True Stories of Crime From the District Attorney's Office Part 6

Thus ended, as a matter of record, the case of The People against Flechter. For eight years the violin dealer and his family had endured the agony of disgrace, he had spent a fortune in his defense, and had nevertheless been convicted of a crime of which he was at last proved innocent.

Yet, there are those who, when the case is mentioned, shake their heads wisely, as if to say that the whole story of the lost Stradivarius has never been told.

IV

The Last of the Wire-Tappers

"Sir," replied the knave unabashed, "I am one of those who do make a living by their wits."

John Felix, a dealer in automatic musical instruments in New York City, was swindled out of $50,000 on February 2d, 1905, by what is commonly known as the "wire-tapping" game. During the previous August a man calling himself by the name of Nelson had hired Room 46, in a building at 27 East Twenty-second Street, as a school for "wireless telegraphy." Later on he had installed over a dozen deal tables, each fitted with a complete set of ordinary telegraph instruments and connected with wires which, while apparently pa.s.sing out of the windows, in reality plunged behind a desk into a small "dry" battery. Each table was fitted with a shaded electric drop-light, and the room was furnished with the ordinary paraphernalia of a telegraph office. The janitor never observed any activity in the "school." There seemed to be no pupils, and no one haunted the place except a short, ill-favored person who appeared monthly and paid the rent.

On the afternoon of February 1st, 1905, Mr. Felix was called to the telephone of his store and asked to make an appointment later in the afternoon, with a gentleman named Nelson who desired to submit to him a business proposition. Fifteen minutes afterward Mr. Nelson arrived in person and introduced himself as having met Felix at "Lou" Ludlam's gambling house. He then produced a copy of the Evening Telegram which contained an article to the effect that the Western Union Telegraph Company was about to resume its "pool-room service,"-that is to say, to supply the pool rooms with the telegraphic returns of the various horse-races being run in different parts of the United States. The paper also contained, in connection with this item of news, a photograph which might, by a stretch of the imagination, have been taken to resemble Nelson himself.

Mr. Felix, who was a German gentleman of French sympathies, married to an American lady, had recently returned to America after a ten years' sojourn in Europe. He had had an extensive commercial career, was possessed of a considerable fortune, and had at length determined to settle in New York, where he could invest his money to advantage and at the same time conduct a conservative and harmonious business in musical instruments. Like the Teutons of old, dwelling among the forests of the Elbe, Mr. Felix knew the fascination of games of chance and he had heard the merry song of the wheel at both Hambourg and Monte Carlo. In Europe the pleasures of the gaming table had been comparatively inexpensive, but in New York for some unknown reason the fickle G.o.ddess had not favored him and he had lost upward of $51,000. "Zu viel!" as he himself expressed it. Being of a philosophic disposition, however, he had pocketed his losses and contented himself with the consoling thought that, whereas he might have lost all, he had in fact lost only a part. It might well have been that had not The Tempter appeared in the person of his afternoon visitor, he would have remained in status quo for the rest of his natural life. In the sunny window of his musical store, surrounded by zitherns, auto-harps, dulcimers, psalteries, sackbuts, and other instrument's of melody, the advent of Nelson produced the effect of a sudden and unexpected discord. Felix distrusted him from the very first.

The "proposition" was simplicity itself. It appeared that Mr. Nelson was in the employ of the Western Union Telegraph Company, which had just opened a branch office for racing news at 27 East Twenty-second Street. This branch was under the superintendence of an old a.s.sociate and intimate friend of Nelson's by the name of McPherson. a.s.suming that they could find some one with the requisite amount of cash, they could all make their everlasting fortunes by simply having McPherson withhold the news of some race from the pool rooms long enough to allow one of the others to place a large bet upon some horse which had in fact already won and was resting comfortably in the stable. Felix grasped the idea instantly. At the same time he had his suspicions of his visitor. It seemed peculiar that he, an inconspicuous citizen who had already lost $50,000 in gambling houses, should be selected as the recipient of such a momentous opportunity. Moreover, he knew very well that gentlemen in gambling houses were never introduced at all. He thought he detected the odor of a rodent. He navely inquired why, if all these things were so, Nelson and his friend were not already yet millionaires two or three times? The answer was at once forthcoming that they had been, but also had been robbed-unmercifully robbed, by one in whom they had had confidence and to whom they had entrusted their money.

"And now we are poor, penniless clerks!" sighed Nelson, "and if we should offer to make a big bet ourselves, the gamblers would be suspicious and probably refuse to place it."

