Robert L. Fish

A Handy Death

For my lovely granddaughter,

Carrie Lynn Stillson

Chapter 1

Molly Gilroy, telephone operator and receptionist for Hank Ross’s law firm, looked up from her switchboard. Her plump, freckled face broke into a happy smile.

“Hello, Mr. Ross. It’s good to see you back.”

“Thank you, Molly.”

“And how was the vacation?”

“Fine. How were things around here while I was gone?”

“Hectic.” Molly gave her usual impish grin. “But everyone coped.” Something occurred to her that had bothered her for years. “Mr. Ross, how come you always come back from your vacation on a Friday?”

“I always need a weekend to recuperate after a vacation.” Ross started through the small barrier that separated the reception room from the other offices, and then paused, smiling. “And how’s Arthur?”

“Arthur?” Molly looked puzzled.

“Your fiancé. His name is Arthur, isn’t it?”

“Oh, him. He turned out to be a terrible dancer,” Molly said. “I’ve got a new boyfriend. It’s been over a week now. We may get married,” she added archly.

Ross grinned at her, went through the barrier, down the hallway and into his private office. A shapely back was turned to him, its owner straightening some papers on his desk. Two perfect legs ended in small, neat ankles. Hank Ross watched in admiration a moment and then cleared his throat. The auburn-haired girl bending over the desk did not turn around.

“Welcome back, H. R. I’d recognize that throat clearing anywhere.” She turned with a bright smile showing even white teeth. “Well! You look nice and tanned. And rested. Did you catch many fish?”

Ross grinned. “Hello, Sharon. Who goes fishing to catch fish?”

“You mean you only go to get away from the office?” Sharon McCloud made a face at him. “And us?”

“Very definitely not to get away from you,” Ross said with a smile. “Just the clients.” He slipped out of his topcoat, hung it in place, and walked back of his desk. He leaned over, staring down at the mountainous pile of paper facing him. His eyes came up, mirroring his regret at being back at work. Fishing in Maine in the brisk October weather had been more fun. “Anything urgent?”

“Everything. But actually,” Sharon said honestly, “things are in pretty fair shape. The list of your phone calls is on top of the pile. I’ve handled the most urgent ones, those I could, and Steve managed postponements in both the Griffith and the Montgomery cases. I’ve started the probate proceedings in the Atkins death, so we can discuss whatever you want, whenever you want. Steve’s in court but he should be back sometime around noon.” She smiled. “Satisfactory?”

“Terrible!” Ross said, and shook his head humorously. “I’ll never be able to take another vacation. I can’t afford to. Whenever I do, you people in the office just use it as an excuse to prove I’m not needed around her any more. Even Molly—”

“Molly?”

“I mean, every time I go away, Molly changes future husbands.”

Sharon laughed. “She does that even when you don’t go away.”

“Who’s the latest?”

Sharon grinned wickedly.

“That was really funny! This man came in. I was in the outer office with Molly when he did. He was a rather nice-looking man, no boy — in his forties, in fact, I’d judge — but then Molly isn’t all that young either. He didn’t say anything to either of us, just sat down and started to leaf through a magazine. And Molly said to him, ‘Do you have an appointment with Mr. Ross?’ And he said, ‘Mr. Ross? I have an appointment with Dr. Ross — he’s a dentist, isn’t he?’ And I told him, ‘Not in this building, he isn’t.’ And the poor man looked so flustered I felt sorry for him. I guess Molly did too, because when I left the room she was looking up his dentist’s proper address for him.”

Ross laughed. “And that’s how they became engaged?”

“Well,” Sharon said, “when I went back out there he’d already left, but Molly told me they had a date for dinner, and after all, that was over a week ago. That’s a long time for Molly.”

“And now she says they’re thinking of marriage. It goes to prove how dangerous dentists can really be—”

The intercom interrupted him. Molly’s voice, distorted by the instrument as always, came to the two people in the private office.

“Mr. Ross? I forgot to tell you when you came in, because I didn’t really expect to see you until Monday even though you always get back from your vacation on Friday, but a Mr. Kuwoit was on the telephone to you most of yesterday afternoon up to five o’clock—”

“Mr. Kuwoit?”

“Yes, sir. His name is on Sharon’s list of phone calls to answer, but he said it was particularly urgent. I told him you were somewhere in Maine fishing, and he got mad when I couldn’t tell him exactly where he could reach you. Anyway, he called again this morning just before you came in. I thought you ought to know.”

“What company is he with, do you know?”

“No, sir, he didn’t say. At first I only spoke with his secretary, but Mr. Kuwoit himself finally came on the line. He seemed to think you should know him, but I don’t have any Mr. Kuwoit in my book. He said he wanted to talk with you about someone called William Dupaul.”

“Who?”

“William Dupaul. I think he’s the man who was in that riot up at Attica Prison yesterday. Should I call him back? I have the number.”

“Just a second.” Ross turned to Sharon. “What riot up at Attica Prison?”

Sharon was surprised. “Didn’t you hear it on the radio? Or see the papers?”

“I never do on a fishing vacation,” Ross said. He spoke into the intercom. “I’ll let you know when I’m ready to talk, Molly.” He flipped a switch and turned to Sharon. “Do you have the papers?”

“I’ll get this morning’s Times,” Sharon said. She disappeared to return in a moment. Ross sat down and studied the article. The headlines dealt with an attempted prison break at Attica; he skimmed it looking for the name Dupaul and found it halfway down the column. He then went back to read the article in its entirety.

“Attica, New York, October 16: In an abortive escape attempt yesterday at this State’s prison, John Miller, age 36, serving a ten-year sentence for assault with a deadly weapon, and Arnold Swift, age 24, serving a life sentence for murder, both armed, seized a prison garbage truck driven by Edward Lucas, 45, a trustee, and ordered Lucas to go through the gate. Lucas either purposely or accidentally swerved the truck and the vehicle crashed into a post. In the ensuing gun battle, Miller, Lucas and prison guard William Farrell, age 49, a veteran of fifteen years at Attica, were killed. Swift at present is in the prison hospital suffering bullet wounds in the head, arm, and chest.

“The attempted escape was made under cover of a disturbance during a baseball game at the prison, the first sports event permitted since the terrible events of September of last year. Authorities are investigating the possibility that the riot on the athletic field was prearranged among the inmate players to draw a majority of the guards to the field, which is located on the far side of the prison compound from where the escape attempt was made.

“Among those involved in the suspected baseball game where the disturbance began was William Dupaul, age 26, a second-offender who will be remembered for his brief but meteoric baseball career, and who is scheduled to be transferred to Tombs Prison in New York City this coming week to stand trial for the murder of Raymond Neeley, a murder which, oddly enough, took the record time of eight years to consummate—”

Ross paused a moment, surprised, but returned to the article.

“In 1964 Dupaul was convicted on an assault and battery charge after shooting Neeley during an altercation in the latter’s apartment. Neeley seemingly recovered from his wound, but an autopsy performed on his body following his death twelve days ago indicated that Neeley’s death was the result of the earlier shooting. According to the Medical Examiner’s office, one of the fragments from the shattered bullet worked its way to Neeley’s brain and after eight years caused his death.

“Louis Gorman, Chief Assistant District Attorney of Manhattan, in a press conference called at the time the autopsy results were made public, admitted that to his knowledge the case is without precedent, but Mr. Gorman indicated he feels confident of a conviction in the case.”

Ross laid the paper aside and frowned at Sharon.

“Did you read this?”

“Yes, Chief.”

“Was there anything more in yesterday’s papers? Or on the radio?”

Sharon thought. “Well, just that he was the youngest bonus baby when the Mets brought him down from his hometown somewhere in upstate New York when he was just turned nineteen.”

“Well,” Ross said, “any second-offender who’s involved in a prison riot where three men die — one of them a prison guard — has his hands full of grief. And the death of a man he shot before certainly doesn’t help him. Let’s see what this Kuwoit has on his mind.”

He flicked the intercom switch.

“Molly, would you get this Mr. Kuwoit back? And Sharon will be on, too.”

“Yes, sir.”

There was a brief wait and then the telephone rang, one short and one long, followed by two short rings. It was Molly’s signal that she would wait to hear two receivers lifted before putting the other party on the line. Ross picked up the instrument; Sharon sat down and raised her receiver, her other hand drawing her stenographic book to her and opening it swiftly. Her pencil appeared in her hand as if by magic, poised over the paper. Molly’s voice was quiet and efficient on the line.

“Ready with Mr. Kuwoit.” She plugged in lines and spoke into her headset. “Mr. Ross is on the line, sir.”

A deep voice came across the wire.

“Damn it, Hank, what kind of a circus are you running over there, anyway? Nobody in the office knows where you are, what you’re doing, how to reach you, nothing! Fishing up in Maine in October, for God’s sake! What kind of a fish story is that, for God’s sake? What are you, part of the CIA these days? All that ridiculous secrecy! Good heavens! And the name’s Quirt, not Quoit! Tell your girl!”

Ross laughed in pure enjoyment. Charley Quirt was the chief counsel as well as the vice-president of the Mets baseball team. They had worked together in the past on many club problems.

“Sorry, Charley, but I have a feeling you have a new secretary, and that she comes from somewhere in the depths of darkest Brooklyn, which might explain the Quoit — or Kuwoit, as Molly has it — for Quirt.”

“We’re the Mets!” Quirt said loudly. “Where should our secretaries come from, for the Lord’s sake? Oakland? Bite your tongue. And don’t say sorry, Charley; it makes me feel like that tuna on TV.”

“Sorry, Charley.”

“You should be.” Charley Quirt became serious. “Look, Hank, this boy Dupaul — it’s in all the papers, you know who I mean. He’s in serious trouble, the kind of trouble you can handle a lot better than the bookkeepers I have working for me. I want you to drop everything and get right onto his defense. You’ll bill the office — my office — over and above your regular retainer.”

“The way I read the papers,” Ross said, “he’s in lots of troubles. Which one are you referring to?”

“The murder charge, of course! Here he shoots some character umpteen years ago and the silly bastard just decides to die a couple of weeks ago, and now the DA’s office — undoubtedly looking for votes — has made up its so-called mind to prosecute Billy for first-degree murder. Of course, while you’re at it I’ll expect you to defend him on any or all charges arising from that trouble up at Attica yesterday, too.”

“Is that all?” Ross asked with a touch of sarcasm. “Any parking tickets he’s gotten you’d like me to fix while I’m at it?”

“If there are, I’ll let you know. Any facts I can give you?”

“A few—”

“For the fees you charge, you’d think you could dig out your own facts! All right, shoot.”

“I thought this boy Dupaul was a bonus baby when he signed with your club. That used to mean money, as I recall. Can’t he pay his own legal fees? He certainly didn’t get to spend too much money in Attica. What does he do with his cash? Gamble?”

“He didn’t keep that advance money,” Quirt said. “Don’t you remember? It was in all the papers at the time.”

“When did all this take place?”

“Nineteen sixty-four,” Quirt said. “The signing, the shooting, the whole damn mess. Why?”

“Because I was in Europe for the State Department in 1964, and they keep you too busy to read anything but the million reports they send out from Washington. So I don’t know anything about the boy or the case or anything.”

“Maybe it’s better that way,” Quirt said. “Anyway, about the money, the club was all set to sue for its return — not me, I wasn’t even in the country; it was a top management decision — when he sent the money back on his own volition. He said he hadn’t earned it, wasn’t likely to be able to earn it the way things looked, and therefore didn’t feel it would be right to keep it.”

“Or maybe he knew he wouldn’t be able to keep it in any event, and decided to make a good impression on the court through the newspapers,” Ross said shrewdly. “Just when did Dupaul — or his attorney — actually offer to return the money? Before or after he was found guilty?”

“Well, after he was found guilty, but before he was sentenced,” Quirt said. “What’s the difference?”

“A lot. Maybe his lawyer wasn’t so stupid. Who was his lawyer, by the way?”

“Hank, for God’s sake! If you have all the time in the world to waste, I don’t.”

“I just like to know as much as possible about a potential client and his background,” Ross said equably, not at all disturbed by the other’s impatience. “Who was his lawyer?”

“He had two, if you want to know. Not at the same time — first one and then the other. The first — at the time the trial began — was Louis G. Gorman—”

Ross whistled in surprise.

“Are you telling me that our distinguished Chief Assistant District Attorney, Louis G. Gorman — in person — defended Dupaul?”

“He was Billy’s first lawyer. Then—”

“And Louie now plans to prosecute him? Or that’s the impression I got reading this morning’s Times. A man he served as defense counsel for? Not very cricket, is it?”

“It’ll never reach the Ethics Committee of the Bar Association,” Quirt said drily. “You can bet that Gorman personally won’t appear as prosecuting attorney. He’ll assign it to one of his staff. But you can also bet he’ll mastermind it every step of the way.” His voice became fatalistic. “What can you do?”

“Not much. What happened to Gorman in the course of the trial?”

“As I said, I was out of the country at the time — arranging an exhibition schedule in Tokyo. All I know is that Billy fired him, which was his privilege, of course. And picked up Al Hogan, God rest his soul, for whatever improvement Billy thought that was. Anyway, Al Hogan was attorney of record at the time the boy was sentenced.”

“The ball club didn’t provide better counsel than that?”

Quirt’s voice was emotionless.

“Our top management decided to keep hands off. I wasn’t around; I couldn’t do a thing. I knew Al Hogan for years; we were friends, but I never had any illusions about his ability.”

“Seems a bit rough on the boy, though. I would have thought the club would have done better by him, a brand-new bonus baby...”

“You know the game of baseball, Hank,” Quirt said almost wearily. “You know how all organized sports are today. We’ve got to be holier-than-thou. Our boys chew gum now; no more tobacco, for God’s sake! We have to make the Boy Scouts look like little muggers in comparison. I pushed for the kid, but — well, the decision from upstairs was no dice. Strictly hands off.”

“It seems you people tried the boy even before the jury did,” Ross said quietly. “And poor Al Hogan, bless him, was probably in his cups as usual, so Billy Dupaul went up to Attica for a long time...”

Ross considered the telephone as Quirt remained silent. Sharon McCloud’s fingers were poised over her notebook, her pencil ready to attack again at a moment’s notice. Ross nodded to her to be prepared to begin her stenography and spoke into the instrument.

“Charley, if Dupaul gave the money back to the club, how could he afford a high-priced talent like Louis Gorman in the first place?”

Quirt almost exploded.

“Damn it all, Hank, what the devil difference does it make? If you want to ask a lot better question, ask me how we can afford a high-priced talent like you!”

Ross grinned. “All right. How can you afford a high-priced talent like me?”

“We can’t. Are you happy? Anyway, Louie Gorman wasn’t all that big or all that expensive in those days. Especially not all that big. Any more than he is today,” Quirt added under his breath.

Ross’s grin widened. “I heard that.”

“You didn’t hear anything. Anyway, the whole thing happened eight years ago. If you hadn’t been out of the country, Billy probably wouldn’t have spent more than a night in jail.” Quirt seemed to calm down. “If it makes you happy, nobody paid Billy’s legal bills. Or rather, you did and I did, and all the good people of the State of New York did. Billy’s counsels were court-appointed. Not that I’m saying court-appointed attorneys are any less dedicated to the job than any other.”

“No?”

“Hell, Hank, you know that! You’ve taken enough court appointments yourself in your time.”

“And expect to take more,” Ross agreed pleasantly. “Especially as long as there are clients like Charley Quirt to make up the cash register—”

“Whoa, Hank! Let’s not get carried away on this fee business!”

“I promise not to charge more than the Mets can afford,” Ross said piously. Across the desk Sharon bit back a smile. Ross became serious. “All right, Charley, what’s the story on Dupaul?”

“He’s in this jam — damn it, Hank! Haven’t you been listening for the last half hour?”

“I don’t mean that. I mean, why your sudden interest in him now? Eight years ago you people didn’t want to touch him. You didn’t want to pay for a decent lawyer for him. Now, if you’ll pardon the modesty, you want the best. Or at least the most expensive.”

Quirt hesitated a moment.

“Well, hell, Hank — the boy’s only twenty-six. I’ve kept track of him in prison. He keeps in shape, he works out regularly, or as regularly as you can up there since the troubles last year. And he pitches every time he gets a chance in one of the prison games...”

Ross frowned at the telephone in utter disbelief.

“Charley, are you trying to tell me you’re interested in getting this fellow out from whatever charges he’s up against — murder, riot instigation, or whatnot — because your team needs more strength in the bull pen? What happened to that gum-chewing, All-American-image spiel a minute ago?”

“God damn it, Hank, that’s not what I said! You don’t understand—”

“I don’t and that’s a fact,” Ross said candidly. “When the boy represented a large investment for you, and before he was even tried, you dropped him like a hot potato. Now that he’s a second-offender with a murder charge against him and a good possibility of having been involved in a riot that indirectly may have resulted in the deaths of three men, you want to pull all the stops and save him. As you say, I don’t understand.”

“Look,” Quirt said. “It’s simply — well, eight years ago I wasn’t in a position to try to help the boy—”

“Eight years ago you were vice-president of the Mets, and today you’re still vice-president of the Mets,” Ross said. “What happened? Or were you promoted since I talked with you last?”

Quirt paused a moment and then spoke, but now his voice was no longer apologetic. Now it was cold and hard.

“What the hell is this, anyway? A God-damned inquisition? Who’s hiring who around here? Look, Hank, do you want this case or not? There are other criminal lawyers in town, you know!”

Ross imitated the other’s tone of moments before.

“Whoa, Charley! Of course I want this case. Any time Louie Gorman makes big talk in the papers, I love to put pinholes in his balloons. And I have a feeling the money won’t be bad, either.”

“Well, I was beginning to wonder! All right, then, stop wasting your time and mine and get on the job. Billy will be brought down from Attica within the next few days for arraignment. If you’d like to interview him up at Attica Prison before then — over the weekend, say — I have some pull with the authorities—”

“I don’t need pull to interview a client, Charley. You know that.”

“Sure, only I thought if I could help—”

“I’ll handle it my way, Charley.”

“What? All right, you stiff-necked bastard, I was only trying to help,” Quirt said, slightly offended. “All right, get moving. Let me know how things are going, and if I can be of help in any way.”

“I will,” Ross promised. “Anything else?”

“That’s it. Goodbye, Hank. And good luck.”

“Right, Charley,” Ross said. He put the telephone back in its cradle with a thoughtful look.

Sharon said, “Do you want this transcribed right away?”

“No,” Ross said slowly. “Just put the notebook aside for the time being. Date it, initial it, and let me initial it as well, and then get another one to work from. Don’t tear out any sheets, even blank ones.”

He tented his fingers and swung his chair around, staring from the high window out over the island of Manhattan. A plane was taking off at a sharp angle from LaGuardia Field, leaving behind dissipating vapor trails. Hank Ross watched it disappear into a cloud bank. He spoke over his shoulder.

“What did you think?”

Sharon understood. She said, “Of Mr. Quirt’s reasons for wanting to help this man Dupaul?”

Ross swung his chair back to face the girl. “That’s right.”

“Well,” Sharon said, “it does seem strange, as you pointed out, that when Billy Dupaul represented a large investment on their part, they made no attempt to help him, but now that he doesn’t represent anything to them, they suddenly seem so anxious to get him out of trouble.”

“He doesn’t represent anything to them that we know of,” Ross said.

“Still,” Sharon said, “other than simple goodheartedness, what other reason could Mr. Quirt have? I’m sure it wasn’t for the baseball left in the man, because if he’s a second-offender, even getting out of the murder charge won’t affect his remaining in prison on his present sentence.”

“Though Charley said he kept track of the man in prison,” Ross said, and frowned. “What was even more puzzling, though, was when he said that eight years ago he couldn’t do anything to help Dupaul, and now he can. I wonder what happened to change the picture?”

“Just a change of heart?”

Ross shrugged.

“Maybe. Anway, we’ll worry about that later. Right now we’ve got a job to do. Let me know when Steve gets back from Court. I’ve got a real job for him. I want a complete abstract of the entire Dupaul court transcripts. Both trials — the one that sent him up for assault and battery — the Neeley case — as well as the one that made him a second-offender.”

Sharon nodded, her fingers relaying the information to her desk pad with lightning pothooks.

“I’ll also want as much background material on Billy Dupaul as possible, but Steve can have Mike Gunnerson’s office work on that.”

Sharon nodded and added the instruction to her pad.

Ross grinned and rose from his chair.

“And here’s the catch,” he said. “I want it by Monday, which gives him exactly two and a half days. On second thought, let Molly give him the good news; I hate to see a grown man cry. And besides, you and I are going out for lunch.” His smile broadened. “It’s been a long time since I’ve taken anybody to a meal except a trout.”

Chapter 2

Jeannot, maître d’ of the Sign of the Dove at sixty-fifth and Third Avenue, smiled happily at Ross and Sharon as he ushered them to a corner table. He flicked his hand majestically, waving aside the waiter who had appeared, making it quite evident that he considered it an honor to handle the requirements of these favored customers himself.

“It has been a long time, M’sieu Ross!” Jeannot’s heavy French accent did not obscure his meaning as he chided Ross for his extended absence. “And Miss McCloud! And we have had your favorite dish every day this week, too.” He raised his head dramatically, daring Ross to challenge his statement. “Trout!”

Ross laughed.

“Not today, Jeannot. I’ve eaten enough trout the past two weeks to last me a lifetime. Or, anyway, for at least several months. The next mistake I make in court, the District Attorney’s office will have to scale me instead of skinning me.”

He saw the hurt look that crossed Jeannot’s plump, handsome face and hurried to explain that he had not been unfaithful to his favorite restaurant.

“Not in New York, Jeannot. In Maine. Over a campfire.”

“Ah!” Jeannot understood and was satisfied. He raised a finger in the direction of the bar; the waiting bartender had been expecting it. He instantly began to prepare a very cold, extra-dry martini for Sharon; in the refrigerator beneath the bar he had, for Mr. Ross, a particularly chilled bottle of Cerveza Schneider, Argentinian beer, and the world’s best.

“But I haven’t,” Sharon said calmly. She laid aside her menu and smiled at Jeannot. “So I will.”

The maître d’ was puzzled. “Ma’am’selle?”

“I haven’t been eating trout over a campfire in Maine,” Sharon explained, “so I’ll have it here.”

“Much better,” Jeannot assured her, and smiled. “And for M’sieu Ross, in that case, a thick steak, très succulent, with pommes de terre hash brown and two salads of the house, n’est-ce pas?”

He beamed at the two of them, never doubting for a moment that his selection had been both accurate and gastronomically wise, motioned imperiously to a waiter to hustle the waiting drinks from the bar, and strode away, shoulders back and mustache alert, prepared to do battle in the kitchen for these special patrons, if need be.

Ross accepted his beer from the waiter and raised the chilled glass.

“Here’s luck. It’s good to be back in civilization — if you want to call it that — again.”

“It’s good to see you back,” Sharon said, and smiled at him over the rim of her martini. “You’ve spoiled me, taking me on so many business trips. Now I feel left out of things when I’m not invited along on a nonbusiness trip, like camping.”

“You could have done the cooking,” Ross admitted. “I might still like trout. Except that without you in the office, there wouldn’t be any business left to come back to. Steve’s a good boy and one day he’ll be a fine lawyer, but he couldn’t run the office. Any more than I could.” He smiled and raised his glass. “Here’s to the indispensable Miss Sharon McCloud—”

There was a slight tap on his shoulder. Ross looked up to find himself facing a rather excessively thin man, whose lined cheeks were clearly the result of excesses rather than age. At one time he might have been handsome, but he appeared as if he had aged faster than usual. He was wearing clothes more suitable for a person much younger than himself, and he could have used a shave. Ross looked at the man without expression, masking his irritation with the interruption.

“Yes?”

“Mr. Ross?” The question was clearly redundant, nor did the tall, thin man make the slightest effort to hide the fact.

“Yes, I’m Mr. Ross.”

“Press.”

The folder in the man’s hand appeared for an instant and then disappeared into an inner pocket of the flashy sports jacket before Ross had a chance to properly examine it or even to verify its authenticity. Sharon looked at the man curiously and then brought her eyes down to Ross’s face. Ross frowned up at the tall man.

“How did you know I was here?”

“I was at your office,” the man said easily. “Your telephone operator said you’d just left for lunch. I asked her where, but she denied knowing. That’s probably your idea of a good telephone-receptionist—”

Ross said evenly, “It is.”

“—but in any event, when I came down the elevator I saw you and your young lady crossing the street, and I simply followed.”

“I see. Well, I appreciate the Press, of course, but I’m sorry. At the moment I’m about to have my lunch.”

“I hate to disturb you,” the man said smoothly, “but your paragon of a telephone operator also said she didn’t know if you’d be returning after lunch, and it was important that I see you.”

“I’ll be back in the office after lunch,” Ross said, his dislike for the thin man growing by the minute, “but I’m afraid I have a rather busy schedule today...”

It was clearly a rejection, but the thin man didn’t seem to notice.

“Too busy to find out why you’d be better off talking to me before taking on the Dupaul case?” The skeletal face broke into a smile that looked like a rictus. The teeth were huge blocks of white, out of proportion to the sunken cheeks and narrow jaw. He winked broadly at Ross and started to turn away. “I’ll be looking for you in your office in an hour or so. Don’t rush your lunch on my account.”

“Hold it! Could I see that press card again?”

The thin man almost sneered.

“Of course. Be my guest.”

He reached into his inner jacket pocket and brought out the folder, opening it and placing it face upward on the table before Ross. The lawyer picked it up and studied it carefully; his eyes came up, matching the photograph behind the shiny plastic with the gaunt face smiling down at him so sardonically. The blocks of teeth were bared in a grin.

“Satisfied?”

“Your name is Jerry Coughlin?”

“That’s what it says, doesn’t it?”

“A stringer in sports for the Daily Mirror?”

“Among other papers,” Coughlin said calmly. “We can’t all work for U.P.I. or be staffers on the Times, you know. Everybody can’t make like Hildy Johnson in The Front Page.”

He reached out. Pencil-like fingers removed the folder from Ross’s hand and tucked the press card away in a pocket again. Coughlin looked down at Ross with a faint smile on his face.

“See the story in the Mirror this morning?”

“I read the Times.”

“Tough on you,” Coughlin said. “I dug out the story on that prison break try at Attica yesterday. The Mirror carried it.” His eyes held those of Ross for a moment. “Good reading.”

Something cued Ross to his next line. “Under your own by-line?”

For a moment the composure of the thin man faltered. Coughlin frowned blackly.

“It should have been, but it wasn’t. But I’ve got a lovely by-lined story that’ll be in the next edition you might be interested in. It’ll be out on the streets pretty soon.” He turned away again. “I’ll be waiting in your office an hour from now.”

Ross stared thoughtfully after the narrow shoulders in the loud sports jacket as they edged their way past waiters and tables to reach the street and disappear beyond the visual limits afforded by the curtained, latticed windows. He turned back to Sharon, raising his glass slowly, staring into the golden contents as if to find some answer there.

“The trouble with practicing criminal law—” he began slowly.

“What about it?” Sharon asked.

“It’s some of the people you have to associate with,” Ross said, and finished his beer in one swallow.

The emaciated Jerry Coughlin shook his head decisively as Sharon seated herself at her desk in Ross’s office, opened a new stenographic notebook, and reached for a sharpened pencil.

“No dice,” Coughlin said firmly.

“What?”

“I mean, alone,” Coughlin said emphatically.

“There is no ‘alone’ in this law office,” Ross said quietly. “Miss McCloud is my confidential secretary, and in this office that word means just what it says. She sits in on all my conferences.”

“But not on mine.”

Ross shrugged. “Sorry.”

Coughlin didn’t argue. Instead he raised his narrow shoulders in lack of interest and stood up.

“I came here to do you a favor, Ross. Either we do it my way or we don’t do it at all.”

Ross studied the bean pole of a man towering across the desk from him, watching him almost indolently. Several seconds passed before Ross came to a decision. He nodded to Sharon; she understood, closed her book, rose and left the room. Coughlin crossed the room and closed the door firmly behind her. He came back and sat down. There was no trace of expression on his face, no hint of triumph. Ross shook his head.

“You realize, of course, that I could have a tape recorder turned on this minute—” And a pity he hadn’t, he thought, with at least ten casette recorders in the various offices. “—or the room itself could be bugged, and my secretary could be in another room taking down everything you say.”

“I know,” Coughlin said calmly. “I also know that tape-recorder evidence stands far less chance in a courtroom than do personal witnesses.” He leaned across the desk, getting right to the point. “Ross, let’s not fight. We’re on the same side of the fence. Like I told you, I’m here to do you a favor. I covered that riot at Attica Prison yesterday. I was at the baseball game when the trouble started.”

“Doing what? The paper assigned you?”

“I don’t get assignments, or anyway, damned few. I work on my own. If I dig up something hot, I peddle it.”

“And what made you think something hot would happen at Attica Prison yesterday? Of all days?”

“I didn’t, particularly. But they’ve got a prison league and, believe it or not, there’s a certain amount of interest in prison sports. Ex-cons, maybe, figuring it’s their alma mater. Or family, maybe, of guys on the teams — lets them know that if Daddy’s hustling out in left field, at least he isn’t in the freezer. Anyway, I cover prison sports as a stringer, sometimes sell a couple of paragraphs to the local papers, sometimes sell a couple of lines in one of the big-time rags—”

“So?”

“So I saw what happened — exactly what happened.”

“And exactly what did happen?”

“Well,” Coughlin said, “I’ve seen Billy Dupaul pitch a lot of ball games over the years. He’s good. Big-league stuff, like he was when he first came up as a bonus baby. Maybe even better; stronger, more mature. But this time he throws four balls, one right on top of the other. And the cons in the stands don’t care greatly for the umpire’s calls, so they stage a slight riot.”

He shook his head with an indication of sadness at the vicissitudes of baseball, but his eyes were alert and bright, watching Ross sardonically.

Ross returned the look evenly. “So?”

“It was a setup,” Coughlin said flatly. “It was a plant.”

“Why?” Ross asked mildly. “I’ve seen the best pitchers in the business throw four balls in a row.”

“Sure — facing Willy Mays or Hank Aaron, maybe,” Coughlin said, nodding. “But Billy Dupaul was facing a clown named Ryan, doing a ten-to-twenty for safecracking. A safe’s about the only thing can’t run away from Ryan. He’s slower than glacier ice. Dupaul and Millard — he was back of the plate — those two can play catch a couple of times while Ryan is getting the bat off his shoulder. Dupaul can throw it past Ryan ten out of ten, but in this game — after a perfect warm-up — he throws four straight balls. I ask you!”

Coughlin paused for a moment for effect and then went on.

“And then what do you think just happened to happen?” The thin man opened his eyes wide for effect. “Surprise, surprise! A Donnybrook out on the field and the guards come from all over the joint — they’re still pretty much on edge at Attica, you know; a guy sneezes in the yard and he’s apt to get shot if he reaches for a handkerchief — and while everyone’s milling around on the athletic field, over on the far side of the joint two cons are making tracks for the open spaces!”

He leaned back triumphantly, his point made. Ross nodded politely.

“Well, it’s a fascinating story, and I appreciate your taking the time to tell me — but why?”

“Why what?”

“Why are you telling this to me?”

“Well,” Coughlin said, “seeing as how you’ll be taking on Dupaul’s defense on that murder charge—”

“I am? Where did you hear that? And when?”

“I heard it,” Coughlin said. “That’s all that counts. Are you trying to deny it?”

“Skip it,” Ross said. “Stick with the first question. Why are you telling me all about that ball game at Attica Prison?”

Coughlin stared at him a moment.

“Mr. Ross, you aren’t stupid.”

“Thank you. In general I would agree, but I’m afraid in this case—”

“I get it. You want me to spell it out for you. Do you think I’m afraid to? I’m not.”

“Good,” Ross said quietly. “Go ahead.”

“I will. Billy Dupaul’s going up for murder one within a very short time, and being involved in a prison break that cost a guard’s life isn’t going to help his chances. Not the way feelings still are over Attica. I know it, you know it, and we both know the other knows it.”

Ross remained silent, watching the man. Coughlin shook his head.

“And don’t try to tell me the DA can’t bring this prison break into the murder trial, because if he can’t he’s a lot more incompetent than I think he is. Sure, he’s not supposed to — and you’ll object like crazy, and the judge will bust his gavel pounding, and he’ll sustain all your objections, and strike tons of stuff from the record and all that noise — but what do you think will be going through the minds of the jurors? You know as well as I do.”

Ross smiled faintly. “You sound like a lawyer yourself.”

“I’m no lawyer but I’ve been around. I’ve seen the inside of courtrooms, and not as a prisoner, either. I know how they work. I know how the minds of juries work, too.”

“And how do the minds of juries work?”

“They work like this: Here’s this guy Dupaul, a bad apple, a two-time loser — look what happened up at Attica the other day. Last time they had a riot up there forty-three guys got killed. Riots are bad things; any guy starting one ought to be shot. What’s the judge saying? Don’t pay any attention to the riot and him starting it? What’s the judge saying? The guy isn’t charged with the riot, just with another murder eight years ago? Well, hell, sure he’s guilty! Any guy who would start a riot at a place like Attica must be a mad dog; ought to hang. I vote guilty.”

Coughlin pointed his finger around the room, stabbing it toward imaginary jurors.

“Me, too! Me, too! Me, too!”

He stared across the desk, his hand falling beside him.

“That’s the way the minds of juries work, Mr. Ross, nine times out of ten. And we both know it.”

Ross’s face was expressionless. “Anything else?”

“I think you have the picture,” Coughlin said. “Your turn.” He leaned back.

“Then let me ask you a few questions. Any objections?”

“None.” It was apparent that Coughlin did not lack confidence.

“Good. First of all, then, where were you — physically — when you were watching this baseball game?”

“On the south wall.”

“With the guards there? In one of the towers?”

“No. Over the athletic field. The field is located between the south wall and the main cell block, with the shops and the power plant and the hospital and rec building around it like sort of half an H. Anyway, over the athletic field, maybe halfway along the wall between towers, they’ve built a little sort of press box mounted down from the top of the wall a bit. A spectator box would be a better word for it; I guess they don’t get many reporters at their sports events. It’s for visitors, or off-duty guards, or anyone else who wants to watch a game and has the clearance to sit there.”

“And you have clearance?”

Coughlin looked at Ross as if this was a question beneath the intelligence of the other. Ross returned the stare imperturably. Coughlin shrugged.

“Of course.”

“Were there any other visitors there at the time? Any off-duty guards watching? Or were you there alone?”

“I was alone. Oh, the warden came by and said hello, but that was before the game started. They were at batting practice when he was there. All little angels. But I was up there alone when the game started.”

“How about on the field itself during the game? Any non-convicts? Who umpires the games, by the way? Other convicts? Trustees?”

“Guards,” Coughlin said emphatically. “They used to have prisoners as umpires — trustees — but the story is that after one bum call, or anyway one unpopular call, that trustee wandered into the Yard after lunch and was ganged up on. Damn near killed. Now they use guards.” He smiled humorously, his huge teeth showing. “The men can’t hate umpires more than they already hate screws.”

“I see. And who coaches the ball club? Or ball clubs? Do they have more than one team?”

“Well, sure. You ever try to play ball with just one team? They have a regular league. Six thousand men at Attica, remember.”

“And who runs the league? Who schedules the games, handles the equipment, things like that? Other guards?”

“Father Swiaki handles the whole sports program. He’s the prison chaplain. Remember Swiaki? All-American from Holy Cross about ’65 or ’66? A fabulous tackle.”

