diff options
Diffstat (limited to 'old/frmup10.txt')
| -rw-r--r-- | old/frmup10.txt | 1222 |
1 files changed, 1222 insertions, 0 deletions
diff --git a/old/frmup10.txt b/old/frmup10.txt new file mode 100644 index 0000000..24342d6 --- /dev/null +++ b/old/frmup10.txt @@ -0,0 +1,1222 @@ +Project Gutenberg Etext of The Frame Up by Richard Harding Davis +#18 in our series by Richard Harding Davis + + +Copyright laws are changing all over the world, be sure to check +the copyright laws for your country before posting these files!! + +Please take a look at the important information in this header. +We encourage you to keep this file on your own disk, keeping an +electronic path open for the next readers. Do not remove this. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**Etexts Readable By Both Humans and By Computers, Since 1971** + +*These Etexts Prepared By Hundreds of Volunteers and Donations* + +Information on contacting Project Gutenberg to get Etexts, and +further information is included below. We need your donations. + + +The Frame Up + +by Richard Harding Davis + +May, 1999 [Etext #1806] + + +Project Gutenberg Etext of The Frame Up by Richard Harding Davis +******This file should be named frmup10.txt or frmup10.zip****** + +Corrected EDITIONS of our etexts get a new NUMBER, frmup11.txt +VERSIONS based on separate sources get new LETTER, frmup10a.txt + +Etext scanned by Aaron Cannon of Paradise, California + +Project Gutenberg Etexts are usually created from multiple editions, +all of which are in the Public Domain in the United States, unless a +copyright notice is included. Therefore, we usually do NOT keep any +of these books in compliance with any particular paper edition. + + +We are now trying to release all our books one month in advance +of the official release dates, leaving time for better editing. + +Please note: neither this list nor its contents are final till +midnight of the last day of the month of any such announcement. +The official release date of all Project Gutenberg Etexts is at +Midnight, Central Time, of the last day of the stated month. A +preliminary version may often be posted for suggestion, comment +and editing by those who wish to do so. To be sure you have an +up to date first edition [xxxxx10x.xxx] please check file sizes +in the first week of the next month. Since our ftp program has +a bug in it that scrambles the date [tried to fix and failed] a +look at the file size will have to do, but we will try to see a +new copy has at least one byte more or less. + + +Information about Project Gutenberg (one page) + +We produce about two million dollars for each hour we work. The +time it takes us, a rather conservative estimate, is fifty hours +to get any etext selected, entered, proofread, edited, copyright +searched and analyzed, the copyright letters written, etc. This +projected audience is one hundred million readers. If our value +per text is nominally estimated at one dollar then we produce $2 +million dollars per hour this year as we release thirty-six text +files per month, or 432 more Etexts in 1999 for a total of 2000+ +If these reach just 10% of the computerized population, then the +total should reach over 200 billion Etexts given away this year. + +The Goal of Project Gutenberg is to Give Away One Trillion Etext +Files by December 31, 2001. [10,000 x 100,000,000 = 1 Trillion] +This is ten thousand titles each to one hundred million readers, +which is only ~5% of the present number of computer users. + +At our revised rates of production, we will reach only one-third +of that goal by the end of 2001, or about 3,333 Etexts unless we +manage to get some real funding; currently our funding is mostly +from Michael Hart's salary at Carnegie-Mellon University, and an +assortment of sporadic gifts; this salary is only good for a few +more years, so we are looking for something to replace it, as we +don't want Project Gutenberg to be so dependent on one person. + +We need your donations more than ever! + + +All donations should be made to "Project Gutenberg/CMU": and are +tax deductible to the extent allowable by law. (CMU = Carnegie- +Mellon University). + +For these and other matters, please mail to: + +Project Gutenberg +P. O. Box 2782 +Champaign, IL 61825 + +When all other email fails. . .try our Executive Director: +Michael S. Hart <hart@pobox.com> +hart@pobox.com forwards to hart@prairienet.org and archive.org +if your mail bounces from archive.org, I will still see it, if +it bounces from prairienet.org, better resend later on. . . . + +We would prefer to send you this information by email. + +****** + +To access Project Gutenberg etexts, use any Web browser +to view http://promo.net/pg. This site lists Etexts by +author and by title, and includes information about how +to get involved with Project Gutenberg. You could also +download our past Newsletters, or subscribe here. This +is one of our major sites, please email hart@pobox.com, +for a more complete list of our various sites. + +To go directly to the etext collections, use FTP or any +Web browser to visit a Project Gutenberg mirror (mirror +sites are available on 7 continents; mirrors are listed +at http://promo.net/pg). + +Mac users, do NOT point and click, typing works better. + +Example FTP session: + +ftp sunsite.unc.edu +login: anonymous +password: your@login +cd pub/docs/books/gutenberg +cd etext90 through etext99 +dir [to see files] +get or mget [to get files. . .set bin for zip files] +GET GUTINDEX.?? [to get a year's listing of books, e.g., GUTINDEX.99] +GET GUTINDEX.ALL [to get a listing of ALL books] + +*** + +**Information prepared by the Project Gutenberg legal advisor** + +(Three Pages) + + +***START**THE SMALL PRINT!**FOR PUBLIC DOMAIN ETEXTS**START*** +Why is this "Small Print!" statement here? You know: lawyers. +They tell us you might sue us if there is something wrong with +your copy of this etext, even if you got it for free from +someone other than us, and even if what's wrong is not our +fault. So, among other things, this "Small Print!" statement +disclaims most of our liability to you. It also tells you how +you can distribute copies of this etext if you want to. + +*BEFORE!