The Name is Archer

Wild Goose Chase

THE PLANE turned in towards the shoreline and began to lose altitude. Mountains detached themselves from the blue distance. Then there was a city between the sea and the mountains, a little city made of sugar cubes. The cubes increased in size. Cars crawled like colored beetles between the buildings, and matchstick figures hustled jerkily along the white morning pavements. A few minutes later I was one of them.

The woman who had telephoned me was waiting at the airport, as she had promised. She climbed out of her Cadillac when I appeared at the entrance to the waiting room, and took a few tentative steps towards me. In spite of her height and her blondeness, the dark harlequin glasses she wore gave her an oddly Oriental look.

“You must be Mr. Archer.”

I said I was, and waited for her to complete the exchange of names – she hadn’t given me her name on the telephone. All she had given me, in fact, was an urgent request to catch the first plane north, and assurances that I would be paid for my time.

She sensed what I was waiting for. “I’m sorry to be so mysterious. I really can’t afford to tell you my name. I’m taking quite a risk in coming here at all.”

I looked her over carefully, trying to decide whether this was another wild goose chase. Although she was well-groomed in a sharkskin suit, her hair and face were slightly disarranged, as if a storm had struck her a glancing blow. She took off her glasses to wipe them. I could see that the storm was inside of her, roiling the blue-green color of her eyes.

“What’s the problem?” I said.

She stood wavering between me and her car, beaten by surges of sound from the airfield where my plane was about to take off again. Behind her, in the Cadillac’s front seat, a little girl with the coloring of a Dresden doll was sitting as still as one. The woman glanced at the child and moved farther away from the car:

“I don’t want Janie to hear. She’s only three and a half but she understands a great deal.” She took a deep gasping breath, like a swimmer about to dive. “There’s a man on trial for murder here. They claim he murdered his wife.”

“Glenway Cave?”

Her whole body moved with surprise. “You know him?”

“No, I’ve been following the trial in the papers.”

“Then you know he’s testifying today. He’s probably on the witness stand right now.” Her voice was somber, as if she could see the courtroom in her mind’s eye.

“Is Mr. Cave a friend of yours?”

She bit her lip. “Let’s say that I’m an interested observer.”

“And you don’t believe he’s guilty.”

“Did I say that?”

“By implication. You said they claim he murdered his wife.”

“You have an alert ear, haven’t you? Anyway, what I believe doesn’t matter. It’s what the jury believes. Do you think they’ll acquit him?”

“It’s hard to form an opinion without attending the trial. But the average jury has a prejudice against the idea of blowing off your wife’s head with a twelve-gauge shotgun. I’d say he stands a good chance of going to the gas chamber.”

“The gas chamber.” Her nostrils dilated, and she paled, as if she had caught a whiff of the fatal stuff. “Do you seriously think there’s any danger of that?”

“They’ve built a powerful case against him. Motive. Opportunity. Weapon.”

“What motive?”

“His wife was wealthy, wasn’t she? I understand Cave isn’t. They were alone in the house; the housekeeping couple were away for the weekend. The shotgun belonged to Cave, and according to the chemical test his driving gloves were used to fire it.”

“You have been following the trial.”

“As well as I could from Los Angeles. Of course you get distortions in the newspapers. It makes a better story if he looks guilty.”

“He isn’t guilty,” she said in a quiet voice.

“Do you know that, or merely hope it?”

She pressed one hand across her mouth. The fingernails were bitten down to the quick. “We won’t go into that.”

“Do you know who murdered Ruth Cave?”

“No. Of course not.”

“Am I supposed to try and find out who did?”

“Wouldn’t that be very difficult, since it happened so long ago? Anyway, it doesn’t really matter to me. I barely knew the woman.” Her thoughts veered back to Cave. “Won’t a great deal depend on the impression he makes on the witness stand?”

“It usually does in a murder trial.”

“You’ve seen a lot of them, haven’t you?”

“Too many. I take it I’m going to see another.”

“Yes.” She spoke sharply and definitely, leaning forward. “I don’t dare go myself. I want you to observe the jurors, see how Glen – how Mr. Cave’s testimony affects them. And tell me if you think he’s going to get off.”

“What if I can’t tell?”

“You’ll have to give me a yes or no.” Her breast nudged my arm. She was too intent on what she was saying to notice. “I’ve made up my mind to go by your decision.”

“Go where?” I said.

“To hell if necessary – if his life is really in danger.”

“I’ll do my best. Where shall I get in touch with you?”

“I’ll get in touch with you. I’ve made a reservation for you at the Rubio Inn. Right now I’ll drop you at the courthouse. Oh, yes – the money.” She opened her leather handbag, and I caught the gleam of a blue revolver at the bottom of the bag. “How much?”

“A hundred dollars will do.”

A few bills changed hands, and we went to the car. She indicated the right rear door. I went around to the left so that I could read the white slip on the steering column. But the leatherette holder was empty.

The little girl stood up in the front seat and leaned over the back of it to look at me. “Hello. Are you my daddy?” Her eyes were as blue and candid as the sky.

Before I could answer, her mother said: “Now Janie, you know he isn’t your daddy. This is Mr. Archer.”

“Where is my daddy?”

“In Pasadena, darling. You know that. Sit down, Janie, and be still.”

The little girl slid down out of my sight. The engine roared in anger.

It was ten minutes past eleven by the clock on the courthouse tower. Superior Court was on the second floor. I slid into one of the vacant seats in the back row of the spectators’ section. Several old ladies turned to glare at me, as though I had interrupted a church service.