Ross disregarded Father Swiaki’s credentials.

“Was Father Swiaki present at the time of the game? And the disturbance?”

“You mean the so-called disturbance. The Maypole dance. Sure,” Coughlin said. “But he was sitting on the bench. I could see him.” He paused, leaned forward significantly, and added, “You can’t see a thing from field level. You sure can’t judge a ball from a strike sitting on the bench. That’s why I get such a kick out of a manager charging from the dugout and screaming about a call. Hell, he’s lucky he can see the batter’s shoes from there!”

“But you can see clearly from the spectator’s box?”

“Clear as a bell,” Coughlin said smugly.

“And what did Father Swiaki do during the riot? According to you, the so-called riot?”

“What could he do? Oh, he was out there trying to separate guys, but it was a joke. Like I’m trying to tell you it was a plant, a fake. It wasn’t a real riot. Five will get you ten nobody got a scratch in that Maypole dance!”

“I’m not a betting man.” Ross picked up a pencil idly; he looked from the pencil to Coughlin’s face. “All right. I’ve got the scene. Now, tell me about the ball game itself.”

“I told you. Dupaul purposely threw four straight balls to a klutz like Ryan to give the men a chance to yammer, and they did. And that was the cover-up for the escape try. Clear?”

“Clear enough,” Ross said. “In your story — or rather, the story you passed on to a staffer on the Mirror and for which you got no credit — did you mention your suspicion that the riot had been staged?”

“It was no suspicion.”

“Whatever it was. Did you mention it?”

“Who, me?” Coughlin assumed an innocent air, but there was a faint smile on his face. “And open myself up to a possible libel suit? Or — even worse — find myself testifying to that effect in court? Not a chance. Oh, I may have said that an unidentified guard claimed it as a possibility, but that’s about all.” He paused significantly. “Otherwise I wouldn’t be here doing you this favor.”

Ross nodded. He put his pencil aside and leaned back in his swivel chair, his hands behind his head, studying the confident figure across from him. He seemed to come to a conclusion and brought his hands down, straightening up.

“All right, Mr. Coughlin. Let me see if I understand you correctly. According to you, you are the sole reliable witness as to what occurred yesterday on the athletic field at Attica Prison. The guards on the field were in no position to properly judge the pitching — other than the umpire, who agrees with you — and Father Swiaki was on the bench, which is also a poor place for proper observation. And the prisoners in the bleachers, of course, would have been in on the plan. Correct?”

“You’re doing fine, Counselor.”

“Now,” Ross continued, “if I also understand you correctly, what you saw at the ball game clearly indicated that Billy Dupaul threw four balls purposely for the purpose of giving an excuse for the riot that followed, and in which three men, including a guard, died. This testimony, in your opinion, would be very detrimental to Billy Dupaul’s chances in his pending murder trial. Am I still correct?”

“Right on,” Coughlin said, and nodded his head, as one would to encourage a bright child in a recitation.

“All right,” Ross said. “You are also willing, I gather — for a price to be determined — to go on the witness stand in court and, according to your statement here today, perjure yourself and state that William Dupaul pitched both honestly and well, but that Dupaul was the victim of poor umpiring. I assume as a sports reporter you could qualify as an expert. Therefore, Dupaul would be innocent of any part in the escape attempt, and therefore of any culpability in the death of the prison guard. Is that substantially it?”

“Mr. Ross!” Coughlin looked shocked, but the pose was transparent. He seemed to be thoroughly enjoying himself. “If you should really have a tape recorder going—”

“I don’t.”

“—I would simply like to go on record as saying I suggested no such thing! I would never perjure myself on the witness stand. Or anywhere else, for that matter. I’m really not stupid.”

He paused with the significance he had exhibited earlier, and said, “In any event, the entire question will probably be academic. I probably won’t even be around at the time of the trial. And without my testimony, Mr. Ross, a good lawyer like you could make mincemeat of any evidence given by people who only saw the affair from the field itself. Or from other equally poor places to see things.”

“You flatter my ability,” Ross said modestly. “I’m sorry you might not be around to testify. Where will you be?”

“I’ve been thinking of traveling.”

“Oh?” Ross asked politely. “Do you know where?”

“I was thinking of Europe—”

Coughlin was openly grinning now. Ross thought that for a man who considered the possibility of tape recorders, Coughlin should also have considered a hidden motion-picture camera to catch that grimace. Unfortunately, he thought, neither one or the other was focused on the thin man.

“—or possibly South America,” Coughlin went on airily. “I hear Europe gets cold this time of the year.”

“And you prefer hot places, but not too hot.”

Coughlin laughed. “That’s right.”

“When are you thinking of going?”

“That’s sort of a problem.” Coughlin’s face fell. “That depends on finances, to a large degree. Things have been a bit tight, lately. I might have to borrow some money for the trip.”

“Oh?”

“Yes,” Coughlin said sadly, his eyes glinting with laughter. “Money is the very devil. Still, fifteen thousand dollars should be able to swing the trip. Fifteen thousand — my credit ought to be good for that amount at least, don’t you think, Mr. Ross?”

“Fifteen thousand? That’s a pretty expensive trip you’re planning, isn’t it?”

“First class,” Coughlin said. “I like to travel first class. All the way.” He came to his feet slowly and looked down at Ross. Ross looked back contemplatively. Coughlin smiled at him. “I’ll drop you a postcard from Venice, Ross; or maybe Rio...”

He walked to the door, opened it, and looked back over his shoulder.

“Addio.”

The door closed behind him softly. Ross looked after the man a moment and then leaned over, clicking on the intercom.

“Molly? Ask Sharon to come back in, and get me Mike Gunnerson in his office right away, will you?”

“Yes, sir.”

Michael Gunnerson was a private detective who handled all of Ross’s investigative work; in addition, long acquaintance and mutual respect had made the two men close friends. The private line that connected Hank Ross’s office with that of the investigator on the floor below in the same building rang almost instantly, three short rings, their usual signal that the call was personal. Ross picked up the receiver.

“Hello. Mike?”

“As ever. What can I do for you?”

“Who do you know over at the Daily Mirror?”

No question from Ross could completely faze Mike Gunnerson, nor did he usually answer a question from the attorney with another question. This time, however, there was no help for it.

“What department?”

“Sports,” Ross began, and then thought a moment. “Or somebody in their top management might even be better.”

“Well,” Gunnerson said, considering, “I know Mickey Sullivan in sports, and Sid Richards is the Old Man’s fifteenth assistant assistant in the front office, if that impresses you. Take your choice.”

“You take your choice,” Ross said. “I want to check on a character who claims to be a stringer in the sports department. He has a card, but it could be faked. I have a sneaking suspicion the only time he sees the paper is when he puts out his money at the newsstand. He also sounds as if he learned part of his English in a prison cell.”

“Oh.” Mike laughed. “I thought maybe you wanted to sue them for that article in their late edition today.”

“Article? What article?”

“The one in the Mirror. It just hit the street and I picked it up on the way back from a job I was on. It says you are convinced that William Dupaul is completely innocent of all charges, accusations, allegations, insinuations — did I forget any? — oh, yes; criminations, a nice old English word — against him, and that you intend to take on his defense and prove it,” Mike said, and added, “Not a bad spread. The article was by-lined by some character named Jerry Coughlin.”

There were several moments of pregnant silence. Suddenly Mike Gunnerson brayed with laughter.

“Want to make a bet, Hank?”

“No, thank you.”

“Ten to one that was the stringer you wanted checked out. Right?”

“Too right,” Ross said and sighed. “Well, forget it.”

“Forget it? You wanted him checked out before you knew anything about that article, and certainly not merely because he said he worked for the paper. He must have done something to irk you. What?”

Ross said calmly, “He tried to blackmail me.”

There was a moment’s silence. Then Gunnerson said quietly, “Is he going to get away with it?”

“I don’t know,” Ross said. “It isn’t my money — which he obviously must have known — but I doubt it.”

“Let me do a complete rundown on the guy,” Mike said. “Blackmail’s a two-way street, you know.”

“Save your time and my money. I’ll let him hang himself.”

“How?”

“I haven’t a clue,” Ross said. “But I’ll manage.”

“If you say so.” Gunnerson didn’t sound too sure. “By the way, any truth in the article?”

“I’m defending Billy Dupaul against the first-degree murder charge, if that’s what you mean. Charley Quirt of the Mets called this morning and asked me to handle the case.” Ross’s voice was expressionless. “And apparently held a press conference as soon as I said I would.”

Knowing Charley, Ross thought he could well have held his press conference even before he called. Charley never lacked confidence. Of course he could be doing Quirt an injustice; maybe he had a secretary who — He became aware that Mike Gunnerson had been speaking to him.

“I’m sorry, Mike. What did you say?”

“I was just saying that tomorrow’s papers should be interesting, too,” Mike said, and laughed.

“Oh? Why?”

“Because it’s a certainty that Louis G. Gorman of the DA’s office will accuse you of attempting to try the case in the newspapers.”

“After that interview he gave to the papers that was in this morning’s Times? I wish he’d try.” Ross grinned at the telephone. “If he does, I have just the man to write the article. Our friendly neighborhood newspaper man — Jerry Coughlin.”

Gunnerson laughed. “It ought to be interesting to see the DA’s reaction to blackmail.”

“No more than my reaction,” Ross said, suddenly sober. He added his goodbys and hung up.

Chapter 3

“About this Billy Dupaul—”

Steve Sadler paused and decided to wait until he had all his ammunition at hand before continuing. He shoved his thick glasses back on his nose, opened his stuffed briefcase, and began to stack the contents in neat piles before him on the conference table.

Steve was a tall, thin, studious-looking young man in his early thirties, whose thick glasses failed to hide the sharp intelligence in his gray eyes. He had come to Ross’s law firm directly from Brooklyn Law School, had more than proven his ability and worth in the first year of his association with Ross, and had turned down many offers to change locations since. Nor had he ever mentioned these offers to Ross, who nonetheless heard of them from other colleagues in the profession. It was one more of the facts that bound them — along with the other members of Ross’s professional family — together in mutual respect.

Steve continued placing his papers to suit his planned presentation; he made Ross think of his old artillery captain arranging his firing gear for most effective loading prior to a barrage. Ross waited patiently; he knew Steve never needlessly wasted time. When at last the young lawyer had everything to his satisfaction, he drew the first pile of papers toward him, pushed his glasses back into place — a habit of long standing — and looked up.

“How do you want this, Hank?”

“Give me the general picture first.”

“All right. William Emerich Dupaul was arrested on July 25, 1964, and charged with assault and battery in connection with the nonfatal shooting of a certain Raymond Neeley. He was released on ten thousand dollars bail and came to trial—”

“Who put up the money? The Mets?”

“He put it up himself; he still had his bonus money then. He got it back when he appeared for trial, and it was part of the package that went back to the Mets.”

Ross nodded and leaned back. Sharon noted the question-and-answer location on the casette tape that was rolling as they talked. Steve shoved his glasses back on his nose and continued.

“Dupaul came to trial in the New York County Supreme Court on November fourteenth of the same year, 1964. The delay was partially due to a crowded calendar, but also due to the time it took the victim, Neeley, to recover. The presiding judge was the Honorable Joseph Demerest. Dupaul pleaded not guilty. The jury found for the prosecution and Judge Demerest sentenced Dupaul to four to eight years at Attica Prison.”

Ross nodded. “All right. Details.”

“Right. On what, first? Dupaul, personally, or the case? I put the Gunnerson agency on Dupaul Friday night, and they worked over the weekend. I got the latest report just a few minutes ago.”

“Better give me Dupaul first.”

“Right.” The sheet was replaced on its proper pile and a second stack drawn closer. “William Dupaul was born in Queensbury, outside of Glens Falls in upstate New York, on June 5, 1945. His mother’s maiden name was Mary Emerich, of an old upstate family. His father was French Canadian, Pierre Dupaul, who Mary Emerich met on a visit to Montreal. People in Queensbury are still amazed at the marriage—”

Ross frowned. “Why?”

“Apparently the Emerichs were an old family, not much money but lots of pride, and Pierre Dupaul turned out to be a drunk who worked around old John Emerich’s orchards for a while, but generally loafed.” Steve looked a bit embarrassed. “I know it’s gossip, but I told Mike Gunnerson to have his man go into depth. Sharon said the sky was the limit on expenses...”

“Well, not the sky exactly, but maybe Shea Stadium,” Ross said with a smile. “Go ahead.”

“Right. At any rate, the problem of Mary Emerich and her drunken husband was resolved when they got hit by a train in 1947, when Billy was two years old. Their car stalled on the tracks and I gather Dupaul was drunk, and at any rate they were killed. Billy was raised by his maternal grandparents, John and Carrie Emerich, now both deceased.

“He apparently was raised in normal fashion; his grandparents weren’t rich, but Billy never went hungry. He went through school with average grades, no trouble of any kind on the record, no police record other than a few tickets for speeding. He was active in sports — four letters in high school — and was the captain and mainstay of the Queensbury High School team that won the national baseball championship in 1963 in Denver. The Mets always scout the championship and apparently they were quite impressed by Dupaul, and in 1964—as soon as he graduated around the end of May — they brought him down to New York as their number one bonus baby. They paid him two hundred thousand dollars to sign, and planned on putting him with one of the farms until spring training, and if he worked out the way they hoped and expected, he would be pitching regularly for the Mets the following season.”

Steve reached for another sheet of paper, pushing back his glasses.

“In New York he established residence at the Clairborne Hotel on East Eighty-sixth Street. On the night of—” Steve paused, eyeing his chief through his thick glasses. “Anything more on Dupaul personally? I have about everything here except his fingerprints.” He smiled suddenly. “As a matter of fact, I have those, too.”

“Just a few things,” Ross said, and nodded to Sharon. She noted the footage on the tape and prepared to put the question and answer in her book. Ross turned back to Steve. “Was he an only child?”

“Yes, he was.”

“Any girlfriends?”

“He was popular in high school, of course; the big hero, in fact. Lots of girlfriends at that period, but none that were mentioned during the trial as having been met after he came down to New York. Actually, he wasn’t here very long before he got into the jam. I can get Mike Gunnerson to put someone on it if you think it important.”

“Not at this stage of the game,” Ross said. “How about old friends? Did he come to New York alone?”

“No,” Steve said. “He drove down here with another boy from the same championship team. The two of them roomed together at the Clairborne. Dupaul used his influence to get this other boy — his name is Marshall — a tryout with the Mets. They gave him one of the morning tryouts they have during the season, but he didn’t make it.”

“His full name?”

“Jim — James, that is — Marshall.”

“And what happened to him?”

Steve shrugged. “He went home, I guess, when he missed out. His name came up in the pretrial depositions, but I imagine he was gone at the time Dupaul got into this trouble.”

“All right,” Ross said. “Let’s get into that trouble.”

“Right. Well, on the night of July 25, 1964, Billy Dupaul went out on a binge. Probably to celebrate signing the contract with the Mets for that much money. After all, two hundred thousand is a bit of change for a boy of nineteen to lay his hands on. He started off in his hotel room, apparently, and then went down—”

Ross interrupted. “When did he actually sign the contract?”

Steve dug into his papers and came up with a glossy photograph.

“Here’s a print from the newspaper shot that was in the Daily News showing the actual signing. It’s dated—” he turned the five by seven print over, “—July twentieth. Mr. Quirt is in it, too, standing back of Dupaul while he’s signing the contract.”

Steve handed the photograph over. Ross laid it aside without studying it.

“Steve, if Dupaul signed his contract on the twentieth, why did he wait nearly a week until the twenty-fifth to celebrate the event?”

Steve frowned. It was a point he had not considered.

“Maybe he wanted to wait until the check cleared. Until he actually had the cash?”

“No,” Ross said definitely. “To begin with, if you’re known you can draw against a check the minute it’s deposited, and against a check signed by Charley Quirt of the Mets — in front of a roomful of newspapermen — you can draw the full amount and the bank will even give you an armed guard to see you don’t get rolled on the way home. And secondly, how much money do you need to go out on a drunk? You certainly don’t need any more than most men carry in their pockets when they aren’t going out on a drunk.”

He nodded to Sharon to note the discrepancy and turned back to Steve.

“Was anything said or brought out during the trial as to Billy Dupaul’s reason for going out and getting drunk that night? By that I mean that particular night?”

“No,” Steve said, “only that he did. Is it important?”

“It’s too early to say what may be important and what may not be. Still, anything unexplained is always potentially important. Maybe Billy Dupaul wasn’t celebrating; maybe he was commiserating with himself for one reason or another. Feeling sorry for yourself is a far more common reason for getting drunk, especially among youngsters, and especially among youngsters who are athletes and don’t drink as a general rule.”

He looked at Sharon. She read the footage of the tape, marked it down, made a note in her book, and bobbed her head. Ross turned back.

“All right, Steve, let’s go on.”

“Yes, sir. Of course,” Steve said, “as far as Dupaul’s reasons for getting drunk that particular night, we can always ask him when we get around to interviewing him at the Tombs.”

“Except I like to have independent evidence whenever possible. Clients, even clients facing a life sentence, often lie. They think they know better than their defense counsel what can help them and what can hurt them. As witness Billy Dupaul changing counsel in midstream, going from Louie Gorman to Al Hogan. I don’t love Gorman, but compared to Al Hogan he has to look like Clarence Darrow.”

“Yes, sir,” Steve said. He returned to his sheet of paper. “Well, speaking of this drunk he went on, he started in his room. He had a bottle there and he testified to having a few drinks before going downstairs. Then, downstairs in the hotel bar, he ordered another drink—”

Ross raised his hand, interrupting.

“I know it’s legal at eighteen in New York, but did anybody in the bar ask him for any identification?” He smiled and tilted his head toward Sharon. “When Sharon first came to work here she was — well, past eighteen — but whenever we went out to eat, the waiter wanted to bring her a Shirley Temple or Coca-Cola with her meal.”

Sharon laughed. “I had some time!” She wrinkled her nose. “Unfortunately, they never ask any more...”

“Nobody asked him for identification. If you’d seen him, you’d know why. I never actually saw him myself, but I’ve got his statistics here, and they’re impressive. He was a big kid, and I imagine he’s a big man now,” Steve said.

“Okay,” Ross said, and looked at his watch. “Let’s get on.”

“Right. In any event, Dupaul had a drink at the hotel bar and then went out on the town. He stopped at a place called Marco’s on Lexington near Eighty-fifth and had a couple of drinks there. The bartender says he was talking to some character and then wandered out. The bartender also said it was a good thing he did, because in his state he wouldn’t have served him any more. Then, about twenty minutes to a half hour later, according to the timetable established, he was in a spot called the Mountain Top — it’s actually in a basement — on Fifty-fourth between Seventh and Eighth.”

“Quite a distance,” Ross commented, and frowned. “Odd.”

“Plenty of time to get there, especially in a cab.”

“I don’t mean that. Usually, when a person goes out on a binge, or even a simple, everyday pub crawl, he sticks to bars that are fairly close to one another. He doesn’t jump around. He doesn’t take cabs. There are certainly enough bars around Eighty-sixth and Lexington to satisfy the most demanding thirst.” He frowned and looked up from the pencil he had been twiddling. “Did Billy Dupaul claim to have any particular reason for going over to this Mountain Top Bar?”

“There’s nothing about it in the transcript.”

“Sharon, make a note of that. All right, Steve, what happened next?”

Steve Sadler shuffled some papers together, straightened his glasses, and shook his head.

“I’m going to have to give you two different stories now, Hank: the one told by Dupaul on the stand and the one told by Neeley. What I’ll be giving you now will really be the summation of many transcripts of testimony, together with the conclusions drawn from this testimony — not conclusions on my part, but on the part of the prosecution on the one hand, and of the defense on the other. And, as I said before, it will give you two completely different stories told by the two men.”

“And the jury believed Neeley’s story.” It was less a question on Ross’s part than a statement.

“I’m not so sure,” Steve said. “What I mean is that I think if I’d been on that jury, I would have had to find the boy guilty no matter whose story I believed. It’s a question of credibility. I know that old Mr. Hogan was blamed for poor defense by a lot of people after the trial, but they must have been people who got their information from the newspapers, people who didn’t really follow the trial at firsthand very closely. On the weight of the evidence...” His voice trailed off.

“Well,” Ross said in a reasonable tone of voice, “let’s assume we’re the jury here in this room. Let us hear the two versions.”

“Right,” Steve said. “Well, first, here’s the Dupaul version. Actually, of course, Neeley testified first, since he was a prosecution witness, but I’ll give it to you in this order.

“In this Mountain Top Bar, Dupaul said he sat down at the bar and found himself sitting next to a woman. He said she was pretty old; his exact words were ‘middle-aged, in the neighborhood of thirty or thirty-five’ but remember, at the time he had just turned nineteen. He said she was very good-looking and very sexy. He said they got talking and she told him her name was Mrs. Neeley, but he could call her Grace. She also said not to let the Mrs. bother him as her husband was away on a business trip. He also said he thinks he remembered that other people in the bar called her by the name Grace—”

Ross interrupted with a frown, the twiddled pencil still.

“He testified he thinks he remembered?”

“His testimony was full of ‘I think’ and ‘I’m not sure, but I seem to recall’ and ‘if I’m not mistaken’ and phrases like that.” Steve shrugged. “Naturally the prosecution tore him into little shreds on a good part of his testimony, but the boy freely admitted he was very drunk and therefore extremely hazy as to details.”

“Great!” Ross said in disgust. “All right. Go on.”

“Well, despite Dupaul’s testimony, the bartender in the place said he never heard of a Mrs. Neeley — Grace or any other name — and he didn’t notice the boy with anyone in particular, or anyone at all. The bartender said he cut Dupaul off after three drinks because he was obviously out on his feet. Dupaul denied this—”

“Were there any other witnesses to these events?”

“None that the defense called. The prosecution didn’t need to call any others.” Steve added, “In that regard, Hogan can be criticized, I think. I don’t believe he truly tried to find any corroborative witnesses.”

“All right,” Ross said. “I’ll try not to interrupt so much.”

“Right.” Steve referred to his paper, shoving his glasses back. “Dupaul’s story was that he was with Mrs. Neeley and in fact even bought her a drink and paid for it. The bartender said that lots of people, after being cut off, try to pull the gag of pretending to buy a drink for someone on an adjoining stool, but he still had no recollection of any woman. He also testified he was working the other end of the bar when Dupaul left and therefore couldn’t say if the boy went out alone or not. The place was busy and the bartender said he couldn’t keep track of every drunk around.

“At any rate, Dupaul’s story goes on that they went to an apartment on West Sixtieth Street by taxi — the taxi records were checked by the prosecution and no record of a trip to that address that night was found, but that doesn’t mean too much — it could have been a gypsy. Dupaul stated that he thought he remembered the woman leading him to a mailbox and pointing out the name ‘Neeley’ on it; the prosecution had a lot of fun with that, since the letter box is behind the stairs and out of the way, and why would the woman do it? Not that they denied that Neeley lived there.

“Anyway, Dupaul said he thought he remembered going up in an elevator and going into this apartment. He said he remembered sitting on a bed while the woman undressed him, and he remembered feeling very dizzy—”

Ross said, “Do you have his direct testimony there?”

“Right here. Do you want it?”

“No. Just give Sharon the page numbers. I may want to check it out later.”

“Right,” Steve said. He dug through one of the stacks, checking page numbers. “Pages 116 through 122. It starts — the part I’m describing now — on line 5 of page 118. Okay?”

Sharon nodded and marked the footage on the recorder meter. Steve went back to his notes.

“Well, to sum up his testimony, he said he wasn’t feeling well, but this woman obviously wanted to make love and he figured she was a prostitute, and then all of a sudden she let go of him and made this funny noise and there was a man with a suitcase standing in the doorway. The man started to swear at him and dropped the suitcase and started to go through a dresser drawer looking for a gun—”

Ross interrupted. “How could he know what the man was looking for?”

Steve reddened slightly.

“Well, actually he didn’t say that; he said the man was going through the dresser drawer and brought out a gun, and then the woman was pressing another gun into his hand and telling him the man was going to shoot them both, and when the man raised the gun he’d taken from the dresser drawer, Dupaul didn’t think, he just pulled the trigger.”

“And then?”

“The man fell down, bleeding, and Dupaul proceeded to get sick. He went into another room and threw up. When he came back the man was unconscious, lying on the floor and bleeding badly from the mouth, and the woman was gone. He started to get dressed and then ran out of the place with the rest of his clothes in his hands. He ran down the steps and right into the arms of the police. And that was that.”

Ross frowned. “What did he do with the gun he’d used?”

“He said he just dropped it after the shooting and before he got sick; he didn’t know what happened to it. The police later found it on the floor next to the bed.”

Ross studied Steve’s face. He said, “You’re not giving me all of it, Steve. On the basis of that testimony — a young boy, drunk, sick, scared to death, being handed a gun and told to use it for what he obviously considered self-defense — not only his own defense but that of a third person, and a woman at that — I’m surprised he received more than a suspended sentence. Even Al Hogan, drunk as a lord, should have been able to do better than that for the boy. But you apparently feel, from what you said before, that the jury was justified in finding Dupaul guilty on the basis of his story. So what are you leaving out?”

“I’m not leaving anything out,” Steve said with a grin. “I just haven’t finished putting everything in. Not yet, I mean. I still haven’t given you Neeley’s testimony, for instance.”

“True,” Ross conceded, and leaned back in his chair. “Fire away.”

“Well,” Steve said, “Neeley, to put it in a nutshell, says that Dupaul’s whole story is a fairy tale. Neeley says there is no Mrs. Neeley and there hasn’t been since they were divorced ten years earlier, and that her name isn’t Grace but Rose, and if he had come home and found his ex-wife entertaining a stranger in bed he would have given that stranger a prize, because it would have gotten him off the hook on the alimony payments he was making—”

Ross smiled. “Whatever gave him that idea?”

“I’m merely reporting what he said. Anyway, the ex-Mrs. Neeley was brought to court and denied ever having seen Dupaul, and Dupaul was equally emphatic that this was not his pretty, sexy Mrs. Neeley.

“The prosecutor more or less hinted, without coming right out and saying it, that Dupaul’s story had been composed, words and music, by Al Hogan — probably in one of his drunken states — and was patently ridiculous. He pointed out that even Mr. Hogan should have remembered that the police had found only the one gun in the room—”

Ross sat a bit more erect, interrupting.

“They only found the one gun?”

“Yes, sir. The one Neeley supposedly had taken from the dresser drawer was gone. Incidentally, the suitcase he supposedly had brought into the room also was not there.”

“How did they know the gun found beside the bed was the gun used in the shooting?”

“Actually, they never had to prove it. Dupaul never claimed it wasn’t.”

Ross shook his head. “Al Hogan should have done better! Well, go on.”

“Yes, sir. Hogan claimed the woman must have taken the second gun away, but the prosecutor pointed out that even Mr. Hogan would have to admit puzzlement that the woman — had she existed and had she taken a gun from the room — would almost certainly have taken the gun she gave Dupaul, rather than the unfired gun belonging — supposedly — to Neeley. Actually, the prosecution had a lot of fun on that score.

“Neeley further not only denied having walked into the apartment with a suitcase, but claimed he didn’t own a suitcase. He—”

“The woman could have taken it away, as well as the gun,” Ross pointed out.

“I suppose she could have, if there would have been any reason for her to do so,” Steve acknowledged. “But why on earth, in a panic situation, would a woman stop and pick up a suitcase before running out?”

“I have no idea,” Ross said flatly. “Go on.”

“Anyway, I’m merely giving you the testimony as it appears in the transcript. We can draw our conclusions later. Neeley said what actually happened was that he was on his way home—”

“From where?”

“He said he’d been to a movie. The defense questioned him about that and the details seemed to fit, but nobody made a big point of it.”

“It seems there were lots of points nobody made a big point of,” Ross said sourly. “Go on.”

“Neeley said he was passing the Mountain Top Bar when young Dupaul came staggering out and collared him the way drunks do, telling him what a miserable, lousy place New York City was, they wouldn’t sell a man a drink, and so on and so on. Neeley said he could see it was just a big kid in his teens and he felt sorry for him, so he told him to come up to his place and have some coffee and sober up.

“He said they walked — no taxi — on to the apartment on West Sixtieth Street, and when they got there, he went into the kitchen and put up some coffee — incidentally, there was fresh coffee on the stove when the police got there, whatever that proves — and when he came back the boy had wandered into the bedroom, taken off his jacket, tie, and shoes, and was stretched out on the bed, sound asleep.

“He says he woke the boy up and the kid wanted a drink, and when Neeley told him there wasn’t any liquor in the house — Neeley said there was, of course, but not for the kid — the boy didn’t believe him and started to get abusive.

“And when Neeley threatened to call the cops and throw him out, the boy got real nasty and started to tear the place apart, starting with the bed. Neeley grabbed him to try and shove him out of the apartment, at which — according to Neeley — the boy pulled a gun and said something to the effect of, ‘Do I get a drink or do you get shot?’ Neeley says he insisted there was no liquor in the place, at which the boy said something like, ‘I’ll find it easier without you,’ and shot him down in cold blood.”

Ross scribbled a note on the pad before him. Sharon looked at him, surprised he had not asked her to include it in her notes. Ross smiled at her.

“Just something that strikes me as being a bit odd,” he said, and turned to Steve. “By the way, what was the exact nature of Neeley’s wound?”

“The bullet struck him in the corner of the mouth on the right side, catching a bit of the lower lip. It apparently shattered on his jawbone and the fragments were pretty well scattered. The doctors managed to get most of them out, but it seems the one that eventually killed him was either missed by the operating physicians or was inoperable.”

“Was any testimony given at the time to indicate there was still a fragment remaining that was inoperable?”

“No, sir,” Steve said. “Still, Neeley was lucky at that. If it had been a thirty-eight instead of a twenty-two, he wouldn’t have had those extra eight years of life.”

“I’m not so sure,” Ross said thoughtfully. “A thirty-eight probably wouldn’t have shattered in the first place. It would probably have smashed the jawbone and gone out the side of the cheek, taking out a lot of teeth but not necessarily killing him. There are a lot of records of cases where the damage done by a small caliber bullet is far greater than would have been done by a larger caliber, mainly because of shattering.”

He thought a moment, his fingers drumming on the desk blotter, and then went back to Steve’s exposition.

“You referred to Dupaul saying he was hazy because of drink. When he was booked at the precinct, did they do a blood alcohol on him?”

Steve rustled among his papers, coming up with the proper one.

“Yes, sir. It was high — very high. Zero-point-three-five percent. That’s the equivalent of 3.2 milligrams. Rated as ‘almost incapable’ in the police tables.”

“How about Neeley? Had he been drinking? Did they run a blood-alcohol test on him as well?”

Steve shook his head with a faint smile. It wasn’t very often he had a chance to catch the boss off base.

“It wouldn’t have indicated a great deal, when they had to transfuse him with six pints of blood.”

“They still could have done a urine analysis,” Ross said shortly. “They didn’t transfuse him with that, did they?” He shook his head. “Well, I’ve seen some poorly handled cases in the years I’ve practiced law, but this strikes me as one of the worst. No one attempted to check witnesses, in the bar or on the street. For instance, was there any attempt to verify if anyone saw Neeley, with or without Dupaul, on the street that night? Were any advertisements placed in newspapers asking witnesses to come forth?”

“No, sir.”

“Did anyone bother to check the apartment-house tenants to see if anyone there saw anyone in the lobby or the elevator? Or the hallway?”

“The tenants were checked, but only desultorily as far as I could see by reading the transcript. None of their testimony was on record, just the testimony of the investigating detectives who checked.”

“Hogan must have been drunker than usual,” Ross said, and added, “rest his soul!” He checked his watch and looked at Steve. “All right — one last question and we’ll break for lunch. But I wouldn’t be able to enjoy my meal if I didn’t ask it—”

“Right,” Steve said, smiling, anticipating the question.

“What’s the big secret you’re holding up your sleeve? To make you so sure Billy Dupaul should have been found guilty and rated the four to eight no matter whose story the jury believed? If Neeley was telling the truth, I admit the boy comes on as a rather nasty piece of goods. But if the boy’s story was the right one, he should have walked out free and clear. And without one witness on either side, you’d think he would have been given the benefit.”

“Except there was one witness. Of sorts,” Steve said, and grinned.

“There was? You didn’t mention him.”

“I mentioned it. The gun. The one Billy Dupaul swore the woman had shoved into his hand. There had been no attempt to obliterate numbers or hide identification. I have a photostat of the registration with me here—” He gestured toward his papers. “It. was registered in Glens Falls. In the name of John Emerich, Dupaul’s grandfather...”

Chapter 4

Sharon McCloud had managed to spread a tablecloth over a portion of the conference table without disturbing Steve Sadler’s many papers, and was busy putting down paper plates and spoons.

“Sandwiches will be right along,” she said.

Ross grinned. “No beer or martinis today?”

“You have your choice of coffee or soda today. And like it,” Sharon said with mock severity. She turned at the diffident tap on the door and opened it to admit a young fellow from the delicatessen down the block. He was carrying a cardboard box filled with hot, capped cups, cold bottles, wrapped sandwiches and pastry. Sharon tipped the boy, piled the sandwiches on one plate, the Danish on another, and placed the drinks on the center of the cloth. Ross picked up a sandwich, discovered it was roast beef, and opened it. He took a big bite, chewed, and swallowed.

“Certainly not the Sign of the Dove.”

“Vacation’s over,” Sharon said. “We’ve got an urgent case now. Remember?”

Ross smiled. “You mean, shut up and eat?” He became serious, turning to Steve. “And what was Dupaul’s explanation?”

Steve was searching the pile for a corned-beef sandwich. He finally managed to unearth one by scattering the other sandwiches over half the table. Sharon, sitting quietly to one side, put down her sandwich, straightened the pile, and went back to eating.

“About the gun? He didn’t have any,” Steve said, and unwrapped the sandwich. “No mustard? Oh, well...” He shrugged philosophically, took a bite and chewed. “Not the Sign of the Dove? It isn’t even Lindy’s. Lindy’s isn’t even Lindy’s!”

“But he must have said something.”

“He just swore it was impossible.”

“He denied the gun was his?”

“No, he couldn’t very well deny that, nor did he try to. He said when his grandfather died, he just took over the old man’s guns. I guess there’s nothing so rare about that. People are supposed to transfer registrations, but few do. The gun was one of a pair of twenty-two caliber target pistols, S&W brand. Billy Dupaul claimed he only brought the one to New York with him.”

“And the second gun of the pair?”

“It’s still up in Queensbury, I imagine.”

“I don’t suppose Ballistics were able to do much with the shattered bullet?”

“Nothing,” Steve said. “They weighed the fragments and came up with the idea it was a twenty-two but that was about all.”

“Even with a fragment missing? Hogan should have been able to tear them apart on that.”

“Except that Dupaul admitted shooting the man. And the gun was his.”

“But he claimed he didn’t have it with him that night?”

“He swore up and down he had left it at the hotel. He said — repeatedly — that he had gone out on the binge without the gun.”

“And no explanation on his part to explain how the gun could have gotten there?”

“None.”

“Any fingerprints on the gun?”

“The barrel had some unidentifiable smears; the grip was corregated and didn’t take prints. But, as I said, there was never a question as to Dupaul firing it.”

“He fired a gun, then dropped it. The police found a gun. In the meantime Dupaul had left the room...” Ross thought a moment and then shook his head. “No, maybe in court I would have pushed that a bit, but I doubt I’d have gotten very far. I’d have to admit here in the privacy of our office that in all probability Dupaul’s twenty-two was the gun used and that he used it. Still, did they do a nitrate test on him?”

