12

PETTIGREW, THE SQUINT-EYED sheriff, shook his head and drawled, “Thank you just the same. I got stuck in the mud and had to flounder around and I’d get that chair all dirty. I’m a pretty good stander anyhow.”

My friend Barry Tolman didn’t look any too neat himself, but he wasn’t muddy and so he hadn’t hesitated about taking a seat. It was 8:10 Thursday morning. I felt like the last nickel in a crap game, because like a darned fool I had undraped myself a little after five o’clock and got under the covers, leaving a call for 7:30, and hauling myself out again after only two hours had put me off key for good. Wolfe was having breakfast in the big chair, with a folding table pulled up to him, in a yellow dressing gown, with his face shaved and his hair combed. He possessed five yellow dressing gowns and we had brought along the light woolen one with brown lapels and a brown girdle. He had on a necktie, too.

Tolman said, “As I told you on the phone, I’m supposed to be in court at 9:30. If necessary my assistant can get a postponement, but I’d like to make it if possible. Can’t you rush it?”

Wolfe was sipping at his cocoa for erosion on the bite of roll he had taken. When that was disposed of he said, “It depends a good deal on you, sir. It was impossible for me to go to Quinby, as I said, for reasons that will appear. I’ll do all I can to hurry it. I haven’t been to bed-”

“You said you have information-”

“I have. But the circumstances require a preamble. I take it that you arrested Mr. Berin only because you were convinced he was guilty. You don’t especially fancy him as a victim. If strong doubt were cast on his guilt-”

“Certainly.” Tolman was impatient. “I told you-”

“So you did. Now let’s suppose something. Suppose that a lawyer has been retained to represent Mr. Berin, and I have been engaged to discover evidence in Berin’s defense. Suppose further that I have discovered such evidence, of a weight that would lead inevitably to his acquittal when you put him on trial, and it is felt that it would be imprudent to disclose that evidence to you, the enemy, for the present. Suppose you demand that I produce that evidence now. It’s true, isn’t it, that you couldn’t legally enforce that demand? That such evidence is our property until the time we see fit to make use of it-provided you don’t discover it independently for yourselves?”

Tolman was frowning. “That’s true, of course. But damn it, I’ve told you that if the evidence against Berin can be explained-”

“I know. I offer, here and now, an explanation that will clear him; but I offer it on conditions.”

“What are they?”

Wolfe sipped cocoa and wiped his lips. “They’re not onerous. First, that if the explanation casts strong doubt on Berin’s guilt, he is to be released immediately.”

“Who will decide how strong the doubt is?”

“You.”

“All right, I agree. The court is sitting and it can be done in five minutes.”

“Good. Second, you are to tell Mr. Berin that I discovered the evidence which set him free, I am solely responsible for it, and God only knows what would have happened to him if I hadn’t done it.”

Tolman, still frowning, opened his mouth, but the sheriff put in, “Now wait, Barry. Hold your horses.” He squinted down at Wolfe. “If you’ve really got this evidence it must be around somewhere. I suppose we’re pretty slow out here in West Virginia-”

“Mr. Pettigrew. Please. I’m not talking about the public credit, I’m not interested in it. Tell the newspaper men whatever you want to. But Mr. Berin is to know, unequivocally, that I did it, and Mr. Tolman is to tell him so.”

Tolman asked, “Well, Sam?”

The sheriff shrugged. “I don’t give a damn.”

“All right,” Tolman told Wolfe. “I agree to that.”

“Good.” Wolfe set the cocoa cup down. “Third, it is understood that I am leaving for New York at 12:40 to-night and under no circumstances-short of a suspicion that I killed Mr. Laszio myself or was an accomplice-am I to be detained.”

Pettigrew said good-humoredly, “You go to hell.”

“No, not hell.” Wolfe sighed. “New York.”

Tolman protested, “But what if this evidence makes you a material and essential witness?”

