diff options
Diffstat (limited to '1806-0.txt')
| -rw-r--r-- | 1806-0.txt | 1284 |
1 files changed, 1284 insertions, 0 deletions
diff --git a/1806-0.txt b/1806-0.txt new file mode 100644 index 0000000..557a1e2 --- /dev/null +++ b/1806-0.txt @@ -0,0 +1,1284 @@ +The Project Gutenberg EBook of The Frame Up, by Richard Harding Davis + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Frame Up + +Author: Richard Harding Davis + +Posting Date: October 5, 2008 [EBook #1806] +Release Date: May, 1999 +Last Updated: September 26, 2016 + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE FRAME UP *** + + + + +Produced by Aaron Cannon + + + + + +THE FRAME UP + +by Richard Harding Davis + + +When the voice over the telephone promised to name the man who killed +Hermann Banf, District Attorney Wharton was up-town lunching at +Delmonico’s. This was contrary to his custom and a concession to +Hamilton Cutler, his distinguished brother-in-law. That gentleman was +interested in a State constabulary bill and had asked State Senator +Bissell to father it. He had suggested to the senator that, in the legal +points involved in the bill, his brother-in-law would undoubtedly be +charmed to advise him. So that morning, to talk it over, Bissell had +come from Albany and, as he was forced to return the same afternoon, had +asked Wharton to lunch with him up-town near the station. + +That in public life there breathed a man with soul so dead who, were he +offered a chance to serve Hamilton Cutler, would not jump at the chance +was outside the experience of the county chairman. And in so judging his +fellow men, with the exception of one man, the senator was right. The +one man was Hamilton Cutler’s brother-in-law. + +In the national affairs of his party Hamilton Cutler was one of the four +leaders. In two cabinets he had held office. At a foreign court as an +ambassador his dinners, of which the diplomatic corps still spoke with +emotion, had upheld the dignity of ninety million Americans. He was +rich. The history of his family was the history of the State. When the +Albany boats drew abreast of the old Cutler mansion on the cast bank of +the Hudson the passengers pointed at it with deference. Even when the +search lights pointed at it, it was with deference. And on Fifth +Avenue, as the “Seeing New York” car passed his town house it slowed +respectfully to half speed. When, apparently for no other reason than +that she was good and beautiful, he had married the sister of a then +unknown up State lawyer, every one felt Hamilton Cutler had made his +first mistake. But, like every thing else into which he entered, for him +matrimony also was a success. The prettiest girl in Utica showed herself +worthy of her distinguished husband. She had given him children as +beautiful as herself; as what Washington calls “a cabinet lady” she had +kept her name out of the newspapers; as Madame L’Ambassatrice she had +put archduchesses at their ease; and after ten years she was an adoring +wife, a devoted mother, and a proud woman. Her pride was in believing +that for every joy she knew she was indebted entirely to her husband. +To owe everything to him, to feel that through him the blessings flowed, +was her ideal of happiness. + +In this ideal her brother did not share. Her delight in a sense of +obligation left him quite cold. No one better than himself knew that +his rapid-fire rise in public favor was due to his own exertions, to the +fact that he had worked very hard, had been independent, had kept his +hands clean, and had worn no man’s collar. Other people believed he owed +his advancement to his brother-in-law. He knew they believed that, +and it hurt him. When, at the annual dinner of the Amen Corner, they +burlesqued him as singing to “Ham” Cutler, “You made me what I am +to-day, I hope you’re satisfied,” he found that to laugh with the others +was something of an effort. His was a difficult position. He was a +party man; he had always worked inside the organization. The fact that +whenever he ran for an elective office the reformers indorsed him and +the best elements in the opposition parties voted for him did not shake +his loyalty to his own people. And to Hamilton Cutler, as one of his +party leaders, as one of the bosses of the “invisible government,” he +was willing to defer. But while he could give allegiance to his party +leaders, and from them was willing to receive the rewards of office, +from a rich brother-in-law he was not at all willing to accept anything. +Still less was he willing that of the credit he deserved for years of +hard work for the party, of self-denial, and of efficient public service +the rich brother-in-law, should rob him. + +His pride was to be known as a self-made man, as the servant only of the +voters. And now that ambition, now that he was district attorney of +New York City, to have it said that the office was the gift of his +brother-in-law was bitter. But he believed the injustice would soon +end. In a month he was coming up for re-election, and night and day was +conducting a campaign that he hoped would result in a personal victory +so complete as to banish the shadow of his brother-in-law. Were he +re-elected by the majority on which he counted, he would have the party +leaders on their knees. Hamilton Cutler would be forced to come to him. +He would be in line for promotion. He knew the leaders did not want +to promote him, that they considered him too inclined to kick over the +traces; but were he now re-elected, at the next election, either for +mayor or governor, he would be his party’s obvious and legitimate +candidate. + +The re-election was not to be an easy victory. Outside his own party, +to prevent his succeeding himself as district attorney, Tammany Hall +was using every weapon in her