He passed a wretched night. The distress that flooded his mind was due less to his own danger than to his anxiety for Rose. His course of action was not at all clear to him in case he should be identified as the man who had been seen going to and coming from the apartment of the murdered man. He could not explain why he was there without implicating Rose and her sister. He would not betray them. That of course. But he had told his cousins why he was going. Would their story not start a hunt for the woman in the case?
Man is an illogical biped. Before Kirby had seen the glove on the table and associated it with the crime, his feeling had been that the gallows was the proper end of so cruel a murderer. Now he not only intended to protect Rose, but his heart was filled with pity for her. He understood her better than he did any other woman, her loyalty and love and swift, upblazing anger. Even if her hand had fired the shot, he told himself, it was not Wild Rose who had done it—not the little friend he had come to know and like so well, but a tortured woman beside herself with grief for the sister to whom she had always been a mother too.
He slept little, and that brokenly. With the dawn he was out on the street to buy a copy of the "News." The story of the murder had the two columns on the right-hand side of the front page and broke over to the third. He hurried back to his room to read it behind a locked door.
The story was of a kind in which newspapers revel. Cunningham was a well-known character, several times a millionaire. His death even by illness would have been worth a column. But the horrible and grewsome way of his taking off, the mystery surrounding it, the absence of any apparent motive unless it were revenge, all whetted the appetite of the editors. It was a big "story," one that would run for many days, and the "News" played it strong.
As Kirby had expected, he was selected as the probable assassin. A reporter had interviewed Mr. and Mrs. Cass Hull, who occupied the apartment just below that of the murdered man. They had told him that a young man, a stranger to them, powerfully built and dressed like a prosperous ranchman, had knocked on their door about 9.20 to ask the way to the apartment of Cunningham. Hull explained that he remembered the time particularly because he happened to be winding the clock at the moment.
A description of Lane was given in a two-column "box." He read it with no amusement. It was too deadly accurate for comfort.
The supposed assassin of James Cunningham is described by Mrs. Cass Hull as dressed in a pepper-and-salt suit and a white, pinched-in cattleman's hat. He is about six feet tall, between 25 and 30 years old, weighing about 200 or perhaps 210 pounds. His hair is a light brown and his face tanned from the sun.
His age and his weight were overstated, and his clothes were almost a khaki brown. Otherwise Mrs. Hull had given a very close description of him, considering her state of mind at the moment when she had seen him.
There was one sentence of the story he read over two or three times. Hull and his wife agreed that it was about 9.20 when he had knocked on their door, unless it was a printer's error or the reporter had made a mistake. Kirby knew this was wrong. He had looked at his watch just before he had entered the Paradox Apartment. He had stopped directly under a street globe, and the time was 9.55.
Had the Hulls deliberately shifted the time back thirty-five minutes? If so, why? He remembered how stark terror had stared out of both their faces. Did they know more about the murder than they pretended? When he had mentioned his uncle's name the woman had been close to collapse, though, of course, he could not be sure that had been the reason. To his mind there flashed the memory of the note he had seen on the table. The man had called on Cunningham and left word he might call again. Was it possible the Hulls had just come down from the apartment above when he had knocked on their door? If so, how did the presence of Rose fit into the schedule?
Lane pounced on the fear and the evasion of the Hulls as an out for
Wild Rose. It was only a morsel of hope, but he made the most of it.
The newspaper was inclined to bring up stage the mysterious man who had called up the police at 10.25 to tell them that Cunningham had been murdered in his rooms. Who was this man? Could he be the murderer? If so, why should he telephone the police and start immediately the hunt after him? If not the killer, how did he know that a crime had been committed less than an hour before?
As soon as he had eaten breakfast, Kirby walked round to the boarding-house on Cherokee Street where Wild Rose was staying with her sister. Rose was out, he learned from the landlady. He asked if he might see her sister. His anxiety was so great he could not leave without a word of her.
Presently Esther came down to the parlor where the young man waited for her. Lane introduced himself as a friend of Rose. He was worried about her, he said. She seemed to him in a highly wrought-up, nervous state. He wondered if it would not be well to get her out of Denver.
Esther swallowed a lump in her throat. She had never seen Rose so jumpy, she agreed. Last night she had gone out for an hour alone. The look in her eyes when she had come back had frightened Esther. She had gone at once to her bedroom and locked the door, but her sister had heard her moving about for hours.
Then, suddenly, Esther's throat swelled and she began to sob. She knew well enough that she was at the bottom of Wild Rose's worries.
"Where is she now?" asked Kirby gently.
"I don't know. She didn't tell me where she was going.
There's—there's something queer about her. I—I'm afraid."
"What are you afraid of?"
"She's so—so kinda fierce," Esther wailed.
It was impossible to explain, even to this big brown friend of Rose who looked as though his quiet strength could move mountains. He was a man. Besides, every instinct in her drove to keep hidden the secret that some day would tell itself.
Her eyes fell. They rested on the "News" some boarder had tossed on the table beside which she stood. Her thoughts were of herself and the plight in which she had become involved. She looked at the big headlines of the paper and for the moment did not see them. What she did see was disgrace, the shipwreck of the young life she loved so much.
