Classic Audiobook Collection - The Benson Murder Case - A Philo Vance Story by S. S. Van Dine ~ Full Audiobook [mystery]

Starting point is 00:00:00 Chapter 1 of the Benson murder case, a Philo Vance story by SS Van Dyne. Chapter 1. Philo Vance at Home Friday, June 14, 8.30 a.m. It happened that on the morning of the momentous June 14th, when the discovery of the murdered body of Alvin H. Benson created a sensation which, to this day, has not entirely died away, I had breakfasted with Philobenz in his apartment. It was not unusual for me to share Vance's luncheons and dinners, but to have breakfast with him was something of an occasion.

Starting point is 00:00:47 He was a late riser, and it was his habit to remain incommunicado until his midday meal. The reason for this early meeting was a matter of, of business, or rather, of aesthetics. On the afternoon of the previous day, Vance had attended a preview of Volar's collection of Cézan watercolors at the Kessler galleries, and having seen several pictures he particularly wanted, he had invited me to an early breakfast to give me instructions regarding their purchase. A word concerning my relationship with Vance is necessary to clarify my

Starting point is 00:01:28 role of narrator in this chronicle. The legal tradition is deeply embedded in my family, and when my preparatory school days were over, I was sent, almost as a matter of course, to Harvard to study law. It was there I met Vance, a reserved, cynical, and caustic freshman, who was the bane of his professors and the fear of his fellow classmen. Why he should have chosen me of my, of my, of my own. He should have chosen me of all the students at the university for his extra-scholastic association, I have never been able to understand fully. My own liking for Vance was simply explained. He fascinated and interested me, and supplied me with a novel kind of intellectual diversion. In his liking for me, however, no such basis of appeal was present. I was, and am now, a commonplace fellow, possessed of a

Starting point is 00:02:27 conservative and rather conventional mind. But at least my mentality was not rigid, and the ponderosity of the legal procedure did not impress me greatly, which is why, no doubt, I had a little taste for my inherited profession. And it is possible that these traits found certain affinities in Vance's unconscious mind. There is, to be sure, the less consoling explanation that I appeal to Vance as a kind of foil or anchorage, and that he sensed in my nature a complementary antithesis to his own. But whatever the explanation, we were much together, and as the years went by, that association ripened into an inseparable friendship. Upon graduation, I entered my father's law firm, Van Dyne and Davis, and, after five years of

Starting point is 00:03:24 dull apprenticeship, I was taken into the firm as the first. the junior partner. At present, I am the second Van Dine of Van Dynne Davis and Van Dine, with offices at 120 Broadway. At about the time my name first appeared on the letterheads of the firm, Vance returned from Europe, where he had been living during my legal novitiate, and an aunt of his having died and made him her principal beneficiary, I was called upon to discharge the technical obligations involved in putting him in possession of his inherited property. This work was the beginning of a new and somewhat unusual relationship between us. Vance had a strong distaste for any kind of business transaction, and in time I became the custodian

Starting point is 00:04:15 of all his monetary interests and his agent at large. I found that his affairs were various enough to occupy as much of my time as I cared to give to legal matters, and as Vance was able to indulge the luxury of having a personal legal factotum, so to speak, I permanently closed my desk at the office and devoted myself exclusively to his needs and whims. If, up to the time when Vance summoned me to discuss the purchase of the Cézon, I had harbored any secret or repressed regrets for having to deprived the firm of Van Dyne Davis and Van Dyne of my modest legal talents, they were permanently banished on that eventful morning. For beginning with the notorious Benson murder,

Starting point is 00:05:05 and extending over a period of nearly four years, it was my privilege to be a spectator of what I believe was the most amazing series of criminal cases that ever passed before the eyes of a young lawyer. Indeed, the grim dramas I witnessed during that period constitute one of the most astonishing secret documents in the police history of this country. Of these dramas, Vance was the central character. By an analytical and interpretive process, which, as far as I know, has never before been

Starting point is 00:05:41 applied to criminal activities, he succeeded in solving many of the important crimes, on which both the police and the district attorney's office had hopelessly fallen down. Due to my particular relations with Vance, it happened that not only did I participate in all the cases with which he was connected, but I was also present at most of the informal discussions concerning them, which took place between him and the district attorney. And being of methodical temperament, I kept a fairly complete record of them. In addition, I noted down, as accurately as memory permitted,

Starting point is 00:06:22 Vance's unique psychological methods of determining guilt, as he explained them from time to time. It is fortunate that I performed this gratuitous labor of accumulation and transcription, for now that circumstances have unexpectedly rendered possible my making the cases public, I am able to present them in full detail, and with all their various sidelines and succeeding steps, a task that would be impossible were it not for my numerous clippings and adversaria. Fortunately, too, the first case to draw Vance into its ramifications was that of Elvin Benson's murder.

Starting point is 00:07:03 Not only did it prove one of the most famous of New York's Coz-Colab, but it gave Vance an excellent opportunity of displaying his rare talents of deductive reasoning, and, by its nature and magnitude, aroused his interest in a branch of activity which, heretofore, had been alien to his temperamental promptings and habitual predilections. The case intruded upon Vance's life suddenly and unexpectedly, although he himself had, by a casual request made to the district attorney over a month before, been the involuntary agent of this destruction of his normal routine. the thing in fact burst upon us before we had quite finished our breakfast on that mid-June morning and put an end temporarily to all business connected with the purchase of the sazon paintings when later in the day i visited the kessler galleries two of the watercolours that vance had particularly desired had been sold and i am convinced that despite his success in unravelling the benson murder mystery

Starting point is 00:08:14 and his saving of at least one innocent person from arrest, he has never, to this day, felt entirely compensated for the loss of those two little sketches on which he had set his heart. As I was ushered into the living-room that morning by Curry, a rare old English servant, who acted as Vance's butler, valet, major-domo, and, on occasion's specialty cook, Vance was sitting in a large armchair, attired in a sarah silk dressing-gown, and gray-swayed slippers, with Volar's book on Cézanne open across his knees.

Starting point is 00:08:53 Forgive my not rising, Van, he greeted me casually. I have the whole weight of the modern evolution in art resting on my legs. Furthermore, this plebeian early rising fatigues me, you know. He rifled the pages of the volume. pausing here and there at a reproduction. This chap Volour, he remarked at length, has been rather liberal with our art-fearing country. He has sent a really goodish collection of his Cézanne here.

Starting point is 00:09:25 I viewed him yesterday with the proper reverence, and I might add unconcern, for Kessler was watching me, and I've marked the ones I want you to buy for me as soon as the gallery opens this morning. He handed me a small cattle, he had been using as a bookmark. A beastly assignment, I know, he added with an indolent smile.

Starting point is 00:09:48 These delicate little smudges with all their blank paper will probably be meaningless to your legal mind. They're so unlike a neatly typed brief, don't you know? And you'll no doubt think some of them are hung upside down. One of them is, in fact, and Kessler doesn't know it. But don't fret, Van, old dear. They're very beautiful and valuable. little knick-knacks, and rather inexpensive, when one considers what they'll be bringing in

Starting point is 00:10:15 in a few years. Really an excellent investment for some money-loven soul, you know? Infinitely better than the lawyer's equity stock, over which you grew so eloquent at the time of my dear Aunt Agatha's death. Footnote 1. As a matter of fact, the same watercolors that Vance obtained for $250 and $300 were bringing three times as much four years later. Vance's one passion, if a purely intellectual enthusiasm may be called a passion, was art. Not art in its narrow personal aspects, but in its broader, more universal significance. And art was not only his dominating interest, but his chief diversion.

Starting point is 00:11:04 He was something of an authority on Japanese and Chinese prints. He knew tapestries and ceramics. And once I heard him give an impromptu causerie to a few guests on Tanagra figurines, which, had it been transcribed, would have made a most delightful and instructive monograph. Vance had sufficient means to indulge his instinct for collecting, and possessed a fine assortment of pictures and objecta. His collection was heterogeneous, only in its superficial, characteristics. Every piece he owned embodied some principle of form or line that related it to all the

Starting point is 00:11:46 others. One who knew art could feel the unity and consistency in all the items with which he surrounded himself, however widely separated they were, in point of time, or metééé or surface appeal. Vance, I have always felt, was one of those rare human beings, a collector with a collector with, a definite philosophic point of view. His apartment in East 38th Street, actually the two top floors of an old mansion, beautifully remodeled and in part rebuilt to secure spacious rooms and lofty ceilings,

Starting point is 00:12:24 was filled, but not crowded, with rare specimens of oriental and occidental, ancient, and modern art. His paintings ranged from the Italian primitives to Cézanne and Matisse, and among his collection of original drawings were works as widely separated as those of Michelangelo and Picasso. Vance's Chinese prints constituted one of the finest private collections in this country. They included beautiful examples of the work of Riyomin, Rianchu, Jinkomin, Kakai, and Mokai. The Chinese, Vance, Vance, Vance,

Starting point is 00:13:07 once said to me, are the truly great artists of the East. They were the men whose work expressed most intensely a broad philosophic spirit. By contrast, the Japanese were superficial. It's a long step between the little more than decorative Su-si of Hokusai and the profoundly thoughtful and conscious artistry of Riyomin. Even when Chinese art degenerated under the Manchus, we find in it a deep philosophic quality, a spiritual sensibility, so to speak. And in the modern copies of copies, in what is called de bunjinga style, we still have pictures of profound meaning. Vance's Catholicity of taste in art was remarkable. His collection was as varied as that of a museum. It embraced a black-figured amphora by Amassas,

Starting point is 00:14:06 a proto-corinthian vase in the Aegean style, cubacha and Rhodian plates, Athenian pottery, a 16th century Italian holy water stoop of rock crystal, pewter of the Tudor period, several pieces bearing the double rose hallmark, a bronze plaque by Chalini, a triptych of Limogne enamel,

Starting point is 00:14:29 a Spanish retable of an altarpiece by Valphogonia, several Etruscan bronzes, an Indian Greco-Buddhist, a statuette of the goddess Kuan Yin from the Ming Dynasty, a number of very fine Renaissance woodcuts, and several specimens of Byzantine, Paralindian, and early French ivory carvings. His Egyptian treasures included a gold jug from Zakazik, a statuette of the Lady Nai, as lovely as the one in the Louvre, two beautiful. carved steles of the first Theban age, various small sculptures, comprising rare representations of Hapi and Aumset, and several Arantime bowls carved with calafiscus dancers. On top of one of his embayed Jacobian bookcases in the library, where most of his modern paintings and drawings were

Starting point is 00:15:27 hung, was a fascinating group of African sculpture, ceremonial masks and statuette fetish. from French Guinea, the Sudan, Nigeria, the Ivory Coast, and the Congo. A definite purpose has animated me in speaking at such length about Vance's art instinct. For, in order to understand fully the melodramatic adventures, which began for him on that June morning, one must have a general idea of the man's function and inner promptings. His interest in art was an important, one might almost say, the dominant factor in his personality. I have never yet met a man quite like him,

Starting point is 00:16:11 a man so apparently diversified, and yet so fundamentally consistent. Vance was what many would call a dilettante, but the designation does him injustice. He was a man of unusual culture and brilliance. An aristocrat, by birth and instinct, he held himself severely aloof from the common world of men.

Starting point is 00:16:35 In his manner, there was an indefinable contempt for inferiority of all kinds. The great majority of those with whom he came in contact regarded him as a snob. Yet there was, in his condescension and disdain, no trace of spuriousness. His snobbishness was intellectual as well as social. He detested stupidity even more, I believe,

Starting point is 00:17:02 than he did vulgarity. or bad taste. I have heard him on several occasions, quote Foucher's famous line, It's plus an crime, it's a foote. And he meant it literally. Vance was, frankly, a cynic. But he was rarely bitter. His was a flippant juvenileian cynicism. Perhaps he may best be described as a bored and supercilious, but highly conscious and penetrating, spectator of life he was keenly interested in all human reactions but it was the interest of the scientist not the humanitarian withal he was a man of rare personal charm even people who found it difficult to admire him found it equally difficult not to like him his somewhat quixotic mannerisms and his slightly english accent and inflection a heritage of his post-cras graduate days at Oxford, impressed those who did not know him well as affectations.

Starting point is 00:18:10 But the truth is, there was very little of the poseer about him. He was unusually good-looking, although his mouth was ascetic and cruel, like the mouths on some of the Medici portraits. Footnote 2. I am thinking particularly of Bronsino's portraits of Pietro de Medici and Cue. Cosimo de Medici in the National Gallery and of Vasari's medallion portrait of Lorenzo de Medici in the Vecchio Palazzo, Florence. Moreover, there was a slightly derisive hauteur in the lift of his eyebrows. Despite the aquiline severity of his lineaments, his face was highly sensitive.

Starting point is 00:18:56 His forehead was full and sloping. It was the artists rather than the scholar's brow. His cold gray eyes were widely spaced. His nose was straight and slender, and his chin narrow, but prominent, with an unusually deep cleft. When I saw John Barrymore recently in Hamlet, I was somehow reminded of Vance. And once before, in a scene of Caesar and Cleopatra, played by Forbes Robertson, I received a similar impression. Footnote 3 Once when Vance was suffering from sinusitis, he had an x-ray photograph of his head made,

Starting point is 00:19:39 and the accompanying chart described him as a marked dolicocephalic and a disharmonious Nordic. It also contained the following data. Cephalic index 75. Nose Leptorine with an index of 48. facial angle eighty five degrees vertical index seventy two upper facial index fifty four interpupillary width sixty seven chin mesognathus with an index of one o three cella tursica abnormally large vance was slightly under six feet graceful and giving the impression of sinewy strength and nervous endurance He was an expert fencer and had been the captain of the university's fencing team. He was mildly fond of outdoor sports and had a knack of doing things well without any extensive practice.

Starting point is 00:20:45 His golf handicap was only three, and one season he had played on our champion polo team against England. Nevertheless, he had a positive antipathy to walking and would not go a hundred yards on foot if there was any possible means of riding. In his dress, he was always fashionable, scrupulously correct to the smallest detail, yet unobtrusive. He spent considerable time at his clubs. His favourite was the stuyvesant,

Starting point is 00:21:17 because, as he explained to me, its membership was drawn largely from the political and commercial ranks, and he was never drawn into a discussion which required any mental effort. He went occasionally to the more modern operas and was a regular subscriber to the symphony concerts and chamber music recitals. Incidentally, he was one of the most unerring poker players I have ever seen.

Starting point is 00:21:45 I mention this fact not merely because it was unusual and significant that a man of Vance's type should have preferred so democratic a game to bridge or chess, for instance, but because his knowledge of the science of human psychology, involved in poker, had an intimate bearing on the Chronicles, I am about to set down. Vance's knowledge of psychology was indeed uncanny. He was gifted with an instinctively accurate judgment of people, and his study and reading had coordinated and rationalized this gift to an amazing extent.

Starting point is 00:22:22 He was well grounded in the academic principles of psychology, and all his courses at college had either centred about this subject or been subordinated to it. While I was confining myself to a restricted area of torts and contracts, constitutional and common law, equity, evidence, and pleading, Vance was reconnoitering the whole field of cultural endeavor. He had courses in the history of religions, the Greek classics, biology, civics and political economy, philosophy, anthropology, literature, theoretical and experimental psychology, and ancient and modern languages. Footnote four.

Starting point is 00:23:11 Culture, Vance said to me shortly after I had met him, is polyglot, and the knowledge of many tongues is essential to an understanding of the world's intellectual and aesthetic achievements, especially are the Greek and Latin classics vitiated by translation. I quote the remark here because his omnivorous reading in languages other than English, coupled with his amazingly retentive memory, had a tendency to affect his own speech. And while it may appear to some that his speech was at times pedantic, I have tried throughout these chronicles to quote him literally, in the hope of presenting a portrait of the man as he was.

Starting point is 00:23:59 But it was, I think, his courses under Muzdovak and William James that interested him the most. Vance's mind was basically philosophical, that is philosophical in the more general sense. Being singularly free from the conventional sentimentalities and current superstitions, he could look beneath the surface of human acts, into actuating impulses and motives. Moreover, he was resolute both in his avoidance of any attitude that savored of credulousness,

Starting point is 00:24:35 and in his adherence to cold logical exactness in his mental processes. Until we can approach all human problems, he once remarked, with the clinical aloofness and cynical contempt of a doctor examining a guinea-pig, strapped to a board, we have little chance of getting at the truth. Vance led an active, but by no means animated social life, a concession to various family ties. But he was not a social animal. I cannot remember ever having met a man with so undeveloped a gregarious instinct, and when he went forth into the social world, it was generally under compulsion. In fact, one of his duty affairs had occupied him on the night before that memorable

Starting point is 00:25:28 June breakfast. Otherwise, we would have consulted about the Cézun the evening before, and Vance groused a good deal about it, while Curry was serving our strawberries and eggs Benedictine. Later on, I was to give profound thanks to the god of coincidence that the blocks had been arranged in just that pattern. For had Vance been slumbering peacefully at nine o'clock when the district attorney called, I would probably have missed four of the most interesting and exciting years of my life, and many of New York's shrewdist and most desperate criminals might still be at large. Vance and I had just settled back in our chairs for our second cup of coffee and a cigarette, when Curry, answering an impetuous,

Starting point is 00:26:19 ringing of the front doorbell, ushered the district attorney into the living-room. "'By all that's holy!' he exclaimed, raising his hands in mock astonishment, New York's leading Flannur and Art Connoisseur is up and about. "'And I am suffused with blushes at the disgrace of it,' Vance replied. "'It was evident, however, that the district attorney was not in a jovial mood. his face suddenly sobered. Vance, a serious thing, has brought me here. I'm in a great hurry, and merely dropped by to keep my promise.

Starting point is 00:26:59 The fact is, Elvin Benson has been murdered. Vance lifted his eyebrows languidly. Really now, he drawled. How messy! But he no doubt deserved it. In any event, that's no reason why you should repine. take a chair and have a cup of curry's incomparable coffee. And before the other could protest, he rose and pushed a bell button.

Starting point is 00:27:27 Markham hesitated a second or two. Oh, well, a couple of minutes won't make any difference, but only a gulp. And he sank into a chair facing us. End of Chapter 1. Chapter 2 of the Benson Murder Case by S.S. Van Dyne. This Libravox recording is in the public domain. At the scene of the crime. Friday, June 14, 9 a.m.

Starting point is 00:27:59 John F.X. Markham, as you remember, had been elected district attorney of New York County on the independent reform ticket during one of the city's periodical reactions against Demney Hall. He served his four years and would probably have been elected to a second term, had not the ticket been hoping. split by the political juggling of his opponents. He was an indefatigable worker and projected the district attorney's office into all manner of criminal and civil investigations. Being utterly incorruptible, he not only aroused the fervid admiration of his constituents, but produced an almost unprecedented sense of security in those who had opposed him on partisan lines. He had been an office only a few months when one of the newspapers referred to him as the watchdog, and the

Starting point is 00:28:55 sobriquet clung to him until the end of his administration. Indeed, his record as a successful prosecutor during the four years of his incumbency was such a remarkable one that even today it is not infrequently referred to in legal and political discussions. Markham was a tall, strongly built man in the middle 40s, with a clean-s-shaped, somewhat youthful face, which belied his uniformly gray hair. He was not handsome, according to conventional standards, but he had an unmistakable air of distinction, and was possessed of an amount of social culture rarely found in our latter-day political office holders. With all, he was a man of brusque and vindictive temperament, but his brusiness was an incrustation on a solid foundation of good breeding,

Starting point is 00:29:50 not, as is usual in case, the roughness of substructure, showing through an inadequately superimposed crust of gentility. When his nature was relieved of the stress of duty and care, he was the most gracious of men. But early in my acquaintance with him, I had seen his attitude of cordiality, suddenly displaced by one of grim authority. It was as if a new personality, hard, indomitable, symbolic of eternal justice, had in that moment been born in Markham's body. I was to witness this transformation many times

Starting point is 00:30:31 before our association ended. In fact, this very morning, as he sat opposite to me in Bance's living room, there was more than a hint of it in the aggressive sternness of his expression, and I knew that he was deeply troubled over Elvin Benson's murder. He swallowed his coffee rapidly and was setting down the cup when Vance, who had been watching him with quizzical amusement, remarked, I say, why this sad preoccupation over the passing of Juan Benson?

Starting point is 00:31:07 You weren't, by any chance, the murderer, what? Markham ignored Vance's levity. I'm on my way to Vensons. Do you care to come along? You asked for the experience, and I dropped in to keep my promise. I then recalled that several weeks before, at the Stuyvesant Club, on the subject of the prevalent homicides in New York was being discussed, Vance had expressed a desire to accompany the district attorney on one of his investigations, and that Markham had prevalent homicides in New York. promised to take him on his next important case. Vance's interest in the psychology of human behavior had prompted the desire, and his friendship at Markham, which had been of long-standing, had made the request possible. You remember everything, don't you? Vance replied, lazily. An admirable gift, even if an uncomfortable one. He glanced at the clock

Starting point is 00:32:05 on the mantle. It lacked a few minutes of nine. But what an indecent hour. Suppose someone should see me. Marka moved forward impatiently in his chair. Well, if you think the gratification of your curiosity would compensate you for the disgrace of being seen in public at 9 o'clock in the morning, you'll have to hurry. I certainly won't take you in dressing gown and bedroom slivers. And I most certainly won't wait over five minutes for you to get dressed.

Starting point is 00:32:38 Why, the haste, old dear, Vance asked, yawning. The chap's dead, don't you know? He can't possibly run away. Come get a move on, you, Orchid, the other urged. This affair is no joke. It's damn serious. And from the looks of it, it's going to cause an ungodly scandal. What are you going to do?

Starting point is 00:32:59 Do, I shall humbly follow the great avenger of the common people. To return, Vance, rising, and making an obsequent. bow. He rang for curry, and ordered his clothes brought to him. I'm attending at a levy, which Mr. Markham is holding over a corpse, and I want something rather spiffy. Is it warm enough for a silk suit? And a lavender tie, by all means. I trust you won't also wear your green carnation, grumbled Markham. Tutt, Vance chided him. You've been reading Mr. Hitchens, such heresy in a district attorney. Anyway, you know full well I never wear Boutonnier,

Starting point is 00:33:44 the declaration has fallen into disrepute. The only remaining devotee of the practice are Bruey and saxophone players. But tell me about the departed Benson. Vance was now dressing, with Curry's assistance, at a rate of speed I had barely seen him display in such matters. Beneath his bantering pose, I recognize, the true eagerness of the man for a new experience, and one that promised such dramatic possibilities for his alert and observing mind.

Starting point is 00:34:17 You knew Elvin Benson casually, I believe, the district attorney said. Well, early this morning his housekeeper phoned at a local precinct station that she had found him shot through the head, fully dressed, and sitting in his favorite chair, in his living room. The message, of course, was put through at once to the telegraph bureau at headquarters, and my assistant on duty notified me immediately. I was tempted to let the case follow the regular police routine, but half an hour later, Major Benson, Albert's brother, found me and asked me as a special favor to take charge. I've known the major for 20 years, and I couldn't very well refuse. So, I took a hurried breakfast and started for Benson's house. He lived in West 48th Street,

Starting point is 00:35:08 and as I passed your corner, I remembered your request, and dropped by to see if you care to go along. Most considerate, murmured Vance, adjusting his forehand before a small polygroom mirror by the door. Then he turned to me. Come Vant, we'll all gaze upon the defunct Benson. I'm sure some of Markham's sleuths will unearth the fact that I detested the founder and accused me of the crime, and I'll feel safer, don't you know, with legal talent at hand? No objections, eh what, Markham? Certainly not, the other agreed readily, although I felt that he would rather not have had me along,

Starting point is 00:35:51 but I was too deeply interested in the affair to offer any ceremonious objections, and I followed Vance and Markham downstairs. as we settled back in the waiting taxicab and started up madison avenue i marvelled a little as i had often done before at the strange friendship of these two dissimilar men beside me markham forthright conventional a trifle austere and over-serious in his dealings with life advanced casual mercurial debonair and whimsically cynical in the face of the grimest realities and yet this temperamental diversity seemed, in some wise, the very cornerstone of their friendship. It was as if each saw in the other some unattainable field of experience and sensation that had been denied himself. Markham represented to Vance the solid and immutable realism of life, whereas Vance symbolized for Markham the carefree exotic gypsy spirit of intellectual adventure.

Starting point is 00:36:57 Their intimacy, in fact, was even greater than showed on the surface, and despite Markham's exaggerated deprecations of the other's attitudes and opinions, I believe he respected Vance's intelligence more profoundly than that of any other man he knew. As we rode uptown that morning, Markham appeared preoccupied and gloomy. No word had been spoken since we left the apartment, but as we turned west into 48th Street, Vance asked, What is the social etiquette of these early morning murder functions? Aside from removing one's hat in the presence of the body,

Starting point is 00:37:37 you keep your hat on, growled Markham. My word, like a synagogue, what most interesting? Perhaps one takes off one's shoes, so as not too confused the footprints? No, Markham told him, the guests remain fully closed, in which the function differs from the ordinary evening affairs of your smartest set. My dear Markham, Vance's tone was one of melancholy reproof. The horrified moralist in your nature is at work again. That remark of yours was politically at worst-leagish.

Starting point is 00:38:14 Markham was too abstracted to follow up Vance's badinage. There are one or two things, he said soberly, that I think I'd better warn you about. From the looks of it, this case is going to cause considerable noise, and there will be a lot of jealousy and baffling for honors. I won't be fallen upon and caressed affectionately by the police for coming in at this stage of the game, so be careful not to rub their bristles the wrong way. My assistant, who's there now, tells me he thinks the inspector has put Heath in charge. Heath's a sergeant in the Homicide Bureau, and is undoubtedly convinced at the present moment that I'm taking hold in order to get publicity.

Starting point is 00:39:01 Aren't you his technical superior? asked Vance. Of course, and that makes a situation just so much more delicate. I wish to God the Major hadn't called me up. You, sighed Vance. The world is full of Heath's, beastly nuisances. Don't misunderstand me, Markham hasten to assure him. Heath is a good man, in fact, as good a man as we've got. The mere fact that he was assigned to the case shows how seriously the affair is regarded at headquarters. There will be no unpleasantness about my taking charge, you understand,

Starting point is 00:39:38 but I want the atmosphere to be as halcyon as possible. Heath will be sent my bringing long YouTube chaps as spectators anyway, so I beg of you, Vance emulate the modest violet. I prefer the blushing rose, if you don't mind, Vance protested. However, I'll instantly give the hypersensitive Heath one of my choicest, Regie cigarettes, with the rose-pedal tips. If you do, smiled Markham, he'll probably arrest you as a suspicious character. we had drawn up abruptly in front of an old brownstone residence on the upper side of forty-eight street near sixth avenue it was a house of the better class built on a twenty-five foot lot in a day when permanency and beauty were still matters of consideration among the city's architects

Starting point is 00:40:32 The design was conventional to accord with the other houses in the block, but a touch of luxury and individuality was to be seen in its decorative copings and in the stone carvings about the entrance and above the windows. There was a shallow paved areaway between the street line and the front elevation of the house, but this was enclosed in a high iron railing, and the only entrance was by way of the front door, which was about six feet above the street level at the top of a flight of ten broad-stone stairs. Between the entrance and the right-hand wall were two spacious windows, covered with heavy iron grills.

Starting point is 00:41:17 A considerable crowd of morbid onlookers had gathered in front of the house, and on the steps lounged several alert-looking young men, whom I took to be newspaper reporters. The door of our taxi cab was opened by a uniformed patrolman, who saluted Markham with exaggerated respect, and ostentatiously cleared a passage for us through the gaping throng of idlers. Another uniformed patrolman stood in the vestibule, and on recognizing Markham, held the outer door open for us and saluted with great dignity. Ave Caesar,

Starting point is 00:41:57 "'Pes salutamus,' whispered Vance, grinning. "'Be quiet,' Markham grumbled. "'I've got troubles enough without your garbled quotations. "'As we passed through the massive carved oak front door "'into the main hallway, "'we were met by Assistant District Attorney Dinwiddie, "'a serious, swarthy young man "'with a prematurely lined face,

Starting point is 00:42:23 "'whose appearance gave one the impression "'that most of the work of humanity were resting upon his shoulders. Good morning, Chief, he greeted Markham with eager relief. I'm damn glad you've got here. This case will whip things wide open, cut and dried murder, and not a lead. Markham nodded gloomily and looked past him into the living room. Who's here? he asked. The hole works from the chief inspector down, then Whitty told him, with a hopeless shrug, as if the fact voted ill for all concerned.

Starting point is 00:43:00 At that moment, a tall, massive, middle-aged man with a pink complexion and a closely cropped white mustache appeared in the doorway of the living room. On seeing Markham, he came forward stiffly with outstretched hand. I recognized him at once as Chief Inspector O'Brien, who was in commander of the entire police department. dignified greetings were exchanged between him and Markham, and then Vance and I were introduced to him. Inspector O'Brien gave us each a curt, silent nod, and turned back to the living room, with Markham, Dinwiddy, Vance, and myself following. The room, which was entered by a wide double door about ten feet down the hall, was a spacious one, almost square, with high ceilings.

Starting point is 00:43:52 Two windows gave on the street, and on the extreme right of the north wall, opposite to the front of the house, was another window opening on a paved court. To the left of this window were the sliding doors leading into the dining room at the rear. The room presented an appearance of garish opulence. About the walls hung some elaborately framed paintings of racehorses and a number of mounted hunting trophies. A highly colored oriental rug covered nearly the entire floor. In the middle of the east wall, facing the door, was an ornate fireplace and carved marble mantle. Placed diagonally in the corner on the right,

Starting point is 00:44:39 stood a walnut upright piano with copper trimmings. Then there was a mahogany bookcase with glass doors and figured curtains, a sprawling tapestry Davenport, a squat Venetian tabaret with inlaid mother of pearl, a teak wood stand containing a large brass samovar, and a buell topped center table nearly six feet long. At the side of the table nearest the hallway, with its back to the front windows, stood a large wicker lounge chair with a high fan-shaped back. In this chair reposed the body of Alvin Ben Benendon.

Starting point is 00:45:18 Though I had served two years at the front in the World War and had seen death in many terrible guises, I could not repress a strong sense of revulsion at the sight of this murdered man. In France, death had seemed an inevitable part of my daily routine, but here all the organisms of environment were opposed to the idea of fatal violence. The bright June sunshine was pouring into the room, and through the open windows came the continuous din of the city's noises, which, for all their cacophony, are associated with peace and security, and the orderly social processes of life. Benton's body was reclining in the chair, in an attitude so natural that one almost expected him to turn to us and ask why we were intruding upon his privacy. his head was resting against the chair's back. His right leg was crossed over his left,

Starting point is 00:46:21 in a position of comfortable relaxation. His right arm was resting easily on the center table, and his left arm lay along the chair's arm. But that which most strikingly gave this attitude its appearance of naturalness was a small book which he held in his right hand, with his thumb still marking the place where he had evidently been reading.

Starting point is 00:46:46 Footnote 5. The book was O'Henry's strictly business, and the place at which it was being held open was, curiously enough, the story entitled A Municipal Report. He had been shot through the forehead from in front, and the small circular bullet mark was now almost black, as a result of the coagulation of the blood. A dark spot on the rug at the rear of the chair indicated the extent of the hemorrhage caused by the grinding passage of the bullet through his brain. Had it not been for these grisly indications, one might have thought that he had merely paused momentarily in his reading to lean back and rest.

Starting point is 00:47:34 He was attired in an old smoking jacket and red felt bedroom slippers, but still wore his dressed trousers and evening shirt, though he was collarless, and the neckband of the shirt had been unbuttoned, as if for comfort. He was not an attractive man, physically, being almost completely bald, and more than a little stout. His face was flabby, and the puffiness of his neck was doubly conspicuous, without its confining collar. With a slight shudder of distaste, I ended my brief contemplation of him, and turned to the other occupants of the room.

Starting point is 00:48:15 Two burly fellows with large hands and feet, their black felt hats pushed far back on their heads, were minutely inspecting the iron grill work over the front windows. They seemed to be giving particular attention to the points where the bars were cemented into the masonry, and one of them had just taken hold of a grill with both hands, and was shaking. it, Simeon was, as if to test its strength. Another man of medium height and dapper appearance, with a small blonde mustache, was bending over in front of the grate, looking intently, so it seemed, at the dusty gas logs. On the far side of the table, a thick-set man in a blue serge and a dirty hat,

Starting point is 00:49:04 stood with arms akimbo, scrutinizing the silent figure in the chair. His eyes, hard and pale blue, were narrow, and his square prognathous jaw was rigidly set. He was gazing with rapt intensity at Benson's body, as though he hoped by the sheer power of concentration, to probe the secret of the murder. Another man, of unusual meon, was standing before the rear window with a jeweller's magnifying glass in his eye, inspecting a small object, held in the palm of his hand. From the pictures I had seen of him, I knew he was Captain Carl Hagedorn, the most famous firearms expert in America.

Starting point is 00:49:50 He was a large, cumbersome, broad-shouldered man of about 50, and his black, shiny clothes were several sizes too large for him. His coat hitched up behind, and in front hung halfway down to his knees, and his trousers were baggy and lay over his lap. ankles in grotesquely comic folds. His head was round and abnormally large, and his ears seemed sunken into his skull. His mouth was entirely hidden by a scraggly gray-shot mustache, all the hairs of which grew downwards, forming a kind of lambrequin to his lips. Captain Hagenorne had been

Starting point is 00:50:32 connected with the New York Police Department for 30 years, and though his appearance and manner were ridiculed at headquarters, he was profoundly respected. His word, on any point, pertaining to firearms and gunshot wounds, was accepted as final by headquarters men. In the rear of the room, near the dining room, stood two other men talking earnestly together. One was Inspector William M. Moran, commanding officer of the Detective Bureau. The other, Sergeant Ernest Heath of the Homicide Bureau, of whom Markham had already spoken to us. As we entered the room in the wake of Chief Inspector O'Brien, everyone ceased his occupation for a moment,

Starting point is 00:51:20 and looked at the district attorney in a spirit of uneasy, but respectful recognition. Only Captain Hedorn, after a cursory squint at Markham, returned to the inspection of the tiny object in his hand, with an abstracted unconcern, which brought a faint smile to Vance's lips. Inspector Moran and Sergeant Heath came forward with stolid dignity, and after the ceremony of handshaking,

Starting point is 00:51:48 which I later observed to be a kind of religious right among the police and the members of the district attorney's staff, Markham introduced Vance and me and briefly explained our presence. The inspector bowed pleasantly to indicate his acceptance of the intrusion, but I noticed that Heath ignored Markham's explanation and proceeded to treat us as if we were non-existent. Inspector Moran was a man of different quality from the others in the room. He was about 60 with white hair and a brown mustache,

Starting point is 00:52:25 and was immaculately dressed. He looked more like a successful Wall Street broker of the better class than a police official, a footnote 6. Inspector Moran, as I learned later, had once been the president of a large upstate bank that had failed during the panic of 1907, and during the Gaynor administration, had been seriously considered for the post of police commissioner. I've assigned Sergeant Heath to the case, Mr. Markham, he explained, in a low, well-modulated voice. It looks as though we were in for a bit of trouble before it's finished.

Starting point is 00:53:07 Even the chief inspector thought it warranted his lending the moral support of his presence to the preliminary rounds. He has been here since eight o'clock. Inspector O'Brien had left us immediately upon entering the room, and now stood between the front windows, watching the proceedings with a grave, indecipherable face. Well, I think I'll be going, Moran added. They had me out of bed at 7.30, and I haven't had any breakfast yet. I won't be needed anyway now that you're here. Good morning. And again, he shook hands. When he had gone, Markham turned to the assistant district attorney.

Starting point is 00:53:51 Look after these two gentlemen, will you, Dinwiddie? They're babes in the wood, and want to see how these affairs work. Explain things to them while I have a little con fad with Sergeant Heath. Dinwiddie accepted the assignment eagerly. I think he was glad of the opportunity. to have someone to talk to by way of venting his pent-up excitement. As the three of us turned, rather instinctively, toward the body of the murdered man, he was, after all, the hub of this tragic drama. I heard Heath say, in a sullen voice. I suppose you'll take charge now, Mr. Markham.

Starting point is 00:54:30 Dinwiddie and Vance were talking together, and I watched Markham with interest, after what he had told us, of the rivalry between the police department and the district attorney's office. Markham looked at Heath with a slow, gracious smile and shook his head. No, Sergeant, he replied, I'm here to work with you, and I want that relationship understood from the outset. In fact, I wouldn't be here now if Major Benson hadn't phoned me and asked me to lend a hand, and I particularly want my name kept out of it.

Starting point is 00:55:06 it's pretty generally well known, and if it isn't it will be, that the major is an old friend of mine, so it will be better all round if my connection with the case is kept quiet. Heath murmured something I did not catch, but I could see that he had, in large measure, been placated. He, in common with all other men who were acquainted with Markham, knew his word was good, and he personally liked the district attorney. "'If there's any credit coming from this affair,' Markham went on, "'the police department is going to get it. "'Therefore, I think it best for you to see the reporters.

Starting point is 00:55:46 "'And, by the way,' he added good-naturedly, "'if there's any blame coming, you fellows will have to bear that, too.' "'Fair enough,' assented Heath. "'And now, Sergeant, let's get to work,' said Markham. "' End of Chapter 2.'" Chapter 3 of the Benson Murder Case by S.S. Van Dyne. This Libervox recording is in the public domain. A Ladies Handbag, Friday, June 14, 9.30 a.m.

Starting point is 00:56:22 The district attorney and Heath walked up to the body and stood regarding it. You see, Heath explained, he was shot directly from the front. Pretty powerful shot, too, for the bullet passed through. the head and struck the woodwork over there by the window. He pointed to a place on the Wainskut, a short distance from the floor, near the drapery, of the window nearest the hallway. We found the expelled shell, and Captain Hague-Dorn's got the bullet. He turned to the firearms expert.

Starting point is 00:56:57 How about it, Captain? Anything special? Hague-Dorn raised his head slowly and gave Heath a myopic frown. then, after a few awkward movements, he answered with unhurried precision. A forty-five army bullet, cult automatic. Any idea how close to Benson the gun was held? asked Markham. Yes, sir, I have. Hague-Dorn replied, in his ponderous monotone, between five and six feet, probably.

Starting point is 00:57:32 Heath snorted. probably, he repeated to Markham, with good-natured contempt. You can bank on it if the captain says so. You see, sir, nothing smaller than a 44 or 45 will stop a man, and these steel-capped army bullets go through a human skull like it was cheese. But in order to carry straight to the woodwork, the gun had to be held pretty close. And as there aren't any powder marks on the face, It's a safe bet to take the captain's figures as to distance.

Starting point is 00:58:08 At this point, we heard the front door open and close, and Dr. DeRamus, the chief medical examiner, accompanied by his assistant, bustled in. He shook hands with Markham and Inspector O'Brien, and gave Heath a friendly salutation. Sorry, I couldn't get here sooner, he apologized. He was a nervous man, with a heavily seen. and the manner of a real estate salesman.

Starting point is 00:58:37 What have we got here? He asked in the same breath, making a wry face at the body in the chair. You tell us, Doc, retorted Heath. Dr. DeRamus approached the murdered man with a callous indifference indicative of a long process of hardening. He first inspected the face closely.

Starting point is 00:59:00 He was, I imagine, looking for powder-more. Then he glanced at the bullet hole in the forehead, and at the ragged wound in the back of the head. Next, he moved to the dead man's arm, bent the fingers, and pushed the head a little to the side. Having satisfied himself as to the state of rigor mortis, he turned to Heath. Can we get him on the settee there? Heath looked at Markham, inquiringly. All through, sir. Markham nodded, and Heath beckoned to the two men at the front windows, and ordered the body placed on the Davenport.

Starting point is 00:59:40 It retained its sitting posture, due to the hardening of the muscles after death, until the doctor and his assistant straightened out the limbs. The body was then undressed, and Dr. Duremus examined it carefully for other wounds. He paid particular attention to the arms, and he opened both hands wide and scrutinized the palms. At length, he straightened up and wiped his hands on a large colored silk handkerchief. Shot through the left frontal, he announced. Direct angle of fire. Bullet passed completely through the skull. Exit wound in the left occipital region.

Starting point is 01:00:21 Base of skull. You found the bullet, didn't you? He was awake when shot. and death was immediate. Probably never knew what hit him. He's been dead about. Well, I should judge eight hours, maybe longer. How about 1230 for the exact time? asked Heath. The doctor looked at his watch. If it's okay, anything else? No one answered, and after a slight pause, the chief inspector spoke. We'd like a post-mortem report today, doctor. That'll be all right, Dr. Dramis answered. snapping shut his medical case and handing it to his assistant,

Starting point is 01:00:59 but get the body to the mortuary as soon as you can. After a brief handshaking ceremony, he went out hurriedly. He turned to the detective who had been standing by the table when we entered. Burke, you phone headquarters to call for the body and tell him to get a move on, then go back to the office and wait for me. Burke saluted and disappeared. heath then addressed one of the two men who had been inspecting the grills in the front windows how about the ironworks knitkin not a chance sergeant was the answer strong as a jail both of em nobody never got in through those windows

Starting point is 01:01:42 very good heath told him now you two fellows chase along with burke when they had gone the dapper man in the blue serge suit and derby whose sphere of activity had seen to be the fireplace, laid two cigarette butts on the table. I found these under the gas logs, Sergeant. He explained unenthusiastically. Not much, but there's nothing else laying around. All right, Emery, Heath gave the butts a disgruntled look. You needn't wait either. I'll see you at the office later. Hey, Dorn came ponderously forward. I guess I'll be getting along, too, he rumbled. But I'm going to keep this bullet a while. It's got some peculiar rifling marks on it.

Starting point is 01:02:31 You don't want it, especially, do you, Sergeant? He smiled tolerantly. What'll I do with it, Captain? You keep it. But don't you dare lose it? I won't lose it, Hedorn assured him, with stodgy seriousness, and without so much as a glance at either the distance. district attorney or the chief inspector, he waddled from the room with a slightly rolling movement,

Starting point is 01:02:57 which suggested that of some huge amphibious mammal. Vance, who was standing beside me near the door, turned and followed Hagendorn into the hall. The two stood talking in low tones for several minutes. Vance appeared to be asking questions, and although I was not close enough to hear their conversation, I caught several words and phrases, trajectory, muzzle velocity, angle of fire, impetus, impact, deflection, and the like, and wondered what on earth had prompted this strange interrogation. As Vance was thanking Haydorn for his information, Inspector O'Brien entered the hall. Learning fast, he asked, smiling patronizingly at Vance.

Starting point is 01:03:50 Then, without waiting for a reply, come along, Captain, I'll drive you downtown. Markham heard him. Have you got room for Dinwiddie, too, Inspector? Plenty, Mr. Markham. The three of them went out. Vance and I were now left alone in the room, with Heath and the district attorney,

Starting point is 01:04:11 and as if by common impulse we all settled ourselves in chairs, Vance, taking one near the dining-room door, directly facing the chair in which Benson had been murdered. I had been keenly interested in Vance's manner and actions from the moment of his arrival at the house. When he had first entered the room, he had adjusted his monocle carefully, an act which, despite his air of passivity,

Starting point is 01:04:39 I recognized as an indication of interest. When his mind was alert and he wished to take on external impressions quickly, he invariably brought out his monocle. He could see adequately enough without it, and his use of it, I had observed, was largely the result of an intellectual dictate. The added clarity of vision it gave him seemed subtly to affect his clarity of mind. footnote seven.

Starting point is 01:05:10 Vance's eyes were slightly bifocal. His right eye was 1.2 astigmatic, whereas his left eye was practically normal. At first, he had looked over the room incuriously and watched the proceedings with bored apathy. But during Heath's brief questioning of his subordinates, an expression of cynical amusement, had appeared on his face.

Starting point is 01:05:38 Following a few general queries to assistance district attorney Denwitty, he had sauntered with apparent aimlessness about the room, looking at the various articles, and occasionally shifting his gaze back and forth between different pieces of furniture. At length he had stooped down and inspected the mark made by the bullet on the wainscot, and once he had gone to the door and looked up and down,

Starting point is 01:06:06 the hall. The only thing that had seemed to hold his attention to any extent was the body itself. He had stood before it for several minutes, studying its position, and had even bent over the outstretched arm on the table, as if to see just how the dead man's hand was holding the book. The crossed position of the legs, however, had attracted him most, and he had stood, studying them for a considerable time. Finally, he had returned his monocle to his waistcoat pocket, and joined Dinwiddie and me near the door, where he had stood, watching Heath and the other detectives, with lazy indifference, until the departure of Captain Hague-Dorn.

Starting point is 01:06:54 The four of us had no more than taken seats when the patrolman stationed in the vestibule appeared at the door. There is a man from the local precinct. station here, sir, he announced, who wants to see the officer in charge. Shall I send him in? Heath nodded curtly, and a moment later a large red-faced Irishman in civilian clothes stood before us. He saluted Heath, but on recognizing the district attorney made Markham the recipient of

Starting point is 01:07:26 his report. I'm Officer McLaughlin, sir, West 47th Street Station, he informed us. And I was on duty on this beat last night. Around midnight, I guess it was that, there was a big grey Cadillac standing in front of this house. I noticed it particular because it had a lot of fishing tackle sticking out the back, and all of its lights were on. When I heard of the crime this morning,

Starting point is 01:07:55 I reported the car to the station sergeant, and he sent me around to tell you about it. Excellent, Markham commented, and then, with a nod, referred the matter to Heath. Maybe something in it, the latter admitted, dubiously. How long would you say the car was here, officer? A good half-hour, anyway. It was here before twelve, and when I come back at twelve-thirty or thereabouts,

Starting point is 01:08:22 it was still here, but the next time I come by, it was gone. You saw nothing else, nobody in the car, or anyone hanging around who might have been the owner? No, sir, I did not. Several other questions of a similar nature were asked him, but nothing more could be learned, and he was dismissed. Anyway, remarked Heath, the car story will be good stuff to hand the reporters.

Starting point is 01:08:51 Vance had sat through the questioning of McLaughlin, with drowsy in attention. I doubt if he even heard more than the first few words of the officer's report, and now, with a stifled yawn, he rose, and, sauntering to the centre table, picked up one of the cigarette butts that had been found in the fireplace. After rolling it between his thumb and forefinger, and scrutinizing the tip, he ripped the paper open with his thumbnail, and held the exposed tobacco to his nose. Heath, who had been watching him, gloweringly, leaned suddenly forward in his chair.

Starting point is 01:09:32 What are you doing there? he demanded, in a tone of surly truculence. Vance lifted his eyes in decorous astonishment. Merely smelling of the tobacco, he replied, with condescending unconcern. It's rather mild, you know, but delicately blended. The muscles in Heath's cheeks worked angrily. "'Well, you'd better put it down, sir,' he advised. Then he looked Vance up and down. "'Dabacco expert?' he asked, with ill-discised sarcasm.

Starting point is 01:10:07 "'Oh, dear, no,' Vance's voice was dulcet. "'My specialty is Scarab Cartouche of the Ptolemaic dynasties.' Markham interposed diplomatically. "'You really shouldn't touch anything around here, Vance, at this stage of the game.' You never know what'll turn out to be important. Those cigarette-stubs may quite possibly be significant evidence. Evidence, repeated Vance, sweetly. My word, you don't say, really. Most amusing. Markham was plainly annoyed, and Heath was boiling inwardly, but made no further comment. He even forced a mirthless smile. He evidently felt that he had been a little too abhorred.

Starting point is 01:10:55 with this friend of the district attorneys, however much the friend might have deserved being reprimanded. Heath, however, was no sycophant in the presence of his superiors. He knew his worth and lived up to it with his whole energy, discharging the tasks to which he was assigned with a dogged indifference to his own political well-being. This stubbornness of spirit, and the solidity of character it implied, were respected and valued by the men over him. He was a large, powerful man, but agile and graceful in his movements, like a highly trained boxer. He had hard blue eyes, remarkably bright and penetrating, a broad oval chin, and a stern, straight mouth with lips that appeared always compressed. His hair, which, though he was well

Starting point is 01:11:51 along in his forties, was without a trace of grayness, was cropped about the edges, and stood upright in a short, bristly pompadour. His voice had an aggressive resonance, but he rarely blustered. In many ways he accorded with the conventional notion of what a detective is like. But there was something more to the man's personality, an added capability and strength, as it were, and as I sat watching him that morning, I felt myself unconsciously admiring him, despite his very obvious limitations. What's the exact situation, Sergeant? Markham asked.

Starting point is 01:12:34 Dinwiddy gave me only the barest facts. Heath cleared his throat. We got the word a little before seven. Benson's housekeeper, a Mrs. Platt's, called up the local station, and reported that she'd found him dead, and asked that somebody be sent over at once. The message, of course, was relayed to headquarters. I wasn't there at the time,

Starting point is 01:12:59 but Burke and Emery were on duty, and after notifying Inspector Moran, they came on up here. Several of the men from the local station were already on the job, doing the usual nosing about. When the inspector had got here and looked the situation over, he telephoned me to hurry.

Starting point is 01:13:18 long. When I arrived, the local men had gone, and three more men from the Homicide Bureau had joined Burke and Emery. The inspector also phoned Captain Hague, or he thought the case big enough to call him in at once, and the captain had just got here when you arrived. Mr. Dinwiddy had come in right after the inspector, and phoned you at once. Chief Inspector O'Brien came along a little ahead of me. I questioned the Platz woman right off, and my men were looking the place over when you showed up. Where is this Mrs. Platz now? asked Markham. Upstairs, being watched by one of the local men, she lives in the house. Why did you mention the specific hour of 1230 to the doctor? Platt's told me she heard a report at that time, which I thought might have been the shot. I guess now it

Starting point is 01:14:18 was the shot. It checks up with a number of things. I think we'd better have another talk with Mrs. Plath's, Markham suggested. But first, did you find anything suggestive in the room here, anything to go on? Heath hesitated, almost imperceptibly. Then he drew from his coat pocket, a woman's handbag, and a pair of long white kid gloves, and tossed them on the table in front of the district attorney. Only these, he said. One of the local men found them on the end of the mantle over there. After a casual inspection of the gloves, Markham opened the handbag and turned its contents

Starting point is 01:15:05 out onto the table. I came forward and looked on, but Vance remained in his chair, placidly smoking a cigarette. The handbag was a fine gold mesh with a catch set with small sapphire. It was unusually small and obviously designed only for evening wear. The objects which it had held and which Markham was now inspecting consisted of a flat, watered silk cigarette case, a small gold file of Roger Galais Fleur-Damour perfume, a cloasonnet vanity compact, a short, delicate cigarette holder of inlaid amber,

Starting point is 01:15:50 A gold-cased lipstick, a small, embroidered French-linen handkerchief with M. St. C., monogrammed in the corner, and a Yale latchkey. This ought to give us a good lead, said Markham, indicating the handkerchief. I suppose you went over the articles carefully, Sergeant. Heath nodded. Yes, and I imagine the bag belongs to the woman Benson was out with last night. The housekeeper told me, he. He had an appointment and went out to dinner in his dress clothes. She didn't hear Benson when he came back, though.