armory. The commissioner of police was a +Tammany man, and in the public prints Wharton had repeatedly declared +that Banf, his star witness against the police, had been killed by the +police, and that they had prevented the discovery of his murderer. For +this the wigwam wanted his scalp, and to get it had raked his public and +private life, had used threats and bribes, and with women had tried to +trap him into a scandal. But “Big Tim” Meehan, the lieutenant the +Hall had detailed to destroy Wharton, had reported back that for their +purpose his record was useless, that bribes and threats only flattered +him, and that the traps set for him he had smilingly side-stepped. +This was the situation a month before election day when, to oblige his +brother-in-law, Wharton was up-town at Delmonico’s lunching with Senator +Bissell. + +Down-town at the office, Rumson, the assistant district attorney, was +on his way to lunch when the telephone-girl halted him. Her voice was +lowered and betrayed almost human interest. + +From the corner of her mouth she whispered: “This man has a note for Mr. +Wharton--says if he don’t get it quick it’ll be too late--says it will +tell him who killed ‘Heimie’ Banf!” + +The young man and the girl looked at each other and smiled. Their +experience had not tended to make them credulous. Had he lived, Hermann +Banf would have been, for Wharton, the star witness against a ring of +corrupt police officials. In consequence his murder was more than the +taking off of a shady and disreputable citizen. It was a blow struck +at the high office of the district attorney, at the grand jury, and the +law. But, so far, whoever struck the blow had escaped punishment, and +though for a month, ceaselessly, by night and day “the office” and the +police had sought him, he was still at large, still “unknown.” There had +been hundreds of clews. They had been furnished by the detectives of +the city and county and of the private agencies, by amateurs, by +news-papers, by members of the underworld with a score to pay off or to +gain favor. But no clew had led anywhere. When, in hoarse whispers, +the last one had been confided to him by his detectives, Wharton had +protested indignantly. + +“Stop bringing me clews!” he exclaimed. “I want the man. I can’t +electrocute a clew!” + +So when, after all other efforts, over the telephone a strange voice +offered to deliver the murderer, Rumson was skeptical. He motioned the +girl to switch to the desk telephone. + +“Assistant District Attorney Rumson speaking,” he said. “What can I do +for you?”’ + +Before the answer came, as though the speaker were choosing his words, +there was a pause. It lasted so long that Rumson exclaimed sharply: + +“Hello,” he called. “Do you want to speak to me, or do you want to speak +to me?” + +“I’ve gotta letter for the district attorney,” said the voice. “I’m to +give it to nobody but him. It’s about Banf. He must get it quick, or +it’ll be too late.” + +“Who are you?” demanded Rumson. “Where are you speaking from?” + +The man at the other end of the wire ignored the questions. + +“Where’ll Wharton be for the next twenty minutes?” + +“If I tell you,” parried Rumson, “will you bring the letter at once?” + The voice exclaimed indignantly: + +“Bring nothing! I’ll send it by district messenger. You’re wasting time +trying to reach me. It’s the LETTER you want. It tells----” the voice +broke with an oath and instantly began again: “I can’t talk over a +phone. I tell you, it’s life or death. If you lose out, it’s your own +fault. Where can I find Wharton?” + +“At Delmonico’s,” answered Rumson. “He’ll be there until two o’clock.” + “Delmonico’s! That’s Forty-fort Street?” “Right,” said Rumson. “Tell the +messenger----” He heard the receiver slam upon the hook. With the light +of the hunter in his eyes, he turned to the girl. + +“They can laugh,” he cried, “but I believe we’ve hooked something. I’m +going after it.” In the waiting-room he found the detectives. “Hewitt,” + he ordered, “take the subway and whip up to Delmonico’s. Talk to the +taxi-starter till a messenger-boy brings a letter for the D. A. Let the +boy deliver the note, and then trail him till he reports to the man he +got it from. Bring the man here. If it’s a district messenger and he +doesn’t report, but goes straight back to the office, find out who gave +him the note; get his description. Then meet me at Delmonico’s.” + +Rumson called up that restaurant and had Wharton come to the phone. +He asked his chief to wait until a letter he believed to be of great +importance was delivered to him. He explained, but, of necessity, +somewhat sketchily. “It sounds to me,” commented his chief, “like a plot +of yours to get a lunch up-town.” + +“Invitation!” cried Rumson. “I’ll be with you in ten minutes.” + +After Rumson had joined Wharton and Bissell the note arrived. It was +brought to the restaurant by a messenger-boy, who said that in answer to +a call from a saloon on Sixth Avenue he had received it from a young man +in ready-to-wear clothes and a green hat. When Hewitt, the detective, +asked what the young man looked like, the boy said he looked like a +young man in ready-to-wear clothes and a green hat. But when the note +was read the identity of the man who delivered it ceased to be of +importance. The paper on which it was written was without stamped +address or monogram, and carried with it the mixed odors of the +drug-store at which it had been purchased. The handwriting was that of a +woman, and what she had written was: “If the district attorney will come +at once, and alone, to Kessler’s Cafe, on the Boston Post Road, near the +city line, he will be told who killed Hermann Banf. If he don’t come in +an hour, it will be too late. If he brings anybody with him, he won’t +be told