THE LOGIC OF CIRCUMSTANCES
By James Hazelton Willard
(1848-1901)
ONE
bright March morning, while
on my way to our law-offices,
it chanced that I met my
junior partner, Mr. Howard Freeman,
on the elevated train. We fell to
discussing the evidently contented
expression on the faces of most of our
fellow passengers, chiefly business men
of the down-town district. The
conversation continued after we had left
the train and proceeded toward Broadway.
"It is difficult to say who are truly
happy," I observed; "it is rarely
that I have seen one who could be
pronounced perfectly happy."
"I know a man," remarked Howard,
"who is, probably, the happiest
person in New York."
"A friend of yours?"
"Yes, one whom you know; my
college classmate, Dr. Homer Manson.
He has a fair practice as a physician
and surgeon. A monograph on
pyæmia has made him famous in his
profession. His aunt, Miss Sappho
Manson, last month made him residuary
legatee under her will, by which
he will inherit over half a million
dollars. He is engaged to be married to
Miss Lilian Arnold, one of the prettiest
and wealthiest girls in the city, and,
all in all, one may well deem the
doctor the happiest man in "
"Extra! Extra! All about the
murder in Madison avenue. Arrest of
the murderer!"
A newsboy was loudly crying his
papers and selling them rapidly.
Howard purchased a paper and
glanced at the head-lines.
"Oh, judge!" he cried, in tones
which revealed his distress, "this
seems hardly possible. Dr. Homer
Manson has murdered his aunt and is
now in custody."
The New York Daily has a reputation
for stating all the facts of any
case clearly. Its account of the murder
was fairly accurate. Howard
read it to me as we stood a little
apart on the sidewalk, out of the
crowd. Following the sensational
head-lines came this account:
"Miss Sappho Manson, an estimable and
wealthy middle-aged lady, was murdered
last night about nine o'clock, in the
reception-room of her elegant residence on Madison
avenue, near Twenty-ninth street.
Her favorite nephew, the distinguished
young physician, Dr. Homer Manson, called
on her at about eight o'clock and was
shown by the butler, John Meade, into the
reception-room on the opposite side of the
hall from the parlor. The latter room is
usually unlighted in the evening unless
some social function is in progress. Miss
Manson's companion, or secretary, as she
preferred to call her, Miss Lily Reath, was
in the library immediately in the rear of the
reception-room and heard part of the
conversation between the aunt and nephew.
With the exception of a quarrel regarding
a lady, this conversation was carried on in
ordinary tones for nearly an hour, at which
time Miss Reath thought farewell greetings
were exchanged. But, suddenly, the
conversation became louder, the voice of
Miss Manson being raised in tones of
reproach. The subject under discussion was
a will that Miss Manson had recently
executed. This will left nearly all her
property to this nephew. The secretary had
never known her mistress to be so excited
on any previous occasion. The clock
struck nine while this conversation was
going on. At last, Miss Manson cried out,
'I will not do it. I will never do it!'
Then there was a noise that indicated a
struggle, and a stifled cry; then all was
silent.
"Miss Reath, not desiring to interfere in
any family quarrel, waited a few moments
for further developments and then went
into the hall, just in time to see the front
door closing upon a man who slammed it
violently. This man was of medium
height, well dressed and wearing a light
Spring overcoat and a derby hat. Miss
Reath could not positively identify this
person, as she did not see his face, but she
believes he was Dr. Homer Manson, as
the figure was of about his size, and the
overcoat and hat were similar to those worn
by the doctor.
The door between the hall and the
reception-room was open. Miss Reath went
toward it and, looking into the room, saw
the body of her mistress lying on the floor.
She made an outcry, and the servants,
four in number, quickly assembled. Miss
Manson's skull was fractured by a blow on
the right side of the head, and blood was
flowing over the carpet from a wound in
the left side, and still remaining in this
wound was a white-handled scalpel which
had pierced the lady's heart. This scalpel,
which was broken in the middle, was
afterward identified as belonging to Dr.
Manson. In the murdered lady's right
hand was a silk scarf, a little soiled and of
a peculiar pattern, which was also recognized
as belonging to the doctor. On the
floor was found a large button which was
of the same pattern as those on the doctor's
overcoat.
"Meade was despatched to the police
station in West Thirtieth street, but it was
some time before the police reached the
house. The indications as to the criminal
were so clear as to leave no doubt in their
minds concerning the perpetrator of the
crime. Police Sergeant McIntire and
Patrolman Murphy went to the doctor's
rooms, but he was not there. A young
man who attended the office, James
Carroll, said the doctor had returned shortly
before, but had almost immediately left
for his club. The sergeant went to the
Culture Club, but found that the doctor
had remained there only a few minutes.
The club and the rooms were both watched,
and at half-past two o'clock this morning
Dr. Manson was arrested as he was about
to enter his rooms. He was wearing a
derby hat, and a button was missing from
his light Spring overcoat. He was unable
to account for the missing button and
claimed not to have observed its loss
previously.
"Asked if he had a white-handled scalpel,
he answered in the affirmative and opened
a small case of instruments that he took
from his overcoat pocket, but failed to find
the scalpel.
"He professed great grief at the murder
of his aunt, but solemnly asserted his
innocence of the crime. He refused, however,
to make any statement except under advice
of counsel, and the sergeant judged that his
manner was that of a guilty man who had
started to flee, after the commission of the
crime, and then returned to face the
consequences.
"The police are to be greatly commended
for the rapidity and secrecy with which the
arrest was made. None of the newspapers
had any knowledge of the crime before they
went to press. The high standing of Dr.
Manson in his profession and the prominence
of the murdered lady promise to
make this case one of the most sensational
of recent years."