Her pupils dilated. The words of the headline penetrated to the brain.
A hand clutched at her heart. She read again hazily—
JAMES CUNNINGHAM MURDERED
—then collapsed fainting into a chair.
CHAPTER X
KIRBY ASKS A DIRECT QUESTION
The story of the Cunningham mystery, as it was already being called, filled the early editions of the afternoon papers. The "Times" had the scoop of the day. It was a story signed by Chuck Ellis, who had seen the alleged murderer climb down by a fire escape from the window of Cunningham's bedroom and had actually talked with the man as he emerged from the alley. His description of the suspect tallied fairly closely with that of Mrs. Hull, but it corrected errors in regard to weight, age, and color of clothes.
As Kirby walked to the Equitable Building to keep his appointment with his cousins, it would not have surprised him if at any moment an officer had touched him on the shoulder and told him he was under arrest.
Entering the office of the oil broker, where the two brothers were waiting for him, Kirby had a sense of an interrupted conversation. They had been talking about him, he guessed. The atmosphere was electric.
James spoke quickly, to bridge any embarrassment. "This is a dreadful thing about Uncle James. I've never been so shocked before in my life. The crime was absolutely fiendish."
Kirby nodded. "Or else the deed of some insane person. Men in their right senses don't do such things."
"No," agreed James. "Murder's one thing. Such coldblooded deviltry is quite another. There may be insanity connected with it. But one thing is sure. I'll not rest till the villain's run to earth and punished."
His eyes met those of his cousin. They were cold and bleak.
"Do you think I did it?" asked Kirby quietly.
The directness of the question took James aback. After the fraction of a second's hesi
tation he spoke. "If I did I wouldn't be going to lunch with you."
Jack cut in. Excitement had banished his usual almost insolent indolence. His dark eyes burned with a consuming fire. "Let's put our cards on the table. We think you're the man the police are looking for—the one described in the papers."
"What makes you think that?"
"You told us you were going to see him as soon as he got back from the Springs. The description fits you to a T. You can't get away with an alibi so far as I'm concerned."
"All right," said the rough rider, his low, even voice unruffled by excitement. "If I can't, I can't. We'll say I'm the man who came down the fire escape. What then?"
James was watching his cousin steadily. The pupils of his eyes narrowed. He took the answer out of his brother's mouth. "Then we think you probably know something about this mystery that you'll want to tell us. You must have been on the spot very soon after the murderer escaped. Perhaps you saw him."
Kirby told the story of his night's adventure, omitting any reference whatever to Wild Rose or to anybody else in the apartment when he entered.
After he had finished, James made his comment. "You've been very frank, Kirby. I accept your story. A guilty man would have denied being in the apartment, or he would have left town and disappeared."
The range rider smiled sardonically. "I'm not so sure of that. You've got the goods on me. I can't deny I'm the man the police are lookin' for. Mrs. Hull would identify me. So would this reporter Ellis. All you would have to do would be to hand my name to the nearest officer. An' I can't run away without confessin' guilt. Even if I had killed Uncle James, I couldn't do much else except tell some story like the one I've told you."
"It wouldn't go far in a court-room," Jack said.
"Not far," admitted Kirby. "By the way, you haven't expressed an opinion, Jack. Do you think I shot Uncle James?"
Jack looked at him, almost sullenly, and looked away. He poked at the corner of the desk with the ferrule of his cane. "I don't know who shot him. You had quarreled with him, and you went to have another row with him. A cop told me that some one who knew how to tie ropes fastened the knots around his arms and throat. You beat it from the room by the fire escape. A jury would hang you high as Haman on that evidence. Damn it, there's a bad bruise on your chin wasn't there when we saw you yesterday. For all I know he may have done it before you put him out."
"I struck against a corner in the darkness," Kirby said.
"That's what you say. You've got to explain it somehow. I think your story's fishy, if you ask me."
"Then you'd better call up the police," suggested Lane.
"I didn't say I was going to call the cops," retorted Jack sulkily.
James looked at his cousin. Kirby Lane was strong. You could not deny his strength, audacious yet patient. He was a forty-horsepower man with the smile of a boy. Moreover, his face was a certificate of manhood. It was a recommendation more effective than words.
"I think you're wrong, Jack," the older brother said. "Kirby had no more to do with this than I had."
"Thanks," Kirby nodded.
"Let's investigate this man Hull. What Kirby says fits in with what you saw a couple of evenings ago, Jack. I'm assuming he's the same man Uncle flung downstairs. Uncle told you he was a black-mailer. There's one lead. Let's follow it."
Reluctantly Kirby broached one angle of the subject that must be faced. "What about this girl in Uncle's office—the one in trouble? Are we goin' to bring her into this?"
There was a moment's silence. Jack's black eyes slid from Lane to his brother. It struck Kirby that he was waiting tensely for the decision of James, though the reason for his anxiety was not apparent.