Starting point is 01:16:28 Anyway, we ought to be able to run down Miss M. St. C. without much trouble. Markham had taken up the cigarette case again, and as he held it upside down, a little shower of loose dried tobacco fell onto the table. Heath stood up suddenly. Maybe those cigarettes came out of that case, he suggested. He picked up the intact butt and looked at it. It's a lady's cigarette, all right. It looks as though it might have been smoked in a holder, too.

Starting point is 01:17:02 I beg to differ with you, Sergeant, drawled Vance. You'll forgive me, I'm sure, but there's a bit of lip rouge on the end of the cigarette. It's hard to see, on account of the gold tip. Heath looked at Vance sharply. He was too much surprised to be resent. after a closer inspection of the cigarette, he turned again to Vance. Perhaps you could also tell us from these tobacco grains if the cigarettes came from this case, he suggested, with gruff irony.

Starting point is 01:17:36 O'one never knows does one, Vance replied, indolently rising. Picking up the case, he pressed it wide open and tapped it on the table. Then he looked into it closely, and a humorous, smile twitched the corners of his mouth. Putting his forefinger deep into a case, he drew out a small cigarette, which had evidently been wedged flat along the bottom of the pocket. "'My olfactory gifts won't be necessary now,' he said. "'It is apparent, even to the naked eye, that the cigarettes are, to speak loosely,

Starting point is 01:18:14 "'identical. "'A what, sergeant?' "'He's grinned good-naturedly. "'That's one on us, Mr. Markham.' "'And he carefully put the cigarette and the stub in an envelope which he marked and pocketed. "'You now see, Vance,' observed Markham, "'the importance of those cigarette butts.' "'Can't say that I do,' responded the other.

Starting point is 01:18:39 "'Of what possible value is a cigarette butt? "'You can't smoke it, you know?' "'It's evidence, my dear fellow,' explained Markham patiently. one knows that the owner of this bag returned with Benson last night and remained long enough to smoke two cigarettes. Vance lifted his eyebrows in mock amazement. One does, does one? Fancy that now. It only remains to locate her, interjected Heath. She's a rather decided brunette, at any rate.

Starting point is 01:19:15 If that fact will facilitate your quest, any, said Vance. easily. Though why you should desire to annoy the lady, I can't for the life of me imagine. Really, I can't, don't, you know? Why do you say she's a brunette? asked Markham. Well, if she isn't, Vance told him, sinking listlessly back in his chair, then she should consult a cosmetician as to the proper way to make up. I see she uses Rachel powder and garland's dark lipstick, and it simply isn't done among blonde's, old dear. I defer, of course, to your expert opinion, smiled Markham. Then, to Heath, I guess we'll have to look for a brunette, sergeant.

Starting point is 01:20:04 It's all right with me, agreed Heath, jocularly. By this time, I think he had entirely forgiven Vance for destroying the cigarette butt. End of Chapter 3. Chapter 4 of the Benson murder case. This Libervox recording is in the public domain. The Housekeeper's Story Friday, June 14, 11 a.m. Now, suggested Markham, suppose we take a look over the house.

Starting point is 01:20:41 I imagine you've done that pretty thoroughly already, Sergeant, but I'd like to see the layout. Anyway, I don't want to question the housekeeper until the body has been removed. heath rose very good sir i'd like another look myself the four of us went into the hall and walked down the passageway to the rear of the house at the extreme end on the left was a door leading downstairs to the basement but it was locked and bolted The basement is only used for storage now, Heath explained, and the door which opens from it into the street area way is boarded up. The Plattswoman sleeps upstairs. Benson lived here alone, and there is plenty of spare room in the house, and the kitchen is on this floor. He opened a door on the opposite side of the passageway, and we stepped into a small modern kitchen. It's two high windows, which gave into the paved rear.

Starting point is 01:21:42 yard, at a height of about eight feet from the ground, were securely guarded with iron bars, and in addition the sashes were closed and locked. Passing through a swinging door, we entered the dining room, which was directly behind the living room. The two windows here looked upon a small stone court, really no more than a deep air well between Benson's house and the adjoining one, and these also were iron barred and locked. We now re-entered the hallway and stood for a moment at the foot of the stairs leading above. You can see, Mr. Markham, Heath pointed out, that whoever shot Benson must have gotten in by the front door. There's no other way he could have entered. Living alone, I guess Benson was a little

Starting point is 01:22:33 touchy on the subject of burglars. The only window that wasn't barred was the rear one in the living room, and that was shut and locked. Anyway, it only leads into the inside court. The front windows of the living room have that ironwork over them, so they couldn't have been used even to shoot through, for Benson was shot from the opposite direction. It's pretty clear the gunmen got in the front door. Looks that way, said Markham. And pardon me for saying so, remarked Vance, but Benson let him in. Yes, retorted Heath unenthusiastically. Well, we'll find all that out later, I hope. Oh, doubtless, Vance dryly agreed. We ascended the stairs and entered Benson's bedroom, which was directly over the living room. It was severely but well furnished, and in excellent order.

Starting point is 01:23:33 The bed was made, showing it had not been slept in that night, and the window-shades were drawn. benson's dinner jacket and white piquet waistcoat were hanging over a chair a winged collar and a black bow-tie were on the bed where they had evidently been thrown when benson had taken them off on returning home A pair of low evening shoes were standing by the bench at the foot of the bed. In a glass of water on the night table was a platinum plate of four false teeth, and a toupee of beautiful workmanship was lying on the chiffonier. This last item aroused Vance's special interest. He walked up to it and regarded it closely. Most interested, he commented.

Starting point is 01:24:24 Our departed friend seems to have worn false hair. Did you know that, Markham? I always suspected it, was the indifferent answer. Heath, who had remained standing on the threshold, seemed a little impatient. There's only one other room on this floor, he said, leading the way down the hall. It's also a bedroom for guests, so the housekeeper explained. Markham and I looked in through the door, but Vance remained lounging against the Ballou Strait at the head of the stairs. He was manifestly uninterested in Alvin Benson's domestic arrangements, and when Markham and Heath and I went up to the third floor, he sauntered down into the main hallway. When, at length, we descended from our tour of inspection, he was casually looking over the titles in Benson's bookcase.

Starting point is 01:25:20 We had just reached the foot of the stairs when the front door opened, and two men with a stretcher entered. The ambulance from the Department of Welfare had arrived to take the corpse to the morgue, and the brutal business-like way in which Benson's body was covered up, lifted onto the stretcher, carried out and shoved into the wagon, made me shudder. Vance, on the other hand, after the merest fleeting glance at the two men, paid no attention to them. He had found a volume with a beautiful Humphrey Milford binding, and was absorbed in its Roger Payne tooling and powdering. I think an interview with Mrs. Platz is indicated now, said Markham,

Starting point is 01:26:07 and Heath went to the foot of the stairs and gave a loud, brisk order. Presently, a grey-haired, middle-aged woman entered the living room, accompanied by a plain-clothes man, smoking a large cigar. Mrs. Platt was of the simple, old-fashioned motherly type, with a calm, benevolent countenance. She impressed me as highly capable, and as a woman given little to hysteria, an impression strengthened by her attitude of passive resignation.

Starting point is 01:26:39 She seemed, however, to possess that taciturn shrewdness that is so often found among the ignorant. Sit down, Mrs. Platt's, Markham greeted her kindly. I'm the district attorney, and there are some questions I want to ask you. She took a straight chair by the door and waited, gazing nervously from one to the other of us. Markham's gentle, persuasive voice, though, appeared to encourage her, and her answers became more and more fluent. The main facts that transpired from a quarter of an hour's examination may be summed up as follows.

Starting point is 01:27:20 Mrs. Platt's had been Benson's housekeeper for four years, and was the only servant's. employed. She lived in the house, and her room was on the third, or top floor, in the rear. On the afternoon of the preceding day, Benson had returned from his office at an unusually early hour, around four o'clock, announcing to Mrs. Platt's that he would not be home for dinner that evening. He had remained in the living room, with the hall door closed, until half-past six, and had then gone upstairs to dress. He had left the house about seven o'clock, but had not said where he was going.

Starting point is 01:28:01 He had remarked casually that he would return in fairly good season, but had told Mrs. Platt she need not wait up for him, which was her custom whenever he intended bringing guests home. This was the last she had seen him alive. She had not heard him when he returned that night. She had retired about half-past ten, and because of the heat, had left the door ajar. She had been awakened some time later by a loud detonation. It had startled her, and she had turned on the light by her bed,

Starting point is 01:28:37 noting that it was just half-past twelve by the small alarm clock she used for rising. It was, in fact, the early hour which had reassured her. Benson, whenever he went out for the evening, rarely returned home before two, and this fact, coupled with the stillness of the house, had made her conclude that the noise which had aroused her had been merely the backfiring of an automobile in 49th Street. Consequently, she had dismissed the matter from her mind and gone back to sleep. At seven o'clock the next morning she came downstairs as usual to begin her day's duties, and on her way to the front door to bring in the milk and cream had discovered Benson's body.

Starting point is 01:29:25 All the shades in the living room were down. At first, she thought Benson had fallen asleep in his chair, but when she saw the bullet hole and noticed that the electric lights had been switched off, she knew he was dead. She had gone at once to the telephone in the hall, and asking the operator for the police station, had reported the murder. She had then remembered Benson's brother, Major Anthony Benson, and had telephoned him also. He had arrived at the house almost simultaneously with the detectives from the West 47th Street Station.

Starting point is 01:30:03 He had questioned her a little, talked with the plain clothesmen, and gone away before the men from headquarters arrived. And now, Mrs. Platt, said Markham, glancing at the notes he had been making, One or two more questions, and we won't trouble you further. Have you noticed anything in Mr. Benson's actions lately that might lead you to suspect that he was worried, or, let us say, in fear of anything happening to him? No, sir, the woman answered readily. It looked like he was in special good humor for the last week or so. I noticed that most of the windows on this floor are barred. Was he particularly afraid of burglars or of people breaking in? Well, not exactly, was the hesitant reply,

Starting point is 01:30:59 but he did use to say as how the police were no good, begging your pardon, sir, and how a man in this city had to look out for himself if he didn't want to get held up. Markham turned to Heath with a chuckle. You might make a special note of that for your files, Sergeant. Then, to Mrs. Platz, Do you know of anyone who had a grudge against Mr. Benson?

Starting point is 01:31:27 Not a soul, sir, the housekeeper answered emphatically. He was a queer man in many ways, but everybody seemed to like him. He was all the time going to parties or giving parties. I just can't see why anybody'd want to kill him. Markham looked over his notes again. I don't think there's anything anything. else for the present. How about it, Sergeant? Anything further you want to ask? He's pondered for a moment. No, I can't think of anything more just now. But you, Mrs. Plaths, he added, turning a cold glance on the

Starting point is 01:32:07 woman, will stay here in this house till you're given permission to leave. We'll want to question you later, but you're not to talk to anyone else, understand? Two of my men will be here for a while yet. Vance, during the interview, had been jotting down something on the fly-leaf of a small pocket address book, and as Heath was speaking, he tore out the page and handed it to Markham. Markham glanced at it, frowningly, and pursed his lips. Then, after a few moments' hesitation, he addressed himself again to the housekeeper. You mentioned Mrs. Platt's that Mr. Benson was liked by everyone. Did you yourself like him? The woman shifted her eyes to her lap. Well, sir, she replied reluctantly, I was only working for him, and I haven't got any complaint

Starting point is 01:33:06 about the way he treated me. Despite her words, she gave the impression that she either disliked Benson extremely or greatly disapproved of him. Markham, however, did not push the point. And by the way, Mrs. Platz, he said next, did Mr. Benson keep any firearms about the house? For instance, do you know if he owned a revolver? For the first time, during the interview, the woman appeared agitated, even frightened. Yes, sir, I think he did, she admitted, in an unsteady voice. Where did he keep it? The woman glanced up apprehensively, and rolled her eyes slightly as if weighing the advisability of speaking frankly. Then she replied in a low voice,

Starting point is 01:33:59 in that hidden drawer there in the center table. You use that little brass button to open it with. Heath jumped up and pressed the button she'd indicated. A tiny, shallow drawer shot out, and in it lay a Smith and Weston-Thirty-eight revolver with an inlaid pearl handle. He picked it up, broke the carriage, and looked at the head of the cylinder.

Starting point is 01:34:25 Full, he said laconically. An expression of tremendous relief spread over the woman's features, and she sighed audibly. Markham had risen, and was looking at the revolver over Heath's shoulder. You'd better take charge of it, Sergeant, he said,

Starting point is 01:34:44 though I don't see exactly how it fits in with the case. He resumed his seat, and, glancing at the notation Vance had given him, turned again to the housekeeper. One more question, Mrs. Platz. You said Mr. Benson came home early and spent his time before dinner in this room. Did he have any callers during that time? I was watching the woman closely, and it seemed to me that she quickly compressed her lips. at any rate she sat up a little straighter in her chair before answering. There wasn't no one, as far as I know. But surely you would have known if the bell rang, insisted Markham.

Starting point is 01:35:27 You would have answered the door, wouldn't you? There wasn't no one, she repeated, with a trace of sullenness. And last night, did the doorbell ring at all after you had retired? No, sir. You would have heard it, even if you'd been asleep? Yes, sir. There's a bell just outside my door, the same as in the kitchen. It rings in both places.

Starting point is 01:35:53 Mr. Benson had it fixed that way. Markham thanked her and dismissed her. When she had gone, he looked at Vance, questioningly. What idea did you have in mind when you handed me those questions? I might have been a bit presumptuous, you know, said Vance, but when the lady was extolling the deceased popularity, I rather felt she was overdoing it a bit. There was an unconscious implication of antithesis in her eulogy, which suggested to me that she herself was not ardently enamored of the gentleman. And what put the notion of firearms in

Starting point is 01:36:35 your mind? That query, explained Vance, was a corollary of your own questions about, the barred windows, and Benson's fear of burglars. If he was in a funk about housebreakers or enemies, he'd be likely to have weapons at hand, eh what? Well, anyway, Mr. Vance, put in Heath, your curiosity unearthed a nice little revolver that's probably never been used. By-the-by, sergeant, returned Vance, ignoring the other's good-humoured sarcasm, adjust what do you make of that nice little revolver? Well, now, Heath replied with ponderous facetiousness, I deduct that Mr. Benson kept a pearl-handled Smith and Wesson

Starting point is 01:37:21 in a secret door of his centre table. You don't say, really, exclaimed Vance, in mock admiration, positively illuminating. Marker broke up this raillery. Why did you want to know about visitors, Vance? There obviously hadn't been anyone here. oh, just a whim of mine, I was assailed by an impulsive yearning to hear what La Plotz would say. Heath was studying Vance curiously. His first impressions of the man were being dispelled, and he had begun to suspect that beneath the others' casual and debonair exterior,

Starting point is 01:38:02 there was something of a more solid nature than he had at first imagined. He was not altogether satisfied with Vance's. explanations to Markham, and seemed to be endeavoring to penetrate to his real reasons for supplementing the district attorney's interrogation of the housekeeper. Heath was astute, and he had the worldly man's ability to read people. But Vance, being different from the men with whom he usually came in contact, was an enigma to him. At length, he relinquished his scrutiny and drew up his chair to the table with a spirited air. And now, Mr. Markham, he said crisply,

Starting point is 01:38:46 we'd better outline our activities so as not to duplicate our efforts. The sooner I get my men started, the better. Markham assented readily. The investigation is entirely up to you, Sergeant. I'm here to help wherever I'm needed. That's very kind of you, sir. Heath returned, but it looks to me as though there'd be enough work for all, parties. Suppose I get to work on running down the owner of the handbag and send some of my men out

Starting point is 01:39:18 scouting among Benson's nightlife cronies. I can pick up some names from the housekeeper, and there'll be a good starting point. And I'll get after that Cadillac, too. Then we ought to look into his lady friends. I guess he had enough of them. I may get something out of the major along that line, supplied Markham. He'll tell me anything I want to know, and I can also look into Benson's Business Associates, through the same channel. I was going to suggest that you could do that better than I could. Heath rejoined. We ought to run into something pretty quick. That'll give us a line to go on, and I've got an idea that when we locate the lady he took to dinner last night and brought back here, we'll know a lot more than we do now. Or a lot less.

Starting point is 01:40:08 murmured Vance. He looked up quickly and grunted with an air of massive petulance. Let me tell you something, Mr. Vance, he said, since I understand you want to learn something about these affairs, when anything goes seriously wrong in this world, it's pretty safe to look for a woman in the case. Ah, yes, smiled Vance. Cherche la Fame, an aged notion.

Starting point is 01:40:35 Even the Romans labored under the superstition. They expressed it with Dukes Femina Fakti. However they expressed it, retorted Heath, they had the right idea, and don't let them tell you different. Again, Markham diplomatically intervened. That point will be settled very soon, I hope. And now, Sergeant, if you've nothing else to suggest, I'll be getting along. I told Major Benson I'd see him at lunchtime, and I may have some news for you by tonight. "'Right,' assented Heath.

Starting point is 01:41:09 "'I'm going to stick around here a while "'and see if there's anything I overlooked. "'I'll arrange for a guard outside, "'and also for a man inside, "'to keep an eye on the Plattswoman. "'Then I'll see the reporters "'and let them in on the Cadillac "'and Mr. Vance's mysterious revolver

Starting point is 01:41:27 "'in the secret drawer. "'I guess that ought to hold him. "'If I find out anything, I'll phone you.' "'When he had shaken hands with the district attorney, he turned to Vance. "'Good-bye, sir,' he said pleasantly, much to my surprise, and to Markham's, too, I imagine. "'I hope you learned something this morning.'

Starting point is 01:41:48 "'You'd have been positively dumbfounded, Sergeant, at all I did learn,' Vance answered carelessly. Again I noticed the look of shrewd scrutiny in Heath's eyes, but in a second it was gone. "'Well, I'm glad of that,' was his perfunctory reply. Markham, Vance, and I went out, and the patrolman on duty hailed a taxi cab for us. So that's the way our lofty gendarmerie approaches the mysterious wherefores of criminal enterprise, eh? Mused Vance, as we started on our way across town.

Starting point is 01:42:28 Markham, old dear, how do those robust lads ever succeed in running down a culprit? You have witnessed only the bearer. preliminaries, Markham explained. There are certain things that must be done as a matter of routine, ex-abundantia-coutle, as we lawyers say. But my word, such technique, sighed Vance. Ah, well, quantum est in rebus in anna, as we laymen, say. You don't think much of Heath's capacity, I know,

Starting point is 01:43:02 Markham's voice was patient, but he's a clever man, and one that it's very easy to underestimate. I dare say, murmured Vance. Anyway, I'm deuced grateful to you and all that, for letting me behold the solemn proceedings. I've been vastly amused, even if not uplifted. Your official Esculapius rather appealed to me, you know, such a brisk, unemotional chap,

Starting point is 01:43:31 and utterly unimpressed with the corpse. He really should have taken up crime in a serious way, instead of studying medicine. Markham lapsed into gloomy silence, and sat, looking out of the window, in troubled meditation, until we reached Vance's house. I don't like the look of things,

Starting point is 01:43:51 he remarked as we drew up to the curb. I have a curious feeling about this case. Vance regarded him a moment from the corner of his eye. See here, Markham, he said with unwonted seriousness, haven't you any idea who shot Benson? Markham forced a faint smile. I wish I had. Crimes of willful murder are not so easily solved,

Starting point is 01:44:17 and this case strikes me as a particularly complex one. Fancy now, said Vance, as he stepped out of the machine, and I thought it extraordinarily simple. End of Chapter 4. Chapter 5 of the Benson Murder Case by SS Van Dyne. This Librevox recording is in the public domain. Gathering information.

Starting point is 01:44:51 Saturday, June 15, 4 noon. You will remember the sensation caused by Elvin Benson's murder. It was one of those crimes that appeal irresistibly to the popular imagination. Mystery is the basis of all romance, and about the Benson case there hung an impenetrable aura of mystery. It was many days before any definite light was shed on the circumstances surrounding the shooting, but numerous Ignis Fatui arose to beguile the public's imagination and wild speculations were heard on all sides. Alvin Benson, while not a romantic figure in any respect, had been well known, and his personality had been a colorful and spectacular one.

Starting point is 01:45:43 He had been a member of New York's wealthy bohemian social set. An avid sportsman, a rash gambler, a professional man-about town, and his life, led on the borderland of the demi-monde, had contained many highlights. His exploits in the nightclubs and cabarets had long supplied the subject matter for exaggerated stories and comments in the various local papers and magazines. which batten on Broadway's scandal-mongers. Benson and his brother Anthony had, at the time of the former's sudden death, been running a brokerage office at 21 Wall Street,

Starting point is 01:46:28 under the name of Benson and Benson. Both were regarded by the other brokers of the street as shrewd businessmen, though perhaps a shade unethical when engaged by the Constitution and bylaws of the New York stock exchange. They were markedly contrasted as to temperament and taste, and saw little of each other outside the office. Alvin Benson devoted his entire leisure to pleasure-seeking, and was a regular patron of the city's leading cafes, whereas Anthony Benson, who was the older, and had served as a major in the late war, followed a sedate and conventional existence, spending most of his evenings quietly at his clubs. Both, however, were popular in their respective circles,

Starting point is 01:47:20 and between them they had built up a large clientele. The glamour of the financial district had much to do with the manner in which the crime was handled by the newspapers. Moreover, murder had been committed at a time when the Metropolitan Press was experiencing a temporary lull in sensationalism, and the story was spread over the front pages of the papers, with a prodigality rarely encountered in such cases. Footnote 8. Even the famous Elwell case, which came several years later and bore certain points of similarity to the Benson case, created no greater sensation, despite the fact that Elwell was more widely known than Benson, and the persons involved were more.

Starting point is 01:48:11 more prominent socially. Indeed, the Benson case was referred to several times in descriptions of the Elwell case, and one anti-administration paper regretted editorially that John F.X. Markham was no longer District Attorney of New York. Eminent detectives throughout the country were interviewed by enterprising reporters. Histories of famous unsolved murder cases were revived, and clairvoyance and astrologers were engaged by the Sunday editors to solve the mystery by various metaphysical devices. Photographs and detailed diagrams were the daily accompaniments of these journalistic outpourings. In all the news stories, the gray Cadillac and the Pearl-handled Smith-and-Wesson were featured. There were pictures of Cadillac cars, touched up and reconstructed to accord

Starting point is 01:49:12 with patrolman McLaughlin's description, some of them even showing the fishing tackle protruding from the tonneau. A photograph of Benson's center table had been taken with the secret drawer enlarged and reproduced in an inset. One Sunday magazine went so far as to hire an expert cabinet maker to write a dissertation on secret compartments in furniture. The Benson case from the outset had been sent. proven a trying and difficult one from the police standpoint.

Starting point is 01:49:47 Within an hour of the time that Vance and I had left the scene of the crime, a systematic investigation had been launched by the men of the Homicide Bureau in charge of Sergeant Heath. Benson's house was again gone over thoroughly, and all his private correspondence read, but nothing was brought forth that could throw any light on the tragedy. No weapon was found, aside from Benson's own Smith and Wesson. And though all the window grills were again inspected,

Starting point is 01:50:20 they were found to be secure, indicating that the murderer had either let himself in with a key or else been admitted by Benson. Heath, by the way, was unwilling to admit this latter possibility, despite Mrs. Platz's positive assertion that no other person besides herself and Benson had a key. Because of the absence of any definite clue,

Starting point is 01:50:46 other than the handbag and the gloves, the only proceeding possible was the interrogating of Benson's friends and associates in the hope of uncovering some fact which would furnish a trail. It was by this process also that Heath hoped to establish the identity of the owner of the handbag.

Starting point is 01:51:07 A special effort was therefore made to ascertain where Benson had spent the evening. But, though many of his acquaintances were questioned, and the cafes where he habitually dined were visited, no one could at once be found who had seen him that night, nor, as far as it was possible to learn, had he mentioned to anyone his plans for the evening. Furthermore, no general information of a helpful nature came to light immediately, although the police pushed their inquiry with the utmost thoroughness. Benson apparently had no enemies. He had not quarreled seriously with anyone, and his affairs were reported in their usual orderly shape. Major Anthony Benson was naturally the principal person

Starting point is 01:51:57 looked to for information, because of his intimate knowledge of his brother's affairs, and it was in this connection that the district attorney's office did its chief functioning at the beginning of the case. Markham had lunched with Major Benson the day the crime was discovered, and though the latter had shown a willingness to cooperate, even to the detriment of his brother's character, his suggestions were of little value. He explained to Markham that, though he knew most of his brother's associates, he could not name anyone who would have any reason for committing such a crime or anyone who, in his opinion, would be able to help in leading the police to the guilty person. He admitted, frankly, however, that there was a side to his brother's life

Starting point is 01:52:47 with which he was unacquainted, and regretted that he was unable to suggest any specific way of ascertaining the hidden facts. But he intimated that his brother's relations with women were of a somewhat unconventional nature, and he ventured the opinion that there was a bare possibility of a motive being found in that direction. Pursuant of the few indefinite and unsatisfactory suggestions of Major Benson, Markham had immediately put to work two good men

Starting point is 01:53:23 from the detective division assigned to the district attorney's office, with instructions to confine their investigations to Benson's women acquaintances, so as not to appear in any way to be encroaching upon the activities of the central officemen. Also, as a result of Vance's apparent interest in the housekeeper at the time of the interrogation, he had sent a man to look into the woman's antecedents and relationships. Mrs. Platz, it was learned, had been born in a small Pennsylvania town of German parents, both of whom were dead, and had been a widow for over 16 years. Before coming to Benson, she had been with one family for 12 years,

Starting point is 01:54:10 and had left the position only because her mistress had given up housekeeping and moved into a hotel. Her former employer, when questioned, said she thought there had been a daughter, but had never seen the child and knew nothing of it. In these facts, there was nothing to take hold of, and Markham had merely filed the report as a matter of form. Heath had instigated a citywide search for the Grey Cadillac, although he had little faith in its direct connection with the crime, and in this the newspapers helped considerably by the extensive advertising given the car. One curious fact developed that fired the police with the hope that the Cadillac might indeed hold some clue to the mystery. A street cleaner, having read or heard about the fishing tackle in the machine,

Starting point is 01:55:05 reported the finding of two jointed fishing rods in good condition at the side of one of the drives in Central Park near Columbus Circle. The question was, were these rods part of the equipment patrolman McLaughlin had seen in the Cadillac? The owner of the car might conceivably have thrown them away in his flight, but on the other hand, they might have been lost by someone else while driving through the park. No further information was forthcoming, and on the morning of the day following the discovery of the crime, the case, so far as any definite progress toward a solution was concerned, had taken no perceptible forward step. That morning, Vance had sent Curry out to buy him every available newspaper, and he had spent over an hour perusing the various accounts of the crime. It was unusual for him

Starting point is 01:56:05 to glance at a newspaper, even casually, and I could not refrain from expressing my amazement at his sudden interest in a subject so entirely outside his normal routine. No, Van, old dear, he explained languidly, I am not becoming sentimental or even human, as that word is erroneously used today. I cannot say, with Terence, homo sum, humani nihil ame alienum, because I regard most things that are called human as decidedly alien to myself. But, you know, this little flurry in crime has proved rather interesting. Or, as the magazine writers say, intriguing, a beastly word.

Starting point is 01:56:57 Yvann, you really should read this precious interview with Sergeant Heath. He takes an entire column to say, I know nothing. A priceless lad. I'm becoming positively fond of him. It may be, I suggested, that Heath is keeping his true knowledge from the papers as a bit of tactical diplomacy. No, Vance returned with a sad wag of the head. No man has so little vanity that he would deliberately reveal himself to the world as a creature with no perceptible powers of human reason. as he does in all these morning journals, for the mere sake of bringing one murder to justice. That would be martyredom gone mad.

Starting point is 01:57:48 Markham, at any rate, may know or suspect something that hasn't been revealed, I said. Vance pondered a moment. That's not impossible, he admitted. He has kept himself modestly in the background in all this journalistic palaver, "'Suppose we look into the matter more thoroughly, a what?' "'Going to the telephone, he called the district attorney's office, "'and I heard him make an appointment with Markham for lunch at the Stuyvesant Club. "'What about that natalman statuette as Stiegletses?' I asked,

Starting point is 01:58:24 "'Remembering the reason for my presence at Vances that morning. "'I ain't?' "'A footnote, nine.' "'Vance, who had lived many years in England, frequently said ain't, a contraction which is regarded there more leniently than in this country. He also pronounced eight as if it were spelled et. And I cannot remember his ever using the word stomach or bug, both of which are under the social ban in England.

Starting point is 01:58:57 I ain't in the mood for Greek simplifications today, he answered, turning again to his newspapers. To say that I was surprised at his attitude is to express it mildly. In all my association with him, I had never known him to forego his enthusiasm for art in favor of any other divertisement, and heretofore anything pertaining to the law and its operations had failed to interest him. I realized, therefore, that something of an unusual nature was at work in his brain, and I refrained from further comment. Markham was a little late for the appointment at the club, and Vance and I were

Starting point is 01:59:43 already at our favourite corner table when he arrived. Well, my good lie courges, Vance greeted him, aside from the fact that several new and significant clues have been unearthed, and that the public may expect important developments in the very near future, and all that sort of Tosh, how are things really going? Markham smiled. I see you have been reading the newspapers. What do you think of the accounts? A typical, no doubt, replied Vance,

Starting point is 02:00:18 they carefully and painstakingly omit nothing but the essentials. Indeed, Markham's tone was jocular, and what, may I ask, do you regard as the essentials of the case? "'In my foolish amateur way,' said Vance, "'I looked upon dear Alvin's toupee "'as a rather conspicuous essential, don't you know?' "'Benson, at any rate, regarded it in that light, I imagine. "'Anything else?'

Starting point is 02:00:50 "'Well, there was the collar and the tie on the chiffonier.' "'And,' added Markham, chafingly, "'don't overlook the false teeth in the tumbler.' "'You're positively chorus, Caton,' Vance exclaimed. "'Yes, they too were an essential of the situation, "'and I'll warrant the incomparable Heath didn't even notice them. "'But the other Aristotle's present were equally sketchy in their observations. "'You weren't particularly impressed by the investigation yesterday, I take it,' said Markham.

Starting point is 02:01:28 "'On the contrary,' Vance assured him, I was impressed to the point of stupefaction. The whole proceedings constituted a masterpiece of absurdity. Everything relevant was sublimely ignored. There were at least a dozen point de parades, all leading in the same direction, but not one of them apparently was even noticed by any of the officiating port-parleur.

Starting point is 02:01:57 Everybody was too busy at such silly occupations as looking for cigarette ends and inspecting the ironwork at the windows. Those grills, by the way, were rather attractive, a Florentine design. Markham was both amused and ruffled. One's pretty safe with the police, Vance, he said. They get there, eventually. I simply adore your trusting nature, murmured Vance. But confide in me, what do you know regarding Benson's

Starting point is 02:02:31 murderer? Markham hesitated. This is, of course, in confidence, he said at length, but this morning, right after you phoned, one of the men I had put to work on the amatory end of Benson's life reported that he had found the woman who left her handbag and gloves at the house that night. The initials on the handkerchief gave him the clue, and he dug up some interesting facts about her. As I suspected, she was Benson's dinner companion that evening. She's an actress, a musical comedy, I believe, Muriel St. Clair by name. Most unfortunate, breathed Vance. I was hoping, you know, your Mermedons wouldn't discover the lady.

Starting point is 02:03:22 I haven't the pleasure of her acquaintance, or I'd send her a note of commiseration. Now, I presume, you'll play the juge d'instruction. and chivvy her most horribly what? I shall certainly question her, if that's what you mean. Markham's manner was preoccupied, and during the rest of the lunch we spoke but little. As we sat in the club's lounge room, later having our smoke,

Starting point is 02:03:51 Major Benson, who had been standing dejectedly at a window close by, caught sight of Markham and came over to us. He was a full-faced man. of about fifty, with grave kindly features, and a sturdy, erect body. He greeted Vance and me with a casual bow, and turned at once to the district attorney. Markham, I've been thinking things over constantly since our lunch yesterday, he said, and there's one other suggestion I think I might make. There's a man named Leander Fife, who was very close to Alvin, and it's possible he could give you some helpful

Starting point is 02:04:31 information. His name didn't occur to me yesterday, for he doesn't live in the city. He's on Long Island somewhere, Port Washington, I think. It's just an idea, and the truth is, I can't seem to figure out anything that makes sense in this terrible affair. He drew a quick, resolute breath, as if to check some involuntary sign of emotion. It was evident that the man, for all his habitual passivity of nature, was deeply moved. "'That's a good suggestion, Major,' "'Markham said, making a notation on the back of a letter. "'I'll get after it immediately.'

Starting point is 02:05:09 "'Vance, who, during this brief interchange, "'had been gazing unconcernedly out of the window, "'turned and addressed himself to the Major. "'How about Colonel Ostrander? "'I've seen him several times in the company of your brother.' "'Mager Benson made a slight gesture of deprecation. Only an acquaintance. He'd be of no value. Then he turned to Markham.

Starting point is 02:05:36 I don't imagine it's time even to hope that you've run across anything. Markham took his cigar from his mouth, and, turning it about in his fingers, contemplated it thoughtfully. I wouldn't say that, he said after a moment. I've managed to find out whom your brother dined with Thursday night, and I know that this person returned home. with him shortly after midnight. He paused, as if deliberating the wisdom of saying more, then, the fact is, I don't need a great deal more evidence than I've got already, to go before the grand jury and ask for an indictment. A look of surprised admiration flashed into

Starting point is 02:06:23 the Major's somber face. Thank God for that, Markham, he said, then setting his heavy jaw he placed his hand on the district attorney's shoulder. Go the limit, for my sake, he urged. If you want me for anything, I'll be here at the club till late. With this, he turned and walked from the room. It seems a bit cold-blooded to bother the major with questions, so soon after his brother's death, commented Markham. Still, the world has got to go on.

Starting point is 02:06:59 Vance stifled a yawn. Why, in heaven's name, he murmured, listlessly. End of Chapter 5. Chapter 6 of the Benson murder case by SS Van Dyne. This Librivox recording is in the public domain. Vance offers an opinion. Saturday, June 15, 2 p.m. We sat for a while, smoking in silence,

Starting point is 02:07:35 Vance gazing lazily out into Madison Square, Markham frowning deeply at the faded oil portrait of old Peter Stuyvesant that hung over the fireplace. Presently Vance turned and contemplated the district attorney with a faintly sardonic smile. I say, Markham, he drawled, it has always been a source of amazement to me. How easily you investigators of crime are misled by what you call clues. you find a footprint or a parked on mobile or a monogrammed handkerchief and then dash off on a wild chase with your eternal eke signum pon my word it's as if you japs were all under the spell of shill and shockers wouldn't you ever learn that crimes can't be solved by deductions based merely on material clues and circumstantial evidence i think markham was as much surprised as i met this sudden criticism yet we both knew vance well enough to realize that despite his placid and almost flippant tone there was a serious purpose behind his words would you advocate

Starting point is 02:08:59 ignoring all the tangible evidence of a crime? asked Markham a bit patronizingly. Most emphatically, Vance declared calmly, It's not only worthless, but dangerous. The great trouble with you chaps to see is that you approach every crime with a fixed and unshakable assumption that the criminal is either half-witted or a colossal bungler. I say, has it never by any chance occurred to you that if a detective could see a clue, the criminal would also have seen it, and would either have concealed it or disguised it, if he had not wanted it found?

Starting point is 02:09:46 And have you never paused to consider that anyone clever enough to plan and execute a successful crime these days is ipso facto, clever enough to manufacture whatever clues suit his purpose. Your detective seems wholly unwilling to admit that the surface appearance of a crime may be deliberately deceptive, or that the clues may have been planted for the definite purpose of misleading him. I'm afraid, Markham pointed out, with an air of indulgent irony, that we'd convict very few criminals if we were to ignore all indicative evidence, cogent circumstances,

Starting point is 02:10:33 and irresistible inferences. As a rule, you know, crimes are not witnessed by outsiders. That's your fundamental error, don't you know? Bance observed impassively. Every crime is witnessed by outsiders, just as is every work of art. The fact that no one sees the criminal,

Starting point is 02:10:57 or the artist actually at work is wholly inconsequential the modern investigator of crime would doubtless refuse to believe that rubens painted the descent from the cross in the cathedral at antwerp if there was sufficient circumstantial evidence to indicate that he had been away on diplomatic business for instance at the time it was painted and yet my dear fellow such a conclusion would be preposterous even if the inferences to the contrary were so irresistible as to be legally overpowering, the picture itself would prove, conclusively, that Rubens did paint it. Why? For the simple reason, Jesse, that no one but Rubens could have painted it. It bears the indelible imprint of his personality and genius, and his alone. I'm not an eschatian, Markham reminded him, a trifle testily. I'm merely a practical lawyer, and when it comes to determining the authorship of a crime,

Starting point is 02:12:09 I prefer tangible evidence to metaphysical hypotheses. Your preference, my dear fellow, Vance returned, blandly, will inevitably involve you in all manner of embarrassing errors. He slowly lit another cigarette and blew a wreath of smoke toward the ceiling. Consider, for example, your conclusions in the present murder case. He went on in his emotionless drawl. You are laboring under the grave misconception that you know the person who probably killed the unspeakable Benson. You admitted as much to the major. And you told him you had nearly enough evidence to ask,

Starting point is 02:12:54 for an indictment. No doubt you do possess a number of what the learned solons of today regard as convincing clues. But the truth is, don't you know, you haven't your eye on the guilty person at all? You're about to be devil some poor girl who had nothing whatever to do with the crime. Markham swung about sharply. So, he retorted, I'm about to be devil an indebted. I'm about to be devil an innocent person, eh? Since my assistants and I are the only ones who happen to know what evidence we hold against her, perhaps you will explain by what occult process you acquired your knowledge of this person's innocence.

Starting point is 02:13:40 It's quite simple, you know, Vance replied, with a quizzical twitch of the lips. You haven't your eye on the murderer for the reason that the person who committed this particular crime was sufficiently shrewd and perspicacious to see to it that no evidence which you or the police were likely to find would even remotely indicate his guilt. He had spoken with the easy assurance of one who enunciates an obvious fact, a fact which permits of no argument. Markham gave a disdainful laugh. "'No law-breaker,' he asserted oracularly, is shrewd enough to see all contingencies. Even the most trivial event has so many intimately related and serrated points of contact with other events which precede and follow, that it is a known fact

Starting point is 02:14:38 that every criminal, however long and carefully he may plan, leaves some loose end to his preparations which, in the end, betrays him. "'Unknown fact,' Vance repeated. "'No, my dear fellow, merely a conventional superstition, "'based on the childish idea of an implacable avenging nemesis. "'I can see how this esoteric notion "'of the inevitability of divine punishment "'would appeal to the popular imagination,

Starting point is 02:15:11 "'like fortune-telling, and Ouija boards, not to know. "'But, my word, it desolates me. to think that you, old chap, would give credence to such mystical moonshine. Don't let it spoil your entire day, said Markham accurately. Regard the unsolved or successful crimes that are taking place every day. Vance continued, disregarding the other's irony. Crimes which completely baffle the best detectives in the business what? The fact is the only crimes that.

Starting point is 02:15:48 that are ever solved are those planned by stupid people. That's why, whenever a man of even a moderate sagacity decides to commit a crime, he accomplishes it with but little difficulty, and fortified with the positive assurance of his immunity to discovery. Undetected crimes, scornfully submitted Markham, result in the main from official bad luck, not from superior criminal cleverness. Bad luck, Vance's voice was almost dulcet, is merely a defensive and self-consoling synonym for inefficiency. A man with ingenuity and brains is not harassed by bad luck.

Starting point is 02:16:36 No, Markham, old dear, unsolved crimes are simply crimes which have been intelligently planned and executions. and, you see, it happens that the Benson murder falls into that category. Therefore, when, after a few hours' investigation, you say you're pretty sure who committed it, you must pardon me if I take issue with you. He paused and took a few meditative puffs on his cigarette. The factitious and casuistic methods of deduction, you chaps pursue, are apt to lead almost anywhere, in proof of which assertion I point triumphantly to the

Starting point is 02:17:19 unfortunate young lady whose liberty you are now plotting to take away. Markham, who had been hiding his resentment behind a smile of tolerant contempt, now turned on Vance and fairly glowered. It so happens, and I'm speaking ex-cathedra, he proclaimed defiantly, that I come pretty near having the goods on your unfortunate young lady. Vance was unmoved, and yet, you know, he observed dryly, no woman could possibly have done it. I could see that Markham was furious.

Starting point is 02:18:01 When he spoke, he almost spluttered. A woman couldn't have done it, eh, no matter what the evidence? Quite so, Vance rejoined, placidly. not if she herself swore to it and produced a tome of what your sions of the law term, rather pompously incontrovertible evidence. Ah, there was no mistaking the sarcasm of Markham's tone. I am to understand then that you even regard confessions as valueless. Yes, my dear Justinian, the other responded with an air of complacency,

Starting point is 02:18:41 I would have you understand precisely that. Indeed, they are worse than valueless. They're downright misleading. The fact that occasionally they may be proved to be correct, like women's preposterously overrated intuition, renders them just so much more unreliable. Markham grunted disdainfully. Why should any person confess something

Starting point is 02:19:11 to his detriment unless he felt that the truth had been found out or was likely to be found out. Upon my word, Markham, you astound me. Permit me to murmur, privatissime at gratis, into your innocent ear, that there are many other presumable motives for confessing. A confession may be the result of fear, or duress, or expediency, or mother-love or chivalry, or what the psychoanalysts call the inferiority complex, or delusions, or a mistaken sense of duty, or a perverted egotism, or sheer vanity, or any other of a hundred causes. The confessions are the most treacherous and unreliable of all forms of evidence, and even the silly and unscientific law repudiates. them, in murder cases, unless substantiated by other evidence. You are eloquent. You ring me, said Markham. But if the law threw out all confessions

Starting point is 02:20:24 and ignored all material clues, as you appear to advise, then society might as well close down all its courts and scrap all its jails. A typical non-secretor of legal logic, Vance replied. But how would you convict the guilty, may I ask? There is one infallible method of determining human guilt and responsibility, Vance

Starting point is 02:20:52 explained. But, as yet, the police are as blissfully unaware of its possibilities as they are ignorant of its operations. The truth can be learned only by an analysis of the psychological

Starting point is 02:21:08 factors of a crime and an application of them to the individual. The only real clues are psychological, not material. Your truly profound art expert, for instance, does not judge and authenticate pictures by an inspection of the underpainting and a chemical analysis of the pigments, but by studying the creative personality revealed in the picture's conception, and execution. He asks himself, does this work of art embody the qualities of form and technique and mental attitude that made up the genius, namely the personality, of Rubens or Michelangelo, or Veronese, or Titian, or Tintoretto, or whoever may be the artist, to whom the work has been

Starting point is 02:22:05 tentatively credited. My mind is, I fear, Markham confessed, still sufficiently primitive to be impressed by vulgar facts. And, in the present instance, unfortunately, for your most original and artistic analogy, I possess quite an array of such facts, all of which indicate that a certain young woman is the, as shall we say,

Starting point is 02:22:32 a creator of the criminal opus, entitled The Murder of Alvin Benson. Vance shrugged his shoulders, almost imperceptively. Would you mind telling me, in confidence, of course, what these facts are? Certainly not, Markham exceeded. Impremise, the lady was in the house at the time the shot was fired. Vance affected. incredulity. Eh, my word!

Starting point is 02:23:05 She was actually there. Most extraordinary. The evidence of her presence is unassailable, pursued Markham. As you know, the gloves she wore at dinner, and the handbag she carried with her were both found on the mantle in Benson's living-room. Oh, murmured Vance, with a faintly deprecating smile. It was not the lady, then, but her gloves and bag, which were present. present. A minute and unimportant distinction, no doubt, from the legal point of view.

Starting point is 02:23:38 Still, he added, I deplore the inability of my layman's untutored mind to accept the two conditions as identical. My trousers are at the dry-cleaners. Therefore, I am at the dry-cleaners. What? Markham turned on him with considerable warmth. Does it mean duffing, in the way of evidence, even to your layman's mind, that a woman's intimate and necessary articles, which she has carried throughout the evening, are found in her escort's quarters the following morning. In admitting that it does not, Vance acknowledged quietly, I no doubt expose a legal perception lamentably inefficient. But since the lady certainly wouldn't have carried these particular objects

Starting point is 02:24:28 during the afternoon, and since she couldn't have called at the house that evening during Benson's absence without the housekeeper knowing it, how, may one ask, did these articles happen to be there the next morning if she herself did not take them there late that night? Upon my word, I haven't the slightest notion, Vance rejoined. The lady herself could doubtless appease your curiosity, but there are any number of possible explanations, you know? Our departed Chesterfield might have brought them home in his coat pocket. Women are eternally handing men all manner of gie-gaws and bundles to carry for them, with the cooing request. Can you put this in your pocket for me?

Starting point is 02:25:17 Then again, there is the possibility that the real murderer secured them in some way, and placed them on the mantle deliberately to mislead the poli tally. Women don't to know, never put their belongings in such neat out-of-the-way places as mantles and hat-racks, they invariably throw them down on your favourite chair or your centre-table. And, I suppose, Markham interjected, Benson also brought the lady's cigarette-buts home in his pocket. Stranger things have happened, returned Vance equably. Though I shan't accuse him of it in this instance,

Starting point is 02:25:58 the cigarette but may, you know, be evidence of a previous conversazione. Even your despised Heath, Markham informed him, had sufficient intelligence to ascertain from the housekeeper that she sweeps out the grate every morning. Vance sighed, admiringly. You're so thorough, aren't you? But I say that can't be, by any chance, your only evidence against the lady? "'By no means,' Markham assured him, "'but, despite your superior distrust, "'it's good corroboratory evidence, nevertheless.

Starting point is 02:26:38 "'I dare say,' Vance agreed, "'seeing with what frequency "'innocent persons are condemned in our courts. "'But tell me more.' "'Markham proceeded with an air of quiet self-assurance. "'My man learned, of first, "'that Benson dined alone with this woman at the Marseille, a little bohemian restaurant in West 40th Street.

Starting point is 02:27:03 Secondly, that they quarreled. And thirdly, that they departed at midnight, entering a taxi cab together. Now, the murder was committed at 12.30. But since the lady lives on Riverside Drive in the 80s, Benson couldn't possibly have accompanied her home, which, obviously, he would have done, had he not taken her to his own house, and returned by the time the shot was fired. But we have further proof, pointing to her being at Benson's.

Starting point is 02:27:37 My man learned at the woman's apartment house that, actually, she did not get home until shortly after one. Moreover, she was without her gloves and handbag, and had to be let into her rooms with a pass-key, because, as she explained, she had lost hers. As you remember, we found the key in her bag. And, to clinch the whole matter, the smoked cigarettes in the great corresponded

Starting point is 02:28:08 to the one you found in her case. Markham paused to relight his cigar. So much for that particular evening, he resumed. As soon as I learned the woman's identity this morning, I put two more men to work on her private life. Just as I was leaving the office this noon, the men phoned in their reports. They had learned that the woman has a fiancé,

Starting point is 02:28:36 a chap named Leacock, who was a captain in the army, and who would be likely to own just such a gun as Benson was killed with. Furthermore, this Captain Leacock lunched with the woman the day of the murder, and also called on her at her apartment the morning after. Markham leaned slightly forward, and his next words were emphasized by the tapping of his fingers on the arm of the chair. As you see, we have the motive, the opportunity, and the means.

Starting point is 02:29:12 Perhaps you will tell me now that I possess no incriminating evidence. "'My dear Markham,' Vance affirmed calmly, "'you haven't brought out a single point "'which could not easily be explained away "'by any bright schoolboy.' "'He shook his head lugubriously, "'and on such evidence people are deprived of their life and liberty. "'Upon my word, you alarm me.

Starting point is 02:29:38 "'I tremble for my personal safety.' "'Markham was nettled. "'Would you be so good as to point out, from your dizzy pinnacle of sapience the errors in my reasoning. As far as I can see, returned Vance evenly, your particularization concerning the lady is innocent of reasoning. You've simply taken several unaffirmed facts and jumped to a false conclusion. I happen to know the conclusion is false because all the psychological indications of the crime

Starting point is 02:30:15 contradict it. That is to say, the only real evidence in the case points, unmistakably, in another direction. He made a gesture of emphasis, and his tone assumed an unwanted gravity. And if you arrest any woman for killing Alvin Benson, you will simply be adding another crime, a crime of deliberate and unpardonable stupidity, to the one already committed. between shooting a bounder-like Benson and ruining an innocent woman's reputation, I'm inclined to regard the latter as the more reprehensible. I could see a flash of resentment leap into Markham's eyes, but he did not take offense. Remember, these two men were close friends, and, for all their divergency of nature,

Starting point is 02:31:09 they understood and respected each other. Their frankness, severe, and even mordant, at times, was indeed a result of that respect. There was a moment's silence. Then, Markham forced a smile. You fill me with misgivings, he averred, mockingly. But despite the lightness of his tone, I felt that he was half in earnest. However, I hadn't exactly planned to arrest the lady just yet.

Starting point is 02:31:40 You reveal commendable restraint, Vance complimented him, but I'm sure you've already arranged to belly-rag the lady, and perhaps trick her into one or two of those contradictions so dear to every lawyer's heart, just as if any nervous or high-strung person could help indulging in apparent contradictions, while being cross-questioned as a suspect in a crime they had nothing to do with, to put them on the grill, the most accurate designation, so reminiscent of burning people at the stake. What? Well, I'm most certainly going to question her, replied Markham firmly, glancing at his watch, and one of my men is escorting her to the office in half an hour, so I must break up this most delightful and edifying chat. You really expect to learn something incriminating by interrogating her, asked Vance. You know, I'd jolly well like to witness your humiliation,

Starting point is 02:32:43 but I presume your heckling of suspects is a part of the legal arcana. Markham had risen and turned towards the door, but at Vance's words, he paused and appeared to deliberate. I can't see any particular objection to your being present, he said, if you really care to come. I think he had an idea that the humiliation of which the other had spoken would prove to be Vance's own. And soon we were in a taxi cab headed for the criminal courts building.

Starting point is 02:33:20 End of Chapter 6. Chapter 7 of the Benson Murder Case by SS Van Dyne. This Libervox recording is in the public domain. Reports and an interview. Saturday, June 15, 3 p.m. We entered the ancient building with its discolored marble pillars and balustrade. and its old-fashioned iron scroll work by the Franklin Street door, and went directly to the district attorney's office on the fourth floor.