“No. I imagine they didn’t feel it was necessary.”

“Probably not. Still, they should have. Hogan might have gotten him to change his story. However — What was his explanation for failing to recognize his own gun when it was given to him? After all, he must have used it many times. You’d think he would have recognized the feel.”

“He was in no shape to identify guns. I doubt he could feel much of anything at that stage.”

Ross finished his sandwich, wiped his fingers on a paper napkin and tossed it aside. He frowned.

“Did the boy ever admit to carrying the gun since coming to New York? Or was it always left in his room?”

“He finally admitted carrying it on a few occasions. At first he denied it — after all, he had no New York City permit for it, and the Sullivan law is still a tough one — but a witness from the ball club, one of the other players, said he had seen the gun on Dupaul once, and Dupaul told him he wore it when he went into neighborhoods he had been told were dangerous.”

“Which covers about all of New York today,” Ross said dryly.

“Yes, sir. Anyway, Dupaul swore up and down he had left the hotel without the gun that night, but he couldn’t offer any more than his word.”

“Could he have gone back for it? After those drinks in that second bar he was in — the one on Lexington? And been too drunk to remember?”

“I doubt it. The timetable wouldn’t have permitted it.”

“It must have been pretty easy for the prosecution,” Ross said. “Here’s a witness, who admits being so drunk he can’t remember most of the things that happened, being positive on that one particular score.”

“Well,” Steve said, “he wasn’t drunk when he left his hotel room.”

“True. What about his roommate? This Marshall boy. Had he already gone back to Queensbury by this time?”

“He left that day, actually. But the room clerk who testified said that Marshall had checked out at least an hour before Billy Dupaul came down and went into the bar.”

Ross picked up a hot cup of coffee, removed the lid, added sugar and stirred it absently, his mind considering the facts Steve Sadler had given him. At last he sighed.

“Well, possibly I owe poor Al Hogan an apology, but I’m damned if I’ll dig him up to give it to him. I think he could have gone into a lot of questions in far greater depth, but in the end I’m afraid I’m forced to agree with you, Steve. On the basis of the evidence, including the pistol and including the flimsiness of Dupaul’s story, I can understand the jury finding the boy guilty. And Judge Demerest handing down that sentence. Still—”

“Unless,” Steve suggested, “it was Mr. Hogan who invented that flimsy story and saddled the boy with it.”

“I doubt it,” Ross said positively. “Al Hogan was a drunk, but he always had imagination. He not only would have come up with a better story, but he had a perfect one right to hand.”

Both Sharon and Steve stared at him. Ross smiled. Steve frowned.

“But what story could possibly have explained away that gun?”

“There was no need to explain away the gun. When you can’t explain something away, you merely incorporate it.”

Ross reached for a Danish, aware of the curiosity his statement had engendered, thought of his waistline, and reluctantly changed his mind. He wiped his lips and leaned back in his chair, dismissing for the time being the first case of the People of the State of New York versus William Dupaul. He motioned toward the casette recorder; Sharon, understanding, reversed the tape and prepared to continue.

“All right,” Ross said. “What happened to put him back in jail as a second-offender?”

Steve sipped his coffee, made a face, and put the cardboard container aside. “Awful,” he muttered under his breath, straightened his glasses, and dug into his pile of papers.

“He got into a fight.”

“When?”

“Well, he served—” Steve found the proper reference and checked it “—forty-three months on the first sentence, getting out in 1968, in June, for good behavior. The second offense occurred in December of the same year, about six months after his release.”

“All right. Go ahead.”

“He got into this fight in a bar. He was working—”

“Dupaul sounds like the sort of fellow who ought to stay out of bars,” Ross commented dryly. “Anyhow, bars aren’t supposed to hire ex-convicts. Not in this state.”

“True,” Steve said, “only he wasn’t working in the bar. He was wrestling beer kegs for a living, working for a brewing company. Either he didn’t want to go back to baseball, or more likely baseball didn’t want him back with a record. In any event, he was handling these beer kegs into this bar this day and one of the customers recognized him and started to needle him.”

Sharon had cleared the table, putting the refuse aside to be disposed of later. Now she was back with her stenographic book, noting the interruptions on the recorder meter. Steve referred to his papers and went on.

“In this case there were plenty of witnesses, all willing to testify. The bar was fairly crowded, but it was early afternoon and nobody was drunk. Unfortunately, most of the witnesses — like witnesses anywhere — had thirteen different stories. Still,” Steve added, “this time I find it a lot harder to excuse Mr. Hogan.”

“Al Hogan was his lawyer again?”

“Yes, sir. Appointed by the court again. Dupaul was broke, of course. And that was about all the work Mr. Hogan was getting in those last days. I imagine the courts must have felt sorry for him.”

“I felt sorry for him, too, but a little consideration for the rights of the accused to decent counsel wouldn’t have been too amiss, either,” Ross said evenly. “So what happened in this bar?”

“This one customer — a man named Clarence Riess — apparently recognized Dupaul and started to give him the needle. He got pretty obnoxious, it seems. He wanted to know if Dupaul had turned queer in prison, and asked Dupaul what he had really been doing in Neeley’s apartment the night he shot him five years before. The bartender claimed he was too busy to see or hear what led up to the fight; when he got around to noticing it the two men were already hard at it. There are witnesses who claim Dupaul kept his cool until this man actually called him names; others claimed Dupaul practically started it. Naturally, the DA’s office stressed the witnesses who suited them. Louis Gorman hadn’t risen to Chief Assistant in those days, but he was already on the staff. He was one of the men at the prosecution table.”

Ross shook his head and sighed.

“What I don’t understand is how, if even a barfly could see the proper defense in that first case, Al Hogan couldn’t, drunk or sober. In fact, I don’t believe it. Al was sharper than that.”

Sharon said, “I don’t understand.”

“Which only means,” Ross said, more to himself than to the others, “that in all probability Billy Dupaul wouldn’t let him use that argument for his defense. God save all lawyers from noble clients!”

“I don’t understand,” Steve said. “What defense?”

Ross studied the other two. He sighed.

“Do you remember before, I said that Al Hogan had the perfect defense if he wanted to invent a story? Just suppose Al Hogan had rehearsed the boy, Dupaul. Now, remember, Neeley had testified first, since he was a prosecution witness; his story was on the record. Now, suppose after hearing that testimony, Hogan took Billy aside that night and told him what to say. Suppose the boy got up on the witness stand and agreed with almost everything Neeley claimed; that he’d been drinking alone, met Neeley in the street the way the other man claimed, that he’d been pretty drunk, that Neeley had, indeed, invited him up to his apartment under the guise of sobering him up with coffee—

“But!” Ross raised a hand. “Suppose when they got to the apartment, Neeley had made a pass at him; had made him an improper proposition. Here’s a young boy, a stranger in town, a known athlete — hell! The jury would have freed him in five minutes. The boy carried the gun — his own gun — because he’d heard there were places and people you couldn’t trust in this town, and here was a case in point!

“Look at it from the defense attorney’s viewpoint. A man is stopped in the street by a drunk who tries to bend his ear with a sad story of how tough it is to get a drink in New York. What does that man do? He shakes off the drunk and gets away from there; the last thing he does is invite the drunk up to his apartment to sober him up. In this town? Al Hogan could have made mincemeat of Neeley on the stand. Not only have gotten Billy off, but probably have given Neeley some grief with the law.”

Steve nodded slowly. “Then why didn’t he think of it?” He suddenly remembered something and looked a bit sheepish. “Although, to tell the truth, I didn’t see it myself.”

“Al Hogan would have seen it as quickly as I did,” Ross said. “Which simply means he didn’t use the defense because Billy Dupaul wouldn’t let him. Billy had fired one attorney, and was probably ready to fire another if he felt he had to. And poor Al Hogan needed the work. Which could also mean...” He paused, thinking.

Sharon said, “Which could mean what?”

“It could mean that Dupaul, quite possibly, was telling the truth — or at least the truth as he saw it. Which, unfortunately, isn’t always the same thing.” Ross nodded his head. “Well, it’s something to think about. Let’s get on. What finally happened in that bar?”

“The man Dupaul was fighting — this Riess — went down from a blow from Dupaul and struck his head on the edge of one of the kegs Dupaul had been lugging in when the argument started. The man fractured his skull. The prosecution dug up a witness who claimed he saw Dupaul pull out his bung-starter, which can be claimed to be a weapon. The prosecution pushed that point, of course, and also brought in Dupaul’s first conviction—”

Steve saw the expression on Ross’s face, and nodded.

“Yes, sir, I know it’s inadmissible, but Mr. Hogan was half asleep during the trial, as far as I could determine; he died the following month, if you recall. The judge warned the DA’s table several times, but in the long run the impression remained with the jury. Dupaul, after a very brief trial, was found guilty of second-degree assault. It made him a second-offender.”

Ross remembered the words of Jerry Coughlin regarding juries and the impressions they retained. The newspaperman’s words were, unfortunately, all too true. Still, Ross couldn’t think of a better system to protect the innocent than the jury system.

“What happened to this man Riess?”

“He recovered completely. He’s probably starting fights in other bars right this minute.”

“And Dupaul was sentenced to what?”

“Seven and a half to twenty years as a second-offender.”

Ross whistled. “That’s quite a penalty for a random fight in a bar, especially considering that nobody got killed or permanently injured.”

“Well,” Steve said, “I suppose the man could have died. And the DA’s office, pushed by Gorman, as I hear it, really poured on the law-and-order bit; bloodthirsty killers roving the streets — those were his exact words. It must have had the proper effect on the judge to get Dupaul that stiff a sentence.”

“And he’s served so much of it, so far?”

“Well, he went in in late December, 1968, and this is late October... A few months less than four years. Incidentally, when Louis Gorman became Chief Assistant District Attorney, he served notice on the parole board that when, as, and if Dupaul ever became eligible for parole, he, personally, would oppose it vigorously. That was before Raymond Neeley died, of course. Now he’s pushing for the murder charge for all he’s worth.”

Ross looked surprised.

“Where did you get that information about Gorman’s statement to the parole board?”

Steve Sadler grinned. “That’s off-the-record information, Hank. From friends in the trade, so to speak.”

Ross knew enough to drop the matter. All professionals had their inner sources of information, much as the police department did, and it was enough that they had them without the need to discuss them. Instead, Ross pursued another angle.

“Why the extreme vindictiveness on Louie Gorman’s part? Directed, it seems, solely against Billy Dupaul?” Ross shook his head. “I know there are people that Gorman doesn’t like — myself being number one on the list, probably — but in general I wouldn’t call him a vindictive man.”

Sharon cleared her throat.

“Maybe I can help you there, H. R. I was—”

Ross grinned at her. He said, “You were just a little girl back in those days. What would you know of the affair? Or remember?”

“I wasn’t all that young, but thank you kindly all the same,” Sharon said, and smiled back. “After all, this Billy Dupaul was just nineteen when he went to prison, but you can be sure he remembers everything that happened, even if he was a bit fuzzy about what happened the night he got drunk. And I was older than Billy Dupaul at the time.”

Ross raised both hands in mock surrender.

“I won’t ask how much older. All right; what do you know of Louie Gorman and his grudge?”

“I was working for Mechles and Hutton in those days,” Sharon said. “The story went through every law office in town, I guess; if you’d have been in the country you would have heard it, too. Louie Gorman didn’t have too many friends, certainly not among his help, and they passed it on. Probably with a good deal of pleasure.

“One day, it seems, after Judge Demerest appointed him as Defense Counsel for Dupaul, Mr. Gorman mentioned to his wife that he, personally, thought the boy was guilty as the devil. They were at dinner, or in the sanctity of their bedroom — anyway, in the privacy of their home — when he said it, but his wife belonged to a bridge club, and I imagine she was so used to being held down at home that she took the opportunity to be a fountainhead of knowledge with her bridge-playing cronies, so she passed it on. And one of the women there passed it on again, and it went from lip to lip as these things do, and it finally reached a gossip columnist who used it as a fill-in. Without names, of course, but too easily recognizable. Well, Billy Dupaul saw it and recognized it. And showed up at Gorman’s office, steaming at the ears, and demanding an explanation.”

Ross was listening intently. Sharon smiled impishly and went on.

“Of course, if Mr. Gorman had simply denied the entire story, that probably would have been the end of the matter, but that wouldn’t have been like Mr. Gorman. Instead, he refused to make any comment to the boy at all. He simply said that his private opinions were his own, and that in any event they never entered into a case, nor had the slightest effect on the thoroughness of his defense—”

“You know?” Ross said musingly. “I believe he meant it.”

“Maybe so, but Billy Dupaul, even though only nineteen, wasn’t buying that argument. To him, a defense counsel had to believe his client was innocent, whether he was or not—”

“Which simply proved that Dupaul was innocent regarding the law,” Steve said with a broad smile. “Whether or not he was of the shooting.”

“Anyway,” Sharon continued, “Billy Dupaul not only fired Gorman on the spot as his attorney, in front of the entire office staff, and using the then-current teen-age vocabulary in doing it, but he also used physical force on him.”

“Physical force?”

“He slapped him,” Sharon said. “In front of everyone. And Mr. Gorman has never forgiven him.”

“Slapped him?”

“The story was that he said, ‘You’re too little to hit, and too big to forgive, so take this.’ And he slapped him a few times.”

“In front of his entire office?”

“Everyone. He dragged him from his office to do it.”

“Well, I can understand Gorman being irked, to say the least. Though I can see Billy Dupaul’s point, too. Luckily, I’ve been able to take my slaps at Louie in court, rather than physically.”

Ross grinned.

“The one I really pity, though, is Mrs. Gorman. I can imagine what went on when Louie got home that day.” He became serious. “All right. We have a defense to handle. Steve, I want you to take over most of the other cases we have pending; dole them out to the boys in the office you think can handle them best. I worked over the weekend to bring them up to date, so as to be free for the Dupaul case. And I’ll be available for consultation, of course.”

Sharon was noting the footage on the recorder meter, making notes.

“And, Sharon, I’ll want Steve’s summary typed up from the tape by one of the girls, with the memoranda on the points I raised to be inserted as they came, noting the meter footage. You know what I want.”

“Right, H. R.”

Steve said, “Where do you plan to start, Hank?”

“Well,” Ross said, “they’re transferring Dupaul from Attica down to the Tombs either this afternoon or tonight, and by the time they finish booking him in and getting him settled, it’ll be too late to do much with him today, so I’ll see him tomorrow. I think I’ll work with Mike Gunnerson in the meantime.”

Sharon frowned. “In what direction, H. R.?”

“In a direction nobody bothered to turn before,” Ross said, and came to his feet. “I’m going to start with the assumption that that flimsy, ridiculous, and unprovable story that Dupaul gave the jury in his first trial was the truth, the whole truth, and nothing but the truth.”

Steve looked at him a moment and sighed.

“Good luck, Hank,” he said. “You’ll need it!”

Chapter 5

Hank Ross pushed past the old-fashioned, large PX telephone switchboard that took up a good part of the space in the outer office of “Michael Gunnerson, Private Investigations,” one flight down from his own more commodious space, receiving an admiring glance from the shapely brunette seated there with much leg showing, and opened the door to Mike’s private office. The large detective was just finishing a cup of coffee; he crumbled the cardboard cup and tossed it in the general direction of the wastebasket. The collar around his thick, corded neck was open, his necktie askew. He looked up at his visitor and nodded somberly.

“Hello, Hank.”

“Hello, Mike. You’re losing your aim.” Ross bent down, retrieved the crumpled cup, and put it in the wastebasket. He straightened up. “You also look busy. And tired.”

“I am. Both,” Gunnerson said, and stared morosely at the man facing him. “And it’s all your fault, you know.”

“My fault?” Ross raised his eyebrows and pulled a chair from its place against the wall. He dragged it beside the desk, seated himself on it by straddling it, and studied the man across from him. “How my fault?”

“You’re hooked into this Dupaul case, aren’t you?”

“You know I am.”

“And you certainly don’t expect to get the man off without a good deal of help, do you?”

“You mean, without your help?”

“That’s what I mean.”

“And you’re so right,” Ross said with a smile. “But what’s that got to do with your being so tired even before the case has started? So far, all you’ve done is put a man up in Queensbury checking on background.”

“Maybe it hasn’t started for you,” Gunnerson said, and gestured wearily toward the stacks of papers that covered both his desk and the reference table behind him. “It certainly has for me. These are copies of the transcripts of the two Dupaul trials. Homework.”

Ross’s smile broadened.

“I seem to be about the only one who hasn’t read those transcripts.”

“Then you’re either smart or just plain lucky,” Gunnerson said gloomily. “They certainly won’t prove encouraging.”

“Why?” Ross asked, honestly wondering. “Steve Sadler gave me a rough breakdown of their contents, and it seemed to me there were plenty of holes in the prosecution case. I’m speaking of the first case, the Neeley affair, which is the only one we’re interested in.”

“You think so? But then, you didn’t read the transcript,” Gunnerson said. He frowned across his desk and tented his thick, hairy fingers. “Hank, if on top of everything I read in those transcripts, this boy was also involved in any way with that attempted prison break up at Attica the other day, and it looks like he was, then he ought to be put away for life in my estimation. For sheer stupidity, if nothing else.”

Ross smiled at him, a cool, gentle smile.

“Let me ask you a question, Mike. And if he wasn’t involved in that prison riot? And if the story he told in court at the time of his first trial was the truth?”

“The truth? That weak yarn? Come on, Hank!” Gunnerson shook his head. “When, after he tells this heartrending story about how the pretty lady wanted him so bad but, before he could figure out if he’d had too much fruit juice to hack it, along comes the big bad husband, and then the gun the lady fobs off on him just happens to be his own? Man! He ought to be writing for television serials!”

Ross studied his friend’s disgusted expression a moment and then leaned over the back of the chair. His voice was calm but deadly earnest.

“Mike, listen to me. If we’re going to work together on this, then we have to have a basis of understanding. If we’re not going to be at each other’s throats arguing all the time. And, of course, if we hope to win the case.”

He paused. Gunnerson was watching him closely. Ross nodded.

“And that basis of understanding must be to assume — completely, blindly, if you will — that the boy is innocent. Not of shooting Neeley, but of any intent to do more than save his life and that of the woman with him. In other words, that the story he told in court that day was the truth. Now,” Ross said, leaning back again, “starting from that assumption, where are we?”

“Out in left field without a glove,” Gunnerson said sadly. Suddenly he grinned, a wide-mouthed, big-toothed grin. He sat up in his chair. “All right, Hank, I’ll go along with you. We’ll assume that Dupaul’s story was the true one, and that all the others — mainly Neeley’s — are lies. It might be worthwhile at that. At least investigating it from that angle should clear some of the air, because, right or wrong, at least you’ll know where you stand on the case. If you know what you also stand to lose.”

“I’ll take the chance,” Ross said. “Do I have much choice?”

“Not a great deal,” Mike said, and rubbed his crew-cut, grizzled head. “And you have one expert on your side, too. Good old Sherlock. He said, ‘When you have eliminated all which is impossible, then whatever remains, however improbable, must be the truth.’” He grinned. “What he failed to say, of course, is that whatever remains may also be garbage.”

“Bite your tongue!”

“Consider it bitten. Now,” Gunnerson said, “let’s start all over. If Dupaul was telling the truth—”

Ross raised an admonishing finger.

“You’re forgetting our basic precept, Mike. Dupaul was telling the truth.”

“Pardon me. I meant since Dupaul was telling the truth, Neeley really walked into that apartment carrying a suitcase. He put it down and went to a dresser where he fumbled around and finally came up with a gun. Now, where did the gun and the suitcase disappear to?”

“Obviously they left the apartment with the woman.”

“And why would she take them?”

“Equally obviously, to discount the story she knew Dupaul would tell — the true story of what happened.”

“But, continuing to play Devil’s Advocate—” It was clear Gunnerson was enjoying himself “—why would she want to discount Dupaul’s story? Remember,” Gunnerson said, raising a finger for emphasis, “Dupaul was telling the truth. Neeley was there with a gun and he was going to kill the two of them. Dupaul was honestly convinced of that. Dupaul, therefore, saved the woman’s life. Now, why would she be so ungrateful as to remove the only evidence that would — or could — get her benefactor off the hook?”

Ross shook his head stubbornly.

“Let’s make a small modification in our basic premise that we believe Dupaul was telling the truth. We now believe Dupaul was telling the truth as he saw it! It will probably make a difference.”

“Fair enough,” Gunnerson agreed equably. “Still, why would the woman walk out with anything except herself? I can certainly understand her taking a powder from a murder scene to save herself a bucketful of grief, but why bother to load herself down with a lot of useless garbage like a suitcase and a gun? For ballast—?”

“Mike—”

“Let me go on. All right, maybe she’d take the gun. They come in handy sometimes. But even then, as the prosecutor said, why not the gun she gave the kid? At least she knew that one was loaded. And why the suitcase? She could have been seen with it. After all, a dame traipsing around lugging a suitcase in the middle of the night makes for easy identification. Not to mention guys offering lifts in cars, among other offers. Why didn’t she leave the thing where it was? Plus giving Dupaul a chance to save his neck?”

Ross stared at him a moment. He wrinkled his forehead in thought.

“When you put it that way, Mike, there can only be one reason, can’t there? Think about it.”

Gunnerson stared back. “A reason to walk out with somebody else’s suitcase? I don’t get it.”

“Think it over carefully, Mike.”

Gunnerson’s frown deepened. “I’ve thought it over carefully, and I still don’t get it.”

“Look at the whole picture from the beginning,” Hank said slowly. “A drunken kid in his teens, who — incidentally — had just come into a couple of hundred thousand dollars; a so-called chance meeting in a bar, a sexy woman, a bedroom scene; enter outraged husband back unexpectedly from a business trip; add a gun forced on the drunken kid; a shot; lots of blood around...” He stared at Mike coolly. “What does it sound like?”

“I know. It sounds like the old chicken-bladder swindle,” Gunnerson said grumpily. “Except for a few things.”

He started to tick them off on his fingers as Ross listened.

“One. In the swindle, the gun the drunk receives from the woman only holds blanks. This one held real bullets. Two. In the swindle the gun used is the one the woman takes away from the mark. This one was left and the other gun was taken away. Three. In the swindle, the woman in the case hustles the mark out of the room and gets in touch with him later — to blackmail him. In this case the mark remained and it was the woman who disappeared. And never got in touch with anyone since. Four. In the swindle the pseudo-husband usually has a plastic bag full of chicken blood in his mouth to bite on when the blank hits him. Here the only blood was his own. Five. In the swindle they always know who the sucker is and work a long time to set him up. In this case, to believe our truthful Billy Dupaul, he happened to meet the lady in a bar by accident.”

“You know better than that,” Ross said. “He happened to meet the lady the way the victim of a card trick happens to pick any card in the deck. The card is forced on him, and I’d bet the idea of that particular bar at that particular time was forced on Billy Dupaul in the same way. Suggested subtly, maybe, but definitely suggested.”

“By whom?”

“I’d like to know! Possibly the man Dupaul was talking to in that bar after he left the hotel and before he went to the Mountain Top Bar.”

“You’re reaching, Hank! How would the steerer know he’d go there?”

“As I said before, I’d enjoy knowing.”

“And how about the other points I raised?”

“Well,” Ross said, considering, “as far as the chicken blood is concerned, the woman could have cleaned that up as well.”

Gunnerson eyed him sardonically.

“She doesn’t know when the cops will get there; she’s in the room of a man she thinks is dead, killed violently; she has to get dressed — and now, in addition to carrying off a useless gun and a suitcase — so she won’t float, I imagine — she now stops to do a bit of housecleaning? And you wouldn’t call that reaching, Hank?”

“We don’t even know the swindlers bothered with chicken blood,” Ross said stubbornly. “Dupaul was so drunk he could have been convinced he really shot the man even without the evidence of blood.”

“A rather long chance for swindlers to take, don’t you think?” Gunnerson said. “Supposing Dupaul stuck to orange juice when he got mad?”

“We don’t even know whether there was chicken blood around or not,” Ross said, still unwilling to give up his argument. “After all, nobody looked for it. The police come in on a guy covered with blood. Are they going to stop to take samples to be analyzed of the blood, or are they going to forget it and rush him to the hospital? And in the hospital are they going to wipe his chin and send the scrapings to the lab to see if a chicken bled on him while he was damned near bleeding to death himself?”

He raised a hand abruptly, preventing Gunnerson from answering.

“I doubt it. Let’s look at it like this. There’s only one condition that seems to fit the facts. Let’s assume it started out as a simple swindle, and then something went wrong. Unaccountably, the gun wasn’t loaded with blanks, but with shells—” He grinned and shook his head. “No, I don’t like that. That would really be reaching...”

“That wouldn’t be reaching,” Mike said. “That would be plain falling down!”

“Let’s start over. Let’s assume it was a swindle as far as Raymond Neeley was concerned, but that as far as the woman known as Grace was concerned, it was a simple assassination attempt. How about that?”

“You promised not to reach,” Mike said reproachfully.

“That’s not reaching,” Ross said, insulted. “You admit the picture has all the earmarks of an old tried-and-true swindle. The poor sucker thinks he shot the husband and is open for blackmail from then on, or to go to prison for knocking off the husband of a woman he made sexual advances to. Not a very good spot to be in.”

“Wait a second—”

“You wait,” Ross said, his arguments firming themselves in his mind. “You raised certain legitimate objections; well, I’m answering them. If it was a swindle scheme and the gun the woman handed Dupaul had live ammunition in it, we can scarcely believe the ammunition got there by accident. So, who put it there? Neeley, even assuming he provided the gun? I’m inclined to doubt he would arrange to be shot. Dupaul? He says he knows nothing about the gun, and our scenario has him cast as Honest Harry, whose word is good as gold. Or platinum. So it has to be the woman—”

“If there was a woman,” Mike said sourly.

“Are we back to that?” Ross looked at his companion reproachfully. “There was a woman. Our client, Honest Harry, said so, and arguing is counterproductive. Now, if this woman put the ammunition in the gun, or even knew the gun was loaded when she handed it over, then she was suckering Billy Dupaul into killing Neeley for her.”

He paused a moment for Gunnerson to object, but when the big grizzle-headed man merely rubbed his head, Ross went on.

“As far as that goes, if her object was to kill Neeley, she wouldn’t care if the sucker had money or not. Anyone she could pick up in the bar, looking young and stupid and preferably drunk as a skunk, would do. Especially someone young enough to panic in a rough situation, like being caught in bed by an irate husband. In fact, considering it, on that basis it could be a pure accident that Dupaul was the sucker. It could have been anyone she picked up in the bar who fit the general description.”

“And this stranger would accidentally shoot Neeley with Dupaul’s own twenty-two-caliber pistol?” Gunnerson said sarcastically.

“I forgot about that,” Ross said and smiled, abashed. “Anyway, that argument wouldn’t have held much water in any event. Neeley would have picked the mark — the sucker — and it would have been a man with money. And he would have been in for a shock if he opened the door to the bedroom and saw a complete stranger in bed. No. The only conclusion we can come to—”

“If Dupaul wasn’t giving us drunken dreams. If Dupaul was telling the truth.”

“—since Dupaul is telling the truth, is that Neeley thought they were working the old chicken-bladder swindle on the boy, but that the woman had other ideas. She intended to use Dupaul to kill Neeley and arranged to set him up as target for tonight all the way. Gun included.” He smiled at Gunnerson brightly. “How does that sound?”

“Like the ravings of a tortured mind. How did she get her hands on Dupaul’s gun?”

“I haven’t the faintest idea,” Ross said cheerfully. “Next?”

“Why didn’t Neeley blow the whistle on her during the trial? After all, the lady tried to have his head blown off, which is scarcely a nice thing for strangers to do, let alone partners. Why not put the so-and-so where she belongs? Behind bars for attempted murder?”

“And end up behind bars himself for attempted blackmail? Because that’s what the swindle amounts to, and that’s what would have happened. No,” Ross said and shook his head. “Neeley was in the bind. He couldn’t pull the rug out from under the woman without accusing himself. Which explains the story he came up with.”

There were several moments of silence as the two men contemplated the straw man they had constructed.

“Well,” Gunnerson said thoughtfully at last, “it makes a logical story, I suppose, although I’m sure that given enough time and a little mental effort I could probably come up with six different theories that would fit the facts as well as the one you’ve just dreamed up—”

Ross said, “Give me just one.”

“You haven’t given me the time. And I keep coming back to that old refrain — why did our friend Grace take that suitcase?”

“As I explained before,” Ross said patiently, “to further implicate Dupaul by making any story he told look like a fabrication. He was bound to tell how the husband came in with a suitcase and dropped it. By making it appear there was no suitcase, she puts young Dupaul more in the soup. Which is what she wants. What she does not want is for the jury to believe Dupaul and start looking for her.”

“And I still say, why take the suitcase?” Gunnerson said stubbornly. “Why take the chance of being seen on the street with it? All she had to do was stuff it into a closet, shove it way back on a rear shelf. What would be so unusual about the police finding a suitcase in an apartment? What would it have proved? Certainly not Dupaul’s story; it certainly wouldn’t have helped his case a hell of a lot. Unless—”

Gunnerson suddenly paused.

Ross said, “Unless what?”

“The suitcase must have contained something she wanted,” Gunnerson said slowly. “She didn’t take it to hurt Dupaul; she took it because she wanted it. Maybe it had her things in it. For a getaway.”

“No,” Ross said. “I’ll buy her taking the suitcase for itself, but not for a getaway. The swindle, in Neeley’s mind, was just beginning. They were a long way from getting their hands on the money. Neeley would have been suspicious if he were carrying a suitcase filled with her things, and there was certainly no reason for him to fill it with things of his own. No, the suitcase almost certainly had to be empty.”

“So, even more, why would she run out carrying an empty suitcase?” Gunnerson demanded. “Hell, that makes even less sense!”

“No, it doesn’t,” Ross said slowly. He smiled. “You know, Mike, you and I complicate things entirely too much. She took the suitcase for the very simple reason that it belonged to her. Neeley said in court he never owned a suitcase, which would have been an exceptionally stupid statement if it weren’t true. Therefore the suitcase belonged to the elusive Grace, and the reason she had to take it away was because it would have led to her identification. It probably had her initials on it, or something of that nature.”

Gunnerson looked at him with mock admiration.

“Mr. Ross, as they say in Arkansas, you are purely a genius! It’s wonderful the way you manage to find explanations for everything you want to fit into one of your theories.”

“You have a better explanation?”

“Well, no,” Gunnerson said, “but that’s not the problem. The problem is to prove your explanation.”

Ross grinned at him.

“That’s your problem, not mine.” His smile faded. “Which won’t be too easy after eight years. And after nothing was dug up on the woman even at that time to help Billy Dupaul prove his story.”

“Well,” Gunnerson said, serious now, “facts are the one thing that don’t age and don’t erode. They didn’t find the woman when the trail was fresh for the simple reason that they didn’t look for her. They didn’t believe she existed. Now us, we believe she exists, don’t we? Sure we do. You just told us she did. Therefore we look.”

“Where?”

“An excellent question,” Gunnerson said. “Actually, I have a few ideas just based on our discussion here today. And that transcript you haven’t bothered to read, of course.”

“There’s one more thing for us to remember,” Ross said slowly. “It may be true that Neeley couldn’t denounce the woman in court, but I seriously doubt that he ever forgot or forgave what she did to him. Maybe the police didn’t look for her very hard, but I’ll bet he did.”

“If she existed, I’m sure he did, too,” Gunnerson said in bland agreement. “In fact, that already occurred to me. Nor do we know he didn’t find her. Which only means that if he could, we should be able to.”

“And if he looked and didn’t find her?”

“Then just hope we’re luckier.”

“I hope,” Ross said, and came to his feet. “Well, you have your target for tonight. Prove there is — or was — a woman who called herself Grace Neeley, at least for one night, and then find her.”

“That’s all?”

Ross grinned. “Then all you have to do is prove she was involved in the swindle and tried to kill Raymond Neeley. Which will get our client off the hook.”

Gunnerson’s tone was sarcastic.

“After which why don’t we prove the twenty-two pistol really wasn’t the one Dupaul brought down from Queensbury, but belonged to a long-lost grand-uncle, also named John Emerich, who lost it in a poker game one night out West to a dancehall hostess whose granddaughter happened to be named Grace?”

Ross laughed. “It would certainly help if you could!”

“Thanks,” Gunnerson said sourly. His eyes came up to study Ross’s face. “How far can we go on this one?”

“Well,” Ross said, “you know who’s paying our client’s bill. I’d say you can go as far as you need to on this one.”

“Right,” Gunnerson said. “Mr. Quirt of the Mets. The only thing I don’t know is why he’s paying.”

“I don’t either,” Ross admitted, and walked to the door. His hand found the knob and twisted it. “Does it make much difference?”

“It might,” Gunnerson said slowly, and frowned at the man in the doorway. “Hank, my people were the ones who dug up that glossy of Billy Dupaul signing the Met contract that Steve Sadler showed you. With Charley Quirt grinning like a hyena behind the boy.”

Ross frowned back. “So?”

“So they dug up a lot of things while they were digging,” Gunnerson said slowly. “Like Mr. Charles Quirt didn’t make the slightest effort to help young Dupaul eight years ago.”

“I know,” Ross said. “He couldn’t. He was out of the country.”

“I hear they’d invented the telephone by that time,” Gunnerson said sarcastically. “Don Ameche stayed up one whole night to do it.”

Ross stared at him.

“What are you driving at?”

“I’m driving at this,” Gunnerson said flatly. “Mr. Quirt wasn’t out of the country when the scout’s report on Billy Dupaul was put in. He wasn’t out of the country when the bonus contract was discussed. What I’m trying to say, Hank, is this — Mr. Charley Quirt’s sudden interest in Billy Dupaul’s welfare is very interesting. When the contract came up, Charley Quirt fought like the devil against it. He didn’t want Billy Dupaul on the Mets or near the Mets, good player or not!”

Chapter 6

Tuesday dawned clear and with a relative warmth for that late autumn day that was welcome, and on such days Hank Ross made it a practice to walk to work from his apartment on East Sixty-second Street. For a change the smog that so often covered New York had been washed away by the heavy rainstorm of the night before, and the towering skyline of lower Manhattan loomed beyond its nearer mid-town neighbors, seeming nearly as close. And down near City Hall, among that further stand of brick and glass, Ross knew, was the Tombs Prison with its latest guest, William Dupaul. To stand trial for a first-degree murder that took eight years to happen.

He turned from the street into his building, his eyes accustoming themselves to the gloom of the lobby after the glaring brightness outside. He emerged from the elevator at his floor with the jauntiness that had accompanied him on his brisk walk largely diminished. The Dupaul case was not an easy one; no case without precedent was ever an easy case, he reminded himself. And the only new factor since its inception eight years before was the death of Raymond Neeley and the subsequent autopsy. The Neeley post-mortem examination had been performed by the New York City Medical Examiner’s office, a group of scientists with an international reputation, and Ross knew both the dangers and the difficulties of trying to impugn their findings.

If Dupaul shot Neeley eight years before with malice aforethought — and being drunk was certainly no extenuating circumstance — then it was not only possible but clearly probable that a jury could be persuaded by a capable prosecution to consider it first-degree murder even after eight years. And Gorman and his staff were quite capable, there was no doubt of that. They were also capable of bringing in all the other jury-influencing factors, such as a second offense and a suspicious riot at Attica Prison.