"Howard, my dear boy, I am sorry
for you," I said, as my partner ceased
reading.
"Sorry! What do you mean,
judge?" Howard asked, with a puzzled
look.
"Can you not see, if this account is
really a statement of facts, there is no
escape for your friend? He will most
certainly sit in the electric chair."
"You say that because you do not
know him," rejoined Howard. "While
he is cold, even stern in his manner,
and unpopular, he could never have
committed such a crime. He can
certainly explain matters satisfactorily.
This account is probably a
tissue of falsehoods woven by the
police to prejudice the public mind."
We proceeded to our offices and
found Mr. Virgil Manson, a cousin of
the doctor's, pacing the floor of Mr.
Miller's room the latter gentleman
had not yet reached his office. Mr.
Manson had come to our offices, at
his cousin's urgent request, for the
purpose of employing our firm, and
stated that Dr. Manson was
especially anxious to see Mr. Miller and
Mr. Freeman.
It appeared, from Mr. Virgil Manson's
conversation, that the
newspaper account was substantially
correct, and he professed himself unable
to throw any light on the matter. He
expressed his belief in his cousin's
innocence; one reason for this being
that he had met the doctor at the
Culture Club at about half-past nine
o'clock the previous evening, and his
manner had been perfectly natural,
although he had seemed a little
over-heated from fast walking. Mr. Virgil
Manson bewailed the disgrace that
would attach to the family on account
of the murder.
When Mr. Miller arrived the facts
were briefly stated to him, and he
accompanied Mr. Manson and Mr. Freeman
to the police station.
The Manson family had been clients
of the firm of Hazelton & Parsons for
many years. Michael Manson, the
founder of the family, had emigrated
from England toward the close of the
last century and had made a fortune
as a fur-dealer. He left one son,
Thomas Manson, who had increased
the family property by slow accumulations
and the purchase of real estate.
This gentleman imagined himself to be
a poet and had written what he termed
an epic. He had left three sons and
one daughter, the murdered woman,
Miss Sappho Manson. These sons were
all dead, but each had left one son,
bearing, in each case, the father's
name. These cousins, Homer, Virgil
and Milton Manson, were all unmarried.
Dr. Homer Manson, the
successful physician, was of medium
height, clean-shaven, with light-gray
eyes, a high forehead and dark hair.
His appearance was that of a reserved,
cold, self-reliant and studious man. It
was claimed, in the days when he
attended the medical college, that he
was the wildest boy in his class and
especially callous, jesting grimly amid
the mangled remains of the subjects
in the dissecting-room and sometimes
indulging in weird practical jokes.
On one occasion he had scared a
fellow-student almost out of his senses,
by attaching a wire to the hand of a
corpse so that it struck the student
who was dissecting it. He had
settled down, after graduation, but was
said to be indifferent to the infliction
of pain in his surgical operations. He
was noted as a bacteriologist and
vivisectionist, and it was asserted that he
used no anesthetics when operating on
animals.
Mr. Milton Manson was an undersized,
insignificant-looking man. He
had red hair and beard and, it might
be said, red eyes as well, for they were
constantly inflamed. He showed the
effects of years of dissipation. He
was a professional gambler and had
long since squandered the fortune
left him by his father. He was now
a hanger-on around gambling-hells
and pool-rooms.
Mr. Virgil Manson was much the
best looking of the three cousins and
by far the most esteemed. He was
of medium size, but alert and well
formed. His eyes were black, as was
also his hair, and he had one of those
large, pale, clean-shaven, clear-cut
faces which carry the impression of
benevolence. He was unusually popular
with women, and it was generally
supposed that he would inherit the
most of his aunt's wealth. He was
reported to be fairly successful in his
business as a promoter, but was one
of those men who, while regarded as
quite wealthy, are often pressed for
money. mo I had assisted him several
times in financial matters. He was
outwardly a philanthropist, being a
member of several charitable organizations
and the life and soul of them
all; but I had always believed that he
used these organizations as a means of
introduction to wealthy people, with a
view of extending his business.
All the nephews had expected to
inherit fortunes from their Aunt Sappho
and had endeavored to humor
her in her whims, which were many.
Only a month before her death she
had made her will, leaving a thousand
dollars to Milton, five thousand to
Virgil, and the rest of her estate
more than half a million dollars to
Homer. Mr. Miller had drawn her
will, and the reasons she assigned for
this disposition of her property were
these: "Milton is a spendthrift and a
gambler, Virgil is a hypocrite, using
the cloak of charity to cover his
questionable business methods, while
Homer, although cold and cruel, is the
only one who is any credit to the
family." Mr. Miller suggested that
such a disposition of her property
might lead to a contest over the will,
and asked her the sources of her
information as to her nephews. Her
answer was peculiar: "All the world
knows what Milton is, and thinks it
knows what Homer and Virgil are;
but I know what Homer is, and he
knows what Virgil is." After this
enigmatical sentence she proceeded
to give further directions regarding
her will. All the nephews, as well as
the members of the aunt's household,
had known of the provisions of the
will, for no secret was made of the
matter.
Before the party returned from
the police station, Judge Egert had
reached the office and we were
discussing the case when the gentlemen
entered.
Mr. Virgil Manson soon excused
himself, on the plea that he must visit
Miss Lilian Arnold, Dr. Manson's
betrothed, and give her such encouragement
as he could.
"You are acquainted with the lady,
then?" I ventured.
"Oh, yes, we are old friends. At
one time we were even more than that.
She is a member of our District Relief
Society, one of its most active
members, too; a most estimable and charming
girl. How deeply I feel for her in
this awful situation!"