Starting point is 02:34:00 The office, like the building, breathed an air of former days, its high ceilings, its massive golden oak woodwork, its elaborate low-hung chandelier of bronze and china, its dingy bay walls of painted plaster, and its four high, narrow windows to the south all bespoke a departed era in architecture and decoration. On the floor was a large velvet carpet rug of dingy brown, and the windows were hung with velour draperies of the same color. Several large, comfortable chairs stood about the walls,

Starting point is 02:34:42 and before the long oak table in front of the district attorney's desk, This desk, directly under the windows and facing the room, was broad and flat, with carved uprights and two rows of drawers extending to the floor. To the right of the high-backed swivel desk chair was another table of carved oak. There were also several filing cabinets in the room and a large safe. In the center of the east wall, a leather-covered door, decorated with large brass nail heads, led into a long, narrow room between the office and the waiting room, where the district attorney's secretary and several clerks had their desks.

Starting point is 02:35:31 Opposite to this door was another one, opening into the district attorney's inner sanctum, and still another door, facing the windows, gave on the main corridor. Vance glanced over the room casually. So this is the matrix of municipal justice, a what? He walked to one of the windows and looked out upon the grey circular tower of the tombs opposite. And there, I take it, are the Obliette, where the victims of our law are incarcerated, so as to reduce the competition of criminal activity among the remaining citizenry. I'm of distress in sight, Markham.

Starting point is 02:36:15 The district attorney had sat. down at his desk and was glancing at several notations on his blotter. "'There are a couple of my men waiting to see me,' he remarked without looking up. "'So if you'll be good enough to take a chair over here, I'll proceed with my humble efforts to undermine society still further.' He pressed a button under the edge of his desk, and an alert young man with thick-lensed glasses appeared at the door. Swacker tell Phelps to come in, Markham ordered, and also tell Springer, if he's back from lunch, that I want to see him in a few minutes.

Starting point is 02:36:55 The secretary disappeared, and a moment later a tall, hawk-faced man with stooped shoulders and an awkward angular gait entered. What news? asked Markham. Well, Chief, the detective replied in a low-grating voice. I just found out something I thought you could use right away. After I reported this noon, I ambled around to this Captain Lecox house, thinking I might learn something from the house boys, and ran into the captain coming out. I told along, and he went straight up to the ladies' house on the drive,

Starting point is 02:37:36 and stayed there over an hour. Then he went back home looking worried. Markham considered a moment. It may mean nothing at all, but I'm glad to know it anyway. The faint Claire will be here in a few minutes, and I'll find out what she has to say. There's nothing else for today. Tell Swacker to send Tracy in. Tracy was the antithesis of Phelps.

Starting point is 02:38:02 He was short, a trifle stout, and exuded an atmosphere of studied sobity. His face was rotund and genial. He wore a pasnay, and his clothes were much. modish and fitted him well. Good morning, Chief. He greeted Markham in a quiet, ingratiating tone. I understand the St. Clairwoman is to call here this afternoon, and there are a few things I've found out that may assist in your questioning.

Starting point is 02:38:31 He opened a small notebook and adjusted his past name. I thought I might learn something from her singing teacher, an Italian formerly connected with the Metropolitan, but now running a sort of choral society of his own. He trains aspiring prima donnas in their roles with a chorus and settings, and Miss St. Clair is one of his pet students. He talked to me without any trouble, and it seems he knew Benson well. Benson attended several of St. Clair's rehearsals,

Starting point is 02:39:06 and sometimes called for her in a taxi cab. Rinaldo, that's the man's name, thinks he had a bad crush on the girl. Last winter, when she sang at the Criterion in a small part, Rinaldo was backstage coaching, and Benson sent her enough hot-house flowers to fill the stars' dressing-room and have some left over. I tried to find out if Benson was playing the angel for her, but Rinaldo either didn't know or pretended he didn't. Tracy closed his notebook and looked up.

Starting point is 02:39:44 That any good to you, Chief? A first rate, Markham told him. Keep at work along that line, and let me hear from you again about this time Monday. Tracy bowed, and as he went out, the secretary again appeared at the door. Springer's here now, sir. He said, shall I send him in? Springer proved to be a type of detective quite different from either Phelps or Tracy. He was older and had the gloomy, capable air of a hard-working bookkeeper in a bank.

Starting point is 02:40:19 There was no initiative in his bearing, but one felt that he could discharge a delicate task with extreme competency. Markham took from his pocket the envelope on which he had noted the name given him by Major Benson. Springer, there's a man down on Long Island that I want to interview as soon as possible. It's in connection with the Benson case, and I wish you'd locate him and get him up here as soon as possible. If you can find him in the telephone book, you needn't go down personally. His name is Leander Fife, and he lives, I think, at Port Washington. Markham jot it down the name on a card and handed it to the detective. This is Saturday, so if he comes to town tomorrow,

Starting point is 02:41:08 have him ask for me at the Stuyvesant Club. I'll be there in the afternoon. When Springer had gone, Markham again rang for his secretary and gave instructions that the moment Miss St. Clair arrived, she was to be shown in. Sergeant Heath is here, Swacker informed him, and wants to see you if you're not too busy.

Starting point is 02:41:29 Markham glanced at the clock over the door, "'I guess I'll have time, send him in.' "'Heath was surprised to see Vance and me in the district attorney's office, "'but after greeting Markham with the customary handshake, "'he turned to Vance with a good-natured smile. "'Still acquiring knowledge, Mr. Vance.' "'Can't say that I am, Sergeant,' returned Vance lightly, "'but I'm learning a number of most interesting errors.

Starting point is 02:41:59 "'How goes the slu-thewson?' Heath's face became suddenly serious. That's what I'm here to tell the chief about. He addressed himself to Markham. This case is a jawbreaker, sir. My men and myself have talked to a dozen of Benson's cronies, and we can't worm a single fact of any value out of them. They either don't know anything,

Starting point is 02:42:25 or they're giving a swell imitation of a lot of clams. They all appear to be greatly shocked, bowled over, floored, flabbergasted by the news of the shooting. And have they got any idea as to why or how it happened? They'll tell the world that they haven't. You know the line of talk. Who'd want to shoot good old owl? Nobody could have done it but a burglar who didn't know good old owl. If he'd known good old owl, even the burglar would.

Starting point is 02:42:59 wouldn't have done it. Hell, I felt like killing off a few of those birds myself, so they could go and join their good old owl. Any news of the car? asked Markham. Heath grunted his disgust. Not a word. And that's funny, too, seeing all the advertising it got. Those fishing rods are the only thing we've got. The inspector, by the way, sent me the post-mortem report this morning. But it didn't tell you. us anything we didn't know. Translated into human language, it says Benson died from a shot in the head with all his organs sound. It's a wonder, though, they didn't discover that he'd been poisoned with a Mexican bean, or bit by an African snake or something, so as to make the case

Starting point is 02:43:49 a little more intricate than it already is. Cheer up, Sergeant, Markham exhorted him. I've had a little better luck. Tracy ran down the owner of the handbag and found out she'd been to dinner with Benson that night. He and Phelps also learned a few other supplementary facts that fit in well, and I'm expecting the lady here at any minute. I'm going to find out what she has to say for herself. An expression of resentment came into Heath's eyes as the district attorney was speaking, but he erased it at once and began asking questions. Markham gave him every detail and also informed him of Leander Fife. I'll let you know immediately how the interview comes out, he concluded.

Starting point is 02:44:40 As the door closed on Heath, Vance looked up at Markham with a sly smile, not exactly one of Nietzsche's Euber mention a what. I fear the subtleties of this complex world, to bemuse him a bit, you know, and he's so disappointed. I felt positively elated when the bustling lad with the thick glasses announced his presence. I thought, surely he wanted to tell you he had jailed at least six of Benson's murderers. Your hopes run too high, I fear, commented Markham. And yet, that's the usual procedure, if the headlines in our great moral dailies are to be credited.

Starting point is 02:45:24 I always thought that the moment a crime was committed, the police began arresting people promiscuously to maintain the excitement, don't you know? Another illusion gone. Sad, sad, he murmured. I shan't forgive our heath. He has betrayed my faith in him. At this point, Markham's secretary came to the door

Starting point is 02:45:46 and announced the arrival of Miss St. Clair. I think we were all taken a little aback at the spectacle presented by this young woman, as she came slowly into the room with a firm, graceful step, and with her head held slightly to one side in an attitude of supercilious inquiry. She was small and strikingly pretty,

Starting point is 02:46:11 although pretty is not exactly the word with which to describe her. She possessed that faintly exotic beauty that we find in the portraits of Karachi, who sweetened the severity of Leonardo and made it at once intimate and decadent. Her eyes were dark and widely spaced, her nose was delicate and straight, her forehead broad. Her full sensuous lips were almost sculpturesque in their linear precision, and her mouth wore an enigmatic smile or hint of a

Starting point is 02:46:47 smile. Her rounded, firm chin was a bit heavy when examined apart from the other features, but not in the ensemble. There was poise and a certain strength of character in her bearing, but one sensed the potentialities of powerful emotions beneath her exterior calm. Her clothes harmonized with her personality. They were quiet, and apparently in the conventional style, but a touch of color and originality here and there conferred on them a fascinating distinction. Markham rose and bowing with formal courtesy indicated a comfortable upholstered a chair directly in front of his desk. With a barely perceptible nod, she glanced at the chair and then seated herself in a straight, armless chair, standing next to it. You won't mind, I'm sure, she said.

Starting point is 02:47:47 If I choose my own chair for the Inquisition? Her voice was low and resonant, the speaking voice of the highly trained singer. She smiled as she spoke, but it was not a cordial smile. It was cold and distant, yet somehow indicative of levity. Miss St. Clair began Markham in a tone of polite severity. The murder of Mr. Elvin Benson has intimately involved your yourself. Before taking any definite steps, I have invited you here to ask a few questions. I can, therefore, advise you, quite honestly, that frankness will best serve your interests.

Starting point is 02:48:31 He paused, and the woman looked at him with an ironically questioning gaze. Am I supposed to thank you for your generous advice? Markham's scowl deepened as he glanced down at a typewritten paper, on his desk. You are probably aware that your gloves and handbag were found in Mr. Benson's house the morning after he was shot. I can understand how you might have traced the handbag to me, she said. But how did you arrive at the conclusion that the gloves were mine? Markham looked up sharply. Do you mean to say the gloves are not yours? Oh, no, she gave him another wintery smile. I merely wondered how you knew they belonged to me, since you couldn't have known either

Starting point is 02:49:22 my taste in gloves or the size I wore. They're your gloves, then. If they are trefuss-size-five-and-three-quarters of white kid and elbow length, they are certainly mine. And I'd so like to have them back, if you don't mind. I'm sorry, said Markham, but it is necessary that I keep them, for the present. She dismissed the matter with a slight shrug of the shoulders. Do you mind if I smoke? she asked. Markham instantly opened a drawer of his desk and took out a box of Benson and Hedges' cigarettes. I have my own, thank you, she informed him. But I would so appreciate my holder. I've missed it horribly. Markham hesitated. He was manifestly annoyed by the woman's attitude. I'll be glad to lend it to you, he compromised, then reaching into another drawer of his desk.

Starting point is 02:50:20 He laid the holder on the table before her. Now, Miss St. Clair, he said, resuming his gravity of manner, will you tell me how these personal articles of yours happened to be in Mr. Benson's living room? No, Mr. Markham, I will not. She answered, Do you realize the serious construction your refusal places upon the circumstances? I really hadn't given it much thought. Her tone was indifferent. It would be well if you did, Markham advised her. Your position is not an enviable one, and the presence of your belongings in Mr. Benson's room is by no means the only thing that connects you directly with the crime.

Starting point is 02:51:09 The woman raised her eyes inquiringly, and again the enigmatic smile appeared at the corners of her mouth. Perhaps you have sufficient evidence to accuse me of the murder. Markham ignored this question. You were well acquainted with Mr. Benson, I believe. The finding of my handbag and gloves in his apartment might lead one to assume as much mightn't it, she parried. He was, in fact, much interested in you, persisted Markham. She made a move, and sighed. Alas, yes.

Starting point is 02:51:49 Too much for my peace of mind. Have I been brought here to discuss the attentions this gentleman paid me? Again, Markham ignored her query. Where were you, Miss St. Clair, between the time you left the Marseilles at midnight, and the time you arrived home, which I understand was after one o'clock. You are simply wonderful, she exclaimed.

Starting point is 02:52:14 You seem to know everything. Well, I can only say that during that time I was on my way home. Did it take you an hour to go from 40th Street to 81st and Riverside Drive? Just about, I should say, a few minutes, more or less, perhaps. How do you account? for that. Markham was becoming impatient. I can't account for it, she said, except by the passage of time. Time does fly, doesn't it, Mr. Markham?

Starting point is 02:52:50 By your attitude, you are only working detriment to yourself, Markham warned her, with a show of irritation. Can you not see the seriousness of your position? You are known to have dined with Mr. Benson, to have left the restaurant, at midnight, and do have arrived at your own apartment after one o'clock. At 1230, Mr. Benson was shot, and your personal articles were found in the same room the morning after. It looks terribly suspicious, I know, she admitted, with whimsical seriousness. And I'll tell you this, Mr. Markham. If my thoughts could have killed Mr. Benson, he would have died long ago. I know I should not. I should not.

Starting point is 02:53:36 speak ill of the dead. There's a saying about it, beginning de mortuers, isn't there? But the truth is, I had reason to dislike Mr. Benson exceedingly. Then why did you go to dinner with him? I've asked myself the same question a dozen times since, she confessed dolefully. We women are such impulsive creatures, always doing things we shouldn't. But I know what you're thinking. if I had intended to shoot him, that would have been a natural preliminary. Isn't that what's in your mind? I suppose. All murderesses do go to dinner with their victims first.

Starting point is 02:54:20 While she spoke, she opened her vanity case and looked at her reflection in its mirror. She daintly adjusted several imaginary stray ends of her abundant dark brown hair and touched her arched eyebrows gently with her little finger as if to rectify some infinitesimal disturbance in their pencilled contour. Then she tilted her head, regarded herself appraisingly, and returned her gaze to the district attorney only as she came to the end of her speech. Her actions had perfectly conveyed to her listeners the impression that the subject of the conversation was in her scheme of things of secondary importance to her personal appearance. No words could have expressed her indifference so convincingly as had her little pantomar. Markham was becoming exasperated.

Starting point is 02:55:15 A different type of district attorney would no doubt have attempted to use the pressure of his office to force her into a more amenable frame of mind, but Markham shrank instinctively from the bludgeoning, threatening methods, of the ordinary public prosecutor, especially in his dealings with women. In the present case, however, had it not been for Vance's strictures at the club, he would no doubt have taken a more aggressive stand. But it was evident he was laboring under a burden of uncertainty, super-induced by Vance's words,

Starting point is 02:55:54 and augmented by the evasive deportment of the woman herself. After a moment's silence, he asked grimly, You did considerable speculating through the firm of Benson and Benson, did you not? A faint ring of musical laughter greeted this question. I see that the dear Major has been telling tales. Yes, I've been gambling most extravagantly, and I had no business to do it. I'm afraid I'm avaricious.

Starting point is 02:56:27 And is it not true? that you've lost heavily of late, that, in fact, Mr. Elvin Benson called upon you for additional margin and finally sold out your securities. I wish to heaven it were not true, she lamented, with a look of simulated tragedy.

Starting point is 02:56:47 Then am I supposed to have done away with Mr. Benson out of sorted revenge, or as an act of just retribution? She smiled archly and waited expectantly, as if her question had been part of a guessing game. Markham's eyes hardened, as he coldly enunciated his next words. Is it not a fact that Captain Philip Leacock owned just such a pistol as Mr. Benson was killed with, a 45-army cult automatic?

Starting point is 02:57:23 At the mention of her fiancée's name, she stiffened perceptibly and caught her breath. The part she had been playing fell from her, and a faint flush suffused her cheeks and extended to her forehead. But almost immediately she had reassumed her role of playful indifference. I never inquired into the make or calibre of Captain Leacock's firearms, she returned carelessly, and is it not a fact pursued markham's imperturbable voice that captain lecoq lent you his pistol when he called at your apartment on the morning before the murder it's most ungallant of you mr markham she reprimanded him coyly to inquire into the personal relations of an engaged couple for i am betrothed to captain leacock though you probably know it already. Markham stood up, controlling himself with effort. Am I to understand that you refuse to answer any of my questions,

Starting point is 02:58:32 or to endeavour to extricate yourself from the very serious position you're in? She appeared to consider. Yes, she said slowly. I haven't anything I care especially to say just now. Markham leaned over and rested both hands on the desk. Do you realize the possible consequences of your attitude? He asked ominously. The facts I know regarding your connection with the case,

Starting point is 02:59:03 coupled with your refusal to offer a single extenuating explanation, give me more grounds than I actually need to order your being held. I was watching her closely as he spoke, and it seemed to me that her eyelids drooped involuntarily, the merest fraction of an inch. But she gave no other indication of being affected by the pronouncement, and merely looked at the district attorney with an air of defiant amusement. Markham, with a sudden contraction of the jaw,

Starting point is 02:59:37 turned and reached toward a bell button beneath the edge of his desk. But in doing so, his glance fell upon Vance, and he paused indecisively. The look he had encountered on the other's face, was one of reproachful amazement. Not only did it express complete surprise at his apparent decision, but it stated, more eloquently than words could have done,

Starting point is 03:00:04 that he was about to commit an act of irreparable folly. There were several moments of tense silence in the room. Then calmly and unhurriedly, Miss St. Clair opened her vanity case and powdered her nose. When she had finished, she turned a serene gaze upon the district attorney. Well, do you want to arrest me now? She asked.

Starting point is 03:00:30 Markham regarded her for a moment, deliberating. Instead of answering at once, he went to the window and stood for a full minute looking down upon the bridge of size, which connects the criminal courts building with the tombs. No, I think not today, he said slowly. He stood a while longer. in absorbed contemplation, then, as if shaking

Starting point is 03:00:55 off his mood of irresolution, he swung about and confronted the woman. I'm not going to arrest you, yet, he reiterated a bit harshly, but I'm going to order you to remain in New York for the present, and if you

Starting point is 03:01:11 attempt to leave, you will be arrested. I hope that is clear. He pressed a button, and his secretary entered. Swacker, please escort Miss St. Clair downstairs and call a taxi-cab for her. Then you can go home yourself. She rose and gave Markham a little nod.

Starting point is 03:01:31 You were very kind to lend me my cigarette holder, she said pleasantly, laying it on his desk. Without another word, she walked calmly from the room. The door had no more than closed behind her when Markham pressed another button. In a few moments, the door leading into, to the outer corridor opened, and a white-haired, middle-aged man appeared. Ben, ordered Markham hurriedly,

Starting point is 03:01:59 have that woman that Swackers taking downstairs followed. Keep her under surveillance, and don't let her get lost. She's not to leave the city, understand? It's the St. Clair woman, Tracy dug up. When the man had gone, Markham turned and stood glowering at Vance. What do you think of your innocent young young, lady now, he asked, with an air of belligerent triumph. A nice gal, eh what? replied Vance, blandly. Extraordinary control. And she's about to marry a

Starting point is 03:02:33 professional military man. Ah, well, de gustibus, you know, I was afraid for a moment you were actually going to send for the manacles. And if you had, Markham, old dear, you'd have regretted it to your dying day. Markham studied him for a few seconds. He knew there was something more than a mere whim beneath Vance's servitude of manner, and it was this knowledge that had stayed his hand when he was about to have the woman placed in custody.

Starting point is 03:03:05 Her attitude was certainly not conducive to one's belief in her innocence, Markham objected. She played her part damned cleverly, though, but it was just the part a shrewd woman knowing herself guilty would have played. I say, didn't it occur to you? asked Vance, that perhaps she didn't care of tharthing, whether you thought her guilty or not?

Starting point is 03:03:32 That, in fact, she was a bit disappointed when you let her go. That's hardly the way I read the situation, returned Markham, whether guilty or innocent a person doesn't ordinarily invite arrest. By the by, asked Vance, where was the fortunate swain during the hour of Alvin's passing? Do you think we didn't check up on that point? Markham spoke with disdain. Captain Leacock was at his own apartment that night from eight o'clock on.

Starting point is 03:04:07 Was he really, airily retorted Vance, a most model young fella? Again, Markham looked at him sharply. I'd like to know what weird theory has been struggling in your brain today, he mused. Now that I've let the lady go temporarily, which is what you obviously wanted me to do, and have steltified my own better judgment in so doing, why not tell me, frankly, what you've got up your sleeve? Up my sleeve, such an inelegance metaphor.

Starting point is 03:04:45 One would think I was a little bit of a little bit of a little bit of. pressed a digitator, what? Whenever Vance answered in this fashion, it was a sign that he wished to avoid making a direct reply, and Markham dropped the matter. Anyway, he submitted, you didn't have the pleasure

Starting point is 03:05:04 of witnessing my humiliation, as you prophesied. Vance looked up in simulated surprise. Didn't I now? Then he added sorrowfully, Life is so full of disappointments, you know. End of Chapter 7. Chapter 8 of the Benson Murder Case by SS Van Dyne.

Starting point is 03:05:31 This Librivox recording is in the public domain. Vance accepts a challenge. Saturday, June 15, 4 p.m. After Markham had telephoned Heath the details of the interview, we returned to the Stuyvesant Club. Ordinarily, the district attorney's office shuts down at one o'clock on Saturdays, but today the hour had been extended

Starting point is 03:06:00 because of the importance attaching to Miss St. Clair's visit. Markham had lapsed into an introspective silence, which lasted until we were again seated in the alcove of the club's lounge room. Then he spoke, irritably. Damn it, I shouldn't have let her go. I still have a feeling she's guilty.

Starting point is 03:06:26 Vance assumed an air of gushing credulousness. Oh, really? I dare say you're so psychic. Been that way all your life, no doubt. And haven't you had lots and lots of dreams that came true? I'm sure you've often had a phone call from someone you were thinking about at the moment. a delectable gift. Do you read palms also? Why not have the ladies' horoscope cast? I have no evidence as yet, Markham retorted, that your belief in her innocence is founded on anything more substantial than your impressions.

Starting point is 03:07:06 Aha, but it is, averred Vance. I know she's innocent. Furthermore, I know that no woman could possibly have fired the shot. "'Don't get the erroneous idea in your head "'that a woman couldn't have manipulated a forty-five army cult.' "'Oh, that,' Vance dismissed the notion with a shrug. "'The material indications of the crime don't enter into my calculations, you know. "'I leave them entirely to you lawyers "'and the lads with the bulging deltoids. "'I have other and surer ways of reaching conclusions.

Starting point is 03:07:45 "'That's why I told you that if you arrested any woman for shooting Benson, "'you'd be blundering most shamefully.' "'Markham grunted indignantly. "'And yet you seem to have repudiated all processes of deduction "'whereby the truth may be arrived at. "'Have you, by any chance, entirely renounced your faith "'in the operations of the human mind?' "'Ah, there speaks the voice of God,

Starting point is 03:08:15 "'God's great common people!' exclaimed Vance. "'Your mind is so typical, Markham. "'It works on the principle that, "'what you don't know, isn't knowledge, "'and that, since you don't understand a thing, "'there is no explanation. "'A comfortable point of view? "'It relieves one from all care and uncertainty.

Starting point is 03:08:37 "'Don't you find the world a very sweet and wonderful place?' "'Marcombe adopted an attitude of affable for You spoke at lunchtime, I believe, of one infallible method of detecting crime. Would you care to divulge this profound and priceless secret to a mere district attorney? Vance bowed with exaggerated courtesy. Footnote 10. The following conversation in which Vance explains his psychological methods of criminal analysis is of course, sets down from memory. However, a proof of this passage was sent to him with a request

Starting point is 03:09:23 that he revise and alter it in whatever manner he chose, so that, as it now stands, it describes Vance's theory in practically his own words. Delighted, I'm sure, he returned. I referred to the science of individual character and the psychology of human nature. We all do think. We all do think, to see in a certain individual way, according to our temperaments. Every human act, no matter how large or how small, is a direct expression of a man's personality, and bears the inevitable impress of his nature. Thus, a musician, by looking at a sheet of music,

Starting point is 03:10:06 is able to tell at once whether it was composed, for example, by Beethoven or Schubert or Debussy or Chopin, An artist, while looking at a canvas, knows immediately whether it is a corot, a harpine, a Rembrandt, or a Francile. And just as no two faces are exactly alike, so no two natures are exactly alike. The combination of ingredients which go to make up our personalities varies in each individual. That is why when 20 artists, let us say, sit down to paint the same subject, each one conceives and executes it in a different manner. The result, in each case, is a distinct and unmistakable expression

Starting point is 03:10:58 of the personality of the painter who did it. It's really rather simple, don't you know? Your theory, doubtless, would be comprehensible to an artist, said Markham, in a tone of indulgent irony, but it's, I admit, considerably beyond the grasp of a vulgar worldling like myself. The mind inclined to what is false

Starting point is 03:11:23 rejects the nobler course, murmured Vance, with a sigh. There is, argued Markham, a slight difference between art and crime. Psychologically, old chap, there's none, Vance amended evenly. Crimes possess all the basic factors

Starting point is 03:11:44 of a work of art. Approach, conception, technique, imagination, attack, method, and organization. Moreover, crimes vary fully as much in their manner, their aspects, and their general nature

Starting point is 03:12:00 as do works of art. Indeed, a carefully planned crime is just as direct an expression of the individual, as is a painting, for instance. And therein lies the one great possibility of detection. Just as an expert aesthetician can analyze a picture and tell you who painted it, or the personality and temperament of the person who painted it,

Starting point is 03:12:30 so can the expert psychologist analyze a crime and tell you who committed it. that is, if he happens to be acquainted with the person, or else can describe to you with almost mathematical surety, the criminal's nature and character. And that, my dear Markham, is the only sure and ineffable means of determining human guilt. All others are mere guesswork, unscientific, uncertain, and perilous.

Starting point is 03:13:05 Throughout this explanation, Vance's manner had been almost casual, yet the very serenity and assurance of his attitude conferred upon his words a curious sense of authority. Markham had listened with interest, though it could be seen that he did not regard Vance's theorizing seriously. Your system ignores motive altogether, he objected. Naturally, Vance replied, since it's an irrelevant factor in most crimes. Every one of us, my dear chap, has just as good a motive for killing at least a score of men as the motives which actuate 99 crimes out of 100. And when anyone is murdered, there are

Starting point is 03:13:52 dozens of innocent people who had just as strong a motive for doing it as had the actual murderer. Really, you know, the fact that a man has a motive is no evidence whatever that he's guilty. Such motives are too universal a possession of the human race. Suspecting a man of murder because he has a motive is like suspecting a man of running away with another man's wife because he has two legs. The reason that some people kill and others don't is a matter of temperament of individual psychology. It all comes back to that. And another thing, when a person does possess a real motive, something tremendous and overpowering, he's pretty apt to keep it to himself and hide it and guard it carefully, eh, but he may even have disguised the motive through years of preparation,

Starting point is 03:14:53 for the motive may have been born within five minutes of the crime through the unexpected discovery of facts a decade old. So, do you see, the absence of any apparent motive in a crime might be regarded as more incriminating than the presence of one. You are going to have some difficulty in eliminating the idea of Cui Bono from the consideration of crime. I dare say, agreed Vance. The idea of Cui Bono is just silly enough to be impregnable. And yet, many persons will,

Starting point is 03:15:32 would be benefited by almost anyone's death. Kill Sumner, and on that theory, you could arrest the entire membership of the Authors League. Opportunity, at any rate, persisted Markham, is an insuperable factor in crime, and by opportunity, I mean that affinity of circumstances and conditions which make a particular crime possible, feasible, and convenient for a particular person.

Starting point is 03:16:02 "'Another irrelevant factor,' asserted Vance. "'Think of the opportunities we have every day "'to murder people we dislike. "'Only the other night I had ten insufferable bores "'to dinner in my apartment, a social devoir, "'but I refrained, with considerable efforts, I admit, "'from putting arsenic in the Pontette Canette. "'The Borges and I, you see,

Starting point is 03:16:30 "'merely belong in different saccharges. logical categories. On the one hand, had I been resolved to do murder, I would, like those resourceful Cinquecento patricians, have created my own opportunity, and there's the rub. One can either make an opportunity, or disguise the fact that he had it, with false alibis and various other tricks. You remember the case of the murderer who called the police to break into his victim's house, before the latter had been killed, saying he suspected foul play, and who then preceded the policeman indoors and stabbed the man as they were trailing up the stairs. Footnote 11. I don't know what case Vance was referring to, but there are several instances

Starting point is 03:17:26 of this device on record, and writers of detective fiction have often used it. The later instance is to be found in G. K. Chesterton's The Innocence of Father Brown, in the story entitled The Wrong Shape. Well, what of actual proximity or presence, the proof of a person being on the scene of the crime at the time it was committed? Again misleading, Vance declared. An innocent person's presence is too often used as a shield by the real murderer who, isn't actually absent. A clever criminal can commit a crime from a distance through an agency that is present. Also, a clever criminal can arrange an alibi and then go to the scene of the crime disguised and unrecognized. There are far too many convincing ways of being present

Starting point is 03:18:25 when one is believed to be absent, and vice versa, but we can never part from our individuality, and our natures. And that is why all crime inevitably comes back to human psychology, the one fixed, undisguisable basis of deduction. It's a wonder to me, said Markham, in view of your theories, that you don't advocate dismissing nine-tenths of the police force, and installing a gross or two of those psychological machines so popular with the Sunday Supplement Editor Vance smoked a minute meditatively. I've read about him, interest in toys. They can no doubt indicate a certain augmented emotional stress

Starting point is 03:19:15 when the patient transfers his attention from the pious platitudes of Dr. Frank Crane to a problem in spherical trigonometry. But if an innocent person were harnessed up to the various tubes, galvanometers, electromagnets, glass plates, and brass knobs of one of these apparatuses, and then quizzed about some recent crime, your indicatory needle would cavort about like a Russian dancer as a result of sheer nervous panic on the patient's part.

Starting point is 03:19:52 Markham smiled patronizingly, and I suppose the needle would remain static with a guilty person in contact, Oh, on the contrary, Vance's tone was unruffled, the needle would bob up and down just the same, but not because he was guilty. If he was stupid, for instance, the needle would jump as a result of his resentment at a seemingly newfangled third-degree torture. And if he was intelligent, the needle would jump because of his suppressed mirth at the plurality of the legal mind for indulging in such nonsense. You move me deeply, said Markham.

Starting point is 03:20:35 My head is spinning like a turbine. But there are those of us poor worldlings who believe that criminality is a defect of the brain. So it is, Vance readily agreed. But unfortunately, the entire human race possesses the defect. The virtuous ones haven't, so to speak, the courage of their defects. However, if you were referring to a criminal type, then,

Starting point is 03:21:06 alas, we must part company. It was Lombroso, that darling of the yellow journals, who invented the idea of the congenital criminal. Real scientists, like Dubois, Carl Pearson, and Goring, have shot his idiotic theories full of holes. Footnote 12. It was Pearson and Goring, who, about 20 years ago, made an extensive investigation and tabulation of professional criminals in England,

Starting point is 03:21:41 the results of which showed, one, that criminal careers began, mostly between the ages of 16 and 21, Two, that over 90% of criminals were mentally normal, and three, that more criminals had criminal older brothers than criminal fathers. I am floored by your erudition, declared Markham, as he signaled to a passing attendant and ordered another cigar. I can sell myself, however, with the fact that, as a rule, murder will. leak out. Vance smoked his cigarette in silence, looking thoughtfully out through the window up at the hazy June sky. And Markham, he said at length, the number of fantastic ideas extant about criminals is positively amazing. How a sane person can subscribe to that ancient hallucination that murder will out is beyond me. It rarely outs, old.

Starting point is 03:22:50 dear, and, if it did, out, why a homicide bureau? Why all this whirl and dervish activity by the police whenever a body is found? The poets are to blame for this bit of lunacy. Chaucer probably started it with his Mordre Wall out, and Shakespeare helped it along by attributing to murder a miraculous organ that speaks in lieu of a tongue. It was Some poet, too, no doubt, who conceived the fancy that carcasses bleed at the sight of the murderer. Would you, as the great protector of the faithful, dare tell the police to wait calmly in their offices, or clubs, or favourite beauty parlours, or wherever policemen do there waiting, until a murder outs? Poor dear, if you did, they'd ask the governor for your detention as part of the

Starting point is 03:23:50 or apply for a de lunatico inquirendo. Footnote 13. Sir Basil Thompson, KC.B., former assistant commissioner of Metropolitan Police, London, writing in the Saturday Evening Post, several years after this conversation, said, Take, for example, the proverb that murder will out, which is employed whenever one out of many. thousands of undiscovered murderers is caught through a chance coincidence that captures the popular imagination. It is because murder will not out that the pleasant shock of surprise when it does, out, calls for a proverb to enshrine the phenomenon. The poisoner who is brought to justice

Starting point is 03:24:42 has almost invariably proved to have killed other victims without exciting suspicion, until he has grown careless. Markham grunted good-naturedly. He was busy cutting and lighting his cigar. I believe you chaps have another hallucination about crime, continued vance, namely that the criminal always returns to the scene of the crime. This weird notion is even explained

Starting point is 03:25:14 on some recondite and misty psychological ground, But I assure you, psychology teaches no such preposterous doctrine. If ever a murderer returned to the body of his victim for any reason other than to rectify some blunder he had made, then he is a subject for Broadmoor, or Bloomingdale. How easy it would be for the police if this fanciful notion were true! They'd merely have to sit down at the scene of a crime, play by, or Marjean, until the murderer returned, and then escort him to the Bastille. What?

Starting point is 03:25:55 The true psychological instinct, in anyone having committed a punishable act, is to get as far away from the scene of it as the limits of this world will permit. Footnote 14. In Popular Fallacies About Crime, Saturday Evening Post, April 21, 1923, page eight. Sir Basil Thompson also upheld this point of view. In the present case, at any rate, Markham reminded him, we are neither waiting inactively for the murder to out, nor sitting in Benson's living room trusting to the voluntary return of the criminal.

Starting point is 03:26:39 Either, of course, would achieve success as quickly as the one you are now pursuing, Vance said. "'Not being gifted with your singular insight,' retorted Markham, "'I can only follow the inadequate processes of human reasoning.' "'No doubt,' Vance agreed, commiseratingly. "'And the results of your activities thus far "'force me to the conclusion that a man with a handful of legalistic logic "'can successfully withstand the most obstinate "'and heroic assaults of ordinary,

Starting point is 03:27:15 common sense. Markham was piqued, still harping on the St. Clairwoman's innocence, eh? However, in view of the complete absence of any tangible evidence pointing elsewhere, you must admit I have no choice of courses. I admit nothing of the kind, Vance told him, for I assure you there is an abundance of evidence pointing elsewhere. You simply failed to see it. "'You think so?' Vance's nonchalant cocksureness had at last overthrown Markham's equanimity. "'Very well, old man. I hereby enter an emphatic denial to all your fine theories, and I challenge you to produce a single piece of this evidence which you say exists.' He threw his words out with asperity and gave a curt aggressive gesture with his extended

Starting point is 03:28:15 fingers to indicate that, as far as he was concerned, the subject was closed. Vance, too, I think, was pricked a little. You know, Markham, old dear, I'm no avenger of blood or vindicator of the honor of society. The role would bore me. Markham smiled loftily, but made no reply. Vance smoked meditatively for a while. then, to my amazement, he turned calmly and deliberately to Markham, and said, in a quiet, matter-of-fact voice,

Starting point is 03:28:53 I'm going to accept your challenge. It's a bit alien to my tastes, but the problem, you know, rather appeals to me. It presents the same difficulties as the Concertsaint-Petre fair, a question of disputed authorship, as it were, footnote fifteen four years the famous concert champetre in the louvre was officially attributed to titian vance however took it upon himself to convince the curator m le pelletier that it was giarjone with the result that this painting is now credited to that artist markham abruptly suspended the motion of lifting his cigar to his lips he had scarcely intended his challenge literally it had been uttered more in the nature of a verbal defiance and he scrutinised vance a bit uncertainly little did he realise that the other's casual acceptance of his unthinking and but half serious challenge was to alter the entire criminal history of New York. Just how do you intend to proceed, he asked.

Starting point is 03:30:09 Vance waved his hand carelessly. Like Napoleon, Jamal Gage, and then I must have your word that you'll give me every possible assistance and will refrain from all profound legal objections. Markham pursed his lips. He was frankly perplexed by the unexpected manner in which Vance had met his defiance. But immediately he gave a good-natured laugh, as if, after all, the matter was of no serious consequence. Very well, he assented, you have my word.

Starting point is 03:30:48 And now what? After a moment Vance lit a fresh cigarette and rose languidly. First, he announced, I shall determine the exact height of the guilty person. Such a fact will, no doubt, come under the head of indigatory evidence. A what? Markham stared at him incredulously. How, in heaven's name, are you going to do that?

Starting point is 03:31:15 By those primitive deductive methods to which you so touchingly pin your faith, he answered easily, but come, let us repair to the scene of the crime. He moved toward the door, Markham reluctantly following, in a state of perplexed irritation. But, you know, the body was removed, the latter protested, and the place by now has no doubt been straightened up. Thank heaven for that, murmured Vance. I'm not particularly fond of corpses, and untidiness, you know, annoys me frightfully.

Starting point is 03:31:52 As we emerged into Madison Avenue, he sighinged. to the commissioners for a taxi-cab, and without a word urged us into it. "'This is all nonsense,' Markham declared ill-naturedly, as we started on our journey uptown. "'How do you expect to find any clues now? By this time everything has been obliterated.' "'Alas! My dear Markham!' lamented Vance, in a tone of mock solicitude. how woefully deficient you are in philosophic theory. If anything, no matter how infinitesimal, could really be obliterated, the universe, you know, would cease to exist.

Starting point is 03:32:35 The cosmic problem would be solved, and the creator would write QED across an empty firmament. Our only chance of going on with this illusion we call life, you see, lies in the fact that consciousness is like an infinite decimal point. Did you, as a child, ever try to complete the decimal one-third by filling a whole sheet of paper with the numeral three? You always had the fraction one-third left, don't you know? If you could have eliminated the smallest one-third after having set down ten thousand threes, the problem would have ended. So with life, my dear fellow, it's only because we can't erase or obliterate anything that we go on existing. He made a movement with his fingers, putting a sort of tangible period to his remarks, and looked dreamily out of the window up at the fiery film of Sky.

Starting point is 03:33:41 Markham had settled back into his corner and was chewing more rosily at his cigar. I could see him. I could see him. he was fairly simmering with impotent anger at having let himself be goaded into issuing his challenge. But there was no retreating now. As he told me afterwards, he was fully convinced he had been dragged forth out of a comfortable chair on a patent and ridiculous fools errand. End of Chapter 8. Chapter 9 of the Benson Murder Case by S.S. Van Dyne. This Librebox recording is in the public domain. The height of the murderer. Saturday, June 15, 5 p.m.

Starting point is 03:34:36 When we arrived at Benson's house, a patrolman leaning somnolently against the iron pailing of the areaway, came suddenly to attention and saluted. He eyed Vance and me, hopefully, regarding us, no doubt, as suspects being taken to the scene of the crime for questioning by the district attorney. We were admitted by one of the men from the Homicide Bureau

Starting point is 03:35:03 who had been in the house on the morning of the investigation. Markham greeted him with a nod. Everything going all right? Sure, the man replied, good-naturedly. The old ladies as meek as a cat and a swell cook. We want to be alone for a while. Sniffin, said Markham, as we passed into the living room. The gastronome's name is Snitchkin, not Sniffin, Vance corrected him, when the door had closed on us.

Starting point is 03:35:36 Wonderful memory, muttered Markham, churlishly. A failing of mine. I suppose you are one of those rare persons who never forget a face, but just can't recall names, what? But Markham was in no mood to be twittered. now that you've dragged me here what are you going to do he waved his hand deprecatingly and sank into a chair with an air of contemptuous abdication the living-room looked much the same as when we saw it last except that it had been put neatly in order the shades were up and the late afternoon light was flooding in profusely the ornateness of the room's furnishings seemed intensified by the glare Vance glanced about him and gave a shudder. I'm half inclined to turn back, he drawled.

Starting point is 03:36:31 It's a clear case of justifiable homicide by an outraged interior decorator. My dear esthete, Markham urged impatiently, be good enough to bury your artistic prejudices and to proceed with your problem. Of course, he added with a malicious smile, If you fear the result, you may still withdraw, and thereby preserve your charming theories in their present virgin state. And permit you to send an innocent maiden to the chair, exclaimed Vance in mock indignation. FI, La Polites alone forbids my withdrawal. May I never have to lament with Prince Henry that, to my shame, I have a truant been to show.

Starting point is 03:37:22 shrivelry. Markham set his jaw and gave Vance a ferocious look. I'm beginning to think that, after all, there is something in your theory that every man has some motive for murdering another. Well, replied Vance cheerfully, now that you have begun to come around to my way of thinking, do you mind if I send Mr. Snitkin on an errand? Markham sighed audibly, and shrugged his shoulders. I'll smoke during the opera bouff, and it won't interfere with your performance. Vance went to the door and called Snitkin. I say, would you mind going to Mrs. Platt's and borrowing a long tape measure and a ball of string?

Starting point is 03:38:12 The district attorney wants them, he added, giving Markham a sycophantic bow. I can't hope that you're going to hang yourself. can I? asked Markham. Vance gazed at him reprovingly. Permit me, he said sweetly, to commend Othello to your attention. How poor are they that have not patience? What wound did ever heal but by degrees? Or, to descend from a poet to a platitudinarian, let me present for your consideration a pentameter from Longfellow. All things come round to him who will but wait.

Starting point is 03:38:56 Untrue, of course, but consoling. Milton said it much better in his they also serve. But Servantes said it best. Patience and shuffle the cards. Sound advice, Markham, and advice expressed rakeishly, as all good advice should be.

Starting point is 03:39:16 To be sure, patience is, a sort of last resort, a practice to adopt when there is nothing else to do. Still, like virtue, it occasionally rewards the practitioner, although I'll admit that as a rule it is, again, like virtue, bootless. That is to say, it is its own reward. It has, however, been swathed in many verbal robes. It is sorrow's slave and the sovereign or transmuted ills, as well as all the passion of great hearts.

Starting point is 03:39:54 Rousseau wrote, La Patience is amaire, but some fruit and dull. But perhaps your legal taste runs to Latin. Superanda Omnis, Fortuna Ferenda Est, Quoth Virgil. And Horace also spoke on the subject. Durum, said he, said Levius fit patientia. Why the hell doesn't Snitkin come?

Starting point is 03:40:21 Growled Markham. Almost as he spoke, the door opened, and the detective handed Vance, the tape measure and string. And now, Markham, for your reward. Bending over the rug, Vance moved the large wicker chair into the exact position it had occupied

Starting point is 03:40:39 when Benson had been shot. The position was easily determined for the impressions of the chair's casters on the deep nap of the rug were plainly visible. He then ran the string through the bullet hole in the back of the chair and directed me to hold one end of it against the place where the bullet had struck the wainscot. Next, he took up the tape measure and, extending the string through the hole, measured a distance of five feet and six inches along it,

Starting point is 03:41:12 starting at the point which corresponded to the location of Benson's fore. forehead as he sat in the chair. Tying a knot in the string to indicate the measurement, he drew the string taut so that it extended in a straight line, from the mark on the wainscut, through the hole in the back of the chair, to a point five feet and six inches in front of where Benson's head had rested. This knot in the string, he explained,

Starting point is 03:41:42 now represents the exact location of the muzzle of the gun that ended Benson's career. You see the reasoning, a what, having two points in the bullets course, namely the hole in the chair and the mark on the wainsgut, and also knowing the approximate vertical line of explosion, which was between five and six feet from the gentleman's skull, it was merely necessary to extend the straight line of the bullets course

Starting point is 03:42:12 to the vertical line of explosion in order to ascertain the exact point at which the shot was fired. Theoretically, very pretty, commented Markham. Though why you should go to so much trouble to ascertain this point in space I can't imagine. Not that it matters, or you have overlooked the possibility of the bullet's deflection. Forgive me for contradicting you, smiled Vance, but yesterday morning I questioned Captain Hague-Dorn at the moment. some length and learned that there had been no deflection of the bullet. Haydorne had inspected

Starting point is 03:42:51 the wound before we arrived, and he was really positive on that point. In first place, the bullet struck the frontal bone at such an angle as to make deflection practically impossible, even had the pistol been of small caliber. And in the second place, the pistol, with which Benson was shot, was of so large a bore, a point forty-five and the muzzle velocity was so great that the bullet would have taken a straight course even had it been held at a greater distance from the gentleman's brow and how asked markham did haydorne know what the muzzle velocity was i was inquisitive on that point myself answered vance and he explained that the size and character of the bullet and the expelled shell hold him the whole tale. That's how he knew the gun was an army-cult automatic. I believe he called it a U.S. government cult, and not the ordinary colt automatic. The weight of the bullets of these

Starting point is 03:44:00 two pistols is slightly different. The ordinary colt bullet weighs 200 grains, whereas the army cult bullet weighs 230 grains. Haigdorl, having a hypersensitive tactile was able, I presume, to distinguish the difference at once, though I didn't go into his physiological gifts with him, my reticence nature, you understand. However, he could tell it was a 45-Army-Colt automatic bullet. And knowing this, he knew that the muzzle velocity was 809 feet and that the striking energy was 329,

Starting point is 03:44:42 which gives a six-inch penetration in white pine at a distance of 25 yards. An amazing creature, this haydorn, imagine having one's head full of such entrancing information. The old mysteries of why a man should take up the bass fiddle as a life work, and where all the pins go are babes conundrums, compared with the one of why a human being should devote his years to the idiosyncrasies of bullets. The subject is not exactly an enthralling one, said Markham wearily. So, for the sake of argument, let us admit that you have now found the precise point of the gun's explosion. Where do we go from there?

Starting point is 03:45:28 While I hold the string on a straight line, direct advance, be good enough to measure the exact distance from the floor to the knot. Then my secret will be known. This game doesn't enthrall me either, Markham protested. I'd much prefer London Bridge. Nevertheless, he made the measurement. Four feet eight and a half inches, he announced indifferently. Vance laid a cigarette on the rug at a point directly beneath the knot. We now know the exact height at which the pistol was held when it was fired.

Starting point is 03:46:08 "'You grasp the process by which this conclusion was reached, I'm sure?' "'It seems rather obvious,' answered Markham. Vance again went to the door and called Snitkin. "'The district attorney desires the loan of your gun for a moment,' he said. "'He wishes me to make a test.' Snitkin stepped up to Markham and held out his pistol, wonderingly. "'The safety's on, sir, shall I shift it?' Markham was about to refuse the weapon when Vance interposed.

Starting point is 03:46:43 That's quite all right. Mr. Markham doesn't intend to fire it, I hope. When the man had gone, Vance seated himself in the wicker chair and placed his head in juxtaposition with the bullet hole. Now, Markham, he requested, Will you please stand on the spot where the murderer stood, holding the gun directly above that cigarette on the floor, and aim deliberately at my left temple. Take care, he cautioned with an engaging smile,

Starting point is 03:47:16 not to pull the trigger, or you will never learn who killed Benson. Reluctantly, Markham complied. As he stood, taking aim, Vance asked me to measure the height of the gun's muzzle from the floor. The distance was four feet and nine inches. Quite so, he said, rising, you see, Markham, you are five feet eleven inches tall. Therefore, the person who shot Benson was

Starting point is 03:47:44 very nearly your own height, certainly not under five feet ten. That too is rather obvious, what? His demonstration had been simple and clear. Markham was frankly impressed. His manner had become serious. He regarded Vance for a moment with a meditative frown, then he said, that's all very well, but the person who fired the shot might have held the pistol relatively higher than I did. Not tenable, returned Vance. I've done too much shooting myself not to know that when an expert takes deliberate aim with a pistol at a small target, he does it with a stiff arm and with a slightly raised shoulder,

Starting point is 03:48:30 so as to bring the sight on a straight line between his eye and the object at which he aims. The height at which one holds a revolver under such conditions pretty accurately determines his own height. Your argument is based on the assumption that the person who killed Benson was an expert, taking deliberate aim at a small target? Not an assumption but a fact, declared Vance. Consider, had the person not been an expert shot, he would not, at a distance, of five or six feet have selected the forehead, but a larger target, namely the breast. And having selected the forehead, he most certainly took deliberate aim. What? Furthermore, had he not been an expert shot, and had he pointed the gun at the breast

Starting point is 03:49:24 without taking deliberate aim, he would, in all probability, have fired more than one shot. Markham pondered, I'll grant that on the face of it, your head. theory sounds plausible, he conceded at length. On the other hand, the guilty man could have been almost any height over five feet ten, for certainly a man may crouch as much as he likes and still take deliberate aim. True, agreed Vance, but don't overlook the fact that the murderer's position in this instance was a perfectly natural one. Otherwise, Venson's attention would have been attracted, and he would not have been taken unawares.

Starting point is 03:50:09 That he was shot unawares was indicated by his attitude. Of course, the assassin might have stooped a little without causing Benson to look up. Let us say, therefore, that the guilty person's height is somewhere between five feet ten and six feet two. Does that appeal to you? Markham was silent. The delightful Miss St. Clair, you know,

Starting point is 03:50:36 remarked Vance, with a japish smile, can't possibly be over five feet five or six. Markham grunted and continued to smoke abstractedly. This Captain Leacock, I take it, said Vance, is over six feet, a what? Markham's eyes narrowed. What makes you think so? You just toad me, don't you know?

Starting point is 03:51:03 I told you? Not in so many words, Vance pointed out, but after I had shown you the approximate height of the murderer, and it didn't correspond at all to that of the young lady you suspected, I knew your active mind was busy looking round for another possibility. And, as the lady's enumerato was the only other possibility on your horizon, I concluded that you were permitting your thoughts to, play about the captain. Had he, therefore, been the stipulated height, you would have said nothing.

Starting point is 03:51:41 But when you argued that the murderer might have stooped to fire the shot, I decided that the captain was inordinately tall. Thus, in the pregnant silence that emanated from you, old dear, your spirit held sweet communion with mine, and told me that the gentleman was a six-footer, no less. I see that you include mind-reading among your gifts, said Markham. I now await an exhibition of slate-writing. His tone was irritable, but his irritation was that of a man reluctant to admit the alteration of his beliefs.