With a sigh at the prospects, Ross turned into his office and then was forced to smile at Molly’s beaming face.

“Hello, Molly. You look happy this morning, at least.”

“Oh, I am, Mr. Ross! Jimmy wants me to meet his family.”

“Jimmy, I gather, is the nondancing Arthur’s dancing replacement?”

“That’s right. Jimmy Carter.”

Ross could see that Molly was mentally testing the sound of the name, Molly Carter. He couldn’t help himself.

“And he wants you to meet his family? You mean, his wife and children?”

Molly made a face at him. “His mother and father.”

“Congratulations,” Ross said, and meant it. “When do you meet them?”

A slight creasing of Molly’s broad freckled forehead marred her cheerful smile for an instant.

“I don’t know. Jimmy says they live far away and he can’t get time off for awhile, so it may be some time.”

“Well,” Ross said, smiling, “it has all the sounds of a commitment. From a legal standpoint, Molly, remember that a verbal contract is sometimes considered binding. You might mention that fact to your Jimmy, if it will help. By the way, how did he make out with his dentist?”

“That was funny! Did Sharon tell you?”

“She told me he walked in here thinking this was the office of Dr. Ross, a dentist. I never knew I had a namesake who pulled teeth. I ought to have him collect my bills for me.”

“Oh, Jimmy’s teeth are fine,” Molly said airily. “He was just going in for a check up. He was looking for a Dr. Ross over on the West Side, same street but west instead of east, but the poor man gets so panicky at the very thought of a dentist that half the time he doesn’t know what he’s doing, or where he is. Still,” Molly added with her wide smile, “I guess I shouldn’t complain. His mistake was my good luck.”

Ross was frowning at her.

“Your friend Jimmy was looking for a Dr. Ross who has an office on the West Side and he walked into this office by mistake?”

“That’s right,” Molly said cheerfully. “Funny, isn’t it?”

“Very,” Ross said evenly. “What does Jimmy do for a living?”

“He’s a salesman,” Molly said. “I think.”

“You think?”

“What he ought to be is a professional dancer,” Molly said, her grin back. “Though I’m sure he must be a wonderful salesman, too. He could sell me anything, anywhere, any time.” She suddenly remembered something else, disassociated from her Jimmy. “Oh, yes. Mr. Kuwoit — I mean, Mr. Quirt — wants you to get in touch with him as soon as you come in.”

“I’ll take it in my office,” Ross said, and pushed through the barrier.

Sharon was sitting at her desk, typing answers to that large portion of the morning’s mail that did not require Hank Ross’s personal attention. She looked up with a smile as he sat down and rested his hand on the telephone. Something in his expression caused her to pause in her work.

“What is it, H.R.?”

Ross frowned at her across his desk.

“Sharon, have you ever met Molly’s friend, Jimmy?”

The telephone under his hand suddenly shrilled its usual signal. “Later,” Ross said shortly, and raised the instrument. Sharon automatically picked up her phone as well, drawing her pad close. There was the click of switches and the line was through. Ross put on a cheerful tone.

“Hello, Charley.”

“Hello, Hank. What’s new?”

Ross was tempted to tell him that what he had learned from Mike Gunnerson regarding the other’s opposition to Dupaul’s contract was certainly new, but he felt it was neither the time nor the place.

“Not much so far, Charley. I’ll be seeing Billy Dupaul later today sometime.” Sharon looked up and made two vertical strokes in the air with her pencil. Ross nodded to her, smiling. “My office has arranged a visiting permit for two o’clock—”

Sharon was shaking her head at his ignorance. She repeated the twin strokes emphatically, scoring the air.

“—I mean eleven o’clock,” Ross said, and shrugged for Sharon’s benefit.

“That’s fine.” Quirt hesitated a moment; when at last he spoke he seemed a bit embarrassed. “Look, Hank — anything that Billy says...” The deep voice trailed away to silence.

Ross frowned at the instrument.

“Yes? Go ahead, Charley.”

“Well,” Quirt said diffidently, “I just meant, maybe it would be better if — well, if he doesn’t know that I’m — I mean the club, that is — is paying your fee...”

Ross stared at the telephone in amazement.

“Do I understand you correctly, Charley? Do you mean that I’m going down to the Tombs in an hour or so to see this boy, and you haven’t seen to it that he knows I’m representing him?”

“What the hell, Hank! He’ll be damned glad you’re representing him,” Quirt said forcefully. “They have newspapers in prison, and radios and television, too. I’m damned sure he knows who you are — every prisoner in the state knows who you are. And a hell of a lot of them undoubtedly wish you’d been defending them instead of whoever did.”

“Well, thank you very much for the plug, Charley. If I ever need a PR man, I’ll be in touch. But it just strikes me as a bit odd. You didn’t seem to be so shy as far as telling the newspapermen goes; I naturally assumed you’d have let the client also know.”

“The newspapermen? Well, maybe a couple were standing around when I was talking to you, but what the hell, Hank! It won’t hurt our case any to have the public know you’re handling the defense. And I didn’t think it was any great secret, anyway.”

“I guess not,” Ross said, and sighed. “I just don’t want to spend half of my life trying to select a jury the prosecution objects to because they read papers. However...”

“You mean Gorman can do it but we can’t?”

“I mean I don’t think anyone should do it,” Ross said. “Let’s get back to business. What did you start to say before with that ‘Anything Billy says’? You let it drop.”

“I just meant—” Quirt sounded uncomfortable. “Well, Hank, the truth is I guess he doesn’t particularly like me. He was pretty vindictive because the club didn’t stand back of him more, eight years ago.”

Ross’s voice was completely innocent.

“But he shouldn’t take that personally, should he? After all, you were the one who signed his contract, weren’t you? There was a picture in the papers of the signing, as I recall.”

“That’s right. I was always on the kid’s side; I was the one who pushed for that high a bonus, but, well, like I told you — I was out of the country. There was nothing I could do...” The embarrassed tone strengthened. “All I’m trying to tell you is to take some of the things he might say — especially about me — with a grain of salt.”

Ross smiled faintly, an enigmatic smile, but his voice remained expressionless.

“I take everything anyone tells me with a grain of salt, Charley. But thanks for the tip.”

“And let me know what happens, eh?”

“You’re paying the bills,” Ross said noncommittally. “I’ll be in touch.”

“And Hank—”

“Yes?”

“Nothing,” Quirt said. He hesitated a moment more, his breath clearly audible in the telephone, and then abruptly hung up.

Ross placed the telephone back in its cradle and looked at Sharon thoughtfully. He said, “I wonder what Charley was about to say there at the end?”

“Probably nothing very important,” Sharon said, “or he would have said it.”

“I wonder,” Ross said. “The fact is I just learned that he fought against signing Billy Dupaul eight years ago, fought very hard. He only gave in under heavy pressure from above. So why would he suddenly want to help the boy?”

“That’s not what he said.”

“I know it’s not what he said.”

“But — are you sure of your information?”

“I got it from Mike Gunnerson.”

“Then you’re sure.” Sharon shrugged. “I can’t imagine why, then.”

“Nor can I,” Ross said, and dropped the subject, returning to an earlier one. “As I was saying when we were so pointlessly and unsatisfactorily interrupted, have you ever met Molly’s new boyfriend, Jimmy Carter?”

“Just the first day he came wandering in here like a lost lamb. Or a lost sheep would be closer, I guess, at his age.” She looked at him closely. “Why?”

“I’d hate for Molly to make a mistake...”

Sharon studied him shrewdly. She said, “You never worried much about Molly’s many loves before, H.R.”

“Maybe I’m just getting sentimental in my middle years,” Ross said with a smile. “Still, why don’t you double date with Molly and Jimmy one evening? To get a better opinion of him; just to make sure he isn’t leading our Molly — or anyone else, as far as that goes — down the garden path. What do you say? You can put it on the expense account.”

Sharon said, looking at him steadily, “Using who for an escort?”

“Steve,” Ross said easily. “He’s been working extremely hard these days. A little relaxation at the firm’s expense should be both enjoyable and beneficial for both of you.”

There was a moment’s hesitation, then Sharon said, “Well, all right, Mr. Devious, but it’s going to be a very good restaurant, followed by a very good show, followed by a very good night club. And no complaints about the size of the tab.”

“It’s a promise.”

“And exactly what excuse do I give Molly for being — or rather, for Steve being — so generous?”

“You’re celebrating your birthday.”

“Or Steve won the lottery. I like that one better,” Sharon said. “Someone might ask me ‘Which birthday’ and the evening would be off to a poor start. Which account do I charge it to?”

“Make it an open account,” Ross said, and thought a moment. “You know, it just might end up on Charley Quirt’s account before we’re through.”

Sharon frowned at him in silence a moment.

“In that case, change that ‘very good restaurant, show, and night club’ to the most expensive in town.” Her frown changed to a puckish smile. “Maybe spying isn’t such bad work after all.”

“It’s like everything else,” Ross said with a smile. “The object is not to get put up against a wall and shot.” He shuffled through the papers neatly arranged on his desk, put them back in their original order, and came to his feet. “Well, I’m off to meet Mr. Billy Dupaul. Do me a favor; type me up a standard retainer agreement, will you?”

“With pleasure.” Sharon reached for her copy of The Complete Manual of Criminal Forms, opened it to the proper page, and started typing. She finished quickly, zipped the paper from the machine, folded it and slipped it into an envelope, handing it over. “Well, good luck.”

“Everyone keeps wishing me good luck,” Ross said with a smile. “This time I may very well need it.”

Sharon looked at him. “What do you mean, H.R.?”

“Well,” Ross said, “I suppose that Billy Dupaul could really report me to the Bar Association for ambulance chasing. An attorney — unsolicited — offering himself as defense counsel to a client he’s never met? That’s considered to be very naughty...”

He winked at her and went out the door, his attaché case in hand, the envelope tucked in his jacket pocket.

Chapter 7

The visiting room at the Tombs Prison in New York City is as gloomy as the long rows of dingy cells that make up the interior of most of the multiple floors of the gloomy building. Ross, no stranger to the place, signed the lawyer’s register and then waited patiently in the lawyer’s visiting room for Dupaul to appear.

The door on the far side of the room opened and Ross found himself watching a tall, heavy-set, blond young man being led in. There was a wary expression in his deep blue eyes. Although he no longer looked much like the youngster who had signed the Mets contract years before, there was a familiarity about him. The correction officer accompanying the prisoner turned away and went to sit beside the door through which the pair had entered; his billy club, his only weapon, lay carelessly across his lap. Dupaul walked over to the small cubicle allotted to Ross for the interview; he sank into a chair across from the lawyer and stared at him coldly.

“I hear you’re the great Hank Ross.”

“My name is Hank Ross, if that’s what you hear.”

“I also read in the papers that you think you’re defending me.”

“I would like to defend you in this case.”

“You mean you’ve been hired to defend me, isn’t that it?” Billy Dupaul looked at Ross sardonically. “I’m sure you’re not offering your services. That’s a no-no.”

Ross smiled. “I should have known a man would learn a bit of law in prison.”

“More than a bit. Who’s picking up the tab?”

“Does it make any difference?”

“It does to me,” Dupaul said flatly. “The last time I got handed a lawyer, I ended up in Attica on a bum rap.”

“That’s not quite the way I heard the story,” Ross said mildly. “I heard that a capable lawyer was assigned to you by the court, and that you fired him. And accepted a far inferior lawyer from the court the next time. And then went to jail.”

Dupaul looked at him pityingly. “You call Gorman a good lawyer?”

“You’re apt to find out just how good in a very short time,” Ross said evenly. “He may or may not be in the courtroom, but he’ll be directing the prosecution every step of the way.”

“Some good lawyer! He thought I was guilty. He didn’t believe a single word I told him.”

Calmly, Ross replied, “A lawyer doesn’t automatically have to believe every word his client tells him in order to defend that client.”

“My lawyer does,” Dupaul said flatly. “Believe it! And even if a lawyer doesn’t have to believe every word his client tells him, he also doesn’t have to broadcast the fact that he thinks his client is a liar.” The deep-set blue eyes held those of Ross steadily. “Or do you consider that good legal practice also, Mr. Ross?”

“No,” Ross said, “I don’t.”

“Plus the fact that there’s one time my lawyer better damned well believe me, and that’s when I’m telling the truth! Or he gets fired — good, bad, or indifferent. Hell!” Dupaul said angrily. “Maybe Mr. Hogan wasn’t the best lawyer in the world, but at least he believed me. I wasn’t lying. In fact, if I’d paid attention to him the way I should have instead of being a meathead, I’d never have seen the inside of a jail! Mr. Hogan had this story cooked up for me to say—”

“That Neeley made a sexual advance?”

The hard, suspicious look returned to Billy Dupaul’s face.

“How’d you know?”

“I know about the case. It would have been a logical defense.”

“Well, I wouldn’t let him use it, but he doesn’t rate the blame on that score. It wasn’t his fault I was a hard-nose. But at that time, nineteen stupid years old, I figured everyone would think I was queer looking, like I looked like the kind of guy pansies pick out. I figured the hell with that argument.”

“And four years in Attica Prison was worth that attitude?”

Dupaul took a deep breath and leaned forward.

“Mister, let me tell you something. Nothing on this green earth is worth five seconds in Attica. But I didn’t know that then. And I was telling the truth. I never figured I’d have to lie to get off. I never rated that sentence. I saved that dame’s life as well as my own. Well, sure, I figured maybe I rated some small amount of grief for shacking up with another guy’s wife, because I knew she was married — or I thought so at the time — but when I pulled that trigger, I was just saving a couple of lives. So why should I have to pretend I was queer-bait?”

Dupaul considered Ross a moment as if waiting for the silent lawyer to comment, but when Ross remained quiet, Dupaul went on.

“Look, Mister — I came out of Attica the same way I walked in, but it took a few guys eating their teeth to convince them I wasn’t interested. God save the little guys up there! But I learned one thing: There isn’t any big sign over a guy’s head that reads ‘Pansy-bait.’ But I didn’t know it before then. And I wasn’t guilty — that’s what all you guys can’t get through your heads! I was innocent! So why should I go for some crocked-up story that Mr. Hogan came up with?” He shook his head. “Man, if I knew then what I know now, I’d have given them a story about Neeley to curl their hair!”

Ross chose to drop the subject.

“And what about the baseball game up at Attica last week? Last Friday. What was the true story of that?”

“What’s the ball game got to do with it?” Dupaul studied Ross a minute while his blue eyes got harder and harder. At last they widened with sure knowledge. “Why, you miserable bastard! I get it! You aren’t here to defend nobody! You’re part of that fink investigating team from Attica! Why, you miserable, lying—!”

He came to his feet with a lurch, towering over the seated attorney. The correction officer at the door came to his feet equally quickly, his fingers winding themselves tightly about his billy club. Ross paid no attention to the guard, looking up at the angry face of Billy Dupaul calmly instead.

“Sit down.”

“I’ll sit down in my cell, you screw!”

“I said, sit down. If you want to be believed, you have to extend a little belief to others. I’m not here as part of any investigation. I’m here as your attorney to defend you on a first-degree murder charge. Don’t be a fool. Sit down.”

Dupaul stared at him for several tense moments and then slowly, almost reluctantly, sank into his chair again. At the door the correction officer relaxed, his fingers uncurling from the heavy ash club.

“That’s better,” Ross said.

“If you’re my lawyer,” Dupaul said, “who’s paying you?”

“If you insist — Charley Quirt of the Mets.”

Dupaul snorted incredulously.

“Now I know you’re lying! Quirt would maybe pay to put me in here — he sure did everything except that the last time — but he sure as hell wouldn’t give a dime to get me out!”

Ross frowned at the young man curiously.

“What makes you say that?”

“Never mind, it’s a fact. So who’s paying you?” Dupaul held up a big hand, calloused from work in prison. “And no more lies, please. If you want to be believed you have to extend a little belief to others. A phrase I heard somewhere, I don’t remember.”

Ross smiled at him pleasantly.

“Well, if you don’t want any more lies, I suggest you stop asking that question. Anyway, as I said before, what difference does it make? You’re the one who has to hire me, and I have a paper here for you to sign to that effect. You’re the client, and nobody else. I’m only interested in your welfare. Now, if you believe that, anything else doesn’t count. Well?”

“Well,” Dupaul said slowly, “they talk about you up at Attica quite a bit, of course. And I never heard anything except you were a hundred percent square. So why in hell I’m making it so hard on myself, damned if I know.” He suddenly grinned; it took years from the prison-hardened expression. “Good enough. Where’s your paper?”

“Right here.” Ross reached into his jacket pocket, bringing out the retainer agreement. Dupaul took the extended pen and scrawled his signature on the proper line. He handed back the pen.

“Okay,” he said. “Nobody can grab you for unprofessional conduct now.” He smiled. “Where do we begin?”

“Before we start,” Ross said, “I have a cassette tape recorder in this attaché case. It has been recording since I arrived here.” He saw the frown on Dupaul’s face and smiled. “I want your permission to continue recording. Or, if it bothers you, I’ll erase what I’ve recorded so far. Which will it be?”

There were several moments of silence as Dupaul’s eyes went from the attaché case to the calm man patiently awaiting his answer. At last he sighed.

“In for a dime, in for a buck,” he said. “Where do we begin?”

“With that baseball game,” Ross said evenly as he folded the agreement and put it away. “Was the riot fixed?”

“If it was, I wasn’t part of the fix,” Dupaul said, and shrugged. “Anyway, if I had a hand in it, would I admit it, even to you? Three guys killed, what do you think? But the truth is, I wasn’t.” He frowned. “Anyway, like I asked before, what’s the ball game got to do with the Neeley charge?”

“It is probably going to have a lot to do with the attitude of the jury,” Ross said. “The public gets their attitudes from newspapers, radio and television, and a jury is chosen from the public. Besides, I like to have more, rather than less, information, whether I use it or not. What about the game?”

“What about it?” Dupaul shrugged. “The umpire was a blind screw. He calls four wide ones, they’re right down the alley.”

“And you didn’t complain?”

Dupaul smiled, a grim, humorless smile.

“Back in high school, on a call like that, I probably beat him to death with my resin bag. But you learn, up in Attica. That umpire carries a loaded cane when he’s tramping past your cell at night...”

“I see,” Ross said. “They were really right down the alley?”

“Well, maybe on the corners, but definitely over the plate. Ask Millard, he was catching me. He called for the pitches and I gave him what he wanted. I was hot that day; strong, real strong! And as far as being right down the alley, no pitcher in his right mind throws them that way unless he wants the ball back in his teeth.”

“Even if he’s throwing to a batter like Ryan?”

Dupaul suddenly tensed. Ross interpreted the gesture instantly.

“No, I’m still your lawyer and not part of an investigating committee, but obviously I have a few facts of the matter. Why don’t you relax and just answer the question?”

“You mean, I already signed the paper, so shut up and keep swimming, huh?” Dupaul grinned. “What about Ryan?”

“He’s pretty slow, isn’t he?”

“So what?”

“Look, Billy,” Ross said patiently, “I’m only asking questions a lot of other people have been asking and are going to be asking. They’re going to question the necessity of throwing fancy corner breaks, or pitches the umpire might consider doubtful, to a batter as slow as Ryan.”

“Why, for chrissakes?”

“Because those four pitches were the reason for a riot, that’s why. And during that riot three men including a guard were killed. You know why. Just answer the question.”

Dupaul leaned over, his face close to Ross’s, his voice earnest.

“Mr. Ross, first of all I only pitched what Millard called for, but don’t go laying anything off on Millard because he was dead right on his calls. I’d have argued every inch of the way if he’d have signaled for any fast, straight ball. Sure, some hitters are slower than others, but nobody is so slow you can shove three straight fast balls past him in a row. Not and play on that team!”

“What do you mean?”

“I mean, slow is relative. Ryan’s got a .270 average. If he’s so slow, how does he rate that average? Especially when he has to practically walk down to first base he’s so fat? Remember Ernie Lombardy? He was before I was born, but he was slow. He had to hit a home run to get to first. But did anybody throw them right down the alley to him?” He shook his head. “Nobody with brains. Remember Herb Score? He threw one right down the alley to a slow hitter one day... What are you smiling at?”

“Not at what happened to Herb Score,” Ross assured him instantly. “It’s just that I think you’ve given me the answer to a certain wise-guy newspaperman.” He straightened his face. “All right. Then what caused the riot? Nobody is going to believe it was just a coincidence that the men rioted over a bad call just at the moment an escape attempt was being made.”

Billy Dupaul considered the other a moment before answering.

“Look, Mr. Ross. I may not be the brightest guy in the world, but I’m not the biggest dummy, either. I know the riot looks fixed and that I had to be in on it. But I wasn’t, and that’s all I can tell you.” He shook his head in disgust. “Hell, you don’t need four balls to start a riot during a ball game. A guy slides into base and whether he gets called safe or out, there’s enough for anybody to start a rumble!”

“Except for the timing,” Ross pointed out. “In this case, that was very important. They couldn’t wait for a man to reach base. The riot started just a few minutes after the game started.”

“If the game had started on time,” Dupaul said disgustedly, “there’d have been all the time in the world to rumble about anything.”

Ross became alert. “The game didn’t start on time?”

“Hell, no. We were set to begin at one o’clock, right after noon chow. We actually didn’t get started until damn near one-thirty. The key to the equipment room was missing.”

Ross leaned forward, his eyes bright with interest.

“Whose responsibility is the equipment room?”

“Father Swiaki,” Dupaul said. “But you can’t think he was in on any deal like that? That’s crazy!”

“I told you before, I’m just getting facts,” Ross said. He moved on. “Let’s drop the riot for the time being. I think I’ve got enough to work on there so we shouldn’t have too much to worry about. Let’s go back eight years to the Neeley case. All set?”

“All set.”

“All right. I’d like to talk about that twenty-two-caliber pistol that was used in shooting Neeley. I know what the transcript says; what I want is your opinion. How do you think this woman, Grace, got hold of it to give to you?”

There were several moments of silence. When Dupaul answered at last he sounded more curious than anything else; even more curious than relieved.

“You sound like you believe my testimony at the trial.”

“I have to believe it,” Ross said. “If I didn’t I wouldn’t be here, because there wouldn’t be a chance in a million of getting you off. Now, how do you think she got hold of the gun?”

Dupaul shook his head slowly, staring down at his hands.

“Mr. Ross,” he said at last, looking up, “I spent the first two years at Attica trying to figure that one out.”

“Only the first two years?”

“That’s all,” Dupaul said quietly, “because after that a guy can go crazy. I almost did, anyway. There just wasn’t any way at all she could have gotten hold of the gun. Or rather, I suppose what I’m trying to say is that there were about a million ways.”

“How’s that?”

“Well,” Dupaul said, “I guess at one time or another most of the team were in my room. And the mob up there at the time of the signing...”

Ross frowned. “The contract signing was in your hotel room?”

“Yes, sir. It was supposed to be out at the stadium, but the afternoon papers wanted to make the late edition, and my hotel room was in town, and so—” He shrugged. “That’s where it was.”

A sudden thought came to Ross, unrelated to anything.

“Was the Daily Mirror represented?”

“The Daily Mirror?” Dupaul looked at him. “What’s that?”

Ross smiled at his own ignorance.

“Nothing. That’s a paper that didn’t even exist then. I’m sorry. Who else could have had access to the gun while it was in your room?”

“Just about anyone who worked at the hotel, I guess,” Dupaul said. “The maids, the bellhops — hell, most of the staff either have master keys or can get hold of them easy enough. After the signing party, for example, there must have been half a dozen partially empty bottles of booze on a shelf in the closet. Until that night—” His voice trailed off, then returned, strong again. “Until that night I got so pie-eyed, we never touched a drop, but those bottles went down just the same.” He smiled his brief, unhumorous smile. “I doubt the mice were heavy drinkers.”

“We?”

“Me and Jim Marshall. He was my roommate. Then.”

There was something in Dupaul’s tone of voice that brought Ross’s attention to a head. He leaned forward, keeping his voice conversational.

“Marshall left a bit before you went out on your drunk, didn’t he?”

“That’s right.”

“Why did he leave?”

“Because I kicked him out, that’s why. And I’d just as soon not talk about it, if you don’t mind.”

“It could be important,” Ross said. “What was the fight about?” Dupaul set his jaw tightly and stared down at his hands, keeping his silence. Ross sighed. “All right,” he said, “at least tell me this — was your fight with him the reason you went out and got drunk?”

Dupaul’s head came up, his eyes angry.

“I’d never get drunk because of a bastard like Jim Marshall! I got drunk because I was burned up over what he said. And I was too young to use my head!”

“What did he say?”

The silence returned. The correction officer glanced over, wondering at the quiet, and then looked away. When Dupaul spoke at last his voice was tight.

“What he said is none of your business. I don’t want to talk about it. That miserable bastard! I thought he was my best friend, and he pulls something like that!”

“Like what?” Ross asked softly.

“Stop asking.” Dupaul seemed to change the subject. “I admit I was always lucky. Always lucky — that’s a damn laugh, now — but until I got into that jam, I always figured myself as lucky. I never knew my folks, so I can’t honestly say I missed them, but Old John, my grandfather, took good care of me. At least I never wanted for anything since I can remember. Old John, after Grandma died, didn’t seem to have any income other than his social security, and I know for a fact he lost money when he sold the apple farm, but whatever I wanted, Old John would see that I got it.”

Dupaul’s voice was soft, back in the past, almost unaware of his surroundings.

“I never figured Jim Marshall was jealous, but I guess he must have really secretly envied me and hated me all the time. Since we were kids, I guess. I never would have believed it. After all I did for him, too. Hell, I bought him his lunch at school half the time. I even bought him his first baseball mitt. And then he starts telling lies about me. Well, I tossed him out on his ear and told him to stay out, and then I sat down in my room and remembered those bottles and — well, I guess that’s what started it.”

“What was the fight about? A girl?”

“A girl? Hell, we never had to fight about girls; it was the one thing we both had plenty of. Only I always had to bank-roll any heavy date he had, because Jim was always broke. But even after all I did for him, the lying son of a bitch talks to me like that!”

The blue eyes, angry with the memory, came to rest on Ross’s face.

“I told you before,” he said, “how I stopped wondering about how that woman got hold of my gun, after two years at Attica. Well, after eight years I’m still mad every time I think of Jim Marshall. I used to lie in my bunk night after night up in Attica thinking about that time in the hotel. Jim Marshall? I should have kicked his brains out!”

“Did it ever occur to you that Jim Marshall had access to that gun? He also probably had access to the mate to it, up in Queensbury. If he hated you as much as you claim, couldn’t he have given the gun to that woman?”

“Who, Jim? No, he was scared of guns. It’s the truth. Up home I’d ask him to go target shooting with me, or go duck hunting with one of Old John’s shotguns, but Jim was scared of guns. Funny, a big guy like him, but he was.”

“He still had access to them.”

“Not to the one in Queensbury. That one is locked up with the shotguns and all my stuff up there in a bonded warehouse. And the one down here — hell, that was gone even before we started to argue—”

He stopped abruptly, looking at Ross with startled eyes.

“I just remembered. After all these years I just remembered!”

Ross felt excitement stirring in him. “What did you just remember?”

“When we were arguing, even before Jim started to pack, I was so damn mad I went over to the drawer where I kept the pistol. I didn’t have any idea of using it — hell, I don’t know what I had in mind, to be honest. But it wasn’t there. And I watched Jim pack his bag and get out. And he didn’t take it then. So he couldn’t have taken it.”

The excitement drained away. Ross sighed.

“He could have taken it earlier,” he said. “Why won’t you tell me what he said that set you off like that?”

“Because it was a damn lie! Because it wouldn’t help you, anyway. I should have kept my big mouth shut.”

“Look,” Ross said, “any communication you have with me is confidential. You know that.”

“I know this,” Dupaul said flatly. “It’s sure as hell confidential now. And nobody will ever get it out of me. And, anyway, it’s still a damned lie!”

He came to his feet, prepared to leave. Ross stood up and put his hand on Dupaul’s shoulder.

“All right,” Ross said. “We’ll do what we can, Billy. The preliminary proceedings are scheduled for tomorrow. I doubt the riot will come into the discussion; the official investigation results haven’t been made public yet. We’ll do our best.”

Billy Dupaul studied Ross’s face a moment and thrust out his huge hand.

“I’m sure you will, Mr. Ross,” he said, and turned to the waiting correction officer. Ross watched the door close behind the large young man. He opened his attaché case, switched off the recorder, closed the case and turned toward the exit.

There was a lot of work to do.

Chapter 8

Mike Gunnerson was seated behind Hank’s desk when Ross returned from his visit to the Tombs. The big man was tilted back in the swivel chair, carefully tossing paper clips across the room into the wastebasket beside Sharon’s desk. The girl was out of the office. Mike took considered aim with his final clip, flipped it in a long arc, and nodded in satisfaction as the ring of metal on metal confirmed the accuracy of the shot. Ross grinned at him, put his attaché case down on the desk, hung up his topcoat behind the door, pulled up a chair and sat down.

“I see,” he said. “That’s the reason my office expenses are so high. Interlopers making free with the supplies.”

“I’ll send you a box of paper clips, free,” Mike said magnanimously. “For Christmas.” He swung around in the swivel chair, facing Ross. “What’s new at the Tombs?”

“Enough to keep you and your boys busy for quite a while,” Ross said. “You won’t have time for target practice with my office supplies, I’m afraid. But first of all, what’s new with you?”

“Well,” Gunnerson said lightly, “I don’t know where our missing lady named Grace is at the moment, but I’m pretty sure I know where she went when she ducked out of Neeley’s apartment eight years ago.”

Ross stared at him.

“Well! You mean, you actually believe the lady exists?”

“I believe she existed. I don’t know if she still exists. You made it a precondition, practically, of my employment that I believe that, remember? You not only insisted that I believe in her existence, but that I prove that existence.” His voice became serious. “Well, oddly enough, I now honestly believe she existed.”

“And can prove it?”

“To my satisfaction, although I’m not sure anyone else would take my word for it. We’re far from through, though. I’m just getting started. I’ve got a little to work on, now.”

“Such as?”

“Such as where she went when she walked out of Neeley’s place eight years ago.”

“You said that,” Ross said impatiently. “So where did she go?”

“Next door,” Gunnerson said, and grinned at the expression on Ross’s face.

“Next door?”

“That’s right.” Gunnerson’s grin disappeared. “Let’s take it step by step. The transcript is clear that the taxi companies were checked out thoroughly for the night of July 25, 1964, and none of them made a call at that apartment house. Now, Neeley walks in with a suitcase. He was supposed to have been traveling. Either he was or he wasn’t, right? Let’s assume first that he was. Then he came in at either one of the railroad stations, the bus depot, or one of the airports. He couldn’t have caught a gypsy cab at any of those places, because they don’t allow gypsies there; he certainly wouldn’t have walked that far with a suitcase, and no regular cab brought him. Okay so far?”

“More than okay,” Ross said.

“Good. Then the chances are he hadn’t been traveling, which seems to bear out your swindle theory — that the suitcase was purely a stage prop. Still, he had to come from somewhere with that suitcase, even as the woman had to go somewhere with it. And remember, the woman left about the time the police were coming, which would make her an obvious sight, a woman running down the street dragging a suitcase—”

Ross help up his hand, interrupting.

“Did they ever find out who called the police?”

“An unidentified woman’s voice, according to the precinct.”

“She might have called them herself, if she wanted the boy caught.”

“Exactly,” Gunnerson said. “But she’d have to call from pretty close by, if she didn’t want him to have time to get away. So I had two things: she hadn’t been seen, and if she made the call, it had to be from close by. That pointed to another apartment in the same building.”

“Very good, Sherlock,” Ross said with a grin.

“I’m just starting,” Mike said modestly. “Save the applause for the big finish. I figured that while she was in another apartment in that building, she certainly wouldn’t be hanging around very long after the shooting, and definitely not after she found out that Neeley not only was alive, but promised to stay that way. So I had my men go down to the renting office for the building and check the records. And lo and behold, there was a Grace Melisi who rented an apartment across the hall from Neeley’s pad. She left without notice sometime after the shooting—”

Ross frowned. “Sometime?”

“They don’t check on tenants unless they fail to pay their rent on time, and that’s when they checked on her. And the apartment was empty. This was three weeks after the shooting, but she may have been gone the next day. Her things were out. They are furnished apartments, so all she needed was a couple of suitcases and a pocketbook and she was set to travel.”

Ross was listening intently. Mike picked up a paper clip and began to unbend it, straightening it out as he talked.

“My guess is the thing worked like this: Neeley and Grace Melisi were in this swindle racket, as you surmised. They rented the second apartment as a base of operations. While it’s true the average New Yorker doesn’t pay any attention to his neighbor, they probably felt there was too much danger in sharing Neeley’s aparment while using it for their racket—”

He paused, thinking, his brow furrowed, and then shook his head. Ross waited patiently.

“No,” Mike said. “That doesn’t make sense. The single apartment would have been ideal for the swindle, but it would have been disastrous for the murder scheme. So the chances are that Grace Melisi insisted on separate apartments. Who knows? Maybe she was modest. In any event, they rent the second apartment. And Neeley is waiting there when the woman brings the fly into the spider’s web. Neeley waits until the woman has time to set the stage and then walks in with the empty suitcase. And — unfortunately for him — right into a gun filled with real bullets.”

Ross thought about it a moment and frowned.

“I like it up to a point, but something in my mind sticks at the shooting. Why would she arrange to have Neeley shot?”

“Well,” Gunnerson said with elaborate sarcasm, “I doubt she did it as a sign of excessive friendship.”

“I’m serious. Why not wait until they’d milked the sucker and then arrange for Neeley to — as the morticians say — pass on? She wouldn’t even have to split. Why go to all the trouble of setting up the deal and then throw it all away?”

“My guess,” Mike said, “is that probably the opportunity to have Neeley shot and be home free didn’t present itself every day. I figure she felt she had to forego the money for the pleasure of having Neeley knocked off.”

“I’m still not sure,” Ross said. “Did she live in that apartment alone?”

“As far as the renting agents know, although they wouldn’t have fussed if she lived there with a basketball team. It’s that kind of place.”

“Anyone living in the building now who lived there then?”

“No, because I already thought of that and checked. It’s not the kind of place,” Mike said, “that people choose for retirement.” He suddenly frowned. “What are you getting at, Hank? You think she might have been in the deal with a third party?”

“It makes more sense,” Ross said. “Someone had to get that gun and hand it over to her. And it couldn’t have been Neeley.”

“Why not?”

“Because they couldn’t take the chance that Dupaul would see him and remember him if he picked it up during the contract signing, or during any other time at the hotel. What did Neeley do for a living, do you know?”

“No idea. But bringing in a third party merely complicates things that are already too complicated.”

“Don’t worry,” Ross said, and grinned. “Things are always darkest just before the dawn.”

“You mean, to coin a phrase.”

“Exactly. How far have you gotten in tracing her after she skipped the apartment?”

“Well,” Mike said, “we have a name for her — Grace Melisi, whether it’s a real name or not. It sounds it. And she used it once and may have used it again, and there’s a chance at least her initials are the same. We have her description as given by Billy Dupaul, and while it fits a million women, there are one hundred million it doesn’t fit, which is a tiny step forward for mankind. And we have her signature—”

He saw the look on Ross’s face and smiled.

“She signed the rental papers, remember? And we figure she probably got as far away from New York and Raymond Neeley as possible, because she knew he’d come out of the hospital with a few questions, like, ‘Why did you have me shot, Grace, dear?’”