The trial was more like an ancient tribal ceremony in a grotto. Red draperies were drawn over the lofty windows. The air was dim with human exhalations. Black iron fixtures suspended from the ceiling shed a wan light on the judge’s gray head, and on the man on the witness stand.

I recognized Glenway Cave from his newspaper pictures. He was a big handsome man in his early thirties who had once been bigger and handsomer. Four months in jail waiting for trial had pared him down to the bone. His eyes were pressed deep into hollow sockets. His double-breasted gabardine suit hung loosely on his shoulders. He looked like a suitable victim for the ceremony.

A broad-backed man with a straw-colored crewcut was bent over the stenograph, talking in an inaudible voice to the court reporter. Harvey, chief attorney for the defense. I had met Rod Harvey several times in the course of my work, which was one reason why I had followed the trial so closely.

The judge chopped the air with his hatchet face: “Proceed with your examination, Mr. Harvey.”

Harvey raised his clipped blond head and addressed the witness: “Mr. Cave, we were attempting to establish the reason behind your – ah – misunderstanding with your wife. Did you and Mrs. Cave have words on the evening of May nineteenth?”

“We did. I’ve already told you that.” Cave’s voice was shallow, with high-pitched overtones.

“What was the nature of the conversation?”

“It was more of an argument than a conversation.”

“But a purely verbal argument?” Harvey sounded as if his own witness had taken him by surprise.

A sharp-faced man spoke up from the prosecution end of the attorneys’ table. “Objection. The question is leading – not to say misleading.”

“Sustained. The question will be stricken.”

Harvey shrugged his heavy tweed shoulders. “Tell us just what was said then, Mr. Cave. Beginning at the beginning.”

Cave moved uncomfortably, passing the palm of one hand over his eyes. “I can’t recall it verbatim. It was quite an emotional scene–”

Harvey cut him off. “Tell us in your own words what you and Mrs. Cave were talking about.”

“The future,” Cave said. “Our future. Ruth was planning to leave me for another man.”

An insect-buzzing rose from the spectators. I looked along the row where I was sitting. A couple of seats to my right, a young woman with artificial violets at her waist was leaning forward, her bright dark eyes intent on Cave’s face. She seemed out of place among the frowsy old furies who surrounded her. Her head was striking, small and boyishly chic, its fine bony structure emphasized by a short haircut. She turned, and her brown eyes met mine. They were tragic and opaque.

The D.A.’s voice rose above the buzzing. “I object to this testimony. The witness is deliberately blackening the dead woman’s reputation, without corroborative evidence of any kind, in a cowardly attempt to save his own neck.”

He glanced sideways at the jury. Their faces were stony. Cave’s was as white as marble. Harvey’s was mottled red. He said, “This is an essential part of the case for the defense. A great deal has been made of Mr. Cave’s sudden departure from home on the day of his wife’s death. I am establishing the reason for it.”

“We know the reason,” the D.A. said in a carrying undertone.

Harvey looked up mutely at the judge, whose frown fitted the lines in his face like an old glove.

“Objection overruled. The prosecution will refrain from making unworthy comments. In any case, the jury will disregard them.”

But the D.A. looked pleased with himself. He had made his point, and the jury would remember. Their twenty-four eyes, half of them female, and predominantly old, were fixed on Cave in uniform disapproval.

Harvey spoke in a voice thickened by emotion. “Did your wife say who the man was that she planned to leave you for?”

“No. She didn’t.”

“Do you know who it was?”

“No. The whole thing was a bolt from the blue to me. I don’t believe Ruth intended to tell me what she had on her mind. It just slipped out, after we started fighting.” He caught himself up short. “Verbally fighting, I mean.”

“What started this verbal argument?”

“Nothing important. Money trouble. I wanted to buy a Ferrari, and Ruth couldn’t see any sense in it.”

“A Ferrari motor car?”

“A racing car, yes. I asked her for the money. She said that she was tired of giving me money. I said that I was equally tired of taking it from her. Then it came out that she was going to leave me for somebody else.” One side of Cave’s mouth lifted in a sardonic smile. “Somebody who would love her for herself.”

“When did she plan to leave you?”

“As soon as she could get ready to go to Nevada. I told her to go ahead, that she was free to go whenever and wherever she wanted to go, with anybody that suited her.”

“And what did you do then?”

“I packed a few clothes and drove away in my car.”

“What time did you leave the house?”

“I don’t know exactly.”

“Was it dark when you went?”

“It was getting dark, but I didn’t have to use my headlights right away. It couldn’t have been later than eight o’clock.”

“And Mrs. Cave was alive and well when you left?”

“Certainly she was.”

“Was your parting friendly?”

“Friendly enough. She said good-bye and offered me some money. Which I didn’t take, incidentally. I didn’t take much of anything, except for bare essentials. I even left most of my clothes behind.”

“Why did you do that?”

“Because she bought them for me. They belonged to her. I thought perhaps her new man might have a use for them.”

“I see.”

Harvey’s voice was hoarse and unsteady. He turned away from Cave, and I could see that his face was flushed, either with anger or impatience. He said without looking at the prisoner, “Did the things you left behind include a gun?”

“Yes. A twelve-gauge double-barreled shotgun. I used it for shooting rabbits, mostly, in the hills behind the house.”

“Was it loaded?”

“I believe so. I usually kept it loaded.”

“Where did you leave your shotgun?”