The statement of the case made by
Mr. Miller to Judge Egert and myself
was certainly far from reassuring. The
doctor could not fix the time of his
departure from his aunt's house nearer
than between a quarter before and a
quarter after nine, as he had not looked
at his watch until, perhaps, an hour
afterward. His call had been pleasant,
except that his aunt had
expressed marked disapproval of Miss
Lilian Arnold, whom the doctor had
defended warmly, and they had both
become quite excited. There had
been no discussion whatever regarding
the will, such as Miss Reath had stated.
The scarf was one the doctor had
brought as a present to his aunt; it
was his habit to bring her all his old
scarfs to work into crazy-quilts. He
knew nothing of the button missing
from his overcoat, nor did he know
how the broken scalpel came in the
wound. He had worn a silk hat at
the time of his call instead of a derby,
but admitted that he had worn the
derby during the earlier part of the
evening and also when he went to the
club later; he could assign no reason
for making this change of hats. It
was generally known that they were
careless at the Madison-avenue
residence about putting on the catch-lock;
in fact, he remembered that he
himself had put on the catch when he
left the house the previous evening.
He also remembered that he had closed
the door between the reception-room
and the hall, as his aunt was going to
read for a while. He denied having
slammed the front door; he had left
both the reception-room and the house
almost noiselessly. He declined to
state where he went from the club, as
he did not wish to connect the names
of innocent persons with the scandal of
a murder case. He said that Miss
Reath had expected to be well
provided for in the will, but was left only
one hundred dollars, the same amount
having been left to John Meade, the
butler. All of Miss Reath's statements
regarding the conversation and the
doors were false, and he, naturally,
believed that she had some knowledge of,
or connection with, the murder. All
his aunt's nephews were accustomed
to visit her occasionally. Although
she was quite severe with Milton for
his shiftless habits, yet, in her kindness
of heart, she quite often advanced him
money. She had invested in one of
the schemes Virgil had promoted, losing
money thereby, and declined thereafter
even to examine any other
investment proposed by him, but had
taken an interest in his charitable
associations, giving money freely to
some of them. The chief bond
between the doctor and herself seemed
to be her family pride in his success,
rather than any sincere affection for
himself.
The doctor solemnly asserted his
innocence, but was much cast down,
seeming to be more exercised over the
deadly blow dealt to his reputation by
his arrest than over any danger to his
life. In fact, he seemed dazed and
puzzled at his peculiar position.
"To sum it all up," said I, "his
story is that he did not commit the
crime, that he does not suspect any
one, unless it be Miss Reath, and that
he denies most of the evidence against
himself, except that which is most
incriminating the clues, the scalpel,
the scarf and the button. Is that a
fair statement of the matter?"
"Yes, that states the case fairly,"
replied Mr. Miller. "I told the doctor
his case was a dangerous one. He
asked me to procure some hydrate of
chloral to quiet his nerves, as he feared
he could not sleep. His manner is that
of a guilty man who is puzzled how to
account for his actions. If his
language were not so clear, one might
almost suspect insanity."
"What is your opinion of the matter
now, Howard?" I asked, turning to Mr.
Freeman.
"You know how loath I was to
believe him guilty when I read the
account," answered Howard. "I knew
him at college and always liked him,
but I now recall that he was very
quick-tempered. Miss Reath's story
comports with this view of the matter.
He may have killed his aunt in one of
those violent rages for which he was
noted."
"Well, gentlemen," said I, "the firm
has taken the case, and we must do the
best we can. There are a few details
to examine, and I shall have Mr.
Germaine take the matter up at once."
To my surprise, Judge Egert offered
no suggestion, but seemed absorbed in
deep thought as the informal conference
broke up.
The next morning, both the cousins,
Milton and Virgil, came to our office
and urged us to do all in our power for
their accused relative. The
newspapers were unanimous in their view
that this was the most fiendish and
deliberate murder which had been
committed in years, and they insisted that
neither wealth nor position should
avail to shield the murderer.
The grand jury would not meet for
two weeks, and on my suggestion, to
allay public excitement, Dr. Manson
waived examination and was
committed to the Tombs without bail, to
await the action of the jury.
Mr. Germaine made an investigation
that was thorough. He questioned
all the servants in the house. The
butler, John Meade, was far from
communicative. He was evidently
hostile to Dr. Manson, because the
physician had urged his aunt to leave the
butler nothing in her will. He thought
that the doctor had worn a silk hat on
the evening of the murder, but refused
to state so positively. The butler had
left the house about half-past eight
and had returned shortly after nine.
He had not heard the door slam, as
Miss Reath had stated it did. He
thought he would have heard it if the
noise had been great, as it was his duty
to attend the door. He asserted that
Miss Manson was a very trying
mistress, full of whims and very exacting
with servants, in fact, with every one
with whom she was associated. He
had expected to receive at least a
thousand dollars by her will, but was
left only a paltry hundred. He
refused to state where he was while he
was away from the house that evening,
but Mr. Germaine found that he
had visited three saloons, and that he
had stopped at one both while going
for the police and while returning. The
other servants in the house knew little
of the events of the evening, until
summoned by the cries of Miss Reath.
None of them, however, had heard any
slamming of the front door, as alluded
to by the secretary.
The office-boy, James Carroll,
thought the doctor had worn a derby
hat all the afternoon and evening of
that day. He did not recall his wearing
a silk hat. He said the doctor
was a disagreeable employer and
forced him to do menial work, such as
taking invitations around the city for
Miss Manson's social entertainments.
Carroll was a medical student, and felt
himself superior to his station. He
claimed that Miss Manson had always
been ungrateful toward him,
notwithstanding the services he rendered her.