anything. Leave your car in the road and walk up the drive. Ida +Earle.” + +Hewitt, who had sent away the messenger-boy and had been called in to +give expert advice, was enthusiastic. + +“Mr. District Attorney,” he cried, “that’s no crank letter. This +Earle woman is wise. You got to take her as a serious proposition. She +wouldn’t make that play if she couldn’t get away with it.” + +“Who is she?” asked Wharton. + +To the police, the detective assured them, Ida Earle had been known for +years. When she was young she had been under the protection of a man +high in the ranks of Tammany, and, in consequence, with her different +ventures the Police had never interfered. She now was proprietress of +the road-house in the note described as Kessler’s Cafe. It was a place +for joy-riders. There was a cabaret, a hall for public dancing, and +rooms for very private suppers. + +In so far as it welcomed only those who could spend money it was +exclusive, but in all other respects its reputation was of the worst. In +situation it was lonely, and from other houses separated by a quarter of +a mile of dying trees and vacant lots. + +The Boston Post Road upon which it faced was the old post road, but +lately, through this back yard and dumping-ground of the city, had been +relaid. It was patrolled only and infrequently by bicycle policemen. +“But this,” continued the detective eagerly, “is where we win out. The +road-house is an old farmhouse built over, with the barns changed into +garages. They stand on the edge of a wood. It’s about as big as a city +block. If we come in through the woods from the rear, the garages will +hide us. Nobody in the house can see us, but we won’t be a hundred yards +away. You’ve only to blow a police whistle and we’ll be with you.” + +“You mean I ought to go?” said Wharton. + +Rumson exclaimed incredulously: “You got to go!” + +“It looks to me,” objected Bissell, “like a plot to get you there alone +and rap you on the head.” “Not with that note inviting him there,” + protested Hewitt, “and signed by Earle herself.” + +“You don’t know she signed it?” objected the senator. + +“I know her,” returned the detective. “I know she’s no fool. It’s her +place, and she wouldn’t let them pull off any rough stuff there--not +against the D. A. anyway.” + +The D. A. was rereading the note. “Might this be it?” he asked. +“Suppose it’s a trick to mix me up in a scandal? You say the place is +disreputable. Suppose they’re planning to compromise me just before +election. They’ve tried it already several times.” + +“You’ve still got the note,” persisted Hewitt. “It proves why you went +there. And the senator, too. He can testify. And we won’t be hundred +yards away. And,” he added grudgingly, “you have Nolan.” + +Nolan was the spoiled child of ‘the office.’ He was the district +attorney’s pet. Although still young, he had scored as a detective and +as a driver of racing-cars. As Wharton’s chauffeur he now doubled the +parts. + +“What Nolan testified wouldn’t be any help,” said Wharton. “They would +say it was just a story he invented to save me.” + +“Then square yourself this way,” urged Rumson. “Send a note now by hand +to Ham Cutler and one to your sister. Tell them you’re going to Ida +Earle’s--and why--tell them you’re afraid it’s a frame-up, and for them +to keep your notes as evidence. And enclose the one from her.” + +Wharton nodded in approval, and, while he wrote, Rumson and the +detective planned how, without those inside the road-house being aware +of their presence, they might be near it. + +Kessler’s Cafe lay in the Seventy-ninth Police Precinct. In taxi-cabs +they arranged to start at once and proceed down White Plains Avenue, +which parallels the Boston Road, until they were on a line with +Kessler’s, but from it hidden by the woods and the garages. A walk of a +quarter of a mile across lots and under cover of the trees would bring +them to within a hundred yards of the house. + +Wharton was to give them a start of half an hour. That he might know +they were on watch, they agreed, after they dismissed the taxi-cabs, to +send one of them into the Boston Post Road past the road-house. When it +was directly in front of the cafe, the chauffeur would throw away into +the road an empty cigarette-case. + +From the cigar-stand they selected a cigarette box of a startling +yellow. At half a mile it was conspicuous. + +“When you see this in the road,” explained Rumson, “you’ll know we’re on +the job. And after you’re inside, if you need us, you’ve only to go to a +rear window and wave.” + +“If they mean to do him up,” growled Bissell, “he won’t get to a rear +window.” + +“He can always tell them we’re outside,” said Rumson----“and they are +extremely likely to believe him. Do you want a gun?” + +“No,” said the D. A. + +“Better have mine,”’ urged Hewitt. + +“I have my own,” explained the D. A. + + Rumson and Hewitt set off in taxi-cabs and, a half-hour later, +Wharton followed. As he sank back against the cushions of the big +touring-car he felt a pleasing thrill of excitement, and as he passed +the traffic police, and they saluted mechanically, he smiled. Had they +guessed his errand their interest in his progress would have been less +perfunctory. In half an hour he might know that the police killed Banf; +in half an hour he himself might walk into a trap they had, in turn, +staged for him. As the car ran swiftly through the clean October air, +and the wind and sun alternately chilled and warmed his blood, Wharton +considered these possibilities. + +He could not believe the woman Earle would lend herself to any plot to +do him bodily harm. She was a responsible person. In her own world +she was as important a figure as was the district attorney in his. Her +allies were the man “higher up” in Tammany and the