“In the garage. I kept it there. Ruth didn’t like to have a gun in the house. She had a phobia–”

Harvey cut in quickly. “Did you also leave a pair of driving gloves, the gloves on the table here marked by the prosecution as Exhibit J?”

“I did. They were in the garage, too.”

“And the garage door – was it open or closed?”

“I left it open, I think. In any case, we never kept it locked.”

“Mr. Cave,” Harvey said in a deep voice, “did you kill your wife with the shotgun before you drove away?”

“I did not.” In contrast with Harvey’s, Cave’s voice was high and thin and unconvincing.

“After you left around eight o’clock, did you return to the house again that night?”

“I did not. I haven’t been back since, as a matter of fact, I was arrested in Los Angeles the following day.”

“Where did you spend the night – that is, after eight o’clock?”

“With a friend.”

The courtroom began to buzz again.

“What friend?” Harvey barked. He suddenly sounded like a prosecutor cross-examining a hostile witness.

Cave moved his mouth to speak, and hesitated. He licked his dry lips. “I prefer not to say.”

“Why do you prefer not to say?”

“Because it was a woman. I don’t want to involve her in this mess.”

Harvey swung away from the witness abruptly and looked up at the judge. The judge admonished the jury not to discuss the case with anyone, and adjourned the trial until two o’clock.

I watched the jurors file out. Not one of them looked at Glenway Cave. They had seen enough of him.

Harvey was the last man to leave the well of the courtroom. I waited for him at the little swinging gate which divided it from the spectators’ section. He finished packing his briefcase and came towards me, carrying the case as if it was weighted.

“Mr. Harvey, can you give me a minute?”

He started to brush me off with a weary gesture, then recognized my face. “Lew Archer? What brings you here?”

“It’s what I want to talk to you about.”

“This case?”

I nodded. “Are you going to get him off?”

“Naturally I am. He’s innocent.” But his voice echoed hollowly in the empty room and he regarded me doubtfully. “You wouldn’t be snooping around for the prosecution?”

“Not this time. The person who hired me believes that Cave is innocent. Just as you do.”

“A woman?”

“You’re jumping to conclusions, aren’t you?”

“When the sex isn’t indicated, it’s usually a woman. Who is she, Archer?”

“I wish I knew.”

“Come on now.” His square pink hand rested on my arm. “You don’t accept anonymous clients any more than I do.”

“This one is an exception. All I know about her is that she’s anxious to see Cave get off.”

“So are we all.” His bland smile tightened. “Look, we can’t talk here. Walk over to the office with me. I’ll have a couple of sandwiches sent up.”

He shifted his hand to my elbow and propelled me towards the door. The dark-eyed woman with the artificial violets at her waist was waiting in the corridor. Her opaque gaze passed over me and rested possessively on Harvey.

“Surprise.” Her voice was low and throaty to match her boyish look. “You’re taking me to lunch.”

“I’m pretty busy, Rhea. And I thought you were going to stay home today.”

“I tried to. Honestly. But my mind kept wandering off to the courthouse, so I finally up and followed it.” She moved towards him with a queer awkwardness, as if she was embarrassingly conscious of her body, and his. “Aren’t you glad to see me, darling?”

“Of course I’m glad to see you,” he said, his tone denying the words.

“Then take me to lunch.” Her white-gloved hand stroked his lapel. “I made a reservation at the club. It will do you good to get out in the air.”

“I told you I’m busy, Rhea. Mr. Archer and I have something to discuss.”

“Bring Mr. Archer along. I won’t get in the way. I promise.” She turned to me with a flashing white smile. “Since my husband seems to have forgotten his manners, I’m Rhea Harvey.”

She offered me her hand, and Harvey told her who I was. Shrugging his shoulders resignedly, he led the way outside to his bronze convertible. We turned towards the sea, which glimmered at the foot of the town like a fallen piece of sky.

“How do you think it’s going, Rod?” she said.

“I suppose it could have been worse. He could have got up in front of the judge and jury and confessed.”

“Did it strike you as that bad?”

“I’m afraid it was pretty bad.” Harvey leaned forward over the wheel in order to look around his wife at me. “Were you in on the debacle, Archer?”

“Part of it. He’s either very honest or very stupid.”

Harvey snorted. “Glen’s not stupid. The trouble is, he simply doesn’t care. He pays no attention to my advice. I had to stand there and ask the questions, and I didn’t know what crazy answers he was going to come up with. He seems to take a masochistic pleasure in wrecking his own chances.”

“It could be his conscience working on him,” I said.

His steely blue glance raked my face and returned to the road. “It could be, but it isn’t. And I’m not speaking simply as his attorney. I’ve known Glen Cave for a long time. We were roommates in college. Hell, I introduced him to his wife.”

“That doesn’t make him incapable of murder.”

“Sure, any man is capable of murder. That’s not my point. My point is that Glen is a sharp customer. If he had decided to kill Ruth for her money, he wouldn’t do it that way. He wouldn’t use his own gun. In fact, I doubt very much that he’d use a gun at all. Glen isn’t that obvious.”

“Unless it was a passional crime. Jealousy can make a man lose his sophistication.”

“Not Glen. He wasn’t in love with Ruth – never has been. He’s got about as much sexual passion as a flea.” His voice was edged with contempt. “Anyway, this tale of his about another man is probably malarkey.”

“Are you sure, Rod?”