* YOU USE OR READ THIS ETEXT +By using or reading any part of this PROJECT GUTENBERG-tm +etext, you indicate that you understand, agree to and accept +this "Small Print!" statement. If you do not, you can receive +a refund of the money (if any) you paid for this etext by +sending a request within 30 days of receiving it to the person +you got it from. If you received this etext on a physical +medium (such as a disk), you must return it with your request. + +ABOUT PROJECT GUTENBERG-TM ETEXTS +This PROJECT GUTENBERG-tm etext, like most PROJECT GUTENBERG- +tm etexts, is a "public domain" work distributed by Professor +Michael S. Hart through the Project Gutenberg Association at +Carnegie-Mellon University (the "Project"). Among other +things, this means that no one owns a United States copyright +on or for this work, so the Project (and you!) can copy and +distribute it in the United States without permission and +without paying copyright royalties. Special rules, set forth +below, apply if you wish to copy and distribute this etext +under the Project's "PROJECT GUTENBERG" trademark. + +To create these etexts, the Project expends considerable +efforts to identify, transcribe and proofread public domain +works. Despite these efforts, the Project's etexts and any +medium they may be on may contain "Defects". Among other +things, Defects may take the form of incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other +intellectual property infringement, a defective or damaged +disk or other etext medium, a computer virus, or computer +codes that damage or cannot be read by your equipment. + +LIMITED WARRANTY; DISCLAIMER OF DAMAGES +But for the "Right of Replacement or Refund" described below, +[1] the Project (and any other party you may receive this +etext from as a PROJECT GUTENBERG-tm etext) disclaims all +liability to you for damages, costs and expenses, including +legal fees, and [2] YOU HAVE NO REMEDIES FOR NEGLIGENCE OR +UNDER STRICT LIABILITY, OR FOR BREACH OF WARRANTY OR CONTRACT, +INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, PUNITIVE +OR INCIDENTAL DAMAGES, EVEN IF YOU GIVE NOTICE OF THE +POSSIBILITY OF SUCH DAMAGES. + +If you discover a Defect in this etext within 90 days of +receiving it, you can receive a refund of the money (if any) +you paid for it by sending an explanatory note within that +time to the person you received it from. If you received it +on a physical medium, you must return it with your note, and +such person may choose to alternatively give you a replacement +copy. If you received it electronically, such person may +choose to alternatively give you a second opportunity to +receive it electronically. + +THIS ETEXT IS OTHERWISE PROVIDED TO YOU "AS-IS". NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS +TO THE ETEXT OR ANY MEDIUM IT MAY BE ON, INCLUDING BUT NOT +LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A +PARTICULAR PURPOSE. + +Some states do not allow disclaimers of implied warranties or +the exclusion or limitation of consequential damages, so the +above disclaimers and exclusions may not apply to you, and you +may have other legal rights. + +INDEMNITY +You will indemnify and hold the Project, its directors, +officers, members and agents harmless from all liability, cost +and expense, including legal fees, that arise directly or +indirectly from any of the following that you do or cause: +[1] distribution of this etext, [2] alteration, modification, +or addition to the etext, or [3] any Defect. + +DISTRIBUTION UNDER "PROJECT GUTENBERG-tm" +You may distribute copies of this etext electronically, or by +disk, book or any other medium if you either delete this +"Small Print!" and all other references to Project Gutenberg, +or: + +[1] Only give exact copies of it. Among other things, this + requires that you do not remove, alter or modify the + etext or this "small print!" statement. You may however, + if you wish, distribute this etext in machine readable + binary, compressed, mark-up, or proprietary form, + including any form resulting from conversion by word pro- + cessing or hypertext software, but only so long as + *EITHER*: + + [*] The etext, when displayed, is clearly readable, and + does *not* contain characters other than those + intended by the author of the work, although tilde + (~), asterisk (*) and underline (_) characters may + be used to convey punctuation intended by the + author, and additional characters may be used to + indicate hypertext links; OR + + [*] The etext may be readily converted by the reader at + no expense into plain ASCII, EBCDIC or equivalent + form by the program that displays the etext (as is + the case, for instance, with most word processors); + OR + + [*] You provide, or agree to also provide on request at + no additional cost, fee or expense, a copy of the + etext in its original plain ASCII form (or in EBCDIC + or other equivalent proprietary form). + +[2] Honor the etext refund and replacement provisions of this + "Small Print!" statement. + +[3] Pay a trademark license fee to the Project of 20% of the + net profits you derive calculated using the method you + already use to calculate your applicable taxes. If you + don't derive profits, no royalty is due. Royalties are + payable to "Project Gutenberg Association/Carnegie-Mellon + University" within the 60 days following each + date you prepare (or were legally required to prepare) + your annual (or equivalent periodic) tax return. + +WHAT IF YOU *WANT* TO SEND MONEY EVEN IF YOU DON'T HAVE TO? +The Project gratefully accepts contributions in money, time, +scanning machines, OCR software, public domain etexts, royalty +free copyright licenses, and every other sort of contribution +you can think of. Money should be paid to "Project Gutenberg +Association / Carnegie-Mellon University". + +*END*THE SMALL PRINT! FOR PUBLIC DOMAIN ETEXTS*Ver.04.29.93*END* + + + + + +Etext scanned by Aaron Cannon of Paradise, California + + + + + +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, If 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 yo 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 Project Gutenberg Etext of The Frame Up by Richard Harding Davis + |