police of the upper +ranks of the uniformed force. And of the higher office of the district +attorney she possessed an intimate and respectful knowledge. It was +not to be considered that against the prosecuting attorney such a woman +would wage war. So the thought that upon his person any assault was +meditated Wharton dismissed as unintelligent. That it was upon his +reputation the attack was planned seemed much more probable. But that +contingency he had foreseen and so, he believed, forestalled. There then +remained only the possibility that the offer in the letter was genuine. +It seemed quite too good to be true. For, as he asked himself, on the +very eve of an election, why should Tammany, or a friend of Tammany, +place in his possession the information that to the Tammany candidate +would bring inevitable defeat. He felt that the way they were playing +into his hands was too open, too generous. If their object was to lead +him into a trap, of all baits they might use the promise to tell him who +killed Banf was the one certain to attract him. It made their invitation +to walk into the parlor almost too obvious. But were the offer not +genuine, there was a condition attached to it that puzzled him. It was +not the condition that stipulated he should come alone. His experience +had taught him many will confess, or betray, to the district attorney +who, to a deputy, will tell nothing. The condition that puzzled him was +the one that insisted he should come at once or it would be “too late.” + +Why was haste so imperative? Why, if he delayed, would he be “too late”? +Was the man he sought about to escape from his jurisdiction, was he +dying, and was it his wish to make a death-bed confession; or was he so +reluctant to speak that delay might cause him to reconsider and remain +silent? + +With these questions in his mind, the minutes quickly passed, and it +was with a thrill of excitement Wharton saw that Nolan had left the +Zoological Gardens on the right and turned into the Boston Road. It had +but lately been completed and to Wharton was unfamiliar. On either side +of the unscarred roadway still lay scattered the uprooted trees and +boulders that had blocked its progress, and abandoned by the contractors +were empty tar-barrels, cement-sacks, tool-sheds, and forges. Nor +was the surrounding landscape less raw and unlovely. Toward the Sound +stretched vacant lots covered with ash heaps; to the left a few old and +broken houses set among the glass-covered cold frames of truck-farms. + +The district attorney felt a sudden twinge of loneliness. And when an +automobile sign told him he was “10 miles from Columbus Circle,” he felt +that from the New York he knew he was much farther. Two miles up the +road his car overhauled a bicycle policeman, and Wharton halted him. + +“Is there a road-house called Kessler’s beyond here?” he asked. + +“On the left, farther up,” the officer told him, and added: “You can’t +miss it Mr. Wharton; there’s no other house near it.” + +“You know me,” said the D.A. “Then you’ll understand what I want you to +do. I’ve agreed to go to that house alone. If they see you pass they may +think I’m not playing fair. So stop here.” + +The man nodded and dismounted. + +“But,” added the district attorney, as the car started forward again, +“If you hear shots, I don’t care how fast you come.” + +The officer grinned. + +“Better let me trail along now,” he called; “that’s a tough joint.” + +But Wharton motioned him back; and when again he turned to look the man +still stood where they had parted. + +Two minutes later an empty taxi-cab came swiftly toward him and, as it +passed, the driver lifted his hand from the wheel, and with his thumb +motioned behind him. + +“That’s one of the men,” said Nolan, “that started with Mr. Rumson and +Hewitt from Delmonico’s.” + +Wharton nodded; and, now assured that in their plan there had been no +hitch, smiled with satisfaction. A moment later, when ahead of them on +the asphalt road Nolan pointed out a spot of yellow, he recognized the +signal and knew that within call were friends. + +The yellow cigarette-box lay directly in front of a long wooden building +of two stories. It was linked to the road by a curving driveway marked +on either side by whitewashed stones. + +On verandas enclosed In glass Wharton saw white-covered tables under +red candle-shade and, protruding from one end of the house and hung with +electric lights in paper lanterns, a pavilion for dancing. In the rear +of the house stood sheds and a thick tangle of trees on which the +autumn leaves showed yellow painted fingers and arrows pointing, and an +electric sign, proclaimed to all who passed that this was Kessler’s. In +spite of its reputation, the house wore the aspect of the commonplace. +In evidence nothing flaunted, nothing threatened From a dozen other inns +along the Pelham Parkway and the Boston Post Road it was no way to be +distinguished. + +As directed in the note, Wharton left the car in the road. “For five +minutes stay where you are,” he ordered Nolan; “then go to the bar and +get a drink. Don’t talk to any one or they’ll think you’re trying to get +information. Work around to the back of the house. Stand where I can see +you from the window. I may want you to carry a message to Mr. Rumson.” + +On foot Wharton walked up the curved drive-way, and if from the house +his approach was spied upon, there was no evidence. In the second story +the blinds were drawn and on the first floor the verandas were empty. +Nor, not even after he had mounted to the veranda and stepped inside +the house, was there any sign that his visit was expected. He stood in a +hall, and in front of him rose a broad flight of stairs that he guessed +led to the private supper-rooms. On his left was the