Starting point is 03:52:22 He felt himself yielding to Vance's guiding reign, but he still held stubbornly to the course of his own previous convictions. "'Surely you don't question my demonstration of the guilty person's height?' asked Vance, malifluously. "'Not altogether,' Markham replied. "'It seems colourable enough, but why, I wonder, didn't Hedorn work the thing out, if it was so simple?' "'Anaxagoras said that those who have occasion for a lamp supply it with oil.'

Starting point is 03:52:56 A profound remark, Markham, one of those seemingly simple, quips that contain a great truth. A lamp, without oil, you know, is useless. The police always have plenty of lamps, every variety, in fact, but no oil, as it were. That's why they never find anyone unless it's broad daylight. Markham's mind was now busy in another direction, and he rose and began to pace the floor. Until now, I hadn't thought of Captain Leacock as the actual agent of the crime. Why, hadn't you thought of him? Was it because one of your sleuths told you he was at home like a good boy that night?

Starting point is 03:53:42 I suppose so, Markham continued, pacing thoughtfully. Then suddenly he swung about. That wasn't it either. It was the amount of damning circumstantial evidence against the St. Clairwoman. And, Vance, despite your demonstration here today, you have haven't explained away any of the evidence against her. Where was she between twelve and one? Why did she go with Benson to dinner?

Starting point is 03:54:10 How did her handbag get here? And what about those burned cigarettes of hers in the grate? They're the obstacle, those cigarette butts, and I can't admit that your demonstration wholly convinces me, despite the fact that it is convincing, as long as I've got the evidence of those cigarettes to contain. tend with, for that evidence is also convincing. "'My word,' sighed Vance,

Starting point is 03:54:37 "'you're in a positively ghastly predicament. However, maybe I can cast illumination on those disquieting cigarette butts.' Once more he went to the door, and, summoning Snitkin, returned to the pistol. "'The district attorney thanks you,' he said, "'and will you be good enough to fetch Mrs. Platt's we wish to chat with her.

Starting point is 03:55:02 Turning back to the room, he smiled amiably at Markham. I desire to do all the conversing with the lady this time, if you don't mind. There are potentialities in Mrs. Platz, which you entirely overlooked when you questioned her yesterday. Markham was interested, though skeptical.

Starting point is 03:55:24 You have the floor, he said. End of chapter 9. Chapter 10 of the Benson murder case by SS Van Dyne. This Librevox recording is in the public domain. Eliminating a suspect. Saturday, June 15, 5.30 p.m. When the housekeeper entered, she appeared even more composed than when Markham had first questioned her. There was something at once solemn and indomitable in her manner, and

Starting point is 03:56:04 she looked at me with a slightly challenging expression. Markham merely nodded to her, but Vance stood up and indicated a low, tufted Morris chair near the fireplace, facing the front windows. She sat down on the edge of it, resting her elbows on its broad arms. I have some questions to ask you, Mrs. Platt's, Vance began, fixing her sharply with his gaze, and it will be best for every. if you tell the whole truth. You understand me, eh, what? The easy-going, half-whimsical manner he had taken with Markham had disappeared. He stood before the woman, stern, and implacable. At his words, she lifted her head. Her face was blank, but her mouth was set stubbornly,

Starting point is 03:56:57 and a smouldering look in her eyes, told of a suppressed anxiety. Vance, waited a moment and then went on enunciating each word with distinctness. At what time, on the day Mr. Benson was killed, did the lady call here? The woman's gaze did not falter, but the pupils of her eyes dilated. There was nobody here. Oh, yes, there was Mrs. Platt's, Vance's tone was assured. What time did she call? "'Nobody was here, I tell you,' she persisted.

Starting point is 03:57:38 Vance lit a cigarette with interminable deliberation, his eyes resting steadily on hers. He smoked placidly until her gaze dropped. Then he stepped nearer to her, and said firmly, "'If you tell the truth, no harm will come to you, "'but if you refuse any information, you will find yourself in trouble.' The withholding of evidence is a crime, you know, and the law will show you no mercy. He made a sly grimace at Markham, who was watching the proceedings with interest.

Starting point is 03:58:17 The woman now began to show signs of agitation. She drew in her elbows, and her breathing quickened. In God's name, I swear it, there wasn't anybody here. A slight hoarseness gave evidence of her emotion. "'Let us not invoke the deity,' suggested Vance, carelessly. "'What time was the lady here?' She set her lips stubbornly, and for a whole minute there was silence in the room. Vance smoked quietly, but Markham held his cigar motionless

Starting point is 03:58:53 between his thumb and forefinger, in an attitude of expectancy. Again, Vance's impassive voice demanded, what time was she here? The woman clenched her hands with a spasmodic gesture and thrust her head forward. I tell you, I swear it! Vance made a peremptory movement of his hand and smiled coldly. It's no go, he told her.

Starting point is 03:59:23 You're acting stupidly. We're here to get the truth, and you're going to tell us. I've told you the truth. "'Is it going to be necessary for the district attorney here to order you placed in custody?' "'I've told you the truth,' she repeated. Vance crushed out his cigarette decisively in an ash receiver on the table. "'Right so, Mrs. Platz, since you refuse to tell me about the young woman who was here that afternoon, I'm going to tell you about her.'

Starting point is 03:59:58 His manner was easy and cynical, and the woman watched him suspiciously. Late in the afternoon of the day your employer was shot, the doorbell rang. Perhaps you had been informed by Mr. Benson that he was expecting a caller, what? Anyhow, you answered the door and admitted a charming young lady. You showed her into this room,

Starting point is 04:00:24 and, what do you think, my dear madam, she took that very chair on which you are resting so uncomfortably. He paused and smiled tantalizingly. Then, he continued, You served tea to the young lady and Mr. Benson. After a bit, she departed, and Mr. Benson went upstairs to dress for dinner. You see, Mrs. Platz, I happen to know.

Starting point is 04:00:54 He lit another cigarette. Did you notice the young lady particularly? If not, I'll describe her to you. She was rather short, petite is the word. She had dark hair and dark eyes, and she was dressed quietly. A change had come over the woman. Her eyes stared, her cheeks were now grey, and her breathing had become audible.

Starting point is 04:01:20 Now, Mrs. Platt, demanded Vance sharply, what have you to say? She drew a deep breath. There wasn't anybody here. She said doggedly. There was something almost admirable in her obstinacy. Vance considered a moment. Markham was about to speak,

Starting point is 04:01:42 but evidently thought better of it, and sat watching the woman fixedly. Your attitude is understandable, Vance observed, finally. The young lady, of course, was well known to you, and you had a personal reason for not wanting it known she was here. at these words she sat up straight a look of terror in her face i never saw her before she cried then stopped abruptly ah vance gave her an amused leer you had never seen the young lady before eh what that's quite possible but it's immaterial she's a nice girl though i'm sure even if she did have a dish of tea with your employer a little

Starting point is 04:02:31 alone in his home. Did she tell you she was here? The woman's voice was listless. The reaction to her tense obduracy had left her apathetic. Not exactly, Vance replied, but it wasn't necessary. I knew without her informing me.

Starting point is 04:02:51 Just when did she arrive, Mrs. Platz? About a half hour after Mr. Benson got here from the office, she had at last given over all denials and evasions. But he didn't expect her, that is, he didn't say anything to me about her coming, and he didn't order tea until after she came. Markham thrust himself forward. Why didn't you tell me she'd been here when I asked you yesterday morning?

Starting point is 04:03:21 The woman cast an uneasy glance about the room. I rather fancy, Vance intervened pleasantly, that Mrs. Platt's was afraid you might unjustly suspect the young lady. She grasped eagerly at his words. Yes, sir, that was all. I was afraid you might think she did it, and she was such a quiet, sweet-looking girl. That was the only reason, sir.

Starting point is 04:03:48 Quite so, agreed Vance, consolingly. But tell me, did it not shock you to see such a quiet, sweet-looking young lady, smoking cigarettes. Her apprehension gave way to astonishment. Why, yes, sir, it did. But she wasn't a bad girl, I could tell that. And most girls smoke nowadays. They don't think about it like they used to.

Starting point is 04:04:14 You're quite right, Vance assured her. Still, young ladies really shouldn't throw their cigarettes in tiled gas-logue fireplaces, should they now? The woman regarded him. uncertainly. She suspected him of jesting. Did she do that? She leaned over and looked into the fireplace. I didn't see any cigarettes there this morning. No, you wouldn't have, Vance informed her. One of the district attorney's sleuths, you see, cleaned it up nicely for you yesterday. She shot Markham a questioning glance. She was not sure whether Vance's remark was to be taken

Starting point is 04:04:56 seriously, but his casualness of manner and pleasantness of voice tended to put her at her ease. Now that we understand each other, Mrs. Platz, he was saying, was there anything else you particularly noticed when the young lady was here? You will be doing her a good service by telling us, because both the district attorney and I happen to know she's innocent. She gave Vance a long shrewd. look, as if appraising his sincerity. Evidently the results of her scrutiny were favorable, for her answer left no doubt as to her complete frankness.

Starting point is 04:05:37 I don't know if it'll help, but when I came in with the toast, Mr. Benson looked like he was arguing with her. She seemed worried about something that was going to happen, and asked him not to hold her to some promise she'd made. I was only in the room a minute, and I didn't hear much, but just as I was going out, he laughed, and said it was only a bluff and that nothing was going to happen. She stopped and waited anxiously. She seemed to fear that her revelation might, after all, prove injurious rather than helpful to the girl. Was that all, Vance's tone

Starting point is 04:06:18 indicated that the matter was of no consequence? The woman demurred. That was all I heard, but there was a small blue box of jewelry sitting on the table. My word, a box of jewelry. Do you know whose it was? No, sir, I don't. The lady hadn't brought it, and I never saw it in the house before. Now, did you know it was jewelry?

Starting point is 04:06:45 When Mr. Benson went upstairs to dress, I came in to clear the tea things away, and it was still sitting on the table. Vance smiled. and you played Pandora and took a peep a what most natural I'd have done it myself he stepped back and bowed politely that will be all Mrs. Plaths and you needn't worry about the young lady nothing is going to happen to her when she had left us Markham leaned forward and shook his cigar at vance Why didn't you tell me you had information about the case unknown to me? My dear chap, Vance lifted his eyebrows in protestation,

Starting point is 04:07:34 to what do you refer specifically? How did you know this St. Clairwoman had been here in the afternoon? I didn't, but I surmised it. There were cigarette butts of hers in the Great, and, as I knew, she hadn't been here on the night, Benson was shot, I thought it rather likely she had been here earlier in the day. And, since Benson didn't arrive from his office until four, I whispered into my ear that she had called some time between four and the hour of his departure for dinner.

Starting point is 04:08:11 An elementary syllogism, what? How did you know she wasn't here that night? The psychological aspects of the crime left me in no doubt. as I told you, no woman committed it. My metaphysical hypotheses again, but never mind. Furthermore, yesterday morning, I stood on the spot where the murderer stood and sighted with my eye along the line of fire,

Starting point is 04:08:40 using Benson's head and the mark on the wainskut as my points of coincidence. It was evident to me then, even without measurements, that the guilty person was rather tall, "'Very well, but how did you know she left here that afternoon before Benson did?' persisted Markham. "'How else could she have changed into an evening gown? "'Really, you know, ladies don't go about deculte in the afternoon.' "'You assume, then, that Benson himself brought her gloves and handbag here that night?'

Starting point is 04:09:17 "'Someone did, and it certainly wasn't Miss St. Clair.' "'All right,' conceded Markham, "'and what about this Morris chair? "'How did you know she sat in it?' "'What other chair could she have sat in, "'and still thrung her cigarettes into the fireplace? "'Women are notoriously poor shots, "'even if they were given to hurling their cigarette-stubs across the room.'

Starting point is 04:09:44 "'The deduction is simple enough,' admitted Markham. "'But suppose you tell me how you knew she had tea here, unless you were privy to some information on the point. It positively shames me to explain it, but the humiliating truth is that I inferred the fact from the condition of Jan Samovar. I noted yesterday that it had been used and had not been emptied or wiped off. Markham nodded with contemptuous elation. You seem to have sunk to the despised legal level of material clues. That's why I'm blushing so furiously.

Starting point is 04:10:29 However, psychological deductions alone do not determine facts in essay, but only in posse. Other conditions must, of course, be considered. In the present instance, the indication of the samovar served merely as a basis for an assumption or guess

Starting point is 04:10:48 with which to draw out the housekeeper. "'Well, I won't deny that you succeeded,' said Markham. "'I'd like to know, though, what you had in mind when you accused the woman of a personal interest in the girl.' "'That remark certainly indicated some free knowledge of the situation.' Vance's face became serious. "'Markham, I give you my word,' he said earnestly. "'I had nothing in mind. I made the accusation, thinking it was false, merely to trap her into a denial.

Starting point is 04:11:24 And she fell into the trap. But, do you take it, I seemed to hit some nail squarely on the head. What? I can't for the life of me imagine why she was frightened. But it really doesn't matter. Perhaps not, agreed Markham, but his tone was dubious. What do you make of the box of jewelry and the disagreement? between Benson and the girl.

Starting point is 04:11:50 Nothing yet. They don't fit in, do they? He was silent a moment. Then he spoke with unusual seriousness. Markham, take my advice, and don't bother with these side issues. I'm telling you, the girl had no part in the murder. Let her alone.

Starting point is 04:12:10 You'll be happier in your old age if you do. Markham sat scowling, his eyes in space. I'm convinced that you think you know something. Cogito ergo sum, murmured Vance. You know, the naturalistic philosophy of Descartes has always rather appealed to me. It was a departure from universal doubt and a seeking for positive knowledge in self-consciousness. Spinoza, in his pantheism, and Berkeley in his idealism, quite misunderstood the significance of their precursor's favorite Enthymie meme.

Starting point is 04:12:51 Even Descartes' errors were brilliant. His method of reasoning for all its scientific inaccuracies gave new signification to the symbols of the analyst. The mind, after all, if it is to function effectively, must combine the mathematical precision of a natural science with such pure speculations as astronomy. For instance, Descartes's doctrine of vortices, Oh, be quiet, growled Markham.

Starting point is 04:13:23 I'm not insisting that you reveal your precious information. So why burden me with a dissertation on 17th century philosophy? Anyhow, you'll admit, won't you? Ask Vance lightly, that in eliminating those disturbing cigarette butts, so to speak, I've eliminated Miss St. Clair as suspect, markham did not answer at once there was no doubt that the developments of the past hour had made a decided impression upon him he did not underestimate vance despite his persistent opposition and he knew that for all his flippancy vance was fundamentally serious furthermore markham had a finely developed sense of justice he was not narrow even though obstinate at times, and I have never known him to close his mind to the possibilities of truth,

Starting point is 04:14:21 however opposed to his own interests. It did not, therefore, surprise me in the least, when, at last, he looked up with a gracious smile of surrender. You've made your point, he said, and I accepted with proper humility. I'm most grateful to you. Vance walked indifferently to the window, and looked out. I am happy to learn that you are capable of accepting such evidence as the human mind could not possibly deny.

Starting point is 04:14:56 I had always noticed in the relationship of these two men that whenever either made a remark that bordered on generosity, the other answered in a manner which ended all outward show of sentiment. It was as if they wished to keep this more intimate side

Starting point is 04:15:14 of their mutual regard hidden from the world. Markham, therefore, ignored Vance's thrust. Have you, perhaps, any enlightening suggestions, other than negative ones, to offer as to Benson's murderer, he asked? Rather, said Vance, no end of suggestions. Could you spare me a good one? Markham imitated the other's playful tone. Vance appeared to reflect.

Starting point is 04:15:44 Well, I should advise that, as a beginning, you look for a rather tall man, cool-headed, familiar with firearms, a good shot, and fairly well-known to the deceased. A man who was aware that Benson was going to dinner with Miss St. Clair, or who had reason to suspect the fact. Markham looked narrowly at Vance for several moments. I think I understand. Not a bad theory either. You know, I'm going to suggest immediately to Heath

Starting point is 04:16:20 that he investigate more thoroughly Captain Leacock's activities on the night of the murder. Oh, by all means, said Vance carelessly, going to the piano. Markham watched him with an expression of puzzled interrogation. He was about to speak when Vance began playing a rollicking French café song, which opens, I believe, with I'll so don't and of chapter 10

Starting point is 04:16:53 Chapter 11 of the Benson murder case by S.S. Van Dyne. This Libervox recording is in the public domain. A motive and a threat. Sunday, June 16, afternoon. The following day, which was Sunday, we lunched with Markham at the Stuyvesant, club. Vance had suggested the appointment the evening before, for, as he explained to me, he wished to be

Starting point is 04:17:28 present in case Leander Fife should arrive from Long Island. It amuses me tremendously, he had said, the way human beings deliberately complicate the most ordinary issues. They have downright horror of anything simple and direct. The whole modern commercial system is nothing but a colossal mechanism for doing things in the most involved and roundabout way. If one makes a ten-cent purchase at a department store nowadays, a complete history of the transaction is written out in triplicate, checked by a dozen floor walkers and clerks, signed and countersigned,

Starting point is 04:18:14 entered into innumerable ledgers with various coloured inks, and then elaborately secreted in steel filing cabinets. And not content with all this superfluous sheenwas-gis, our businessmen have created a large and expensive army of efficiency experts, whose sole duty it is to complicate and befuddle this system still further. It's the same with everything else in modern life. regard that insuperable mania called golf. It consists merely of knocking a ball into a hole with a stick.

Starting point is 04:18:55 But the devotees of this pastime have developed a unique and distinctive livery in which to play it. They concentrate for 20 years on the correct angulation of their feet and the proper method of entwining their fingers about the stick. Moreover, in order to discuss the pseudo-intricacies of this idiotic sport, they've invented an outlandish vocabulary, which is unintelligible, even to an English scholar. He pointed disgustedly at a pile of Sunday newspapers. Then here's this Benson murder, a simple and inconsequential affair.

Starting point is 04:19:37 Yet the entire machinery of the law is going at high pressure, and blowing off jets of steam all over the community, when the matter could be settled quietly in five minutes with a bit of intelligent thinking. At lunch, however, he did not refer to the crime, and, as if by tacit agreement, the subject was avoided. Markham had merely mentioned casually to us as we went into the dining room

Starting point is 04:20:06 that he was expecting Heath a little later. The sergeant was waiting for us when we retired to the lounge room for our smoke, and by his expression it was evident he was not pleased with the way things were going. I told you, Mr. Markham, he said when he had drawn up our chairs, that this case was going to be a tough one. Could you get any kind of a lead from the St. Clair woman? Markham shook his head. She's out of it.

Starting point is 04:20:39 and he recounted briefly the happenings at Benson's house the preceding afternoon. Well, if you're satisfied, was Heath's somewhat dubious comment, that's good enough for me, but what about this Captain Leacock? That's what I asked you here to talk about, Markham told him. There's no direct evidence against him, but there are several suspicious circumstances that tend to connect him with the murder, He seems to meet the specifications as to height, and we mustn't overlook the fact that Benson was shot with just such a gun as Leacock would be likely to possess.

Starting point is 04:21:22 He was engaged to the girl, and a motive might be found in Benson's attentions to her. And ever since the big scrap, supplemented Heath, these army boys don't think anything of shooting people. They got used to blood on the other side. The only hitch, resumed Markham, is that Phelps, who had the job of checking up on the captain, reported to me that he was home that night from 8 o'clock on. Of course, there may be a loophole somewhere, and I was going to suggest that you have one of your men go into the matter more thoroughly and see just what the situation is. Phelps got his information from one of the hall boys, and I think it might be well to get hold of the boy again and apply a little pressure.

Starting point is 04:22:12 If it was found that Leacock was not at home at 12.30 that night, we might have the lead you're looking for. I'll attend to it myself, said Heath. I'll go round there tonight, and if this boy knows anything, he'll spill it before I'm through with him. We had talked but a few minutes longer when a uniformed attendant bowed deferentially. at the district attorney's elbow, and announced that Mr. Fife was calling. Markham requested that his visitor be shown into the lounge room, and then added to Heath, you'd better remain and hear what he has to say. Leander Fife was an immaculate and exquisite personage. He approached us with a mincing gait of self-approbation,

Starting point is 04:23:01 his legs, which were very long and thin, with knees that, seemed to bend slightly inward, supported a short, bulging torso, and his chest curved outward, in a generous arc, like that of a powder pigeon. His face was rotund, and his jowls hung in two lutes over a collar too tight for comfort. His blonde, sparse hair was brushed back sleekly, and the ends of his narrow silken mustache were waxed into needle points. He was dressed in light gray summer flannels and wore a pale turquoise green silk shirt, a vivid fular tie, and gray swayed oxfords. A strong odor of oriental perfume was given off by the carefully arranged Batiste

Starting point is 04:23:55 handkerchief in his breast pocket. He greeted Markham with viscous. urbanity, and acknowledged his introduction to us with a patronizing bow. After posing himself in a chair, the attendant placed for him. He began polishing a gold-rimmed eye-glass, which he wore on a ribbon, and fixed Markham with a melancholy gaze. A very sad occasion, this, he sighed. Realizing your friendship for Mr. Benson, said Markham, I deplore the necessity of a appealing to you at this time. It was very good of you, by the way, to come to the city today. Fife made a mildly deprecating movement with his carefully manicured fingers. He was, he explained,

Starting point is 04:24:45 with an air of ineffable self-complacency, only too glad to discommode himself, to give aid to servants of the public, a distressing necessity to be sure, but his manner conveyed unmistakably that he knew and recognized the obligations attaching to the dictum of nobles oblige and was prepared to meet them. He looked at Markham with a self-congratulatory air, and his eyebrows queried. What can I do for you, though his lips did not move? I understand from Major Anthony Benson, Markham said, that you were close to his brother, and therefore, might be able to tell us something of his personal affairs or private social relationships

Starting point is 04:25:35 that would indicate a line of investigation. Fife gazed sadly at the floor. Ah, yes, Alvin and I were close, very. We were in fact the most intimate of friends. You cannot imagine how broken up I was at hearing of the dear fellow's tragic end. He gave the impression, that here was a modern instance of Aeneas and Akatas, and I was deeply grieved at not being able to come at once to New York to put myself at the service of those that needed me. I'm sure it would have been a comfort to his other friends, remarked Vance, with cool politeness,

Starting point is 04:26:22 but in the circumstances you will be forgiven. Fife blinked regretfully, Ah, but I shall never forgive myself, though I cannot hold myself altogether blameworthy. Only the day before the tragedy I had started on a trip to the Catskills. I had even asked dear Alvin to go along, but he was too busy. Fife shook his head as if lamenting the incomprehensible irony of life. How much better! Ah, how infinitely much better, if only! "'You were gone a very short time,' commented Markham,

Starting point is 04:27:04 "'interrupting what promised to be a homily on perverse providence. "'True,' Fife indulgently admitted, "'but I met with the most unfortunate accident. "'He polished his eyeglass a moment. "'My car broke down, and I was necessitated to return. "'What road did you take?' asked Heath. "'Fife, delicately, adjusted his eyeglass and regarded the sergeant with an intimation of boredom.

Starting point is 04:27:36 My advice, Mr. Sneed, Heath, the other corrected him, Sir Lely. Ah, yes, Heath. My advice, Mr. Heath, is that if you are contemplating a motor trip to the Catskills, you apply to the Automobile Club of America for a roadmap. my choice of itinerary might very possibly not suit you. He turned back to the district attorney with an heir that implied he preferred talking to an equal. Tell me, Mr. Fife, Markham asked, Did Mr. Benson have any enemies?

Starting point is 04:28:18 The other appeared to think the matter over. No, not one, I should say, who would actually have killed him as a result of anemost. you imply nevertheless that he had enemies could you not tell us a little more fife passed his hand gracefully over the tips of his golden moustache and then permitted his index finger to linger on his cheek in an attitude of meditative indecision your request mr markham he spoke with pained reluctance brings up a matter which i hesitate to discuss. But perhaps it is best that I confide in you, as one gentleman to another. Alvin, in common with many other admirable fellows, had a, what shall I say,

Starting point is 04:29:15 a weakness, let me put it that way, for the fair sex. He looked at Markham, seeking approbation for his extreme tact in stating an indelicate truth. You understand, he continued, in answer to the other's sympathetic nod, Elvin was not a man who possessed the personal characteristics that women hold attractive. I somehow got the impression that Fife considered himself as differing radically from Benson in this respect. Alvin was aware of his physical deficiency, and the result was,

Starting point is 04:29:57 I trust you will understand my hesitancy in mentioning this distressing fact, but the result was that Alvin used certain methods in his dealings with women, which you and I could never bring ourselves to adopt. Indeed, though it pains me to say it, he often took unfair advantage of women. He used underhand methods. as it were. He paused, apparently shocked by this heinous imperfection of his friend, and by the necessity of his own seemingly disloyal revelation.

Starting point is 04:30:39 Was it one of these women whom Benson had dealt with unfairly that you had in mind? asked Markham. No, not the woman herself, Fife replied, but a man who was interested in her. In fact, this man threatened Alvin's life. You will appreciate my reluctance in telling you this, but my excuse is that the threat was made quite openly. There were several others, besides myself, who heard it. That, of course, relieves you from any technical breach of confidence, Markham observed. Fife acknowledged the other's understanding with a slight bow.

Starting point is 04:31:25 it happened at a little party of which i was the unfortunate host he confessed modestly who was the man markham's tone was polite but firm you will comprehend my reticence fife began then with an air of righteous frankness he leaned forward it might prove unfair to alvin to withhold the gentleman's name he was captain philip Leacock. He allowed himself the emotional outlet of a sigh. I trust you won't ask me for the lady's name. It won't be necessary, Markham assured him, but I'd appreciate you're telling us a little more of the incident. Fife complied with an expression of patient resignation. Alvin was considerably taken with the lady in question, and showed her many attentions which were, I am forced to admit, unwelcome. Captain Leacock resented these attentions, and at the little affair to which I had invited

Starting point is 04:32:37 him and Alvin, some unpleasant and, I must say, unrefined words passed between them. I fear the wine had been flowing too freely, for Alvin was always punctilious. He was a man, indeed skilled in the niceties of social intercourse, and the captain, in an outburst of temper, told Alvin that, unless he left the lady strictly alone in the future, he would pay with his life. The captain even went so far as to draw a revolver halfway out of his pocket. Was it a revolver or an automatic pistol? asked Heath. Fife gave the district attorney a faint smile of annoyance, without deigning even to glance at the sergeant. I misspoke myself, forgive me. It was not a revolver. It was, I believe, an automatic army pistol,

Starting point is 04:33:42 though, you understand, I didn't see it in its entirety. You say there were others who witnessed the altercation? Several of my guests, were standing about, Fife explained, but on my word I couldn't name them. The fact is, I attached little importance to the threat. Indeed, it had entirely slipped my memory until I read the account of poor Alvin's death. Then I thought at once of the unfortunate incident

Starting point is 04:34:16 and said to myself, Why not tell the district attorney? thoughts that breathe and words that burn murmured Vance, who had been sitting through the interview in oppressive boredom. Fife once more adjusted his eyeglass and gave Vance a withering look. I beg your pardon, sir. Vance smiled disarmingly. Merely a quotation from grey. Poetry appeals to me in certain moods, do you know?

Starting point is 04:34:49 Do you, by any chance, no, Colonel Ostrander? Fife looked at him coldly, but only a vacuous countenance met his gaze. I am acquainted with the gentleman, he replied haughtily. Was Colonel Ostrander present at this delightful little social affair of yours? Vance's tone was artlessly innocent. Now that you mention it, I believe he was, admitted Fyffield. and lifted his eyebrows inquisitively, but Vance was again staring disinterestedly out of the window.

Starting point is 04:35:28 Markham, annoyed at the interruption, attempted to re-establish the conversation on a more amiable and practical basis. But Fife, though loquacious, had little more information to give. He insisted constantly on bringing the talk back to Captain Leacock, and despite his eloquent protestations, it was obvious he attached more importance to the threat than he chose to admit. Markham questioned him for fully an hour, but could learn nothing else of a suggestive nature. When Fife rose to go, Vance turned from his contemplation of the outside world, and, bowing affably, let his eyes rest on the other with ingenuous good nature.

Starting point is 04:36:18 "'Now that you are in New York, Mr. Fife, "'and we're so unfortunate as to be unable to arrive earlier, "'I assume that you will remain until after the investigation.' "'Fife's studied and habitual calm gave way to a look of oily astonishment. "'I hadn't contemplated doing so. "'It would be most desirable, if you could arrange it,' urged Markham, though I am sure he had no intention of making the request until Vance suggested it. Fife hesitated, and then made an elegant gesture of resignation.

Starting point is 04:36:58 Certainly, I shall remain. When you have further need of my services, you will find me at the Ansonia. He spoke with exalted condescension, and magnanimously conferred upon Markham a parting smile. But the smile did not spit it. from within. It appeared to have been adjusted upon his features by the unseen hands of a sculpture, and it affected only the muscles about his mouth. When he had gone, Vance gave Markham a look of suppressed mirth. Eligacy, facility, and golden cadence. But put not your faith in Poesy, old dear. Our Ciceronian friend is an unmitigated fashioner of deceptions.

Starting point is 04:37:49 If you're trying to say that he's a smooth liar, remarked Heath, I don't agree with you. I think that story about the captain's threat is straight goods. Oh, that, of course it's true. And, you know, Markham, the knightly, Mr. Fife, was frightfully disappointed when you didn't insist on his revealing Miss St. Clair's name. This Leander, I fear, would never have swum the hell's pond for a lady's sake. Whether he's a swimmer or not, said Heath impatiently, he's given us something to go on. Markham agreed that Fife's recital had added materially to the case against Leacock. I think I'll have the captain down to my office tomorrow and question him, he said.

Starting point is 04:38:38 A moment later, Major Benson entered the room, and Markham invited him to join us. I just saw Fife get into a taxi, he said, when he had sat down. I suppose you've been asking him about Alvin's affairs. Did he help you any? I hope so, for all our sakes, returned Markham, kindly. By the way, Major, what do you know about a Captain Philip Leacock? Major Benson lifted his eyes to Markham's in surprise. Didn't you know? Leacock was one of the captains in my regiment.

Starting point is 04:39:16 A first-rate man. He knew Alvin pretty well, I think, but my impression is they didn't hit it off very chummally. Surely you don't connect him with this affair? Markham ignored the question. Did you happen to attend a party of Fife's the night the captain threatened your brother? i went i remember to one or two of fife's parties said the major i don't as a rule care for such gatherings but alvin convinced me it was a good business policy He lifted his head and frowned fixedly into space, like one searching for an elusive memory. However, I don't recall.

Starting point is 04:40:01 By George, yes, I believe I do, but if the instance I am thinking of is what you have in mind, you can dismiss it. We were all a little moist that night. Did Captain Leacock draw a gun? asked Heath. The Major pursed his lips. Now that you mention it, I think he did make some motion of the kind. Did you see the gun? pursued Heath. No, I can't say that I did. Markham put the next question.

Starting point is 04:40:34 Do you think Captain Leacock capable of the act of murder? Hardly, Major Benson answered with emphasis. Leacock isn't cold-blooded. The woman over whom the Tiff occurred is more capable of such an act than he is. A short silence followed, broken by Vance. What do you know, Major, about this glass of fashion and mold of form, Fife? He appears a rare bird. Has he a history, or is his presence, his life's document? The under Fife, said the Major, is a typical specimen of the modern young do-nothing,

Starting point is 04:41:19 I say young, though I imagine he's around 40. He was pampered in his upbringing, and everything he wanted, I believe, but he became restless and followed several different fads till he tired of them. He was two years in South Africa, hunting big game, and I think wrote a book recounting his adventures. Since then he has done nothing that I know of. He married a wealthy shrew some years ago, for her. money, I imagine, but the woman's father controls the purse-strings and holds him down to a rigid

Starting point is 04:41:55 allowance. Fife's a waster and an idler, but Alvin seemed to find some attraction in the man. The Major's words had been careless in inflection and undeliberated, like those of a man discussing a neutral matter, but all of us, I think, received the impression that he had a strong personal dislike for Fife. Not a ravishing personality, what? remarked Vance, and he uses far too much jickey. Still, supplied Heath with a puzzled frown. A fellow's got to have a lot of nerve to shoot big game.

Starting point is 04:42:37 And speaking of nerve, I've been thinking that the guy who shot your brother, Major, was a mighty cool-headed proposition. He did it from the front when his man was wide awake, and with a servant upstairs, that takes nerves. Sergeant, you're positively brilliant, exclaimed Vance. End of Chapter 11. Chapter 12 of the Benson Murder Case by SS Van Dyne. This Liber Vox recording is in the public domain.

Starting point is 04:43:18 The owner of Occult 45. Monday, June 17, 4 noon. Though Vance and I arrived at the district attorney's office the following morning a little after nine, the captain had been waiting 20 minutes, and Markham directed Swacker to send him in at once. Captain Philip Leacock was a typical army officer, very tall, fully six feet, two inches, clean-shaven, straight, and slender. His face was grave and immobile, and he stood before the district attorney in the erect, earnest attitude of a soldier awaiting orders from his superior officer. Take a seat, Captain, said Markham, with a formal bow.

Starting point is 04:44:09 I have asked you here, as you probably know, to put a few questions to you concerning Mr. Alvin Benson. There are several points regarding your relationship with him, which I want you to explain. Am I suspected of complicity in the crime? Leacock spoke with a slight southern accent that remains to be seen. Markham told him coldly. It is to determine that point that I wish to question you. The other sat rigidly in his chair and waited. Markham fixed him with a direct gaze.

Starting point is 04:44:46 You recently made a threat on Mr. Alvin Benson's life, I believe. Leacock started, and his fingers tightened over his knees. But before he could answer, Markham continued, I can tell you the occasion on which the threat was made, it was at a party given by Mr. Leander Fife. Leacock hesitated, then thrust forward his jaw. Very well, sir, I admit I made the threat. Benson was a cad.

Starting point is 04:45:19 He deserved shooting. that night he had become more obnoxious than usual. He'd been drinking too much, and so had I, I reckon. He gave a twisted smile and looked nervously past the district attorney out of the window. But I didn't shoot him, sir. I didn't even know he'd been shot, until I read the paper the next day. He was shot with an army colt, the kind you fellows carried in the war, said Markham, keeping his eyes on the man. I know it, Leacock replied. The papers said so.

Starting point is 04:45:58 You have such a gun, haven't you, Captain? Again the other hesitated. No, sir. His voice was barely audible. What became of it? The man glanced at Markham, and then quickly shifted his eyes. I lost it in France.

Starting point is 04:46:18 Markham smiled faintly. then how do you account for the fact that Mr. Fife saw the gun the night you made the threat? Saw the gun? He looked blankly at the district attorney. Yes, saw it and recognized it as an army gun, persisted Markham in a level voice. Also, Major Benson saw you make a motion as if to draw a gun. Leacock drew a deep breath and set his mouth doggedly. "'I tell you, sir, I haven't a gun. I lost it in France.' "'Perhaps you didn't lose it, Captain. Perhaps you lent it to someone.'

Starting point is 04:47:00 "'I didn't, sir,' the words burst from his lips. "'Think a minute, Captain. Didn't you lend it to someone? No, I did not. You paid a visit yesterday to Riverside Drive. Perhaps you took it there with you?' Vance had been listening closely. Oh, do you said clever, he now murmured in my ear. Captain Leacock moved uneasily. His face, even with its deep coat of tan, seemed to pale, and he sought to avoid the implacable gaze of his questioner

Starting point is 04:47:38 by concentrating his attention upon some object on the table. When he spoke, his voice, heretofore truculent, was colored by anxiety. I didn't have it with me, and I didn't lend it to anyone. Markham sat, leaning forward over the desk, his chin on his hand, like a minatory graven image. It may be you lent it to someone prior to that morning. Prior to Leacock looked up quickly and paused,

Starting point is 04:48:13 as if analyzing the other's remark, Markham took advantage of his perplexity. Have you lent your gun to anyone since you returned from France? No, I've never lent it. He began, but suddenly halted and flushed. Then he added hastily, How could I lend it? I just told you, sir.

Starting point is 04:48:35 Never mind that, Markham cut in. So you had a gun, did you, Captain? Have you still got it? Leacock opened his lips. to speak, but closed them again tightly. Markham relaxed and leaned back in his chair. You were aware, of course, that Benson had been annoying Miss St. Clair with his attentions. At the mention of the girl's name, the captain's body became rigid.

Starting point is 04:49:05 His face turned a dull red, and he glared menacingly at the district attorney. At the end of a slow, deep inhalation, he spoke through, clenched teeth. Suppose we leave Miss St. Clair out of this. He looked as though he might spring at Markham. Unfortunately, we can't. Markham's words were sympathetic, but firm. Too many facts connect her with the case. Her handbag, for instance, was found in Benson's living room the morning after the murder. That's a lie, sir. Markham ignored the insult. Miss St. Clair herself admits the circumstance. He held up his hand, as the other was about to answer.

Starting point is 04:49:53 Don't misinterpret my mentioning the fact. I am not accusing Miss St. Clair of having anything to do with the affair. I'm merely endeavoring to get some light on your own connection with it. The captain studied Markham with an expression that clearly indicated he doubted these assurances. finally he set his mouth and announced with determination, "'I haven't anything more to say on the subject, sir?' "'You knew, didn't you?' continued Markham, "'that Miss St. Clair dined with Benson at the Marseilles on the night he was shot.

Starting point is 04:50:33 "'What of it?' retorted Leacock, sullenly. "'And you knew, didn't you, that they left the restaurant at midnight, and that Miss St. Clair did not reach her home until after one. A strange look came into the man's eyes. The ligaments of his neck tightened, and he took a deep, resolute breath, but he neither glanced at the district attorney nor spoke. You know, of course, pursued Markham's monotonous voice, that Benson was shot at half-past twelve.

Starting point is 04:51:11 He waited, and, And for a whole minute there was silence in the room. You have nothing more to say, Captain? He asked at length. No further explanations to give me. Leacock did not answer. He sat, gazing imperturbably ahead of him, and it was evident he had sealed his lips for the time being.

Starting point is 04:51:36 Markham rose. In that case, let us consider the interview at an end. The moment Captain Leacock had gone, Markham rang for one of his clerks. Tell Ben to have that man followed, find out where he goes and what he does. I want a report at the Stuyvesant Club tonight. When we were alone, Vance gave Markham a look of half-bantering admiration. Ingenious, not to say artful, but you know your questions about the lady were shocking bad form. "'No doubt,' Markham agreed.

Starting point is 04:52:15 "'But it looks now, as if we were on the right track. "'Leacock didn't create an impression of unassailable innocence. "'Didn't he?' asked Vance. "'Just what were the signs of his assailable guilt?' "'You saw him turn white when I questioned him about the weapon. "'His nerves were on edge. He was genuinely frightened.' "'Vance sighed. What a perfect, ready-made set of notions you have, Markham.

Starting point is 04:52:46 Don't you know that an innocent man, when he comes under suspicion, is apt to be more nervous than a guilty one, who, to begin with, had enough nerve to commit the crime, and secondly, realizes that any show of nervousness is regarded as guilty by you lawyer chaps. My strength is as the strength of ten because my heart is pure, is a mere Sunday school pleasantry. Touch almost any innocent man on the shoulder and say,

Starting point is 04:53:19 you're arrested, and his pupils will dilate, he'll break out in a cold sweat, the blood will rush from his face, and he'll have tremors and dysponia. If he's a hysteric or a cardiac neurotic, he'll probably collapse completely. It's the guilty person who, when thus accosted, lifts his eyebrows in bored surprise and says,

Starting point is 04:53:44 You don't mean it really. Here have a cigar. The hardened criminal may act, as you say, Malcolm conceded, but an honest man whose innocent doesn't go to pieces, even when accused. Vance shook his head hopelessly. My dear fellow, Kriyl and Voronov might well have lived in vain for all of you,

Starting point is 04:54:10 Manifestations of fear are the result of glandular secretions, nothing more. All they prove is that the person's thyroid is underdeveloped, or that his adrenals are subnormal. A man accused of a crime, or shown the bloody weapon with which it was committed, will either smile serenely or scream, or have hysterics or faint or appear distressed, or disinterested according to his hormones and irrespective of his guilt. Your theory, you see, would be quite all right if everyone had the same amount of the various internal secretions, but they haven't. Really, you know, you shouldn't send a man to the electric chair simply because he's deficient in endocrines. It isn't cricket.

Starting point is 04:55:07 Before Markham could reply, Swacker appeared at the the door and said Heath had arrived. The sergeant, beaming with satisfaction, fairly burst into the room, for once he forgot to shake hands. Well, it looks like we'd got hold of something workable. I went to this, Captain Leacock's apartment house last night, and here's the straight of it. Leacock was at home the night of the 13th, all right, but shortly after midnight he went out, headed west, get that, and he didn't return till about quarter of one. What about the Hallboy's original story? asked Markham. That's the best part of it. Leacock had the boy fixed, gave him money to swear he hadn't left

Starting point is 04:55:56 the house that night. What do you think of that, Mr. Markham? Pretty crude, huh? The kid loosened up when I told him I was thinking of sending him up the river for doing the job himself. Heath laughed, unpleasantly, and he won't spill anything to Leacock either. Markham nodded his head slowly. What you tell me, Sergeant, bears out certain conclusions I arrived at when I talked to Captain Leacock this morning. Ben put a man on him when he left here, and I'm to get a report tonight. Tomorrow may see this thing through. I'll get in touch with you in the

Starting point is 04:56:36 morning, and if anything's to be done, you understand you'll have the handling of it. When Heath had left us, Markham folded his hands behind his head and leaned back contentedly. I think I've got the answer. He said, The girl dined with Benson and returned to his house afterward. The captain, suspecting the fact went out, found her there, and shot Benson. That would account not only for her gloves and handbag, but for the hour it took her to go from the Marseilles to her home. It would also account for her attitude here Saturday, and for the captain's lying about the gun. There, I believe I have my case. The smashing of the captain's

Starting point is 04:57:27 alibi about clinches it. "'Oh, quite,' said Vance airily. "'Hope springs exulting on triumphant wing. Markham regarded him a moment. Have you entirely foresworn human reason as a means of reaching a decision? Here we have an admitted threat, a motive, the time, the place, the opportunity, the conduct, and the criminal agent. Those words sound strangely familiar, smiled Vance, didn't most of them fit the young lady also? and you really haven't got the criminal agent, you know. But it's no doubt floating about the city somewhere, a mere detail, however.

Starting point is 04:58:16 I may not have it in my hand, Markham countered, but, with a good man on the watch every minute, Leacock won't find much opportunity of disposing of the weapon. Vance shrugged indifferently. In any event, go easy, he admoned. my humble opinion is that you've merely unearthed a conspiracy conspiracy good lord what kind a conspiracy of circumstances don't you know i'm glad at any rate it hasn't to do with international politics returned markham good-naturedly he glanced at the clock you won't mind if i get to work i've a dozen things to attend to and a couple of committees to see "'Why don't you go across the hall

Starting point is 04:59:08 "'and have a talk with Ben Hanlon "'and then come back at 12.30. "'We'll have lunch together at the Bankers Club. "'Benz our greatest expert on foreign extradition "'and has spent most of his life chasing about the world "'after fugitives from justice. "'Hell spin you some good yarns. "'How perfectly fascinating!' exclaimed Vance with a yawn.

Starting point is 04:59:32 "'But instead of taking the suggestion, he walked to the window and lit a cigarette. He stood for a while, puffing at it, rolling it between his fingers, and inspecting it critically. You know, Markham, he observed, everything's going to pot these days. It's this silly democracy.

Starting point is 04:59:55 Even the nobility is degenerating. These regis cigarettes now, they've fallen off frightfully. There was a time when no self-respecting potentation. would have smoked such inferior tobacco. Markham smiled. What's the favor you want to ask? Favor?

Starting point is 05:00:15 What has that to do with the decay of Europe's aristocracy? I've noticed that whenever you want to ask a favor which you consider questionable etiquette, you begin with a denunciation of royalty. Observe and fellow commented Van Stryly, then he too smiled. Do you mind if I invite Colonel Ostrander along to lunch? Markham gave him a sharp look.

Starting point is 05:00:44 Biggsby Ostrander, you mean? Is he the mysterious colonel you've been asking people about for the last two days? That's the lad, pompous ass and that sort of thing. Might prove a bit edifying, though. He's the papa of Benson's crowd, so to speak, knows all parties. Regular old scandalmonger. Have him along by all means, agreed Markham. Then he picked up the telephone.

Starting point is 05:01:14 Now I'm going to tell Ben you're coming over for an hour or so. End of Chapter 12. Chapter 13 of the Benson Murder Case by S.S. Van Dyne. This Librevox recording is in the public domain. The Grey Cadillac. Monday, June 17, 12.30 p.m. When at half-past 12, Markham, Vance, and I entered the grill of the Bankers Club in the Equitable Building, Colonel Ostrander was already at the bar, engaged with one of Charlie's Prohibition,

Starting point is 05:01:59 clam broth, and Worcestershire sauce cocktails. Vance had telephoned him immediately upon our leaving the district attorney's office, requesting him to meet us at the club, and the Colonel had seemed eager to comply. Here is New York's gayest dog, said Vance, introducing him to Markham. I had met him before. A ciborite and a hedonist. He sleeps till noon, and makes no appointments before Tiffin time. I had to knock him up and threaten him with your official ire to get him. downtown at this early hour? Only too pleased to be of any service,

Starting point is 05:02:43 said the Colonel, grandiloquently. Shocking affair. Gad, I couldn't credit it when I read it in the papers. Fact is, though, I don't mind saying it. I have one or two ideas on the subject. Came very near, calling you up myself, sir. When we had taken our seats at the table, Vance began interrogating him without.

Starting point is 05:03:07 preliminaries. You know all the people in Benson's set, Colonel. Tell us something about Captain Leacock. What sort of a chap is he? Nah, so you've got your eye on the gallant captain. Colonel Ostrander pulled importantly at his white moustache. He was a large pink-faced man with bushy eyelashes and small blue eyes, and his manner and bearing were those of a pompous light opera general. Not a bad idea, might possibly have done it, hot-headed, fellow. He's badly smitten with a Miss St. Clair, fine girl, Muriel, and Benson was smitten, too. If I'd been twenty years younger myself, you're too fascinating to the ladies as it is, Colonel, interrupted Vance, but tell us about the captain?

Starting point is 05:04:03 Ah, yes, the captain comes from Georgia originally. served in the war, some kind of decoration. He didn't care for Benson. Disliked him, in fact. Quick-tempered, single-track-minded sort of person. Jealous, too. You know the type. The product of that tribal etiquette below the Mason-Dixon line

Starting point is 05:04:24 puts women on a pedestal. Not that they shouldn't be put there, God bless him. But he'd go to jail for a lady's honor. A shielder of womanhood. Sedimental cuss, full of chivalry. just the kind to blow out a rival's brains no questions asked popped and it's all over dangerous chap to monkey with benson was a confounded idiot to bother with the girl when he knew she was engaged leacock playing with fire i don't mind saying i was tempted to warn him but it was none of my affair i had no business interfered bad taste just how well did captain leacock know Benson? asked Vance. By that, I mean, how intimate were they? Not intimate at all, the Colonel replied.

Starting point is 05:05:16 He made a ponderous gesture of negation, and added. I should say not, formal, in fact. They met each other here and there, a good deal, though, knowing them both pretty well, I've often had them to little affairs at my humble Diggins. You wouldn't say Captain Leacock was a good gamble. "'Gambler, level-headed, and all that?' "'Gambler, huh?' "'The Colonel's manner was heavily contemptuous. "'Poorst I ever saw. "'Played poker worse than a woman.

Starting point is 05:05:49 "'Too excitable. "'Go ahead and keep his feelings to himself. "'All together too rash.' "'Then, after a momentary pause, "'by George, I see what you're aiming at, "'and you're dead right. "'It's rash, young puppies, just like him, "'that go about shooting people they don't want.

Starting point is 05:06:07 like. The captain, I take it, is quite different in that regard from your friend Leander Fife, remarked Vance. The colonel appeared to consider. Yes, and no, he decided, Fife's a cool gambler, that I'll grant you. He once ran a private gambling place of his own Belon-Long-Iland, Roulette, Monty, Baccarat, that sort of thing. And he popped tigers and and wild boars in Africa for a while, but Fife's got his sentimental side, and need plunge on a pair of deuses with all the betting odds against him,

Starting point is 05:06:48 not a good scientific gambler. Flighty and his impulses, if you understand me. I don't mind admitting, though, that he could shoot a man and forget all about it in five minutes, but he need a lot of provocation. He may have had it, you can't tell. Fife and Benson were rather intimate, weren't they? Very, very.

Starting point is 05:07:13 Always saw him together when Fife was in New York, known each other years. Boone companions, as they called him in the old days, actually lived together before Fife got married. An exacting woman, Fife's wife, makes him tow the mark, but loads of money. Speaking of ladies, said Vance, what was the situation?

Starting point is 05:07:37 between Benson and Miss St. Clair. Who can tell? asked the Colonel, said Tetchously. Muriel didn't cotton to Benson, that's sure. And yet, the women are strange creatures. Oh, no end strange, agreed Vance, a trifle wearily. But really, you know, I wasn't prime into the lady's personal relations with Benson. I thought you might know her mental attitude concerning.

Starting point is 05:08:07 him. Ah, I see. Would she, in short, have been likely to take desperate measures against him? E gad, that's an idea. The Colonel pondered the point. Muriel now is a girl of strong character, works hard at her art. She's a singer, and I don't mind telling you a mighty fine one. She's deep, too, deuced deep and capable. Not afraid of taking a chance, independent. I myself wouldn't want to be in her path if she had it in for me. Might stick at nothing. He nodded his head sagely.

Starting point is 05:08:51 Women are funny that way. Always surprising you, no sense of values. The most peaceful of him will shoot a man in cold blood without warning. He suddenly sat up, and his little blue eyes glistened like China. by gad, he fairly blurted the ejaculation. Muriel had dinner alone with Benson the night he was shot, the very night. Saw him together myself at the Marseilles.

Starting point is 05:09:19 You don't say, really, muttered Vance, incuriously. But I suppose we all must eat. By the by, how well did you know Benson yourself? The Colonel looked startled, but Vance's innocuous expression seemed. to reassure him. I, my dear fellow, I've known Alvin Benson

Starting point is 05:09:41 15 years, at least 15, maybe longer, showed him the sights in this old town before the lid was put on. A live town it was then wide open, anything you wanted. Gad, what times we had.