“It doesn’t, you must take my word for that. I’m preparing to take yours for several things. I give you my word that within thirty minutes you’ll know everything of significance that I know regarding that business in the dining room. I want it agreed that I won’t be kept here beyond my train time merely because it is felt I might prove useful. Anyway, I assure you that under those circumstances I wouldn’t be useful at all; I would be an insufferable nuisance. Well, sir?”

Tolman hesitated, and finally nodded. “Qualified as you put it, I agree.”

If there is a way a canary bird sighs when you let it out of a cage, Wolfe sighed like that. “Now, sir. The fourth and last condition is a little vaguer than the others, but I think it can be defined. The evidence that I am going to give you was brought to me by two men. I led up to its disclosure by methods which seemed likely to be effective, and they were so. You will resent it that these gentlemen didn’t give you these facts when they had an opportunity, and I can’t help that. I can’t estop your feelings, but I can ask you to restrain them, and I have promised to do so. I want your assurance that the gentlemen will not be bullied, badgered or abused, nor be deprived of their freedom, nor in any way persecuted. This is predicated on the assumption that they are merely witnesses and have no share whatever in the guilt of the murder.”

The sheriff said, “Hell, mister, we don’t abuse people.”

“Bullied, badgered, abused, deprived of freedom, persecuted, all excluded. Of course you’ll question them as much as you please.”

Tolman shook his head. “They’ll be material witnesses. They might leave the state. In fact, they will. You’re going to, to-night.”

“You can put them under bond to remain.”

“Until the trial.”

Wolfe wiggled a finger. “Not Mr. Berin’s trial.”

“I don’t mean Berin. If this evidence is as good as you say it is. But you can be damn sure there’s going to be a trial.”

“I sincerely hope so.” Wolfe was breaking off a piece of roll and buttering it. “What about it, sir? Since you want to get to court. I’m not asking much; merely a decent restraint with my witnesses. Otherwise you’ll have to try to dig them out for yourself, and in the meantime the longer you hold Mr. Berin the more foolish you’ll look in the end.”

“Very well.” The blue-eyed athlete nodded. “I agree.”

“To the condition as I have stated it?”

“Yes.”

“Then the preamble is finished.-Archie, bring them in.”

I smothered a yawn as I lifted myself up and went to my room to get them. They had been in there overlooking progress while I had dressed-Wolfe having had a telephone plugged in in his own chamber, and done his own assembling for the morning meeting, during my nap. They had reported in livery. Paul Whipple looked wide awake and defiant, and Moulton, the headwaiter, sleepy and nervous. I told them the stage was set, and let them precede me.

Wolfe told me to push chairs around, and Moulton jumped to help me. Tolman was staring. Pettigrew exclaimed, “Well I’ll be damned! It’s a couple of niggers! Hey, you, take that chair!” He turned to Wolfe with a grievance: “Now listen, I questioned all those boys, and by God if they-”

Wolfe snapped, “These are my witnesses. Mr. Tolman wants to get to court. I said you’d resent it, didn’t I? Go ahead, but keep it to yourself.” He turned to the college boy. “Mr. Whipple, I think we’ll have your story first. Tell these gentlemen what you told me last night.”

Pettigrew had stepped forward with a mean eye. “We don’t mister niggers here in West Virginia, and we don’t need anybody coming down here to tell us-”

“Shut up, Sam!” Tolman was snappy too. “We’re wasting time.-Your name’s Whipple? What do you do?”

“Yes, sir.” The boy spoke evenly. “I’m a waiter. Mr. Servan put me on duty at Pocahontas Pavilion Tuesday noon.”

“What have you got to say?”