restaurant. + +Swept and garnished after the revels of the night previous, and as +though resting in preparation for those to come, it an air of peaceful +inactivity. At a table a maitre d’ho’tel was composing the menu for the +evening, against the walls three colored waiters lounged sleepily, and +on a platform at a piano a pale youth with drugged eyes was with one +hand picking an accompaniment. As Wharton paused uncertainly the young +man, disdaining his audience, in a shrill, nasal tenor raised his voice +and sang: + + “And from the time the rooster calls I’ll wear my overalls, + And you, a simple gingham gown. So, if you’re strong for a +shower of rice, We two could make a paradise Of any One-Horse Town.” + +At sight of Wharton the head waiter reluctantly detached himself from +his menu and rose. But before he could greet the visitor, Wharton heard +his name spoken and, looking up, saw a woman descending the stairs. It +was apparent that when young she had been beautiful, and, in spite of an +expression in her eyes of hardness and distrust, which seemed habitual, +she was still handsome. She was without a hat and wearing a house dress +of decorous shades and in the extreme of fashion. Her black hair, built +up in artificial waves, was heavy with brilliantine; her hands, covered +deep with rings, and of an unnatural white, showed the most fastidious +care. But her complexion was her own; and her skin, free from paint +and powder, glowed with that healthy pink that is supposed to be the +perquisite only of the simple life and a conscience undisturbed. + +“I am Mrs. Earle,” said the woman. “I wrote you that note. Will you +please come this way?” + +That she did not suppose he might not come that way was obvious, for, as +she spoke, she turned her back on him and mounted the stairs. After an +instant of hesitation, Wharton followed. + +As well as his mind, his body was now acutely alive and vigilant. Both +physically and mentally he moved on tiptoe. For whatever surprise, for +whatever ambush might lie in wait, he was prepared. At the top of the +stairs he found a wide hall along which on both sides were many doors. +The one directly facing the stairs stood open. At one side of this the +woman halted and with a gesture of the jewelled fingers invited him to +enter. + +“My sitting-room,” she said. As Wharton remained motionless she +substituted: “My office.” + +Peering into the room, Wharton found it suited to both titles. He saw +comfortable chairs, vases filled with autumn leaves, in silver frames +photographs, and between two open windows a business-like roller-top +desk on which was a hand telephone. In plain sight through the windows +he beheld the garage and behind it the tops of trees. To summon Rumson, +to keep in touch with Nolan, he need only step to one of these windows +and beckon. The strategic position of the room appealed, and with a +bow of the head he passed in front of his hostess and entered it. He +continued to take note of his surroundings. + +He now saw that from the office in which he stood doors led to rooms +adjoining. These doors were shut, and he determined swiftly that before +the interview began he first must know what lay behind them. Mrs. Earle +had followed and, as she entered, closed the door. + +“No!” said Wharton. + +It was the first time he had spoken. For an instant the woman hesitated, +regarding him thoughtfully, and then without resentment pulled the door +open. She came toward him swiftly, and he was conscious of the rustle of +silk and the stirring of perfumes. At the open door she cast a frown of +disapproval and then, with her face close to his, spoke hurriedly in a +whisper. + +“A man brought a girl here to lunch,” she said; “they’ve been here +before. The girl claims the man told her he was going to marry her. +Last night she found out he has a wife already, and she came here to-day +meaning to make trouble. She brought a gun. They were in the room at the +far end of the hall. George, the water, heard the two shots and ran down +here to get me. No one else heard. These rooms are fixed to keep out +noise, and the piano was going. We broke in and found them on the floor. +The man was shot through the shoulder, the girl through the body. His +story is that after she fired, in trying to get the gun from her, she +shot herself-by accident. That’s right, I guess. But the girl says +they came here to die together--what the newspaper call a ‘suicide +pact’--because they couldn’t marry, and that he first shot her, +intending to kill her and then himself. That’s silly. She framed it to +get him. She missed him with the gun, so now she’s trying to get him +with this murder charge. I know her. If she’d been sober she wouldn’t +have shot him; she’d have blackmailed him. She’s that sort. I know her, +and----” + + With an exclamation the district attorney broke in upon her. “And +the man,” he demanded eagerly; “was it HE killed Banf?” + +In amazement the woman stared. “Certainly NOT!” she said. + +“Then what HAS this to do with Banf?” + +“Nothing!” Her tone was annoyed, reproachful. “That was only to bring +you here.” + +His disappointment was so keen that it threatened to exhibit itself +in anger. Recognizing this, before he spoke Wharton forced himself to +pause. Then he repeated her words quietly. + +“Bring me here?” he asked. “Why?” + +The woman exclaimed impatiently: “So you could beat the police to it,” + she whispered. “So you could HUSH IT UP!” + +The surprised laugh of the man was quite real. It bore no resentment or +pose. He was genuinely amused. Then the dignity of his office, tricked +and insulted, demanded to be heard. He stared at her coldly; his +indignation was apparent. + +“You have done extremely ill,” he told her. “You know perfectly well +you had no right to bring me up