He turned on his wife almost savagely. “No, I’m not sure. I’m not sure about anything. Glen isn’t confiding in me, and I don’t see how I can defend him if he goes on this way. I wish to God he hadn’t forced me into this. He knows as well as I do that trial work isn’t my forte. I advised him to get an attorney experienced in this sort of thing, and he wouldn’t listen. He said if I wouldn’t take on his case that he’d defend himself. And he flunked out of law school in his second year. What could I do?”

He stamped the accelerator, cutting in and out of the noon traffic on the ocean boulevard. Palm trees fled by like thin old wild-haired madmen racing along the edge of the quicksilver sea.

The beach club stood at the end of the boulevard, a white U-shaped building whose glass doors opened “For Members and Guests Only.” Its inner court contained a swimming pool and an alfresco dining space dotted with umbrella tables. Breeze-swept and sluiced with sunlight, it was the antithesis of the dim courtroom where Cave’s fate would be decided. But the shadow of the courtroom fell across our luncheon and leeched the color and flavor from the food.

Harvey pushed away his salmon salad, which he had barely disturbed, and gulped a second Martini. He called the waiter to order a third. His wife inhibited him with a barely perceptible shake of her head. The waiter slid away.

“This woman,” I said, “the woman he spent the night with. Who is she?”

“Glen told me hardly anything more than he told the court.” Harvey paused, half gagged by a lawyer’s instinctive reluctance to give away information, then forced himself to go on. “It seems he went straight from home to her house on the night of the shooting. He spent the night with her, from about eight-thirty until the following morning. Or so he claims.”

“Haven’t you checked his story?”

“How? He refused to say anything that might enable me to find her or identify her. It’s just another example of the obstacles he’s put in my way, trying to defend him.”

“Is this woman so important to his defense?”

“Crucial. Ruth was shot sometime around midnight. The p.m. established that through the stomach contents. And at that time, if he’s telling the truth, Glen was with a witness. Yet he won’t let me try to locate her, or have her subpoenaed. It took me hours of hammering at him to get him to testify about her at all, and I’m not sure that wasn’t a mistake. That miserable jury–” His voice trailed off. He was back in court fighting his uphill battle against the prejudices of a small elderly city.

And I was back on the pavement in front of the airport, listening to a woman’s urgent whisper: You’ll have to give me a yes or no. I’ve made up my mind to go by your decision.

Harvey was looking away across the captive water, fish-netted under elastic strands of light. Under the clear September sun I could see the spikes of gray in his hair, the deep small scars of strain around his mouth.

“If I could only lay my hands on the woman.” He seemed to be speaking to himself, until he looked at me from the corners of his eyes. “Who do you suppose she is?”

“How would I know?”

He leaned across the table confidentially. “Why be so cagey, Archer? I’ve let down my hair.”

“This particular hair doesn’t belong to me.”

I regretted the words before I had finished speaking them.

Harvey said, “When will you see her?”

“You’re jumping to conclusions again.”

“If I’m wrong, I’m sorry. If I’m right, give her a message for me. Tell her that Glen – I hate to have to say this, but he’s in jeopardy. If she likes him well enough to–”

“Please, Rod.” Rhea Harvey seemed genuinely offended. “There’s no need to be coarse.”

I said, “I’d like to talk to Cave before I do anything. I don’t know that it’s the same woman. Even if it is, he may have reasons of his own for keeping her under wraps.”

“You can probably have a few minutes with him in the courtroom.” He looked at his wristwatch and pushed his chair back violently. “We better get going. It’s twenty to two now.”

We went along the side of the pool, back toward the entrance. As we entered the vestibule, a woman was just coming in from the boulevard. She held the heavy plate-glass door for the little flaxen-haired girl who was trailing after her.

Then she glanced up and saw me. Her dark harlequin glasses flashed in the light reflected from the pool. Her face became disorganized behind the glasses. She turned on her heel and started out, but not before the child had smiled at me and said: “Hello. Are you coming for a ride?” Then she trotted out after her mother.

Harvey looked quizzically at his wife. “What’s the matter with the Kilpatrick woman?”

“She must be drunk. She didn’t even recognize us.”

“You know her, Mrs. Harvey?”

“As well as I care to.” Her eyes took on a set, glazed expression – the look of congealed virtue faced with its opposite. “I haven’t seen Janet Kilpatrick for months. She hasn’t been showing herself in public much since her divorce.”

Harvey edged closer and gripped my arm. “Would Mrs. Kilpatrick be the woman we were talking about?”

“Hardly.”

“They seemed to know you.”

I improvised. “I met them on the Daylight one day last month, coming down from Frisco. She got plastered, and I guess she didn’t want to recall the occasion.”

That seemed to satisfy him. But when I excused myself, on the grounds that I thought I’d stay for a swim in the pool, his blue ironic glance informed me that he wasn’t taken in.

The receptionist had inch-long scarlet fingernails and an air of contemptuous formality. Yes, Mrs. Kilpatrick was a member of the club. No, she wasn’t allowed to give out members’ addresses. She admitted grudgingly that there was a pay telephone in the bar.

The barroom was deserted except for the bartender, a slim white-coated man with emotional Mediterranean eyes. I found Mrs. Janet Kilpatrick in the telephone directory: her address was 1201 Coast Highway. I called a taxi, and ordered a beer from the bartender.

He was more communicative than the receptionist. Sure, he knew Glenway Cave. Every bartender in town knew Glenway Cave. The guy was sitting at this very bar the afternoon of the same day he murdered his wife.

“You think he murdered her?”

“Everybody else thinks so. They don’t spend all that money on a trial unless they got the goods on them. Anyway, look at the motive he had.”

