The Third Degree Part 35

Meantime, he himself had not been idle. When once he made up his mind to do a thing he was not content with half measures. Night and day he worked on the case, preparing evidence, seeing witnesses and experts, until he had gradually built up a bulwark of defense which the police would find difficult to tear down. Yet he was not wholly rea.s.sured as to the outcome until Annie, the day following the interview in his office, informed him breathlessly that she had found the mysterious woman. The judge was duly elated; now it was plain sailing, indeed! There had always been the possibility that Howard's confession to the police was true, that he had really killed Underwood. But now they had found the one important witness, the mysterious woman who was in the apartment a few minutes before the shooting and who was in possession of a letter in which Underwood declared his intention of shooting himself, doubt was no longer possible. Acquittal was a foregone conclusion. So pleased was the judge at Annie's find that he did not insist on knowing the woman's name. He saw that Annie preferred, for some reason, not to give it--even to her legal adviser--and he let her have her way, exacting only that the woman should be produced the instant he needed her. The young woman readily a.s.sented. Of course, there remained the "confession," but that had been obtained unfairly, illegally, fraudulently. The next important step was to arrange a meeting at the judge's house at which Dr.

Bernstein, the hypnotic expert, would be present and to which should be invited both Captain Clinton and Howard's father. In front of all these witnesses the judge would accuse the police captain of brow-beating his prisoner into making an untrue confession. Perhaps the captain could be argued into admitting the possibility of a mistake having been made. If, further, he could be convinced of the existence of doc.u.mentary evidence showing that Underwood really committed suicide he might be willing to recede from his position in order to protect himself. At any rate it was worth trying. The judge insisted, also, that to this meeting the mysterious woman witness should also come, to be produced at such a moment as the lawyer might consider opportune. Annie merely demanded a few hours' time so she could make the appointment and soon reappeared with a solemn promise that the woman would attend the meeting and come forward at whatever moment called upon.

Three evenings later there was an impressive gathering at Judge Brewster's residence. In the handsomely appointed library on the second floor were seated Dr. Bernstein, Mr. Jeffries and the judge. Each was absorbed in his own thoughts. Dr. Bernstein was puffing at a big black cigar; the banker stared vacantly into s.p.a.ce. The judge, at his desk, examined some legal papers. Not a word was spoken. They seemed to be waiting for a fourth man who had not yet arrived. Presently Judge Brewster looked up and said:

"Gentlemen, I expect Captain Clinton in a few minutes, and the matter will be placed before you."

Mr. Jeffries frowned. It was greatly against his will that he had been dragged to this conference. Peevishly, he said:

"I've no wish to be present at the meeting. You know that and yet you sent for me."

Judge Brewster looked up at him quickly and said quietly yet decisively:

"Mr. Jeffries, it is absolutely necessary that you be present when I tell Captain Clinton that he has either willfully or ignorantly forced your son to confess to having committed a crime of which I am persuaded he is absolutely innocent."

The banker shrugged his shoulders.

"If I can be of service, of course, I--I am only too glad--but what can I say--what can I do?"

"Nothing," replied the Judge curtly. "But the moral effect of your presence is invaluable." More amiably he went on: "Believe me, Jeffries, I wouldn't have taken this step unless I was absolutely sure of my position. I have been informed that Underwood committed suicide, and to-night evidence confirming this statement is to be placed in my hands.

The woman who paid him that mysterious visit just before his death has promised to come here and tell us what she knows. Now, if Captain Clinton can be got to admit the possibility of his being mistaken it means that your son will be free in a few days."

"Who has given you this information?" demanded the banker skeptically.

"Howard's wife," answered the judge quietly. The banker started and the lawyer went on: "She knows who the woman is, and has promised to bring her here to-night with doc.u.mentary proof of Underwood's suicide."

"You are depending on her?" he sneered.

"Why not?" demanded the judge. "She has more at stake than any of us.

She has worked day and night on this case. It was she who aroused Dr.

Bernstein's interest and persuaded him to collect the evidence against Captain Clinton."

The banker frowned.

"She is the cause of the whole miserable business," he growled.

The door opened and the butler, entering, handed his master a card.

"Ah!" e.j.a.c.u.l.a.t.ed the judge. "Here's our man! Show him up."

When the servant had disappeared Mr. Jeffries turned to his host. With a show of irritation he said:

"I think you put too much faith in that woman, but you'll find out--you'll find out."

Judge Brewster smiled.

"That's our object, isn't it, Mr. Jeffries--to find out?" he said sarcastically.

"What's the name of this mysterious witness?" exclaimed the banker testily. "If the police haven't been able to find her why should Howard's wife be able to do so? There was a report that she herself was----" He paused and added, "Did she tell you who it was?"

"No," said the judge dryly, "she will tell us to-night."

The banker bounded in his seat.

"You'll see," he cried. "Another flash in the pan. I don't like being mixed up in this matter--it's a disagreeable--most disagreeable."

Dr. Bernstein puffed a thick cloud of smoke into the air and said quietly:

"Yes, sir; it is disagreeable--but--unfortunately it is life."

Suddenly the door opened and Captain Clinton appeared, followed by his _fidus Achates_, Detective Sergeant Maloney. Both men were in plain clothes. The captain's manner was condescendingly polite, the att.i.tude of a man so sure of his own position that he had little respect for the opinion of any one else. With an effort at amiability he began:

"Got your message, judge--came as soon as I could. Excuse my bringing the sergeant with me. Sit over there, Maloney." Half apologetically, he added: "He keeps his eyes open and his mouth shut, so he won't interfere. How do, doctor?"

Maloney took a position at the far end of the room, while Dr. Bernstein introduced the captain to Mr. Jeffries.

"Yes, I know the gentleman. How do, sir?"

The banker nodded stiffly. He did not relish having to hobn.o.b in this way with such a vulgarian as a grafting police captain. Captain Clinton turned to Judge Brewster.

"Now, judge, explode your bomb! But I warn you I've made up my mind."

"I've made up my mind, too," retorted the judge, "so at least we start even."

"Yes," growled the other.

"As I stated in my letter, captain," went on the judge coolly, "I don't want to use your own methods in this matter. I don't want to spread reports about you, or accuse you in the papers. That's why I asked you to come over and discuss the matter informally with me. I want to give you a chance to change your att.i.tude."

"Don't want any chance," growled the policeman.

"You mean," said the judge, peering at his _vis a vis_ over his spectacles, "that you _don't want_ to change your att.i.tude."

Captain Clinton settled himself more firmly in his chair, as if getting ready for hostilities. Defiantly he replied:

"That's about what I mean, I suppose."

"In other words," went on Judge Brewster calmly, "you have found this--this boy guilty and you refuse to consider evidence which may tend to prove otherwise."

"'Tain't my business to consider evidence," snapped the chief. "That's up to the prosecuting attorney."

"It will be," replied the lawyer sharply, "but at present it's up to you."

"Me?" exclaimed the other in genuine surprise.

"Yes," went on Judge Brewster calmly, "you were instrumental in obtaining a confession from him. I'm raising a question as to the truth of that confession."

Captain Clinton showed signs of impatience. Shrugging his ma.s.sive shoulders deprecatingly, said:

"Are we going over all that? What's the use? A confession is a confession and that settles it. I suppose the doctor has been working his pet theory off on you and it's beginning to sprout."