here; to drag me into a row in your +road-house. ‘Hush it up!’” he exclaimed hotly. This time his laugh was +contemptuous and threatening. “I’ll show you how I’ll hush it up!” He +moved quickly to the open window. + +“Stop!” commanded the woman. “You can’t do that!” She ran to the door. + +Again he was conscious of the rustle of silk, of the stirring of +perfumes. + +He heard the key turn in the lock. It had Come. It was a frame-up. There +would be a scandal. And to save himself from it they would force him +to “hush up” this other one. But, as to the outcome, in no way was he +concerned. Through the window, standing directly below it, he had seen +Nolan. In the sunlit yard the chauffeur, his cap on the back of his +head, his cigarette drooping from his lips, was tossing the remnants of +a sandwich to a circle of excited hens. He presented a picture of bored +indolence, of innocent preoccupation. It was almost too well done. + +Assured of a witness for the defense, he greeted the woman with a smile. +“Why can’t I do it?” he taunted. + +She ran close to him and laid her hands on his arm. Her eyes were +fixed steadily on his. “Because,” she whispered, “the man who shot that +girl-is your brother-in-law, Ham Cutler!” + +For what seemed a long time Wharton stood looking down into the eyes of +the woman, and the eyes never faltered. Later he recalled that in the +sudden silence many noises disturbed the lazy hush of the Indian-summer +afternoon: the rush of a motor-car on the Boston Road, the tinkle of +the piano and the voice of the youth with the drugged eyes singing, “And +you’ll wear a simple gingham gown,” from the yard below the cluck-cluck +of the chickens and the cooing of pigeons. + +His first thought was of his sister and of her children, and of what +this bomb, hurled from the clouds, would mean to her. He thought +of Cutler, at the height of his power and usefulness, by this one +disreputable act dragged into the mire, of what disaster it might bring +to the party, to himself. + +If, as the woman invited, he helped to “hush it up,” and Tammany learned +the truth, it would make short work of him. It would say, for the +murderer of Banf he had one law and for the rich brother-in-law, who had +tried to kill the girl he deceived, another. But before he gave voice to +his thoughts he recognized them as springing only from panic. They were +of a part with the acts of men driven by sudden fear, and of which acts +in their sane moments they would be incapable. + +The shock of the woman’s words had unsettled his traditions. Not only +was he condemning a man unheard, but a man who, though he might dislike +him, he had for years, for his private virtues, trusted and admired. The +panic passed and with a confident smile he shook his head. + +“I don’t believe you,” he said quietly. + +The manner of the woman was equally calm, equally assured. + +“Will you see her?” she asked. + +“I’d rather see my brother-in-law,” he answered + +The woman handed him a card. + +“Doctor Muir took him to his private hospital,” she said. “I loaned them +my car because it’s a limousine. The address is on that card. But,” she +added, “both your brother and Sammy--that’s Sam Muir, the doctor--asked +you wouldn’t use the telephone; they’re afraid of a leak.” + +Apparently Wharton did not hear her. As though it were “Exhibit A,” + presented in evidence by the defense, he was studying the card she had +given him. He stuck it in his pocket. + +“I’ll go to him at once,” he said. + +To restrain or dissuade him, the woman made no sudden move. In level +tones she said: + +“Your brother-in-law asked especially that you wouldn’t do that until +you’d fixed it with the girl. Your face is too well known. He’s afraid +some one might find out where he is--and for a day or two no one must +know that.” + +“This doctor knows it,” retorted Wharton. + +The suggestion seemed to strike Mrs. Earle as humorous. For the first +time she laughed. “Sammy!” she exclaimed. “He’s a lobbygow of mine. He’s +worked for me for years. I could send him up the river if I liked. He +knows it.” Her tone was convincing. “They both asked,” she continued +evenly, “you should keep off until the girl is out of the country, and +fixed.” Wharton frowned thoughtfully. + +And, observing this, the eyes of the woman showed that, so far, toward +the unfortunate incident the attitude of the district attorney was to +her most gratifying. Wharton ceased frowning. “How fixed?” he asked. +Mrs. Earle shrugged her shoulders. + +“Cutler’s idea is money,” she said; “but, believe me, he’s wrong. This +girl is a vampire. She’ll only come back to you for more. She’ll keep on +threatening to tell the wife, to tell the papers. The way to fix her is +to throw a scare into her. And there’s only one man can do that; there’s +only one man that can hush this thing up--that’s you.” + +“When can I see her?” asked Wharton. + +“Now,” said the woman. “I’ll bring her.” Wharton could not suppress an +involuntary “Here?” he exclaimed. + +For the shade of a second Mrs. Earle exhibited the slightest evidence of +embarrassment. + +“My room’s in a mess,” she explained; “and she’s not hurt so much as +Sammy said. He told her she was in bad just to keep her quiet until you +got here.” + +Mrs. Earle opened one of the doors leading from the room. “I won’t be a +minute,” she said. Quietly she closed the door behind her. + +Upon her disappearance the manner of the district attorney underwent an +abrupt change. He ran softly to the door opposite the one through which +Mrs. Earle had passed, and pulled it open. But, if beyond it he expected +to find an audience of eavesdroppers, he was disappointed. The room was +empty, and bore no evidence of recent occupation.. He closed the door, +and, from the roller-top desk, snatching a