“Unless, as I said, she had a partner who arranged the loaded gun without her knowledge.” Ross paused. “Although I don’t suppose Neeley would have bought that story, true or not.”

“I rather doubt he would. I know I doubt I would.”

“So where do we go from here?” Ross said. “You have a description that doesn’t mean much, a name that’s probably false, a signature, and the whole wide world in which she could hide. And a lapse of eight years...”

“Well,” Mike said cheerfully, “we have as much as we get for most skip-tracing jobs. Plus one little thing: Neeley must have known something about her, and I intend to backtrack Neeley, too. When is the trial coming up?”

“Gorman is in a rush, I guess. The preliminary proceedings are scheduled for tomorrow, and I’m sure he’ll push’ for trial as soon as possible afterward. He’ll want to rush us before we can come up with anything. It’s his usual tactic, so we can’t waste time.”

“We won’t,” Mike promised. “What did you get from your visit to the Tombs?”

“A few things,” Ross said.

He reached for the attaché case, opened it, and removed the portable casette recorder that neatly fit into one of the pockets of the case. He reversed the tape; the slight buzzing as the tape fed back at high speed was the only sound in the room for several minutes. When the spool had run to the end, Ross reversed it again, and set it to play. The two men listened carefully until it had completed the entire conversation with Billy Dupaul at the Tombs. Ross stopped the tape and looked across the desk at Gunnerson.

“I’ll have Sharon transcribe this for you when she has time. Probably sometime tomorrow. But you can get started before then. What you heard should give you enough to work on.”

“More than enough,” Mike said. He had been scribbling on a pad as he listened; now he looked at his notes. “Jim Marshall, eh? I had his name on the list from the trial transcript as one to be checked out, but I’ll move him up in priority. A fight, eh? And he could have put his hand on the gun any time, earlier than the fight. And a lot of people have been shot by guys who are afraid of guns.”

“Except that he couldn’t have been the one to steer Dupaul to the Mountain Top Bar,” Ross said. “In the mood Billy was in, if he ran into Jim Marshall at that Lexington Avenue bar, he wouldn’t have listened to him tout another bar; he’d have pasted him one. Especially since he had about six or eight drinks in him already at that point.”

“Still,” Mike said, scribbling, “we’ll put him between two rollers and turn the crank just to see what comes out. I have a man up in Glens Falls now who can handle it.”

“Good. See what you can find out about the big secret, too.”

“Naturally,” Mike said. “And there’s the matter of that baseball game up at Attica.”

“Right. The delay in starting time could be extremely important. If the delay was an accident, and the timing of the escape attempt made it imperative that the riot be started at once over any excuse—”

“Then our boy Dupaul looks better, eh?”

“At least he doesn’t look quite so bad.”

“In which case,” Gunnerson said slowly, “we have a long, serious talk with that umpire-guard who called those four balls. Right? And then maybe talk to the warden?”

“You’re getting ahead of yourself, and our main problem is Billy Dupaul, not the morality of the prison guards, though whatever we dig out will go to the authorities, of course.”

“Of course,” Gunnerson said, and resumed making corrections to his notes. “But first we check out the reason for the delay with the prison chaplain, this Father Swiaki. Right?”

“Right.”

“I’ll get right to it,” Mike said. He rose, stuffing his notes into his pocket. He started to move around the desk in the direction of the door but Ross reached out, restraining him.

“Wait a minute,” Hank said. “You didn’t make a note of the most important thing on that tape.”

Mike Gunnerson frowned a him.

“Most, important? I got the baseball game, the delay, the chaplain. And I got Marshall and the big secret of what caused the fight that night. Did I miss something, Hank?”

“Billy Dupaul’s grandfather, the one he calls Old John,” Ross said softly. “An old man with only his social security, no retirement, who manages to buy his grandson everything a growing teenager wants, and a lot of things families in far better positions are unable to get their kids.”

Gunnerson stared at him, mystified. “What about it?”

“Where did the money come from, Mike? That’s what I want to know, because I have a hunch it’s important. Where did the money come from?”

Chapter 9

The preliminary proceedings in the murder trial of Billy Dupaul took place in Part 32 of the New York Supreme Courts building in Manhattan. Hank Ross, comfortably seated at the defense table alone, nodded pleasantly in the direction of the prosecution table. Louis Gorman, slight and looking like a fighting cock, sat there with an assistant, well known to Ross. Varick returned the nod with a slightly embarrassed smile; he was quite aware of his chief’s running feud with the opposition lawyer. Gorman, dressed in stiff black that seemed too large for his small body, turned away a bit obviously, his face a mask. Ross bit back a smile at the familiar Gormanian gesture, and turned to watch Billy Dupaul being escorted from the detention pen adjacent to the courtroom. Dupaul slipped into a chair at Ross’s side and leaned over, smiling a bit wryly, trying to appear at ease.

“Hi, Counselor. How does it look?”

“We’ll know better in a little while,” Ross said, and smiled at the boy reassuringly. “Don’t worry.”

“I’m not worried. How do you figure to handle it?”

“Well,” Ross said, “it’s been known for a long time that attack is the best form of defense. Add to that a little bit of confusion, and we’ll see what comes out.”

Billy Dupaul started to say something and then bit his words off. He was staring across the courtroom.

“Hey! Isn’t that Gorman there?”

“That’s right. That’s the prosecutor’s table.”

“I know that! But he was my lawyer at my first trial! I thought he couldn’t prosecute me personally. That’s what one of the guys told me.”

“Well,” Ross said with a faint smile, “I suppose he can always try. Hope springs eternal. Although, knowing Judge Waxler, I’m not sure how far he’ll get. Judge Waxler takes a dim view—”

He stopped speaking abruptly as the judge entered the courtroom and steadily ascended the bench. He sat down and adjusted his robes to his satisfaction. Judge Waxler, a dignified, elderly gentleman with snow-white hair, had a well-deserved reputation for fairness on the bench, and Ross was quite pleased to have him sitting on the case. The Clerk of the Court came to his feet ponderously and spoke in a completely expressionless tone.

“The People of the State of New York versus William Dupaul.”

He seated himself as the courtroom whispers lessened and eventually died away. Hank Ross placed a hand for a moment on Billy’s arm, pressed it confidently, and came to his feet. He turned to face the bench.

“Your Honor,” Hank began, “the defendant moves to set aside the judgment of conviction and the sentence imposed by Justice Demerest on the twenty-seventh day of November, 1964. The instant pending indictment charges the accused with murder in the first degree. The indictment charges the accused with shooting the victim, one Raymond Neeley, on the twenty-fifth day of July, 1964. The victim died eight years later.”

Judge Waxler was leaning forward a bit on the bench, watching calmly and listening with interest. At the prosecution table Louis G. Gorman was frowning suspiciously, wondering what Ross was up to.

“Your Honor,” Ross continued calmly, “the judgment of conviction and sentence imposed in November of 1964 was predicated on the precise shooting of the victim as alleged in this new indictment. The defendant, under both our State and Federal Constitutions, is presumed innocent until found guilty, and this presumption of innocence follows the defendant not only when an indictment is returned, but stays with him throughout the entire case.

“Therefore, Your Honor, to permit a conviction to stand which is based on the same essential facts on which the defendant is presently charged, would deprive the accused of due process of law under the fourteenth Amendment of the United States Constitution. To permit this conviction to stand would cast upon the defendant a presumption of guilt, when and if he takes the witness stand to testify in his own behalf.”

Louis Gorman was on his feet in an instant.

“The People object, Your Honor,” he said angrily. “The prosecution sees no reason at all to abandon the conviction as it now stands. The Defense is merely trying to muddy the water, to throw confusion into the case. It is an old tactic with my learned opponent. What differences does it make whether the old conviction stands or not? The prosecution would also like to point out that Section 40.20 of the new Criminal Procedure law specifically provides that a former conviction — in this case for assault — does not bar a prosecution for homicide when the victim dies. The law is clear.”

Ross bent down in response to a tug on his jacket from Billy Dupaul. The young man was frowning at him.

“What the devil difference does setting aside that conviction make at this late date, for God’s sake? I spent those four years at Attica and they’re sure as hell not going to give them back to me! Don’t get cute with Gorman over nonessentials. I wasn’t serious the other day. I know he’s tough. And dangerous.”

“Leave Gorman to me,” Ross said in a low voice.

“But what’s the purpose, for God’s sake?”

“Stick around and see,” Ross said. He straightened up to find the judge looking from him to Gorman’s angry expression.

“Gentlemen,” Judge Waxler said, “may I suggest a conference at the bench?”

Gorman, joined by Varick, moved closer to the bench. Ross paused to give Billy Dupaul a quick wink and then walked over to join the others before the judge. The stenotypist leaned back in his chair, flexing his fingers, thankful for the rest.

“Your Honor,” Gorman said angrily, “the law is clear in the matter. I don’t know what my opponent is up to, but I suspect, as I said before, it’s merely to throw dust in everyone’s eye. What difference does it make in this case whether a conviction imposed eight years ago is set aside or stands? The defendant served his term and satisfied the State. I certainly hope the defense doesn’t expect a lesser plea on the murder charge in case he succeeds in having that assault conviction set aside, because the prosecution won’t hear of it!”

Judge Waxler frowned down at Gorman.

“Mr. Gorman,” he said in a soft voice, “when I did my homework for this trial I thought I saw your name on the bill as the defense attorney in the case we are discussing now. Isn’t that so?”

“Well, yes, Your Honor, but only for a short time. I resigned—”

Ross smothered a grin.

“Be that as it may,” the judge interrupted smoothly. “I don’t believe it’s within the ethics of the profession for you to actively prosecute in a case where you were once part of the defense, whether your participation was a minor one or of short duration.”

“I’m not the prosecuting attorney, Your Honor,” Gorman said. “Mr. Varick, here, of my office, has that assignment. I’m merely here in a sort of advisory capacity—”

“In that case, Mr. Gorman, may I suggest that this conference will not require your presence, and that you might return to the prosecution table and let Mr. Varick get on with his task.”

“But Your Honor!”

“Yes, Mr. Gorman?” Judge Waxler looked down at the disconcerted man calmly.

“Nothing, Your Honor.”

White-faced, Gorman swung about and walked back to the prosecution table. He sat down and glared at some papers on the table, not wishing the bench to note his discomfiture. Judge Waxler, however, was paying him no attention. Paul Varick turned to Hank Ross.

“I honestly don’t see what difference your request makes, Mr. Ross.”

“You will shortly,” Ross said, and smiled at the younger man.

“I can only tell you this,” Varick went on. “I know that Mr. Gorman — our office, that is, the District Attorney’s office — was prepared to be generous and allow Dupaul to plead to a lesser charge, such as manslaughter. We were willing to even go so far as to recommend an indeterminate sentence of twenty years. Dupaul would be eligible for parole on that charge in about eight years.”

He shrugged, looking unhappy.

“But now, after this — this, well, cavalier application of Mr. Ross, I seriously doubt if Mr. Gorman — I mean, if the District Attorney’s office — will still be willing to consider a lesser plea.”

Ross smiled at him gently. “I don’t remember saying anything about wanting a lesser plea.”

Varick frowned. “You realize the position you will be putting your client in, I hope, Mr. Ross. If it’s all or nothing, he’s taking quite a chance. If and when he’s convicted, Dupaul will have to serve a life sentence on the charge as constituted.”

“Paul, tell Mr. Gorman — your office, rather — that we appreciate his concern for my client, but that we do not want any deals. We’ll take our chances on the charge as it now stands. Murder in the first degree.” Ross looked up at the judge. “And we still press our motion to set aside the assault conviction on the basis of the arguments already presented, Your Honor.”

Judge Waxler turned to look down at Paul Varick.

“What say you, Mr. Prosecutor?”

“Just what Mr. Gorman—” Varick coughed to hide his embarrassment. “I mean, Your Honor, that the law is quite clear. Section 40.20 of the new Criminal Procedure law does provide for cases such as this one.”

“Thank you for your interest in helping me with the law, Mr. Varick,” Judge Waxler said with gentle sarcasm, “and you are quite right. In cases such as this the law is, indeed, quite clear. It allows the judge on the bench to make his own decision based on the merits of the motion.”

He smiled briefly at the red-faced young prosecutor. “Gentlemen, the conference is ended. I suggest you return to your places.”

Varick walked back to the prosecution table and sat down abruptly, instantly beginning a whispered consultation with Gorman. The court stenotypist yawned and flexed his fingers, prepared to go back to work again. Ross stood by his chair, facing the bench.

“Your Honor, I should like to press my motion.”

“Motion granted,” Judge Waxler said. He turned as he continued, giving the prosecution table the force of the reasons for his decision. “The November 27, 1964, conviction for assault is set aside in the interests of justice. Elementary fairness does not permit the prosecution to press the indictment and force the accused to proceed to trial under the cloud of a conviction based on the same facts. The acts now charged relate to facts that were previously charged, and are now merged in the new homicide charge. The conviction must be set aside.”

His gavel banged once, settling the matter. Paul Varick was on his feet in the same instant.

“Your Honor,” he said, “now that my worthy opponent had won a Pyrrhic victory, the People ask that this case be set for trial as soon as possible.”

Judge Waxler turned his head. “Mr. Ross?”

Ross hesitated a moment and then looked up confidently.

“The defense is ready at any time, Your Honor.”

Judge Waxler swung about. “Clerk, what does the calendar look like?”

The Clerk of the Court knew the docket by heart. “Any time in the next week, Your Honor.”

“Good,” Judge Waxler said. “I set the date of October twenty-eighth, three days from today.”

He raised his gavel, brought it down with finality, and laid it down, as if preparing to declare the session ended, but Ross intervened smoothly, coming to his feet before Judge Waxler could speak.

“Your Honor,” he said, “the defendant has another application—”

Paul Varick had been stuffing papers into his briefcase. He turned his head, surprised. Gorman, at his side, leaned around to stare at Ross belligerantly.

“What in the devil—?”

The gavel was raised and descended sharply, cutting off further comment. Judge Waxler looked down at Ross.

“Yes, Mr. Ross?”

“Your Honor, the defendant now moves to vacate and set aside the sentence imposed upon him in December of 1968 as a second-offender—”

Gorman shot to his feet.

“What!” He turned to the bench and then thought better of it. A hasty whispered conference with Paul Varick ensued. The tortured expression on Varick’s face testified to his difficulty in listening to his chief and still trying to make sense of what Ross was saying. Hank Ross, aware of the other’s difficulty, kept a straight face as he continued his plea.

“Your Honor, the judgment and sentence issued on indictment 4256 of the year 1968 imposed a sentence of seven and one half years to twenty years on the defendant. We now request that the defendant be resentenced by this court as a first-offender immediately.”

Varick was now prepared. He came to his feet quickly.

“Your Honor, the prosecution does not pretend to understand this constant muddying of waters that the defense is engaged in. We are here to consider the charge of murder in the first degree against this defendant; the indictment is so drawn. Now, first we have sat here and heard the application — which was granted — for the removal of the first conviction, but at least, Your Honor, that had some connection with this case. This present application, however, the prosecution maintains, is totally irrelevant to the matter at hand, and the People ask that the defense be instructed to keep to the matter at hand.”

“But on what specific legal point does the prosecution object to the application?” Judge Waxler asked.

“On the basis that it is irrelevant, immaterial, and — well, immaterial.”

“It may not be immaterial to the defendant,” Judge Waxler said dryly, and turned to Ross. “Proceed, Mr. Ross.”

“Yes, Your Honor. The defendant is presently serving from seven and one half to twenty years in State’s Prison. Since Your Honor has just vacated the assault conviction which was the predicate for the sentence which he is serving now as a second-offender, quite obviously the crime for which he is now serving was a first offense. As such, he must be resentenced as a first-offender under the sentence which he is now serving.”

Gorman shook his head, muttering, “Good grief!”

Judge Waxler turned to the prosecution table, biting back a smile at Ross’s tactics, which he now fully understood.

“What say you, Mr. District Attorney? Isn’t what Mr. Ross says legally correct? If the defendant was originally sentenced as a second-offender and the first conviction has been set aside, he is in fact a first-offender. Isn’t he?”

Varick looked lost. “Well... but... well, I suppose so, Your Honor, but the prosecution doesn’t think resentencing should be done at this time.”

Ross looked across the courtroom.

“May I ask the prosecution why not? My client is no longer a second-offender. Isn’t he entitled to a correct and legal sentence as a first-offender?”

Judge Waxler settled the matter.

“Very well, the motion is granted. The sentence of seven and one half to twenty years imposed is now set aside. Mr. Ross, do you want me to resentence your client immediately?”

“I do, Your Honor.”

Judge Waxler turned to the Clerk. “Indictment number 4256, 1968.”

The Clerk nodded and left the room. Gorman and Varick fell into a deep conference, their heads almost touching. Billy Dupaul tugged at Ross’s arm. Ross turned to face the young man.

“Yes, Billy?”

“What’s this all about? I mean, what difference does all this make? When do we get down to business?”

“We’re down to business right now,” Ross said quietly. “If you think we’re not, take a look at Mr. Gorman — he knows we’re down to business.” A faint smile crossed his face. “He’s just beginning to wake up, I think, but he’s in for more surprises.”

“But what effect will all this mumbo-jumbo have on the murder charge? That’s what I’m interested in at the moment!”

“One thing at a time,” Ross advised softly. “Right now, let’s handle this.”

Billy Dupaul subsided, frowning his doubts. Ross waited patiently; Gorman and Varick continued to discuss the points in a whisper inaudible in the courtroom. The spectators began to move about restlessly as Judge Waxler accepted the indictment folder from the Clerk and began to study it. The courtroom stenotypist leaned back, staring at the ceiling, his mind miles away. At long last Judge Waxler closed the folder and cleared his throat. The courtroom came back to life. Judge Waxler looked past Ross to Billy Dupaul.

“Mr. Defendant, what have you to say before judgment of the court is imposed against you according to law. Do you wish to be heard or do you wish to have your counsel, Mr. Ross, speak for you?”

Billy Dupaul came to his feet slowly, still looking puzzled.

“I guess — I mean, I want Mr. Ross to speak for me.”

Ross came to his feet. He said, “Your Honor is now familiar with all the facts arising out of these two cases. The defendant has served approximately three years and ten months under the present sentence imposed upon him. The maximum sentence for the crime for which the defendant was found guilty, as a first-offender, would be five years in State’s Prison. By law a first-offender must be released upon completion of two-thirds of his sentence. It would serve no useful purpose to have him sentenced to five years and then have to go through all the technical red tape of State’s Prison in order to obtain his release.”

Gorman was glowering. Ross smiled at him, but his expression sobered as he turned back to the bench.

“I therefore ask that Your Honor impose a sentence of time served — that is, impose an unconditional discharge in view of the fact that he has actually served two months more than the two-thirds of sentence required by law.”

There was complete silence in the courtroom. A few of the spectators were beginning to see, beneath the complicated legal jargon, the high drama being unfolded. Judge Waxler turned to the prosecution table.

“What say you, Mr. District Attorney?”

“Your Honor,” Varick said, “the People oppose the application. Under the circumstances, the prosecution cannot oppose resentencing, but we request that the maximum sentence of five years be imposed, but that it be allowed to take its normal procedure.”

Judge Waxler frowned.

“I fail to understand the prosecution’s position. I see no purpose in imposing further burdens on State’s Prison authorities, who are already overloaded, especially since the defendant is not required by law to serve more time in prison than he has already served.” He turned, looking at Ross. “I will follow your recommendation, Mr. Ross. The defendant is sentenced to an unconditional discharge in view of time served by the defendant. Judgment accordingly.”

The gavel pounded once. Varick came to his feet.

“Your Honor,” he said, his voice attempting to sound exceedingly sincere, “I hope the defendant has not been led by his counsel to believe that these motions in any way change his status as a prisoner. I hope he has not falsely been allowed to believe that since his last sentence has been terminated that he will walk from this court a free man. There is still the impending indictment for murder, Your Honor.”

“I’m deeply touched for the prosecution’s concern,” Ross said. “In regard to that very matter, Your Honor, we have one further application—”

At the prosecution table Gorman threw up his hands.

“Oh, for God’s sake! What now?”

Ross paid him no attention. “Your Honor, we have an application for fixed bail...”

Gorman had had all he could take. He shot to his feet. “No, God damn it!”

The gavel came down, loud and clear. Judge Waxler leaned over the bench.

“Mr. Gorman, one more outbreak like that and I shall be forced to ask you to leave the courtroom. Do you understand? Good. All right, Mr. Ross.”

“Your Honor,” Ross said, “the accused now moves that Your Honor make an order admitting the defendant to bail upon reasonable conditions. It clearly appears upon the record that there is grave doubt that the crime of murder was even committed. The defendant, under the eighth Amendment of the Constitution, is entitled to reasonable bail and we respectfully ask that this bail be fixed.”

Judge Waxler turned to the prosecution table.

“What say you, Mr. District Attorney?”

This time Varick was not at all hesitant. He came to his feet prepared to argue this one right down the line.

“The People, Your Honor, vigorously oppose the fixing of bail in this case! This is an indictment for murder in the first degree, and while the Defense may not feel that the crime of murder was committed, the prosecution is prepared to prove it. And bail, as Your Honor knows, is normally not set in a murder case.”

His voice strengthened.

“Furthermore, this defendant was involved in a riot at Attica State’s Prison where three people, including a prison guard, lost their lives. We wish we had the evidence to prosecute him for the murder of that guard. We may, in fact, very well have that evidence to hand before this trial is ended. However, at present the only evidence we have supports the present indictment for murder. The People firmly believe, in view of this man’s terrible record, and under the circumstances, that bail should definitely be denied!”

Judge Waxler looked at Varick coldly.

“When the prosecution has evidence of other crimes, I suggest they bring in proper indictments. In the meantime we shall strike any mention of the prison riots from the record.” He swung about to Ross, leaving Varick red-faced. “What bail did you have in mind, Mr. Ross? And what other reasons do you have to convince me why I should set bail at all?”

“Your Honor knows,” Ross said evenly, “that bail may not be denied as a weapon of punishment before defendant has actually been convicted. The purpose of bail is to insure the presence of the defendant for trial. This defendant has been out on bail in the previous charges and has always appeared to fulfill his responsibilities to the court. Your Honor, this defendant has already spent many years in prison for a crime which the defense will prove he did not commit. Refusal of bail now would, in effect, constitute further punishment, and this punishment before conviction.”

Judge Waxler frowned for a moment, as if going over Ross’s words in his mind. He nodded slowly.

“Under the circumstances,” he said slowly, “I think I shall have to set a reasonably high bail—”

Varick was on his feet. “Your Honor, the People object!”

“Your objection will be duly noted,” the judge said drily. “I hereby set bail at one hundred thousand dollars.” The gavel descended. Judge Waxler looked from one table to the other and then, satisfied that there would be no more motions for the day, banged his gavel once again. “Court is adjourned until three days hence.”

He came to his feet, pulling his robes together with dignity, and descended from the bench. Billy Dupaul turned to Ross in utter amazement.

“You mean, I walk out of here? Just like that? Out into the street?”

“You walk out of here when bail has been made, which should be sometime this afternoon,” Ross said with a smile. “Now you know a part of what I was after all this time with that mumbo-jumbo.” He started to put his papers away. “What do you plan to do with yourself for the next three days?”

“I don’t know. I sure didn’t give it any thought; I never figured — I don’t know. Maybe I’ll take a bus up to Queensbury and see how the old place looks—”

“You stay in town,” Ross instructed sternly.

“But—”

“No ‘buts.’ You stay in town. And available. And I’d also suggest—”

He paused to face Gorman as the Chief Assistant District Attorney charged up. Behind him, at the prosecution table, Varick was finally managing to put his papers away in his briefcase. Gorman was seething. He pointedly disregarded the presence of Billy Dupaul.

“Ross, you should be disbarred! Why didn’t you make a further motion to strike off a medal for this man? It’s about all you failed to do! Using your profession to put a mad-dog killer back on the streets!”

Billy Dupaul, his face getting dangerously red, started to push himself to his feet. Ross pushed him down again, forcefully, turning to face the livid Gorman.

“Louie, you should know better than to make statements like that. How would a libel suit go down with your boss?”

Gorman stared at him a moment. “Bah! One day you’ll go too far, Ross, and I hope I’m around when it happens!”

It was on Ross’s mind to say that as long as his opponent was Louis G. Gorman, that day was probably far off, but he felt it would scarcely add to the moment. Gorman looked at him for a moment as if awaiting a reply, and then stamped off.

Billy Dupaul came to his feet slowly, rubbing his knuckles. Ross, understanding, grinned at him.

“Take it easy. Hitting him would probably have cost you a lot more than it would him. It would have cost him a sore jaw, but it could have cost you the rest of the years of your life. Don’t make his case for him.”

He turned away, closing his briefcase, and then remembered what he had been saying when Gorman interrupted.

“And Billy, for the next three days I’d suggest you stay out of bars. You and bars always seem to add up to trouble, and as far as trouble is concerned, you have enough right now...”

Chapter 10

Hank Ross returned from getting Billy Dupaul settled after making his bond. He came into the office to find Jerry Coughlin waiting for him in the reception room. The thin newspaperman appeared not to have changed clothes since their last meeting. He came to his feet easily, setting aside the magazine he had been leafing through.

“Mister Ross—”

“Yes?”

“We have a matter to discuss, I believe. A minute of your valuable time, if I might?”

There was a momentary silence, then Ross shrugged.

“All right,” he said quietly. “Come on in. As a matter of fact, I wanted to see you, too.”

“I’m sure,” Coughlin said softly, significantly, as he followed Hank Ross into the lawyer’s private office. Sharon was typing from the Tombs transcript tape; Billy Dupaul’s strong young voice could be heard above the whirr of the electric typewriter.

“...time in the hotel. Jim Marshall? I should have kicked his brains out!” Ross’s even tones came on almost immediately. “What did he say—”

Sharon looked up with a welcoming smile as the door opened, her fingers poised over the keyboard of the typewriter; the smile disappeared as she saw the man accompanying Ross. She leaned over, switching off the recorder, and looked up at Ross questioningly. He nodded and the girl rose, turned off the typewriter and left the room, closing the door firmly behind her. Coughlin grinned.

“I see you run a well-trained office here, Ross. They learn quick.” He tilted his head in the direction of the cassette recorder on Sharon’s desk. “Billy Dupaul, eh?”

“Yes,” Ross said shortly. “Now, what did you want to see me about?”

“It can wait,” Coughlin said. “You said you wanted to see me, too. I figure it’s about the same thing, anyway.” He dropped into a chair beside the desk with a proprietory manner, his loud sports jacket hunching itself about his narrow shoulders as he leaned back, looking up at Ross. “What’s on your mind, Counselor?”

“I doubt if it’s the same thing,” Ross said quietly, “so let’s not waste time. You first.”

“If you insist,” Coughlin said with a grin. “I see by the papers the preliminary proceedings in the People versus Dupaul got under way today. It’s also about the time of year the sparrows start south, if you know what I mean. The Governor’s Committee investigating that riot should be coming out with their findings in the next few days, and it would be better if I were away on that trip, don’t you think?”

“Trip?” Ross asked innocently.

Coughlin sat up, his grin disappearing, his eyes narrowed.

“Let’s not be cute, Ross. Maybe you really should use a tape recorder whenever you talk to people; it might help that memory of yours. That’s right — the operative word was ‘trip.’ And what I’m talking about is the money I wanted to — borrow — to make it.”

“Oh, that trip,” Ross said easily. He shook his head regretfully. “You know, I’ve been thinking about it and I’ve decided not to loan you the money. I’m not sure you’re a very good risk.” He smiled in friendly fashion. “I’m sorry. Maybe you could find a friend at Chase Manhattan. Or Household Finance might see their way clear to helping you out.”

Coughlin’s skeletal face turned ugly. He came to his feet, glowering.

“Why, you stupid bastard! You’ll live to regret that attitude! If I get up on that witness stand—”

“If you get up on that witness stand?” Ross snapped his fingers, suddenly remembering something. “Now I remember! That’s what I wanted to see you about!” He reached into the inner pocket of his jacket, brought out a folded piece of paper, verified its identity, and handed it across the desk. “Allow me to play mailman. This is yours.”

Coughlin looked at him a bit stupidly for a moment and then took the stiff, legal-looking document from the outstretched fingers. He read the writing on the outside of the folded paper, opened it and read the first few lines on the inside, and then looked up, shaking his head in wonder.

“You’ve got to be kidding! A subpoena? For me?”

“For you,” Ross said. “Delivered legally. And saving the State a fee, I might add.”

“As a witness for the defense?”

“Correct,” Ross said, and nodded politely.

“You’ve got to be crazy!”

“Well, even hostile witnesses are sometimes better than none,” Ross said apologetically and shrugged his shoulders. His finger came up, pointing to the document, being helpful. “The Supreme Courts building; I’m sure you know where it is. October thirtieth, five days from now.”

Coughlin stared at him.

“And what do you think I’ll say on the stand?”

“We won’t find out sitting here, will we?” Ross said pleasantly. “Good-by. And on the matter of that — ah, loan — better luck next time.”

“There won’t be any next time,” Coughlin said harshly, his thin face hard. “Not for Billy Dupaul, that’s for sure.” He turned with his hand on the knob. “I’ll tell you one thing,” he said flatly. “That Dupaul kid sure has lousy luck with lawyers!”

The door closed behind him. Ross stared at the door panel with a frown on his face. It had been satisfying to give the blackmailing Mr. Coughlin a bit of comeuppance, but exactly where it could help Billy Dupaul was not precisely clear. In fact it was completely obscure.

He sighed. Oh, well, he thought, he had had a good day in court, and sufficient unto the day...

At eight o’clock that evening, Sharon and Hank Ross were sharing a table at the Sign of the Dove, awaiting Mike Gunnerson, who had been unavailable that afternoon, but who had arranged to meet them for dinner. Their drinks were before them and their dinner orders — including Mike’s usual two-pound steak — had been taken. Sharon started to raise her martini and then paused, smiling. Mike was pushing his way with difficulty through the tables. He came up, pulled back a chair, and sat down. He looked at the drink in Sharon’s hand, the glass of beer before Ross, and grinned.

“How many are you two up on me?”

“Don’t tell him,” Ross said to Sharon in a sotto voce. “Greediness should never be encouraged.”

“I’ll catch up, anyway,” Gunnerson said, and turned to call a waiter. To his amazement a hand reached over his shoulder and Jeannot, personally, was handing him his Scotch on the rocks. It was a double. Mike grinned.

“My apologies.” He raised his glass in a small salute, took a long drink, and set it down. “That’s better. We may even survive. Say, Hank, I hear you pulled a real Ross in court today.”

Ross smiled. Praise from Gunnerson was praise indeed.

“We did all right. Gorman raised a fuss, but he wasn’t really all that surprised. He’s quite an actor.” He grinned. “He’ll be more surprised when he discovers that getting Billy out is going to play merry hell with some of his prosecuting tactics in the next trial.”

“Good,” Mike said. “Anything that upsets Louie Gorman can’t be all bad.” He glanced around. “Where’s Billy?”

“We got him released from the Tombs about three this afternoon, and I checked him into the Marlborough on Lexington. I suggested he go out and get some decent clothes, or at least enough to last him through the trial, but he said that could wait; he wanted to go to the movies.” He grinned. “My guess is he picked a double feaure and will probably sit through it twice. I called the hotel before and left a message for him to join us here if he got back in time.”

“Well,” Mike said understandingly, “the last year or so there haven’t been too many privileges granted up at Attica. At least the movies are a better place for him to be than in a bar.” He smiled and raised his drink. “Which is where I’d be if I’d been in prison for the past four years.”

“Which is where you are even though you haven’t been in prison for the last four years,” Ross reminded him with a smile, and then moved aside to allow the waiter to bring their food. The dishes were carefully placed under the eagle eye of Jeannot; Ross picked up his knife and fork, tested the steak, and smiled his appreciation. Jeannot beamed and moved away.

“Well,” Ross said, cutting away, “enough of this Sybaritism, if there is such a word. Let’s get back to business. What have you got for us?”

Gunnerson finished his drink, signaled for a refill, and reached for his knife and fork.

“Well, my man up in Glens Falls was at this Jim Marshall for hours, but Marshall refuses to say a thing. He’s got a little shop up in Lake George Village about eight or nine miles above Glens Falls; he repairs bicycles and does odd jobs. Lives in a sort of shack about a mile from his shop. Not too prosperous. Don Evans — my man up there — has a feeling some money might loosen up his tongue.”

Ross looked up from his plate. “So offer him money.”

“I intend to, but I want to do it myself. I’m taking the early morning plane up there tomorrow morning.”

“Good. Anything new on Neeley?”

“I’ve had a man backtracking on him and I’ve got the report here in my pocket.” He tapped his jacket pocket for confirmation, accepted his second drink, tested it, and went back to his dinner. “But later you and I are meeting an old friend of mine who may be able to give us a bit more on Neeley than I have in this report. And information that’s a bit more reliable.”

“Oh?” Sharon paused in eating. “I’m not invited?”

“Not to this place,” Mike said positively.

“Not with two big, strong, and tough men to protect me?”

Mike laughed. “Oh, the place is safe enough. It’s just that I had enough trouble getting my friend to agree to talk even in front of Hank here. Bring along anyone else and all we’d get would be the silent treatment.”

“Well,” Sharon said, “then I guess I should have double-dated with Molly tonight instead of tomorrow night.”

Ross looked at her. “Why not both nights?”

“Because I don’t have Molly’s energy. If I kept her hours and spent them all dancing, too, I wouldn’t be able to stay awake in the office.” She sighed. “Maybe I’ll take in a movie, like Billy.”

“No double features, though,” Ross warned. “Remember staying awake in the office.”

Sharon made a face. Ross grinned and turned back to Mike.

“What about that report in your pocket?”

“Well,” Mike said, speaking around a large bite of steak, “it’s odd. Or at least it strikes me as odd. Neeley still lives — lived, would be closer — in that same apartment after all these years. The only one, as I said before. And as far as we have been able to determine, he’s never left town, not even for a vacation. I don’t understand it.”

“What’s to understand? Lots of people never leave town.”

“Well, I was sure he’d go after this Grace Melisi, wherever she was, and I was sure she wasn’t in New York. I figured he had to try and get his hands on her if only to break her arm, maybe. Just to teach her manners.”

Ross said, “Maybe he couldn’t afford the luxury of revenge. Sometimes it comes high.” He studied Mike across the table. “How was Neeley fixed financially? What did he do for a living?”

“When he didn’t have some mark on the hook? I don’t know. That’s one of the things I’m hoping to find out tonight.”

“How would your friend react to an attaché case?”

“With a recorder in it?” Mike shook his head decisively. “Not a chance! Don’t even have bulky pockets if you want him to talk. He’s cagey.” He glanced at his watch. “I told him between nine and nine-thirty.”

“Then let’s eat and get over there,” Hank said, and attacked his steak. He grinned at the girl beside him. “Besides, I wouldn’t want Sharon to miss the trailers...”

Chapter 11

Frank Bukvic was nondescript in the extreme. His suit was of neutral gray and cut to fit his body neatly but without any detracting stylish innovations; his hair was thin and colorless, neither too long nor too short; his eyes were pale in color and his small features extraordinarily regular. His general appearance was so subdued that one could easily forget that he was around. This anonymity was far from accidental; it was cultivated to bolster Bukvic’s principal profession. While he did many things from time to time to earn a living, in general Frank Bukvic was a salesman. He sold information.