Yet, she was at times cajoling, and on
one occasion, learning that he deemed
it would require about a thousand
dollars to enable him to begin the practice of medicine after graduation, she
had told him that she was a benevolent
woman, who liked to assist the
worthy, and intimated very strongly
that she might advance him that sum
or leave it to him in her will. He had
relied on this implied promise for a
time, but had learned later that he
was not even named in the will.
Carroll manifested the utmost indifference
as to both the murder and the
fate of his former employer.
There was one thing that puzzled
Mr. Germaine the weapon which had
crushed Miss Manson's skull. Miss
Reath declared that there was nothing
in the reception-room with which
such a blow could have been inflicted.
Mr. Germaine was of the opinion that
such a blow could have been dealt by
a heavy cane, if wielded by an
athletic person. To sum it all up, Mr.
Germaine ascertained nothing of any
benefit to the accused, unless it was
the butler's opinion regarding the
silk hat, and this seemed to us too
trivial to have much bearing on the
case. All the partners were in the
consultation-room when the report
was made, but there was little said
until I took the initiative.
"If we can bring him off with
life-imprisonment, it will certainly be a
victory for the firm. The real truth
is that we never should have taken
the case."
"Life-imprisonment!" exclaimed
Mr. Miller. "You are optimistic,
judge! This case is clear; the
motive is plain. The doctor admits the
disagreement regarding his sweetheart,
and Miss Reath tells of the quarrel
over the will. The old lady was
doubtless going to change it. The
opportunity to commit the crime was
not unfavorable. The doctor could
not have known of Miss Reath's
presence in the library, or have foreseen
the chances that left the tell-tale
clues. Cruel character is such a
well-known trait in murderers that I need
hardly comment on it. The facts are
plain and, in the main, admitted.
They prove, not merely beyond a
reasonable doubt, but beyond all possibility of doubt, that this man is
incontestably "
"Innocent," interrupted Judge
Egert; "absolutely and incontestably
innocent."
All of us looked at the old judge as
if we doubted having heard him
correctly. Mr. Miller was indignant and
continued his remarks.
"No, not innocent, but guilty.
The evidence incontrovertibly proves
his guilt."
"The evidence, on the contrary,
establishes his innocence beyond even
an iota of doubt," maintained Judge
Egert.
"You mean, judge," observed Mr.
Freeman, "that you believe Miss
Reath's story to be false and so infer
that there is a conspiracy to fasten
this crime on Dr. Manson?"
"I mean nothing of the kind,"
rejoined the old judge. "I don't
know and I don't care whether this
woman's story is true or false. A
woman's mouth is not always a
well-spring of truth, as every man
who has cut his wisdom teeth knows.
But consider all her statements to be
true; with the admitted circumstances
they prove, beyond the possibility of
doubt, that, whoever committed this
murder, it was not Dr. Homer Manson.
It is a mathematical certainty,
in fact; one of the most simple problems
in the logic of circumstances."
"You have the proud distinction,
judge, of being unique in your views,"
said Mr. Miller, who was plainly out
of humor. "All the rest of the people
in this city are evidently fools. Why
don't you write a book on the
relations of mathematics to murder and
cite this case?"
I resolved to preserve peace, if
possible, and endeavored to reconcile
my partners.
"Judge Egert," I said, "I trust you
are correct, both for the sake of Dr.
Manson and for the sake of the firm.
You will pardon us, however, if we
cannot grasp your views unless you
state them."
"I wish to ask Mr. Germaine a few
questions before I make any statement," said the old judge. "Is Dr.
Manson left- or right-handed?"
"Right-handed. Why do you ask?"
"Because the crushing blow was on
the right side of the head. Does he
carry a cane?"
"No; when he goes out at night he
prefers to take a revolver."
"How old is the office-boy and on
what terms is he with the doctor?"
"He is about nineteen years old,
but athletic," replied Mr. Germaine.
"The doctor was about to discharge
him for incompetency and inattention.
I suspected it was his feeling
against his employer which made him
so positive that the doctor wore a
derby hat that night. The boy is
evidently of a sullen and revengeful
nature."
"Was there any peculiar event,
except this murder," resumed Judge
Egert, "which took place in that part
of the city about nine o'clock, the
same night, so far as you have
ascertained?"
"None that I have heard of,"
answered Mr. Germaine. "What
peculiar event do you allude to?"
"I can't say, myself," returned
Judge Egert, "but I think the one
who had the wit to plan this murder
so skilfully had also the wit to
fabricate an alibi, which might be needed."
"Your questions are as mystifying
as your view of the case, it appears
to me," remarked Mr. Miller. "It
would surprise me to have you give
any possible reason for believing
Dr. Manson innocent."
"It is no reason of my own,"
began Judge Egert; "it is the
incontrovertible, remorseless logic of
circumstances, clear as crystal, immutable
as the laws of the universe.
Let us consider this case in the light
of the facts stated. Dr. Manson is a
man of exceptional mental power, a
trained physician, an able surgeon,
one whose nerves are unshaken. He
was residuary legatee under the will
of his aunt and was known to have
called on her that evening. Had he
wished to kill her, he could have done
so in many ways that would have
eluded detection by disease germs,
for example, for he was her physician,
and could not only have prescribed
for her, but have signed the
death-certificate without exciting the slightest
suspicion. Now, instead of that
and you will remark that for the
present I admit that he had the motive,
opportunity and character of a
murderer how does he kill her? He
first crushes her skull with a blunt
instrument which, shifted into his
left hand, would have been most
awkward; and then, to make it
positively certain that any one must
recognize him as the murderer, he
takes a scalpel from his instrument-case
and thrusts it into her heart,
breaking it off in the wound. He
also leaves a scarf, which he admits
to be his, in the murdered woman's
hand, and, as if that were not enough,
he goes to the hall, tears a button off
his overcoat and, returning to the
reception-room, throws it on the floor.