“You mean the man she was running around with?”

“I mean two million bucks.” He had a delayed reaction. “What man is that?”

“Cave said in court this morning that his wife was going to divorce him and marry somebody else.”

“He did, eh? You a newspaperman by any chance?”

“A kind of one.” I subscribed to several newspapers.

“Well, you can tell the world that that’s a lot of baloney. I’ve seen quite a bit of Mrs. Cave around the club. She had her own little circle, see, and you can take it from me she never even looked at other guys. He was always the one with the roving eye. What can you expect, when a young fellow marries a lady that much older than him?” His faint accent lent flavor to the question. “The very day of the murder he was making a fast play for another dame, right here in front of me.”

“Who was she?”

“I wouldn’t want to name names. She was pretty far gone that afternoon, hardly knew what she was doing. And the poor lady’s got enough trouble as it is. Take it from me.”

I didn’t press him. A minute later a horn tooted in the street.

A few miles south of the city limits a blacktop lane led down from the highway to Mrs. Kilpatrick’s house. It was a big old-fashioned redwood cottage set among trees and flowers above a bone-white beach. The Cadillac was parked beside the vine-grown verandah, like something in a four-color advertisement. I asked my driver to wait, and knocked on the front door.

A small rectangular window was set into the door. It slid open, and a green eye gleamed like a flawed emerald through the aperture.

“You,” she said in a low voice. “You shouldn’t have come here.”

“I have some questions for you, Mrs. Kilpatrick. And maybe a couple of answers. May I come in?”

She sighed audibly. “If you must.” She unlocked the door and stood back to let me enter. “You will be quiet, won’t you? I’ve just put Janie to bed for her afternoon nap.”

There was a white silk scarf draped over her right hand, and under the silk a shape which contrasted oddly with her motherly concern – the shape of a small hand gun.

“You’d better put that thing away. You don’t need it, do you?”

Her hand moved jerkily. The scarf fell from the gun and drifted to the floor. It was a small blue revolver. She looked at it as if it had somehow forced its way into her fist, and put it down on the telephone table.

“I’m sorry. I didn’t know who was at the door. I’ve been so worried and frightened–”

“Who did you think it was?”

“Frank, perhaps, or one of his men. He’s been trying to take Janie away from me. He claims I’m not a fit mother. And maybe I’m not,” she added in the neutral tones of despair. “But Frank is worse.”

“Frank is your husband?”

“My ex-husband. I got a divorce last year and the court gave me custody of Janie. Frank has been fighting the custody order ever since. Janie’s grandmother left her a trust fund, you see. That’s all Frank cares about. But I’m her mother.”

“I think I see what it’s all about,” I said. “Correct me if I’m wrong. Cave spent the night with you – the night he was supposed to have shot his wife. But you don’t want to testify at his trial. It would give your ex-husband legal ammunition to use in the custody fight for Janie.”

“You’re not wrong.” She lowered her eyes, not so much in shame as in submission to the facts. “We got talking in the bar at the club that afternoon. I hardly knew him, but I – well, I was attracted to him. He asked if he could come and see me that night. I was feeling lonely, very low and lonely. I’d had a good deal to drink. I let him come.”

“What time did he arrive?”

“Shortly after eight.”

“And he stayed all night?”

“Yes. He couldn’t have killed Ruth Cave. He was with me. You can understand why I’ve been quietly going crazy since they arrested him – sitting at home and biting on my nails and wondering what under heaven I should do.” Her eyes came up like green searchlights under her fair brow. “What shall I do, Mr. Archer?”

“Sit tight for a while yet. The trial will last a few more days. And he may be acquitted.”

“But you don’t think he will be, do you?”

“It’s hard to say. He didn’t do too well on the stand this morning. On the other hand, the averages are with him, as he seems to realize. Very few innocent men are convicted of murder.”

“He didn’t mention me on the stand?”

“He said he was with a woman, no names mentioned. Are you two in love with each other, Mrs. Kilpatrick?”

“No, nothing like that. I was simply feeling sorry for myself that night. I needed some attention from a man. He was a piece of flotsam and I was a piece of jetsam and we were washed together in the dark. He did get rather – emotional at one point, and said that he would like to marry me. I reminded him that he had a wife.”

“What did he say to that?”

“He said his wife wouldn’t live forever. But I didn’t take him seriously. I haven’t even seen him since that night. No, I’m not in love with him. If I let him die, though, for something I know he didn’t do – I couldn’t go on living with myself.” She added, with a bitter grimace, “It’s hard enough as it is.”

“But you do want to go on living.”

“Not particularly. I have to because Janie needs me.”

“Then stay at home and keep your doors locked. It wasn’t smart to go to the club today.”

“I know. I needed a drink badly. I’m out of liquor, and it was the nearest place. Then I saw you and I panicked.”

“Stay panicked. Remember if Cave didn’t commit that murder, somebody else did – and framed him for it. Somebody who is still at large. What do you drink, by the way?”

“Anything. Scotch, mostly.”

“Can you hold out for a couple of hours?”

“If I have to.” She smiled, and her smile was charming. “You’re very thoughtful.”

When I got back to the courtroom, the trial was temporarily stalled. The jury had been sent out, and Harvey and the D.A. were arguing in front of the judge’s bench. Cave was sitting by himself at the far end of the long attorneys’ table. A sheriff’s deputy with a gun on his thigh stood a few feet behind him, between the red-draped windows.