Starting point is 05:09:58 Those were the days of the old haymarket, never thought of Tudlin home till breakfast. Vance, again, interrupted his irrelevancies. How intimate are your relations with Major Benson? The Major. Well, that's another matter. He and I belong to different schools, dissimilar tastes. We never hit it off, rarely see each other. He seemed to think that some explanation was necessary, for before Vance could speak again, he added,

Starting point is 05:10:30 the major you know was never one of the boys as we say disapproved of gaiety didn't mix with our little set considered me and alvin too frivolous serious-minded chap vance ate in silence for a while then asked in an offhand way did you do much speculating through benson and benson for the first time the colonel appeared hesitant about answering he ostentatiously wiped his mouth with his napkin. Oh, dabbled a bit, he at length admitted, airily. Not very lucky, though, we all flirted now and then with the goddess of chance in Benson's office. Throughout the lunch, Vance kept plying him with questions along these lines, but at the end of an hour, he seemed to be no nearer anything definite than when he began. Colonel Ostrender was voluble, but his fluency was vague and disorganized. He talked mainly in parentheses, and insisted on elaborating his answers with rambling opinions, until it was almost impossible

Starting point is 05:11:43 to extract what little information his words contained. Vance, however, did not appear discouraged. He dwelt on Captain Leacock's character and seemed particularly interested in his personal relationship with Benson. Fife's gambling proclivities also occupied his attention, and he let the colonel ramble on tiresomily about the man's gambling house on Long Island and his hunting experiences in South Africa. He asked numerous questions about Benson's other friends, but paid scant attention to the answers. The whole interview impressed me as pointless, and I could not help wondering what Vance hoped to learn. Markham, I was convinced, was equally at sea. He pretended, polite interest, and nodded appreciatively during the colonel's incredibly drawn-out periods. But his eyes wandered,

Starting point is 05:12:42 occasionally, and several times, I saw him give Vance a look of reproachful inquiry. There was no doubt, however, that Colonel Ostrander knew his people. When we were back in the district attorney's office, having taken leave of our garrulous guest at the subway entrance, Vance threw himself into one of the easy chairs with an air of satisfaction. Most entertain and what? As an eliminator of suspects, the colonel has his good points. Eliminator, retorted Markham. It's a good thing he's not connected with the police. He'd have half the community jailed for shooting Benson. He is a bit bloodthirsty, Vance admitted. He's determined to get somebody jailed for the crime.

Starting point is 05:13:34 According to that old warrior, Benson's coterie was a camora of gunmen, not forgetting the women. I couldn't help getting the impression, as he talked, that Benson was miraculously lucky not to have been riddled with bullets long ago. It's obvious, commented Vance, that you overlooked the illuminating flash. in the Colonel's thunder. Were there any, Markham asked. At any rate, I can't say that they exactly blinded me by their brilliance. And you received no solace from his words? Only those in which he bade me a fond farewell.

Starting point is 05:14:15 The parting didn't exactly break my heart. What the old boy said about Leacock, however, might be called a confirmatory opinion. It verified, if verification had been necessary the case against the captain. Vance smiled cynically. Oh, to be sure. And what he said about Miss St. Clair would have verified the case against her, too, last Saturday. Also, what he said about Fife would have verified the case against that, Boz-A-Breur, if you happened to suspect him, a what? Vance had scarcely finished speaking when Swacker came in. to say that Emery from the Homicide Bureau

Starting point is 05:15:00 had been sent over by Heath and wished, if possible, to see the district attorney. When the man entered, I recognized him at once as the detective who had found the cigarette butts in Benson's grate. With a quick glance at Vance and me, he went directly to Markham.

Starting point is 05:15:20 We found the grey Cadillac, sir, and Sergeant Heath thought you might want to know about it right away. It's in a small one-man garage on 74th Street near Amsterdam Avenue, and has been there three days. One of the men from the 68th Street Station located it and phoned it into headquarters, and I hopped up town at once. It's the right car, fishing tackle and all, except for the rods, so I guess the ones found in Central Park belonged to the car after all,

Starting point is 05:15:55 fell out, probably. It seems, a fellow drove the car into the garage about noon last Friday and gave the garage man $20 to keep his mouth shut. The man's a whop and says he don't read the papers. Anyway, he came across Pronto when I put the screws on. The detective drew out a small notebook. I looked up the car's number.

Starting point is 05:16:22 It's listed in the name of Lian. Ander Fife, 24 Elm Boulevard, Port Washington, Long Island. Markham received this piece of unexpected information with a perplexed frown. He dismissed Emery, almost curtly, and sat, tapping thoughtfully, on his desk. Vance watched him with an amused smile. "'It's really not a madhouse, you know,' he observed comfortingly. "'I say, don't the curses. Colonel's words bring you any chair, now that you know Leander was hovering about the

Starting point is 05:17:01 neighbourhood at the time Benson was translated into the beyond? Damn, your old Colonel, snapped Markham. What interests me at present is fitting this new development into the situation. It fits beautifully, Vance told him. It rounds out the mosaic, so to speak. Are you actually disconcerted by learning that Fife was the owner of the mysterious car? Not having your gift of clairvoyance, I am, I confess, disturbed by the fact. Markham lit a cigar, an indication of worry. You, of course, he added, with sarcasm, knew before Emory came here that it was Fife's car. I didn't know, Vance corrected him, but I had a strong suspicion. Fife overdid his distress when he told us,

Starting point is 05:17:55 his breakdown in the cat-skills, and Heath's question about his itinerary annoyed him frightfully. His o'-ture was too melodramatic. Your ex post facto wisdom is most useful. Markham smoked a while in silence. I think I'll find out about this matter. He rang for Swacker. Call up the Ansonia, he ordered angrily, locate Leander Fife, and say I want to see. him at the Stuyvesant Club at six o'clock, and tell him he's to be there.

Starting point is 05:18:31 It occurs to me, said Markham, when Swacker had gone, that this car episode may prove helpful, after all. Fife was evidently in New York that night, and for some reason he didn't want it known. Why, I wonder? He tipped us off about Lee Cox's threat against Benson, and hinted strongly that we'd better get on the fellow's track. Of course, he may have been sore at Leacock for winning Miss St. Clair away from his friend, and taken this means of wreaking a little revenge on him. On the other hand, if Fife was at Benson's house the night of the murder, he may have some real information. And now that we've found out about the car, I think he'll tell us what he knows. "'He'll tell you something, anyway,' said Vance.

Starting point is 05:19:26 "'He's the type of congenital liar that'll tell anybody anything, "'as long as it doesn't involve himself unpleasantly. "'You and the Cumaean Cibble, I presume, "'could inform me in advance what he's going to tell me. "'I couldn't say, as to the Cumaean Cibble, don't you know?' "'Vance returned lightly, but speaking for myself, I rather fancy, he'll tell you, that he saw the impetuous captain at Benson's house that night. Markham laughed.

Starting point is 05:19:59 I hope he does. You will want to be on hand to hear him, I suppose. I couldn't bear to miss it. Vance was already at the door, preparatory to going, when he turned again to Markham. I've another slight favour to ask. Get a dossier on Fife. there's a good fellow. Send one of your innumerable dogberries to Port Washington, and have the gentleman's conduct and social habits looked into,

Starting point is 05:20:28 tell your empery to concentrate on the woman question. I promise you, you fat, regret it. Markham, I could see, was decidedly puzzled by this request, and half inclined to refuse it. But after deliberating a few moments, he smiled and pressed a button on his desk. Anything to humor you, he said, I'll send a man down at once. End of Chapter 13. Chapter 14 of the Benson murder case by S.S. Van Dyne. This Libra Box recording is in the public domain.

Starting point is 05:21:13 Links in the chain. Monday, June 17, 6 p.m. Vance and I spent an hour. or so that afternoon at the Anderson Galleries, looking at some tapestries, which were to be auctioned the next day, and afterward at tea at Sherry's. We were at the Stevesant Club a little before six. A few minutes later, Markham and Fife arrived, and we went at once into one of the conference rooms. Fife was as elegant and superior as at the first interview. He wore a rat-catcher suit and Newmarket gaiters of unbleached linen, and was redolent of perfume.

Starting point is 05:21:58 An unexpected pleasure to see you gentlemen again so soon, he greeted us, like one conferring a blessing. Markham was far from amiable, and gave him an almost brusque salutation. Vance had merely nodded, and now sat regarding Fife drearily, as if seeking to find some excuse for his existence, but utterly unable to do so. Markham went directly to the point. I found out, Mr. Fife, that you placed your machine in a garage at noon on Friday, and gave the man $20 to say nothing about it. Fife looked up with a hurt look.

Starting point is 05:22:41 I've been deeply wronged, he complained, sadly. I gave the man $50. I am glad you admit the fact. "'So readily,' returned Markham, "'you knew by the newspapers, of course, "'that your machine was seen outside Benson's house "'the night he was shot. "'Why else should I have paid so liberally

Starting point is 05:23:02 "'to have its presence in New York kept secret?' "'His tone indicated that he was pained "'at the other's obtuseness. "'In that case, why did you keep it in the city at all?' asked Markham. "'You could have driven it back to Long Island.' fife shook his head sorrowfully a look of commiseration in his eyes then he leaned forward with an air of benign patience he would be gentle with this dull-witted district attorney like a fond teacher with a backward child and would strive to lead him out of the tangle of his uncertainties i am a married man mr markham he pronounced the fact as if some special virtue attached to it I started on my trip for the Catskills Thursday after dinner,

Starting point is 05:23:54 intending to stop a day in New York to make my adieu to someone residing here. I arrived quite late after midnight and decided to call on Alvin, but when I drove up, the house was dark. So, without even ringing the bell, I walked to Pietros in 43rd Street to get a nightcap. I keep a bit of my own pinch bottle, Hague and Hague there, but, alas, the place was closed, and I strolled back to my car, to think that while I was away, poor Elvin was shot. He stopped, and polished his eyeglass. The irony of it,

Starting point is 05:24:36 I didn't even guess that anything had happened to the dear fellow, how could I? I drove, all unsuspecting of the tragedy, to a Turkish bath, and remained there the night. The next morning I read of the murder, and in the later editions I saw the mention of my car. It was then I became, shall I say, worried, but no, worried's a misleading word. Let me say rather, that I became aware of the false position I might be placed in, if the car were traced to me. So I drove it to the garage and paid the man to say nothing of its whereabouts, lest its discovery confused the issue of Alvin's death.

Starting point is 05:25:23 One might have thought from his tone and the self-righteous way he looked at Markham that he had bribed the garage man wholly out of consideration for the district attorney and the police. Why didn't you continue on your trip? asked Markham. That would have made the discovery of the car even less likely. Fife adopted an air of compassionate surprise. eyes. With my dearest friend fouly murdered, how could one have the heart to seek diversion at such a sad moment? I returned home and informed Mrs. Fife that my car had broken down. You might have driven home in your car, it seems to me, observed Markham.

Starting point is 05:26:09 Fife offered a look of infinite forbearance for the other's inspection and took a deep sigh, which conveyed the impression that, though he could not sharpen the world's perceptions, he at least could mourn for its deplorable lack of understanding. If I had been in the cat-skills away from any source of information, where Mrs. Fife believed me to be, how would I have heard of Alvin's death until, perhaps, the day afterward? You see, unfortunately, I had not mentioned to Mrs. Fife that I was stopped, over in New York. The truth is, Mr. Markham, I had reason for not wishing my wife to know I was in the

Starting point is 05:26:54 city. Consequently, if I had driven back at once, she would, I regret to say, have suspected me of breaking my journey. I therefore pursued the course, which seemed simplest. Markham was becoming annoyed at the man's fluent hypocrisy. After a brief silence, he asked abrupt. did the presence of your car at benson's house that night have anything to do with your apparent desire to implicate captain lecoq in the affair fife lifted his eyebrows in pained astonishment and made a gesture of polite protestation my dear sir his voice betokened profound resentment at the other's unjust imputation if yesterday you detected in my words an undercurrent of suspicion against Captain Leacock, I can account for it only by the fact that I actually saw the captain in front of Alvin's house when I drove up that night. Markham shot a curious look at Vance, then said to Fife, You are sure you saw Leacock. I saw him quite distinctly, and I would have

Starting point is 05:28:11 mentioned the fact yesterday, had it not involved the tacit confession of my own presence there. What if it had? demanded Markham. It was vital information, and I could have used it this morning. You were placing your comfort ahead of the legal demands of justice, and your attitude puts a very questionable aspect on your own alleged conduct that night. You are pleased to be severe, sir, said Fife, with self-pity, but, having placed myself in a false position, I must accept your criticism. Do you realize, Markham went on, that many a district attorney, if he knew what I now know about your movements, and had been treated the way you've been treating me, would arrest you

Starting point is 05:29:00 on suspicion? Then I can only say, was the suave response, that I am most fortunate in my inquisitor. Markham rose. That will be all for today, Mr. Mr. Fife, but you are to remain in New York until I give you permission to return home. Otherwise, I will have you held as a material witness. Fife made a shocked gesture in deprecation of such accerbitis, and bade us a ceremonious good afternoon.

Starting point is 05:29:34 When we were alone, Markham looked seriously at Vance. Your prophecy was fulfilled, though I didn't dare hope for such luck. Fife's evidence puts the final link in the chain against the captain. Vance smoked languidly. I'll admit your theory of the crime is most satisfying, but, alas, the psychological objection remains. Everything fits, with the one exception of the captain, and he doesn't fit at all.

Starting point is 05:30:09 Silly idea, I know, but he has no more business being cast as the murderer of Benson than the bisonic tetrazzini had for being cast as the physical Mimi. Footnote 16, obviously a reference to Tetrazzini's performance in La Vuen at the Manhattan Opera House in 1908. In any other circumstances, Markham answered, I might defer reverently to your charming theories, but with all the circumstantial and presumptive evidence I have against Leacock, it strikes my inferior legal mind as sheer nonsense to say he just couldn't be guilty because his hair is parted in the middle

Starting point is 05:30:55 and he tucks his napkin in his collar. There's too much logic against it. I'll grant your logic is irrefutable, as all logic is, no doubt. You've probably convinced many innocent persons by sheer reasoning that they were guilty. Vance stretched himself wearily. What do you say to a light repast on the roof? The unutterable Fife has tired me.

Starting point is 05:31:23 In the summer dining room on the roof of the Stuyvesant Club, we found Major Benson sitting alone, and Markham asked him to join us. I have good news for you, Major, he said, when we had given our order, I feel confident that I have my man, everything points to him. Tomorrow we will see the end, I hope.

Starting point is 05:31:44 The Major gave Markham a questioning frown. I don't understand exactly, from what you told me the other day. I got the impression there was a woman involved. Markham smiled awkwardly and avoided Vance's eyes. A lot of water has run under the bridge since then, he said. The woman I had in mind was eliminated as soon as we began to check up. upon her, but in the process I was led to the man. There's little doubt of his guilt. I feel pretty sure about it this morning, and just now I learned that he was seen by a credible witness

Starting point is 05:32:22 in front of your brother's house within a few minutes of the time the shot was fired. Is there any objection to your telling me who it was? The major was still frowning. None whatever. The whole city will probably know it tomorrow. It was capital, Leacock. Major Benson stared at him in unbelief. Impossible. I simply can't credit it. That boy was with me three years on the other side, and I got to know him pretty well. I can't help feeling there's a mistake somewhere. The police, he added quickly, have got on the wrong track. It's not the police, Markham informed him. It was my own investigations that turned up the captain.

Starting point is 05:33:10 the major did not answer but his silence bespoke his doubt you know put in vance i feel the same way about the captain that you do major it rather pleases me to have my impressions verified by one who has known him so long what then was leacock doing in front of the house that night urged markham assiduously he might have been singing carols beneath benson's window suggested vance Before Markham could reply, he was handed a card by the head waiter. When he glanced at it, he gave a grunt of satisfaction, and directed that the caller be sent up immediately. Then, turning back to us, he said, We may learn something more now. I've been expecting this man, Higginbotham.

Starting point is 05:34:01 He's the detective that followed Leacock from my office this morning. Higginbotham was a wiry, pale-faced youth, with fishy eyes and a shifty manner. He slouched up to the table and stood hesitantly before the district attorney. Sit down and report Hickenbotham, Markham ordered. These gentlemen are working with me on the case. I picked up the bird while he was waiting for the elevator. The man began, eyeing Markham craftily.

Starting point is 05:34:33 He went to the subway and rode uptown to 79th and Broadway. He walked through 80th to Riverside Drive and went in the apartment house at number 94. Didn't give his name to the boy, got right in the elevator. He stayed upstairs a couple hours, came down at 120, and hopped a taxi. I picked up another one and followed him. He went down the drive to 72nd through Central Park and east on 59th. Got out at Avenue A and walked out on the Queensborough Bridge. About halfway to Blackwell's Island, he stood, leaning over the rail for five or six minutes.

Starting point is 05:35:14 Then he took a small package out of his pocket and dropped it in the river. What size was the package? There was a repressed eagerness in Markham's question. Higginbotham indicated the measurements with his hands. How thick was it? In sure so, maybe? Markham leaned forward. Could it have been a gun, a colt automatic?

Starting point is 05:35:37 "'Sure it could, just about the right size. "'And it was heavy, too. "'I could tell by the way he handled it, "'and the way it hit the water. "'All right, Markham was pleased. "'Anything else?' "'No, sir. "'After he ditched the gun,

Starting point is 05:35:53 "'he went home and stayed. "'I left him there.' "'When Higginbotham had gone, "'Markham nodded at Vance with melancholy elation. "'There's your criminal agent. "'What more would you like?' "'Oh, lots,' drolled Vance. Major Benson looked up, perplexed.

Starting point is 05:36:13 I don't quite grasp the situation. Why did Leacock have to go to Riverside Drive for his gun? "'I have every reason to think,' said Markham, "'that he took it to Miss St. Clair, the day after the shooting, for safekeeping, probably. He wouldn't have wanted it found in his place. Might he not have taken it to Miss St. Clair's before, the shooting? I know what you mean, Markham answered. I, too, recalled the major's assertion

Starting point is 05:36:44 the day before that Miss St. Clair was more capable of shooting his brother than was the captain. I had the same idea myself, but certain evidential facts have eliminated her as a suspect. You've undoubtedly satisfied yourself on the point, returned the major, but his tone was dubious. However, I can't see Leacock as Alvin's murderer. He paused and laid a hand on the district attorney's arm. I don't want to appear presumptuous or unappreciative of all you've done, but I really wish you'd wait a bit before clapping that boy into prison. The most careful and conscientious of us are liable to error,

Starting point is 05:37:30 even facts sometimes lie damnably, and I can't help believing that the facts in this instance have deceived you. It was plain that Markham was touched by this request of his old friend, but his instinctive fidelity to duty helped him to resist the other's appeal. I must act according to my convictions, Major, he said firmly, but with a great kindness. End of Chapter 14. Chapter 15 of the Pets. M. Benson murder case by SS Van Dyne. This Librevox recording is in the public domain.

Starting point is 05:38:16 Fife, Personal. Tuesday, June 18, 9 a.m. The next day, the fourth of the investigation, was an important and in some ways a momentous one in the solution of the problem posed by Alvin Benson's murder. Nothing of a definite nature came to light, but a new element was injected into the case, and this new element eventually led to the guilty person. Before we parted from Markham after our dinner with Major Benson, Vance had made the request that he be permitted to call at the district attorney's office the next morning. Markham, both disconcerted and impressed,

Starting point is 05:39:07 by his unwonted earnestness, had complied, although I think he would rather have made his arrangements for Captain Leacock's arrest without the disturbing influence of the other's protesting presence. It was evident that, after Higginbotham's report, Markham had decided to place the captain in custody and to proceed with his preparation of data for the grand jury. Although Vance and I arrived at the office at 9 o'clock, Markham was already there.

Starting point is 05:39:43 As we entered the room, he picked up the telephone receiver and asked to be put through to Sergeant Heath. At that moment, Vance did an amazing thing. He walked swiftly to the district attorney's desk and, snatching the receiver out of Markham's hand, clamped it down on the hook. Then he placed the telephone to one side and laid both hands on the other's shoulders. Markham was too astonished and bewildered to protest, and before he could recover himself,

Starting point is 05:40:18 Vance said in a low, firm voice, which was all the more impelling because of its softness, I'm not going to let you jail be cock. That's what I came here for this morning. you are not going to order his arrest, as long as I'm in this office and can prevent it, by any means whatever. There's only one way you can accomplish this act of unmitigated folly, and that's by summoning your policeman and having me forcibly ejected. And I advise you to call a goodly number of them, because I'll give them the battle of their bellicose lives. The incredible part of this threat was that Vance meant it literally, and Markham knew he meant it. If you do call your henchmen, he went on, you will be the laughing stock of the city inside of a week,

Starting point is 05:41:15 for by that time it'll be known who really did shoot Benson, and I'll be a popular hero and a martyr, God save the mark, for defying the district attorney, and offering up my sweet freedom on the altar of truth and justice and that sort of thing. The telephone rang, and Vance answered it. Not wanted, he said, closing off immediately. Then he stepped back and folded his arms.

Starting point is 05:41:47 At the end of a brief silence, Markham spoke, his voice quavering with rage. If you don't go at once, Vance, and let me run this office myself, I have no choice but to call in those policemen. Vance smiled. He knew Markham would take no such extreme measures. After all, the issue between these two friends was an intellectual one, and though Vance's actions had placed it for a moment on a physical basis, there was no danger of its so continuing. Markham's belligerent gaze slowly turned to one of profound perplexity.

Starting point is 05:42:31 Why are you so damned interested in Leacock? He asked why this irrational insistence that he remain at large. You priceless inexpressible ass, Vance strove to keep all hint of affection out of his voice. Do you think I care particularly what happens to a southern army captain? There are hundreds of Leacock. all alike, with their square shoulders and square chins, and their knobby clothes, and their totemistic codes of barbaric chivalry. Only a mother could tell them apart. I'm interested in you, old chap. I don't want to see you make a mistake that's going to injure you more than it will Leacock.

Starting point is 05:43:18 Markham's eyes lost their hardness. He understood Vance's motive and forgave him, but he was still firm in his belief of the captain's guilt. He remained thoughtful for some time. Then, having apparently arrived at a decision, he rang for Swacker and asked that Phelps be sent for. I've a plan that may nail this affair down tight, he said, and it'll be evidence that not even you, Vance, can gainsay.

Starting point is 05:43:50 Phelps came in and Markham gave him instructions. go and see miss st clair at once get to her some way and ask her what was in the package captain leacock took away from her apartment yesterday and through in the east river he briefly summarised higginbotham's report of the night before demand that she tell you and intimate that you know it was the gun with which benson was shot she'll probably refuse to answer and will tell you to get out. Then go downstairs and wait developments. If she phones, listen in at the switchboard. If she happens to send a note to anyone, intercept it. And if she goes out, which I hardly think likely, follow her and learn what you can. Let me hear from you the minute you get hold of anything. I get you, Chief. Phelps seemed pleased with the assignment and departed with alacrity. Are such burglarious and eavesdropping methods considered ethical by your learned profession?

Starting point is 05:45:02 asked Vance. I can't harmonize such conduct with your other qualities, you know? Markham leaned back and gazed up at the chandelier. Personal ethics don't enter into it, or if they do, they are crowded out by greater and graver considerations by the higher demands of justice. Society must be protected, and the citizens of this county look to me for their security against the encroachments of criminals and evildoers. Sometimes, in the pursuance of my duty, it is necessary to adopt courses of conduct that conflict with my personal instincts. I have no right to jeopardize the whole of society because of an assumed ethical obligation to an individual. You understand, of course, that I would not use any

Starting point is 05:45:56 information obtained by these unethical methods, unless it pointed to criminal activities on the part of that individual. And, in such a case, I would have every right to use it for the good of the community. I dare say you're right, yawned Vance, but society doesn't interest me particularly, and I infinitely prefer good manners to righteousness. As he finished speaking, Swacker announced Major Benson, who wanted to see Markham at once.

Starting point is 05:46:29 The Major was accompanied by a pretty young woman of about 22 with yellow-bbed hair, dressed daintily and simply in light blue creptachine. But for all her youthful and somewhat frivolous appearance, she possessed a reserve and competency of manner that immediately evoked one's confidence. Major Benson introduced her as his secretary,

Starting point is 05:46:55 and Markham placed a chair for her facing his desk. Miss Hoffman has just told me something that I think it's vital for you to know, said the Major, and I brought her directly to you. He seemed unusually serious, and his eyes held a look of expectancy, colored with doubt. Tell Mr. Markham exactly what you told me, Miss Hoffman. The girl raised her head prettily and related her story in a capable, well-modulated voice. About a week ago, I think it was Wednesday, Mr. Fife called on Mr. Alvin Benson in his private office. I was in the next room where my typewriter is located. There's only a glass partition between the two rooms.

Starting point is 05:47:43 and when anyone talks loudly in Mr. Benson's office, I can hear them. In about five minutes, Mr. Fife and Mr. Benson began to quarrel. I thought it was funny, for they were such good friends, but I didn't pay much attention to it, and went on with my typing. Their voices got very loud, though, and I caught several words. Major Benson asked me this morning what the words were. So, I suppose, you want to know too. Well, they kept referring to a note, and once or twice a check was mentioned.

Starting point is 05:48:22 Several times I caught the word father-in-law, and once Mr. Benson said, Nothing doing. Then Mr. Benson called me in and told me to get him an envelope marked Fife Personal out of his private drawer in the safe. I got it for him, but right after that, our bookkeeper wanted me for something, so I didn't hear any more. About 15 minutes later, when Mr. Fife had gone, Mr. Benson called me to put the envelope back, and he told me that if Mr. Fife ever called again, I wasn't under any circumstances to let him into the private office unless he himself was there. He also told me that I wasn't

Starting point is 05:49:08 to give the envelope to anybody, not even on a written order. And that is all, Mr. Markham. During her recital, I had been as much interested in Vance's actions as in what she had been saying. When first she had entered the room,

Starting point is 05:49:28 his casual glance had quickly changed to one of attentive animation and he had studied her closely. When Markham had placed the chair for her, he had risen and reached for a book lying on the table near her, and in so doing he had leaned unnecessarily close to her in order to inspect, or so it appeared to me, the side of her head. And during her story, he had continued his observation, at times bending slightly to the right or left, to better his view of her. Unaccountable, as his actions had seemed, I knew that,

Starting point is 05:50:08 that some serious consideration had prompted the scrutiny. When she finished speaking, Major Benson reached in his pocket and tossed a long Manila envelope on the desk before Markham. Here it is, he said, I got Miss Hoffman to bring it to me the moment she told me her story. Markham picked it up, hesitantly, as if doubtful of his right to inspect its contents. You'd better look at it, the major advised,

Starting point is 05:50:40 That envelope may very possibly have an important bearing on the case. Markham removed the elastic band and spread the contents of the envelope before him. They consisted of three items. A cancelled check for 10,000 pounds made out to Leander Fife and signed by Alvin Venson, a note for 10,000 pounds to Alvin Benson signed by Fife, and a brief confession, also signed by Fife, saying the check was a forgery. The check was dated March 20th of the current year. The confession and the note were dated two days later.

Starting point is 05:51:24 The note, which was for 90 days, fell due on Friday, June 21st, only three days off. For fully five minutes, Markham studied these documents in silence. Their sudden introduction into the case seemed to mystify him. Nor had any of the perplexity left his face when he finally put them back in the envelope. At length he turned to the Major. I'll keep this envelope a while, if you'll let me. I don't see its significance at present, but I'd like to think it over. When Major Benson and his secretary had gone, Vance rose and extended his legs.

Starting point is 05:52:07 "'A la fin,' he murmured. "'All things journey, sun and moon, "'morning noon and afternoon, night and all her stars. "'Videlis it, we begin to make progress.' "'What the devil are you driving at?' "'The new complication of Fife's peccadillos "'had left Markham irritable. "'Interesting young woman, this Miss Hoffman,

Starting point is 05:52:32 "'a what?' Vance rejoined irrelevantly. "'Didn't caret. care specially for the deceased Benson, and she fairly detests the aromatic Leander. He has probably told her he was misunderstood by Mrs. Fife, and invited her to dinner. Well, she's pretty enough, commented Markham indifferently. Benson, too, may have made advances, which is why she disliked him. Oh, absolutely, Vance mused a moment. Pretty, yes, but misleading. she's an ambitious gal and capable to knows her business she's no ball of fluff she has a solid honest streak in her bit of teutonic blood i'd say he paused meditatively

Starting point is 05:53:23 you know markup i have a suspicion you'll hear from little miss katinka again crystal gazing eh mumbled markham dear no vance was looking lazily out of the window but I did enter the silence, so to speak, and indulged in a bit of cranialogical contemplation. I thought I noticed you ogling the girl, said Markham, but since her hair was bobbed and she had her hat on, how could you analyze the bumps? If that's the phrase you phrenologists use. Forget not Goldsmith's preacher, thence admonished.

Starting point is 05:54:04 Truth from his lips prevail, and those who came to scoff remained, et cetera, et cetera. To begin with, I'm no phrenologist, but I believe in epical, racial, and hereditary variations in skulls. In that respect, I'm merely an old-fashioned Darwinian. Every child knows that the skull of the piltdown man differs from that of the Crow Magnaard,

Starting point is 05:54:34 and even a lawyer could distinguish an Aryan head. head from a ural-altaic head, or a meleic from a negrio, and if one is versed at all in the mandalian theory, hereditary cranial similarities can be detected. But all this erudition is beyond you, I fear. Suffice it to say that despite the young woman's hat and hair, I could see the contour of her head, and the bone structure in her face, and I even caught a glimpse of her ear, and thereby deduced that we'd hear from her again, added Markham scornfully. Indirectly, yes, admitted Vance, then after a pause. I say, in view of Miss Hoffman's revelation, do not Colonel Ostrander's comments of yesterday

Starting point is 05:55:27 begin to take on a phosphorescent aspect? "'Look here,' said Markham impatiently. "'Cut out the circumlocutions and get to the point.' Vance turned slowly from the window and regarded him pensively. "'Markham, I put the question academically. "'Doesn Fife's forged cheque, with its accompanying confession, "'and its shortly due note, "'constitute a rather strong motive for doing away with Benson?'

Starting point is 05:55:58 Markham sat up suddenly. You think Fife guilty, is that it? Well, here's the touch and situation. Fife obviously signed Benson's name to a check, told him about it, and got the surprise of his life when his dear old pal asked him for a 90-day note to cover the amount, and also for a written confession to hold over him to insure payment.

Starting point is 05:56:27 Now, consider the subject. subsequent facts. First, Fife called on Benson a week ago and had a quarrel in which the check was mentioned. Damon was probably pleading with Pythius to extend the note, and was vulgarly informed that there was nothing doing. Secondly, Benson was shot two days later, less than a week before the note fell due. Thirdly, Fife was at Benson's house, hour of the shooting, and not only lied to you about his whereabouts, but bribed a garage owner to keep silent about his car. Fourthly, his explanation, when caught, of his unrewarded search for Hague and Hague, was, to say the least, a bit thick. And don't forget that the original

Starting point is 05:57:22 tale of his lonely quest for nature's solitudes in the Catskills, with his misconduct, with his mysterious stopover in New York to confer a farewell benediction upon some anonymous person, was not all that one could have hoped for in the line of plausibility. Fifthly, he is an impulsive gambler, given to taking chances and his experiences in South Africa would certainly have familiarized him with firearms. Sixthly, he was rather eager to invite the and did a bit of caddish tail-bearing to that end, even informing you that he saw the captain at the fatal moment. Seventhly, but why bore you,

Starting point is 05:58:12 motive, time, place, opportunity, conduct? All that's wanting is the criminal agent, but then the captain's gun is at the bottom of the East River, so you're not very much better off in this case, what? Markham had listened, attentively to Vance's summary. He now sat in rapt silence, gazing down at the desk. Now about a little chat with Fife, before you make any final move against the captain, suggested Vance. I think I'll take your advice, answered Markham slowly after several minutes' reflection.

Starting point is 05:58:50 Then he picked up the telephone. I wonder if he's at his hotel now. Oh, he's there, said Vance. watchful, wait'n, and all that. Fife was in, and Markham requested him to come at once to the office. There's another thing I wish you'd do for me, said Vance, when the other had finished telephoning. The fact is, I'm longing to know what everyone was doing during the hour of Benson's dissolution, that is, between midnight and 1 a.m. on the night of the 13th, or to speak pedantically the morning of the fourteenth. Markham looked at him in amazement.

Starting point is 05:59:35 Seems silly, doesn't it? Vance went on, blithely, but you put such faith in alibis, though they do prove disappointed at times, what? There's Leacock, for instance. If that hall-boy had told Heath to toddle along and sell his violets, you couldn't do a blessed thing to the captain, which shows you see that you're too trustin.

Starting point is 06:00:00 Why not find out where everyone was? Fife and the captain were at Benson's, and they're about the only ones whose whereabouts you've looked into. Maybe there were others hovering around Alvin that night. There may have been a crush of friends and acquaintances on hand, a regular soiree, you know. Then again, checking up on all these people will supply the desolate sergeant with something to take his mind off his sorrows.

Starting point is 06:00:34 Markham knew, as well as I, that Vance would not have made the suggestion of this kind unless actuated by some serious motive. And for several moments, he studied the other's face intently, as if trying to read his reason for this unexpected request. who, specifically, he asked, is included in your everyone? He took up his pencil and held it poised above a sheet of paper. No one is to be left out, replied Vance. Put down Miss St. Clair, Captain Leacock, the Major, Fife, Miss Hoffman, Miss Hoffman, Everyone, have you, Miss Hoffman?

Starting point is 06:01:21 now jot down Colonel Ostrander, Look here, cut in Markham, and I may have one or two others for you later, but that will do nicely for a beginning. Before Markham could protest further, Swacker came in to say that Heath was waiting outside. What about our friend Lecoq, sir, was the sergeant's first question. I'm holding that up for a day or so, explained Markham.

Starting point is 06:01:52 I want to have another talk with Fife before I do anything definite, and he told Heath about the visit of Major Benson and Miss Hoffman. Heath inspected the envelope and its enclosures, and then handed them back. I don't see anything in that. He said, It looks to me like a private deal between Benson and this fellow Fife. Leacock's our man, and the sooner I get him locked up, the better I'll feel. "'That may be tomorrow,' Markham encouraged him, "'so don't feel downcast over this little delay.

Starting point is 06:02:27 "'You're keeping the captain under surveillance, aren't you?' "'I'll say so,' grinned Heath. "'Vance turned to Markham. "'What about that list of names you made out for the sergeant?' "'He asked ingenuously. "'I understood you to say something about alibis.' "'Markham hesitated, frowning. "'Then he handed Heath,

Starting point is 06:02:50 the paper containing the names Vance had called off to him. As a matter of caution, Sergeant, he said, moreously, I wish you'd get me the alibis of all these people on the night of the murder. It may bring something contributory to light. Verify those you already know, such as Fife's, and let me have the reports as soon as you can. When Heath had gone, Markham turned a look of angry exasperation on Vance. Of all the confounded troublemakers, he began.

Starting point is 06:03:24 But Vance interrupted him, blandly. Such ingratitude. If only you knew it, Markham, I'm your tutelary genius, your deos ex machina, your fairy godmother. End of chapter 15. Chapter 16 of the Benson murder case

Starting point is 06:03:50 by SS Van Dyne. This Librevox recording is in the public. domain. Admissions and suppressions. Tuesday, June 18 afternoon. An hour later, Phelps, the operative Markham had sent to 95 Riverside Drive, came in radiating satisfaction. I think I've got what you want, Chief. His raucous voice was covertly triumphant. I went up to the St. Clear Woman's apartment, and rang the bell. She came to the door herself, and I stepped into the hall and put my questions to her. She sure refused to answer. When I let on, I knew the package contained the gun Benson was shot with.

Starting point is 06:04:39 She just laughed and jerked the door open. Leave this apartment, you vile creature, she says to me. He grinned. I hurried downstairs, and I hadn't any more than got to the switchboard when her signal flashed. I let the boy get the number, and then I stood him to one side and listened in. She was talking to Leacock, and her first words were, They know you took the pistol from here yesterday and threw it in the river. That must have knocked him out, for he didn't say anything for a long time. Then he answered, perfectly calm and kind of sweet. Don't worry, Muriel, and don't say a word to.

Starting point is 06:05:24 anybody for the rest of the day. I'll fix everything in the morning. He made her promise to keep quiet until tomorrow, and then he said goodbye. Markham sat a while, digesting the story. What impression did you get from the conversation? If you ask me, Chief, said the detective, I'd lay ten to one that Leacock's guilty, and the girl knows it. Markham thanked him, and let him go. This sub-potomic chivalry, commented Vance, is a frightful nuisance, but aren't we about due to hold polite conversation with the gentle Leander? Almost as he spoke the man was announced. He entered the room with his habitual urbanity of manner, but, for all his suavity, he could not wholly disguise his uneasiness of mind. "'Sit down, Mr. Fife,' directed Markham brusquely.

Starting point is 06:06:26 "'It seems you have a little more explaining to do.' "'Taking out the Manila envelope, he laid its contents on the desk where the other could see them. "'Will you be so good as to tell me about these?' "'With the greatest pleasure,' said Fife, "'but his voice had lost its assurance. "'Some of his poise, too, had deserted him, And as he paused to light a cigarette, I detected a slight nervousness in the way he manipulated his gold match-safe.

Starting point is 06:07:01 I really should have mentioned these before. He confessed, indicating the papers, with a delicately inconsequential wave of the hand. He leaned forward on one elbow, taking a confidential attitude, and as he talked, the cigarette bobbed up and down between his lips. it pains me deeply to go into this matter he began but since it is in the interests of truth i shall not complain my domestic arrangements are not all that one could desire my wife's father has curiously enough taken a most unreasonable dislike to me and it pleases him to deprive me of all but the meagrest financial assistance although it is really my wife's money that he refuses to give me. A few months ago I made use of certain funds, $10,000 to be exact,

Starting point is 06:08:03 which I learned later had not been intended for me. When my father-in-law discovered my error, it was necessary for me to return the full amount to avoid a misunderstanding between Mrs. Fife and myself. a misunderstanding which might have caused my wife great unhappiness. I regret to say, I used Alvin's name on a check, but I explained it to him at once, you understand, offering him the note and this little confession as evidence of my good faith.

Starting point is 06:08:40 And that is all, Mr. Markham. Was that what your quarrel with him last week was about? "'Fife gave him a look of querulous surprise. "'Ah, you heard of our little contrata? "'Yes, we had a slight disagreement "'as to the, shall I say, terms of the transaction. "'Did Benson insist that the note be paid when due?' "'No, not exactly.'

Starting point is 06:09:11 "'Fife's manner became unctuous. "'I beg of you, sir, not to press me, as to my little chat with Alvin. It was, I assure you, quite irrelevant to the present situation. Indeed, it was of a most personal and private nature. He smiled, confidingly. I will admit, however, that I went to Alvin's house the night he was shot, intending to speak to him about the check.

Starting point is 06:09:42 But, as you already know, I found the house dark, and spent the night in a Turkish bath. Pardon me, Mr. Fife, it was Vance who spoke, but did Mr. Benson take your note without security? Of course, Fife's tone was a rebuke. Alvin and I, as I have explained, were the closest friends. But even a friend, don't you know, Vance submitted, might ask for security on such a large amount.

Starting point is 06:10:14 how did Benson know that you'd be able to repay him? I can only say that he did know, the other answered with an air of patient deliberation. Vance continued to be doubtful. Perhaps it was because of the confession you had given him. Fife rewarded him with a look of beaming approval. You grasp the situation perfectly, he said. Vance withdrew from the conference.

Starting point is 06:10:44 and though Markham questioned Fife for nearly half an hour, nothing further transpired. Fife clung to his story in every detail, and politely refused to go deeper into his quarrel with Benson, insisting that it had no bearing on the case. At last, he was permitted to go. Not very helpful, Markham observed. I'm beginning to agree with Heath that we've turned up a Mayor's Nest in Fife's frenzied financial deal. You'll never be anything but your own sweet trusting self, will you? Lamented Vance, sadly. Fife has just given you your first intelligent line of investigation,

Starting point is 06:11:30 and you say he's not helpful. Listen to me and not da bene. Fife's story about the ten thousand dollars is undoubtedly true. He appropriated the money, and for him. Benson's name to a check with which to replace it. But I don't for a second believe that there was no security in addition to the confession. Benson wasn't the type of man, a friend or no friend, who'd hand over that amount without security. He wanted his money back, not somebody in jail.

Starting point is 06:12:07 That's why I put my oar in and asked him about the security. Fife, of course, denied it, but when I pressed as to how Benson knew he paid the note, he retired into a cloud. I had to suggest the confession as the possible explanation, which showed that something else was in his mind, something he didn't care to mention. And the way he jumped at my suggestion bears out my theory. Well, what if that, Markham asked, impatiently. "'Oh, for the gift of tears,' moaned Vance, "'don't you see that there's someone in the background,

Starting point is 06:12:49 "'someone connected with the security? "'It must be so, you know. "'Otherwise Fife would have told you "'the entire tale of the quarrel, "'if only to clear himself from suspicion. "'Yet, knowing that his position is an awkward one, "'he refuses to divulge what passed "'between him and Benson in the office.

Starting point is 06:13:11 that day. Fife is shielding someone, and he is not the soul of chivalry, you know, therefore, I ask, why. He leaned back and gazed at the ceiling. I have an idea amounting to a cerebral cyclone, he added, that when we put our hands on that security, we'll also put our hands on the murderer. At this moment, the telephone. At this moment, the telephone phone rang, and when Markham answered it, a look of startled amusement came into his eyes. He made an appointment with the speaker for half-past five that afternoon. Then, hanging up the receiver, he laughed outright at Vance. Your orricular researches have been confirmed, he said.

Starting point is 06:14:03 Miss Hoffman just called me, confidentially, on an outside phone, to say she has something to add to her story. She's coming here at 5.30. Vance was unimpressed by the announcement. I rather imagined she'd telephone during her lunch hour. Again, Markham gave him one of his searching scrutinies. There's something damned queer going on around here, he observed. Oh, quite, returned Vance carelessly. Queerer than you could possibly imagine. for 15 or 20 minutes Markham endeavored to draw him out. But Vance seemed suddenly possessed of an ability to say nothing with the blandest fluency. Markham finally became exasperated.

Starting point is 06:14:54 I'm rapidly coming to the conclusion, he said, that either you had a hand in Benson's murder, or you're a phenomenally good guesser. There is, you know, an alternative. rejoined Vance. It might be that my aesthetic hypotheses and metaphysical deductions, as you call them,

Starting point is 06:15:17 are working out, a what? A few minutes before we went to lunch, Swacker announced that Tracy had just returned from Long Island with his report. Is he the lad you sent to look into Fife's Affair duke? Vance asked Markham. For if he is, I'm all a fluttered.

Starting point is 06:15:37 He's the man. Send him in, Swacker. Tracy entered, smiling silkily, his black notebook in one hand, his Pansney in the other. I had no trouble learning about Fife, he said, He's well known in Port Washington, quite a character, in fact, and it was easy to pick up gossip about him. He adjusted his glasses carefully and referred to his notebook. He married a Miss Hawthor, in 1910. She's wealthy, but Fife doesn't benefit much by it,

Starting point is 06:16:13 because her father sits on the money-bags. Mr. Tracy, I say, interrupted Vance. Never mind the Ney-Hawthorn and her doting papa, Mr. Fife himself has confided in us about his sad marriage. Tell us, if you can, about Mr. Fife's extra nuptial affairs.

Starting point is 06:16:36 Are there any other lady, Tracy looked inquiringly at the district attorney. He was uncertain as to Vance's Locus Stand-Eye. Receiving a nod from Markham, he turned a page in his notebook and proceeded. I found one other woman in the case. She lives in New York, and often telephones to a drugstore near Fife's house,

Starting point is 06:17:02 and leaves messages for him. He uses the same phone to call her by. He had made some deal with the proprietor, of course, but I was able to obtain her phone number. As soon as I came back to the city, I got her name and address from information and made a few inquiries. She's a Mrs. Paula Banning, a widow,

Starting point is 06:17:26 and a little fast, I should say, and she lives in an apartment at 268 West 75th Street. This exhausted, Tracy "'and when he went out, Markham smiled broadly at Vance. "'He didn't supply you with very much fuel. "'My word, I think he did unbelievably well,' said Vance. "'He unearthed the very information we wanted.' "'We wanted,' echoed Markham.

Starting point is 06:17:57 "'I have more important things to think about than Fife's amours.' "'And yet, you know, this particular amour of Fife's. is going to solve the problem of Benson's murder, replied Vance, and would say no more. Markham, who had an accumulation of other work awaiting him, and numerous appointments for the afternoon, decided to have his lunch served in the office, so Vance and I took leave of him.

Starting point is 06:18:27 We lunched at the Aedesie, dropped in at Knoedlers to see an exhibition of French phantilism, and then went to Aeoli, Hall, where a string quartet from San Francisco was giving a program of Mozart. A little before half-past five, we were again at the district attorney's office, which, at that hour, was deserted except for Markham. Shortly after our arrival, Miss Hoffman came in and told the rest of her story, in direct business-like fashion.

Starting point is 06:19:02 I didn't give you all the particulars this morning, she said, and I wouldn't care to do so now, unless you are willing to regard them as confidential, for my telling you might cost me my position. I promise you, Markham assured her, that I will entirely respect your confidence. She hesitated a moment, and then continued. When I told Major Benson this morning about Mr. Fife and his brother, he said at once that I should come with him to your office and tell you also, but on the way over he suggested that I might omit a part of the story.

Starting point is 06:19:43 He didn't exactly tell me not to mention it, but he explained that it had nothing to do with the case and might only confuse you. I followed his suggestion, but after I got back to the office, I began thinking it over, and knowing how serious a matter Mr. Benson's death was, I decided to tell you anyway,

Starting point is 06:20:05 in case it did have some bearing on the situation. I didn't want to be in the position of having withheld anything from you. She seemed a little uncertain as to the wisdom of her decision. I do hope I haven't been foolish. But the truth is, there was something else besides that envelope, which Mr. Benson asked me to bring him from the safe the day he and Mr. Fife had their quarrel. It was a square, heavy package, and, like the envelope, was marked Fife personal,

Starting point is 06:20:42 and it was over this package that Mr. Benson and Mr. Fife seemed to be quarreling. Was it in the safe this morning when you went to get the envelope for the major? asked Vance. Oh, no. After Mr. Fife left last week, I put the package back in the safe along with the envelope, but Mr. Benson took it home with him last Thursday, the day he was killed. Markham was but mildly interested in the recital, and was about to bring the interview to a close, when Vance spoke up. It was very good of you, Miss Hoffman, to take this trouble, to tell us about the package, and now that you are here, there are one or two questions I'd like to ask, how did Mr. Alvin Benson and the Major get along together?

Starting point is 06:21:35 She looked at Vance with a curious little smile. They didn't get along very well, she said. They were so different. Mr. Alvin Benson was not a very pleasant person, and not very honorable, I'm afraid. You'd never have thought they were brothers. They were constantly disputing about the business, and they were terribly suspicious

Starting point is 06:21:59 of each other. That's not unnatural, commented Vance, seeing how incompatible their temperaments were, and by the by, how did this suspicion show itself? Well, for one thing,

Starting point is 06:22:15 they sometimes spied on each other. You see, their offices were adjoining, and they would listen to each other through the door. I did the secretarial work for both of them, and I often saw them listening several times they tried to find out things from me about each other. Vance smiled at her appreciatively.

Starting point is 06:22:37 Not a pleasant position for you. Oh, I didn't mind it, she smiled back. It amused me. When was the last time you caught either one of them listening? The girl quickly became serious. The very last day Mr. Alvin Benson was alive. I saw the major standing by the door. Mr. Benson had a caller, a lady, and the Major seemed very much interested.

Starting point is 06:23:06 It was in the afternoon. Mr. Benson went home early that day, only about half an hour after the lady had gone. She called at the office again later, but he wasn't there, of course, and I told her he had already gone home. Do you know who the lady was? Vance asked her. No, I don't. She she said, "'She didn't give her name.' Vance asked a few other questions, after which we rode uptown in the subway with Miss Hoffman,

Starting point is 06:23:38 taking leave of her at 23rd Street. Markham was silent and preoccupied during the trip, nor did Vance make any comment until we were comfortably relaxed in the easy-chairs of the Stuyvesant Club's lounge room. Then, lighting a cigarette lazily, he said,

Starting point is 06:23:58 You grasp the subtle mental processes leading up to my prophecy about Miss Hoffman's second coming, a what, Markham? You see, I knew friend Alvin had not paid that forged check without security, and I also knew

Starting point is 06:24:15 that the TIF must have been about the security, for Fife was not really worrying about being jailed by his alter ego. I rather suspect, Fife was trying to get the security back before paying off the note, and was told there was nothing doing. Moreover, little Goldilocks may be a nice girl and all that, but it isn't in

Starting point is 06:24:43 the feminine temperament to sit next door to an altercation between two such rakes and not listen attentively. I shouldn't care, you know, to have to decipher the typing she said she did during the episode. I was quite sure she heard more than she told, and I asked myself, why this curtailment. The only logical answer was, because the major had suggested it. And since the Gennedicus Freulein was a forthright Germanic soul, with an inbred streak of selfish and cautious honesty, I ventured the prognostication that, as soon as she was out from under the benevolent jurisdiction of her tutor, she would tell us the rest, in order to save her own skin if the matter should come up later. Not so cryptic when explained what?

Starting point is 06:25:43 That's all very well, conceded Markham petulantly, but where does it get us? I shouldn't say that the forward movement was entire. entirely imperceptible. Vance smoked a while impassively. You realize, I trust, he said, that the mysterious package contained the security? One might form such a conclusion, agreed Markham, but the fact doesn't dumbfound me,

Starting point is 06:26:14 if that's what you're hoping for. And, of course, pursued Vance easily, your legal mind, trained in the technique of raciotionation, has already identified it as the box of jewels that Mrs. Platz espied on Benson's table that fatal afternoon. Markham sat up suddenly, then sank back with a shrug. Even if it was, I don't see how that helps us. Unless the major knew the package had nothing to do with the case, he would not have suggested to his secretary, that she omit telling us about it. Ah, but if the Major knew that the package was an irrelevant item in the case,

Starting point is 06:27:00 then he must also know something else about the case, a what? Otherwise, he couldn't determine what was and what was not irrelevant. I have felt all along that he knew more than he admitted. Don't forget that he put us on the track of Fife and also that he was quite positive, Captain Leacock was innocent. Markham thought for several minutes. I'm beginning to see what you're driving at, he remarked slowly. Those jewels, after all, may have an important bearing on the case.

Starting point is 06:27:41 I think I'll have a chat with the Major about things. Shortly after dinner at the club that night, Major Benson came into the lounge room, where we had retired for our smoke, and Markham accosted him at once. Major, aren't you willing to help me a little more in getting at the truth about your brother's death, he asked. The other gazed at him searchingly. The inflection of Markham's voice belied the apparent casualness of the question. God knows it's not my wish to put obstacles in your way? He said, carefully weighing each word. I'd gladly give you any help I could, but there are one or two things. I cannot tell you at this time. If there was only myself to be

Starting point is 06:28:33 considered, he added, it would be different. But you do suspect someone, Vance put the question. In a way, yes. I overheard a conversation in Alvin's office one day. One day. I overheard a conversation in Alvin's office one day that took on added significance after his death. You shouldn't let chivalry stand in the way, urged Markham. If your suspicion is unfounded, the truth will surely come out. But when I don't know, I certainly ought not to hazard a guess, affirmed the major. I think it best that you solve this problem without me. Despite Markham's importunities, he would say no.