The upshot of it was that Tolman couldn’t have got to court on time, for it was after nine-thirty when he left Kanawha Spa. It took only a quarter of an hour to get all the details of the two stories, but they went on from there, or rather, back and around. Tolman did a pretty good job of questioning, but Pettigrew was too mad to be of much account. He kept making observations about how educated Whipple thought he was, and how he knew what kind of lessons it was that Whipple really needed. Tolman kept pushing the sheriff off and doing some real cross-examining, and twice or thrice I saw Wolfe, who was finishing his breakfast at leisure, give a little nod as an acknowledgment of Tolman’s neat job. Whipple kept himself even-toned right through, but I could see him holding himself in when the sheriff made observations about his education and the kind of lessons he needed. Moulton started off jerky and nervous, but he smoothed off as he went along, and his only job was to stick to his facts in reply to Tolman’s questions, since Pettigrew was concentrating on Whipple.

Finally Tolman’s string petered out. He raised his brows at Wolfe, glanced at the sheriff, and looked back again at Moulton with a considering frown.

Pettigrew demanded, “Where did you boys leave your caps? We’ll have to take you down to Quinby with us.”

Wolfe was crisp right away. “Oh, no. Remember the agreement. They stay here on their jobs. I’ve spoken with Mr. Servan about that.”

“I don’t give a damn if you’ve spoken with Ashley himself. They go to jail till they get bond.”

Wolfe’s eyes moved. “Mr. Tolman?”

“Well… it was agreed they could be put under bond.”

“But that was when you supposed that they were persons who were likely to leave your jurisdiction. These men have jobs here; why should they leave? Mr. Moulton has a wife and children. Mr. Whipple is a university man.” He looked at the sheriff. “Your assumption that you know how to deal with colored men and I don’t is impertinent nonsense. Tuesday night, as an officer of the law engaged in the investigation of a crime, at which you are supposed to be expert, you questioned these men and failed to learn anything. You didn’t even have your suspicions aroused. Last night I had a talk with them and uncovered vital information regarding that crime. Surely you have enough intelligence to see how utterly discredited you are. Do you want your whole confounded county to know about it? Pfui!” He turned to the two greenjackets. “You men get out of here and go to your stations and get to work. You understand, of course, that Mr. Tolman will need your evidence and you will hold yourselves subject to his proper demands. If he requires bond, any lawyer can arrange it. Well, go on!”

Paul Whipple was already on his way to the door. Moulton hesitated only an instant, glancing at Tolman, and then followed. I got up and moseyed out to see that the outside door was shut behind them.

When I got back Pettigrew was in the middle of some remarks, using whatever words happened to come handy, regarding the tribal customs and personal habits of aborigines. Tolman was back on his shoulders with his hands thrust in his pockets, surveying Wolfe, and Wolfe was daintily collecting crumbs and depositing them on the fruit plate. Neither was paying any attention to the sheriff, and eventually he fizzed out.

Wolfe looked up. “Well, sir?”

Tolman nodded. “Yep, I guess you win. It looks like they’re telling the truth. They can make up fancy ones when they feel like it, but this doesn’t sound like their kind.” His blue eyes narrowed a little. “Of course, there’s something else to consider. I understand you’ve been appealed to, to get Berin clear, and also I’ve heard that you were offered a good commission to get Berin for the job that Laszio had. I learned that from Clay Ashley, who had it from his friend Liggett of the Hotel Churchill. Naturally that raises the question as to how far you yourself might go in discovering evidence that would free Berin.”

“You put it delicately.” The corners of Wolfe’s lips went up a little. “You mean manufacturing evidence. I assure you I’m not that stupid or that desperate, to bribe strangers to tell intricate lies. Besides, I would have had to bribe not two men, but fourteen. Those stories were uncovered in this room last night, in the presence of all the cooks and waiters on duty at Pocahontas Pavilion. You may question them all. No, sir; those stories are bona fide.” He upturned a palm. “But you know that; you put them to a good test. And now-since you were anxious to return to Quinby in time for your appearance in court-”

“Yeah, I know.” Tolman didn’t move. “This is a sweet mess now, this murder. If those niggers are telling it straight, and I guess they are, do you realize what it means? Among other things, it means that all of that bunch are out of it, except that fellow Blanc who says he was in his room. And he’s a stranger here, and how the devil could he have got hold of a Kanawha Spa uniform? If you eliminate him, all you’ve got left is the wide world.”