"I think this looks like a schvindling game," said Felix shrewdly. So it did; so it was.

By and by Felix put on his hat and, escorted by Nelson, paid a visit to the "branch office" at 27 East Twenty-second Street. Where once solitude had reigned supreme and the spider had spun his web amid the fast-gathering dust, all was now tumultuous activity. Fifteen busy operators in eye shades and s.h.i.+rt sleeves took the news hot from the humming wires and clicked it off to the waiting pool rooms.

"Scarecrow wins by a neck!" cried one, "Blackbird second!"

"Make the odds 5 to 3," shouted a short, ill-favored man, who sat at a desk puffing a large black cigar. The place buzzed like a beehive and ticked like a clockmaker's. It had an atmosphere of breathless excitement all its own. Felix watched and marvelled, wondering if dreams came true.

The short, ill-favored man strolled over and condescended to make Mr. Felix's acquaintance. An hour later the three of them were closeted among the zitherns. At the same moment the fifteen operators were ranged in a line in front, of a neighboring bar, their elbows simultaneously elevated at an angle of forty-five degrees.

Felix still had lingering doubts. Hadn't Mr. McPherson some little paper-a letter, a bill, a receipt or a check, to show that he was really in the employ of the Western Union? No, said "Mac," but he had something better-the badge which he had received as the fastest operator among the company's employees. Felix wanted to see it, but "Mac" explained that it was locked up in the vault at the Farmers' Loan and Trust Co. To Felix this had a safe sound-"Farmers' Trust Co." Then matters began to move rapidly. It was arranged that Felix should go down in the morning and get $50,000 from his bankers, Seligman and Meyer. After that he was to meet Nelson at the store and go with him to the pool room where the big financiers played their money. McPherson was to remain at the "office" and telephone them the results of the races in advance. By nightfall they would be worth half a million.

"I hope you have a good large safe," remarked Nelson, tentatively. The three conspirators parted with mutual expressions of confidence and esteem.

Next morning Mr. Felix went to his bankers and procured $50,000 in five ten-thousand-dollar bills. The day pa.s.sed very slowly. There was not even a flurry in zitherns. He waited impatiently for Nelson who was to come at five o'clock. At last Nelson arrived and they hurried to the Fifth Avenue Hotel where the coup was to take place.

And now another marvel. Wa.s.sermann Brothers' stock-brokering office, which closes at three hummed just as the "office" had done the evening before-and with the very same bees, although Felix did not recognize them. It was crowded with men who struggled violently with one another in their eagerness to force their bets into the hands of a benevolent-looking person, who, Felix was informed, was the "trusted cas.h.i.+er" of the establishment. And the sums were so large that even Felix gasped.

"Make that $40,000 on Coco!" cried a bald-headed "capper."

"Mr. Gates wants to double his bet on Jackstone,-make it $80,000!" shrieked another.

"Gentlemen! Gentlemen!" begged the "trusted cas.h.i.+er," "not quite so fast, if you please. One at a time."

"Sixty thousand on Hesper-for a place!" bawled one addressed as "Mr. Keene," while Messrs. "Ryan," "Whitney," "Belmont," "Sullivan," "McCarren," and "Murphy" all made handsome wagers.

From time to time a sporty-looking man standing beside a ticker, shouted the odds and read off the returns. Felix heard with straining ears:

"They're off!"

"Baby leads at the quarter."

"Susan is gaining!"

"They're on the stretch!"

"Satan wins by a nose-Peter second."

There was a deafening uproar, hats were tossed ceilingward, and great wads of money were pa.s.sed out by the "trusted cas.h.i.+er" to indifferent millionaires. Felix wanted to rush in and bet at once on something-if he waited it might be too late. Was it necessary to be introduced to the cas.h.i.+er? No? Would he take the bet? All right, but-

At that moment a page elbowed his way among the money calling plaintively for "Felix! Mr. Felix." Shrinking at the thought of such publicity in such distinguished company, Felix caught the boy's arm and learned that he was wanted at the telephone booth in the hotel.

"It must be 'Mac,'" said Nelson. "Now don't make any mistake!" Felix promised to use the utmost care.

It was "Mac."

"Is this Mr. Felix?-Yes? Well, be very careful now. I am going to give you the result of the third race which has already been run. I will hold back the news three minutes. This is merely to see if everything is working right. Don't make any bet. If I give you the winners correctly, you can put your money on the fourth race. The horse that won the last is Col. Starbottle-Don Juan is second. Now just step back and see if I am right."