Starting point is 06:29:19 more, and shortly afterward he excused himself and went out. Markham, now profoundly worried, sat, smoking restlessly, tapping the arm of his chair with his fingers. "'Well, old Bean, a bit involved, what?' commented Vance. "'It's not so damn funny,' Markham grumbled. "'Everyone seems to know more about the case than the police or the district attorney's office.' which wouldn't be so disconcertain if they all weren't so deuced reticent supplemented Vance cheerfully, and the touch and part of it is that each of them appears to be keeping still in order to shield someone else.

Starting point is 06:30:05 Mrs. Platt began it. She lied about Benson's having any caller that afternoon because she didn't want to involve his tea companion Miss St. Clair. Miss St. Clair declined, point-blank, to tell you anything, because she obviously didn't desire to cast suspicion on another. The captain became voiceless the moment you suggested, his affianced bride was entangled. Even Leander refused to extricate himself from a delicate situation, lest he implicate another. And now, the major. Most annoying? On the other hand, don't you know, it's comfortin, not to say uplifting, to be dealing exclusively with such noble self-sacrificing souls.

Starting point is 06:30:55 Hell, Markham put down his cigar and rose. The case is getting on my nerves. I'm going to sleep on it and tackle it in the morning. That ancient idea of sleeping on a problem is a fallacy, said Vance, as we walked out into Madison Avenue. An apologia, as it were, for one's not being able to think clearly. Poetic idea, you know?

Starting point is 06:31:24 All poets believe in it. Nature's soft nurse, the balm of woe, childhood's mandragora, tired nature's sweet restora, and that sort of thing. Silly notion. When the brain is keyed up and alive, it works far better than when apathetic

Starting point is 06:31:42 from the torpor of sleep? Slumber is an anodyne, not a stimulus. Well, you sit up and think, was Markham's surly advice. That's what I'm going to do, lightly returned Vance. But not about the Benson case. I did all the thinking I'm going to do along that line four days ago. End of Chapter 16. Chapter 17 of the Benson murder case by SS Van Dyne.

Starting point is 06:32:23 This Librivox recording is in the public domain. The Forged Check Wednesday, June 19, 4 noon. We rode downtown with Markham the next morning, and though we arrived at his office before 9 o'clock, Heath was already there waiting. He appeared worried, and when he spoke, his voice held an ill-disguised reproof,

Starting point is 06:32:47 for the district attorney. What about this Leacock, Mr. Markham? He asked. It looks to me like we'd better grab him quick. We've been tailing him right along, and there's something funny going on. Yesterday morning he went to his bank and spent half an hour in the chief cashier's office.

Starting point is 06:33:08 After that, he visited his lawyers and was there over an hour. Then he went back to the bank for another half hour. He dropped in to the Astor Grill for lunch, but didn't eat anything, sat staring at the table. About two o'clock, he called on the realty agents who have the handling of the building he lives in, and after he'd left, we found out he'd offered his apartment for sub-lease beginning tomorrow. Then he paid six calls on friends of his, and went home. After dinner, my man rang his apartment bell and asked for Mr. Hoosers,

Starting point is 06:33:46 Leacock was packing up. It looks to me like a getaway. Markham frowned. Heath's report clearly troubled him, but before he could answer, Vance spoke. Why, this perturbation, Sergeant, you're watching the captain? I'm sure he can't slip from your vigilant clutches. Markham looked at Vance a moment, then turned to Heath. Let it go at that. But if he'll be able to, but if he's cock attempts to leave the city, nab him. Eath went out sullenly.

Starting point is 06:34:23 And by the by, Markham, said Vance, don't make any appointment for half-past twelve today. You already have one, don't you know? And with a lady. Markham put down his pen and stared. What new damn nonsense is this? I made an engagement for you, called the lady by phone this morning.

Starting point is 06:34:46 I'm sure I woke the deer up. Markham spluttered, striving to articulate his angry protest. Vance held up his hand soothingly. And you simply must keep the engagement. You see, I told her it was you speaking, and it would be shocking taste not to appear. I promise you won't regret meeting her, he added. Things looked so sadly befuddled last night,

Starting point is 06:35:15 I couldn't bear to see you suffering so. Consequently, I arranged for you to see Mrs. Paula Banning. Fife's Eloise, you know. I positive she'll be able to dispel some of this insipated gloom that's enveloping you. See here, Vance, Markham growled. I happen to be running this office. He stopped abruptly, realizing the hopelessness of making headway against the other's blandness. Moreover, I think the prospect of interviewing Mrs. Paula Banning was not wholly alien to his inclinations.

Starting point is 06:35:53 His resentment slowly ebbed, and when he spoke again, his voice was almost matter of fact. Since you've committed me, I'll see her. But I'd rather Fife wasn't in such close communication with her. He's apt to drop in, with preconcerted unexpectedness. "'Funny,' murmured Vance. "'I thought of that myself. "'That's why I phoned him last night "'that he could return to Long Island.'

Starting point is 06:36:23 "'You phoned him?' "'Awfully sorry and all that,' Vance apologised. "'But you'd gone to bed. "'Sleep was knitting up your ravelled sleeve of care, "'and I couldn't bring myself to disturb you. "'Fife was so grateful, too. "'Most touchon,' said his wife also would be great, He was pathetically considerate about Mrs. Fife, but I fear he'll need all his velvety

Starting point is 06:36:51 forensic powers to explain his absence. "'In what other quarters have you involved me during my absence?' asked Markham acrimoniously. "'That's all,' replied Vance, rising and strolling to the window. He stood, looking out, smoking thoughtfully. when he turned back to the room, his bantering air had gone. He sat down, facing Markham. The Major has practically admitted to us, he said, that he knows more about this affair than he has told.

Starting point is 06:37:27 You naturally can't push the point, in view of his honourable attitude in the matter, and yet he's willing for you to find out what he knows, as long as he doesn't tell you himself. That was unquestionably the stand he took last night. Now, I believe there's a way you can find out, without calling upon him, to go against his principles. You recall Miss Hoffman's story of the eavesdropping,

Starting point is 06:37:57 and you also recall that he told you he heard a conversation which, in light of Benson's murder, became significant. It's quite probable, therefore, that the Major's knowledge has to do, with something connected with the business of the firm, or at least with one of the firm's clients. Vance slowly lit another cigarette. My suggestion is this. Call up the major and ask permission to send a man

Starting point is 06:38:27 to take a peep at his ledger account and his purchase and hails books. Tell him you want to find out about the transactions of one of his clients. Intimate that is Miss St. Clair, or Fife, if you like, I have a strange, mediumistic feeling that, in this way, you'll get on the track of the person he's shielding, and I'm also assailed by the premonition

Starting point is 06:38:54 that he'll welcome your interest in his ledger. The plan did not appeal to Arkham as feasible or fraught with possibilities, and it was evident he disliked making such a request of Major Benson. but so determined was Vance, so earnestly did he argue his point, that in the end Markham acquiesced. He was quite willing to let me send a man, said Markham, hanging up the receiver. In fact, he seemed eager to give me every assistance. I thought he'd take kindly to the suggestion, said Vance.

Starting point is 06:39:32 You see, if you discover for yourself whom he suspects, it relieves him of the onus of having tattled. Markham rang for Swacker. Call up Stitt and tell him I want to see him here before noon that I have an immediate job for him. Stitt, Markham explained to Vance, is the head of a firm of public accountants over in the New York Life Building. I use him a good deal on work like this.

Starting point is 06:40:03 Shortly before noon, Stitt came in. He was a prematurely old young man with a sharp, shrewd face and a perpetual frown. The prospect of working for the district attorney pleased him. Markham explained briefly what was wanted, and revealed enough of the case to guide him in his task. The man grasped the situation immediately, and made one or two notes on the back of a dilapidated envelope.

Starting point is 06:40:32 Vance also, during the instructions, had jotted down some notations on a piece of paper. Markham stood up and took his hat. Now, I suppose, I must keep the appointment you made for me. He complained to Vance. Then, come, Stitt, I'll take you down with us in the judge's private elevator. If you don't mind, interposed Vance, Mr. Stitt's and I will forego the honor and mingle with the commoners in the public lift. We'll meet you downstairs.

Starting point is 06:41:05 taking the accountant by the arm he led him out through the main waiting room. It was ten minutes, however, before he joined us. We took the subway to 72nd Street and walked up West End Avenue to Mrs. Paula Banning's address. She lived in a small apartment house just around the corner in 75th Street, as we stood before the door, waiting for an answer to our ring, a strong odor of Chinese incense drifted out to us. Ah, that facilitates matters, said Vance, sniffing. Ladies who burn joss sticks are invariably sentimental. Mrs. Banning was a tall, slightly adipose woman of indeterminate age,

Starting point is 06:41:55 with straw-colored hair and a pink and white complexion. Her face in repose possessed a youthful and vacuous innocence, but the expression was only superficial. Her eyes, a very light blue, were hard, and a slight puffiness about her cheekbones and beneath her chin attested two years of idle and indulgent living. She was not unattractive, however, in a vivid, flamboyant way, and her manner, when she ushered us into her over-furnished and Rococo living-room,

Starting point is 06:42:32 was one of easy-going good fellowship. When we were seated and Markham had apologized for our intrusion, Vance at once assumed the role of interviewer. During his opening explanatory remarks, he appraised the woman carefully, as if seeking to determine the best means of approaching her for the information he wanted. After a few minutes of verbal reconnoitering,

Starting point is 06:43:01 he asked permission to smoke, and offered Mrs. Banning one of his cigarettes, which she accepted. Then he smiled at her, in a spirit of appreciative geniality, and relaxed comfortably in his chair. He conveyed the impression that he was fully prepared to sympathize with anything she might tell him. Mr. Fife strove very hard to keep you entirely out of this affair, said Vance, and we fully appreciate his delicacy in so doing, but circumstances connected with Mr. Benson's death have inadvertently involved you in the case, and you can best help us and yourself, and particularly Mr. Fife,

Starting point is 06:43:50 by telling us what we want to know and trusting to our discretion and understanding. He had emphasized Fife's name, giving it a significant indoment, and the woman had glanced down uneasily. Her apprehension was apparent, and when she looked up into Vance's eyes, she was asking herself, how much does he know, as plainly as if she had spoken the words audibly? I can't imagine what you want me to tell you, she said, with an effort at astonishment. You know that Andy was not in New York that night. Her designating of the elegant and superior fife as Andy sounded almost like Les Marste. He didn't arrive in the city until nearly nine the next morning.

Starting point is 06:44:44 Didn't you read in the newspapers about the grey Cadillac that was parked in front of Venson's house? Vance, in putting the question, imitated her own astonishment. She smiled confidently. That wasn't Andy's car. He took the eight o'clock train to New York the next morning. he said it was lucky that he did, seeing that a machine just like his had been at Mr. Benson's the night before. She had spoken with the sincerity of complete assurance. It was evident that Fife had lied to her on this point. Vance did not disabuse her. In fact, he gave her to understand that he accepted her explanation,

Starting point is 06:45:27 and consequently dismissed the idea of Fife's presence in New York on the night of the murder. I had in mind a connection of a somewhat different nature, when I mentioned you and Mr. Fife, as having been drawn into the case, I referred to a personal relationship between you and Mr. Benson. She assumed an attitude of smiling indifference. I'm afraid you're making another mistake, she spoke lightly. Mr. Benson and I were not even friends. Indeed, I scarcely knew him. There was an overtone of emphasis in her denial, a slight eagerness, which, in indicating a conscious desire to be believed, robbed her remark of the complete casualness she had intended. Even a business relationship may have its personal side, Vance reminded her, especially when the intermediary is an intimate friend of both parties to the transaction.

Starting point is 06:46:32 She looked at him quickly, then turned her eyes away. "'I really don't know what you're talking about,' she affirmed, and her face for a moment lost its contours of innocence and became calculating. You're surely not implying that I had any business dealings with Mr. Benson?' "'Not directly,' replied Vance, but certainly Mr. Fife had business dealings with him, and one of them, I rather imagined, involved you considerably. Involved me, she laughed scornfully, but it was a strained laugh.

Starting point is 06:47:15 It was a somewhat unfortunate transaction, I fear, Vance went on, unfortunate in that Mr. Fife was necessitated to deal with Mr. Benson, and Dudley, unfortunate, you know, in that he should have had to drag you into it. His manner was easy and assured, and the woman sensed that no display of scorn or contempt, however well simulated, would make an impression upon him. Therefore she adopted an attitude of tolerantly incredulous amusement. "'And where did you learn about all this?' she asked, playfully. "'Alas, I didn't learn about it,' answered Vance, falling in with her manner.

Starting point is 06:48:01 that's the reason, you see, that I indulged in this charming little visit. I was foolish enough to hope that you'd take pity on my ignorance and tell me all about it. But I wouldn't think of doing such a thing, she said, even if this mysterious transaction had really taken place. My word, said Vance, that is disappointing. Ah, well, I see that I must tell you what little I know about it. it and trust to your sympathy to enlighten me further. Despite the ominous undercurrent of his words, his levity acted like a sedative to her anxiety.

Starting point is 06:48:43 She felt that he was friendly, however much he might know about her. Am I bringing you news when I tell you that Mr. Fife forged Mr. Benson's name to a check for ten thousand dollars, he asked. She hesitated, gauging the possible consequences of her answer. No, that isn't news, and he tells me everything. And did you also know that Mr. Benson, when informed of it, was rather put out that, in fact, he demanded a note and assigned confession before he would pay the check?

Starting point is 06:49:24 The woman's eyes flashed angrily. Yes, I knew that. too. And, after all, Andy had done for him. If ever a man deserved shooting, it was Alvin Benson. He was a dog, and he pretended to be Andy's best friend. Just think of it, refusing to lend Andy Andy the money without a confession. You'd hardly call that a business deal, would you? I'd call it a dirty, contemptible underhand trick. She was enraged. Her mask of breeding and good fellowship had fallen from her, and she poured out by tuperation on Benson with no thought of the words she was using. Her speech was devoid of all the ordinary reticencies of intercourse between

Starting point is 06:50:13 strangers. Vance nodded consolingly during her tirade. You know, I fully sympathize with you. The tone in which he made the remark seemed to establish a closer rapprochement. after a moment he gave her a friendly smile, but after all, one could almost forgive Benson for holding the confession if he hadn't also demanded security. What security? Vance was quick to sense the change in her tone. Taking advantage of her rage, he had mentioned the security while the barriers of her pose were down. Her frightened, almost involuntary query, told him that the right moment had arrived. Before she could gain her equilibrium or dispel the momentary fear which had assailed her, he said with suave deliberation, the day Mr. Benson was shot, he took home with him from the office a small blue box of jewels. She caught her breath,

Starting point is 06:51:20 but otherwise gave no outward sign of emotion. Do you think he had stolen them? The moment she had uttered the question, she realized that it was a mistake in technique. An ordinary man might have been momentarily diverted from the truth by it, but by Vance's smile she recognized that he had accepted it as an admission. It was rather fine of you, you know, to lend Mr. Fife your jewels to cover the note with. At this she threw her head up. The blood had left her face, and the rude on her cheeks took on a mottled and unnatural hue you say i lent my jewels to andy i swear to you vance halted her denial with a slight movement of the hand and a coup d'oe she saw that his intention was to save her from the humiliation she might feel later at having made too emphatic and unqualified a statement and the graciousness of his action, although he was an antagonist, gave her more confidence in him. She sank back into her chair,

Starting point is 06:52:36 and her hands relaxed. What makes you think I lent Andy my jewels? Her voice was colorless, but Vance understood the question. It was the end of her deceptions. The pause, which followed, was an amnesty, recognized as such by both. The next spoken to, the next spoken. words would be the truth. Andy had to have them, she said, or Benson would have put him in jail. One read in her words a strange, self-sacrificing affection for the worthless fife. And if Benson hadn't done it, and had merely refused to honor the check, his father-in-law would have done it. And he is so careless, so unthinking, he does things without weighing the consequences. I am all the time having to hold him down, but this thing has taught him a lesson, I'm sure of it.

Starting point is 06:53:35 I felt that if anything in the world could teach Fife a lesson, it was the blind loyalty of this woman. Do you know what he quarreled about with Mr. Benson in his office last Wednesday? asked Vance. That was all my fault, she explained, with a sigh. It was getting very near to the time when the note was due, and I knew Andy didn't have all the money, so I asked him to go to Benson and offer him what he had, and see if he couldn't get my jewels back. But he was refused. I thought he would be. Vance looked at her for a while, sympathetically. I don't want to worry you any more than I can help, he said, but won't you tell me the real cause of your anger against Benson a moment ago?

Starting point is 06:54:29 She gave him an admiring nod. You're right. I had good reason to hate him. Her eyes narrowed unpleasantly. The day after he had refused to give Andy the jewels, he called me up, it was in the afternoon, and asked me to have breakfast with him at his house the next morning. He said he was home and had the jewels with him, and he told me, hinted, you understand, that maybe, maybe I could have them. That's the kind of beast he was. I telephoned to Port Washington, to Andy, and told him about it, and he said he'd be in New York the next morning. He got here about nine o'clock, and we read in the paper Matt Benson had been shot that night.

Starting point is 06:55:19 Vance was silent for a long time. Then he stood up and thanked her. You have helped us a great deal. Mr. Markham is a friend of Major Benson's, and since we have the check and the confession in our possession, I shall ask him to use his influence with the Major to permit us to destroy them very soon. End of Chapter 17.

Starting point is 06:55:55 Chapter 18 of the Benson murder case by S.S. Van Dyne. This Librevox recording is in the public domain. A Confession Wednesday, June 19, 1 p.m. When we were again outside, Markham asked, How, in heaven's name, did you know she had put up her jewels to help Fife? My charmin, metaphysical deductions, don't you know? answered Vance. As I told you, Benson was not the open-handed, big-hearted altruist,

Starting point is 06:56:32 who would have lent money without security, and certainly the impecunious Fife had no collateral worth $10,000, or he wouldn't have forged the check. Ergo, someone lent him the security. Now, who would be so trustin as to lend Fife that amount of security, except a sentimental woman who was blind to his amazing defects. You know, I was just evil-minded enough to suspect there was a calypso in the life of this Ulysses when he told us of stopping over in New York to murmur au revoir to someone.

Starting point is 06:57:16 When a man like Fife fails to specify the sex of a person, it is safe to assume the feminine gender. So I suggested that you send a Paul Pry to Port Washington to peer into his trans-matrimonial activities. I felt certain a bon amy would be found. Then, when the mysterious package, which was obviously the security, seemed to identify itself as the box of jewels, seen by the inquisitive housekeeper, I said to myself, Ah, Leander's misguided Dulcinea has lent him her gougas to save him from the yawning dungeon. Nor did I overlook the fact that he had been shielding someone in his explanation about the check. Therefore, as soon as the lady's name and address were learnt by Tracy, I made the appointment for you.

Starting point is 06:58:19 We were passing the Gothic Renaissance Schwab residence, which extends from, from West End Avenue to Riverside Drive at 73rd Street, and Vance stopped for a moment to contemplate it. Markham waited patiently. At length, Vance walked on. You know, the moment I saw Mrs. Banning, I knew my conclusions were correct. She was a sentimental soul,

Starting point is 06:58:47 and just the sort of professional good sport who would have handed over her jewels to her, Amoroso. Also, she was bereft of gems when we called, and a woman of her stamp always wears her jewels when she desires to make an impression on strangers. Moreover, she's the kind that would have jewelry, even if the larder was empty. It was therefore merely a question of getting her to talk. "'On the whole, you did very well,' observed Markham. Vance gave him a condescending bow. Sir Hubert is too generous, but tell me,

Starting point is 06:59:30 didn't my little chat with the lady cast a gleam into your darkened mind?' "'Naturally,' said Markham, "'I'm not utterly obtuse.' She played unconsciously into our hands. She believed Fife did not arrive in New York until the morning after the murder, and therefore told us, quite frankly, that she had foamed him that Benson had the jewels at home. The situation now is Fife knew they were in Benson's house, and was there himself at about the time the shot was fired. Furthermore, the jewels are gone, and Fife tried to

Starting point is 07:00:10 cover up his tracks that night. Vance sighed hopelessly. Markham, there are altogether too many trees for you in this case. You simply can't see the forest, you know, because of them. There is the remote possibility that you are so busily engaged in looking at one particular tree that you are unaware of the others. A shadow passed over Vance's face. I wish you were right.

Starting point is 07:00:40 right, he said. It was nearly half-past one, and we dropped into the fountain-room of the Estonia Hotel for lunch. Markham was preoccupied throughout the meal, and when we entered the subway later, he looked uneasily at his watch. I think I'll go on down to Wall Street, and call on the major a moment before returning to the office. I can't understand his asking Miss Hoffman not to mention the package to me. It might not have contained the jewels, after all. Do you imagine for one moment, rejoined Vance, that Alvin told the major the truth about the package? It was not a very creditable transaction, you know, and the major most likely would have given him what for? Major Benson's explanation bore out Vance's surmise. Markham, in telling him of the

Starting point is 07:01:40 interview with Paula Banning, emphasized the Jewel episode in the hope that the Major would voluntarily mention the package, for his promise to Miss Hoffman prevented him from admitting that he was aware of the other's knowledge concerning it. The Major listened with considerable astonishment, his eyes gradually growing angry. I'm afraid Alvin deceived me, he said. He looked straight ahead for a moment, his face softening, and I don't like to think it now that he's gone. But the truth is, when Miss Hoffman told me this morning about the envelope, she also mentioned a small parcel that had been in Alvin's private safe drawer, and I asked her to omit any reference to it from her story to you. I knew the parcel contained Mrs. Banning's jewels, but I thought the fact

Starting point is 07:02:36 would only confuse matters, if brought to your attention. You see, Alvin told me that a judgment had been taken against Mrs. Banning, and that just before the supplementary proceedings, Fife had brought her jewels here and asked him to sequester them temporarily in his safe. On our way back to the criminal courts building, Markham took Vance's arm and smiled. Your guessing luck is holding out, I see. "'Rather,' agreed Vance, "'it would appear that the late Alvin,

Starting point is 07:03:13 "'like Warren Hastings, "'resolved to die in the last dyke of prevarication. "'Splendide mendax. What?' "'In any event,' replied Markham, "'the Major has unconsciously added "'another link in the chain against Fife. "'You seem to be making a collection of chains,' "'commented Vance, dryly,

Starting point is 07:03:38 "'What have you done with the ones you forged about Miss St. Clair and Leacock?' "'I haven't entirely discarded them, if that's what you think,' asserted Markham gravely. "'When we reached the office, Sergeant Heath was awaiting us with a beatific grin. "'It's all over, Mr. Markham,' he announced. "'This noon, after you'd gone, Leacock came here looking for you. when he found you were out, he phoned headquarters, and they connected him with me. He wanted to see me, very important, he said. So I hurried over.

Starting point is 07:04:17 He was sitting in the waiting room when I came in, and he called me over and said, I came to give myself up. I killed Benson. I got him to dictate a confession to Swacker, and then he signed it. Here it is. He handed Markham a typewritten sheet. of paper. Markham sank wearily into a chair. The strain of the past few days had begun to tell on him. He sighed heavily. Thank God, now our troubles are ended. Vance looked at him lugubriously and shook his head. I rather fancy, you know, that your troubles are only beginning, he drawled. When Markham had

Starting point is 07:05:03 glanced through the confession, he handed it to Vance, who read it carefully with an expression of growing amusement. You know, he said, this document isn't at all legal. Any judge worth the name would throw it precipitately out of court. It's far too simple and precise. It doesn't begin with greetings, it doesn't contain a single wherefore be it, or be it known, or due hereby. It says nothing about free will, or sound mind, or disposed memory, and the captain doesn't once refer to himself as the party of the first part. Utterly worthless, Sergeant, if I were you, I'd chuck it.

Starting point is 07:05:50 Heath was feeling too complacently triumphant to be annoyed. He smiled with magnanimous tolerance. It strikes you as funny, doesn't it, Mr. Vance? Sergeant, if you knew you knew, how inordinately funny this confession is, you'd positively have hysterics. Vance then turned to Markham. Really, you know, I shouldn't put too much stock in this. It may, however, prove a valuable lever with which to prize open the truth.

Starting point is 07:06:23 In fact, I'm jolly glad the captain has gone in for imaginative literature. With this and trance and fable in our possession, I think we can overcome the major's scruples and get him to tell us what he knows. Maybe I'm wrong, but it's worth trying. He stepped to the district attorney's desk and leaned over it, cajolingly. I haven't led you astray yet, old dear, and I'm going to make another suggestion. Call up the major and ask him to come here at once. Tell him you've secured a...

Starting point is 07:07:02 confession, but don't you dare say whose? Imply it's Miss St. Clairs, or Fife's, or Ponchus pilots, but urge his immediate presence. Tell him you want to discuss it with him before proceeding with the indictment. I can't see the necessity of doing that, objected Markham. I'm pretty sure to see him at the club tonight, and I can tell him then. That wouldn't do at all. "'All,' insisted Vance, "'if the major can enlighten us on any point, "'I think Sergeant Heath should be present to hear him.'

Starting point is 07:07:41 "'I don't need any enlightenment,' cut in Heath. "'Vance regarded him with admiring surprise. "'What a wonderful man! "'Even Guter cried for mere licht, "'and here you are, in a state of luminous saturation, "'astonishen.' "'See here, Vance. said Markham, why try to complicate the matter? It strikes me as a waste of time,

Starting point is 07:08:07 besides being an imposition to ask the major here to discuss Lee Cox's confession. We don't need his evidence now, anyway. Despite his gruffness, there was a hint of reconsideration in his voice, for though his instinct had been to dismiss the request out of hand, the experiences of the past few days had taught him that Vance 's suggestions were not made without an object. Vance, sensing the other's hesitancy, said, My request is based on something more than an idle desire to gaze upon the major's Rubicund features at this moment.

Starting point is 07:08:49 I'm telling you, with all the meager earnestness I possess, that his presence here now would be most helpful. Markham deliberated, and argued the point. point at some length, but Vance was so persistent that in the end he was convinced of the advisability of complying. Heath was patently disgusted, but he sat down quietly and sought solace in a cigar. Major Benson arrived with astonishing promptness, and when Markham handed him the confession, he made little attempt to conceal his eagerness. But as he read it, his face clouded, and a look of puzzlement came into his eyes. At length he looked up frowning.

Starting point is 07:09:40 I don't quite understand this, and I'll admit I'm greatly surprised. It doesn't seem credible that Leacock shot Alvin, and yet I may be mistaken, of course. He laid the confession on Markham's desk with an air of disappointment and sank into a chair. "'Do you feel satisfied?' he asked. "'I don't see any way around it,' said Markham. "'If he isn't guilty, why should he come forward and confess? "'God knows there's plenty of evidence against him. "'I was ready to arrest him two days ago.'

Starting point is 07:10:19 "'He's guilty all right,' put in Heath. "'I've had my eye on him from the first.' "'Major Vincent did not reply at once. he seemed to be framing his next words. It might be, that is, there's the bare possibility, that Leacock had an ulterior motive in confessing. We all, I think, recognized the thought

Starting point is 07:10:46 which his words strove to conceal. I'll admit, exceeded Markham, that at first I believed Miss St. Clair guilty, and I intimated as much to Leacock, but later I was persuaded that she was not directly involved. "'Does Leacock know this?' the Major asked quickly. Markham thought a moment. "'No, I can't say that he does.

Starting point is 07:11:14 In fact, it's more than likely he still thinks, I suspect her.' "'Ah!' the Major's exclamation was almost involuntary. "'But what's that got to do with it?' asked Heath, irritably. "'Do you think he's going to the check? to save her reputation, bunk. That sort of things all right in the movies, but no man's that crazy in real life. I'm not so sure, Sergeant, ventured Vance lazily. Women are too sane and practical to make such foolish gestures, but men, you know, have an illimitable capacity for idiocy. He turned an inquiring gaze on Major Benson.

Starting point is 07:11:59 Won't you tell us why you think Lecoq is playing Sir Galahad? But the Major took refuge in generalities, and was disinclined even to follow up his original intimation as to the cause of the captain's action. Vance questioned him for some time, but was unable to penetrate his reticence. Heath, becoming restless, finally spoke up. You can't argue Leacock's guilt away,

Starting point is 07:12:29 Mr. Vance. Look at the facts. He threatened Benson that he'd kill him if he caught him with the girl again. The next time Benson goes out with her, he's found shot. Then Leacock hides his gun at her house, and when things begin to get hot, he takes it away and ditches it in the river. He bribes the hallboy to alibi him, and he's seen at Benson's house at 12.30 that night. When he's questioned, he can't explain anything. If that ain't an open and shut case, I'm a mock turtle. The circumstances are convincing, admitted Major Benson. But couldn't they be accounted for on other grounds? Heath did not deign to answer the question. The way I see it, he continued, is like this. Leacock gets suspicious along about midnight, takes his gun and goes out. He

Starting point is 07:13:28 catches Benson with the girl, goes in, and shoots him like he threatened. They're both mixed up in it, if you ask me, but Leacock did the shooting. And now we got his confession. There isn't a jury in the country that wouldn't convict him. Proby et legales hominis, oh, quite, murmured Vance. Swacker appeared at the door. The reporters are clamoring for attention, he announced with a wry face. "'Do they know about the confession?' Markham asked Heath. "'Not yet. I haven't told him anything so far. That's why they're clamoring, I guess. "'But I'll give them an earful now if you say the word.' Markham nodded, and Heath started for the door, but Vance quickly planted himself in the way.

Starting point is 07:14:20 "'Could you keep this thing quiet till to-morrow, Markham?' he asked. "'Markham was annoyed. I could if I wanted to, yes, but why should I? For your own sake, if for no other reason. You've got your prize safely locked up. Control your vanity for 24 hours? The Major and I both know that Leacock's innocent, and by this time tomorrow the whole country will know it.

Starting point is 07:14:51 Again an argument ensued, but the outcome, like that of the former argument, was a foregone conclusion. Markham had realized for some time that Vance had reason to be convinced of something which, as yet, he was unwilling to divulge. His opposition to Vance's requests were, I had suspected, largely the result of an effort to ascertain this information, and I was positive of it now, as he leaned forward and gravely debated the advisability of making public the captain's confession. Vance, as heretofore, was careful to reveal nothing, but in the end his sheer determination carried the point, and Markham requested Heath to keep his

Starting point is 07:15:41 own counsel until the next day. The major, by a slight nod, indicated his approbation of the decision. You might tell the newspaper lads, though, suggested Vance, that you'll have a ripon sensation for him tomorrow. Heath went out, crestfallen, and glowering. A rash fella, the sergeant, so impetuous. Vance again picked up the confession and perused it. Now, Markham, I want you to bring your prisoner forth. Habeas corpus and that sort of thing.

Starting point is 07:16:20 Put him in that chair facing the window. Give him one of the good cigars you keep for influential. politicians, and then listen attentively while I politely chat with him. The major I trust will remain for the interlocutory proceedings. That request, at least, I'll grant without objections, smiled Markham. I had already decided to have a talk with Leacock. He pressed a buzzer and a brisk, ruddy-faced clerk entered. A requisition for Captain Philip Ler.

Starting point is 07:16:56 Leacock, he ordered. When it was brought to him, he initialed it. Take it to Ben and tell him to hurry. The clerk disappeared through the door leading to the outer corridor. Ten minutes later, a deputy sheriff from the tombs entered with the prisoner. End of Chapter 18. Chapter 19 of the Benson Murder Case by S.S. Van Dyne. This Libervox recording is in the public domain. Vance Cross-Examins Wednesday, June 19, 3.30 p.m. Captain Leacock walked into the room with a hopeless indifference of bearing.

Starting point is 07:17:50 His shoulders drooped, his arms hung listlessly, his eyes were haggard like those of a man who had not slept for days. On seeing Major Benson, he straightened a little, stepping toward him, extended his hand. It was plain that, however much he may have disliked Alvin Benson, he regarded the Major as a friend. But suddenly, realizing the situation, he turned away, embarrassed. The Major went quickly to him and touched him on the arm. It's all right, Leacock, he said softly, I can't think that you really shot Alvin. The captain turned apprehensive eyes upon him.

Starting point is 07:18:37 Of course I shot him. His voice was flat. I told him I was going to. Vance came forward and indicated a chair. Sit down, Captain. The district attorney wants to hear your story of the shooting. The law you understand does not accept murder confessions without corroboratory evidence. and since, in the present case, there are suspicions against others than yourself, we want you to answer some questions in order to substantiate your guilt. Otherwise, it will be necessary for us to follow up our suspicions.

Starting point is 07:19:18 Taking a seat facing Leacock, he picked up the confession. You say here, you were satisfied that Mr. Benson had wronged you, and you went to his house at about half-past twelve on the night of the 13th. When you speak of his wronging you, do you refer to his attentions to Miss St. Clair? Leacock's face betrayed a sulky belligerence. It doesn't matter why I shot him. Can't you leave Miss St. Clair out of it? Certainly, agreed Vance, I promise you she shall not be brought into it. but we must understand your motive thoroughly.

Starting point is 07:20:02 After a brief silence, Leacock said, Very well, then, that was what I referred to. How did you know Miss St. Clair went to dinner with Mr. Benson that night? I followed them to the Marseilles. And then you went home? Yes. What made you go to Mr. Benson's house later? I got to thinking about it more and more until I couldn't stand it any longer. I began to see red, and at last I took my cult and went out, determined to kill him.

Starting point is 07:20:43 A note of passion had crept into his voice. It seemed unbelievable that he could be lying. Vance again referred to the confession. You dictated, I went to 87 West Forest. 48th Street, and entered the house by the front door. Did you ring the bell, or was the front door unlatched? Leacock was about to answer, but hesitated. Evidently, he recalled the newspaper accounts of the housekeeper's testimony in which she asserted positively that the bell had not rung that night. What difference does it make? He was sparring for time. We'd like to know. that's all, Vance told him, but no hurry. Well, if it's so important to you, I didn't ring the bell,

Starting point is 07:21:37 and the door wasn't unlocked. His hesitancy was gone. Just as I reached the house, Benson drove up in a taxi cab. Just a moment, did you happen to notice another car standing in front of the house? A gray Cadillac? Why, yes. "'Did you recognize its occupant?' "'There was another short silence. "'I'm not sure. I think it was a man named Fife. "'He and Mr. Benson were outside at the same time, then?' "'Leacock frowned.

Starting point is 07:22:17 "'No, not at the same time. "'There was nobody there when I arrived. "'I didn't see Fife until I came out a few minutes later.' He arrived in his car when you were inside. Is that it? He must have. I see. And now, to go back a little, Benson drove up in a taxi cab. Then what? I went up to him and said I wanted to speak to him. He told me to come inside, and we went in together. He used his latch-key. And now, Captain, tell us, just what happened after you and Mr. Benson entered the house. He laid his hat and stick on the hat-rack, and we walked into the living room.

Starting point is 07:23:07 He sat down by the table, and I stood up and said, what I had to say. Then I drew my gun and shot him. Vance was closely watching the man, and Markham was leaning forward tensely. how did it happen that he was reading at the time? I believe he did pick up a book while I was talking, trying to appear indifferent, I reckon. I think now you and Mr. Benson went into the living room directly from the hall as soon as you entered the house.

Starting point is 07:23:47 Yes. Then how do you account for the fact, Captain, that when Mr. Benson was shot, he had on his smoking jacket and slippers. Leacock glanced nervously about the room. Before he answered, he wet his lips with his tongue. Now that I think of it, Venson did go upstairs for a few minutes first. I guess I was too excited, he added desperately to recollect everything. That's natural, Vance said, sympathize. but when he came downstairs, did you happen to notice anything peculiar about his hair?

Starting point is 07:24:30 Leacock looked up vaguely. His hair, I don't understand. The color of it, I mean, when Mr. Benson sat before you under the table-lamp, didn't you remark some difference, let us say, in the way his hair looked? The man closed his eyes, as if straight. striving to visualize the scene. No, I don't remember. A minor point, said Vance, indifferently. Did Venson's speech strike you as peculiar when he came downstairs? That is, was there a thickness or slight impediment of any kind in his voice?

Starting point is 07:25:13 Leacock was manifestly puzzled. I don't know what you mean, he said. He seemed to talk the way he always talked. and did you happen to see a blue jewel case on the table? I didn't notice. Vance smoked a moment thoughtfully. When you left the room, after shooting Mr. Benson, you turned out the lights, of course.

Starting point is 07:25:41 When no immediate answer came, Vance volunteered the suggestion. You must have done so, for Mr. Fife says the house was dark when he drove up. Leacock then nodded an affirmative. That's right. I couldn't recollect for the moment. Now that you remember the fact, just how did you turn them off? I, he began and stopped. Then finally, at the switch. And where is that switch located, Captain? I can't just recall. think a moment surely you can remember by the door leading into the hall i think which side of the door how can i tell the man asked piteously i was too nervous but i think it was on the right-hand side of the door the right-hand side when entering or leaving the room as you go out that would be where the bookcase is stands? Yes. Vance appeared satisfied. Now there's the question of the gun, he said,

Starting point is 07:26:57 why did you take it to Miss St. Clair? I was a coward, the man replied. I was afraid they might find it at my apartment, and I never imagined she would be suspected. And when she was suspected, you at once took the gun away and threw it into the East River. "'Yes.' "'I suppose there was one cartridge missing from the magazine, too, "'which in itself would have been a suspicious circumstance. "'I thought of that. That's why I threw the gun away.' "'Vance frowned.

Starting point is 07:27:36 "'That's strange. There must have been two guns. "'We dredged the river, you know, and found a colt automatic, "'but the magazine was full. "'Are you sure, Captain, that's a gun's. it was your gun you took from St. Clairs and threw over the bridge? I knew no gun had been retrieved from the river, and I wondered what he was driving at. Was he, after all, trying to involve the girl? Markham, too, I could see, was in doubt. Leacock made no answer for several moments. When he spoke, it was with dogged sullenness.

Starting point is 07:28:16 There weren't two guns, the one you find. was mine. I refilled the magazine myself. Ah, that accounts for it. Vance's tone was pleasant and reassuring. Just one more question, Captain. Why did you come here today and confess? Leacock thrust his chin out, and for the first time during the cross-examination, his eyes became animated. Why? It was the only honorable thing to do. You had unjust. suspected an innocent person, and I didn't want anyone else to suffer. This ended the interview. Markham had no questions to ask, and the deputy sheriff led the captain out.

Starting point is 07:29:04 When the door had closed on him, a curious silence fell over the room. Markham sat smoking furiously, his hands folded behind his head, his eyes fixed on the ceiling. The Major had settled back in his chair and was gazing at Vance with admiring satisfaction. Vance was watching Markham out of the corner of his eye, a drowsy smile on his lips. The expressions and attitudes of the three men conveyed perfectly their varying individual reactions to the interview. Markham troubled. The men, the men, and the men, and the men, Major, pleased. Vance, cynical. It was Vance who broke the silence. He spoke easily, almost lazily.

Starting point is 07:29:56 You see how silly the confession is, what? Our pure and lofty captain is an incredibly poor Munchausen. No one could lie as badly as he did, who hadn't been born into the world that way. It's simply impossible to imagine. such stupidity. And he did so want us to think him guilty. Very affectin. He probably imagined you'd merely stick the confession in his shirt front

Starting point is 07:30:28 and send him to the hangman. You noticed he hadn't even decided how he got into Vinson's house that night. Fife's admitted presence outside almost spoiled his impromptu explanation of having entered bra-de-sue, bra-de-sue with his intended victim, and he didn't recall Benson's semi-negleglegé attire. When I reminded him of it, he had to contradict himself and sent Benson trotting upstairs to make a rapid change. Luckily, the toupee wasn't mentioned in the newspapers.

Starting point is 07:31:07 The captain couldn't imagine what I meant when I intimated that Benson had died his hair when changing his coat and shoes. By the by, Major, did your brother speak thickly when his false teeth were out? Noticably so, answered the Major. If Alvin's plate had been removed that night, as I gather it had been from your question, Leacock would surely have noticed it. There were other things he didn't notice, said Vance. The jewel case, for instance, and the location of the electric light switch. He went badly astray on that point, added the major. Alvin's house is old-fashioned, and the only switch in the room is a pendant one attached to the chandelier. Exactly, said Vance. However, his worst break was in connection with the gun. He gave his hand away

Starting point is 07:32:07 completely there. He said he threw the pistol into the river, largely because of the missing cartridge, and when I told him the magazine was full, he explained that he had refilled it, so I wouldn't think it was anyone else's gun that was found. It's plain to see what's the matter. He thinks Miss Clare's guilty and is determined to take the blame. That's my impression, said Major Benson. "'And yet,' mused Vance, "'the captain's attitude bothers me a little. "'There's no doubt he had something to do with the crime,

Starting point is 07:32:48 "'else, why should he have concealed his pistol the next day "'in Miss St. Clair's apartment? "'He's just the kind of silly beggar, "'jissy who would threaten any man he thought had designs on his fiancé "'and then carry out the threat, if anything happened. and he has a guilty conscience, that's obvious. But for what? Certainly not the shooting.

Starting point is 07:33:15 The crime was planned, and the captain never plans. He is the kind that gets an idé fix, girds up his loins, and does the deed in nightly fashion, prepared to take the consequences. That sort of chivalry, you know, is sheer bourgesse. Its acolytes want every,

Starting point is 07:33:36 everyone to know of their valor. And when they go forth to rid the world of Adon Juan, they're always clear-minded. The captain, for instance, wouldn't have overlooked his ladyfair's gloves and handbag. He would have taken him away. In fact, it's just as certain he would have shot Benson. As it is, he didn't shoot him. That's the beetle in the amber. It's psychologically possible he would have done it, and psychologically impossible, he would have done it in the way it was done. He lit a cigarette and watched the drifting spirals of smoke.

Starting point is 07:34:22 If it wasn't so fantastic, I'd say he started out to do it and found it already done, and yet that's about the size of it. it would account for Fife's seeing him there and for his secreting the gun at Miss St. Clairs the next day. The telephone rang. Colonel Ostrander wanted to speak to the district attorney.

Starting point is 07:34:50 Markham, after a short conversation, turned a disgruntled look upon Vance. Your bloodthirsty friend wanted to know if I'd arrested anyone yet. He offered to confirm. more of his invaluable suggestions upon me, in case I was still undecided as to who was guilty. I heard you thanking him fulsomely for something or other. What did you give him to understand about your mental state? That I was still in the dark. Markham's answer was accompanied by a somber, tired smile. It was his way of telling Vance that he had entirely rejected the idea of Captain Leacock's guilt. The major went to him and held out his hand.

Starting point is 07:35:42 I know how you feel, he said. This sort of thing is discouraging, but it's better that the guilty person should escape altogether than that an innocent man should be made to suffer. Don't work too hard, and don't let these disappointments get to you. You'll soon hit on the right solution. And when you do, his jaw snapped shut, and he uttered the rest of the sentence between clenched teeth, you'll meet with no opposition from me. I'll help you put the thing over. He gave Markham a grim smile and took up his hat. I'm going back to the office now. If you want me at any time, let me know. I may be able to help you later on. With a friend, friendly appreciative bow to Vance, he went out.

Starting point is 07:36:38 Markham sat in silence for several minutes. Damn it, Vance, he said irritably. This case gets more difficult by the hour. I feel worn out. You really shouldn't take it so seriously, old dear, Vance advised lightly. It doesn't pay, you know, to worry over the trivia of existence. Nothing's new and nothing.

Starting point is 07:37:03 Nothing's true, and nothing really matters. Several million johnnies were killed in the war, and you don't let the fact be devil your phagocytes, or inflame your brain cells. But when one rotter is mercifully shot in your district, you lie awake nights perspiring over it. What? My word, you're deucedly inconsistent. Consistency, began Markham, but van der Venn's. Interrupted him. Now, don't quote Emerson. I infinitely prefer Erasmus.

Starting point is 07:37:40 You know, you ought to read his praise of folly. It would cheer you no end. That goaty old Dutch professor would never have grieved, inconsolably, over the destruction of Alvin Le Chauve. I'm not a frugues-consumeri Natus, like you, snapped Markham. I was elected to this office. Oh, quite. Loved I not honor more, meant all that?

Starting point is 07:38:10 Vance chimed in, but don't be so sensitive. Even if the captain has succeeded in bungling his way out of jail, you have at least five possibles left. There's Mrs. Platz and Mr. Fife and Colonel Ostrander, and Miss Hoffman, and Mrs. banning, I say, Why don't you arrest them all, one at a time, and get him to confess? Heath would go crazy with joy.

Starting point is 07:38:42 Markham was too crestfallen to resent this chafing. Indeed, Vance's lightheartedness seemed to buoy him up. If you want the truth, he said, that's exactly what I feel undoing. I am restrained merely by my indecision as to which one to arrest first. Stout fella, then Vance asked, what are you going to do with the captain now? It'll break his heart if you release him. His heart'll have to break, I'm afraid. Markham reached for the telephone. I'd better see to the

Starting point is 07:39:22 formalities now. Just a moment, Vance put forth a restraining hand. Don't end his rapturous martyrdom just yet. Let him be happy for another day, at least. I've a notion he may be most useful to us, pining away in his lonely cell, like the prisoner of Chillon. Markham put down the telephone without a word. More and more, I had noticed, he was becoming inclined to accept Vance's leadership. This attitude was not merely the result of the hopeless confusion in his mind. though his uncertainty probably influenced him to some extent, but it was due in large measure to the impression Vance had given him of knowing more than he cared to reveal.

Starting point is 07:40:16 Have you tried to figure out just how Fife and his turtle dove fit into the case? Vance asked. Along with a few thousand other enigmas, yes, was the petulant reply, but the more I try to reason it out, the more of a mystery the whole thing becomes. Loosely put, my dear Markham, criticized Vance, there are no mysteries originating in human beings, you know? There are only problems, and any problem originating in one human being can be solved by another human being.

Starting point is 07:40:55 It merely requires a knowledge of the human mind and the application of that knowledge to human acts. Simple, what? He glanced at the clock. I wonder how your Mr. Sitt is getting along with the Benson and Benson books. I await his report with anticipatory excitement. This was too much for Markham. The wearing-down process of Vance's intimations and veiled innuendos had at last dissipated his self-control. He bent forward and struck the desk angrily with his hand. I'm damned tired of this superior attitude of yours. He complained hotly, either you know something or you don't. If you don't know anything, do me the favor of dropping these insinuations of knowledge. If you do, you do,

Starting point is 07:41:54 know anything, it's up to you to tell me. You've been hinting around in one way or another ever since Benson was shot. If you've got any idea who killed him, I want to know it. He leaned back and took out a cigar. Not once did he look up as he carefully clipped the end and lit it. I think he was a little ashamed at having given way to his anger. Vance had sat, apparently unconcerned, during the outburst. At length he stretched his legs and gave Markham a long contemplative look. You know, Markham, old Bean, I don't blame you a bit for your unseemly ebullition. The situation has been most provoked, but now I fancy the time has come. to put an end to this Comediata.

Starting point is 07:42:53 I really haven't been spoofing, you know. The fact is, I've some most interest in ideas on subject. He stood up and yawned. It's a beastly hot day, but it must be done, eh what? So nigh is grandeur to our dust, so near is God to man, when duty whispers lo, thou must, The youth replies, I can. I'm the noble youth, don't you know?

Starting point is 07:43:25 And you're the voice of duty, though you didn't exactly whisper, did you? Was aber is your plight? And Gerta answered, The furdering des Tages. But, deuce take it, I wish the demand had come on a cooler day. He handed Markham his hat.

Starting point is 07:43:48 Come. to everything there is a season and a time to every purpose under the heaven. Footnote 17. This quotation from Ecclesiastes reminds me that Vance regularly read the Old Testament. When I weary of the professional literary man, he once said, I find stimulation in the majestic prose of the Bible. If the moderns feel that they say, simply must write, they should be made to spend at least two hours a day with the biblical

Starting point is 07:44:26 historians. You are through with the office for today. Inform swacker of the fact, will you? There's a dear. We attend upon a lady, Miss St. Clair, no less. Markham realized that Vance's jesting manner was only the masquerade of a very serious purpose. Also, he knew that Vance would tell him what he knew or suspected only in his own way, and that no matter how circuitous and unreasonable that way might appear, Vance had excellent reasons for following it. Furthermore, since the unmasking of Captain Lecox's purely fictitious confession, he was in a state of mind to follow any suggestion that held the face. faintest hope of getting at the truth. He therefore rang at once for Swacker and informed him he was

Starting point is 07:45:27 quitting the office for the day. In ten minutes we were in the subway on our way to 94 Riverside Drive. End of Chapter 19. Chapter 20 of the Benson Murder Case by SS Van Dyne. This Librevox recording is in the public domain. A Lady Explains. Wednesday, June 19, 4.30 p.m. The quest for enlightenment upon which we are now embarked, said Vance, as we rode uptown, may prove a bit tedious, but you must exert your willpower, and bear with me. You can't imagine what a tickless task I have on my hands, and it's not a pleasant one either.

Starting point is 07:46:26 I'm a bit too young to be sentimental, and yet, do you know, I'm half inclined to let your culprit go. Would you mind telling me why we are calling on Miss St. Clair? asked Markham, resignedly. Vance amiably complied. Not at all. Indeed, I deem it best for you to know. There are several points connected with the lady that need illusive. First, there are the gloves and the handbag. Nor poppy nor mandragora shall ever medicine thee to that sweet sleep which thou od'st yesterday until you had learned about those articles.

Starting point is 07:47:12 They what? Then, you recall, Miss Hoffman told us that the major was lending an ear when a certain lady called on Benson the day he was shot. I suspect that the visitor was Miss St. Clair, and I am rather curious to know what took place in the office that day and why she came back later. Also, why did she go to Benson's for tea that afternoon? And what part did the jewels play in the chit-chat?

Starting point is 07:47:49 But there are other items, for example, why did the captain take his gun to her? What makes him think she shot Benson? He really believes it, you know? And why did she think that he was guilty from the first? Markham looked skeptical. You expect her to tell all this? My hopes run high, returned Vance,

Starting point is 07:48:17 with her light jail as a self-confessed murder, she will have nothing to lose by unburdening her soul. But we must have no blustering. Your police brand of aggressive cross-examination will, I assure you, have no effect upon this lady. Just how do you propose to elicit your information? With morbidza, as the painters say, much more refined and gentlemanly, you know.