James gave the matter consideration, then spoke judicially. "Better leave her out of it. No need to smirch Uncle's reputation unless it's absolutely necessary. We don't want the newspapers gloating over any more scandals than they need."
The cattleman breathed freer. He had an odd feeling that Jack, too, was relieved. Had the young man, after all, a warmer feeling for his dead uncle's reputation than he had given him credit for?
As the three cousins stepped out of the Equitable Building to Stout
Street a newsboy was calling an extra.
"A-l-l 'bout Cunn'n'ham myst'ry. Huxtry! Huxtry!"
Kirby bought a paper. A streamer headline in red flashed at him.
HORIKAWA; VALET OF CUNNINGHAM, DISAPPEARS
The lead of the story below was to the effect that Cunningham had drawn two thousand dollars in large bills from the bank the day of his death. Horikawa could not be found, and the police had a theory that he had killed and robbed his master for this money.
CHAPTER XI
THE CORONER'S INQUEST
If Kirby had been playing his own hand only he would have gone to the police and told them he was the man who had been seen leaving the Paradox Apartments by the fire escape. But he could not do this without running the risk of implicating Wild Rose. Awkward questions would be fired at him that he could not answer. He decided not to run away from arrest, but not to surrender himself. If the police rounded him up, he could not help it; if they did not, so much the better.
He made two more attempts to see Wild Rose during the day, but he could not find her at home. When he at last did see her it was at the inquest, where he had gone to learn all that he could of the circumstances surrounding the murder.
There was a risk in attending. He recognized that. But he was moved by an imperative urge to find out all that was possible of the affair. The force that drove him was the need in his heart to exonerate his friend. Though he recognized the weight of evidence against her, he could not believe her guilty. Under tremendous provocation it might be in character for her to have shot his uncle in self-defense or while in extreme anger. But all his knowledge of her cried out that she could never have chloroformed him, tied him up, then taken his life while he was helpless. She was too fine and loyal to her code, too good a sportsman, far too tender-hearted, for such a thing.
Yet the evidence assaulted this conviction of his soul. If the Wild Rose in the dingy court-room had been his friend of the outdoor spaces, he would have rejected as absurd the possibility that she had killed his uncle. But his heart sank when he looked at this wan-faced woman who came late and slipped inconspicuously into a back seat, whose eyes avoided his, who was so plainly keyed up to a tremendously high pitch. She was dressed in a dark-blue tailored serge and a black sailor hat, beneath the rim of which the shadows on her face were dark.
The room was jammed with people. Every aisle was packed and hundreds were turned away. In the audience was a scattering of fashionably dressed women, for it was possible the inquest might develop a sensation.
The coroner was a short, fat, little man with a highly developed sense of his importance. It was his hour, and he made the most of it. His methods were his own. The young assistant district attorney lounging by the table played second fiddle.
The first witnesses developed the movements of Cunningham during the evening of the twenty-third. He had dined at the City Club, and had left there after dinner to go to his apartment. To a club member dining with him he had mentioned an appointment at his rooms with a lady.
A rustling wave of excitement swept the benches. Those who had come to seek sensations had found their first thrill. Kirby drew in his breath sharply. He leaned forward, not to miss a word.
"Did he mention the name of the lady, Mr. Blanton?" asked the coroner, washing the backs of his hands with the palms.
"No."
"Or his business with her?"
"No. But he seemed to be annoyed." Mr. Blanton also seemed to be annoyed. He had considered not mentioning this appointment, but his conscience would not let him hide it. None the less he resented the need of giving the public more scandal about a fellow club member who was dead. He added an explanation. "My feeling was that it was some business matter being forced on him. He had been at Colorado Springs during the day and
probably had been unable to see the lady earlier."
"Did he say so?"
"No-o, not exactly."
"What did he say to give you that impression?"
"I don't recall his words."
"Or the substance of them?"
"No. I had the impression, very strongly."
The coroner reproved him tartly. "Please confine your testimony to facts and not to impressions, Mr. Blanton. Do you know at what time Mr. Cunningham left the City Club?"
"At 8.45."
"Precisely?"
"Precisely."
"That will do."
Exit Mr. Blanton from the chair and from the room, very promptly and very eagerly.
He was followed by a teller at the Rocky Mountain National Bank. He testified to only two facts—that he knew Cunningham and that the promoter had drawn two thousand dollars in bills on the day of his death.
A tenant at the Paradox Apartments was next called to the stand. The assistant district attorney examined him. He brought out only one fact of importance—that he had seen Cunningham enter the building at a few minutes before nine o'clock.
The medical witnesses were introduced next. The police surgeon had reached the apartment at 10.30. The deceased had come to his death, in his judgment, from the effect of a bullet out of a .38 caliber revolver fired into his brain. He had been struck a blow on the head by some heavy instrument, but this in itself would probably not have proved fatal.
"How long do you think he had been dead when you first saw him?"
"Less than an hour." Answering questions, the police surgeon gave the technical medical reasons upon which he based this opinion. He described the wound.
The coroner washed the backs of his hands with his palms. Observing reporters noticed that he did this whenever he intended taking the examination into his own hands.
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