Assuming a self-important legal look, I marched through the swinging gate into the well of the courtroom and took the empty chair beside Cave. He looked up from the typed transcript he was reading. In spite of his prison pallor he was a good-looking man. He had a boyish look about him and the kind of curly brown hair that women are supposed to love to run their fingers through. But his mouth was tight, his eyes dark and piercing.

Before I could introduce myself, he said, “You the detective Rod told me about?”

“Yes. Name is Archer.”

“You’re wasting your time, Mr. Archer, there’s nothing you can do for me.” His voice was a dull monotone, as if the cross-examination had rolled over his emotions and left them flat.

“It can’t be that bad, Cave.”

“I didn’t say it was bad. I’m doing perfectly well, and I know what I’m doing.”

I held my tongue. It wouldn’t do to tell him that his own lawyer had lost confidence in his case. Harvey’s voice rose sharp and strained above the courtroom mutter, maintaining that certain questions were irrelevant and immaterial.

Cave leaned towards me and his voice sank lower. “You’ve been in touch with her?”

“She brought me into the case.”

“That was a rash thing for her to do, under the circumstances. Or don’t you know the circumstances?”

“I understand that if she testifies she risks losing her child.”

“Exactly. Why do you think I haven’t had her called? Go back and tell her that I’m grateful for her concern but I don’t need her help. They can’t convict an innocent man. I didn’t shoot my wife, and I don’t need an alibi to prove it.”

I looked at him, admiring his composure. The armpits of his gabardine suit were dark with sweat. A fine tremor was running through him.

“Do you know who did shoot her, Cave?”

“I have an opinion. We won’t go into it.”

“Her new man?”

“We won’t go into it,” he repeated, and buried his aquiline nose in the transcript.

The judge ordered the bailiff to bring in the jury. Harvey sat down beside me, looking disgruntled, and Cave returned to the witness stand.

What followed was moral slaughter. The D.A. forced Cave to admit that he hadn’t had gainful employment since his release from the army, that his sole occupations were amateur tennis and amateur acting, and that he had no means of his own. He had been completely dependent on his wife’s money since their marriage in 1946, and had used some of it to take extended trips in the company of other women.

The prosecutor turned his back on Cave in histrionic disgust. “And you’re the man who dares to impugn the morals of your dead wife, the woman who gave you everything.”

Harvey objected. The judge instructed the D.A. to rephrase his “question.”

The D.A. nodded, and turned on Cave. “Did you say this morning that there was another man in Mrs. Cave’s life?”

“I said it. It was true.”

“Do you have anything to confirm that story?”

“No.”

“Who is this unknown vague figure of a man?”

“I don’t know. All I know is what Ruth told me.”

“She isn’t here to deny it, is she? Tell us frankly now, Mr. Cave, didn’t you invent this man? Didn’t you make him up?”

Cave’s forehead was shining with sweat. He took a handkerchief out of his breast pocket and wiped his forehead, then his mouth. Above the white fabric masking his lower face, he looked past the D.A. and across the well of the courtroom. There was silence for a long moment.

Then Cave said mildly, “No, I didn’t invent him.”

“Does this man exist outside your fertile brain?”

“He does.”

“Where? In what guise? Who is he?”

“I don’t know,” Cave said on a rising note. “If you want to know, why don’t you try and find him? You have plenty of detectives at your disposal.”

“Detectives can’t find a man who doesn’t exist. Or a woman either, Mr. Cave.”

The D.A. caught the angry eye of the judge, who adjourned the trial until the following morning. I bought a fifth of scotch at a downtown liquor store, caught a taxi at the railroad station, and rode south out of town to Mrs. Kilpatrick’s house.

When I knocked on the door of the redwood cottage, someone fumbled the inside knob. I pushed the door open. The flaxen-haired child looked up at me, her face streaked with half-dried tears.

“Mummy won’t wake up.”

I saw the red smudge on her knee, and ran in past her. Janet Kilpatrick was prone on the floor of the hallway, her bright hair dragging in a pool of blood. I lifted her head and saw the hole in her temple. It had stopped bleeding.

Her little blue revolver lay on the floor near her lax hand. One shot had been fired from the cylinder.

The child touched my back. “Is Mummy sick?”

“Yes, Janie. She’s sick.”

“Get the doctor,” she said with pathetic wisdom.

“Wasn’t he here?”

“I don’t know. I was taking my nap.”

“Was anybody here, Janie?”

“Somebody was here. Mummy was talking to somebody. Then there was a big bang and I came downstairs and Mummy wouldn’t wake up.”

“Was it a man?”

She shook her head.

“A woman, Janie?”

The same mute shake of her head. I took her by the hand and led her outside to the cab. The dazzling postcard scene outside made death seem unreal. I asked the driver to tell the child a story, any story so long as it was cheerful. Then I went back into the grim hallway and used the telephone.

I called the sheriff’s office first. My second call was to Frank Kilpatrick in Pasadena. A manservant summoned him to the telephone. I told him who I was and where I was and who was lying dead on the floor behind me.

“How dreadful!” He had an Ivy League accent, somewhat withered by the coastal sun. “Do you suppose that Janet took her own life? She’s often threatened to.”

“No,” I said, “I don’t suppose she took her own life. Your wife was murdered.”

“What a tragic thing!”

“Why take it so hard, Kilpatrick? You’ve got the two things you wanted – your daughter, and you’re rid of your wife.”

It was a cruel thing to say, but I was feeling cruel. I made my third call in person, after the sheriff’s men had finished with me.