Wolfe murmured, “Yes, it’s a pretty problem. Thank goodness it isn’t mine. But as to our agreement-I’ve performed my part, haven’t I? Have I cast strong doubt on Mr. Berin’s guilt?”

The sheriff snorted. Tolman said shortly, “Yes. The fact that those sauce dishes were shifted around-certainly. But damn it, who shifted them?”

“I couldn’t say. Perhaps the murderer, or possibly Mr. Laszio himself, to make a fool of Berin.” Wolfe shrugged. “Quite a job for you. You will set Berin free this morning?”

“What else can I do? I can’t hold him now.”

“Good. Then if you don’t mind… since you’re in a hurry, and I haven’t been to bed…”

“Yeah.” Tolman stayed put. He sat with his hands still in his pockets, his legs stretched out, the toes of his shoes making little circles in the air. “A hell of a mess,” he declared after a silence. “Except for Blanc, there’s nowhere to begin. That nigger’s description might be almost anyone. Of course, it’s possible that it was a nigger that did it and used black gloves and burnt cork to throw us off, but what nigger around here could have any reason for wanting to kill Laszio?” He was silent again. Finally he abruptly sat up. “Look here. I’m not sorry you got Berin out of it, whether you made it into a mess or not. And I’ll meet the conditions I agreed to, including no interference with your leaving here tonight. But since you’re turning over evidence, what else have you got? I admit you’re good and you’ve made a monkey out of me on this Berin business-not to mention the sheriff here. Maybe you can come across with some more of the same. What more have you found out?”

“Nothing whatever.”

“Have you any idea who it was the niggers saw in the dining room?”

“None.”

“Do you think that Frenchman did it? Blanc?”

“I don’t know. I doubt it.”

“The Chinese woman who was outdoors-do you think she was mixed up in it?”

“No.”

“Do you think the radio being turned on at that particular time had anything to do with it?”

“Certainly. It drowned the noise of Laszio’s fall-and his outcry, if he made one.”

“But was it turned on purposely-for that?”

“I don’t know.”

Tolman frowned. “When I had Berin, or thought I had, I decided that the radio was a coincidence, or a circumstance that he took advantage of. Now that’s open again.” He leaned forward at Wolfe. “I want you to do something for me. I don’t pass for a fool, but I admit I’m a little shy on experience, and you’re not only an old hand, you’re recognized as one of the best there is. I’m not too proud to yell for help if I need it. It looks like the next step is a good session with Blanc, and I’d like to have you in on it. Better still, handle it yourself and let me sit and listen. Will you do that?”

“No, sir.”

Tolman was taken aback. “You won’t?”

“No. I won’t even discuss it. Confound it, I came down here for a holiday!” Wolfe made a face. “Monday night, on the train, I got no sleep. Tuesday night it was you who kept me up until four o’clock. Last night my engagement to clear Mr. Berin prevented my going to bed at all. This evening I am supposed to deliver an important address to a group of eminent men, on their own subject. I need the refreshment of sleep, and there is my bed. As for your interview with Mr. Blanc, I remind you that you agreed to free Mr. Berin immediately upon presentation of my evidence.”

He looked and sounded very final. The sheriff started to growl something, but I was called away by a knock on the door. I went to the foyer, telling myself that if it was anyone who was likely to postpone the refreshment of sleep any longer, I would lay him out with a healthy sock on the button and just leave him there.

Which might have done for Vukcic, big as he was, but I wouldn’t strike a woman merely because I was sleepy, and he was accompanied by Constanza Berin. I flung the door the rest of the way and she crossed the threshold. Vukcic began a verbal request, but she wasn’t bothering with amenities, she was going right ahead.

I reached for her and missed her. “Hey, wait a minute! We have company. Your friend Barry Tolman is in there.”