For fear that, with all these
incontestable proofs of guilt, there may
still be some doubt that he killed this
woman, the doctor leaves the door
of the reception-room open and then
slams the front door if we are to
believe Miss Reath the only possible
purpose of which was to arouse the
inmates of the house and call attention
to the time of his departure. I don't
see what more he could have done, unless
it were to call in the servants and the
secretary, and murder his aunt in their
presence."
"Looked at from your point of view,
it does not seem plausible that the
murder could have been committed
in this way," I observed.
"Plausible!" continued Judge
Egert; "I tell you, it was simply
impossible, unless the doctor is a lunatic
with a monomania to commit suicide
by sitting in the electric chair. In
some respects logic resembles
mathematics and the conclusions are as
certain when the premises are
established. For example, when you go
into a room and remain there some
time, you ordinarily leave no perceptible
trace of your presence; it would be
exceptional if you left any article that
could constitute a clue to your presence
there. The existence of one
clue, then, would be exceptional; but
suppose there should be two clues,
that would be still more extraordinary.
It may be stated as a logical premise
that the chances would not be one in
a hundred that a careful man, not
desiring so to do, would leave a single
trace of his presence in a room; one to
ten thousand that he would leave
two; one to a million that he would
leave three; or, to state it
mathematically, the variation is that of the
direct ratio of unity to the ultimate
product of the number of clues, in
geometrical progression, each clue
being assumed to be of the constant
value of one to a hundred. Now, here
we have five distinct clues: the
presence of the doctor, the scalpel, the
scarf, the button and the slamming
of the door; so, working out the problem
mathematically, you can see that
the chance that the doctor committed
this murder, admitting he had the
motive, opportunity and character of a
murderer, is just one in ten billions.
As the entire population of the globe
is supposed to be less than a billion
and a half, using the French and American
system of numeration, it follows
that the logic of circumstances proves
beyond the possibility of a doubt,
more than six times over, that of all
the men, women and children in the
world Dr. Manson could not have
committed this murder. Do I make
the proposition clear? Can you see
the relation of mathematics to
murder, Mr. Miller?"
"Yes, I can see your ingenious
theory," responded the latter. "It is
very pretty as a study in mathematics
or logic, but the trouble is that it is
subversive of all principles of evidence.
It will be difficult to convince a judge
and twelve level-headed jurors that
the more proof you have of a man's
guilt the greater is the probability of
his innocence."
"Twelve level-headed idiots!"
exclaimed Judge Egert. "The average
juryman is about as competent to
weigh evidence as a pig is to dance a
polka. Men gathered indiscriminately
from the farm, the shop and the
saloon are, under our judicial system,
selected to pass on problems whose
solution necessitates the highest
degree of mental acumen. The only
thing that saves the system from
being an utter abomination is that
trained thinkers, lawyers, can
enlighten the jurors by their arguments.
However, this case will never go to a
jury."
"Never go to a jury?" I exclaimed,
in surprise. "Do you, then, think the
doctor will commit suicide?"
"Commit suicide? Of course not.
But when this case is fully presented
to the district attorney, he will never
ask for the indictment of Dr. Manson;
he will "
"Go on, Judge Egert," interrupted
Mr. Miller, testily. "Perhaps you
will finally prove that Miss Manson
murdered herself, jumping up and
striking her head against the chandelier,
then robbing Dr. Manson of his
scalpel and plunging it into her own
heart. Your theory is so simple, so
plausible, so natural, and appeals so
strongly to an ordinary man's common
sense! Of course, with your eccentric
views, you know who really did
murder this unfortunate lady."
"I fear, Miller," returned Judge
Egert, "you are a little chagrined
because your analytical theory regarding
crime has failed you on one occasion.
I don't know who killed Miss
Manson, but I can describe the person."
"Describe him!" I cried, in astonishment.
"How can that be possible?"
"I did not say 'him'; I said 'person'.
It certainly does not look like a
woman's work; unless it be assumed
that Miss Reath is in love with Dr.
Manson and jealous of him the
world has discovered no limitations
to a jealous woman's capabilities.
But I said that I could describe the
person; this is the description: some
left-handed person having the
opportunity to obtain the doctor's scalpel
and to take a button from his
overcoat; who hated Dr. Manson bitterly
enough to desire to see him sit in the
electric chair, and who knew of his
presence in the house that night; one,
too, who knew that the front door
was habitually unlocked; one so well
known to Miss Manson as to provoke
no outcry from that lady when the
person entered the reception-room,
and one strong enough to deal a
crushing blow upon the victim's
skull."
Then, turning to Mr. Germaine;
the judge asked: "By the way, did
the office-boy know of the door being
unlocked and of the doctor's presence
in the house?"
"Yes," answered Mr. Germaine,
"all his intimate friends knew that
Dr. Manson visited his aunt each
Monday evening. The office-boy had
frequently gone to the aunt's house,
when the doctor was called on
professionally, and entered there without
ringing the bell."
"My belief is," continued Judge
Egert, "that this murder was very
suddenly planned; that it was
committed either by some one in the house,
or by one who entered it shortly
before Dr. Manson left. The person
could not have entered afterward, for
you will remember the doctor put the
latch on as he left; yet the crime was
planned with great skill to throw the
gravest suspicion on an innocent
man."
"Yes," remarked Mr. Miller, drily,
"gravest suspicion is a good phrase
when a man is caught almost
red-handed, and every intelligent man
in the whole city, with one exception,
believes him guilty."