Now, seated in the back booth of a small, dimly lit, and poorly attended bar on Second Avenue, sipping his highball, he spoke in a quiet voice that seemed to issue from motionless lips. The sound reached the two men across from him but miraculously went no further.

“Ray Neeley? Sure. A runner.”

“The numbers racket?” Mike was doing the talking, Ross merely listening.

“That’s what I just said.”

“A loner?”

“Nobody lones for near ten years, which is what Neeley did. He worked for the Organization. He had the section from Seventh to Eighth, Fifty-fifth to Sixtieth, if I remember right. Not the hottest property in town, but when he worked it properly he managed all right.”

“What about his love life? Ever hear of him and a Grace Melisi?”

“Never.”

“Or any other dame?”

“No idea,” Bukvic said. “Nothing real loud, that’s sure, or the Organization would have cracked down. Like they did when he tried to shake down that kid — that baseball kid. I forget his name.”

Ross leaned over, his eyes bright.

“You know about that? That it was a shakedown?”

“Me and half the town.”

“You can prove it was a shakedown?”

“Prove it? Who has to prove it?”

“I mean, would you be willing to testify in court—?”

“Court?” It was such a stupid question that Bukvic, usually exceptionally polite, pressed his lips together in disapproval. “I’m not in the business of proving; I’m in the business of reporting.”

“Well, then, do you know of anyone else — for a generous fee — who would consider testifying? One of those ‘half the town’?”

“No.”

“Look, Mr. Bukvic—”

“The answer is no.” The tone was as nondescript as the face, but final.

“Damn it!” Ross said to Mike, savagely, “how in the hell come nobody dug these facts out eight years ago? When they were hot?”

“If you don’t look, you don’t find,” Mike said in a soothing tone, and turned back to Bukvic. “Frank, how did they crack down on Neeley?”

“Just told him one more try to do something on his own and that would be that. They didn’t spell it out, but those boys don’t have to.” For the first time the faintest hint of a smile crossed the thin lips, but it disappeared so quickly that Ross wondered if he had imagined it. “Lucky for Neeley the heads of the numbers end were a bit more lenient when he tried to hire Jennings.”

Mike frowned. “Jennings? Russ Jennings?”

Ross cut in. “Who’s Jennings?”

“Local investigator,” Mike said, and went back to Bukvic. “What happened?”

“All I know is the Organization didn’t like it, but they weren’t too tough on him that time. Had him on the carpet, but he must have promised to keep his nose clean, because nothing came of it.”

“Who reported it to the Organization?”

“Jennings himself, I imagine. He must have figured it would be smart to check it out. Jennings is lots of things, but stupid isn’t one of them.”

“What did Neeley want Jennings to do for him?”

Bukvic shrugged. “No idea. Strictly between Jennings and the top boys. Never leaked, as far as I know.”

There were several moments of silence. Bukvic took advantage of the pause in conversation to sip his drink. Ross frowned down at his hands on the table in frustration, then looked Bukvic straight in the eye.

“Look, Mr. Bukvic, I have a client who can get life because nobody believes his story about that woman being in Neeley’s apartment.”

“I know,” Bukvic said. “Tough.”

For a moment Ross thought he saw a gleam of pity in the small man’s pale eyes, but he knew that even if it was there, nothing would be done about it. He sighed. Mike looked at him.

“Anything more, Hank?”

“No.” Ross shook his head in disgust. “Damn it, Mike, we have our case! We made a wild guess and we were right! Only how the hell do you prove it? If we could get anyone to testify...”

He looked at Bukvic imploringly. The slender man’s face was impassive.

“No way,” he said, and went back to his highball.

Mike stood up and sidled from the booth. Ross followed, Mike leaned down.

“Thanks, Frank. The usual post office box?”

“The same,” Bukvic said. He looked past Mike. “Sorry, Mister.”

“Me, too,” Ross said, and walked out of the bar with Mike Gunnerson right behind him. At the curb Mike stepped into the street and waved down a cab. The two men climbed in; Gunnerson leaned forward, giving the driver an address unfamiliar to his companion. Ross looked at him.

“Russ Jennings’ pad,” Mike explained.

“Will he talk?”

“To me, he will,” Mike said confidently.

“Shouldn’t we have called?”

“Better this way,” Mike said cryptically. “This way we find him home.”

The drive was finished in silence; the cab pulled up before an apartment house on Central Park West in the high eighties. The men climbed down, Mike paying, and walked into the lobby. The building had obviously seen better days; the marble table set beneath the large but flaking mirror was stained and cracked; the lobby was otherwise bare and hadn’t been painted in many years. Mike led the way past the tiny self-service elevator and took the steps two at a time.

The second-floor hallway was lit by a small bulb hanging unshaded from a cord; graffiti decorated the wall, illegible in the gloom. The dirty broken-tile floor was littered with cigarette butts. Ross wrinkled his nose.

“It looks as if your friend Russ isn’t doing so well.”

Mike looked over his shoulder, his face blank.

“Don’t worry about Russ Jennings. He could buy and sell both of us a few times over. Two things: One, this is still a good mailing address. Out-of-town agencies go for the Central Park West bit—”

“And two?”

“Two, Russ Jennings probably has the first dime he ever stole. He’s a miser.”

He paused before a door and rapped sharply. There was silence. Mike rapped again, louder this time. There was the sound of movement behind the solid panel; a cautious voice spoke.

“Who’s there?”

“It’s Mike Gunnerson, Russ.”

“Just a second.” There was a hesitant pause. “How do I know it’s Mike Gunnerson?”

“How the hell do I know?” Mike asked cheerfully and turned to Hank Ross. “A character,” he said. “Funny thing, he’s not a bad investigator. Barring being a bastard filled with more than his share of the milk of human larceny.”

There was the rasping sound of a bolt being withdrawn, followed by the scrape of a second; the men in the hallway could next hear a heavy bar being removed and apparently tilted against a wall. The door finally swung away from the sill the length of a safety chain. A suspicious eye surveyed the two men, after which the door closed again to permit the chain to be removed. At long last the panel swung back to admit them. Mike walked in, surveying the protection with honest wonder.

“What’s the matter, Russ? Somebody after you?”

Jennings was busy replacing the hardware.

“Nobody’s after me,” he said sourly. “What’s the matter? You just move to this town? This neighborhood’s changed. And I don’t bulk as big as you.”

It was an understatement. Jennings’ five feet six barely came to Mike’s shoulder, and his scrawny body looked as if it hadn’t had a good meal in years.

“So why don’t you move?”

“You got any idea the rents those thieves are asking over on the East Side?” Jennings led the way into the living room. He pointed to a sagging sofa and sat down in a straight kitchen-type chair. The windows were without curtains or drapes; old-fashioned shutters were closed and barred. Jennings looked uncertainly at the two men.

He said, “Sit down.”

Ross tried the sofa and almost fell through; he was saved by a broken spring. He struggled to the edge and sat there. Mike Gunnerson preferred the arm of the sofa; it wiggled under his weight, but held.

“All right,” Jennings said. “I know Mr. Ross, at least by sight. Well, what brings you two out slumming? I’m pretty sure it wasn’t to tout me on a pad in the high-rent district.”

“No,” Mike said. “It wasn’t.” He leaned forward. “Russ, some time ago a man named Raymond Neeley came to you and wanted to hire you to do a job for him. Right?”

Jennings’ face could have been carved from stone. He sat motionless, his small hands on his thin knees. He said, “You’re telling it.”

“What did he want?”

There were several moments of silence. Through the closed shutters came the normal sounds of the neighborhood; a child screaming, the screech of skidding tires, a derisive hoot from some boys in the street, and the distant wail of a siren. Then Jennings shook his head.

“You know better than that, Mike. That’s a confidence between me and my client.”

“I know,” Mike said sympathetically. “And you don’t want to go down to the morgue and ask his permission to divulge.” His voice lost its false humility, becoming harder. “Stop the crap, Russ. This is old Mike asking, remember? The guy you owe a few favors to, like not breaking your back for trying to steal the Webley account from me? What did you think, I didn’t know? All right, now, let’s take it from the beginning without the violins in the background. What did he want?”

“There are people who would rather—”

“Russ,” Mike said, his voice deadly serious, “I’m going to ask you one last time and then I’m going to lose my temper. As for the people you’re talking about, I know them, too, and they won’t save you from getting set on your ass if you don’t open up. Like you say, I bulk larger than you. Now, what did he want?”

Russ Jennings tried to look unhappy, but he was only weakly attempting to calculate how he could possibly make a profit without getting hurt. At last he decided it would be risky at best with Mike Gunnerson, and the unhappiness became real. Mike nudged him verbally.

“Well?”

“He wanted me to trace some dame,” Jennings said sullenly.

“Whose name was Grace Melisi?”

“If you know, what are you asking for?”

“Practice,” Mike said coldly as Hank watched entranced. “What did he give you for starters?”

“She had a sister in Albany. That’s where she came from originally.”

“Albany, New York?”

“Is there another one?” Jennings asked, disgusted.

“Several. And?”

“And what?”

“Russ,” Mike said, “if I’ve got to drag this out of you like pulling teeth, I’d just as soon pull teeth. Don’t sit there and act like you’re getting paid by the word—”

“I ain’t getting paid at all!”

“You’re so right,” Gunnerson said. “Did you find her?”

“I didn’t even start looking,” Jennings said. “Neeley was a policy peddler at the time; I knew that. And he’d been in a jam before with the top boys about some clip he tried to swing outside of school without nobody knowing—”

“Except you knew.”

Jennings looked scandalized. “Me? I never! Well, sure, later, when it was in the papers about him getting shot, I could put two and two together. I ain’t exactly stupid, you know.”

“That’s what everybody keeps trying to tell me,” Mike said, “but I’m not sold yet. So?”

“So I went upstairs and asked if the deal was kosher, and the answer was ‘No.’ So I dropped it.”

Mike frowned across the room at the little man sitting rigidly on the kitchen chair.

“Why did he want to find her?”

“Why don’t you ask him?”

“Why don’t you call your doctor, because you’ll be needing him shortly?” Mike said. “It’s answer period, Russ.”

“Well,” Jennings said grumpily, “it was a dumb question. You know about the deal. He wasn’t going to measure her for diamonds.”

“So when you dropped it, who did he go to?”

“He didn’t,” Jennings said. “The boys upstairs told him to keep out of grief or go find another job. He listened.”

“So nobody ever did dig her up?”

“If they did, I don’t know it.”

There was a moment’s pause. Then Mike sighed deeply.

“Russ,” he said with deadly emphasis, “I guess you didn’t hear what I said before. I came here for information about Grace Melisi and I want it. If you can’t back up that cock-and-bull yarn of yours, I’m going to have to remember that Webley account deal.”

Jennings eyed him coldly for a moment and then walked over to a scarred and battered filing cabinet leaning drunkenly against one wall, opened a drawer, and came up with a handful of folders. He leafed through them and finally selected one.

“You don’t believe me, see if you believe this.”

Mike took the folder and opened it. A single sheet of paper was inside, headed in surprisingly neat hand printing: Grace Melisi. Beneath it was the date: March 23, 1965. Beneath this was her description; Mike took out a pencil and pad and copied it down in detail. The fact that there was no photograph had been noted in the file. A single line completed the sparse information: Sister, Anne Melisi, 1410 Lincoln Blvd., Albany, New York. The balance of the sheet was blank except for a scribbled note: Discontinued. Mike added the address of Anne Melisi to his other notes and handed the folder back.

“You always keep seven-year-old files in your current filing cabinet, Russ?”

Jennings hesitated a moment and then shrugged.

“What the hell! I read where Ross had the kid’s case and I dug it out. I figured maybe I could be of some use to him on the case...”

“Just take it from us and stay away from the case,” Gunner-son suggested pleasantly. “Don’t remind me I don’t like you.” He rose and moved toward the door. Ross joined him. Jennings, his jaw tense, walked over and started to dismantle his fortress at the front door again. He finished and dragged the door open.

“Out,” he said coldly.

“A pleasure,” Mike said, and walked down the hallway without looking back.

The two men trotted down the steps and walked, side by side, out into the street. A cruising cab responded to Hank’s raised arm and they climbed in. Mike gave the address of their office building and leaned back.

“Just a quick check before turning in,” he said.

Ross said, “You were pretty tough with Jennings, weren’t you? After all, suppose we did have to pay him something for his information? The client can afford it.”

“I’m not worried about the client,” Mike said, and grinned. “You’ll find that out when I send in my bill. But I’ve known Russ Jennings a long time. All he’ll ever get from me is sweat. Or the back of my hand.”

“You know,” Ross said thoughtfully, “I believe that’s the first time I’ve ever seen you pull muscle on a person.”

“It’s easy when you outweigh them by a hundred pounds,” Gunnerson said cheerfully. “You probably never saw me handle midgets before.”

The cab drew up before their building. Again Gunnerson paid and led the way to the locked doors. A dim bulb within illuminated the unoccupied night porter’s desk, but Gunnerson, who worked nights as often as days, had his own key. He unlocked the door, locked it after them, and led the way to an empty elevator cab whose light angled down to the shadowy lobby.

They rode to the proper floor jerkily; Mike brought the car to an inexpert stop almost a foot below level, jockeyed the control handle a moment to end up a foot above level, said “The hell with it!” and tugged the door open. They stepped down to a silent hallway; the light from Mike’s office was the only sign of life in the quiet building. Mike opened the door; his night telephone operator, a college student, laid down the book he had been studying.

“Hello, Mr. Gunnerson. Hello, Mr. Ross.”

“Hello, Tod. Anything new?”

“A bunch of reports on your desk. Nothing else.”

“Right,” Gunnerson said. “Hank, come in and sit down while I run through these reports.”

“In a minute,” Ross said. “Tod, do me a favor? Do you have the number of my answering service there?”

“Same as ours, Mr. Ross.”

“Give them a ring, please. See if I had any messages.”

“Sure,” Tod said, and plugged in a cord. He dialed, spoke a few words, waited, and hung up. “Nothing, Mr. Ross.”

“Then get me the Marlborough Hotel on Lexington, would you? Room 803.”

“Right.” A rotary file was consulted, a dial twirled. Ross waited impatiently. Tod shook his head. “No answer. Want the desk?”

“Please.”

Ross picked up the nearest phone as Tod inserted a plug. “Hello? Desk?”

“Yes, sir.”

“My name is Ross — Hank Ross—”

“Oh, yes, Mr. Ross!”

“I was with a young man who checked into the hotel this afternoon a little after three. His name is William Dupaul, in Room 803. He doesn’t answer his telephone. It’s quite important that I reach him. I wonder if you might have him paged?”

“I remember, Mr. Ross; I’d just come on duty when you came in. One moment.” This time the delay was, indeed, only a moment. The desk clerk sounded genuinely sorry. “I’m afraid there wouldn’t be much point in paging him, Mr. Ross. Your note about meeting him for dinner is still in his box, together with his key.”

“I see,” Ross said slowly. “Thank you.”

He hung up, frowned at the telephone a moment, and then walked into the inner office. Mike Gunnerson was tilted back in his chair, the lamp behind him throwing a shaft of light over his shoulder onto the sheet he was reading. He looked up.

“What’s the matter, Hank?”

“Billy Dupaul’s not in his room. He hasn’t been back to the hotel since he left this afternoon.”

Gunnerson grinned.

“What do you think? In jail for seven of the last eight years, he’s going to be cooped up all alone when he doesn’t have to? He’s over on Eighth Avenue somewhere in the forties, making up for lost time.”

“Maybe,” Ross conceded, but he didn’t sound sure of himself. He shrugged. “What’s new in the reports?”

“Well,” Mike said, indicating the paper he was holding, “I had a man check with that prison chaplain at Attica — Father Swiaki. It seems the good Father simply mislaid the key to the equipment room. He looked all over, remembered his laundry, went to the prison laundry, found his bag, and the key was in the pocket of a sweater. So he opened the door and the game got started. A half hour late.”

“Well,” Ross said thoughtfully, “that’s a little something, anyway. Not a great deal, but something.”

“Which brings up the question I raised before. Do we go after the umpire?”

“Just get his name and address,” Ross said. “I may want to put him on the stand, if Gorman brings the riot into it. To confuse things, if nothing more.”

“Right,” Mike said. He made a note, yawned cavernously, and came to his feet, looking at his watch. “Almost twelve! And I want to be on that six o’clock plane to Glens Falls!”

The telephone rang. Mike leaned over and picked it up.

“Yes, Tod?”

“Don Evans from Glens Falls, Mr. Gunnerson.”

Gunnerson cupped the receiver. He said, “Don Evans. Maybe he got something on the old man’s finances...” He removed his hand and listened. The unintelligible crackle of sound from the receiver could be heard in the quiet room. Ross waited patiently. Gunnerson’s mouth dropped open from shock.

“What?”

He looked up at Ross.

“Somebody just put a thirty-caliber bullet through Jim Marshall as he was parking his car. He’s dead...”

Chapter 12

For the last time,” Ross said into the telephone, his voice tight, “where were you last night?”

Through the glass of the telephone booth he could see Mike Gunnerson pointing significantly toward his watch and then out toward the runway where the Mohawk plane, all lights lit, stood ready to take off. Beyond, the lights bordering the runway tapered to infinity in the darkness. Ross nodded his understanding and went back to his call.

“Look,” Billy Dupaul said, “I’m sleepy. I’ll talk to you later.”

“You’ll talk to me now!” Ross said. “Where were you last night?”

“Well, if you want to know, I was walking.”

“Walking? All night?”

“Sure, all night; what’s wrong with it? You ever spend all your nights locked up, Mr. Ross? Year after year after year? And then suddenly find yourself free when you didn’t think there was a chance in hell of being free? Well, you walk, Mr. Ross. You walk.”

“Did you stop any place? Any bar? Any restaurant?”

“No, I just walked.”

“Can you prove it?”

“Why should I have to prove it?”

“Never mind that. Can you prove it?”

“Can you prove I didn’t?”

Ross sighed hopelessly. “Where did you walk?”

“How should I know where I walked? All around.”

“You walked all night in this weather?”

“What’s wrong with the weather?”

“It rained last night after midnight,” Ross said.

“It did? Look, Mr. Ross, I appreciate everything you did for me yesterday, but if you want to cross-examine me, wait until I’ve had a little sleep, will you? I’m going to hang up.”

The telephone clicked in Ross’s ear. He slammed the receiver down with irritation and pulled the door of the booth open. Mike grabbed his arm.

“Come on! It’s bad enough getting up at this ungodly hour, without missing the plane you got up for. Let’s go!”

The two men hurried out to the runway and climbed the aluminum steps. The first faint strands of dawn were tinting the sky to the east as the stewardess closed the door behind them and latched it. The thunk of the lock going into place seemed to reprimand them for their lateness. They sat down and fastened their seat belts. Mike pulled his tight and looked over at Ross.

“Okay. Now, what did he say?”

“He said he was walking all night.”

“Walking all night?”

“That was my line,” Ross said. “Anyway, that’s what he said. He also said he was sleepy.”

“I can imagine. He didn’t happen to be walking in Glens Falls, was he?”

“If he was, he didn’t mention it. Let’s hope not. One murder and one riot are enough at the moment. As you once said,” Ross went on, “Billy Dupaul is either the most unlucky man in the world, or the most stupid. I’m still not sure which.”

“Did you tell him about Marshall?”

“No,” Ross said shortly. “If he did it, he alreadys knows. If he didn’t do it, there’s no rush to bother him. He’ll read about it in the papers.” He yawned and leaned his head back against the headrest, closing his eyes. “Wake me when we get there. I haven’t been walking all night, but I’m sleepy just the same.”

Lieutenant Ernest (Ernie to his friends) Lamport was a tall, well-built, pleasant-faced man in his late forties, with a deep voice and a ready smile when he wanted to use it. At the moment he was using it very little. His hands were surprisingly small for a man his size and he used them frequently to gesture. At the moment he stood beside Gunnerson and Ross, pointing, while Don Evans stood in the background. The lieutenant’s breath steamed in the chill Adirondack air.

“We figure the killer stood over there on the edge of the woods and waited for Marshall to come home. There’s a yard light that can be switched on from either the garage or the house. Marshall apparently drove into the garage, got out of the car, switched on the yard light from inside the garage, and then went outside to close the garage door. In the glare of that yard light, and at that distance, he would have been a perfect target. And he was.”

Gunnerson looked at the scarred door where the fatal bullet had been removed.

“Where was he hit?”

“The bullet got him in the back, left of the spine, went through his lung and nicked one of the main heart arteries, came out and hit the door. He was dead when we got here.”

“Who gave the alarm?”

“A neighbor said he heard a shot and looked out, saw this shadow on the ground, went out and it was Marshall.”

“Did he see anyone leaving?”

Lieutenant Lamport shook his head. “We figure the killer stood back in the trees in that wood, bushwhacked Marshall, and then beat it back through the woods. They aren’t too deep, and on the far side there’s a little creek — small enough to be jumped — and then a wide field, and then the main highway. Anyone could have parked a car off the road there, crossed the field, shot Marshall and returned.”

Ross said, “That sounds like someone from around here?”

“Or who once was from around here,” Lieutenant Lamport said. His eyes were expressionless.

Gunnerson said, “Have you determined what kind of a gun it was?”

“The bullet was sent to the lab, but I had a chance to see it first. It wasn’t fired from a hand gun. It was a thirty caliber, would be my guess; a rifle.”

“Did you find the empty cartridge shell?”

“No, but we really haven’t had a chance to look yet. Or the killer might have taken it with him, if he was lucky enough to find it in the dark. I took a quick look over there, but I didn’t see it.”

“See any footprints?”

Lieutenant Lamport shook his head. “It’s too matted with pine needles. Springy. Doesn’t show a thing.”

“Would you mind if my man, Evans, took a look?”

Lieutenant Lamport smiled at him enigmatically.

“I’m afraid I would, Mr. Gunnerson. I have men coming who will be more than capable of doing a search. Actually, what I suggest is that your man Evans get into your car and sit there, while you and Mr. Ross join me in my car. I’d like to ask you a few questions, too, and we might as well do it in relative comfort.”

The three men crossed the crushed rock driveway as Evans retreated to the rented car and climbed in. Ross opened the back door of the trooper’s car and climbed in; Gunnerson walked around and got in the front beside Lamport. There was a constant chatter from the radio; Lamport turned it down, but, keeping it slightly audible, started the motor and put on the heater, loosened his overcoat, and looked from Gunnerson to Ross in friendly fashion.

“All right, gentlemen,” he said pleasantly, “I’ve been more than cooperative because I know both you and Mr. Gunnerson by reputation. Now I’d like to ask a few questions. Mr. Ross, why your interest in an obscure shooting way up here out of your bailiwick?”

“Lieutenant,” Ross said, “James Marshall was scheduled to be a witness in a case I’m defending beginning in two short days. It was my hope that he would give testimony that would be useful to my client.” He shrugged. “Naturally his death came as a shock, and was of more than passing interest.”

“Exactly what useful testimony did you hope to get from him, Mr. Ross?”

There was an odd note in the lieutenant’s voice, but his face was still merely mildly curious. Ross plowed on.

“James Marshall was my client’s best friend. They were rooming together in New York City some time ago when a crime occurred for which my client is now being charged. I thought it was possible that Marshall might have some recollection of the period that might possibly help my client’s cause. When I heard of his death, therefore—”

Lieutenant Lamport held up one of his small hands, interrupting.

“Mr. Ross,” he said in a gentle voice, “please remember that you are speaking to the State Police. If I wished to be unfriendly, I could point out to you that I am engaged in a murder investigation, and every question I ask, whether to a suspect or not, is still official. And that untruthful answers are poor policy. But you know that as well as I do, and as I said before, I’ve heard of you, so I’ll start over. What was your interest in Marshall’s killing?”

“But, I told you—”

The lieutenant sighed, as if disappointed in the other man.

“Mr. Ross, we are all quite familiar with the Dupaul case up here. After all, Billy Dupaul came from Queensbury, just down the road, and we were all very proud of Billy when he was picked by the Mets. We don’t have many local heroes and we tend to overadulate the few we have, I suppose. And we were all shocked when Billy got into trouble; we also don’t have too many villains. So the spotlight was on Billy Dupaul, especially among the police. We also know, Mr. Ross, that Billy Dupaul and Jim Marshall had a big fight in New York eight years ago. Marshall never made any bones about it. If you wish, I can introduce you to at least ten people who will swear on a witness stand that Marshall told them Billy Dupaul threatened his life before he left New York eight years ago.”

Ross was listening, his face a mask. It was an odd feeling to be on the other side of an interrogation where he was at a disadvantage. Lieutenant Lamport smiled faintly, as if he could read the other man’s mind. Mike Gunnerson, his eyes twinkling, bit back a grin and listened.

“Now, Mr. Ross, let me suggest that you came to Glens Falls because you are not certain in your own mind if Billy Dupaul was involved in this killing or not. Billy was out of his hotel room — the Marlborough — last night. He left the hotel at three-thirty yesterday afternoon and returned at five-fifteen this morning, an absence of nearly thirteen hours—”

“Nearly fourteen hours,” Ross said woodenly.

“I’m sorry. I’m terrible in math. Where was I? Oh, yes. By plane it takes exactly forty-five minutes to get here from New York; by bus approximately four hours. You can also drive it easily in four hours, and if you wish to take a chance with our highway boys, it has been done in less than three. Considerably less.”

He smiled at Ross. Ross returned his smile. It was time to take the offensive.

“To rent a private car, Lieutenant, one needs a current driver’s license. They don’t issue them at Attica.”

“In New York City,” the lieutenant replied, “there are between two hundred and two hundred and fifty automobiles stolen each day. One thing I’m sure they issue at Attica State Prison is instructions on how to jump an ignition.”

Ross sighed. This was a hard man! Unfortunately, he was also right.

“Are you saying, Lieutenant, that anyone in New York City who was out of his or her lodgings for fourteen hours last night is a suspect in the murder of Jim Marshall?”

Lieutenant Lamport’s smile this time was genuine. He seemed to enjoy the verbal contest, as one would a game of chess.

“Mr. Ross, your very presence here leads me to suspect Billy might have been involved. Otherwise, why are you here?”

“I happen to have other reasons for being here,” Ross said. “Also in connection with the case.”

“Such as?”

“I’m afraid those are confidential.”

“Ah!”

“It happens to be the truth.” Ross studied the lieutenant’s benign face. “It bothers me a bit, Lieutenant, to see the police build a case against a person on such flimsy evidence. The fact that Billy could have gotten here; the fact that between two hundred and two hundred and fifty cars are stolen each day in the city and Billy could have stolen one; the fact that the two men had an argument eight years ago, as if Marshall couldn’t have made other enemies in the intervening years!”

“We don’t railroad people, if that’s what you’re talking about,” Lamport said quietly. “We do look at possibilities.” His voice became gently sardonic. “Tell me, Mr. Ross, how much do you believe in coincidence? Marshall lives quietly and unobtrusively in a small town like Lake George Village, without any trouble that has come to our attention, for many years — and then the day a man is released from prison, a man who has threatened his life, he is shot. Don’t you believe we should consider the possibility of Dupaul being involved?”

Ross sighed.

“Yes,” he said honestly. “Of course you should.”

“Thank you.” It was a sincere statement. “We haven’t any intention of hounding Billy Dupaul. We know he’s in trouble and we don’t believe in adding to the clamor. On the other hand, we intend to continue our investigation, naturally, and it would be foolish not to realize that Dupaul is a suspect.”

“But, I hope, not the only suspect.”

“Nobody is ever the only suspect until someone is arrested, charged, tried, and found guilty.” Lieutenant Lamport looked at his watch. “I’ve got things to do, as I imagine you do.”

The two men got down from the car, their breaths steaming in the cold air. They closed the doors behind them. Lieutenant Lamport rolled his window down and put his hand out. Ross took it and shook it.

“I knew Billy Dupaul as a kid,” Lamport said. “I coached him in Little League. I liked him. Still—” the steady eyes came up “—if, by any chance, you get him off that murder charge, Counselor, I wouldn’t want him leaving the state without notice.”

He rolled the window back up, gave a small wave from behind it, and drove off in a spurt of dust. Gunnerson and Ross walked back to their car and climbed in. Don Evans, Gunner-son’s operative on the spot, had the engine running and the heater on. Ross sighed.

“Quite a guy, that Lieutenant.”

“Too true,” Gunnerson said a bit glumly. “Now, add that to the murder charge in New York, plus the riot, and what do you have?”

“A lot of work to do,” Ross said. He straightened up in his seat. “I think you should keep Evans up here, checking out Marshall. Maybe he told somebody what the fight with Billy was all about; a relative, or a friend.”

“Good enough,” Gunnerson said. “Don, if you need more people, bring in some of the Quigley Agency men from Albany. I know the cops are going to check the airport and the bus depot to see if maybe Dupaul came in here last night, but it wouldn’t hurt to double check. Keep next to Lamport, if he doesn’t throw you out of his office, you know what we need.”

“Sure,” Evans said. He was young, blond, and brash. He was also good. “A miracle.”

“Right!” Gunnerson said. “Well, you might as well take us to the bus station. We might as well take a run down to Albany and check out this Anne Melisi while we’re up in this neck of the woods.”

“You check her out alone,” Ross said. “And I hope to God you come up with something. We’re running out of places to look, not to mention time.” He looked at his watch and made a rough calculation. “Let Don drive you down there to save you time. There’s a plane from here to the city at three forty-five; it stops in Albany. That should give you enough time there to get the Quigley Agency on Melisi’s trail. Try to catch the plane. Okay?”

“Sure,” Gunnerson said, mystified. “But what are you going to be doing between now and plane time?”

“You forgot my infernal curiosity,” Ross said. “I’m going to the Queensbury Central Bank. I still want to discuss old John Emerich’s finances—”

Chapter 13

A new chrome-and-glass-and-ample-parking-space shopping center adorned the corner of Lakeland Avenue and Edwards Boulevard on the town line of Glens Falls; across the highway in the adjoining township of Queensbury — and a hundred or more years distant in time — stood the Queensbury Central Bank. Spurning all exterior modernity, it was housed in a grey fieldstone converted post-Revolutionary residence, and the officers would not have had it otherwise. Nor would the depositors. It gave a sense of permanence. No one would dare embezzle from this place, its appearance seemed to say; if they haven’t since the War of 1812, why should they start now?

Mr. Norwood Howard, president emeritus of the bank, was still permitted an office, albeit small — it had been the pantry of the original dwelling — and Mr. Howard fitted into the decor perfectly. Hank Ross, entering the tiny room which the president emeritus shared with several wooden filing cabinets, looked about admiringly. Obviously, no computer in this establishment would be given the opportunity to multiply a deposit by a million, or delay a customer’s statement an extra week.

Mr. Howard was a very old, round-cheeked little man with twinkling hazel eyes, snow-white hair cut very short, and a surprising bounce for his age. He greeted Hank with old-world courtesy, offered first tea and then bourbon, both refused, and only reseated himself after his guest had made himself comfortable.

“Mr. Ross,” he said with obvious sincerity. “I’m a great admirer of yours.”

He saw the look of surprise that crossed Hank’s face and smiled. When he spoke there was a touch of irony in the gentle voice.

“Don’t let the decorations fool you,” he said in his quiet voice. “We have all the accoutrements of any modern bank in the country. We have electricity and our janitors gave up green sweeping compound at the same time our bookkeepers gave up green eyeshades, and that was at least a month ago. And our town has radio and television, and even an occasional copy of The New York Times finds its way here in the luggage of some stranger passing through on the stage. We’re quite up to date, Mr. Ross, and I’ve followed your cases with interest.”

He smiled across the pristine blotter on his desk benignly.

“Now, Mr. Ross — what can I do for you?”

Ross laughed. “You might stop making me feel so foolish, although I suppose I deserve it. It’s true, I suppose I expected to see little men with arm garters perched on high wooden stools writing in ledgers with quill pens. I apologize.” He became serious. “Actually, Mr. Howard, you can help me a great deal on a case involving a local resident.”

“Billy Dupaul, of course,” Howard said calmly. “I read you’d taken on the case. But how can I help?”

“You were acquainted with Billy’s grandfather, John Emerich?”

“Very well. From boyhood, to be exact. Why?”

“Did John Emerich bank here?”

“Of course.” There was a touch of disdain in the reedy voice, hinting that only infants under fifty, or idiots, banked at one of the newer banks in Glens Falls. “Why?”

Ross hesitated.

“I’m afraid I’m looking for information that might be considered confidential.” Howard’s hazel eyes were unwavering, his pink-white face expressionless. He made no comment, merely waiting. Ross pushed on. “Well, frankly, what was the state of John Emerich’s finances?”

A frown appeared on the round face. “May I ask what you know of his finances?”

Ross said frankly, “Nothing.”

“Then, could you tell me why you want to know?”

“I’m not sure myself. A hunch.” The lawyer frowned. “For example, Billy’s folks — Old John’s daughter and her husband — were killed in an accident, as I recall. Did they leave any insurance?”

“Pierre? No. He never carried any. Never had enough money for premiums.”

“Did the railroad make any settlement?”

“The railroad was without fault, and their lawyers were quite adequate. No, there was no settlement.”

“That’s what I gathered from the little I knew,” Ross said. “Yet Billy says that his grandfather, while having no money, gave Billy anything he wanted. In fact, he gave him enough, apparently, to allow him to indulge in hospitality to his friends — hospitality that cost money. It seems to me to be a contradiction, and I like everything clear. I hate surprises.” He smiled. “Especially surprises from the prosecution.”

“I see.” Howard stared down at his desk gravely. At last he looked up. “Suppose that any information I gave you proved — as I am sure it would prove — to be utterly useless to your case?”

“Then it would remain completely confidential.”

“Even from your client? Billy, I mean?”

“Especially from Billy.”

“Well,” Howard said, almost to himself, “John’s been dead a long time, and the checks stopped even before then—” He didn’t wait for Ross’s question. “Mr. Ross, John Emerich received a check every month from the time Billy was born until Billy was eighteen years old.”

Ross felt that familiar tingle that told him that he was onto something. How that something could help him in his case he didn’t know at the moment, but at the moment it didn’t matter.

“Where did the checks come from?”

“They were drawn on a New York bank — the Hudson River Bank.”

“And who signed them?”

“They were cashier’s checks.”

Ross felt a sudden pang of disappointment. Was he going to get so close to something he was now sure was important, only to lose it?

“Didn’t John Emerich ever tell you who was sending them?”

“No, he never did.”

“Were these checks always for the same amount of money?”

“They were for five hundred dollars each. They always arrived on the fifth of the month, or the nearest Friday, if the fifth fell on a weekend.” Howard considered Hank Ross. “That may not be a lot of money in New York City, Mr. Ross, but as supplemental income up here, especially in those days, it was quite a bit.”

“I believe it,” Ross said sincerely. “What else can you tell me about them?”

“Not much. John Emerich came into the bank with the first check, handed it to me, and asked me to deposit it to his account. I was a vice-president then, but John always worked directly with me. He endorsed it and I personally entered the amount in his passbook and put the check through. John told me there would be a check every month, but that in the future they would be sent directly to the bank to my attention, and they were. For eighteen years.”

“Who were they made out to?”

“They were all made out to ‘William Dupaul or John Emerich,’ for deposit only. They didn’t require any endorsement after the first. That hadn’t been marked for deposit.”

“When did Emerich die? Before or after Billy’s eighteenth birthday?”

“John died about a month after Billy graduated from high school, but the checks had stopped a month before then. As I said, on Billy’s eighteenth birthday.”

“Was any of this public knowledge here in town?”