She wheeled on me. “Who?”

“You heard me. Tolman.”

She wheeled again and opened the door to Wolfe’s room and breezed on through. Vukcic looked at me and shrugged, and followed her, and I went along, thinking that if I needed a broom and dustpan I could get them later.

Tolman had jumped to his feet at sight of her. For two seconds he was white, then a nice pink, and then he started for her:

“Miss Berin! Thank God-”

An icy blast hit him and stopped him in his tracks with his mouth open. It wasn’t vocal; her look didn’t need any accompaniment. With him frozen, she turned a different look, practically as devastating, on Nero Wolfe:

“And you said you would help us! You said you would make them free my father!” Nothing but a superworm could deserve such scorn as that. “And it was you who suggested that about his list-about the sauces! I suppose you thought no one would know-”

“My dear Miss Berin-”

“Now everybody knows! It was you who brought the evidence against him! That evidence! And you pretending to Mr. Servan and Mr. Vukcic and me-”

I got Wolfe’s look and saw his lips moving at me, though I couldn’t hear him. I stepped across and gripped her arm and turned her. “Listen, give somebody a chance-”

She was pulling, but I held on. Wolfe said sharply, “She’s hysterical. Take her out of here.”

I felt her arm relax, and turned her loose, and she moved to face Wolfe again.

She told him quietly, “I’m not hysterical.”

“Of course you are. All women are. Their moments of calm are merely recuperative periods between outbursts. I want to tell you something. Will you listen?”

She stood and looked at him.

He nodded. “Thank you. I make this explanation because I don’t want unfriendliness from your father. I made the suggestion that the lists be compared with the correct list, not dreaming that it would result in implicating your father-in fact, thinking that it would help to clear him. Unfortunately it happened differently, and it became necessary to undo the mischief I had unwittingly caused. The only way to do that was to discover other evidence which would establish his innocence. I have done so. Your father will be released within an hour.”

Constanza stared at him, and went nearly as white as Tolman had on seeing her, and then her blood came back as his had done. She stammered, “But-but-I don’t believe it. I’ve just been over to that place-and they wouldn’t even let me see him-”

“You won’t have to go again. He will rejoin you here this morning. I undertook with you and Mr. Servan and Mr. Vukcic to clear your father of this ridiculous charge, and I have done that. The evidence has been give to Mr. Tolman. Don’t you understand what I’m saying?”

Apparently she was beginning to, and it was causing drastic internal adjustments. Her eyes were drawing together, diagonal creases were appearing from the corners of her nose to the corners of her mouth, her cheeks were slowly puffing up, and her chin began to move. She was going to cry, and it looked as if it might be a good one. For half a minute, evidently, she thought she was going to be able to stave it off; then all of a sudden she realized that she wasn’t. She turned and ran for the door. She got it open and disappeared. That galvanized Tolman. Without stopping for farewells he jumped for the door she had left open-and he was gone too.

Vukcic and I looked at each other. Wolfe sighed.

The sheriff made a move. “Admitting you’re smart,” he drawled at Wolfe, “and all that, if I was Barry Tolman you wouldn’t take the midnight or any other train out of here until certain details had been attended to.”

Wolfe nodded and murmured, “Good day, sir.”

He went, and banged the foyer door so hard behind him that I jumped. I sat down and observed, “My nerves are like fishing worms on hooks.” Vukcic sat down too.

Wolfe looked at him and inquired, “Well, Marko? I suppose we might as well say good morning. Is that what you came for?”

“No.” Vukcic ran his fingers through his hair. “It fell to me, more or less, to stand by Berin’s daughter, and when she wanted to drive to Quinby-that’s the town where the jail is-it was up to me to take her. Then they wouldn’t let her see him. If I had known you had already found evidence to clear him…” He shook himself. “By the way, what’s the evidence? If it isn’t a secret.”