"Now, I assume," continued Judge
Egert, without noticing Mr. Miller's
sarcasm, "that a person capable of
planning such a murder would
endeavor to establish an alibi, if possible.
A well-established alibi is always the
best proof of innocence. If there was
an attempt to establish an alibi, it
was probably done, as is usual, by
calling particular attention to the
time of some occurrence which was
peculiar, as that is the sole means
possible of fabricating an alibi with
certainty. A real alibi is usually a
little uncertain as to time, but when
an alibi is fabricated, special effort is
always made to establish all the facts
with certainty."
"And you are actually credulous
enough," asked Mr. Miller, "to hope
to discover such assumed action for the
problematical fabrication of a
supposititious alibi on the part of your
hypothetical criminal, at a time which
is undetermined?"
"I certainly hope so to do," replied
Judge Egert. "If one wants
anything in this world, he usually
advertises for it. That is what I shall do
in this case. It is not certain, but is
worth trying. I must request that
no hint of my views be given to any
one. One thing more: much as I
dislike to do so, I must call on Miss
Lily Reath; I must see this woman.
No report can tell what lurks in the
thought-concealing eyes of a woman."
The next day Judge Egert and I
called on Miss Reath at the Manson
residence.
Miss Lily Reath was a peculiar
woman. She was about twenty-eight
years old, fair, yellow-haired,
gray-eyed, tall, powerful and graceful, not
beautiful, but of commanding presence
and perfectly self-contained.
Her face was refined, but she had the
high cheek-bones characteristic of the
American Indian, and her expression
was stoical. Her manner was calm,
and yet her cold gray eyes seemed to
conceal passions which might be
dangerous to one rash enough to offend
her.
Her story did not vary from that
which she had told the police
immediately after the murder, and she told
it simply, yet most positively, without
comment. But two or three allusions
to Dr. Manson soon revealed the fact
that she was very bitter toward him,
her only emotion being betrayed by a
vengeful light coming into her eyes
and her voice being slightly raised,
when, in answer to Judge Egert's
question if she had any warmer feeling
than friendship for the doctor, she
responded: "No, never. He would
have ruined me if he could, just as he
defamed my character before the
murder and questioned my veracity after
it. He is a cold-blooded libertine and
a heartless villain."
She said that Miss Manson was a hard
mistress and had been very unjust in
leaving only one hundred dollars to
her, who had borne her mistress's
almost insufferable whims for many
years, in fact, given the best years of
her life to a distasteful service. Yet
she said this calmly and without
excitement. She seemed to have
steeled her soul to hide any emotion
beneath the mask of cold features.
Judge Egert asked her if she could
obtain for him any photographs of Dr.
Manson and herself. She gave him a
quick, penetrating glance, indicating
distrust and unwillingness; then she
went to an album, took out two
photographs and handed them to him with
her left hand.
"I do not understand her at all,"
said Judge Egert, after we had left
the house, "but that is not surprising.
Since the day when Eve and the
serpent took their little lunch in the
garden, what man has ever understood
a woman?"
"I notice one thing quite peculiar
in this case," I remarked.
"What is that?"
"All who had any relations with
Miss Manson speak of her as hard
to satisfy, complaining or whimsical.
She seems to have been a woman of
great severity and to have been loved
by none."
"What is there peculiar in that?"
returned Judge Egert. "She was an
old maid and simply attained the
highest ideal in that character. Can
you not see something still more
peculiar in the case?"
"No; I fail to see anything remarkable,"
I answered.
"Everybody," observed Judge
Egert, "except his own relations,
seems to dislike Dr. Homer Manson.
His aunt merely admired his intellect,
Miss Reath and the butler detest him,
and his office-boy regards him with
deadly hatred. I can account for it
only by his cold, cruel nature. You
know cruelty to animals is one of the
marked characteristics of homicidal
criminals."
The next Sunday the following
advertisement appeared in all the leading
newspapers:
PERSONAL.
The undersigned will pay
one dollar for proof of any unusual or
remarkable circumstance occurring between
half-past eight and half-past nine o'clock
last Monday evening, between Second and
Sixth avenues and Twenty-third and
Thirty-fourth streets in this city. The
circumstance must have been noted as
occurring within the time stated. If the
information shall prove of value to the
undersigned, a reward of one hundred
dollars will be paid for it. State facts fully.
Z 219.
There were thirty-six answers
received, several naming the murder as
a peculiar circumstance, and they made
a singular revelation of what takes
place in a great city. I went over
them with Judge Egert. In that hour
these are some of the things that
occurred: A Frenchwoman was hugged
by a dancing bear in Second avenue;
two gamblers held straight flushes
against each other in Jim Ward's
poker-room on Twenty-fourth street;
a man was seen to kiss his wife three
times in the course of fifteen minutes
in a house on Twenty-ninth street.
"The writer of this note is probably
a fantastic and picturesque prevaricator,"
remarked Judge Egert.
Hans Oberhaupt held sequences in
succession in a pinochle game in Gus
Meyer's saloon on Sixth avenue. On
a bet, a man drank a quart of whiskey,
at one draught, in another saloon on
the same avenue.
There were other events described,
almost equally unusual. Only two
replies interested us. One stated that, a
little after nine o'clock that evening, a
tall woman was seen to run from
Madison to Fifth avenue, on Twenty-ninth
street. When she reached Fifth
avenue the woman stopped and quickly
retraced her steps.
The second letter was from the night-clerk
of a drug-store on the corner of
Sixth avenue and Twenty-seventh
street. I quote the material part of it:
At ten minutes past nine o'clock I was
waiting on a customer in the front part of
the store when a man stepped very quickly
into the side entrance. As soon as practicable,
I went to him and asked what he wanted.