Starting point is 07:48:52 Markham considered a moment. I think I'll keep out of it, and leave the Socratic lentes entirely to you. An extraordinarily brilliant suggestion, said Vance. When we arrived, Markham announced over the house telephone that he had come on a vitally important mission, and we were received by Miss St. Clair without a moment's delay. She was apprehensive, I imagine, concerning the whereabouts of Captain Leacock.

Starting point is 07:49:26 As she sat before us in her little drawing-room, all overlooking the Hudson, her face was quite pale, and her hands, though tightly clasped, trembled a little. She had lost much of her cold reserve, and there were unmistakable signs of sleeplessness and worry about her eyes. Vance went directly to the point. His tongue was almost flippant in its lightness. It at once relieved the tension of the atmosphere and gave an air bordering on inconsequentiality to our visit.

Starting point is 07:50:06 Captain Leacock has, I regret to inform you, very foolishly confessed to the murder of Mr. Benson. But we are not entirely satisfied with his bono We are, alas, a wash between Silla and Charibdis. We cannot decide whether the captain is a deep-died villain or a chevalier without fear and re-replush. His story of how he accomplished the dark deed is a bit sketchy. He is vague on certain essential details and what's most concerned.

Starting point is 07:50:49 fusing, he turned the lights off in Benson's hideous living room by a switch which positively doesn't exist. Consequently, the suspicion has crept into my mind that he has concocted this little tale of daring due in order to shield someone whom he really believes guilty. He indicated Markham with a slight movement of the head. The district attorney here does not wholly agree with me, but then, as you see, the legal mind is incredibly rigid and unreceptive, once it has been invaded by a notion. You will remember that because you were with Mr. Alvin Benson on his last evening on earth, and for other reasons, equally irrelevant and trivial, Mr. Markham actually concluded that you had had something to do with the gentleman's

Starting point is 07:51:50 death. He gave Markham a smile of waggish reproach and went on. Since you, Miss St. Clair, are the only person whom Captain Leacock would shield so heroically, and since I, at least, am convinced of your own innocence, will you not clear up for us a few of those points where your orbit crossed that of Mr. Venson? Such information cannot do the captain or yourself any harm, and it is very possible it will help to banish from Mr. Markham's mind, his lingering doubts as to the captain's innocence. Vance's manner had an assuaging effect upon the woman, but I could see that. that Markham was boiling inwardly at Vance's animadversions on him, though he refrained from any interruption. Miss St. Clair stared steadily at Vance for several minutes.

Starting point is 07:52:55 I don't know why I should trust you, or even believe you, she said evenly, but now that Captain Leacock has confessed, I was afraid he was going to, when he last spoke to me. I see no reason why I should not answer your questions. Do you truly think he is innocent? The question was like an involuntary cry. Her pent-up emotion had broken through her carapatch of calm. I truly do, Vance avowed soberly. Mr. Markham will tell you that before we left his office, I pleaded with him to release Captain Leacock. It was a very much. It was a man. It was, with the hope that your explanations would convince him of the wisdom of such a course that i urged him to come here something in his tone and manner seemed to inspire her confidence what do you wish to ask me she asked advance cast another reproachful glance at markham who was restraining his outraged feelings only with difficulty and then turned back to the woman

Starting point is 07:54:09 first of all will you explain how your gloves and hand-bag found their way into mr benson's house their presence there has been praying most distressingly on the district attorney's mind she turned a direct frack gaze upon Markham. I dined with Mr. Venson at his invitation. Things between us were not pleasant, and when we started for home, my resentment of his attitude increased. At Times Square, I ordered the chauffeur to stop. I preferred returning home alone. In my anger and my haste to get away, I must have dropped my gloves and bag. It was not until Mr. Benson had driven off that I realized my loss, and, having no money, I walked home.

Starting point is 07:55:06 Since my things were found in Mr. Benson's house, he must have taken them there himself. Such was my own belief, said Vance, and my word, it's a ducidly long walk out here, what? He turned to Markham, with a ten, tantalizing smile. Really, you know, Miss St. Clair couldn't have been expected to reach here before one. Markham, grim and resolute, made no reply.

Starting point is 07:55:38 And now, pursued Vance, I should love to know under what circumstances the invitation to dinner was extended. A shadow darkened her face, but her voice remained even. I had been losing a lot of money through Mr. Benson's firm, and suddenly my intuition told me that he was purposely seeing to it that I did lose, and that he could, if he desired, help me to recoup. She dropped her eyes. He had been annoying me with his attentions for some time, and I didn't put any despicable scheme past him. I went to her. I went to her. I went to her. I went to his office and told him quite plainly what i suspected he replied that if i'd dine with him that night we could talk it over i knew what his object was but i was so desperate i decided to go anyway hoping i might plead with him and how did you happen to mention to mr venson the exact time your little dinner-party would terminate she looked at vance

Starting point is 07:56:52 in astonishment, but answered, unhesitatingly. He said something about making a gay night of it, and then I told him, very emphatically, that if I went, I would leave him sharply at midnight, as was my invariable rule on all parties. You see, she added, I study very hard at my singing, and going home at midnight, no matter but the occasion,

Starting point is 07:57:21 is one of the sacrifices, or rather restrictions I impose on myself. Most commendable and most wise, commented Vance. Was this fact generally known among your acquaintances? Oh, yes, it even resulted in my being nicknamed Cinderella. Specifically, did Colonel Ostrander and Mr. Fife know it? Yes. "'Vance thought a moment. "'How did you happen to go to tea at Mr. Benson's home

Starting point is 07:57:57 "'the day of the murder, if you were to dine with him that night?' "'A flush stained her cheeks. "'There was nothing wrong in that,' she declared. "'Somehow, after I had left Mr. Benson's office, "'I revolted against my decision to dine with him, "'and I went to his house. "'I had gone back to the office first. but he had left, to make a final appeal and to beg him to release me from my promise.

Starting point is 07:58:28 But he laughed the matter off, and after insisting that I have tea, sent me home in a taxi cab to dress for dinner. He called for me about half-past seven. And when you pleaded with him to release you from your promise, you sought to frighten him by recalling Captain Leacock's threat, and he said it was only a bluff? Again, the woman's astonishment was manifest. Yes, she murmured.

Starting point is 07:59:01 Vance gave her a soothing smile. Colonel Ostrander told me he saw you and Mr. Benson at the Marseilles. Yes, and I was terribly ashamed. He knew what Mr. Benson was, and had warned me against him only a few days before. i was under the impression the colonel and mr benson were good friends they were up to a week ago but the colonel lost more money than i did in a stock-pool which mr benson engineered recently and he intimated to me very strongly that mr benson had deliberately misadvised us to his own benefit he didn't even speak to mr benson that mr benson that mr benson had deliberately misadvised us to his own benefit he didn't even speak to mr benson that night at the Marseilles. What about these rich and precious stones that accompanied your tea with

Starting point is 07:59:58 Mr. Benson? Bribes, she answered, and her contemptuous smile was a more eloquent condemnation of Benson than if she had resorted to the bitterest castigation. The gentleman sought to turn my head with them. I was offered a string of pearls to wear to dinner, but I declined. them. And I was told that if I saw things in the right light, or some such charming phrase, I could have jewels just like them for my very, very own, perhaps even those identical ones. On the 21st. Of course, the 21st, grinned Vance. Markham, are you listening? On the 21st, Leander's notefalls do, and if it's not paid the jewels are forfeited.

Starting point is 08:00:55 He addressed himself again to Miss St. Clair. Did Mr. Benson have the jewels with him at dinner? Oh, no, I think my refusal of the pearls rather discouraged him. Vance paused, looking at her with ingratiating cordiality. Tell us now, please, of the gun episode. In your own words, as you. the lawyers say, hoping to entangle you later, but she evidently feared no entanglement. The morning after the murder, Captain Leacock came here and said he had gone to Mr. Benson's house,

Starting point is 08:01:36 about half-past twelve, with the intention of shooting him. But he had seen Mr. Fife outside, and assuming he was calling, had given up the idea, had gone home. I feared that Mr. Fife had seen him, and I told him it would be safer to bring his pistol to me, and to say, if questioned, that he lost it in France. You see, I really thought he had shot Mr. Benson, and was, well, lying like a gentleman to spare my feelings. Then when he took the pistol from me, with the purpose of throwing it away altogether,

Starting point is 08:02:16 I was even more certain of it. She smiled faintly at Markham. That was why I refused to answer your questions. I wanted you to think that maybe I had done it, so you'd not suspect Captain Leacock. But he wasn't lying at all, said Vance. I know now that he wasn't, and I should have known it before.

Starting point is 08:02:43 He'd never have brought the pistol to me if he'd been guilty. A film came over her eyes. And, poor boy, he confessed because he thought that I was guilty. That's precisely the harrowing situation, not advance. But where did he think you had obtained a weapon? I know many army men, friends of his and of Major Benson's, and last summer at the mountains, I did considerable pistol practice for the fun of it.

Starting point is 08:03:19 Though the idea was reasonable enough. Vance rose and made a courtly bow. You've been most gracious and most helpful, he said. You see, Mr. Markham had various theories about the murder. The first, I believe, was that you alone were the Madame Borgia. The second was that you and the captain did the deed together, a catre man, as it were. The third was that the captain pulled the trigger

Starting point is 08:03:52 a capella, and the legal mind is so exquisitely developed that it can believe in several conflicting theories at the same time. The sad thing about the present case is that Mr. Markham still leaned toward the belief that both of you are guilty individually and collectively. I tried to reason to reason

Starting point is 08:04:16 with him before coming here, but I failed. Therefore, I insisted upon his hearing from your own charming lips, your story of the affair. He went up to Markham, who sat, glaring at him with lips compressed. Well, old chap, he remarked pleasantly. Surely you are not going to persist in your obsession that either, Miss St. Clair, or Captain Leacock is guilty, what? And won't you relent and unshackle the captain, as I begged you to?

Starting point is 08:04:53 He extended his arms in a theatrical gesture of supplication. Markham's wrath was at the breaking point, but he got up deliberately and, going to the woman, held out his hand. Miss St. Clair, he said, kindly, and again I was impressed by the bigness of the man. I wish to assure you that I have dismissed the idea of your guilt, and also Captain Leacock's, from what Mr. Vance terms,

Starting point is 08:05:27 my incredibly rigid and unreceptive mind. I forgive him, however, because he has saved me from doing you a very grave injustice, and I will see that you have your captain back as soon as the papers can be signed for his release. As we walked out onto Riverside Drive, Markham turned savagely on Vance. So, I was keeping her precious captain locked up,

Starting point is 08:05:59 and you were pleading with me to let him go. You know, damned well, I didn't think either one of them was guilty. You, you lounge lizard! Vance sighed. Dear me, "'Don't you want to be of any help at all in this case?' he added, sadly. "'What good did it do you to make an ass of me in front of that woman?' spluttered Markham. "'I can't see that you got anywhere with all your tomfoolery.'

Starting point is 08:06:31 "'What?' Vance registered utter amazement. "'The testimony you've heard today is going to help immeasurably in convicting the culprit.' furthermore we now know about the gloves and handbag and who the lady was that called at benson's office and what miss st clair did between twelve and one and why she dined alone with alvin and why she first had tea with him and how the jewels came to be there and why the captain took her his gun and then threw it away and why he confessed my word. Doesn't all this knowledge soothe you? It rids the situation of so much debris. He stopped and lit a cigarette. The really important thing the lady told us was that her friends knew she invariably departed at midnight when she went out of an evening. Don't overlook or belittle that point, old dear. It's most pertinent. I told you long ago that the person who shot Benson knew she was dining with him that night.

Starting point is 08:07:48 You'll be telling me next, you know who killed him, Markham scoffed. Vance sent a ring of smoke circling upward. I've known all along who shot the blighter. Markham snorted derisively. Indeed. And when did this revelation burst upon you? Oh, not more than five. five minutes after I entered Benson's house that first morning, replied Vance.

Starting point is 08:08:20 Well, well, why didn't you confide in me and avoid all these trying activities? Quite impossible, Vance explained jocularly. You were not ready to receive my apocryphal knowledge. It was first necessary to lead you patiently by the hand out of the various doctor. forests and morasses into which you insisted upon straying you're so devilishly unimaginative don't you know a taxicab was passing and he hailed it eighty-seven west forty-eight street he directed then he took markham's arm confidingly Now for a brief chat with Mrs. Platz, and then, then I shall pour into your ear all my maidenly secrets. End of Chapter 20. Chapter 21 of the Benson Murder Case by SS Van Dyne. This Librivox recording is in the public domain.

Starting point is 08:09:40 Sartorial Revelations Wednesday, June 19. 5.30 p.m. The housekeeper regarded our visit that afternoon with marked uneasiness. Though she was a large, powerful woman, her body seemed to have lost some of its strength, and her face showed signs of prolonged anxiety. Snitkin informed us, when we entered, that she had carefully read every newspaper account of the progress of the case, and had questioned him interminably on the subject. She entered the living room with scarcely an acknowledgment of our presence

Starting point is 08:10:25 and took the chair Vance placed for her like a woman resigning herself to a dreaded but inevitable ordeal. When Vance looked at her keenly, she gave him a frightened glance and turned her face away, as if, in the second their eyes met, she had read his knowledge of some secret she had been jealously guarding. Vance began his questioning without prelude or protasis. Mrs. Platz, was Mr. Benson very particular about his toupee? That is, did he often receive his friends without having it on? The woman appeared really. Oh, no, sir, never. Think back, Mrs. Platz,

Starting point is 08:11:18 has Mr. Benson never, to your knowledge, been in anyone's company without his toupee? She was silent for some time, her brows contracted. Once I saw him take off his wig and show it to Colonel Ostrander, an elderly gentleman who used to call here very often. but Colonel Ostrander was an old friend of his. He told me they lived together once.

Starting point is 08:11:48 No one else. Again, she frowned thoughtfully. No, she said after several minutes. What about the tradespeople? He was very particular about them, and strangers too, she added. When he used to sit in here in hot weather, without his wig. He always pulled the shade on that window, she pointed to the one nearest the hallway. You can look in it from the steps.

Starting point is 08:12:21 I'm glad you brought up that point, said Vance. And anyone standing on the steps could tap on the window or the iron bars and attract the attention of anyone in this room. Oh, yes, sir, easily. I did it myself once. when I went on an errand and forgot my key. It's quite likely, don't you think, that the person who shot Mr. Benson obtained admittance in that way? Yes, sir, she grasped eagerly at the suggestion.

Starting point is 08:12:57 The person would have had to know Mr. Benson pretty well to tap on the window instead of ringing the bell. Don't you agree with me, Mrs. Platt's? Yes, sir. Her tone was doubtful. Evidently, the point was a little beyond her. If a stranger had tapped on the window, would Mr. Benson have admitted him without his to-pay?

Starting point is 08:13:24 Oh, no, he wouldn't have let a stranger in. You are sure the bell didn't ring that night? Positive, sir. The answer was very emphatic. Is there a light on the front? steps? No, sir. If Mr. Benson had looked out of the window to see who was tapping, could he have recognized the person at night? The woman hesitated. I don't know. I don't think so. Is there any way you can see through the front door who is outside without opening it?

Starting point is 08:14:05 No, sir. Sometimes I wish there was. Then, if the person knocked on the window, Mr. Benson must have recognized the voice. It looks that way, sir. And you're certain no one could have got in without a key? How could they? The door locks by itself. It's the regulation spring lock, isn't it? Yes, sir. Then it must have a catch you can turn off, so that the door will

Starting point is 08:14:39 open from either side, even though it's latched. It did have a catch like that, she explained, but Mr. Benson had it fixed, so it wouldn't work. He said it was too dangerous. I might go out and leave the house unlocked. Vance stepped into the hallway, and I heard him opening and shutting the front door. You are right, Mrs. Platt's, he observed when he came back. "'Now tell me, are you quite sure no one at a key?' "'Yes, sir. No one but me and Mr. Benson had a key.' Vance nodded his acceptance of her statement.

Starting point is 08:15:25 "'You said you left your bedroom door open on the night Mr. Benson was shot. "'Do you generally leave it open?' "'No, I most always shut it. it was terrible close that night, and it was merely an accident you left it open, as you might say. If your door had been closed, as usual, could you have heard the shot, do you think?

Starting point is 08:15:54 If I'd been awake, maybe. Not if I was sleeping, though. They got heavy doors in these old houses, sir. And they're beautiful, too, commented then. He looked admiringly at the massive mahogany double door that opened into the hall. You know, Markup, our so-called civilization is nothing more than the persistent destruction of everything that's beautiful and enduring, and the designing of cheap makeshifts. You should read Oswald Spengler's Outtogang des Abedlands, a most penetrating document.

Starting point is 08:16:36 I wonder some enterprise and publisher hasn't embalmed it in our native, a go. Footnote 18. The book, or a part of it, has, I believe, been recently translated into English. The whole history of this degenerate era we call modern civilization can be seen in our woodwork. Look at that fine old door, for instance, with its beveled panel, and ornamented bolection and its ionic pilasters and carved lintel, and then compare it with the flat, flimsy machine-made,

Starting point is 08:17:19 shalacked boards, which are turned out by the thousand to-day. Sick transit. He studied the door for some time, then turned abruptly back to Mrs. Platt, who was eyeing him curiously and with mounting apprehension. "'What did Mr. Vinson do with the box of jewels when he went out to dinner?' he asked. "'Nothing, sir,' she answered nervously. "'He left them on the table there.

Starting point is 08:17:52 "'Did you see them after he had gone out?' "'Yes, and I was going to put them away, "'but I decided I'd better not touch them.' "'And nobody came to the door or entered the house.' After Mr. Benson left? No, sir. You're quite sure? I'm positive, sir.

Starting point is 08:18:16 Vance rose and began to pace the floor. Suddenly, just as he was passing the woman, he stopped and faced her. Was your maiden name, Huffman, Mrs. Flutz? The thing she had been dreading had come. Her face pale, her eyes opened wide, and her lower lip drooped a little. Vance stood, looking at her, not unkindly.

Starting point is 08:18:45 Before she could regain control of herself, he said, I had the pleasure of meeting your charming daughter recently. My daughter, the woman managed to stammer. Miss Hoffman, you know, the attractive young lady with the blonde hair, Mr. Benson's secretary. The woman sat erect and spoke through clamped teeth. She's not my daughter. Now, now Mrs. Platz, Vance chided her, as if speaking to a child.

Starting point is 08:19:22 Why, this foolish attempt at deception, you remember how worried you were, when I accused you of having a personal interest in the lady who was here to tea with Mr. Benson? You were afraid, I thought it was Miss Hoffman. But why should you be anxious about her, Mrs. Platz? I'm sure she's a very nice girl, and you really can't blame her for preferring the name of Hoffman to that of Platz. Plats means generally a place,

Starting point is 08:19:57 though it also means a crash or an explosion, and sometimes a plucks is a bun or a yeast cake, but a Hoffman is a courtier, much nicer than being a yeast cake, what? He smiled engagingly, and his manner had a quieting effect upon her. It isn't that, sir, she said, looking at him appealingly, I made her take the name.

Starting point is 08:20:26 In this country, any girl who's smart can get to be a lady, if she's given a chance, and I understand perfectly, Vance interposed pleasantly. Miss Hoffman is clever, and you feared that the fact of you were being a housekeeper, if it became known, would stand in the way of her success, so you're eliminating yourself, as it were, for her welfare. I think it was very generous of you. Your daughter lives alone. Yes, sir, in Morningside Heights, but I see her every week.

Starting point is 08:21:05 Her voice was barely audible. Of course, as often as you can, I'm sure. Did you take the position as Mr. Benson's housekeeper because she was his secretary? She looked up, a bitter expression in her eyes. Yes, sir, I did. She told me the kind of man he was, and he often made her come to the house here in the evenings to do extra work.

Starting point is 08:21:35 And you wanted to be here to protect her? Yes, sir, that was it. Why are you so worried the morning after the murder when Mr. Markham here asked you if Mr. Benson kept any firearms around the house? The woman shifted her gaze. I wasn't worried. "'Yes, you were, Mrs. Platz, and I'll tell you why. "'You were afraid we might think Miss Hoffman shot him.'

Starting point is 08:22:08 "'Oh, no, sir, I wasn't,' she cried. "'My girl wasn't even here that night, I swear it. "'She wasn't here.' "'She was badly shaken. "'The nervous tension of a week had snapped, "'and she looked helplessly about her. "'Come, come, Mrs. Platt's pleaded Vance, consolingly,

Starting point is 08:22:32 "'No one believes for a moment "'that Miss Hoffman had a hand in Mr. Benson's death.' The woman peered searchingly into his face. "'At first she was loath to believe him. "'It was evident that fear had long been preying on her mind, "'and it took him fully a quarter of an hour "'to convince her that what he had said was true. When finally we left the house, she was in a comparatively peaceful state of mind.

Starting point is 08:23:07 On our way to the Stuyvesant Club, Markham was silent, completely engrossed with his thoughts. It was evident that the new facts induced by the interview with Mrs. Platt's troubled him considerably. Vance sat smoking dreamily, turning his head now and then to inspect the buildings we passed. We drove east through 48th Street, and when we came abreast of the New York Bible Society House, he ordered the chauffeur to stop, and insisted that we admire it. Christianity, he remarked, has almost vindicated itself by its architecture alone. With few exceptions, the only buildings in this city that are not eyesores are the churches and their allied structures.

Starting point is 08:24:01 The American aesthetic credo is whatever's big is beautiful. These depressant gargantuan boxes with rectangular holes in them, which are called skyscrapers, are worshipped by Americans simply because they're huge. A box with 40 rows of holes

Starting point is 08:24:22 is twice as beautiful as a box with 20 rows. simple formula what? Look at this little five-story affair across the street. It's infinitely lovelier and more impressive, too, than any skyscraper in the city. Vance referred but once to the crime during our ride to the club, and then only indirectly. Kind hearts, you know, Markham, are more than coronets. I've done a good deed today. and I feel positively virtuous.

Starting point is 08:24:59 Frau Plotz will schlafen much better tonight. She has been frightfully upset about little Gretchen. She's a doughty old soul, motherly and all that, and she couldn't bear to think of the future Lady Virdvir being suspected. Wonder why she worried so. And he gave Markham a sly look. Nothing further was said. until after dinner, which we ate in the roof garden.

Starting point is 08:25:31 We had pushed back our chairs and sat looking out over the treetops of Madison Square. Now, Markham, said Vance, give over all your prejudices and consider the situation judiciously, as you lawyers euphemistically put it. To begin with, we know now why Mrs. Platt was so worried, at your question regarding firearms, and why she was upset by my reference to her personal interest in Benson's tea companion. So those two mysteries are eliminated. How did you find out about her relation to the girl? Interjected Markham. "'Twas my ogling did it?' Vance gave him a reproving look. You recall that I ogled the young lady at our first meeting, but I forgive you, and you remember our little discussion about cranial idiosyncrasies?

Starting point is 08:26:36 Miss Hoffman, I noticed at once, possessed all the physical formations of Benson's housekeeper. She was brachycephalic, she had over-articicicic, had over-articicic cheekbones, an orthogamous jaw, a low, flat parietal structure, and a mesorinian nose. Then I looked for her ear, for I had noted that Mrs. Platz had the pointed lobe-less satir ear, sometimes called the Darwin ear. These ears run in families.

Starting point is 08:27:10 When I saw that Miss Hoffman's were of the same type, even though modified, I was fairly certain of the relationship. But there were other similarities, in pigment, for instance, and in height. Both are tall, you know, and the central masses of each were very large in comparison with the peripheral masses.

Starting point is 08:27:35 The shoulders were narrow, and the wrists and ankles small, while the hips were bulky. That Hoffman was Platz's maiden name was only a guess, but it didn't matter. Vance adjusted himself more comfortably in his chair. Now for your judicial considerations. First, let us assume that at a little before

Starting point is 08:28:01 half-past twelve on the night of the 13th, the villain came to Benson's house, saw the light in the living room, tapped on the window, and was instantly admitted. What would you say do these assumptions indicate regarding the visitor. Merely that Benson was acquainted with him, returned Markham. But that doesn't help us any. We can't extend the sous-pair call to everybody the man knew. The indications go much further than that, old chap, Vance retorted. They show, unmistakably that Benson's murderer was a most

Starting point is 08:28:49 intimate crony, or at least a person before whom he didn't care how he looked. The absence of the toupee, as I once suggested to you, was a prime essential of the situation. A tope, don't you know, is the sartorial sine qua non of every middle-aged beau brummel, afflicted with baldness. You heard Mrs. Platt's on the subject, "'Do you think for a second that Benson, who hid his hirsute deficiency even from the grocer's boy, "'would visit with a mere acquaintance thus bereft of his crowning glory? "'And besides being thus denuded, he was without his full complement of teeth. "'Moreover, he was without collar or tie,

Starting point is 08:29:45 "'and attired in an old smoking-jacket and bed-ed. bedroom slippers. Picture the spectacle, my dear fellow. A man does not look fascinating without his collar, and with his shirtband and gold stud exposed. Thus attired, he is the equivalent of a lady in curl papers. How many men do you think Benson knew, with whom he would have sat down to a tete-a-tete in this undress condition?

Starting point is 08:30:19 "'Three or four, perhaps,' answered Markham. "'But I can't arrest them all.' "'I'm sure you would if you could, but it won't be necessary.' Vance selected another cigarette from his case and went on. "'There are other helpful indications, you know? For instance, the murderer was fairly well acquainted with Benson's domestic arrangements. He must have known that the housekeeper slept a good distance from the living room, and would not be startled by the shot, if her door was closed,

Starting point is 08:30:55 as usual. Also, he must have known there was no one else in the house at that hour. And another thing, don't forget that his voice was perfectly familiar to Benson. If there had been the slightest doubt about it, Benson would not have let him in, in view of his natural fear of housebreakers, and with the captain's threat hanging over him. That's a tenable hypothesis. What else? The jewels, Markham, those orators of love, have you thought of them? They were on the centre table when Benson came home that night, and they were gone in the morning. wherefore it seems inevitable that the murderer took them, a what?

Starting point is 08:31:48 And may they not have been one reason for the murderers coming there that night? If so, who of Benson's most intimate Personé Grate knew of their presence in the house, and who wanted them particularly? Exactly, Vance, Markham nodded his head slowly. You've hid it. I've had an uneasy feeling about Fife right along. I was on the point of ordering his arrest today, when Heath brought word of Leacock's confession. And then, when that blew up, my suspicions reverted to him. I said nothing this afternoon, because I wanted to see where your ideas. had led you. What you've been saying checks up perfectly with my own notions. Fife's our man. He brought the front legs of his chair down suddenly. And now, damn it, you've let him get away from us. Don't fret, old dear, said Vance. He's safe with Mrs. Fife, I fancy. And anyhow, your friend, Mr. Ben Hanlon, is well versed.

Starting point is 08:33:07 in retrieving fugitives. Let the harassed Leander alone for the moment. You don't need him to-night, and tomorrow you won't want him. Markham wheeled about. What's that? I won't want him, and why pray? Well, Vance explained indolently, he hasn't a congenial and lovable nature as he,

Starting point is 08:33:33 and he's not exactly an object of blind. in duty. I shouldn't want him around me any more than was necessary, don't you know? Incidentally, he's not guilty. Markham was too nonplussed to be exasperated. He regarded Vance, searchingly, for a full minute. I don't follow you, he said. If you think Fife's innocent, who, in God's name, do you think is guilty? Vance glanced at his watch. Come to my house tomorrow for breakfast, and bring those alibis you asked Heath for,

Starting point is 08:34:16 and I'll tell you who shot Benson. Something in his tone impressed Markham. He realized that Vance would not have made so specific a promise, unless he was confident of his ability to keep it. He knew Vance too well to. to ignore or even minimize his statement. Why not tell me now, he asked. Awfully sorry, you know, apologized Vance.

Starting point is 08:34:46 But I'm going to the Philharmonics special tonight. They're playing, Sezar-Franx D. Minor. And Stransky's temperament is eminently suited to its diatonic sentimentalities. You'd better come along, old man. "'soothen to the nerves and all that.' "'Not me,' grumbled Markham. "'What I need is a brandy-and-soda.' "'He walked down with us to the taxi-cab.

Starting point is 08:35:16 "'Come at nine to-morrow,' said Vance as we took our seats. "'Let the office wait a bit, "'and don't forget to phone Heath for those alibis.' "'Then, just as we started off, he leaned out of the car. And I say, Markham, how tall would you say Mrs. Platz is? End of Chapter 21.

Starting point is 08:35:50 Chapter 22 of the Benson murder case by S.S. Van Dyne. This Librevox recording is in the public domain. Vance outlines a theory. Thursday, June 20, 9 a.m. Markham came to Vance's apartment at promptly nine o'clock the next morning. He was in a bad humor. Now see here, Vance, he said as soon as he was seated at the table,

Starting point is 08:36:23 I want to know what was the meaning of your parting words last night. Eat your melon, old dear, said Vance. It comes from northern Brazil, and is very delicious. But don't devitalize its flavor with pepper or salt. An amazin practice that. Zon dot has amazing as stuffing a melon with ice cream. The American does the most dumbfounded things with ice cream. He puts it on pie, he puts it in soda water, he encases it in hard chocolate like a bonbon.

Starting point is 08:37:02 He puts it between sweet biscuits and calls the result an ice cream sandwich. He even uses it instead of whipped cream in a Charlotte-Russ. What I want to know, began Markham, but Vance did not permit him to finish. It's surprising, you know, the erroneous ideas people have about melons. There are only two species, the musk melon and the watermelon. All breakfast melons, like cantaloupe, citrons, nutmegs, casabas, honey-dews, are varieties of the musk melon. But people have the notion, do you see, that cantaloupe is a generic term. Philadelphians call all melons cantaloupes, whereas this type of musk melon was first cultivated in Cantaloupo, Italy.

Starting point is 08:37:59 Very interesting, said Markham, with only partially disguised impatience. did you intend by your remark last night? And after the melon, Curry has prepared a special dish for you. It's my own gustatory chef d'Uv. With Curry's collaboration, of course, I've spent months on its conception, composing and organizing it, so to speak,

Starting point is 08:38:27 I haven't named it yet. Perhaps you can suggest a fitting appellation To achieve this dish, one first chops up a hard-boiled egg and mixes it with great pour de salue cheese, adding a soupsaint of Tarragon. This paste is then enclosed in a filet of white perch, like a French pancake. It is tied with silk, rolled in a specially prepared almond batter, and cooked in sweet butter. That, of course, is the bearer. outline of its manufacture, with all the truly exquisite details omitted. It sounds appetizing, Markham's tone, was devoid of enthusiasm, but I didn't come here for

Starting point is 08:39:16 a cooking lesson. You know, you underestimate the importance of your ventral pleasures, pursued fans. Eating is the one infallible guide to a people's intellectual advancement, as well as the inevitable gauge of the individual's temperament. The savage cooked and ate like a savage. In the early days of the human race, mankind was cursed with one vast epidemic of indigestion. There's where his devils and demons and ideas from hell came from, they were the nightmares of his dyspepsia.

Starting point is 08:39:58 Then, as man began to master the technique of cooking, he became civilized, and when he achieved the highest pinnacles of the culinary art, he also achieved the highest pinnacles of cultural and intellectual glory. When the art of the gourmet retrogressed, so did man. The tasteless, standardized cookery of America is typical of our decadence. A perfectly blended soup, Markham, is more and noblin than Beethoven's C minor symphony. Markham listened stolidly to Vance's chatter during breakfast. He made several attempts to bring up the subject of the crime,

Starting point is 08:40:44 but Vance glibly ignored each essay. It was not until Curry had cleared away the dishes that he referred to the object of Markham's visit. "'Did you bring the alibi reports?' was his first question. Markham nodded, and it took me two hours to find Heath after you'd gone last night. Sad, breathed Vance. He went to the desk and took a closely written double sheet of foolscap from one of the compartments. "'I wish you'd glance this over and give me your learned opinion,' he said, handing the paper to Markham, I prepared it last night after the concert.

Starting point is 08:41:29 I later took possession of the document and filed it with my other notes and papers pertaining to the Benson case. The following is a verbatim copy. Hypothesis. Mrs. Anna Platts shot and killed Alvin Benson on the night of June 13th. Place. She lived in the house. house and admitted being there at the time the shot was fired. Opportunity. She was alone in the house with Benson. All the windows were either barred or locked on the inside. The front door was locked. There was no other means of ingress. Her presence

Starting point is 08:42:10 in the living room was natural. She might have entered ostensibly to ask Benson a domestic question. Her standing directly in front of him would not necessarily have caused him to look up. his reading attitude. Who else could have come so close to him for the purpose of shooting him without attracting his attention? He would not have cared how he appeared before his housekeeper.

Starting point is 08:42:35 He had become accustomed to being seen by her without his teeth and toupee and in negligee condition. Living in the house, she was able to choose a propitious moment for the crime. Time She waited up for him,

Starting point is 08:42:51 despite her denial he might have told her when he would return when he came in along and changed to his smoking jacket she knew he was not expecting any late visitors she chose a time shortly after his return because it would appear that he had brought someone home with him and that this other person had killed him means she used benson's own gun benson undoubtedly had more than one for he would have been more likely to keep a gun in his bedroom than in his living-room and since a smith and wesson was found in the living-room there probably was another in the bedroom being his housekeeper she knew of the gun upstairs after he had gone down to the living-room to read she secured it and took it with her concealed under her apron. She threw the gun away or hit it after the shooting. She had all night in which to dispose of it. She was frightened when asked what firearms Benson kept about the house, for she was not sure whether or not we knew of the gun in the bedroom. Motive. She took the position of housekeeper because she feared Benson's conduct toward her daughter. She always listened when her daughter came to his house at night to work. Recently, she discovered that Benson had dishonorable intentions

Starting point is 08:44:18 and believed her daughter to be in imminent danger. A mother who would sacrifice herself for her daughter's future, as she had done, would not hesitate at killing to save her. And there are the jewels. She has them hidden and is keeping them for her daughter. Would Benson have gone out and left them on the table? And if he had put them away, who but she, familiar with the house, and having plenty of time, could have found them?

Starting point is 08:44:50 Conduct She lied about St. Clair's coming to tea, explaining later that she knew St. Clair could not have had anything to do with the crime. Was this feminine intuition? No. She could know St. Clair was innocent. only because she herself was guilty. She was too motherly to want an innocent person suspected. She was markedly frightened yesterday

Starting point is 08:45:17 when her daughter's name was mentioned because she feared the discovery of the relationship might reveal her motive for shooting Benson. She admitted hearing the shot because if she had denied it, a test might have proved that a shot in the living room would have sounded loudly in her room and this would have aroused suspicion against her.

Starting point is 08:45:40 Does a person, when awakened, turn on the lights and determine the exact hour? And if she had heard a report, which sounded like a shot being fired in the house, would she not have investigated or given an alarm? When first interviewed, she showed plainly she disliked Benson. Her apprehension has been pronounced each time she's been questioned. She is the hard-headed, shrewd, determined German type,

Starting point is 08:46:10 who could both plan and perform such a crime. Height. She is about five feet ten inches tall, the demonstrated height of the murderer. Markham read this presi through several times. He was fully fifteen minutes at the task, and when he had finished, he sat silent for ten minutes more. then he rose and walked up and down the room.

Starting point is 08:46:40 Not a fancy legal document that, remarked Vance, but I think even a grand juror could understand it. You, of course, can rearrange and elaborate it, and be decked with innumerable, meaningless phrases and recondite legal idioms. Markham did not answer at once. He paused by the French windows, and looked down into the street.

Starting point is 08:47:07 Then he said, Yes, I think you've made out a case. Extraordinary. I've wondered from the first what you were getting at, and your questioning of Platt's yesterday impressed me as pointless. I'll admit it never occurred to me to suspect her. Benson must have given her good cause. He turned and came slowly towards,

Starting point is 08:47:34 us, his head down, his hands behind him. I don't like the idea of arresting her. Funny, I never thought of her in connection with it. He stopped in front of Vance, and you yourself didn't think of her at first, despite your boast that you knew who did it after you'd been in Benson's house five minutes. Vance smiled mirthfully and sprawled in his chair.

Starting point is 08:48:04 Markham became indignant. Damn it, you told me the next day that no woman could have done it, no matter what, the evidence, and harangued me about art and psychology, and God knows what. Quite right, murmured Vance, still smiling. No woman did it. No woman did it, Markham's gorge was rising rapidly. Oh, dear, no. He pointed to the sheet of paper in Markham's hand,

Starting point is 08:48:38 "'That's just a bit of spoofing, don't you know? Poor old Mrs. Platz. She's as innocent as a lamb.' Markham threw the paper on the table and sat down. I had never seen him so furious, but he controlled himself admirably. "'You see, my dear old being,' explained Vance, in his unemotional drawl, "'I had an irresistible longing to demonstrate

Starting point is 08:49:05 to you how utterly silly your circumstantial and material evidence is. I'm rather proud, you know, of my case against Mrs. Platt's. I'm sure you could convict her on the strength of it, but, like the whole theory of your exalted law, it's wholly specious and erroneous. Circumstantial evidence, Markham, is the utterest tommy-rot imaginable. Its theory is not unlike that of our present-day democracy. The democratic theory is that if you accumulate enough ignorance at the polls, you produce intelligence.

Starting point is 08:49:47 And the theory of circumstantial evidence is that if you accumulate a sufficient number of weak links, you can produce a strong chain. Did you get me here this morning? demanded Markham coldly. to give me a dissertation on legal theory? Oh, no, Bance blithely assured him, but I simply must prepare you for the acceptance of my revelation, for I haven't a scrap of material or circumstantial evidence against the guilty, ma'am. And yet, Markham, I know he's guilty, as well as I know you're sitting in that chair,

Starting point is 08:50:30 planning how you can torture and kill me without being punished. If you have no evidence, how did you arrive at your conclusion? Markham's tone was vindictive. Solely by psychological analysis, by what might be called the science of personal possibilities. A man's psychological nature is as clear a brand to one who can read it, as was Hester Prince, scarlet letter. I never read Hawthorne, by the by. I can't abide the dwingled temperament. Markham set his jaw and gave Vance a look of Arctic ferocity. You expect me to go into court, I suppose, leading your victim by the arm, and, say, to the judge, here's the man that shot Alvin Benson. I have no evidence against him, but I want you to sentence him to death.

Starting point is 08:51:30 because my brilliant and sagacious friend, Mr. Philo Vance, the inventor of stuffed perch, says this man has a wicked nature. Vance gave an almost imperceptible shrug. I shan't wither away with grief if you don't even arrest the guilty man, but I thought it no more than humane to tell you who he was, if only to stop you from chivying all these innocent people. All right, tell me, and let me get on about my business. I don't believe there was any longer a question in Markham's mind that Vance actually knew who had killed Venson. But it was not until considerably later in the morning that he fully

Starting point is 08:52:23 understood why Vance had kept him for days upon Tenterhooks. When at last, he did understand it, he forgave Vance, but at the moment he was angered to the limit of his control. There are one or two things that must be done before I can reveal the gentleman's name, Vance told him. First, let me have a peep at those alibis. Markham took from his pocket a sheaf of typewritten pages and passed them over. Vance adjusted his monocle and read through them carefully. Then he stepped out of the room, and I heard him telephoning. When he returned, he re-read the reports.

Starting point is 08:53:13 One, in particular, he lingered over, as if weighing its possibilities. There's a chance, you know, he murmured at length, gazing indecisively into the fireplace. He glanced at the report again. I see here, he said, that Colonel Ostrander, accompanied by a Bronx alderman named Moriarty, attended the midnight follies at the Piccadilly Theatre in 47th Street on the night of the 13th, arriving there a little before 12th and remaining through the performance, which was over about half-past two a.m. Are you acquainted with this particular alderman? Markham's eyes lifted sharply to the other's face.

Starting point is 08:54:09 I've met, Mr. Moriarty. What about him? I thought I detected a note of suppressed excitement in his voice. Where do Bronx aldermen lull about in the forenoons? asked Vance. At home, I should say, or possibly at the Samo-Set Club. Sometimes they have business at City Hall. My word, such unseemly activity for a politician. Would you mind ascertaining if Mr. Moriarty is at home or at his club? If it's not too much bother, I'd like to have a brief word with him.

Starting point is 08:54:52 Markham gave Vance a penetrating gaze. Then, without a word, he went to the telephone in the den. Mr. Moriarty was at home about to leave for City Hall, he announced, on returning. I asked him to drop by here on his way downtown. I do hope he doesn't disappoint us, sighed Vance, but it's worth trying. Are you composing a charade? asked Markham, but there was neither humor nor good nature in the question. Upon my word, old man, I'm not trying to confuse the main issue, said Vance. Exert a little of that simple faith with which you are so generously supplied. It's more desirable

Starting point is 08:55:41 than Norman blood, you know. I'll give you the guilty man before the morning's over, but, to see, I must make sure that you'll accept him. These alibis are, I trust, going to prove most profitable in paving the way for my coup de boutoir. An alibi, as I recently confided to you, is a tricky and dangerous thing, and open to grave suspicion, and the absence of an alibi means nothing at all. For instance, I see by these reports that Miss Hoffman has no alibi for the night of the 13th. She says she went to a motion picture. theater and then home. But no one saw her at any time. She was probably at Benson's visiting La Ma until late. Looks suspicious, a what? And yet, even if she was there,

Starting point is 08:56:41 her only crime that night was filial affection. On the other hand, there are several alibis here, which are, as one says, cast iron. A silly metaphor. Cast iron. A silly metaphor. Cast iron easily broken, and I happen to know one of them's spurious. So be a good fellow, and have patience, for it's most necessary that these alibis be minutely inspected. Fifteen minutes later, Mr. Moriarty arrived. He was a serious, good-looking, well-dressed youth in his late twenties, not at all my idea of an alderman, and he spoke clear and precise English, with almost no trace of the Bronx accent. Markham introduced him and briefly explained why he had been requested to call.

Starting point is 08:57:34 One of the men from the Homicide Bureau, answered Moriarty, was asking me about the matter only yesterday. We have the report, said Vance, but it's a bit too general. Will you tell us exactly what you did that night after you met Colonel Ostrander? The Colonel had invited me to dinner and the Follies. I met him at the Marseilles at ten. We had dinner there and went to the Piccadilly a little before twelve, where we remained until about two-thirty. I walked to the Colonel's apartment with him, had a drink and a chat, and then took the subway home about 3.30. You told the detective yesterday you sat in a box.

Starting point is 08:58:22 at the theatre? That's correct. Did you and the Colonel remain in the box throughout the performance? No. After the first act, a friend of mine came to the box, and the Colonel excused himself and went to the washroom. After the second act, the Colonel and I stepped outside into the alleyway and had a smoke. At what time, would you say, was the first act over? 12.30 or thereabouts? And where is this alleyway situated? asked Vance. As I recall, it runs along the side of the theatre to the street. You're right.

Starting point is 08:59:06 And isn't there an exit door very near the boxes, which leads into the alleyway? There is. We used it that night. How long was the colonel gone after the first act? A few minutes. I couldn't say exactly. Had he returned when the curtain went up on the second act? Moriarty reflected. I don't believe he had. I think he came back a few minutes after the second act began.

Starting point is 08:59:39 Ten minutes? I couldn't say. Certainly no more. Then, allowing for a ten-minute intermission, the Colonel might have been away twenty minutes? Yes, it's possible. This ended the interview, and when Moriarty had gone,

Starting point is 09:00:00 Vance lay back in his chair and smoked thoughtfully. Surprise and luck, he commented. The Pic-Dilly Theatre, you know, is practically round the corner from Benson's house. You grasp the possibilities of the situation, what? The colonel invites, an alderman to the midnight follies, and gets box seats near an exit, giving on an alley. At a little before half-past twelve, he leaves the box, sneaks out via the alley,

Starting point is 09:00:34 goes to Benson's, taps, and is admitted, shoots his man, and hurries back to the theatre. Twenty minutes would have been ample. Markham straightened up, but made no comment. And now, continued Vance, let's look at the indicatory circumstances and the confirmatory facts. Miss St. Clair told us the colonel had lost heavily in a pool of Benson's manipulation and had accused him of crookedness. He hadn't spoken to Benson for a week, so it's plain there was bad blood between him. He saw Miss St. Clair at the Marseilles with Benson,

Starting point is 09:01:23 and, knowing she always went home at midnight, he chose half-past twelve as a propitious hour, although originally he may have intended to wait until much later, say, one-thirty or two, before sneaking out of the theatre. Being an army officer, he would have had a colt, 45, and he was probably a good shot. He was most anxious to have you arrest someone, he didn't seem to care who, and he even phoned you to inquire about it. He was one of the very few persons in the world whom Benson would have admitted, attired as he was. He'd known Benson intimately for 15 years,

Starting point is 09:02:12 and Mrs. Platt once saw Benson take off his toupee and show it to him. Moreover, he would have known all about the domestic arrangements of the house. He no doubt had slept there many a time when showing his old pal the wonders of New York's nightlife. How does all that appeal to you? Markham had risen and was pacing the floor. his eyes almost closed. So that was why you were so interested in the colonel, asking people if they knew him and inviting him to lunch.

Starting point is 09:02:56 What gave you the idea in the first place that he was guilty? Guilty, exclaimed Vance, that priceless old Dunderhead, guilty, to really mark him, the notions prepared. I'm sure he went to the washroom that night to comb his eyebrows and arrange his tie. Sitting as he was in a box, the girls on the stage could see him, you know. Markham halted abruptly. An ugly color crept into his cheeks, and his eyes blazed.

Starting point is 09:03:33 But before he could speak, Vance went on with serene indifference to his anger. and I played in the most astonishing luck. Still, he's just the kind of ancient Papenjay who'd go to the washroom and dandify himself. I'd rather counted on that, don't you know? My word, we've made amazing progress this morning, despite your injured feelings. You now have five different people,

Starting point is 09:04:04 any one of whom you can, with a little legal ingenuity, convict of the crime. In any event, you can get indictments against them. He leaned his head back, meditatively. First, there's Miss St. Clair. You were quite positive, she did the deed, and you told the major you will all ready to arrest her. My demonstration of the murderer's height could be thrown out on the grounds that it was intelligent and conclusive, and therefore had no place in a court of law. I'm sure the judge would concur. Second, I give you Captain Leacock. I actually had to use physical force to keep you from

Starting point is 09:04:52 jailing the chap. You had a beautiful case against him, to say nothing of his delightful confession. And if you met with any difficulties, he'd help you out. He'd adore having you convict him. Thirdly, I submit Leander the lovely. You had a better case against him than against almost any one of the others, a perfect wealth of circumstantial evidence. An ambachadrish, in fact, and any jury would delight in convicting him, I would myself, if only, for the way he dresses. Fourthly, I point with pride to Mrs. Platz. Another perfect circumstantial case, fairly bulging with clues and inferences and legal what-nots.

Starting point is 09:05:47 Fifthly, I present the Colonel. I have just rehearsed your case against him, and I could elaborate it touchingly, given a little more time. He paused and gave Markham a smile of cynical affability. observe, please, that each member of this quintet meets all the demands of presumptive guilt. Each one fulfills the legal requirements as to time, place, opportunity, means motive and conduct. The only drawback, you see, is that all five are quite innocent. a most discompose, in fact, but there you are.

Starting point is 09:06:35 Now, if all the people against whom there's the slightest suspicion are innocent, what's to be done? Annoyant, isn't it? He picked up the alibi reports. There's positively nothing to be done but to go on checking up these alibis. I could not imagine what goal he was trying to reach, by these apparently irrelevant digressions, and Markham, too, was mystified, but neither of us doubted for a moment that there was method in his madness.

Starting point is 09:07:12 Let's see, he mused. The Majors is the next in order. Oh, what do you say to tackling it? It shouldn't take long. He lives near here, and the entire alibi hinges on the evidence of the night boy at his apartment house. Come, he got up. How do you know the boys there now?

Starting point is 09:07:37 objected Markham. I phoned a while ago and found out. But this is damp nonsense. Vance now had Markham by the arm, playfully urging him toward the door. Oh, undoubtedly, he agreed, but I've often told you, old dear, you take life much too,

Starting point is 09:07:59 seriously. Markham, protesting vigorously, held back and endeavored to disengage his arm from the other's grip. But Vance was determined, and after a somewhat heated dispute, Markham gave in. I'm about through with this hocus pocus, he growled as we got into a taxi cab. I'm through already, said Vance. End of Chapter 22 Chapter 23 of the Benson murder case by SS Van Dyne This Librevox recording is in the public domain

Starting point is 09:08:47 Checking an alibi Thursday, June 20, 10.30 a.m. The Chatham Arms, where Major Benson lived, was a small, exclusive bachelor apartment house in 46th Street, midway between 5th and 6th avenues. The entrance, set in a simple and dignified facade, was flush with the street, and only two steps above the pavement. The front door opened into a narrow hallway, with a small reception room, like a kurdesak, on the left. At the rear could be seen the elevator, and beside it, tucked under a

Starting point is 09:09:34 a narrow flight of iron stairs, which led round the elevator shaft, was a telephone switchboard. When we arrived, two youths in uniform were on duty, one lounging in the door of the elevator, the other seated at the switchboard. Vance halted Markham near the entrance. One of these boys, I was informed over the telephone, was on duty the night of the the 13th. Find out which one it was, and scare him into submission by your exalted title of district attorney, then turn him over to me. Reluctantly, Markham walked down the hallway. After a brief interrogation of the boys, he led one of them into the reception room, and peremptorily explained what he wanted.

Starting point is 09:10:30 Footnote 19 The boy was Jack Prisco of 621 Kelly Street Vance began his questioning with the confident air of one who has no doubt whatever as to another's exact knowledge What time did Major Benson get home The night his brother was shot? The boy's eyes opened wide

Starting point is 09:10:58 He came in about 11 right after showtime, he answered, with only a momentary hesitation. I have set down the rest of the questions and answers in dramatic dialogue form for purposes of space economy. Vance. He spoke to you, I suppose. Boy, yes, sir, he told me he'd been to the theater and said what a rotten show it was, and that he had an awful eddick. Vance. How do you happen to remember so well what he said a week ago? Boy, why, his brother was murdered that night. Vance. And the murder caused so much excitement that you naturally recalled everything that happened

Starting point is 09:11:48 at the time in connection with Major Benson. Boy, sure, he was the murdered guy's brother. Vance When he came in that night, did he say anything about the day of the month? Boy, nothing, except that he guessed his bad luck in picking a bum show, was on account of it being the 13th. Vance. Did he say anything else?

Starting point is 09:12:18 Boy, grinning. He said he'd make the 13th my lucky day, and he gave me all the silver he had in his pocket. "'Nickles and dimes and quarters and one fifty-cent piece.' "'Vance. How much altogether?' "'Boy. Three dollars and forty-five cents.' "'Vance.' "'And then he went to his room?'