Felix rushed back to the pool room. As he entered the man at the tape was calling out that "they" were off. In due course "they" reached the quarter and then the half. A terrific struggle was in progress between Col. Starbottle and Don Juan. First one was ahead and then the other. Finally they came thundering down to the stretch, Col. Starbottle winning by a neck. "Gates" won $90,000, and several others pocketed wads running anywhere from $20,000 to $60,000.

Felix hurried back to the telephone. "Mac" was at the other end.

"Now write this down," admonished McPherson; "we can't afford to have any mistake. Old Stone has just won the fourth race, with Calvert second. Play Old Stone to win at 5 to 1. We shall make $250,000-and Old Stone is safe in the stable all the time and his jockey is smoking a cigarette on the club house veranda. Good luck, old man."

Felix had some difficulty in getting near the "trusted cas.h.i.+er" so many financiers were betting on Calvert. Felix smiled to himself. He'd show them a thing or two.

Finally he managed to push his envelope containing the five ten-thousand-dollar bills into the "trusted cas.h.i.+er's" hand. The latter marked it "Old Stone, 5 to 1 to win!" and thrust it into his pocket. Then "Whitney" or somebody bet $70,000 on Calvert.

"They're off!" shouted the man at the tape.

How he lived while they tore around the course Felix never knew. Neck and neck Old Stone and Calvert pa.s.sed the quarter, the half, and the three-quarter post, and with the crowd yelling like demons came hurtling down the stretch.

"Old Stone wins!" cried the "booster" at the tape in a voice husky with excitement. "Calvert a close second!" Felix nearly fainted. His head swam. He had won a quarter of a million. Then the voice of the "booster" made itself audible above the confusion.

"What! A mistake? Not possible!-Yes. Owing to some confusion at the finish, both jockies wearing the same colors, the official returns now read Calvert first; Old Stone second."

Among the zitherns Felix sat and wondered if he had been schvindled. He had not returned to Wa.s.sermann Brothers. Had he done so he would have found it empty five minutes after he had lost his money. The millionaires were already streaming hilariously into Sharkey's. "Gates" pledged "Belmont" and "Keene" pledged "Whitney." Each had earned five dollars by the sweat of his brow. The glorious army of wire-tappers had won another victory and their generals had consummated a campaign of months. Expenses (roughly), $600. Receipts, $50,000. Net profits, $48,400. Share of each, $16,133.

A day or two later Felix wandered down to Police Headquarters, and in the Rogue's Gallery identified the photograph of Nelson, whom he then discovered to be none other than William Crane, alias John Lawson, alias John La.r.s.en, a well-known "wire-tapper," arrested some dozen times within a year or two for similar offences. McPherson turned out to be Christopher Tracy, alias Charles J. Tracy, alias Charles Tompkins, alias Topping, alias Toppin, etc., etc., arrested some eight or ten times for "wire-tapping." The "trusted cas.h.i.+er" materialized in the form of one Wyatt, alias, Fred Williams, etc., a "wire-tapper" and pal of "Chappie" Moran and "Larry" Summerfield. Detective Sergeants Fogarty and Mundy were at once detailed upon the case and arrested within a short time both Nelson and McPherson. The "trusted cas.h.i.+er" who had pocketed Felix's $50,000 has never been caught. It is said that he is running a first-cla.s.s hostelry in a Western city. But that is another story.

When acting Inspector O'Brien ordered McPherson brought into his private room, the latter unhesitatingly admitted that the three of them had "trimmed" Felix of his $50,000, exactly as the latter had alleged. He stated that Wyatt (alias Williams) was the one who had taken in the money, that it was still in his possession, and still intact in its original form. He denied, however, any knowledge of Wyatt's whereabouts.

The reason for this indifference became apparent when the two prisoners were arraigned in the magistrate's court, and their counsel demanded their instant discharge on the ground that they had committed no crime for which they could be prosecuted. He cited an old New York case, McCord vs. The People,[2] which seemed in a general way to sustain his contention, and which had been followed by another and much more recent decision. The People vs. Livingston.[3] The first of these cases had gone to the Court of Appeals, and the general doctrine had been annunciated that where a person parts with his money for an unlawful or dishonest purpose, even though he is tricked into so doing by false pretences, a prosecution for the crime of larceny cannot be maintained.

[2] 46 New York 470.

[3] 47 App. Div. 283.