"I have been waiting some time, and am
in a hurry," he said. "I want some
hydrate of chloral for an aching tooth."
As I was getting the drug, he broke a
vase standing on the show-case. It was
very clumsily, it seemed to me, purposely,
done, and I compelled him to pay three
dollars for it. He said he did not have
time to wait and would rather pay than
have any trouble, as he had an engagement
to meet a man at nine o'clock. I remarked
that it was already after nine. "You are
wrong," he said, and showed me his watch,
which indicated five minutes to nine. He
was slightly out of breath, as if he had
been walking quite fast or running. I do
not know whether you will consider this
unusual, but it seemed so to me. There
was something peculiar in the man's
manner and he was quite nervous. I hope you
will send me the money, as I need it.
|
Respectfully yours,
|
|
JOHN A. MOORE.
|
Judge Egert proceeded to investigate
the statements contained in these
letters. On the second day thereafter
he came to my office.
"Would it surprise you," he asked,
"to learn that the lady who ran
west on Twenty-ninth street, on the
night of the murder, was Miss Lily
Reath?"
"It certainly would."
"Nevertheless, she has confessed it
to Mr. Germaine, after I was prepared
to prove it, for her photograph was
recognized by the man who wrote the
letter regarding that fact. This
impassive woman was not, however,
disconcerted. She now claims that she
followed the murderer to identify him
positively, but, on reaching Fifth avenue,
saw him turn down Broadway;
so she returned to the house and gave
the alarm. The investigation regarding
the man mentioned by the drug-clerk
will require more care. Do you
think it possible, judge, that a man
could have the subtlety to commit a
murder and leave so many incriminating
clues that their very number
would induce the reasoning that he
was not the criminal?"
"No," I replied, "the idea is too
far-fetched. Besides, Dr. Manson has
broached no such theory; it is yours
alone."
"At any rate," continued Judge
Egert, "if the drug-clerk's story is
true, the close of the case may be
not only dramatic, but startling. He
claims not to recognize the photograph
of Dr. Manson. I am
preparing for him another test which has
occurred to me. I shall ask him to
call on Dr. Manson at the Tombs
to-morrow afternoon and then come
here to meet Mr. Freeman and me,
after our conference with the Manson
cousins. I presume you have no
objection to his sitting in the ante-room
until this conference is over?"
"Certainly not," I responded,
although I failed utterly to perceive the
reason for his request.
Late the following afternoon I saw
a young man, quite closely muffled,
talking with the clerk in the ante-room;
but I made no inquiries.
On Friday morning Judge Egert
came again to my office.
"The Manson case is drawing to a
close," he said. "While I have
conducted it thus far, I feel that some one
should share the responsibility with
me. I wish to know positively if our
firm is definitely employed in this case,
and, if so, by whom. You know I was
not present when the arrangements
were made."
"The employment is perfectly regular,"
said I. "Mr. Virgil Manson
came on behalf of his cousin, Homer.
I consented that the firm should take
the case, and Mr. Miller closed the
contract with Dr. Manson, at the
police station."
"Very well," said Judge Egert. "I
wish to make no mistake now, for
I find that the logic of circumstances
has misled me as to the motive of the
crime. It is a far more complex and
much deeper crime than I imagined,
one whose fiendishness and cruelty are
almost beyond belief, an almost
unparalleled example of the refinement of
murder. No wonder it bewilders the
mind."
"It bewilders me no more than your
words do now," I ventured. "Don't
let your logic of circumstances carry
you too far beyond the bounds of
reason."
"All right, judge," he said, with a
twinkle in his deep blue eyes.
"Remember, you divide the responsibility
with me. It will be your legal advice,
as well as my logic of circumstances,
that may condemn a fellow-mortal to
death. There will be a meeting of all
the parties connected with this case
at the district attorney's office, to-morrow
afternoon. Dr. Manson will be
brought from the Tombs, and Miss
Reath, the butler, the office-boy, the
letter-writers and others will be there.
The French method of confronting the
accused with his accusers will be tested.
The district attorney does not believe
in my theory, but is willing to give me
an opportunity to discover the slayer
of Miss Sappho Manson."
It was a little after one o'clock the
next day when Judge Egert left our
offices. I could see that he was somewhat
excited and perturbed. The two
cousins, Milton and Virgil Manson,
were with him, but they evidently did
not understand the importance Judge
Egert attached to the approaching
interview with the district attorney and
the witnesses in the case.
It was after four o'clock when Judge
Egert returned to our offices. Mr.
Miller and Mr. Freeman were with me
in the consultation-room, and we all
felt that a crisis was at hand. Judge
Egert was quite pale as he entered the
room.
"My partners," he said, "this is the
last murder-case I shall ever undertake.
I do not care to be both attorney
and executioner. I feared this
outcome. The slayer of Miss Sappho
Manson is no more, and a corpse is
lying in the office of the district
attorney."
"You mean that Dr. Homer Manson,
under pressure of the evidence, has
committed suicide?" cried Mr. Miller.
"I did not say so," remarked Judge
Egert, "but I may as well tell the
story.
"When we assembled at the district
attorney's office, there was evident
anxiety on the faces of all present. I
stated my view of the logic of the
circumstances in this case. The district
attorney admitted its force, but denied
its efficacy. I could see, however, that
Dr. Manson felt much relieved. I
reviewed the evidence and commented
on the failure of Miss Reath to state
the whole truth to the police. A
shadow swept over her features, and
for the first time that imperturbable
woman changed color and trembled.