Starting point is 09:12:43 "'Boy.' "'Yes, sir. I took him up. He lives on the third floor.' "'Vance.' "'Did he go out again later?' "'Boy.' "'No, sir.' "'Vance.' "'How did he?

Starting point is 09:12:57 you know? Boy. I'd have seen him. I was either answering the switchboard or running the elevator all night. He couldn't have got out without my seeing him. Vance. Were you alone on duty? Boy. After ten o'clock, there's never but one boy on. Vance. And there's no other way. A person could leave the house except by the front door. Boy. No, sir. Vance. When did you next see, Major Benson? Boy, after thinking a moment. He rang for some cracked ice, and I took it up.

Starting point is 09:13:39 Vance. What time? Boy. Why, I don't know exactly. Yes, I do. It was half past twelve. Vance, smiling faintly, he asked you the time, perhaps.

Starting point is 09:13:56 Boy, yes, sir, he did. He asked me to look at his clock in his parlor. Vance, how did he happen to do that? Boy. Well, I took up the ice and he was in bed, and he asked me to put it in his picture in the parlor. When I was doing it, he called to me to look at the clock on the mantel and tell him what time it was. He said his watch stopped, and he wanted to set it. Vance. What did he say then? Boy.

Starting point is 09:14:31 Nothing much. He told me not to ring his bell, no matter who called up. He said he wanted to sleep and didn't want to be woke up. Vance. Was he emphatic about it? Boy. Well, he meant it all right. Vance.

Starting point is 09:14:49 Did he say anything else? Boy. No. You just said good night and turned out the light. and I came on downstairs. Vance. What light did he turn out? Boy, the one in his bedroom.

Starting point is 09:15:05 Vance. Could you see into his bedroom from the parlor? Boy. No, the bedroom's off the hall. Vance. How could you tell the light was turned off then? Boy, the bedroom door was open and the light was shining into the hall. Vance.

Starting point is 09:15:26 Did you pass the bedroom door when you went out? Boy. Sure, you have to. Vance. And was the door still open? Boy. Yes. Vance.

Starting point is 09:15:41 Is that the only door to the bedroom? Boy. Yes. Vance. Where was Major Benson when you entered the apartment? Boy. In bed? Vance.

Starting point is 09:15:56 How do you know? Boy, mildly indignant. I saw him. Vance, after a pause. You're quite sure he didn't come downstairs again? Boy, I told you I'd have seen him if he had. Vance. Couldn't he have walked down at some time when you had the elevator upstairs without you're seeing him?

Starting point is 09:16:23 boy sure he could but i didn't take the elevator up after i took the major his cracked ice until round two-thirty when mr montague came in you took no one up in the elevator then between the time you brought major benson the ice and when mr montague came in at two-thirty boy nobody vance and you didn't leave the hall here between those hours? Boy. No, I was sitting here all the time. Vance. Then the last time you saw him was in bed at 12.30? Boy.

Starting point is 09:17:09 Yes, until early in the morning when some dame. Footnote 20. Obviously, Mrs. Platt's. Some day phoned him and said his brother had been murdered. He came down and went out about ten minutes after. Vance, giving the boy a dollar. That's all. But don't you open your mouth to anyone about our being here,

Starting point is 09:17:38 or you may find yourself in the lock-up, understand? Now get back to your job. When the boy had left us, Vance turned a pleading gaze upon Markham. Now, old man, for the protection of society and the higher demands of justice, and the greatest good for the greatest number, and pro bono publico, and all that sort of thing, you must once more adopt a course of conduct contrary to your innate promptings, or whatever the phrase is, that you used vulgarly put, I want to snoop through the major's apartment at once. "'What for?' Markham's tone was one of exclamatory protest.

Starting point is 09:18:25 "'Have you completely lost your senses? "'There's no getting round the boy's testimony. "'I may be weak-minded, "'but I know when a witness like that is telling the truth.' "'Certainly he's telling the truth,' agreed Vance, serenely. "'That's just why I want to go up. "'Come, my, Markham, there's no danger of the major returning on cirque, at this hour, and, he smiled gajolingly,

Starting point is 09:18:55 you promised me every assistance, don't you know? Markham was vehement in his remonstrances, but Vance was equally vehement in his insistence, and in a few minutes later we were trespassing, by means of a pass-key, in Major Benson's apartment. The only entrance was a door leading from the public hall into a narrow passageway, which extended straight ahead into the living room at the rear. On the right of this passageway, near the entrance, was a door opening into the

Starting point is 09:19:32 bedroom. Vance walked directly back into the living room. On the right-hand wall was a fireplace and a mantle on which sat an old-fashioned mahogany clock. Near the mantle, in the far corner, stood a small table containing a silver ice-water service, consisting of a pitcher and six goblets. There is our very convenient clock, said Vance, and there is the pitcher in which the boy put the ice. Imitation Sheffield plate. Going to the window, he glanced down into the paved rear court, 25 or 30 feet below. The Major certainly couldn't have escaped through the window, he remarked. He turned and stood a moment, looking into the passageway.

Starting point is 09:20:27 The boy could easily have seen the light go out in the bedroom, if the door was opened. The reflection on the glazed white wall of the passage would have been quite brilliant. Then, retracing his steps, he entered the bedroom. It contained a small canopyed bed facing the door, and beside it stood a night table on which was an electric lamp. Sitting down on the edge of the bed, he looked about him, and turned the lamp on and off by the socket chain. Presently he fixed his eyes on Markham. You see how the Major got out, without the boys knowing it, a what? by levitation, I suppose, submitted Markham.

Starting point is 09:21:18 It amounted to that, at any rate, replied Vance. Deuced in genius, too. Listen, Markham. At half-past twelve, the Major rang for cracked ice. The boy brought it, and when he entered, he looked in through the door, which was open, and saw the Major in bed. The Major told him to put the ice in the ice in.

Starting point is 09:21:43 the pitcher in the living room. The boy walked on down the passage and across the living room to the table in the corner. The major then called to him to learn the time by the clock on the mantle. The boy looked. It was half-past twelve. The major replied that he was not to be disturbed again, said good night, turned off this light on his night table, jumped out of bed. He was dressed, of course, and stepped quickly out into the public hall before the boy had time to empty the ice and return to the passage. The Major ran down the stairs and was in the street before the elevator descended. The boy, when he passed the bedroom door on his way out, could not have seen whether the Major was still in bed or not, even if he had looked in,

Starting point is 09:22:39 for the room was in darkness. Clever what? The thing would have been possible, of course, conceded Markham, but your specious imaginings fail to account for his return. That was the simplest part of the scheme. He'd probably waited in a doorway

Starting point is 09:23:02 across the street for some other tenant to go in. The boy said a Mr. Montague returned, about 2.30. Then the Major slipped in when he knew the elevator had ascended and walked up the stairs. Markham, smiling patiently, said nothing. You perceive, continued Vance, the pains taken by the Major to establish the date and the hour and to impress them on the boy's mind. Poor show, headache, unlucky day, Why unlucky? The 13th, to be sure. But lucky for the boy. A handful of money, all silver. Singular way of tipping, what? But a dollar bill might have been forgotten.

Starting point is 09:23:58 A shadow clouded Markham's face, but his voice was as indulgently impersonal as ever. I prefer your case against Mrs. Platt's. "'Ah, but I've not finished,' Vance stood up. "'I have hopes of finding the weapon, don't you know?' Markham now studied him with amused incredulity. "'That, of course, would be a contributory factor. "'You really expect to find it.' "'Without the slightest difficulty,' Vance pleasantly assured him.

Starting point is 09:24:37 "'He went to the chiffonier and began opening the drawers. Our absent host didn't leave the pistol at Alvin's house, and he was far too canny to throw it away. Being a major in the late war, he'd be expected to have such a weapon. In fact, several persons may actually have known that he possessed one, and if he is innocent, as he fully expects us to assume, why shouldn't it be in its usual place? Its absence, to see, would be more incriminate than its presence. Also, there's a more interesting psychological factor involved. An innocent person who was afraid of being thought guilty would have hidden it,

Starting point is 09:25:26 or thrown it away, like Captain Leacock, for example. But a guilty man, wishing to create an appearance of innocence, would have put it back exactly where it was before. the shooting. He was still searching through the chiffonier. Our only problem, then, is to discover the customary abiding place of the Major's gun. It's not here in the chiffonier, he added, closing the last drawer. He opened a kit bag standing at the foot of the bed and rifled its contents. Nor here, he murmured indifferently,

Starting point is 09:26:08 the clothes closet is the only other likely place. Going across the room, he opened the closet door. Unhurriedly, he switched on the light. There, on the upper shelf, in plain view, lay an army belt with a bulging holster. Vance lifted it with extreme delicacy and placed it on the bed near the window. There you are, old chap. announced, bending over it closely. Please take particular note that the entire belt and holster, with only the exception of the

Starting point is 09:26:50 holster's flap, is thickly coated with dust. And the flap is comparatively clean, showing it has been opened recently. Not conclusive, of course, but you're so partial to clues, Markham. He carefully removed the pistol from the holster. Note also that the gun itself is innocent of dust. It has been recently cleaned, I surmise. His next act was to insert a corner of his handkerchief into the barrel, then withdrawing it, he held it up.

Starting point is 09:27:31 You see, eh what? even the inside of the barrel is immaculate, and I'll wager all my Cézon against an LLB degree that there isn't a cartridge missing. He extracted the magazine and poured the cartridges onto the night table, where they lay in a neat row before us. There were seven, the full number for that style of gun. Again, Markham, I present you. you with one of your revered clues. Cartridges that remain in a magazine for a long time become slightly tarnished, for the catch-plate is not air-tight. But a fresh box of cartridges

Starting point is 09:28:20 is well sealed, and its contents retain their luster much longer. He pointed to the first cartridge that had rolled out of the magazine. Observe that this one cartridge, the last to be inserted into the magazine, is a bit brighter than its fellows. The inference is, you're an adept at inferences, you know, that it is a newer cartridge and was placed in the magazine rather recently. He looked straight into Markham's eyes. It was placed there to take the place of the one which Captain Haydor, is keeping. Markham lifted his head jerkily,

Starting point is 09:29:10 as if shaking himself out of an encroaching spell of hypnosis. He smiled, but with an effort. I still think your case against Mrs. Platt's is your masterpiece. My picture of the major is merely blocked in, answered Vance. The reveal in touches are to come, But first, a brief catechism. How did the Major know that Brother Alvin would be home at 1230 on the night of the 13th? He heard Alvin invite Miss St. Clair to dinner, remember Miss Hoffman's story of his eavesdropping?

Starting point is 09:29:53 And he also heard her say she'd unfailingly leave at midnight. When I said yesterday, after we had left Miss St. Clair, that something she told us would help convict the guilty person, I referred to her statement that midnight was her invariable hour of departure. The Major therefore knew Alvin would be home about half-past twelve, and he was pretty sure that no one else would be there. In any event, he could have waited for him, what? Could he have secured an immediate audience with his brother on des Abbey?

Starting point is 09:30:35 Yes. He tapped on the window. His voice was recognized beyond any shadow of doubt, and he was admitted in stanter. Alvin had no sartorial modestys in front of his brother, and would have thought nothing of receiving him without his teeth and toupee. Is the major the right height? he is. I purposely stood beside him in your office the other day, and he is almost exactly five feet ten and a half. Markham sat, staring silently, at the disemboweled pistol. Vance had been speaking

Starting point is 09:31:17 in a voice quite different from that he had used when constructing his hypothetical cases against the others, and Markham had sensed the change. We now come to the jewels, Vance was saying, I once expressed the belief, you remember, that when we found the security for Fife's note, we would put our hands on the murderer. I thought then the major had the jewels, and after Miss Hoffman told us of his requesting her

Starting point is 09:31:51 not to mention the package, I was sure of it. Alvin took them home on the afternoon of the 13th, and the Major undoubtedly knew it. This fact, I imagine, influenced his decision to end Alvin's life that night. He wanted those bubbles, Markham. He rose jauntily and stepped to the door. and now it remains only to find them. The murderer took them away with him. They couldn't have left the house any other way.

Starting point is 09:32:30 Therefore, they're in this apartment. If the major had taken them to the office, someone might have seen them. And if he had placed them in a safe deposit box, the clerk at the bank might have remembered the episode. Moreover, the same psychology that applies to the gun applies to the jewels. The Major has acted throughout on the assumption of his innocence, and as a matter of fact, the trinkets were safer here than elsewhere.

Starting point is 09:33:05 There'd be time enough to dispose of them when the affair blew over. Come with me a moment, Markham. It's painful, I know, and your heart's two weeks. for an anesthetic. Markham followed him down the passageway in a kind of days. I felt a great sympathy for the man, for now there was no question that he knew Vance was serious in his demonstration of the major's guilt. Indeed, I have always felt that Markham suspected the true purpose of Vance's request to investigate the major's alibi, and that his opposition was due as as much to his fear of the results,

Starting point is 09:33:49 as to his impatience with the others irritating methods. Not that he would have balked, ultimately, at the truth, despite his long friendship for Major Benson, but he was struggling, as I see it now, with the inevitability of circumstances, hoping against hope that he had read Vance incorrectly, and that, by vigorously contested, each step of the way, he might alter the very shape of destiny itself.

Starting point is 09:34:24 Vance led the way to the living room and stood for five minutes inspecting various pieces of furniture, while Markham remained in the doorway, watching him through narrowed lids, his hands crowded deep into his pockets. We could, of course, have an expert searcher rake the apartment over inch by inch, observed Vance. But I don't think it necessary. The major's a bold, cunning soul, witness his wide square forehead,

Starting point is 09:34:59 the dominating stare of his globular eyes, the perpendicular spine, and the indrawn abdomen. He's forthright in all his mental operations. Like Pose, Mr. D, he would recognize the futility of painstakingly secreting the jewels in some obscure corner. And anyway, he had no object in secreting them. He merely wished to hide him where there'd be no chance of their being seen. This naturally suggests a lock and key.

Starting point is 09:35:36 What? There was no such cash in the bedroom, which is why I came here. He walked to a squat rosewood desk in the corner and tried all its drawers, but they were unlocked. He next tested the table drawer, but that too was unlocked. A small Spanish cabinet by the window proved equally disappointing. Markham, I simply must find a locked drawer, he said. He inspected the room again and was about to return to the bedroom when his eye fell on a Circassian walnut humidor, half hidden by a pile of magazines, on the undershelf of the center table. He stopped abruptly, and going quickly to the box, endeavor to lift the top. It was locked.

Starting point is 09:36:34 Let's see, he mused. what does the major smoke? Romeo and Juliette are perfectionados, I believe, but they're not sufficiently valuable to keep under lock and key. He picked up a strong bronze paper knife lying on the table and forced its point into the crevice of the humidor just above the lock. You can't do that, cried Markham, and there was as much pain as reprimand in his voice.

Starting point is 09:37:09 Before he could reach Vance, however, there was a sharp click and the lid flew open. Inside was a blue velvet jewel case. Ah, dumb jewels more quick than words, said Vance, stepping back. Markham stood, staring into the humidor with an expression of tragic distress. Then slowly he turned and sank heavily into a chair. Good God, he murmured.

Starting point is 09:37:42 I don't know what to believe. In that respect, returned Vance, you're in the same disheartened predicament as all the philosophers. But you were ready enough, don't you know, to believe in the guilt of a half-dozen innocent people. Why should you gag at the major, who actually is guilty. His tone was contemptuous,

Starting point is 09:38:08 but a curious, inscrutable look in his eyes belied his voice, and I remembered that, although these two men were welded in an indissoluble friendship, I had never heard a word of sentiment or even sympathy passed between them. Markham had leaned forward

Starting point is 09:38:30 in an attitude of hopelessness, elbows on knees, his head in his hands. But the motive, he urged, a man doesn't shoot his brother for a handful of jewels. Certainly not, agreed Vance. The jewels were a mere addendum. There was a vital motive, rest assured, and I fancy when you get your report from the expert accountant,

Starting point is 09:38:59 all, or at least a goodly part, will be revealed. So that was why you wanted his books, examined. Markham stood up resolutely. Come, I'm going to see this thing through. Vance did not move at once. He was intently studying a small antique candlestick of oriental design on the mantle. I say, he muttered. That's a devilish fine copy.

Starting point is 09:39:37 End of Chapter 23. Chapter 24 of the Benson Murder Case by S.S. Van Dyne. This Libervox recording is in the public domain. The arrest. Thursday, June 20, noon. On leaving the apartment, Markham took with him the pistol and the case of jewels. In the drugstore at the corner of 6th Avenue, he telephoned Heath to meet him immediately at the office, and to bring Captain Hague-Dorn. He also telephoned Stitt, the public accountant, to report as soon as possible.

Starting point is 09:40:25 You observe, I trust, said Vance, when we were in the taxi cab, headed for the criminal courts building, the great advantage of my methods over yours. When one knows at the outset who committed a crime, one isn't misled by appearances. Without that foreknowledge, one is apt to be deceived by a clever alibi, for example. I asked you to secure the alibis because, knowing the major was guilty,

Starting point is 09:40:59 I thought he'd have prepared a good one. but why ask for all of them, and why waste my time trying to disprove Colonel Ostranders? What chance would I have had of securing the Major's alibi, if I had not injected his name surreptitiously, as it were, into a list of other names. And had I asked you to check the Major's alibi first, you'd have refused. I chose the Colonel's alibi to start with, because it seemed to offer a loophole, and I was lucky in the choice. I knew that if I could puncture one of the other alibis, you would be more inclined to help me test the majors. But if, as you say, you knew from the first that the major was guilty, why in God's name didn't you tell me, and save me this week of anxiety?

Starting point is 09:42:02 Don't be ingenuous, old man, returned Vance. If I had accused the major at the beginning, you'd have had me arrested for Scandalum Magnatum and criminal libel. It was only by deceiving you every minute about the major's guilt, and drawing a whole school of red herrings across the trail. that I was able to get you to accept the fact even today. And yet not once did I actually lie to you, I was constantly throwing out suggestions and pointing to significant facts

Starting point is 09:42:40 in the hope that you'd see the light for yourself. But you ignored all my intimations, or else misinterpreted them, with the most irritating perversity. Markham was silent, a moment. I see what you mean, but why did you keep setting up these straw men and then knocking them over? You were bound, body and soul, to circumstantial evidence, Vance pointed out. It was only by letting you see that it led you nowhere that I was able to force the major on you. There was no evidence against him.

Starting point is 09:43:22 he naturally saw to that. No one ever regarded him as a possibility. Fratricide has been held as inconceivable, a lusus naturae, since the days of Cain. Even with all my finessing, you fought every inch of the way, objecting to this and that, and doing everything imaginable to thwart my humble efforts. Admit, like a good fellow, that, Had it not been for my assiduousness, the Major would never have been suspected. Markham nodded slowly. And yet, there are some things I don't understand, even now. Why, for instance, should he have objected so strenuously to my arresting the captain?

Starting point is 09:44:14 Vance wagged his head. How dused obvious you are! Never attempt a crime, my, Markham, you'd be instant. apprehended. I say, can't you see how much more impregnable the Major's position would be if he showed no interest in your arrests, if, indeed, he appeared actually to protest against your incarceration of a victim? Could he, by any other means, have eliminated so completely all possible suspicion against himself? Moreover, he knew very well that nothing he could say would swerve you from your course.

Starting point is 09:44:57 You're so noble, don't you know? But he did give me the impression once or twice that he thought Miss St. Clair was guilty. Ah, there you have a shrewd intelligence taking advantage of an opportunity. The major unquestionably planned the crime so as to cast suspicion on the captain. Lee Cock had publicly threatened his brother in connection with Miss St. Clair,

Starting point is 09:45:27 and the lady was about to dine alone with Alvin. When in the morning Alvin was found shot with an army colt, who but the captain would be suspected. The Major knew the captain lived alone, and that he would have difficulty in establishing an alibi. Do you now see how cunning he was, in recommending Fife as a source of information? He knew that if you interviewed Fife,

Starting point is 09:45:58 you'd hear of the threat. And don't ignore the fact that his suggestion of Fife was an apparent afterthought. He wanted to make it appear casual, don't you know? Astute devil what? Markham, sunk in gloom, was listening closely. Now, for the opportunity, of which he took advantage, continued Vance,

Starting point is 09:46:24 when you upset his calculations by telling him you knew whom Alvin died with, and that you had almost enough evidence to ask for an indictment, the idea appealed to him. He knew no Charmin Lady could ever be convicted of murder in this most chivalrous city, no matter what the evidence, and he had enough of the sporting instinct in him, to prefer that no one should actually be punished for the crime. Consequently, he was willing to switch you back to the lady,

Starting point is 09:47:01 and he played his hand cleverly, making it appear that he was most reluctant to involve her. Was that why, when you wanted me to examine his books, and to ask him to the office to discuss the confession, you told me to intimate that I had missed him, St. Clair in mind? Exactly. And the person the Major was shielding

Starting point is 09:47:28 was himself, but he wanted you to think it was Miss St. Clair. If you were certain he was guilty, why did you bring Colonel Ostrander into the case? In the hope that he could supply us with faggots for the Major's funeral pyre. I knew he was acquainted

Starting point is 09:47:50 intimately with Alvin Benson and his entire Camarilla, and I knew, too, that he was an egregious quidnunk who might have got wind of some enmity between the Benson boys, and have suspected the truth. And I also wanted to get a line on Fife, by way of eliminating every remote counter-possibility. But we already had a line on Fife. Oh, I don't mean material clues. I wanted to learn about Fife's nature, his psychology, you know, particularly his personality as a gambler. You see, it was the crime of a calculating, cold-blooded gambler, and no one but a man of that particular type could possibly have committed it. Markham apparently was not interested just now in Vance's theories.

Starting point is 09:48:50 "'Did you believe the Major?' he asked, "'when he said his brother had lied to him "'about the presence of the jewels in the safe. "'The wily Alvin probably never mentioned them to Anthony,' "'rejoined Vance. "'An ear at the door during one of Fife's visits "'was, I fancy, his source of information. "'And, speaking of the Major's eaves-dropping,

Starting point is 09:49:17 "'it was that which suggested to me a possible motive for the crime. Your manstit, I hope, will clarify that point. According to your theory, the crime was rather hastily conceived, Markham's statement was in reality a question. The details of its execution were hastily conceived, corrected that. The major undoubtedly had been contemplating for some time eliminating his brother, just how or when he was to do it he hadn't decided.

Starting point is 09:49:54 He may have thought out and rejected a dozen plans. Then on the 13th came the opportunity. All the conditions adjusted themselves to his purpose. He heard Miss St. Clair's promise to go to dinner, and he therefore knew that Alvin would probably be home alone at 1230, and that, if he were done away with at that hour, suspicion would fall on Captain Leacock. He saw Alvin take home the jewels, another providential circumstance. The propitious moment for which he had been waiting, Gissie, was at hand.

Starting point is 09:50:34 All that remained was to establish an alibi and work out a modus operandi. How he did this I've already elucidated. Markham sat thinking for several minutes. At last he lifted his head. "'You've about convinced me of his guilt,' he admitted. "'But damn it, man, I've got to prove it. There's not much actual legal evidence.' Vance gave a slight shrug. "'I'm not interested in your stupid courts and your silly rules of evidence, but since I've convinced you, you can't charge me with not having met your challenge, don't you know?

Starting point is 09:51:19 I suppose not, Markham assented, gloomily. Slowly, the muscles about his mouth tightened. You've done your share, Vance, I'll carry on. Heath and Captain Hake-Dorn were waiting when we arrived at the office, and Markham greeted them in his customary reserved, matter-of-fact way. by now he had himself well in hand and he went about the task before him with the sombre forcefulness that characterized him in the discharge of all his duties i think we at last have the right man sergeant he said sit down and i'll go over the matter with you in a moment there are one or two things i want to attend to first he handed major benson's pistol to the firearms expert Look that gun over, Captain, and tell me if there's any way of identifying it as the weapon that killed Benson.

Starting point is 09:52:22 Hague-Dorn moved ponderously to the window. Laying the pistol on the sill, he took several tools from the pockets of his voluminous coat, and placed them beside the weapon. Then, adjusting a jeweller's magnifying glass to his eye, he began what seemed an interminable series of tinkerings. He opened the plates of the stock, and, drawing back the sear, took out the firing-pin. He removed the slide, unscrewed the link, and extracted the recoil spring. I thought he was going to take the weapon entirely apart, but apparently he merely wanted to let light into the barrel,

Starting point is 09:53:05 for presently he held the gun to the window and placed his eye at the muzzle. He peered into the barrel for nearly five minutes, moving it slightly back and forth to catch the reflection of the sun on different points of the interior. At last, without a word, he slowly and painstakingly went through the operation of red integrating the weapon, then he lumbered back to his chair and sat blinking heavily for several moments. "'I'll tell you,' he said, thrusting his head forward and gazing at Markham over the tops of his steel-rimmed spectacles. "'This now may be the right gun. "'I wouldn't say so for sure, but when I saw the bullet the other morning, "'I noticed some peculiar rifling marks on it,

Starting point is 09:54:01 "'and the rifling in this gun here looks to me as though it would match up with the marks on the bullet. I'm not certain. I'd like to look at this barrel through my helixometer. Footnote 21. A helixometer, I learned later, is an instrument that makes it possible to examine every portion of the inside of a gun's barrel through a microscope. But you believe it's the gun, insisted Markham. I couldn't say, but I think so. I think so. I I might be wrong. Very good, Captain. Take it along, and call me the minute you've inspected it thoroughly. It's the gun all right, asserted Heath, when Higgorn had gone.

Starting point is 09:54:51 I know that, bird. He wouldn't have said as much as he did, if he hadn't been sure. Whose gun is it, sir? I'll answer you presently. Markham was still battling against the truth, withholding even from himself his pronouncement of the major's guilt until every loophole of doubt should be closed. I want to hear from Stitt before I say anything. I sent him to look over Benson and Benson's books. He'll be here any moment.

Starting point is 09:55:24 After a wait of a quarter of an hour, during which Markham attempted to busy himself with other matters, Stitt came in. He said a somber good morning to the district attorney and Heath, then, catching sight of Vance, smiled appreciatively. That was a good tip you gave me. You had the dope. If you'd kept Major Benson away longer, I could have done more. While he was there, he was watching me every minute. I did the best I could, sighed Vance. He turned to Mark. You know, I was wondering, all through lunch yesterday, how I could remove the major from his office during Mr. Stitt's investigation. And when we learned of Lecoq's confession, it gave me just the excuse I needed.

Starting point is 09:56:18 I really didn't want the major here. I simply wished to give Mr. Stitt a free hand. What did you find out, Markham asked the accountant. Plenty, was the laconic reply. He took a sheet of paper from his pocket and placed it on the desk. There's a brief report. I followed Mr. Vance's suggestion and took a look at the stock record and the cashier's collateral blotter and traced the transfer receipts. I ignored the journal entries against a ledger and concentrated on the activities of the firm

Starting point is 09:56:56 heads. Major Benson, I found, has been consistently hypothesating securities transferred to him as collateral for marginal trading, and has been speculating steadily in mercantile curb stocks. He has lost heavily, how much, I can't say. And Alvin Benson, asked Vance. He was up to the same tricks, but he played in luck. He made a wad on a cold. on a Columbus Motor's pool a few weeks back,

Starting point is 09:57:29 and he has been salting the money away in his safe, or at least that's what the secretary told me. And if Major Benson had possession of the key to that safe, suggested Vance, then it's lucky for him his brother was shot. Lucky, retorted Stitt, it'll save him from state prison. When the accountant had gone, Markham sat, like a man of stone. His eyes fixed on the wall opposite. Another straw at which he had grasped in his instinctive denial of the major's guilt had been snatched from him. The telephone rang.

Starting point is 09:58:12 Slowly he took up the receiver, and as he listened I saw a look of complete resignation come into his eyes. He leaned back in his chair like a man exhausted. It was Hague-Dorn, he said. That was the right gun. Then he drew himself up and turned to Heath. The owner of that gun, Sergeant was Major Benson. The detective whistled softly, and his eyes opened slightly, with astonishment, but gradually his face assumed its habitual stolidity of expression.

Starting point is 09:58:51 Well, it don't surprise me any, he said. Markham rang for Swacker. Get Major Benson on the wire and tell him, tell him I'm about to make an arrest and would appreciate his coming here immediately. His deputizing of the telephone call to Swacker was understood by all of us, I think. Markham then summarized for Heath's benefit,

Starting point is 09:59:21 the case against the major. When he had finished, he rose and rearranged the chairs at the table in front of his desk. When Major Benson comes, Sergeant, he said, I'm going to seat him here, he indicated a chair directly facing his own. I want you to sit at his right, and you'd better get Phelps, or one of the other men, if he isn't in, to sit at his left. But you're not to make any move until I give the signal. Then you can arrest him. When Heath had returned with Phelps, and they had taken their seats at the table, Vance said,

Starting point is 10:00:07 I'd advise you, Sergeant, to be on your guard. The minute the Major knows he's in for it, "'He'll go bald-headed for you.' "'Heath smiled with heavy contempt. "'This isn't the first time I've arrested, Mr. Vance, "'with many thanks for your advice. "'And what's more, Le Major isn't that kind. "'He's too nervy.'

Starting point is 10:00:32 "'Have it your own way,' replied Vance, indifferently. "'But I've warned you, "'the Major is cool-headed. "'He'd take big chances, "'and he could lose his last dollar, without turning a hair. But when he is finally cornered and sees ultimate defeat, all his repressions of a lifetime, having had no safety valve, will explode physically. When a man lives without passions or emotions or enthusiasms, there is bound to be an outlet

Starting point is 10:01:06 sometime. Some men explode, and some commit suicide. The principle is the same. It's a matter of psychological reaction. The major isn't the self-destructive type. That's why I say he'll blow up. Heath snorted. We may be short on psychology down here, he rejoined, but we know human nature pretty well. Vance stifled a yawn and carelessly lit a cigarette. I noticed, however, that he pushed his chair back a little from the end of the table where he and I were sitting. Well, Chief, rasped Phelps, I guess your troubles are about over, though I sure did think that Leacock fellow was your man who got the dope on this Major Benson. Sergeant Heath and the Homicide Bureau will receive entire credit for the work, said Markham,

Starting point is 10:02:05 and added, I'm sorry, Phelps, but the district attorney's office, and everyone connected with it will be kept out of it altogether. Oh, well, it's all in a lifetime, observed Phelps philosophically. We sat in strained silence until the major arrived. Markham smoked abstractedly. He glanced several times over the sheet of notations left by Stitt, and once he went to the water-cooler for a drink. Vance opened at random a law-book before him,

Starting point is 10:02:40 and perused with an amused smile a bribery case decision by a Western judge. Heath and Phelps habituated to waiting, scarcely moved. When Major Benson entered, Markham greeted him with exaggerated casualness, and busied himself with some papers in a drawer to avoid shaking hands. Heath, however, was almost jovial. He drew out the Major's chair for him and uttered a ponderous banality about the weather. Vance closed the law-book and sat erect,

Starting point is 10:03:20 with his feet drawn back. Major Benson was cordially dignified. He gave Markham a swift glance, but if he suspected anything, he showed no outward sign of it. Major, I want to ask you a few questions, if you care to, Markham's voice, the low had in it a resonant quality.

Starting point is 10:03:46 Anything at all, returned the other easily. You own an army pistol, do you not? Yes, a colt automatic, he replied, with a questioning lift of the eyebrows. When did you last clean and refill it? Not a muscle of the Major's face moved. I don't exactly. remember, he said,

Starting point is 10:04:10 I've cleaned it several times, but it hasn't been refilled since I returned from overseas. Have you lent it to anyone recently? Not that I recall. Markham took up Stitt's report and looked at it a moment. How did you hope to satisfy your clients, if suddenly called upon for their marginal securities? The Major's upper lip lifted contemptuously, exposing his teeth.

Starting point is 10:04:42 So that was why, under the guise of friendship, you sent a man to look over my books. I saw a red blotch of color appear on the back of his neck and swell upward to his ears. It happens that I didn't send him there for that purpose, the accusation had cut, Markham, But I did enter your apartment this morning. You're a housebreaker, too, are you? The man's face was now crimson. The veins stood out on his forehead. And I found Mrs. Bannings' jewels. How did they get there, Major? It's none of your damned business how they got there, he said. His voice as cold and even as ever. Why did you tell Miss Hoffman, not.

Starting point is 10:05:35 to mention them to me? That's none of your damned business either. Is it any of my business? asked Markham, quietly, that the bullet, which killed your brother, was fired from your gun? The major looked at him steadily, his mouth a sneer. That's the kind of double-crossing you do.

Starting point is 10:06:00 Invite me here to arrest me, and then ask me questions to incriminate my hands. when I'm unaware of your suspicions. A fine, dirty sport you are. Vance leaned forward. You fool, his voice was very low, but it cut like a whip. Can't you see? He's your friend, and is asking you these questions in a last desperate hope that you are not guilty. The Major swung round on him hotly. Keep out of this, you damn sissy. Oh, quite, murmured Vance. And as for you, he pointed a quivering finger at Markham,

Starting point is 10:06:44 I'll make you sweat for this. Vituporation and profanity poured from the man. His nostrils were expanded, his eyes blazing, his wrath seemed to surpass all human bounds. He was like a person in an apoplectic fit, contorted, repulsive, insensate. Markham sat through it patiently, his head resting on his hands,

Starting point is 10:07:12 his eyes closed. When at length the Major's rage became inarticulate, he looked up and nodded to Heath. It was the signal the detective had been watching for. But before Heath could make a move, the Major sprang to his feet. With the motion of rising, he swung his body swiftly about and brought his fist against Heath's face with terrific impact.

Starting point is 10:07:39 The sergeant went backward in his chair and lay on the floor dazed. Phelps leaped forward, crouching, but the Major's knee shot upward and caught him in the lower abdomen. He sank to the floor where he rolled back and forth groaning. The Major then turned on Markham. His eyes were glaring like a maniacs, and his lips were drawn back. His nostrils dilated, with each stertorous breath. His shoulders were hunched, and his arms hung away from his body, his fingers rigidly flexed.

Starting point is 10:08:18 His attitude was the embodiment of a terrific, uncontrolled malignity. You're next. The words guttural and venomous were like a snarl. As he spoke, he sprang forward. Vance, who had sat quietly during the melee, looking on with half-closed eyes and smoking indolently, now stepped sharply round the end of the table. His arms shot forward.

Starting point is 10:08:49 With one hand he caught the major's right wrist. With the other he grasped the elbow. Then he seemed to fall back with a swift pivotal motion. The major's pinioned arm. was twisted upward behind his shoulder blades. There was a cry of pain, and the man suddenly relaxed in Vance's grip. By this time Heath had recovered. He scrambled quickly to his feet and stepped up.

Starting point is 10:09:16 There was the click of handcuffs, and the major dropped heavily into a chair, where he sat, moving his shoulders back and forth painfully. It's nothing serious, Vance. told him, the capsular ligament is torn a little. It'll be all right in a few days. Heath came forward, and, without a word, held out his hand to Vance. The action was at once an apology and a tribute. I liked Heath for it. When he and his prisoner had gone, and Phelps had been assisted into an easy chair, Markham put his hand on Vance's arm.

Starting point is 10:10:01 Let's get away, he said. I'm done up. End of Chapter 24. Chapter 25 of the Benson murder case by SS Van Dyne. This Librivox recording is in the public domain. Vance explains his methods. Thursday, June 20, 9 p.m. That same evening,

Starting point is 10:10:36 after a Turkish bath and a dinner, Markham, grim and weary, and Vance, bland and debonair, and myself, were sitting together in the alcove of the Stuyves and Club's lounge room. We had smoked in silence for half an hour or more, when Vance, as if giving articulation to his thoughts,

Starting point is 10:11:00 remarked, and its stubborn, unimaginative chaps like Heath, who constitute the human barrage between the criminal and society. Sad, sad. We have no Neapolitans today, Markham observed, and if we had, they'd probably not be detectives. But even should they have yearnings toward the profession, said Vance, they would be rejected on their physical measurements.

Starting point is 10:11:33 As I understand it, your policemen are chosen by their height and weight. They must meet certain requirements as to heft, as though the only crimes they had to cope with were riots and gang feuds. Bulk, the great American ideal, whether in art, architecture, tabledot meals, or detectives. And trance and notion. At any rate, Heath has a generous nature, said Markham, palliatingly. He has completely forgiven you for everything. Vance smiled.

Starting point is 10:12:14 The amount of credit and emulsification he received in the afternoon papers would have mellowed anyone. He should even forgive the major for hitting him. A clever blow that, based on Rotarrow. leverage. Heath's constitution must be tough, or he wouldn't have recovered so quickly. And poor Phelps, he'll have a horror of knees the rest of his life. You certainly guessed the Major's reaction, said Markham. I'm almost ready to grant there's something in your psychological flummery after all. Your aesthetic deductions seemed to put you on the right track.

Starting point is 10:12:59 After a pause, he turned and looked inquisitively at Vance. Tell me exactly why, at the outset, you were convinced of the Major's guilt. Vance settled back in his chair. Consider, for a moment, the characteristics, the outstanding features of the crime. Just before the shot was fired, Benson and the murderer, undoubtedly had been talking or arguing, the one seated, the other standing. Then Benson had pretended to read, he had said all he had to say. His reading was his gesture of finality, for one doesn't read when conversing with another unless for a purpose. The murderer,

Starting point is 10:13:53 seeing the hopelessness of the situation, and having come pre-peasuring, paired to meet it heroically, took out a gun, aimed it at Benson's Temple, and pulled the trigger. After that, he turned out the lights and went away. Such are the facts, indicated, and actual. He took several puffs on his cigarette. Now let's analyze them. As I pointed out to you, the murderer didn't fire at the body, where the, though the chances of hitting would have been much greater,

Starting point is 10:14:32 the chances of death would have been less. He chose the more difficult and hazardous, and at the same time, the more certain and efficient course. His technique, so to speak, was bold, direct, and fearless. Only a man with iron nerves and a highly developed gambler's instinct would have done it in just this forthright and audacious fashion. Therefore, all nervous, hot-headed, impulsive, and timid persons were automatically eliminated as suspects.

Starting point is 10:15:10 The neat business-like aspect of the crime, together with the absence of any material clues that could possibly have incriminated the culprit, indicated unmistakably that it had been premeditated, and planned with coolness and precision by a person of tremendous self-assurance, and one used to taking risks. There was nothing subtle or in the least imaginative about the crime. Every feature of it pointed to an aggressive, blunt mind,

Starting point is 10:15:46 a mind at once static, determined and intrepid, and accustomed to dealing with facts and situations, in a direct, concrete, and unequivocal manner. I say, Markham, surely you're a good enough judge of human nature to read the indications, what? I think I get the drift of your reasoning, the other admitted, a little doubtfully.

Starting point is 10:16:15 Very well, then, Vance continued. Having determined the exact psychological nature of the deed, it only remained to find some interest in person whose mind and temperament were such that, if he undertook a task of this kind in the given circumstances, he would inevitably do it in precisely the manner in which it was done. As it happened, I had known the Major for a long time, and so it was obvious to me the moment I had looked over the situation that first morning, that he had done it.

Starting point is 10:16:56 The crime, in every respect and feature, was a perfect psychological expression of his character and mentality. But, even had I not known him personally, I would have been able, since I possessed so clear and accurate a knowledge of the murderer's personality, to pick him out from any number of suspects.

Starting point is 10:17:20 but suppose another person of the major's type had done it asked markham we all differ in our natures however similar to persons may appear at times vance explained and while in the present case it is barely conceivable that another man of the major's type and temperament might have done it the law of probability must be taken into account. Even supposing there were two men almost identical in personality and instincts in New York, what would be the chance of their both having had a reason to kill Benson. However, despite the remoteness of the possibility, when Fife came into the case, and I learned he was a gambler and a hunter, I took occasion to look into his qualifications. Not knowing him personally, I appealed to Colonel Ostrander for my information, and what he told me put Fife at once all de propos. But he had nerve, he was a rash plunger, and he certainly had enough at stake, objected Markham.

Starting point is 10:18:42 Ah, but between a rash plunger and a bold, level-headed gambler, like the major, there is a great difference, a psychological abyss. In fact, their animating impulses are opposites. The plunger is actuated by fear and hope and desire. The cool-headed gambler is actuated by expediency and belief and judgment. The one is emotional, the other mental. The major, unlike Fife, is a born gambler and infinitely self-confident. This kind of self-confidence, however, is not the same as recklessness,

Starting point is 10:19:29 though superficially the two bear a close resemblance. It is based on an instinctive belief in one's own infallibility and safety. It's the reverse of what the Freudians call the inferiority complex. a form of egot mania, a variety of folie de grandeur. The major possessed it, but it was absent from Fife's composition, and, as the crime indicated its possession by the perpetrator, I knew Fife was innocent. I begin to grasp a thing in a nebulous sort of way,

Starting point is 10:20:10 said Markham after a pause. But there were other indications, psychological, and otherwise went on Vance, the undress attire of the body, the toupee and teeth upstairs, the inferred familiarity of the murderer with the domestic arrangements, the fact that he had been admitted by Benson himself,

Starting point is 10:20:37 and his knowledge that Benson would be at home alone at that time, all pointing to the manger as the guilty person. Another thing, the height of the murderer, corresponded to the major's height. This indication, though, was of minor importance, for had my measurements not tallied with the major, I would have known that the bullet had been deflected, despite the opinions of all the Captain Hague-Dorns in the universe.

Starting point is 10:21:09 Why were you so positive a woman couldn't have done it? To begin with? It wasn't a woman's crime. That is, no woman would have done it in the way it was done. The most mentalized women are emotional when it comes to a fundamental issue, like taking a life, that a woman could have coldly planned such a murder, and then executed it with such business-like efficiency, aiming a single shot at her victim's temple at a distance of five or six feet,

Starting point is 10:21:46 would be contrary, you see, to everything we know of human nature. Again, women don't stand up to argue a point before a seated antagonist. Somehow they seem to feel more secure sitting down. They talk better sitting, whereas men talk better standing. And even had a woman stood before Benson, she could not have taken out a gun and aimed it without his looking at, up. A man's reaching in his pockets there's a natural action, but a woman has no pockets, and no place to hide a gun, except her handbag. And a man is always on guard when an angry

Starting point is 10:22:31 woman opens a handbag in front of him. The very uncertainty of women's natures has made men suspicious of their actions when aroused. But, above all, it was Benson's ball. It was Benson's pate and bedroom slippers that made the woman hypothesis untenable. You remarked that a moment ago, said Markham, that the murderer went there that night, prepared to take heroic measures if necessary, and yet you say he planned the murder. True, the two statements don't conflict, you know. The murder was planned, without doubt, but the major was willing,

Starting point is 10:23:16 to give his victim a last chance to save his life. My theory is this. The major, being in a tight financial hole with state prison looming before him, and knowing that his brother had sufficient funds in the safe to save him, plotted the crime, and went to the house that night, prepared to commit it. First, however, he told his brother of his predicament, and asked for the money, and Alvin probably told him to go to the devil. The Major may even have pleaded a bit in order to avoid killing him,

Starting point is 10:23:58 but when the literary Alvin turned to reading, he saw the futility of appealing further and proceeded with the dire business. Markham smoked a while. Granting all you've said, he remarked at Lange, I still don't see how you could know, as you asserted this morning, that the Major had planned the murder, so as to throw suspicion deliberately on Captain Leacock. Just as a sculptor, who thoroughly understands the principles of form and composition, can accurately supply any missing integral part of a statue, Evans explained. so can the psychologist who understands the human mind supply any missing factor in a given human action. I might add, parenthetically, that all this blather about missing arms of the Aphrodite of Melos and Milo Venus, you know,

Starting point is 10:25:01 is the utterest fiddle faddle. Any competent artist who knew the laws of aesthetic organization could restore the arms exactly as they were originally. such restorations are merely a matter of context the missing factor you see simply has to conform and harmonize with what is already known he made one of his rare gestures of delicate emphasis now the problem of circumventing suspicion in every deliberate crime and since the general conception of this particular crime was positive conclusive and concrete it followed that each one of its component parts would be positive conclusive and concrete therefore for the major merely to have arranged things so that he himself should not be suspected would have been too negative a conception to fit consistently with the other psychological aspects of the deed it would have been too vague too indirect to indefinite the type of literal mind which conceived this crime would logically have provided a specific and tangible object of suspicion consequently when the material evidence began to pile up against the captain and the major waxed vehement in defending him i knew he had been chosen as the dupe at first i admit i suspected the major of having selected the major of having selected

Starting point is 10:26:42 Miss St. Clair as the victim, but when I learned that the presence of her gloves and hand-back at Benson's was only an accident, and remembered that the Major had given us Fife as a source of information about the captain's threat, I realized that her projection into the role of murderer was unpremeditated. A little later, Markham rose, and stretched himself. Well, Vance, he said, Your task is finished. Mine has just begun, and I need sleep. Before a week had passed,

Starting point is 10:27:25 Major Anthony Benson was indicted for the murder of his brother. His trial before Judge Rudolf Hansacker, as you remember, created a nationwide sensation. The Associated Press sent columns daily to its members, and for weeks the front pages of the country's newspapers were emblazoned with spectacular reports of the proceedings. How the District Attorney's Office won the case, after a bitter struggle, how, because of the indirect character of the evidence, the verdict was for murder in the second degree, and how, after a retrial in the Court of Appeals, Anthony Benson finally received a assessment,

Starting point is 10:28:12 of from twenty years to life. All these factors are a matter of official and public record. Markham personally did not appear as public prosecutor. Having been a lifelong friend of the defendants, his position was an unenviable and difficult one, and no word of criticism was directed against his assignment of the case to Chief Assistant District Attorney Solic. Mr. Benson surrounded himself with an array of counsel, such as is rarely seen

Starting point is 10:28:50 in our criminal courts. Both Blashfield and Bauer were among the attorneys for the defense. Blashfield fulfilled the duties of the English solicitor, and Bauer acted as advocate. They fought with every legal device at their disposal,

Starting point is 10:29:09 but the accumulation of evidence against their client overwhelmed them. After Markham had been convinced of the Major's guilt, he had made a thorough examination of the business affairs of the two brothers, and found the situation even worse than had been indicated by Stitt's first report. The firm's securities had been systematically appropriated for private speculations, but whereas Alvin Benson had seen, succeeded in covering himself and making a large profit,

Starting point is 10:29:46 the Major had been almost completely wiped out by his investments. Markham was able to show that the Major's only hope of replacing the diverted securities and saving himself from criminal prosecution lay in Alvin Benson's immediate death. It was also brought out at the trial that the Major, on the very day of the murder, had made emphatic promises which could have been kept only in the event of his gaining access to his brother's safe. Furthermore, these promises had involved specific amounts in the other's possession, and in one instance he had put up, on a 48-hour note,

Starting point is 10:30:33 a security already pledged, a fact which in itself would have exposed his hand, had his brother lived. Miss Hoffman was a helpful and intelligent witness for the prosecution. Her knowledge of conditions at the Benson and Benson offices went far toward strengthening the case against the major. Mrs. Platz also testified to overhearing acrimonious arguments between the brothers.

Starting point is 10:31:05 She stated that, after an unsuccessful attempt to borrow $50,000 from Alvin, the major had threatened him, saying, If I ever have to choose between your skin and mine, it won't be mine that'll suffer. Theodore Montague, the man who, according to the story of the elevator boy at the Chatham Arms, had returned at half-past two on the night of the murder, testified that as his taxi cab turned in front of the apartment house, the headlights flashed on a man standing in a tradesman's entrance across the street, and that the man looked like Major Benson. This evidence would have had little effect, had not Fife come forward after the arrest, and admitted seeing the Major

Starting point is 10:32:00 crossing 6th Avenue at 46th Street, when he had walked to Pietro's for his drink of Hague and Hague. he explained that he had attached no importance to it at the time thinking the major was merely returning home from some broadway restaurant he himself had not been seen by the major This testimony, in connection with Mr. Montague's, annihilated the major's carefully planned alibi. And though the defense contended stubbornly that both witnesses had been mistaken in their identification, the jury was deeply impressed by the evidence, especially when Assistant District Attorney Sullivan,

Starting point is 10:32:47 under Vance's tutoring, painstakingly explained with diagrams, how the major could have gone out and returned that night without being seen by the boy. It was also shown that the jewels could not have been taken from the scene of the crime except by the murderer, and Vance and I were called as witnesses to the finding of them in the Major's apartment. Vance's demonstration of the height of the murderer was shown in court, but curiously it carried little weight, as the issue was concedurettes,

Starting point is 10:33:24 confused by a mass of elaborate scientific objections. Captain Hagedorn's identification of the pistol was the most difficult obstacle with which the defense had to contend. The trial lasted three weeks, and much evidence of a scandalous nature was taken. Colonel Ostrander has never forgiven Markham for not having had him called as a witness. During the last week of the trial, Miss Muriel St. Clair appeared as Primadonna in a large Broadway light opera production, which ran successfully for nearly two years. She has since married her chivalrous Captain Leacock, and they appear perfectly happy. Fife is still married and as elegant as ever. He visits New York regularly, despite,

Starting point is 10:34:22 the absence of his dear old Alvin, and I have occasionally seen him and Mrs. Banning together. Somehow I shall always like that woman. Fife raised the ten thousand pounds, how I have no idea, and reclaimed her jewels. Their ownership, by the way, was not divulged at the trial, for which I was very glad. On the evening of the day the verdict was brought in against the Major, Vance and Markham and I were sitting in the Stuyvesant Club. We had dined together, but no word of the events of the past few weeks had passed between us. Presently, however, I saw an ironic smile creep slowly to Vance's lips.

Starting point is 10:35:17 I say, Markham, he drawled, what a grotesque spectacle the trial was. The real evidence, you know, wasn't even introduced. Benson was convicted entirely on suppositions, presumptions, implications and inferences. God help the innocent Daniel, who inadvertently falls into a den of legal lions. Markham, to my surprise, nodded gravely.

Starting point is 10:35:49 yes he concurred but if solomon had tried to get a conviction on your so-called psychological theories he'd have been judged insane doubtless sighed vance you illuminati of the law would have little to do if you went about your business intelligently theoretically replied markham at length your "'Your theories are clear enough, "'but I'm afraid I've dealt too long "'with material facts to forsake them "'for psychology and art. "'However,' he added lightly, "'if my legal evidence should fail me in the future, "'may I call on you for assistance?'

Starting point is 10:36:40 "'I'm always at your service, old chap, don't you know?' "'Vance rejoined. "'I'm rather fancy, though, that it's when your legal evidence is leading you irresistibly to your victim that you will need me most what and the remark though intended merely as a good-natured sally proved strangely prophetic End of Chapter 25 and End of The Benson Murder Case, A Philo Vance story, by S.S. Van Dyne.

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