Norwood Howard shrugged. “Mr. Ross, people are always curious about other people’s affairs. I imagine some wondered how John Emerich could raise Billy the way he did, but up here people tend to mind their own business.” He shook his head. “If anyone knew of it, or suspected it, nobody said anything, and that’s the important thing.”

“I see,” Ross said. He sighed. “And John Emerich never gave you any idea of who was sending those checks?”

“John? Never.”

“Or why they were being sent?”

There was a long moment of silence. Then the old banker spoke softly.

“Mr. Ross, I detest gossip, but if what I’m about to tell you will help young Billy, I’ll indulge. Mary Emerich was a hellion. We had a good many soldiers around here during the war. One day, for no good reason, Mary went up to Canada. Ten months later she came back with a husband and a baby she said was one month old, but it was awfully big for a one-month-old baby. She moved in with her folks — her and her new husband — and sponged off them until Mary and her husband were killed. Riding in John’s car, incidentally.”

Ross frowned. “I don’t understand. You mean, Billy Dupaul was born in Canada? That he isn’t an American citizen?”

“No, sir. That’s precisely what I don’t mean. Billy Dupaul was born in Chicago, Illinois. I know, because the money orders for the nursing home and the doctors cleared through me. John Emerich knew he could trust me.” The round face looked a bit forlorn. “Or he could until today...”

Ross disregarded the statement.

“What you are saying, Mr. Howard, is that Pierre Dupaul was not Billy’s father. And in your opinion it was the real father who kept sending Emerich money for the boy’s support. Until he came of age.”

“That’s right, Mr. Ross.”

“And you have no idea who that man was?”

Again there was a long pause from the elderly banker. Ross suddenly knew he was on the verge of discovery.

Mr. Howard spoke slowly.

“Mr. Ross, you asked me before if John ever told me who was sending the money that supported Billy, and I said he didn’t. Nor did he. But even us old codgers in these small towns get to banking conventions once in a while, and the chief cashier of the Hudson River Bank is a friend of many years. And one night, over cocktails, I asked him who was sending these cashier’s checks to a little bank like ours in Queens-bury—”

“And he told you?”

“Blame the infernal martinis, Mr. Ross, and my unconscionable curiosity. Don’t blame my cashier friend. But he told me.”

It was like squeezing blood from a rock; then he saw the hazel eyes twinkling and he knew Mr. Norwood Howard was purposely keeping him on tenterhooks.

Ross smiled. “And it was?”

“His name was Quirt,” Mr. Howard said evenly. “Charles Quirt.”

Ross saw Mike Gunnerson’s grizzled head appear at the cabin door of his plane as it stopped in Albany to take on passengers. Ross noted his friend with pleasure. For one thing, they would be able to discuss the case on the flight to the city and thus save time; for another, Mike must have started the Quigley Agency on the job or he wouldn’t have been on the plane. Mike never left jobs half finished.

Gunnerson looked about the small cabin, located Ross, and dropped into the adjoining seat. He found his seat belt and fastened it, and then faced Ross.

“Well? Any luck tracing Old John’s money?”

“You first,” Ross said. “I gather you got the Quigley Agency working on Anne — and Grace — Melisi. Are they any good?”

“Who? The Melisi girls?”

“The agency!” Ross said with a touch of asperity.

“Oh, I didn’t bother with them for that. I’ve got them on something else,” Mike said airily. “I found Grace Melisi myself.”

Ross grinned. “You dog! Holding out on me! Where did you find her? And when do we get her to New York?”

“We don’t,” Mike said, his face now somber. “She’s dead. I found her in the cemetery.”

“Dead!”

“That’s right.”

“Since when?”

“A little over two years.”

“Natural causes?”

“Completely,” Gunnerson said with conviction. “I spoke with the doctor who signed the certificate, as well as with the coroner, although they didn’t need an autopsy. She died in the county sanitorium. Tuberculosis. She’d had it for years.”

“Damn!” Ross bit his lip and stared from the window, thinking. All the triumph he had been feeling at having discovered Quirt’s identity in the matter was wiped away by the news of Grace Melisi. Ross suddenly realized how much he had been depending on locating the woman. The plane was lifting off; he turned to Gunnerson. “Where do we go from here?”

“I’m still having the Quigley Agency check on her background. Her sister moved some time ago, and we’re looking for her. Maybe she can tell us something. If we find her. When does the trial start?”

“The day after tomorrow. You know that.”

“I guess my subconscious was trying to protect me by making me forget,” Mike said with a smile.

“Anything on a boyfriend?”

“That’s another thing the agency is checking out. I spoke with a few of her friends at the sanitorium; apparently she never married.”

“Well, pray they come up with something.”

“Right,” Mike said. The lighted seat-belt sign went off; Mike loosened his belt without removing it. “Your turn, now. What did you find out about John Emerich and his money?”

“Billy Dupaul was born out of wedlock,” Ross said quietly. “Pierre Dupaul apparently was a husband of convenience. It seems the true father sent a monthly check from the time Billy was a baby until he came of age.”

“Anyone we know?”

“Charley Quirt,” Ross said evenly.

“Quirt!”

“That’s right. It explains a few things that have been bothering me, but it complicates a lot more.” Hank raised a finger. “One, it probably explains what Marshall told Billy that night in the hotel that got him started off on that binge—”

“I can see where, to a kid like Billy Dupaul, someone telling him his folks weren’t married — and with liquor in the place — would not only get him mad but start him making a few inroads into the bottles,” Mike said. “There’s only one question.”

Ross looked at him without speaking.

“How would Marshall have known? Was it common knowledge in Glens Falls? Or Queensbury? And if it was, how come Billy never heard it?”

“It wasn’t common knowledge,” Ross said slowly. “You’ve just raised a damned good question. Obviously, somebody used Marshall. Told him the story and asked him to pass it on to Billy.”

“But even so, why would Marshall do it? I thought that up until then they were supposed to be good friends?”

“I’d guess that the operative word in that sentence is ‘supposed,’” Ross said. “My hunch is that Marshall probably hated Billy all his life. It’s pretty tough taking favors all your life.” He suddenly snapped his fingers. “And I have another hunch—”

“We have another hunch,” Gunnerson said. “If Marshall had been paid to start Billy off on that binge, then Marshall could also have been paid to hand over the gun to the payer. Right?”

“Very right,” Ross said. “And when Don Evans started nagging Marshall for information, someone got nervous. And that was the end of Marshall.” He turned around to Gunner-son. “Mike, what do you think?”

“I think it only leaves one question.”

“What’s that?”

“Who,” Mike said, and turned to look out the window across the plane.

Chapter 14

Hank Ross entered his office the following morning to find a strange girl in charge of the telephone switchboard. She was extremely young, slight, and very blue-eyed. He frowned and started to walk past the small barrier into the central offices, when she held up her hand. It was tiny with long red nails that looked as if they had been honed, but the gesture was authoritative.

“I’m sorry,” she said haughtily. “It isn’t permitted that people who are strangers should just barge in unannounced, like. Might I ask to whom you desire to speak?”

Hank shook his head in disbelief at the language, biting back his first comment.

“I’m sorry,” he said finally, trying to sound contrite. “You’re quite right, of course. Is Miss McCloud here?”

“Half a sec.” A cord was inserted into the board and a switch depressed. “Honey? Are you in? Who? I don’t know. Should I ask him? Sure, honey.” The baby-blue eyes came up. “What’s your name, mister?”

“Ross,” Hank said politely. “Hank Ross.”

A pad was obtained and a pencil picked up. Blue eyes came up, anxious to do the job properly.

“How do you spell it?”

“The same as on the top of the pad you’re using,” Hank said, trying to be helpful.

“Oh? Gee, thanks.” The girl spoke into the mouthpiece of her headset. “He says his name is Hank Ross, honey. R-O-S-S. What’s that? What!” She dragged the cord from the switchboard, looking at Hank with justified resentment. “You should have told me you were the boss. I was told to keep people out unless they were announced—”

“And you did very well,” Ross said hastily, and escaped past the barrier.

Sharon was grinning widely as he came into his office, shedding his coat.

“Sic transit gloria mundi,” she said. “Imagine! A telephone operator who doesn’t recognize the great Hank Ross on sight!”

“Merely the generation gap,” Hank said with a smile. “I’ll bet her mother wouldn’t have made that mistake. By the way, where is Molly?”

“She doesn’t have the iron constitution I gave her credit for,” Sharon said. “Dancing, yes. She can dance all night and still come into the office bright and fresh. But she’ll never make it on skid row. One drink is about her limit.”

“And how many did she have?”

“When I had an unlimited expense account at my beck and call? And instructions to ply them both with liquor and worm out their secrets? She had six,” Sharon said. “Doubles.”

“My God! I hope she gets back to work in a week!” Ross sat down at his desk. “I told you to entertain them, not to poison them!”

“Oh, she liked them at the time,” Sharon said airily. “And her boyfriend Jimmy didn’t turn a hair.”

“What about her boyfriend Jimmy?”

“You mean, Target-for-Tonight? Well, Jimmy is a very nice man who honestly dances as well as Molly says. I also do not believe he is married, because he has that same unworried look you have, H. R. And my guess is that he came here looking for a dentist the other week about as much as he flew to the moon last Sunday.”

Ross frowned. “You’re sure?”

“Positive.”

“What makes you so sure?”

Sharon grinned. She said, “We spies usually don’t give away our secret methods, but considering the amount of money we spent last night, I expect you have a right to know. While we were dancing, I asked him how he finally came out with Dr. Gross, his dentist. And he said fine, all he needed was one small filling.”

“So?”

“So, to begin with, the last time he was here the dentist’s name was Ross, not Gross. And in the second place Jimmy suffers from never having been married; he’s had too little practice in lying. He stumbled over words and things like that.”

Ross frowned. “So what was he doing here?”

“That I never discovered,” Sharon admitted. “But at least we know he came here under completely false pretenses.”

“Did he ask about any of our current cases?”

“Well, he claimed to be a baseball fan. He said he remembered Billy Dupaul when he first came up to the Mets. Said he read you were handling the case, and said he hoped you’d get the boy off.”

“That’s all?”

“Well, he asked if you had any plans for the trial; said since he’d been going around with Molly he’d gotten interested in law. It was a natural enough question, I suppose. In any event, I told him you had no special plans, and that was that.”

Ross drummed his fingers restlessly on the desk top.

“It all sounds natural enough, but I don’t like it. I’d still like to know what brought him to the office, and with such a flimsy story. And making up to our telephone girl like that. What’s he after?”

“Maybe another night on the expense account would help, H. R.,” Sharon said, grinning. “Maybe we didn’t ply him with enough liquor.”

“I doubt we could justify it to the income tax people as a deduction,” Ross said, smiling, “let alone Charley Quirt. And speaking of Charles Quirt, would you get him on the line?”

Sharon drew over a telephone and managed to get the new girl to understand. A few minutes later she turned, the receiver cupped in her hand.

“He’s away for a few days.”

Ross’s eyes narrowed. Charley always seemed to be away when Billy Dupaul went to trial. Allergic to trials, possibly?

“Any message?” Sharon said.

“No,” Ross said shortly. “Get Steve in here. We have a trial coming up tomorrow!”

“So where do we stand?” Steve asked. His usual voluminous file of papers was beneath his hand, ready for instant reference. Both men were in their shirt sleeves; empty coffee cups were scattered about the long conference table. Hank Ross ran a hand through his thick hair.

“Out in mid-air,” he admitted. “Damn! We know the boy was the intended victim of a swindle scheme; both Bukvic and that private detective, Jennings, admitted it openly. But they won’t testify.”

“Can’t you subpoena them and make them testify?”

Ross shook his head definitively.

“No. If we have to put Coughlin on the stand, we’ll have one hostile witness. If all our witnesses were hostile we wouldn’t have a prayer with a jury no matter what we dragged out of them.”

“Mike Gunnerson was with you when you talked to Bukvic and Jennings,” Steve said. “Couldn’t you put Mike on the stand?”

“All that would do would be to ruin Mike as a private investigator without helping us a bit. With the relationship between my firm and his for the past years, Gorman would tear him apart. Not to mention that Bukvic would never talk to him again.”

“So what do we do?”

“I don’t know.” Ross bit his lip. “And Grace Melisi dead... Although she wouldn’t have testified if she weren’t.”

“Why not?” Sharon asked. “After all, even if she admitted taking part in a swindle eight years ago, the statute of limitations would have handled that. She couldn’t be charged.”

“Not on the swindle charge,” Ross said, “but the indictment here is murder, and she would have to admit handing the murder weapon to Billy. I doubt she’d do it. Anyway, she is dead, and we’re just wasting time.”

Steve said, “Maybe the sister — Anne Melisi — might know something when you locate her.”

“If Grace Melisi didn’t put it in writing — and I’m sure she wouldn’t have — then we wouldn’t be able to use it as evidence, anyway.” Ross shook his head. “Besides, we always come back to that damned pistol. Even if Marshall took it and gave it to somebody, who did he give it to?”

There were several moments of silence; then Steve spoke thoughtfully.

“I have an idea. What difference does it make about the gun? Suppose Billy admits he had the gun with him. Suppose he admits he was caught playing around with Neeley’s woman—”

“Neeley’s wife was in court,” Sharon pointed out. “Ex-wife, rather, and Dupaul denied it was her.”

“I said woman, not wife. Suppose we work on the basis that Neeley caught Billy with Neeley’s girlfriend, and in the argument Billy shot Neeley — no, in the struggle, Neeley got shot.” Steve began to warm to his defense. “That’s it. Neeley wouldn’t want to admit he couldn’t even go to the movies without his girlfriend putting out for a complete stranger; that’s why he made up that weird story about meeting Billy outside the bar. How’s that? On that basis couldn’t we still make a strong case for self-defense?”

“On that basis,” Ross said, “the first thing we would face is the fact that our client lied to the jury in his first trial. And the basis of our defense has been that he told the truth, the whole truth, and nothing but the truth. Once we tore the fabric of his veracity, we’d undermine ourselves completely. That’s out!”

There were several minutes of silence. Ross sighed and reached for the phone.

“Molly—”

“She isn’t in today,” a bright voice said. “Would you care to leave a message?”

“No, thank you,” Hank said hurriedly, and hung up. He reached for the outside phone on his desk, looking at Sharon sheepishly. “I forgot. Where did you get her, by the way? Woolworth’s?”

“You won’t think so when you get the bill,” Sharon said, grinning. “She just happens to be a blithe spirit.”

“So let Noel Coward keep her,” Ross said, and dialed a familiar number. It rang once and was picked up. “Mike?”

“Hi, Hank.”

“Hello, Mike. What’s new? Wait a minute — I’ll put you on conference. I’m here with Sharon and Steve. We’re up here with all the papers on the Dupaul case, trying to discover how to walk on water.”

Mike’s deep voice filled the room as Ross pressed the conference button on the telephone, switching it through the small conference box.

“With what I’ve got for you, Hank, my suggestion would be real tall stilts. Oh, yes, for whatever help it is, I may have been a bit hasty up there in Albany yesterday—”

Steve leaned forward. “You mean, Grace Melisi isn’t dead?”

“If she isn’t, she should sue,” Mike said, “because they buried her. No, I mean I talked to some of her friends at the sanitorium, who said she’d never married. Quigley’s man up there had a little more imagination — not to mention time — and he checked out her pastor. It seems Grace was married and then divorced.”

Ross sat erect, his eyes sharp. “Who to? And when? That could be our missing boyfriend! That could be damned important!”

“The pastor didn’t know. I’ve got people working on the records here as well as in Albany, but they could have gotten married anywhere. And without the man’s name, it’s one hell of a lot of work to find it. Even if it was here or in Albany, it would take days and days. Maybe weeks.”

“Mike, that could be the answer! And we don’t have weeks, damn it! You should know that!”

“I know it, Hank. We don’t know when she married, or where, or to whom. We’re doing the best we can.”

Ross brought himself under control. “I know you are, Mike. I’m sorry I blew. Anything else?”

“No, that’s it, so far.”

“Then I’ll let you get back to it. Thanks.”

Ross hung up and shook his head. Steve looked at him.

“So now what?”

“Well,” Hank said, “we’ve gone over your abstract of the transcript in as much detail as we can. Once more and I’ll throw the damn thing out the window. Let’s hear that tape of Billy in the Tombs again, just for luck.”

“Right,” Sharon said. She slipped the casette into the recorder and pressed the start button. Ross leaned back in his swivel chair, weariness gripping him, idly letting the chair swing from side to side, his hand on his brow, his head bent, his eyes closed, listening. The tape wound through. Ross heard his own voice.

“...Jim Marshall had access to that gun? He also probably had access to the mate to it in Queensbury—”

“Hold it!” Ross was sitting erect, his weariness put aside. Sharon punched the stop button on the recorder, looking at Ross in surprise. “Go back a bit,” Ross said tersely. “Go back and take it over.”

Sharon obediently reversed the tape for several seconds, and then replayed it. Ross was leaning forward, his eyes gleaming excitedly.

“I’m stupid!” he said to himself. “Dumb, dumb, dumb! I wonder...” He frowned in silent thought for several minutes, while the tape droned on. Sharon turned it off; Hank Ross made no objection. It was doubtful if he even realized the sound had stopped. Sharon and Steve, both mystified but recognizing the mood, remained silent. “Well, at least it’s a chance,” Ross said, more to himself than to the others. His voice strengthened. “Steve, do you still have that picture of Billy Dupaul signing that contract?”

“Sure,” Steve said, puzzled, and dug it from his papers. He shoved it across the desk, and put his glasses back in place. “But what—?”

“Later,” Ross said tersely, and studied the glossy photograph closely. Suddenly he grinned, a happy grin, and reached for the phone, dialing. “Bingo,” he said under his voice, and added, “maybe...”

Mike Gunnerson answered.

“Mike,” Ross said without preliminaries, “would it help you in your search for Grace Melisi’s long-lost husband if I gave you a name as a possible candidate?”

“You’re damn right!” Mike said. “Who?”

Ross looked up. Both Sharon and Steve were hanging on every word. He grinned.

“I’ll put it in a sealed envelope and send it right down to you,” he said. “If I’m wrong, I wouldn’t want to lose the respect of my staff...”

Chapter 15

The final juror had been seated; the Clerk of the Court had droned out his monotoned charge. Judge Waxler indicated he was waiting. Paul Varick came to his feet confidently, looked first at the judge and then at the jury. The jury looked back expressionlessly.

“May it please Your Honor, Mr. Foreman, ladies and gentlemen of the jury,” Varick began, “As you know, at this time it is customary for me as the prosecutor in this case to make what is known as an opening statement. The purpose of an opening statement is to give you a bird’s-eye view of the evidence that will be presented from the witness stand in order that you might more easily follow the evidence as it unfolds. Frequently we have to introduce evidence in piecemeal fashion, and the opening statement helps you tie it together. I also want you to know that everything given in an opening statement is what the prosecution expects to prove.”

He raised the sheet of paper in his hand for reference, glanced at it, and brought it down. It was a move to focus the attention of the jury; Varick knew his opening statement by heart.

“The prosecution will prove that on July 25, 1964, one Raymond Neeley, the deceased in this case, was passing a bar here in the Borough of Manhattan known as the Mountain Top Bar, when the defendant came staggering out and grabbed him and said, in essence, ‘This is a miserable, stinking town, they won’t even sell a guy a drink.’ The deceased, a compassionate man, felt sorry for what appeared to him to be merely a big kid, and said, in effect, ‘Look, you’re not in very good shape; why don’t you come up to my place and have some coffee and you’ll feel better.’ The defendant replied that that wasn’t a bad idea, and the deceased, Raymond Neeley, together with the defendant, then walked to the apartment on West Sixtieth Street where Neeley lived.

“When they arrived there, Raymond Neeley, the deceased, went into the kitchen and put on some coffee. When he came back he saw that the defendant had gone into the bedroom, taken off his jacket, tie and shoes, and stretched out on the bed and fallen asleep. Mr. Neeley woke the defendant and said the coffee was ready, and the defendant said he didn’t want coffee, he wanted a drink. The deceased, aware that the defendant had had too much to drink as it was, claimed there was no liquor in the apartment, at which the defendant became very abusive and called him obscene names. The deceased then said, in essence, ‘If you don’t behave yourself I’ll call the police.’ At that point the defendant became violently abusive and started to tear the place apart, ripping the bedclothes from the bed, and so forth. The deceased, Mr. Neeley, then grappled with the defendant and tried to force him from the apartment. The defendant pulled a gun, shoved Mr. Neeley away from him, and said, ‘Do I get liquor or do you get shot?’ or words to that effect. When Mr. Neeley still insisted there was no liquor in the apartment, the defendant then said, ‘I’ll find it easier with you out of the way’ and deliberately proceeded to shoot Raymond Neeley in cold blood.

“The victim ended up in Wickersham Hospital suffering severe gunshot wounds of the face and head. The People will call the Assistant Medical Examiner of New York County who will describe to you in detail the cause of death of the victim in this case, that cause being the gunshot wounds perpetrated by the defendant on the twenty-fifth of July in the year 1964.

“The prosecution would like to point out to the jury at this time — although the judge will undoubtedly do so in his charge to the jury — that the fact that eight years passed between the assault and the death of the victim does not in any way affect the charge of murder. There is no statute of limitations on murder, and had Raymond Neeley died as a result of that gunshot wound twenty, thirty, or even forty years later, the charge would remain the same.

“Ladies and gentlemen, after you hear all the evidence in this case, you can only come to one conclusion: that the prosecution has proven beyond a reasonable doubt that the defendant committed premeditated murder in cold blood, and accordingly the prosecution will ask you to render the only possible verdict under the law: ‘Guilty of murder in the first degree.’

“Thank you very much.”

Varick walked over and sat down. The silence that had attended his statement was broken by the rustle of bodies assuming more comfortable positions in their chairs. Judge Waxler turned toward the defense table.

“Mr. Ross, would you care to make an opening statement?”

Ross came to his feet and nodded.

“A very short one, Your Honor. May it please Your Honor, Mr. Foreman, ladies and gentlemen of the jury: You have just heard a very dramatic presentation of what the prosecution claims happened on a certain night eight years ago. However, the prosecutor wasn’t there at the time, any more than I was. He was not a witness.”

A brief titter swept the room, instantly stilled. Ross did not smile.

“Ladies and gentlemen, the only evidence the jury is permitted to believe is the proven and believable evidence that comes from the witness stand, and that evidence, I maintain, will demonstrate a completely different set of circumstances from that which the prosecution has so imaginatively described.

“The evidence in this case will show as follows: that the accused, Billy Dupaul, was the victim of a swindle scheme, and that in the course of the perpetration of this swindle, one of the swindlers suffered an accidental wound and eventually died from it.

“The defense is prepared to prove that Billy Dupaul was handed a gun and told to shoot to defend his own life as well as that of a companion, and under the extremely extenuating circumstances that prevailed, did, indeed, pull the trigger. We do not deny that Billy was guilty of folly, of extremely poor judgment in going into a bar, getting drunk, and allowing himself to be picked up by a woman in this state, nor do we deny it was extremely naive of Billy not to have realized he was the intended victim of a swindle, but if poor judgment or naïveté were a crime, there would be few of us free to be here and involve ourselves in this trial today. It must also be remembered, ladies and gentlemen, that at the time of these events, Billy Dupaul was barely nineteen years of age, with little experience of life, and no experience of liquor at all.

“Thank you, ladies and gentlemen.”

Ross sat down and the shifting of bodies repeated itself. In the press box reporters exchanged glances; the charge of swindle was a new aspect. They settled down to what they were sure would be an interesting trial, as all those of Ross were. At the prosecution table Gorman was looking confident, not put off at all by the opening statement of the defense; he expected almost anything from Ross, and especially when he knew Ross was in a bind, as he was in this case. Paul Varick shuffled his notes, checked them one last time, and rose.

“For our first witness, we call Joseph Paretta.”

Paretta, a dapper little man, took the stand and was sworn in. From his cool and collected manner it was evident that he was not on the witness stand for the first time. Varick moved forward.

“What is your name?”

“Joseph Paretta.”

“What is your business or occupation?”

“I’m a stenotypist. A court reporter.”

“By whom are you employed?”

“I’m employed by the New York Supreme Court.”

“Were you employed by the New York Supreme Court as a court reporter on November fourteenth to November twenty-seventh of the year 1964?”

“I was.”

“Did you attend and take the minutes of the proceedings of the trial of the People of the State of New York against William Dupaul, Indictment Number 1263 of the year 1964?”

“I did.”

“I show you this transcript of the testimony of that trial. Is this a true and accurate transcript of that testimony, recorded by you in stenotype and later transcribed?”

The dapper man took the file handed him, checked his initials on the corner of each sheet while the courtroom waited, and then started to hand it back.

“Yes, sir. It is.”

“Mr. Paretta, please keep the transcript. Now, will you read the testimony of Raymond Neeley, beginning at the top of page 63 of that transcript?”

Paretta pulled the thick sheaf of papers back into his lap, riffled through the pages to the one requested, cleared his throat and began to read.

Q: Where did you first meet the defendant?

A: I was on my way home from a movie and I was passing this bar when the door opened and this man — the defendant — staggered out and grabbed my arm. He started to fall but I managed to help him keep his balance, but instead of thanking me, he started to swear. He said, “What a goddam crummy town, a guy can’t even get a lousy goddam drink—”

Paretta’s voice droned on, emotionless, avoiding with professional skill any dramatizing or editorializing through intonation. Billy Dupaul, his face a mask, slouched in his chair and stared at the floor. Steve Sadler was listening interestedly, as if he had not read the same testimony time after time. Ross watched the jury quite casually. The twelve people in the box seemed enthralled by the testimony.

The reading continued page after page, the only sounds in the silent courtroom other than Paretta’s even voice an occasional cough and the crackle of paper as Paretta turned the pages. The testimony followed Varick’s opening statement almost word for word. Paretta turned the final page of Neeley’s testimony. He read:

Q: What did he say then?

A: He said, “I’ll find it easier with you out of the way.” And then he shot me, and I woke up in the hospital.

Paretta stopped, looking at Varick. “Do you want me to read more?”

“That’s enough, thank you,” Varick said. He turned toward the defense table. “Cross-examination.”

“Thank you,” Ross said, and came to his feet. He walked over and stationed himself before the court reporter.

“Mr. Paretta, while you are still on the stand, will you please turn to page 116 of the transcript? Thank you. Now, would you please start reading beginning on line five?”

Paretta dutifully found the place, cleared his throat, and began.

Q: What happened then?

A: I remember feeling dizzy and sick to my stomach and mad at myself because this dame had taken her own clothes off, too, and she was really built, and she was rubbing up against me and her hands were all over and I knew damn well I couldn’t do a damn thing all drunk and dizzy like that, and then all of a sudden she makes this funny noise—

Q: What do you mean by “funny” noise?

A: I mean before she was all sexy, but now she sounded sort of scared, and she pulls me around and there’s this guy in the doorway and he’s got this suitcase in his hand and he stares at us on the bed and of course it’s too late to try and duck under the covers, and then he starts to swear and he drops the suitcase and runs over to the dresser like a crazy man and starts digging in one of the drawers, cussing all the time, not loud, but crazy like—

Q: What were you doing during this time?

A: I was froze, that’s all — froze, wishing I was a jillion miles away, wondering if it was real or was I dreaming it.

Q: And then what happened?

A: Then I remember he turns around from the dresser and he’s got this gun in his hand and it’s a big bastard, looks like it’s all barrel from where I sit, like looking down a tunnel, and then this dame is shoving something in my hand I can tell is a gun, but what do I care? It’s protection, that’s all I care about, and this guy starts to bring his gun up — and I shot first, that’s all. It was self-defense. He was going to kill us both, only I shot first.

Q: In self-defense...?

A: Yes, sir, What else? I never saw the man before in my life. What reason would I have to shoot a stranger?

Q: And then what happened?

A: The man fell down and he was bleeding real bad from the mouth and that’s when I really started to feel sick to my stomach and I got off the bed and tried to find the bathroom but I just about made it to the kitchen, because I remembering leaning on the stove and heaving into the sink and I didn’t think I was ever going to stop but at least getting that booze out of me sobered me up a bit. And after that I went back into the bedroom and the man was still lying on the floor bleeding. I sure didn’t want to go back in there, but my clothes were in there.

Q: When you went back into the bedroom, did you notice if the man was still holding his gun? You recall the prosecution made quite a point of the gun not being there when the police arrived.

A: I didn’t even look. Maybe the woman — Grace — took it.

Q: The woman, then, was also gone?

A: Long gone, but I got nothing against her getting out of there; it was smart. I guess while I was throwing up she just pulled on her dress and beat it.

Q: What did you do then?

A: I started to get out of there in a hurry. I didn’t even finish dressing. I grabbed my shoes and jacket and tie and started out, but I guess I took so long getting sick or pulling on my shirt and pants or something that when I was coming into the lobby — I ran down the stairs instead of taking the elevator — the cops were coming in the front door. I guess maybe one of the neighbors called in on account of the shot. It was a hot night and the windows were open. I guess that’s how they heard.

Paretta paused, looking up. Ross nodded.

“That’s enough, thank you.” He turned. “I’m finished with the witness.”

“But I’m not.” Varick had come to his feet. He approached the witness stand. “Mr. Paretta, in that trial, the transcript of which you have in your hand and from which you have been reading, after the jury heard all the evidence, what verdict did they bring in?”

“Objection,” Ross said smoothly. “If the prosecution remembers the motions and proceedings before trial, the judgment in that trial was set aside. Legally, it does not exist.”

“Wait a second,” Gorman began, starting to rise. One glare from Judge Waxler and he subsided.

“Objection sustained.”

Varick turned back to the witness.

“Mr. Paretta, tell me: In all the testimony of that transcript, either of the defense or of the prosecution, is the word ‘swindle’ mentioned once?”

“No, sir.”

“Do you recall any synonym for the word ‘swindle,’ or any phrase that could be considered to have the same meaning as the word ‘swindle’ appearing anywhere in the testimony?”

“No, sir.”

“Thank you. That’s all. You’re excused.” Mr. Paretta stepped down as Varick turned. “My next witness is Dr. Edward Hamilton of the Medical Examiner’s office.”

He walked back to the prosecution table and studied a sheet of paper while the doctor mounted the stand and was sworn in. Varick moved to the witness stand, paused, and then swung to face Ross.

“The prosecution is prepared to qualify my witness as an expert if the defense insists, but to save time would my learned adversary concede the qualifications of Dr. Hamilton?”

Ross said calmly, “The defense will concede that Dr. Hamilton is an extremely qualified forensic pathologist.”

“Thank you,” Varick said with a touch of sarcasm and turned to face the witness as a ripple of smiles in the courtroom disappeared beneath Judge Waxler’s look. “Dr. Hamilton, on the thirtieth day of September in this year, did you examine the body of a deceased male, Raymond Neeley?”

“I did.”

“Where did this examination take place?”

“At the New York Medical Examiner’s office, at the Bellevue Hospital morgue.”

“Before you go into the details of that examination, Doctor, could you tell us how the body came to be delivered to the Bellevue Hospital morgue? And how identification was made?”

“The deceased had been hospitalized at Wickersham Hospital with what he claimed were recurring and increasingly severe headaches, and died there. The deceased had been a patient of the hospital eight years before, suffering from gunshot wounds, and the autopsy was requested by his physician to determine if those gunshot wounds could have been responsible for his death. As for his identity, his physician vouched for it, and his fingerprints are on record with the police department, who verified them for identification.”

“Thank you,” Varick said. “Now, as to your examination, would you tell us of your procedure and results?”

Dr. Hamilton’s attitude, like that of Mr. Paretta, was completely relaxed, also the result of having testified in court many times. He brought forth his glasses, carefully polished them and put them on, and then reached into his pocket for the autopsy report. He glanced at it and then looked up.

“I did a customary post-mortem examination which is called an autopsy. The body was that of a well-developed Caucasian male weighing one hundred eighty-five pounds and measuring five feet nine inches in height. The hair on the head was black. The body below the neck had no scars or tattoos. There was a severe scarring on the lower right cheek, the result, according to the Wickersham Hospital records, of a gunshot wound suffered eight years before. The scarring was entirely consistent with these records.

“The body was opened through a Y-shaped incision. The lower—”

Varick interrupted smoothly.

“Doctor, I have seen a copy of the autopsy report, and a copy has also been furnished to the defense. To save the jury from details which have nothing to do with the case, could I put this question to you: In examining the other organs, other than the brain, did you find any evidence of disease or trauma that could possibly have caused death?”

“No, sir.”

“Were the organs in a condition consistent with a man of Mr. Neeley’s age?”

“They were.”

“Thank you, Doctor. Now, could you come to the point and tell us the cause of death?”

Dr. Hamilton looked up from the written autopsy report.

“It was the finding of the post-mortem examination that death was caused by the presence of a lead fragment having worked its way into contact with the frontal lobe of the brain during a period of time, that lead fragment being the result of a previous gunshot wound.”

There were several moments of silence when the doctor finished speaking. Varick nodded slowly, allowing the words to sink into the jury; when he spoke his voice was respectful, almost reverent.

“Thank you, Doctor.” He turned to Ross, his whole attitude challenging the defense to fault the testimony.

Steve Sadler smiled at Ross. “Go get him, boss!”

Ross squeezed Steve’s shoulder as he rose and faced the bench.

“No questions.”

Judge Waxler’s eyebrows went up. The startled expression on the faces of both Gorman and Varick were nothing compared to the look of utter incredulity on Steve Sadler’s face. He bent over, whispering furiously as Ross sat down.

“Damn it, Hank! You could have created tons of doubt in the minds of the jury! How often have they done an autopsy on a man eight years after he was shot? What happened to all those lovely questions we formulated yesterday before you got that hot flash about Grace Melisi’s husband?”

“I changed my mind,” Ross said in a low voice, his eyes crinkled in a slight smile. “It would have been a smoke screen, and while I’ve got nothing against smoke screens, it’s not what we need as a weapon right now.”

“Then what do we need?”

Ross glanced at his wristwatch.

“To hear from Mike Gunnerson,” he said shortly, and returned his attention to the trial. During their whispered conversation a stocky, plainly dressed man had taken the stand and been sworn in. Varick stood before him.

“Please state your name, shield number, and assignment.”

“I am Detective Martin Schwab, shield number 879, assigned to the twentieth precinct here in Manhattan.”

“On July 25, 1964, were you working for the police department of New York?”

“I was.”

“What was your assignment then?”

“I was a uniformed police officer assigned to radio motor patrol number 2641, assigned to Sector Adam.”

“On that date were you involved in the arrest of the defendant?”

“I was the arresting officer.”

“Will you describe the circumstances surrounding the arrest?”

“We — my partner and I — were called on the car radio and told to investigate an alleged shooting at apartment six, 453 West Sixtieth Street. We proceeded there. When we arrived a man, the defendant, was running from the lobby of the building. We apprehended him and returned him to the sixth floor where my partner held him while I investigated. The door of apartment six was open. Inside I found a man on the bedroom floor suffering from a gunshot wound to the face. My partner went downstairs to call an ambulance on the radio while I stayed and did what I could to stop the bleeding.”

“This wounded man was Raymond Neeley?”

“Yes, sir.”

“Did Mr. Neeley make any statement in your presence?”

“No, sir. He was unconscious.”

“Did you find the weapon used in the shooting?”

“Yes, sir. It was a twenty-two caliber S&W target pistol.”

“Did you find any other gun on the premises?”

“No, sir.”

“How thoroughly did you search for a second weapon?”

