market Street was an unsavory neighborhood and that Mr. Atchison was not only a law-abiding citizen, but a captain in the Pennsylvania Air National Guard, in which he was himself an officer, and granted the license to carry.
It is extremely difficult in Philadelphia for any private citizen to get a license to carry a concealed weapon, but Philadelphia honors concealed-weapons permits issued by other police jurisdictions. Mr. Atchison, therefore, was in violation of no law for having his pistol.
Mr. Foley, on the other hand, did not have a license to carry a concealed weapon. He had applied for one, with the notion that all the cops could say was “no,” in which case he would be no worse off than he already was. And for a while, it looked as if he might actually get the detective to give him one. The detective he had talked to when he went to fill out the application forms had a USMC Semper Fi! decalcomania affixed to his desk and Frankie had told him he’d been in the Crotch himself, and they talked about Parris Island and Quantico and 29 Palms, and the detective said he wasn’t promising anything because permits were goddamned hard to get approved-but maybe something could be worked out. He told Frankie to bring in his DD-214, showing his weapons qualifications, so a copy of that could be attached to the application; that might help.
Frankie explained that while he would be happy to bring in his Form DD-214, which showed that he had qualified as Expert with the. 45, there was a small problem. A fag had come on to him in a slop chute at 29 Palms, and he had kicked the shit out of him, and what his Form DD-214 said about the character of his release from service was “Bad Conduct,” which was not as bad as “Dishonorable,” but wasn’t like “Honorable” either.
Frankie could tell from the way the detective’s attitude had changed when he told him he’d gotten a “Bad Conduct” discharge from the Crotch that bringing in his DD-214 would be a waste of fucking time, so he never went back.
He was, therefore, by the act of carrying a concealed firearm, in violation of Section 6106 of the Crimes Code of Pennsylvania, and Sections 907 (Possession of Instrument of Crime), and 908 (Possession of Offensive Weapon) of the Uniform Firearms Act, each of which is a misdemeanor of the first degree punishable by imprisonment of not more than five years and/or a fine of not more than $10,000.
Mr. Foley was not concerned with the possible ramifications of being arrested for carrying a concealed weapon. Primarily, he accepted the folklore of the streets of Philadelphia that on your first bust you got a walk, unless your first bust was for something like raping a nun. The prisons were crowded, and judges commonly gave first offenders a talking-to and a second chance, rather than put them behind bars. Frankie had never been arrested for anything more serious than several traffic violations, once for shoplifting, and once for drunk and disorderly.
And even if that were not the case, he trusted Mr. Atchison, who did carry a gun, about as far as he could throw the sonofabitch- what kind of a shitheel would hire somebody to kill his own wife? -and he was not going to be around him anywhere at night without something to protect himself.
More important, the purpose of their meeting was to finalize the details of the verbal contract they had made between themselves, the very planning of which, not to mention the execution, was a far more serious violation of the Crimes Code of Pennsylvania than carrying a gun without a permit.
In exchange for five thousand dollars, half to be paid now at Max’s, and the other half when the job was done, Mr. Foley had agreed to “eliminate” Mrs. Alicia Atchison, Mr. Atchison’s twenty-five-year-old wife, who Mr. Atchison said had been unfaithful to him, and Mr. Anthony J. Marcuzzi, fifty-two, Mr. Atchison’s business partner, who, Mr. Atchison said, had been stealing from him.
Frankie wasn’t sure whether Marcuzzi had really been stealing from the Inferno-it was more likely that Atchison just wanted him out of the way. Maybe he was stealing from Marcuzzi, and was afraid Marcuzzi was catching on-but he was sure that his wife’s fucking around on him wasn’t the reason Atchison wanted her taken care of. Atchison had another broad Frankie knew about, another young one, and probably he figured that since he was having Marcuzzi taken care of, he might as well get rid of them both at once. Or maybe he thought it would look more convincing if she got knocked off when Marcuzzi got it. Or maybe there was insurance on her or something.
But whatever his reasons, it wasn’t because he was really pissed off that she had let somebody get into her pants. Two weeks after Frankie had met Gerry Atchison, before Atchison had talked to him about taking care of his wife and Marcuzzi, he had just about come right out and said that if Frankie wanted to fuck Alicia, that was all right with him.
Frankie had been tempted-Alicia wasn’t at all bad-looking, nice boobs and legs-but had decided against it, as it wasn’t professional. He didn’t want to get involved with somebody he was going to take out.
On his part, Mr. Foley had not been entirely truthful with Mr. Atchison, either. He was not, as he had led Mr. Atchison, and others, to believe, an experienced hit man who accepted contracts from the mob in Philadelphia (and elsewhere, like New York and Las Vegas) that for one reason or another they would rather not handle themselves.
This job, in fact, would be his first.