piece of paper, scribbled +upon it hastily. Wrapping the paper around a coin, and holding it +exposed to view, he showed himself at the window. Below him, to an +increasing circle of hens and pigeons, Nolan was still scattering +crumbs. Without withdrawing his gaze from them, the chauffeur nodded. +Wharton opened his hand and the note fell into the yard. Behind him he +heard the murmur of voices, the sobs of a woman in pain, and the rattle +of a door-knob. As from the window he turned quickly, he saw that toward +the spot where his note had fallen Nolan was tossing the last remnants +of his sandwich. + +The girl who entered with Mrs. Earle, leaning on her and supported by +her, was tall and fair. Around her shoulders her blond hair hung in +disorder, and around her waist, under the kimono Mrs. Earle had +thrown about her, were wrapped many layers of bandages. The girl moved +unsteadily and sank into a chair. + +In a hostile tone Mrs. Earle addressed her. + +“Rose,” she said, “this is the district attorney.” To him she added: +“She calls herself Rose Gerard.” + +One hand the girl held close against her side, with the other she +brushed back the hair from her forehead. From half-closed eyes she +stared at Wharton defiantly. + +“Well,” she challenged, “what about it?” + +Wharton seated himself in front of the roller-top desk. + +“Are you strong enough to tell me?” he asked. + +His tone was kind, and this the girl seemed to resent. + +“Don’t you worry,” she sneered, “I’m strong enough. Strong enough to +tell all I know--to you, and to the papers, and to a jury--until I get +justice.” She clinched her free hand and feebly shook it at him. “THAT’S +what I’m going to get,” she cried, her voice breaking hysterically, +“justice.” + +From behind the arm-chair in which the girl half-reclined Mrs. Earle +caught the eye of the district attorney and shrugged her shoulders. + +“Just what DID happen?” asked Wharton. + +Apparently with an effort the girl pulled herself together. + +“I first met your brother-in-law----” she began. + +Wharton interrupted quietly. + +“Wait!” he said. “You are not talking to me as anybody’s brother-in-law, +but as the district attorney.” + +The girl laughed vindictively. + +“I don’t wonder you’re ashamed of him!” she jeered. + +Again she began: “I first met Ham Cutler last May. He wanted to marry me +then. He told me he was not a married man.” + +As her story unfolded, Wharton did not again interrupt; and speaking +quickly, in abrupt, broken phrases, the girl brought her narrative to +the moment when, as she claimed, Cutler had attempted to kill her. +At this point a knock at the locked door caused both the girl and her +audience to start. Wharton looked at Mrs. Earle inquiringly, but she +shook her head, and with a look at him also of inquiry, and of suspicion +as well, opened the door. + +With apologies her head waiter presented a letter. + +“For Mr. Wharton,” he explained, “from his chauffeur.” + +Wharton’s annoyance at the interruption was most apparent. “What the +devil----” he began. + +He read the note rapidly, and with a frown of irritation raised his eyes +to Mrs. Earle. + +“He wants to go to New Rochelle for an inner tube,” he said. “How long +would it take him to get there and back?” + +The hard and distrustful expression upon the face of Mrs. Earle, which +was habitual, was now most strongly in evidence. Her eyes searched those +of Wharton. + +“Twenty minutes, she said. + +“He can’t go,” snapped Wharton. + +“Tell him,” he directed the waiter, “to stay where he is. Tell him I +may want to go back to the office any minute.” He turned eagerly to the +girl. “I’m sorry,” he said. With impatience he crumpled the note into a +ball and glanced about him. At his feet was a waste-paper basket. Fixed +upon him he saw, while pretending not to see, the eyes of Mrs. Earle +burning with suspicion. If he destroyed the note, he knew suspicion +would become certainty. Without an instant of hesitation, carelessly +he tossed it intact into the waste-paper basket. Toward Rose Gerard he +swung the revolving chair. + +“Go on, Please,” he commanded. + +The girl had now reached the climax of her story, but the eyes of +Mrs. Earle betrayed the fact that her thoughts were elsewhere. With +an intense and hungry longing, they were concentrated upon her own +waste-paper basket. + +The voice of the girl in anger and defiance recalled Mrs. Earle to the +business of the moment. + +“He tried to kill me,” shouted Miss Rose. “And his shooting himself in +the shoulder was a bluff. THAT’S my story; that’s the story I’m going +to tell the judge”--her voice soared shrilly--“that’s the story that’s +going to send your brother-in-law to Sing Sing!” + +For the first time Mrs. Earle contributed to the general conversation. + +“You talk like a fish,” she said. + +The girl turned upon her savagely. + +“If he don’t like the way I talk,” she cried, “he can come across!” + +Mrs. Earle exclaimed in horror. Virtuously her hands were raised in +protest. + +“Like hell he will!” she said. “You can’t pull that under my roof!” + Wharton looked disturbed. + +“Come across?” he asked. + +“Come across?” mimicked the girl. “Send me abroad and keep me there. And +I’ll swear it was an accident. Twenty-five thousand, that’s all I want. +Cutler told me he was going to make you governor. He can’t make you +governor if he’s in Sing Sing, can he? Ain’t it worth twenty-five +thousand to you to be governor? Come on,” she jeered, “kick in!” + +With a grave but untroubled voice Wharton addressed Mrs. Earle. + +“May I use your telephone?” he asked. He did not wait for her consent, +but from the desk lifted the hand telephone. + +“Spring, three one hundred!” he said. He sat with his legs comfortably +crossed, the stand of the instrument balanced on his knee, his