“I don’t know whether it’s a secret or not. It doesn’t belong to me any more; I’ve handed it over to the authorities, and I suppose they should be permitted to decide about divulging it. I can tell you one thing that’s no secret: I didn’t get to bed last night.”

“Not at all?”

“No.”

Vukcic grunted. “You don’t look done up.” He ran his fingers through his hair again. “Listen, Nero. I’d like to ask you something. Dina came to see you last night. Didn’t she?”

“Yes.”

“What did she have to say? That is, if it’s proper to tell me.”

“You can judge of the propriety. She told me that she is a special kind of woman and that she thought that you thought that I suspected you of killing Laszio.” Wolfe grimaced. “And she patted me on the shoulder.”

Vukcic said angrily, “She’s a damned fool.”

“I suppose so. But a very dangerous fool. Of course, a hole in the ice offers peril only to those who go skating. This is none of my business, Marko, but you brought it up.”

“I know I did. What the devil made her think that I thought you suspected me of murdering Laszio?”

“Didn’t you tell her so?”

“No. Did she say I did?”

Wolfe shook his head. “She wasn’t on the road, she was winding around. She did say, however, that you told her of my questions about the radio and the dancing.”

Vukcic nodded gloomily, and was silent. At length he shook himself. “Yes, I had a talk with her. Two talks. There’s no doubt about her being dangerous. She gets… you must realize that she was my wife for five years. Again yesterday I had her close to me, I had her in my arms. It isn’t her tricks, I’m on to all her tricks, it’s the mere fact of what she is. You wouldn’t see that, Nero, or feel it, it wouldn’t have any effect on you, because you’ve put yourself behind a barricade. As you say, a hole in the ice is dangerous only to those who go skating. But damn it, what does life consist of if you’re afraid to take-”

“Marko!” Wolfe sounded peevish. “I’ve often told you that’s your worst habit. When you argue with yourself, do it inside your head; don’t pretend it’s me you’re persuading and shout platitudes at me. You know very well what life consists of, it consists of the humanities, and among them is a decent and intelligent control of the appetites which we share with dogs. A man doesn’t wolf a carcass or howl on a hillside from dark to dawn; he eats well-cooked food, when he can get it, in judicious quantities; and he suits his ardor to his wise convenience.”

Vukcic was standing up. He frowned and growled down at his old friend: “So I’m howling, am I?”

“You are and you know it.”

“Well. I’m sorry. I’m damned sorry.”

He turned on his heel and strode from the room.

I got up and went to the window to retrieve a curtain that had been whipped out by the draft from the opened door. In the thick shrubbery just outside a bird was singing, and I startled it. Then I went and planted myself in front of Wolfe. He had his eyes closed, and as I gazed at him his massive form went up with the leverage of a deep sigh, and down again.

I yawned and said, “Anyhow, thank the Lord they all made a quick exit. It’s moving along for ten o’clock, and you need sleep, not to mention me.”

He opened his eyes. “Archie. I have affection for Marko Vukcic. I hunted dragonflies with him in the mountains. Do you realize that that fool is going to let that fool make a fool of him again?”

I yawned. “Listen to you. If I did a sentence like that you’d send me from the room. You’re in bad shape. I tell you, we both need sleep. Did you mean it when you told Tolman that as far as this murder is concerned you’re not playing any more?”

“Certainly. Mr. Berin is cleared. We are no longer interested. We leave here to-night.”

“Okay. Then for God’s sake let’s go to bed.”

He closed his eyes and sighed again. It appeared that he wanted to sit and worry about Vukcic a while, and I couldn’t help him any with that, so I turned and started out, intending not only to display the DO NOT DISTURB but also to leave positive instructions with the greenjacket in the main hall. But just as I had my hand on the knob his voice stopped me.

“Archie. You’ve had more sleep than I have. I was about to say, we haven’t gone over that speech since we got here. I intended to rehearse it at least twice. Do you know which bag it’s in? Get it, please.”

If we had been in New York I would have quit the job.

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