“The suspect told us the other man had pulled a gun on him and he had fired in self-defense, so we searched very thoroughly, even before the ambulance came. And then, after we had booked the defendant, we returned and did an even more thorough search, because the defendant also told us of a suitcase—”

“We’ve already heard the testimony of the defendant,” Varick said, interrupting. “You never found the second gun?”

“No, sir.”

“Nor the suitcase?”

“No, sir.”

“While you and the police officer with you were seeing that the wounded man was sent off in the ambulance, and while you were booking the suspect at the precinct, was it possible that someone might have entered the apartment and removed this alleged suitcase, say, or the alleged revolver?”

“No, sir. I remained in the apartment with the suspect while my partner helped the ambulance attendants with the wounded man. Then we sealed the apartment when we removed the suspect to book him. When we returned to continue our search, the seals were intact.”

“These were standard police-department seals used for this purpose all the time?”

“Yes, sir.”

“Good. Now, regarding this gun, this twenty-two caliber weapon, we have heard testimony from the trial transcript here today that indicated the defendant claimed he was in the apartment with a woman and that this woman gave him the gun and told him to fire it in self-defense. Did you find any woman on the premises?”

“No, sir.”

“Did you find any sign that a woman had been there and had vacated the premises within a short period of time of the shooting?”

“No, sir. We found no evidence that a woman had been there at all.”

“I see. Now,” Varick said, “was this gun this unknown woman supposedly handed the defendant ever identified as to ownership? This twenty-two caliber pistol that was used to shoot Raymond Neeley?” He glanced over toward the defense table and said, “If the defense objects to this witness presenting the facts, I can easily have Mr. Paretta return and read them from the transcript.”

Ross tipped his head politely. “No objection.”

Detective Schwab said, “The twenty-two caliber weapon used in the shooting was identified as a weapon belonging to the suspect himself.”

Varick smiled, a triumphant smile.

“No more questions. Your witness for cross-examination, Counselor.”

Ross started to rise and then paused at a slight disturbance at the rear door of the courtroom. Sharon McCloud was hurrying down the aisle. She leaned over to speak to Ross in a low tone.

“Mike Gunnerson said you’re just plain lucky...”

She handed him a sealed envelope. Ross tore it open and read the brief note inside with a smile. Judge Waxler tapped his gavel to get Ross’s attention, and then tapped it a bit harder. Ross looked up.

“Mr. Ross,” Judge Waxler said with a bit of sympathy — as far as he could see, the defense was in trouble — “if the defense would care for a recess until tomorrow morning, it is now after four o’clock and the court is prepared to entertain such a request.”

Ross came to his feet. “Thank you, Your Honor, but the defense is prepared to continue at this time.”

“Very well, if that is your wish. You may cross-examine then.”

“No questions, Detective Schwab. You may stand down.”

Steve Sadler stared at him with an amazement approaching shock.

“Hank, that’s twice! What is this? You could have taken him apart! The apartment was empty when they came and the door was open; anyone could have been in there! And what kind of a search do you think they could have done waiting for the ambulance, and trying to keep Neeley from bleeding to death? A very thorough search, he said! You could have—”

Hank Ross grinned. “Patience, Steve. Patience.”

Gorman and Varick, equally startled, were in conference, but it did not last long. Judge Waxler’s gavel tapped again.

“Mr. Varick, we have another half hour if you care to use it. Are you prepared to call your next witness?”

“Your Honor, Detective Schwab was my last witness,” Varick said, and glared across the room at Ross with suspicion. Ross was up to something, he was sure, but he could not imagine what it could possibly be; he knew the prosecution had done a good job. Paul Varick sighed. “The People rest.”

Judge Waxler looked from the prosecution table to the defense table and raised his gavel.

“Court is adjourned!”

Chapter 16

Judge Waxler had ascended the bench and settled himself; the spectators had squirmed themselves into relative comfort and the Press had completed the betting that was normal among reporters on an interesting trial. Despite Ross’s reputation, the odds were strongly against Dupaul. Hank Ross came to his feet; on the table beside him was a thick folder of information miraculously procured by Mike Gunnerson and an army of agents in a matter of less than twenty hours.

“The defense calls its first witness: William Dupaul.”

Billy Dupaul rose and crossed the room under the curious eyes of everyone in the courtroom. He sat down in the witness chair, slouching a bit, and was sworn in while Ross waited patiently. Ross then moved forward.

“What is your full name?”

“William Emerich Dupaul.”

“What is your business or occupation?”

There was a small gasp of surprise from everyone in the courtroom; Billy Dupaul’s history was only too well known. Judge Waxler looked down disapprovingly, as if suspecting levity, but Ross’s face was calm. At the prosecution table both Gorman and Varick were studying the defense counsel with suspicion. Billy Dupaul’s face was unconcerned. Ross waited until the small disturbance had quieted itself.

“Mr. Dupaul, the question was: What is your business or occupation?”

“At present I’m unemployed.”

“I see. The last time you were employed — gainfully employed, that is — what did you do?”

“I was a baseball player.”

“A professional baseball player?”

“Yes, sir.”

“What position did you play?”

“I was a pitcher.”

“Since the time when you were employed as a professional baseball player, have you played any — shall we say — amateur baseball?”

“Yes, sir.”

“When was the last time you played in an amateur game?”

“A week ago Thursday.”

“You pitched in that amateur game?”

“Yes, sir.”

Ross nodded to him pleasantly. “Thank you, Mr. Dupaul. That’s all. I have no more questions.” He turned to Varick, nodding pleasantly. “Mr. District Attorney, you may cross-examine.”

This time the surprise of the spectators took the form of a loud buzz that swept the courtroom. Judge Waxler’s gavel came down several times before the sound level in the room reduced itself to his satisfaction. The reporters in the press box were scribbling furiously. Varick came to his feet, smiling confidently for the benefit of the jury, but behind the façade of assurance was a complete lack of understanding as to why Ross should have handed him his case on a platter. Still, he intended to follow his pretrial plan before testing the gift that had been presented to him by Ross’s direct examination.

“Your Honor,” he said, “the prosecution, frankly, is rather surprised by Mr. Ross’s brief and rather unusual direct examination. We had expected the direct examination to take at least several hours. The prosecution is at a loss to know what Mr. Ross has in mind, but yes; we are certainly not only anxious to cross-examine, but quite prepared.”

He smiled at the jury and turned to the witness.

“Mr. Dupaul, we will get around to your baseball career in a little while, but first a few questions regarding the crime on which you are charged. First, in your testimony you claim that on the night of July 25, 1964, you were in a bar with a woman, but that nobody — among the customers or the bartenders — saw you two together. Is that true?”

“Yes, but I—”

“Unless a more detailed answer is indicated by a question, please just answer ‘yes’ or ‘no.’ Now, you further claim that you went to the Neeley apartment with this woman in a cab, but no cab was ever located that made that trip. Is that true?”

“Yes, but—”

“Please. You further claim that Raymond Neeley appeared in the doorway with a suitcase, but that suitcase was never found. Is that true?”

“Yes.”

“You further claim that Raymond Neeley drew a gun, but that gun was never found by the police. Is that true?”

“Yes.”

“In fact, the only gun that was found was the gun you used. And that gun belonged to you. Is that true?”

“Yes.”

“You were very drunk that night, weren’t you?”

“Yes.”

“Tell me,” Varick said smoothly, “have you ever taken drugs?”

“Me?” For the first time Billy Dupaul was startled out of his calm. “Never!”

“Heroin?”

“I said, never!”

“LSD?”

“I said—”

“In high school did you ever try pot? Marijuana?”

Billy Dupaul hesitated. He looked over toward the defense table, but Ross was calmly cleaning his fingernails with a file, his eyes on his task. Billy looked up.

“Well, maybe in high school I did smoke a stick or two, but all the gang was doing it—”

“Did you ever take sleeping pills?”

“Well, sure — sometimes.”

“Prescription pills?”

“I don’t remember. Pills from a drugstore, generally, the ones you don’t need prescriptions for. But I never took them very often. Just when I got worked up, sometimes.”

“Like after signing a contract for a fortune in money?” Varick didn’t wait for an answer but went right on. “Mr. Dupaul, are you aware of the effect of alcohol on a person who has taken certain drugs? They induce a euphoria, a dreamlike state where hallucinations are common—”

“Objection,” Ross said mildly, looking up from his nails. “The prosecution has failed to qualify himself as a medical internist.”

There was a ripple of laughter in the courtroom, instantly stilled.

“Sustained.”

Varick continued as if he had heard neither the objection nor the sustentation.

“Are you aware that under the influence of this combination, a person’s subconscious tendency for violence often comes to the surface and he—”

“Objection,” Ross said in the same even tone. “The prosecution has similarly failed to qualify as a psychiatrist.”

“Sustained.”

Varick was not at all disturbed by the decision. He went on.

“Mr. Dupaul, I want you to know that acts performed under the influence of drugs, alcohol, or a combination of both; or acts performed under a hallucination, do not relieve a person of the full responsibility for any crime committed—”

“Objection,” Ross said. “Now the prosecutor is trying to qualify as a lawyer.”

Laughter swept the courtroom. Repeated pounding of the gavel was necessary to finally bring it under control. Judge Waxler glared at both Varick and Ross.

“The objection is sustained,” he said. “I must warn both defense counsel and the District Attorney on both their questions and their comments. Mr. District Attorney, you may continue, but I suggest a different line of questioning.”

“Yes, Your Honor,” Varick said meekly, but it was easily seen he was pleased with himself. At the prosecution table Gorman was grinning openly. Varick turned back to the witness.

“Mr. Dupaul, the defense mentioned baseball. Let’s touch on that a moment. You say you pitched in a baseball game within the past few days — a week ago last Thursday, to be exact. Where did this baseball game take place?”

“At Attica Prison.”

“What were you doing at Attica Prison? Were you visiting the prison?”

“I was an inmate there.”

Judge Waxler glanced quickly at the defense table, expecting — and prepared to sustain — an instant objection, but Ross was sitting back in his chair comfortably, apparently listening with mild interest at best, now filing a rough edge from one nail. Varick had paused momentarily, also expecting a prompt objection; when none was forthcoming he quickly took advantage of the lapse on his opponent’s part and hurried on.

“Mr. Dupaul, how long were you an inmate at Attica Prison?”

“Which time? The first time or the second time?”

It was too much for Judge Waxler. He rapped his gavel to stop Varick for the moment and leaned over the bench, frowning down at Ross.

“Mr. Ross,” he said. “Are you with us? Did you hear the question?”

Ross looked up, as if surprised at being interrupted. “Yes, Your Honor. I heard the question.”

“And you have no objection?”

“No, Your Honor. After all,” Ross said sententiously, “we are all here to see justice done, and I’m sure my opponent would not ask questions that were not directed to that end.”

Judge Waxler studied the calm figure at the defense bench. His eyes went to Steve Sadler, beside Ross, but Steve was also sitting back in a relaxed fashion.

“Mr. Ross,” the judge said, “you’re too experienced a lawyer for me to suggest anything to you about handling the defense in a criminal case, but are you sure you heard the question?” A possible solution occurred to the judge. “Are you feeling well?”

Ross smiled his appreciation.

“I feel fine, Your Honor. Thank you.”

Judge Waxler sighed. “You may continue, Mr. District Attorney.”

Varick glanced toward Gorman; the Assistant District Attorney was no longer grinning. He was sure Ross had something up his sleeve, but he could not imagine what it was. All he knew was that Ross had opened the door on a good deal of testimony damaging to his client, and Gorman fully intended to take advantage of it. He nodded; Varick went back to work.

“Mr. Dupaul, how long were you an inmate at Attica Prison the second time?”

“Three years and ten months.”

“What were you in for?”

“Assault. I was in a fight.”

“Now,” Varick said, amazed at not being stopped, “while that baseball game was in progress, was there an escape attempt made on the part of several prisoners?”

“Yes, sir.”

“Were there any deaths as a result of this escape attempt?”

“Yes, sir. Two prisoners and a guard.”

“At the time of the escape attempt, was there not also a disturbance on the baseball field that brought many guards to the scene, and which could possibly have been arranged to enhance the escape attempt?”

Steve Sadler leaned over, whispering to Ross. “I was beginning to be afraid he’d never get to it!”

Ross smiled, “So was I—”

Judge Waxler tapped his gavel. “Mr. Ross, are you listening to this testimony?”

“I am, Your Honor.”

Varick hurried on. “Would you answer the question, please?”

“Yes, sir. There was a disturbance on the field at the time.”

“And was that disturbance caused by the fact that you purposely pitched four balls in a row, walking the batter, and giving your fellow inmates watching the game an excuse to start the riot?”

This time Judge Waxler’s gavel hit the bench loud and clear. He looked down at Ross.

“Mr. Ross, normally I hesitate to suggest to able trial counsel what, tactically, is best for his client, but I have a responsibility to see that the accused gets a fair trial and is given effective assistance of counsel. Now, I’m going to ask you one last time — are you positive you have no objections to the questions being put to this witness?”

Ross came to his feet.

“Your Honor, I agree. I believe the last question of the prosecution was not proper. Objection.”

“Well! About time!” Judge Waxler snapped. “Sustained!”

Varick nodded gently in the direction of the jury, a glint of triumph in his eyes.

“No more questions.”

Ross said, “I have just one in redirect. Mr. Dupaul, during this baseball game we’re discussing, were there any independent witnesses as to what actually took place. I mean, anyone not connected with the prison, either as inmate or staff?”

“There was somebody in the press box,” Dupaul said slowly, “but I didn’t pay any attention to who it was. It may have been a guard, but it might also have been someone not connected with the prison.”

“Thank you. You may step down.”

Billy Dupaul came down from the witness stand and walked a bit defiantly back to the defense table, sitting down next to Steve Sadler. His face was a mask. The buzzing in the courtroom resumed, to stop as Ross spoke.

“I call my next witness, Jerry Coughlin.”

Coughlin came into the courtroom glowering toward Ross, who was standing indolently between the defense table and the bench. Every line of the newspaperman’s wolfish face demonstrated his desire for revenge. Ross waited until Coughlin had been sworn in, and then moved closer.

“What is you name?”

“Jerome Coughlin.”

“Known as Jerry Coughlin?”

“That’s right.”

“What is your business or occupation?”

“I’m a newspaper reporter.”

“Specializing in sports?”

“Specializing in everything.”

“All right,” Ross said. “Now, were you present at a baseball game held at Attica Prison a week ago last Thursday?”

Coughlin leaned forward. He spoke with cold venom.

“You can bet I was! And I saw Billy Dupaul—”

“Just answer the questions, please,” Ross interrupted evenly. “I can have his honor instruct you to answer properly, if need be. With all your courtroom experience, you should know you cannot volunteer answers. Now, to continue: Are you acquainted with Mr. Charles Quirt?”

Coughlin seemed surprised by the change in subject. “Only by name.”

Ross raised his eyebrows.

“You were never in the same room with him?”

“Not that I recall.”

“Try your memory on this,” Ross said. “A week ago Friday, you by-lined a story in the Daily Mirror which said I was defending Billy Dupaul. The information came from Mr. Charles Quirt—”

Varick had been in a hasty conference with Gorman. Now he came to his feet, interrupting.

“Objection! Your Honor, the People object to this line of questioning as being irrelevant and immaterial. We fail to see what Mr. Ross’s press coverage has to do with the indictment on which this trial is being held.”

“Mr. Varick,” Judge Waxler said, leaning over, “it was the prosecution who opened the door to the presence of this witness, by bringing up the matter of the disturbance on the baseball field at Attica State Prison.”

“Your Honor,” Varick objected, “it was the defense who brought up the baseball game at Attica—”

“The prosecution has a remarkably short memory,” Judge Waxler said tartly. “Mr. Ross mentioned that Mr. Dupaul played baseball. The entire matter of Attica Prison and the disturbance there was raised by the prosecution. It was you who opened the door. I’m far from certain that it was either relevant or proper at the time, but you were the one who raised the issue, and Mr. Ross can certainly question a witness to the event.”

“All right,” Varick said desperately, “we admit to having asked questions on the matter of Attica and the game, but we didn’t open the door to discussions regarding issues unrelated to the matter, such as newspaper articles covering Mr. Ross’s law practice!”

Judge Waxler considered Varick a moment, and then slowly shook his head.

“We’ll see,” he said. “If I consider the testimony irrelevant or remote, I will entertain a motion to strike, but I have serious doubt that I will grant such a motion. Proceed Mr. Ross.”

Coughlin cut in.

“As far as that article, Counselor,” he said, his voice emphasizing the title with sarcasm, “sure I was in Quirt’s office, but so were other news reporters. I thought you meant alone.”

“Were you ever in a room with him at any other time, alone or not?”

“No.”

Ross walked back to the defense table and opened the folder Mike had given him. On top lay an affidavit signed by the prison guard confessing to having been bribed by the convicts to make the call of four balls. Ross laid it aside; if Billy was ever bothered on that score he would need it. Right now he was after bigger fish. He found what he wanted, finally, not in Gunnerson’s folder, but in Steve Sadler’s, and walked back to the witness.

“How about this occasion?” Ross asked, and handed over a photograph. “For your information, Mr. Coughlin, this is a glossy enlargement of a picture that appeared in the New York Daily News on July 21, 1964. It shows Billy Dupaul signing the contract with the Mets, with Charles Quirt behind him. You are here, to one side. Isn’t that you?”

Coughlin took the picture and studied it. “I remember. So I was wrong. So what?”

“So nothing,” Ross said, “for the time being. Put it that I was testing your credibility. Now, Mr. Coughlin, what newspaper were you working for when you covered that contract signing?”

“I wasn’t working for any. I wasn’t covering it. A guy I knew was going over to cover it and I went along.”

“You mean you were free-loading, is that it?”

Coughlin glared at him. “So what’s wrong with getting a few sandwiches and a couple of drinks on the cuff? You never done it?”

“On occasion,” Ross admitted. His voice was tinged sympathetic. “You were broke?”

“Flat broke, if it makes you happy!”

“I’m sorry to hear it,” Ross said, and changed the subject. “Tell me, Mr. Coughlin, didn’t you tell me once that you had seen Billy Dupaul pitch baseball many times?”

“That’s right,” Coughlin said, agreeably.

Ross looked a bit puzzled. “But it couldn’t have been with the Mets, could it? Because Billy was signed during season and never pitched a regular game for them. Where did you see him pitch?”

Coughlin hesitated. Then he said, “Up at Attica.”

“That’s strange,” Ross said, and then thought of something. “You were an inmate there?”

“Never!”

“Then it really is strange,” Ross said, “because Warden Chalmers tells us that the game you attended was the only one you had ever requested permission to cover. So where did you see all these games?”

Judge Waxler interrupted, peering coldly at the man in the witness box. “I should like to warn the witness,” he said, “that he is under oath. And I do not look on perjury kindly. You have already perjured yourself in saying you saw the defendant many times at Attica. One more example and you will be bound over as soon as you finish testifying. Now, answer the questions and answer them honestly. You may proceed, Mr. Ross.”

Ross nodded and returned to Coughlin. “So, where did you see Billy pitch ‘many times’?”

Coughlin looked as if he were going to be stubborn about it. His skinny hands wrapped up in each other; they looked like a bundle of twine. “All right,” he said at last, “so I saw the kid pitch up in Glens Falls. What’s your point?”

“At the time you were a reporter on the Glens Falls Herald, weren’t you?”

“That’s right. Is that a crime, too?”

Judge Waxler’s gavel descended. “Mr. Coughlin, I shall not warn you again!”

Ross continued, unperturbed. “How many years were you a reporter on the Glens Falls paper?”

“Twenty-five years,” Coughlin said sullenly.

“You were retired from the paper?”

“That’s right.”

“On a pension?”

Coughlin scowled. “That’s my business.”

Ross said. “It might be ours. I have an affidavit here signed by the then-publisher, James Kimberly, stating that you retired May 14, 1964, on a pension amounting to sixty percent of your top salary. So how broke could you have been a mere two months later?”

Varick came to his feet, his voice weary.

“Really, Your Honor, the prosecution fails to see—”

“Overruled,” Judge Waxler said, before Varick could continue. He was watching the pale witness with narrowed eyes, a look of speculation in them. “Proceed, Mr. Ross, but try to connect fairly soon.”

“I intend to, Your Honor,” Ross said, and turned back to the witness. “Mr. Coughlin, let me put it that my last question was rhetorical. Let’s move on. While you were living and working in Glens Falls — the year 1942, to be exact — were you engaged to marry?”

Coughlin’s face was gray. His eyes came up, dark holes in his gaunt face.

“Is that another rhetorical question?”

“No,” Ross said quietly.

“In that case the answer is, no.”

“Do you know a Mrs. Gendreau?”

Coughlin frowned at the change in direction. “Sure. She was my landlady at that time.”

Varick came to his feet, shaking his head. “Your Honor, how far astray is Defense Counsel going to be allowed to take us? Now we’re involved in the love affairs of a reporter eight or nine years ago. Really, Your Honor...” He allowed his voice to trail away.

Judge Waxler looked at Ross. “Mr. Ross?”

“Your Honor,” Ross said, “I will connect up at this moment. I have an affidavit from this Mrs. Gendreau, as well as from Mr. Kimberly, stating that the witness was engaged to be married to a Miss Mary Emerich, the defendant’s mother. I intend to prove that this is an important fact in this trial.”

There was a stirring in the courtroom and a sharp gasp from the defense table. Billy Dupaul unconsciously started to rise, but Steve Sadler clamped a thin but strong hand on his knee. Billy subsided, his face white. Ross turned from the judge to face the witness, purposely keeping his back to his client.

“Well, Mr. Coughlin?”

Coughlin’s color was that of damp ashes: he looked faint. “It... it wasn’t anything official.”

“Still, what happened to that engagement?”

“She changed her mind, that’s all.”

“Oh. Still,” Ross went on, bending toward the witness a bit, while Judge Waxler watched closely, “in later years romance didn’t evade you so cruelly, did it?”

“I don’t know what you mean...”

“I mean that you were later married, were you not?”

Coughlin swallowed. He looked around, seeking some place to escape, and then came back to stare at Ross as if partially hypnotized. “I... I—”

“What’s the matter, Mr. Coughlin? Is there anything wrong with being married?”

“No. I—”

“Could you tell us the name of the lucky lady?” Ross went on, boring in.

“Her name—?”

“Was it a woman named Grace Melisi?”

Coughlin merely stared at him.

“I have here,” Ross said, moving to the defense table and picking up a paper, “a certified copy of a marriage certificate dated February 6, 1952, in Albany, New York, which states that on that day Jerome Coughlin married Grace Melisi.”

Varick jumped up again. His attitude was that of a long-suffering man who feels he must try once more to make people understand a relatively simple problem.

“Your Honor,” he said, “in all fairness, the court stated before that it would entertain a motion to strike if the testimony became irrelevant or remote. Your Honor, I have never heard testimony quite so remote, quite so unrelated to the case under consideration. The People, Your Honor, therefore do object, and do move to strike.”

Judge Waxler frowned. He looked down from the bench.

“Mr. Ross,” he said, “I must admit there is much justification in what the District Attorney has said. I have allowed you extra latitude, since I felt the defendant was not getting fully effective assistance of counsel earlier in this trial. However, we are certainly far afield from the indictment. You said you were about to connect this up, but if so, when?”

“Very soon, Your Honor. It is true that we’ve gone all around the barn to get where we are, but it was necessary. If you will bear with me a very short time, we shall soon be there.”

“Make it soon,” Judge Waxler said warningly. “You may proceed.”

Ross turned to Coughlin. “Were you married to Grace Melisi?”

Coughlin’s voice was almost inaudible. “Yes.”

“Were you living with her on July 20,1964?”

“Yes.”

“At 562 West Twenty-eighth Street?”

“Yes.”

“Then what was the necessity of taking an additional apartment, in her name alone, at 453 West Sixtieth Street, the same apartment building where Raymond Neeley lived? Especially when you were — as you put it — so broke?”

There was an excited buzzing from the audience. Judge Waxler banged his gavel once; the noise instantly subsided. The spectators were as interested in the drama before them as the participants.

Ross leaned forward. “Well, Mr. Coughlin?”

Coughlin looked around like a trapped animal. “She — she was leaving me for Ray Neeley.”

“So instead of moving in with him, she rented another apartment next door to him? Very moral, but a bit hard to believe.”

Coughlin gave a cry, a wounded bleat. “Damn it! She was leaving me!”

“I believe you,” Ross said in the quiet of the courtroom. “And that’s when you decided to get rid of Raymond Neeley, wasn’t it?”

There was an instant buzz again, as quickly cut off. Coughlin shook his head.

“No...”

“You loved Grace Melisi, didn’t you?”

“She was Grace Coughlin...”

“But you loved her, didn’t you?”

“Yes, damn it, I loved her!”

“She’s dead now, you know.”

“I know.” Coughlin’s eyes begged for understanding. “That’s why I was trying to get some money from you, to get away, maybe to start over again some place.” He shook his head. “I wouldn’t really have testified against the kid...”

“You started out to,” Ross said coldly. “Let’s move on. When did you get the idea of the swindle scheme?”

“I never had anything to do with any swindle scheme!”

“You mean it was just your wife’s idea?” Ross leaned toward him. “By the way, where did your wife meet Raymond Neeley?”

Coughlin’s jaw hardened. “In a bar. She was always meeting people in bars.”

“And you claim the swindle scheme was Neeley’s?”

“That’s right,” Coughlin said, his dark eyes reliving the past. “Grace said Neeley came up with this scheme, that it was just a business arrangement she had with Neeley, but I knew better. She said it was a chance to stick the kid and pick up some loot. She said the kid could spare the dough after signing with the Mets for all that loot. And she knew I never liked the kid, but she never knew why—” He stopped suddenly.

“And why didn’t you like the kid, as you call him?” Ross asked quietly.

Coughlin stared at him, not really seeing him, his face gathering itself into a mask of hate. He was no longer in the courtroom; his mind was back in the past completely.

“He should have been my kid, that’s why!” he said harshly.

“So you set him up—”

“The kid was nothing,” Coughlin said with a sneer. “Christ, can’t you see that?”

“You mean it was Neeley you set up?”

A crafty look came into Coughlin’s eyes. “Like I was dumb, or something! Grace and Neeley cook up this scheme, but Grace tells me they need a gun. Neeley could have gotten hold of a dozen guns if he wanted, but they wanted to stick me if anything went wrong. I knew that. But I knew where the kid’s twenty-two was; he talked about it around the Mets enough, so when I got a chance to grab it during the signing, I did. Everyone was so looped I could have walked out with the bed...” He grinned. “Smart, huh?”

“Smart,” Ross agreed. Everyone in the courtroom was holding his breath, not wishing to break the spell Coughlin was in. Coughlin looked at Ross, as if recognizing him for the first time.

“I pulled a dummy in your office that second time, didn’t I? I knew it as soon as I said it. I heard that tape your secretary was transcribing, and I said, ‘That’s Billy, isn’t it?’ or something dumb like that. Just because I heard the name ‘Marshall,’ I goofed.” He stared at Ross almost anxiously. “You caught that, didn’t you?”

“Yes,” Ross said softly.

“I figured you would.” There was an unaccountable touch of satisfaction in the thin man’s voice, as if to demonstrate that losing wasn’t so bad when one lost to a good opponent. “But I’ll bet you never figured out how I got Billy to go over to the Mountain Top Bar, did you?” Coughlin laughed, enjoying himself. “Simple! I knew he wasn’t Dupaul’s kid any more than he was mine. I gave Jim Marshall fifty bucks to needle Billy with that bit of news, to get him started, and then I just followed the kid. When he hit this place on Lexington, I figured he was juiced up enough, so I simply handed some barfly five bucks to give Billy a message he was wanted at the Mountain Top right away. I figured as bombed as he was, he’d never remember. And he never did.”

“And that’s how you got Neeley, eh?”

“Well, hell — he was stealing my wife, wasn’t he?” Coughlin made it sound as if he considered it an ample excuse. “And he got shot in the commission of a crime, didn’t he? If he hadn’t been trying to steal money from the kid, he’d never have gotten scratched. And that’s the truth.” He looked at Ross earnestly. “You could defend me on that basis, couldn’t you, Counselor?”

“I’m afraid not,” Ross said. “What about Jim Marshall?”

“Oh, him?”

“Yes, him,” Ross said.

“Well,” Coughlin said reasonably, “after I heard that part of the tape in your office, I could imagine what the kid was talking about. And I knew you’d get up to Glens Falls and put Marshall through the wringer, so I had to get there first to kill him, didn’t I? I knew if you leaned on him hard enough he’d break and tell you all about the fifty bucks I gave him...”

He looked up, suddenly, startled by his own words.

“But, then, I just told you, didn’t I...?”

And he started to giggle.

And, Ross thought, even Al Hogan could probably get this one off on a charge of complete insanity...

Chapter 17

The long table in Hank Ross’s conference room was well laden with the varied bottles and glasses necessary for a victory celebration, but the atmosphere was anything but cheerful. The only one drinking seriously was Mike Gunner-son; Charley Quirt held a glass in his hands but he was not touching it. Sharon and Steve were sipping soft drinks, Ross had foregone his usual beer, and Billy Dupaul had also refused anything. “I never had the habit, and you sure don’t pick it up at Attica,” he had said. He sat, his face a mask, his feelings under tight control, staring at Charley Quirt as if seeing the man for the first time. His face was pale; his hands were tightly clasped in his lap.

Ross attempted to cheer things up.

“We ought to call this case The Handy Death,” he said conversationally. “If Raymond Neeley had lived, Billy, you would have remained in prison. The fact that he died as a result of your having shot him was what led to your release. An odd case, helped immeasurably by Louis G. Gorman, long may he wave.” He glanced at Charley Quirt. “And not particularly helped by your mystery.”

“I know what you mean. You’re wondering what changed my attitude in eight years.” Quirt was addressing Ross, his voice quiet, ashamed, but he kept his eyes fixed on the glass in his hands rather than risk raising them and facing his newly acknowledged son. Seen together, the resemblance between the two large blue-eyed men was not particularly striking; knowing the relationship, one would not be surprised, but Ross did not feel it exceptional. He waited patiently for the other man to continue; Quirt twisted his glass in his hands and went on.

“Clara was alive eight years ago, that’s the difference. Clara — my wife — watched a lot of Mets’ baseball when Billy was first scouted. I was against his coming with the Mets, dead against it, and it had nothing to do with ability. But I was overruled. I was sure one look at Billy and Clara would know. It must have been my imagination, because nobody at the club ever noticed, but I was sure Clara would. She was sharp, and well, she’d had suspicions of affairs before — but what the hell! I was in the Army, then, but Clara couldn’t see it that way. And she knew I’d been up near Glens Falls in 1944 — I was in a VA hospital in Saratoga and I met Mary Emerich at a dance there — and as I say, Clara was not only suspicious, she was sharp.”

He raised his eyes for one moment, looking at Ross, asking to be understood, but Ross’s face was expressionless. Mike had stopped drinking and was watching Quirt from beneath his beetled brows. Quirt dropped his eyes again to the glass he was twisting in his hands, and continued.

“I guess maybe I felt I’d done my duty to Billy with the monthly checks, and I didn’t want any trouble at home. Clara could be — well, never mind. She wasn’t well, and I didn’t want to upset her...” He stopped abruptly and shook his head. “It’s true she wasn’t well, but the other isn’t the whole truth. The whole truth is that I was a coward. I should have owned up, gotten Billy the best lawyer there was, and stayed there and fought it out at his side. But I didn’t. I knew he had Gorman for his lawyer, and I thought Louie was a fair lawyer, and then I ran out during the trial — ran away to Japan. And when I heard Billy got four to eight at Attica, it was too late. So I said to myself, that’s that, forget it.” He sighed, staring at his hands. “But your conscience doesn’t let you forget...”

Quirt paused. The room was silent, the occupants all watching him. It was with an almost visible effort that he finally raised his eyes, looking at the tall young man sitting across from him.

“Billy? I’m all alone in a big house. Would you consider coming home and living with me? And trying out for the team again...?”

There was the sharp ring of the telephone; it jarred the tense moment, but also relieved it, the interruption giving everyone a moment to adjust. Sharon raised the receiver, listened a moment, and then hung up. She came to her feet, motioning Ross into the corridor. He closed the door behind them, looking down at her upturned face.

Sharon said anxiously, “What do you think Billy will do?”

“I have no idea,” Ross said, and frowned. “You didn’t call me out of the room for that. What was that telephone call?”

“Oh, that,” Sharon said. “It’s Jimmy Carter. I told Molly you wanted to see him, and he just walked in.”

“Good!” Ross said grimly. “I want a word with that man!”

He walked down the corridor with determination, with Sharon hurrying to keep up. In the reception room a rather stocky, pleasant-faced man was leaning over the telephone switchboard, speaking with Molly. At sight of Ross he straightened up, smiling.

“You wanted to see me, Mr. Ross?”

“I did.” Ross motioned Carter toward the far side of the long room, out of earshot of the two girls. He paused a moment, sizing up the other without coming to any immediate conclusion. “All right, Mr. Carter, just what are you doing here?”

“I just came in to see Molly, and she—”

“Please!” Ross said sternly. He put on his best cross-examination manner, while managing to keep his voice low. “I want the truth, Mr. Carter, and I’m prepared to take whatever steps are necessary to get it. You come here with a flimsy story about looking for a dentist on the other side of town, a story nobody but a child — or Molly — would believe. First you’re looking for a Dr. Ross, and then it turns out it’s a Dr. Gross. You should have prepared your part better, Mr. Carter. Now, I’m going to ask you one more time. What are you really doing here?”

Carter’s face was flaming red; he twisted his hat in his hands. He looked down at the floor, up at the walls, over at the magazines on the end table, and only with great effort finally managed to face Ross.

“Mr. Ross,” he said in a low voice, “I... I—”

“Yes, Mr. Carter?”

“I... I—”

“I suggest you face the simple fact, Mr. Carter, that your charade is over. Answer my question.”

Carter’s embarrassment was painful to see. He bit his lip and finally spoke.

“All right, Mr. Ross. I’ll tell you. I saw Molly at a dance one night and I wanted to meet her. But I — well, I was too shy. I wanted to cut in on her while she was dancing, but I didn’t have the nerve. I tried to work up to it, but before I could, she’d gone home. Someone told me she worked here, for you, so I finally managed to get up my courage and I came up here, but when I saw her...” He sighed. “I lost my nerve again, so I made up the first story that came into my head.” There was no doubt of the honesty of his story. He shrugged apologetically. “I–I don’t have too much imagination...”

There were several moments of silence; then Ross grinned.

“Don’t worry,” he said. “I have enough for both of us.”

He smiled at the embarrassed man and walked back toward the corridor, winking at Molly as he passed. Sharon joined him.

“Well?” she asked curiously.

“You remember that special account you opened to cover the expense of your fabulous night out on the town with Jimmy?” Ross asked. “Well, you can transfer it—”

“And add it to Mr. Quirt’s?”

“No,” Ross said sadly. “To mine. Nondeductible.”

He smiled down at Sharon and put his arm around her shoulder. Then the two of them continued down the corridor toward the conference room to learn Billy Dupaul’s decision.

Content

Robert L. Fish
A Handy Death

Chapter 1

Chapter 2

Chapter 3

Chapter 4

Chapter 5

Chapter 6

Chapter 7

Chapter 8

Chapter 9

Chapter 10

Chapter 11

Chapter 12

Chapter 13

Chapter 14

Chapter 15

Chapter 16

Chapter 17