The sun had fallen into the sea by then. The western side of the sky was scrawled with a childish finger-painting of colored cirrus clouds. Twilight flowed like iron-stained water between the downtown buildings. There were lights on the second floor of the California-Spanish building where Harvey had his offices.

Harvey answered my knock. He was in shirtsleeves and his tie was awry. He had a sheaf of papers in his hand. His breath was sour in my nostrils.

“What is it, Archer?”

“You tell me, lover-boy.”

“And what is that supposed to mean?”

“You were the one Ruth Cave wanted to marry. You were going to divorce your respective mates and build a new life together – with her money.”

He stepped backward into the office, a big disordered man who looked queerly out of place among the white-leather and black-iron furniture, against the limed-oak paneling. I followed him in. An automatic door closer shushed behind me.

“What in hell is this? Ruth and I were good friends and I handled her business for her – that’s all there was to it.”

“Don’t try to kid me, Harvey. I’m not your wife, and I’m not your judge… I went to see Janet Kilpatrick a couple of hours ago.”

“Whatever she said, it’s a lie.”

“She didn’t say a word, Harvey. I found her dead.”

His eyes grew small and metallic, like nailheads in the putty of his face. “Dead? What happened to her?”

“She was shot with her own gun. By somebody she let into the house, somebody she wasn’t afraid of.”

“Why? It makes no sense.”

“She was Cave’s alibi, and she was on the verge of volunteering as a witness. You know that, Harvey – you were the only one who did know, outside of Cave and me.”

“I didn’t shoot her. I had no reason to. Why would I want to see my client convicted?”

“No, you didn’t shoot her. You were in court at the time that she was shot – the world’s best alibi.”

“Then why are you harassing me?”

“I want the truth about you and Mrs. Cave.”

Harvey looked down at the papers in his hand, as if they might suggest a line to take, an evasion, a way out. Suddenly his hands came together and crushed the papers into a misshapen ball.

“All right, I’ll tell you. Ruth was in love with me. I was – fond of her. Neither of us was happily married. We were going to go away together and start over. After we got divorces, of course,”

“Uh-huh. All very legal.”

“You don’t have to take that tone. A man has a right to his own life.”

“Not when he’s already committed his life.”

“We won’t discuss it. Haven’t I suffered enough? How do you think I felt when Ruth was killed?”

“Pretty bad, I guess. There went two million dollars.”

He looked at me between narrowed lids, in a fierce extremity of hatred. But all that came out of his mouth was a weak denial. “At any rate, you can see I didn’t kill her. I didn’t kill either of them.”

“Who did?”

“I have no idea. If I did, I’d have had Glen out of jail long ago.”

“Does Glen know?”

“Not to my knowledge.”

“But he knew that you and his wife had plans?”

“I suppose he did – I’ve suspected it all along.”

“Didn’t it strike you as odd that he asked you to defend him, under the circumstances?”

“Odd, yes. It’s been terrible for me, the most terrible ordeal.”

Maybe that was Cave’s intention, I thought, to punish Harvey for stealing his wife. I said, “Did anybody besides you know that Janet Kilpatrick was the woman? Did you discuss it with anybody?”

He looked at the thick pale carpeting between his feet. I could hear an electric clock somewhere in the silent offices, whirring like the thoughts in Harvey’s head. Finally he said, “Of course not,” in a voice that was like a crow cawing.

He walked with an old man’s gait into his private office. I followed and saw him open a desk drawer. A heavy automatic appeared in his hand. But he didn’t point it at me. He pushed it down inside the front of his trousers and put on his suit jacket.

“Give it to me, Harvey. Two dead women are enough.”

“You know then?”

“You just told me. Give me that gun.”

He gave it to me. His face was remarkably smooth and blank. He turned his face away from me and covered it with his hands. His entire body hiccuped with dry grief. He was like an overgrown child who had lived on fairy tales for a long time and now couldn’t stomach reality.

The telephone on the desk chirred. Harvey pulled himself together and answered it.

“Sorry, I’ve been busy, preparing for re-direct… Yes, I’m finished now… Of course I’m all right. I’m coming home right away.”

He hung up and said, “That was my wife.”

She was waiting for him at the front door of his house. The posture of waiting became her narrow, sexless body, and I wondered how many years she had been waiting.

“You’re so thoughtless, Rod,” she chided him. “Why didn’t you tell me you were bringing a guest for dinner?” She turned to me in awkward graciousness. “Not that you’re not welcome, Mr. Archer.”

Then our silence bore in on her. It pushed her back into the high white Colonial hallway. She took up another pose and lit a cigarette with a little golden lighter shaped like a lipstick. Her hands were steady, but I could see the sharp edges of fear behind the careful expression on her face.

“You both look so solemn. Is something wrong?”

“Everything is wrong, Rhea.”

“Why, didn’t the trial go well this afternoon?”

“The trial is going fine. Tomorrow I’m going to ask for a directed acquittal. What’s more, I’m going to get it. I have new evidence.”

“Isn’t that grand?” she said in a bright and interested tone. “Where on earth did you dig up the new evidence?”

“In my own backyard. All these months I’ve been so preoccupied trying to cover up my own sordid little secret that it never occurred to me that you might have secrets, too.”

“What do you mean?”

“You weren’t at the trial this afternoon. Where were you? What were you doing?”

“Errands – I had some errands. I’m sorry, I didn’t realize you – wanted me to be there.”