I then detailed, rapidly and tersely, the
manner in which, as I believed, the
murder had been committed, and I
spoke of the results of my investigation
of the facts, detailing the events
immediately following the murder,
including the fact that two people were
seen running on Twenty-ninth street.
Then I suddenly told the story of the
attempted fabrication of an alibi. I
did this graphically, while more than
one of my hearers turned pale with
emotion. When I ceased speaking, it
was apparent that all present were
convinced as to who was really guilty.
After a moment's pause I said that,
to guard against any mistake, I would
now name the criminal. Before I
could do so, however, one of those
present sprang up and burst into
tears.
"'It will be necessary to take this
person into custody,' said the district
attorney. 'I will ring for the police.'
"'No; don't do that,' exclaimed the
criminal. 'I have suffered agony
enough without that. I can endure
no more. Give me pen and paper, and
I will narrate the events of that evening.
Judge Egert, however, has
correctly stated the more important ones.'
"The writing materials were
furnished and the confession written. As
the pen moved we could hear an
occasional sob of emotion, as though
the writer were yielding to some
over-mastering mental agony. The writing
continued for several minutes, and
then we noticed that the writer was
sitting motionless. Suddenly, there
was a falling forward of the body and
the head rested on the table. We all
rushed forward, and as we did so we
noticed a strong odor of bitter almonds,
and recognized that prussic acid had
done its deadly work the hand which
had slain Miss Sappho Manson was cold
in death.
"Well, the Manson case is ended,
for the confession had been signed and
the guilt had been acknowledged even
had this not been done. Here are the
last words written by one who has
passed into the great hereafter. I
will read the confession:
"'My hand alone slew Miss Sappho Manson.
My confession can make but little
difference. The 'be all and the end all'
are close at hand for me, now. For years
I was a slave to the caprices of this woman
who was deaf to all the higher aspirations
of my nature, and when she felt she could
not much longer possess her hoarded wealth,
as a reward for my patient devotion she
cheated me of my rights, under the
influence of one of the most cold-blooded,
cruel, heartless men in the whole world.
This man has been my evil genius. It
seems as if he was born to balk me in
all my wishes. I knew of his presence in
the house and I wished to overhear his
remarks, especially regarding me.
"'I slipped into the hall and from there
into the unlighted parlor. The door of the
reception-room was ajar. I could hear
the doctor talking of his love for his
sweetheart. Yes, he could talk of love, but he
cared nothing for the agony endured by
others. I heard him speak of the scarf he
had brought. Suddenly, the possibilities
of the case occurred to me. The quarrel
regarding Miss Arnold gave me the idea.
Here, unless my wrongs were righted, I
could at once have revenge on the only two
persons in the world I hated and such a
great revenge! The doctor's overcoat was
hanging on the hat-rack. It was the work
of a moment to go to it, extract a scalpel
from his instrument-case and tear a button
from the overcoat. By the side of the
hat-rack was a heavy piece of wood, with an
iron slit in the end, which was used for
turning the keys of the chandeliers.
"It was ten minutes to nine when the
doctor came out, softly as a cat, closed the
door of the reception-room, put on his overcoat
and slipped very quietly out of the
front door. There was a smile of cruel
satisfaction on his smug features. I at
once entered the reception-room. I spoke
of the will and its injustice. Miss Manson
refused to change it and mocked at my
distress. I had the stick in my hand. I
struck one powerful blow and almost
immediately plunged the scalpel into her heart.
She sank with merely a stifled cry. I threw
the button on the floor, placed the stick
where I had found it, and at once left the
house, slamming the front door. So far,
I had done all possible to accomplish my
purpose. The fact that my being
left-handed might attract attention to me never
entered my mind. That my subsequent
acts led to the proof of my guilt I reg regard
as simply an unlucky accident. I can say,
with my last words, that my only regret is
that my revenge has been incomplete.
The hand of the law shall never be laid
upon me. With the little vial in my pocket
I have the means to end it all, and at once.'
"That is all the confession, except
the name," said Judge Egert. "Of
course, you all can tell the name that
is signed to it."
"If Dr. Manson is not guilty, which
is still hard to believe," said Mr.
Miller, "there can be only one other
person who killed Miss Manson
her secretary, Miss Lily Reath, who,
in that case, deceived the police regarding
the facts. I have had a dim
suspicion that she might be guilty."
"What say you, Howard?" asked
Judge Egert, turning to our junior
partner.
"I believe it was John Meade, the
butler. He had nerved himself for the
act by his visits to the various saloons,"
responded Mr. Freeman.
"And you, judge?" said my old partner,
turning to me.
"I still think it was the office-boy,"
said I; "when the young are vicious
they are very vicious. Which of our
surmises is correct?"
"None of them," replied Judge
Egert. "The hand which struck
down Miss Sappho Manson was the
hand of one whom I suspected when I
had fully considered Miss Reath's
story regarding the quarrel over the
will and pondered on the murdered
woman's last words. The murderous
motive was not revenge alone, as the
confession states; it was also the sordid
one of inheriting a fortune, not only
from the dead woman, but from an
innocent man executed for a murder
committed by this inhuman criminal.
Love, jealousy, envy, hate, revenge,
hypocrisy and damnable cunning had
made the mind of this monster
a hell of seething passions.
"The one who lies dead in the
district attorney's office is the rejected
suitor of Miss Lilian Arnold, the
disinherited nephew of Miss Sappho Manson,
the bitter enemy of his successful
cousin, whose heir he hoped to be, the
famed, but false, philanthropist, Mr.
Virgil Manson, who, planning a murder
to incriminate another, while fabricating
an alibi for himself, has fallen
a victim to the logic of circumstances."