eyes +gazing meditatively at the yellow tree-tops. + +If with apprehension both women started, if the girl thrust herself +forward, and by the hand of Mrs. Earle was dragged back, he did not +appear to know it. + +“Police headquarters?” they heard him ask. “I want to speak to the +commissioner. This is the district attorney.” + +In the pause that followed, as though to torment her, the pain, in her +side apparently turned, for the girl screamed sharply. + +“Be still!” commanded the older woman. Breathless, across the top of the +arm-chair, she was leaning forward. Upon the man at the telephone her +eyes were fixed in fascination. + +“Commissioner,” said the district attorney, “this is Wharton speaking. +A woman has made a charge of attempted murder to me against my +brother-in-law, Hamilton Cutler. On account of our relationship, I want +you to make the arrest. If there were any slip, and he got away, it +might be said I arranged it. You will find him at the Winona apartments +on the Southern Boulevard, in the private hospital of a Doctor Samuel +Muir. Arrest them both. The girl who makes the charge is at Kessler’s +Cafe, on the Boston Post Road, just inside the city line. Arrest her +too. She tried to blackmail me. I’ll appear against her.” + +Wharton rose and addressed himself to Mrs. Earle. + +“I’m, sorry,” he said, “but I had to do it. You might have known I could +not hush it up. I am the only man who can’t hush it up. The people of +New York elected me to enforce the laws.” Wharton’s voice was raised to +a loud pitch. It seemed unnecessarily loud. It was almost as though he +were addressing another and more distant audience. “And,” he continued, +his voice still soaring, “even if my own family suffer, even if I +suffer, even if I lose political promotion, those laws I will enforce!” + In the more conventional tone of every-day politeness, he added: “May I +speak to you outside, Mrs. Earle?” + +But, as in silence that lady descended the stairs, the district attorney +seemed to have forgotten what it was he wished to say. + +It was not until he had seen his chauffeur arouse himself from +apparently deep slumber and crank the car that he addressed her. + +“That girl,” he said, “had better go back to bed. My men are all around +this house and, until the police come, will detain her.” + +He shook the jewelled fingers of Mrs. Earle warmly. “I thank you,” he +said; “I know you meant well. I know you wanted to help me, but”--he +shrugged his shoulders--“my duty!” + +As he walked down the driveway to his car his shoulders continued to +move. + +But Mrs. Earle did not wait to observe this phenomenon. Rid of his +presence, she leaped, rather than ran, up the stairs and threw open the +door of her office. + +As she entered, two men followed her. One was a young man who held in +his hand an open note-book, the other was Tim Meehan, of Tammany. The +latter greeted her with a shout. + +“We heard everything he said,” he cried. His voice rose in torment. “An’ +we can’t use a word of it! He acted just like we’d oughta knowed he’d +act. He’s HONEST! He’s so damned honest he ain’t human; he’s a--gilded +saint!” + +Mrs. Earle did not heed him. On her knees she was tossing to the floor +the contents of the waste-paper basket. From them she snatched a piece +of crumpled paper. + +“Shut up!” she shouted. “Listen! His chauffeur brought him this.” In a +voice that quivered with indignation, that sobbed with anger, she read +aloud: + +“‘As directed by your note from the window, I went to the booth +and called up Mrs. Cutler’s house and got herself on the phone. Your +brother-in-law lunched at home to-day with her and the children and they +are now going to the Hippodrome. + +“Stop, look, and listen! Back of the bar I see two men in a room, but +they did not see me. One is Tim Meehan, the other is a stenographer. +He is taking notes. Each of them has on the ear-muffs of a dictagraph. +Looks like you’d better watch your step and not say nothing you don’t +want Tammany to print.’” The voice of Mrs. Earle rose in a shrill +shriek. + +“Him--a gilded saint?” she screamed; “you big stiff! He knew he was +talking into a dictagraph all the time, and he double-crossed us!” + + + + + +End of the Project Gutenberg EBook of The Frame Up, by Richard Harding Davis + +*** END OF THIS PROJECT GUTENBERG EBOOK THE FRAME UP *** + +***** This file should be named 1806-0.txt or 1806-0.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/8/0/1806/ + +Produced by Aaron Cannon + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase “Project +Gutenberg”), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. “Project Gutenberg” is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” + or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase “Project Gutenberg” appears, or with which the phrase “Project +Gutenberg” is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase “Project Gutenberg” associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +“Plain Vanilla ASCII” or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original “Plain Vanilla ASCII” or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, “Information about donations to + the Project Gutenberg Literary Archive Foundation.” + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +“Defects,” such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right +of Replacement or Refund” described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you ‘AS-IS’ WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm’s +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation’s EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state’s laws. + +The Foundation’s principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation’s web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. |