Harvey moved towards her, a threat of violence in the set of his shoulders. She backed against a closed white door. I stepped between them and said harshly, “We know exactly where you were, Mrs. Harvey. You went to see Janet Kilpatrick. You talked your way into her house, picked up a gun from the table in the hall, and shot her with it. Didn’t you?”

The flesh of her face was no more than a stretched membrane.

“I swear, I had no intention – All I intended to do was talk to her. But when I saw that she realized, that she knew–”

“Knew what, Mrs. Harvey?”

“That I was the one who killed Ruth. I must have given myself away, by what I said to her. She looked at me, and I saw that she knew. I saw it in her eyes.”

“So you shot her?”

“Yes. I’m sorry.” She didn’t seem to be fearful or ashamed. The face she turned on her husband looked starved, and her mouth moved over her words as if they were giving her bitter nourishment. “But I’m not sorry for the other one, for Ruth. You shouldn’t have done it to me, Rod. I warned you, remember? I warned you when I caught you with Anne that if you ever did it to me again – I would kill the woman. You should have taken me seriously.”

“Yes,” he said drearily. “I guess I should have.”

“I warned Ruth, too, when I learned about the two of you.”

“How did you find out about it, Mrs. Harvey?”

“The usual way – an anonymous telephone call. Some friend of mine, I suppose.”

“Or your worst enemy. Do you know who it was?”

“No. I didn’t recognize the voice. I was still in bed, and the telephone call woke me up. He said – it was a man – he said that Rod was going to divorce me, and he told me why. I went to Ruth that very morning – Rod was out of town – and I asked her if it was true. She admitted it was. I told her flatly I’d kill her unless she gave you up, Rod. She laughed at me. She called me a crazy woman.”

“She was right.”

“Was she? If I’m insane, I know what’s driven me to it. I could bear the thought of the other ones. But not her! What made you take up with her, Rod – what made you want to marry that gray-haired old woman? She wasn’t even attractive, she wasn’t nearly as attractive as I am.”

“She was well-heeled,” I said.

Harvey said nothing.

Rhea Harvey dictated and signed a full confession that night. Her husband wasn’t in court the following morning. The D.A. himself moved for a directed acquittal, and Cave was free by noon. He took a taxi directly from the courthouse to the home of his late wife. I followed him in a second taxi. I still wasn’t satisfied.

The lawns around the big country house had grown knee-high and had withered in the summer sun. The gardens were overgrown with rank flowers and ranker weeds. Cave stood in the drive for a while after he dismissed his taxi, looking around the estate he had inherited. Finally he mounted the front steps.

I called him from the gate. “Wait a minute, Cave.”

He descended the steps reluctantly and waited for me, a black scowl twisting his eyebrows and disfiguring his mouth. But they were smooth and straight before I reached him.

“What do you want?”

“I was just wondering how it feels.”

He smiled with boyish charm. “To be a free man? It feels wonderful. I guess I owe you my gratitude, at that. As a matter of fact, I was planning to send you a check.”

“Save yourself the trouble. I’d send it back.”

“Whatever you say, old man.” He spread his hands disarmingly. “Is there something else I can do for you?”

“Yes. You can satisfy my curiosity. All I want from you is a yes or no.” The words set up an echo in my head, an echo of Janet Kilpatrick’s voice. “Two women have died and a third is on her way to prison or the state hospital. I want to hear you admit your responsibility.”

“Responsibility? I don’t understand.”

“I’ll spell it out for you. The quarrel you had with your wife didn’t occur on the nineteenth, the night she was murdered. It came earlier, maybe the night before. And she told you who the man was.”

“She didn’t have to tell me. I’ve known Rod Harvey for years, and all about him.”

“Then you must have known that Rhea Harvey was insanely jealous of her husband. You thought of a way to put her jealousy to work for you. It was you who telephoned her that morning. You disguised your voice, and told her what her husband and your wife were planning to do. She came to this house and threatened your wife. No doubt you overheard the conversation. Seeing that your plan was working, you left your loaded shotgun where Rhea Harvey could easily find it and went down to the beach club to establish an alibi. You had a long wait at the club, and later at Janet Kilpatrick’s house, but you finally got what you were waiting for.”

“They also serve who only stand and wait.”

“Does it seem so funny to you, Cave? You’re guilty of conspiracy to commit murder.”

“I’m not guilty of anything, old man. Even if I were, there’s nothing you could possibly do about it. You heard the court acquit me this morning, and there’s a little rule of law involving double jeopardy.”

“You were taking quite a risk, weren’t you?”

“Not so much of a risk. Rhea’s a very unstable woman, and she had to break down eventually, one way or the other.”

“Is that why you asked Harvey to defend you, to keep the pressure on Rhea?”

“That was part of it.” A sudden fury of hatred went through him, transfiguring his face. “Mostly I wanted to see him suffer.”

“What are you going to do now, Cave?”

“Nothing. I plan to take it easy. I’ve earned a rest. Why?”

“A pretty good woman was killed yesterday on account of you. For all I know you planned that killing the same way you planned the other. In any case, you could have prevented it.”

He saw the mayhem in my eyes and backed away. “Take it easy, Archer. Janet was no great loss to the world, after all.”

My fist smashed his nervous smile and drove the words down his throat. He crawled away from me, scrambled to his feet and ran, jumping over flowerbeds and disappearing around the corner of the house. I let him go.

A short time later I heard that Cave had been killed in a highway accident near Palm Springs. He was driving a new Ferrari at the time.

THE END