The Third Degree Part 37

"It wasn't burglary," corrected the captain sullenly.

Judge Brewster again consulted the papers in his hand.

"You're quite right, captain--my mistake--it was homicide, but--it was an untrue confession."

"Yes."

"It was the same thing in the Callahan case," went on the judge, picking up another doc.u.ment. "In the case of the People against Tuthill--and--Cosgrove--Tuthill confessed and died in prison, and Cosgrove afterward acknowledged that he and not Tuthill was the guilty man."

"Well," growled the captain, "mistakes sometimes happen."

Judge Brewster stopped and laid down his eyegla.s.ses.

"Ah, that is precisely the point of view we take in this matter! Now, captain, in the present case, on the night of the confession did you show young Mr. Jeffries the pistol with which he was supposed to have shot Robert Underwood?"

Captain Clinton screwed up his eyes as if thinking hard. Then, turning to his sergeant, he said:

"Yes. I think I did. Didn't I, Maloney?"

"Your word is sufficient," said the judge quickly. "Did you hold it up?"

"Think I did."

"Do you know if there was a light s.h.i.+ning on it?" asked the judge quickly.

At this point, Dr. Bernstein, who had been an attentive listener, bent eagerly forward. Much depended on Captain Clinton's answer--perhaps a man's life.

"Don't know--might have been," replied the chief carelessly.

Judge Brewster turned to Dr. Bernstein.

"Were there electric lights on the wall?"

"Yes."

"What difference does that make?" demanded the policeman.

"Quite a little," replied the judge quietly. "The barrel of the revolver was bright--s.h.i.+ning steel. From the moment that Howard Jeffries' eyes rested on the s.h.i.+ning steel barrel of that revolver he was no longer a conscious personality. As he himself said to his wife, 'They said I did it--and I knew I didn't, but after I looked at that s.h.i.+ning pistol I don't know what I said or did--everything became a blur and a blank.'

Now, I may tell you, captain, that this condition fits in every detail the clinical experiences of nerve specialists and the medical experiences of the psychologists. After five hours' constant cross-questioning while in a semi-dazed condition, you impressed on him your own ideas--you suggested to him what he should say--you extracted from him not the thoughts that were in his own consciousness, but those that were in yours. Is that the scientific fact, doctor?"

"Yes," replied Dr. Bernstein, "the optical captivation of Howard Jeffries' attention makes the whole case complete and clear to the physician."

Captain Clinton laughed loudly.

"Optical captivation is good!" Turning to his sergeant he asked, "What do you think of it, Maloney?"

Sergeant Maloney chuckled.

"It's a new one, eh?"

"No, captain--it's a very old one," interrupted the lawyer sternly, "but it's new to us. We're barely on the threshold of the discovery. It certainly explains these other cases, doesn't it?"

"I don't know that it does," objected the captain, shaking his head. "I don't acknowledge----"

Judge Brewster sat down. Looking the policeman squarely in the face, he said slowly and deliberately:

"Captain Clinton, whether you acknowledge it or not, I can prove that you obtained these confessions by means of hypnotic suggestion, and that is a greater crime against society than any the State punishes or pays you to prevent."

The captain laughed and shrugged his shoulders. Indifferently he said:

"I guess the boys up at Albany can deal with that question."

"The boys up at Albany," retorted the lawyer, "know as little about the laws of psychology as you do. This will be dealt with at Was.h.i.+ngton!"

The captain yawned.

"I didn't come here to hear about that--you were going to produce the woman who called on Underwood the night of the murder--that was what I came here for--not to hear my methods criticised--where is she?"

"One thing at a time," replied the judge. "First, I wanted to show you that we know Howard Jeffries' confession is untrue. Now we'll take up the other question." Striking a bell on his desk, he added: "This woman can prove that Robert Underwood committed suicide."

"She can, eh?" exclaimed the captain sarcastically. "Maybe she did it herself. Some one did it, that's sure!"

The library door opened and the butler entered.

"Yes, some one did it!" retorted the judge; "we agree there!" To the servant he said: "Ask Mrs. Jeffries, Jr., to come here."

The servant left the room and the captain turned to the judge with a laugh:

"Is she the one? Ha! ha!--that's easy----"

The judge nodded.

"She has promised to produce the missing witness to-night."

"She has, eh?" exclaimed the captain.

Rising quickly from his chair, he crossed the room and talked in an undertone with his sergeant. This new turn in the case seemed to interest him. Meantime Mr. Jeffries, who had followed every phase of the questioning with close attention, left his seat and went over to Judge Brewster.

"Is it possible," he exclaimed, "is it possible that Underwood shot himself? I never dreamed of doubting Howard's confession!" More cordially he went on: "Brewster, if this is true, I owe you a debt of grat.i.tude--you've done splendid work--I--I'm afraid I've been just a trifle obstinate."

"Just a trifle," said the judge dryly.

Sergeant Maloney took his hat.

"Hurry up!" said the captain, "you can telephone from the corner drug store."

"All right, Cap'."

Dr. Bernstein also rose to depart.