The Project Gutenberg eBook of A Point of Testimony, by Carolyn Wells
This eBook is for the use of anyone anywhere in the United States and
most other parts of the world at no cost and with almost no restrictions
whatsoever. You may copy it, give it away or re-use it under the terms
of the Project Gutenberg License included with this eBook or online at
www.gutenberg.org. If you are not located in the United States, you
will have to check the laws of the country where you are located before
using this eBook.
Title: A Point of Testimony
Author: Carolyn Wells
Release Date: October 23, 2021 [eBook #66601]
Language: English
Produced by: Roger Frank and Sue Clark
*** START OF THE PROJECT GUTENBERG EBOOK A POINT OF TESTIMONY ***
[Illustration]
A Point of Testimony
by Carolyn Wells
I
Bert Bayliss was the funniest detective you ever saw. He wasn’t the
least like Vidocq, Lecoq or Sherlock, either in personality or
mentality. And perhaps the chief difference lay in the fact that he
possessed a sense of humor, and that not merely an appreciative sense,
either. He had an original wit and a spontaneous repartee that made it
well-nigh impossible for him to be serious.
Not quite, though, for he had his thinking moments; and when he did
think, he did it so deeply yet rapidly that he accomplished wonders.
And so he was a detective. Partly because it pleased his sense of
humor to pursue a calling so incongruous with his birth and station,
and partly because he couldn’t help it, having been born one. He was a
private detective, but none the less a professional; and he accepted
cases only when they seemed especially difficult or in some way
unusual.
As is often the case with those possessed of a strong sense of humor,
Bayliss had no very intimate friends. A proneness to fun always seems
to preclude close friendships, and fortunately precludes also the
desire for them. But as every real detective needs a Dr. Watson as a
sort of mind-servant, Bert Bayliss invented one, and his Harris (he
chose the name in sincere flattery of Sairey Gamp) proved competent
and satisfactory. To Harris Bayliss propounded his questions and
expounded his theories, and being merely a figment of Bayliss’ brain,
Harris was always able to give intelligent replies. Physically, too,
young Bayliss was far from the regulation type of the prevalent
detective of fiction.
No aquiline nose was his, no sinister eyebrows, no expression of
omniscience and inscrutability. Instead, he was a stalwart,
large-framed young man, with a merry, even debonair face, and a
genial, magnetic glance. He was a man who inspired confidence by his
frankness, and whose twinkling eyes seemed to see the funny side of
everything.
Though having no close friendships, Bayliss had a wide circle of
acquaintances, and was in frequent demand as a week-end visitor or a
dinner guest. Wherefore, not being an early riser, the telephone at
his bedside frequently buzzed many times before he was up of a
morning.
Every time that bell gave its rasping whir Bayliss felt an involuntary
hope that it might be a call to an interesting case of detective work,
and he was distinctly disappointed if it proved to be a mere social
message. One morning just before nine o’clock the bell wakened him
from a light doze, and taking the receiver, he heard the voice of his
old friend Martin Hopkins talking to him.
“I want you at once,” the message came; “I hope nothing will prevent
your coming immediately. I am in Clearbrook. If you can catch the
nine-thirty train from the City, I will meet you here at the station
at ten o’clock. There has been murder committed and we want your help.
Will you come?”
“Yes,” replied Bayliss. “I will take the nine-thirty. Who is the
victim?”
“Richard Hemmingway, my lifelong friend. I am a guest at his house.
The tragedy occurred last night, and I want you to get here before
anything is touched.”
“I’ll be there! good-by,” and hanging up the receiver, Bayliss
proceeded to keep his word.
“You see, Harris,” he said, silently, to his impalpable friend,
“Martin Hopkins is a gentleman of the old school and a man whom I
greatly admire. If he calls me to a case requiring detective
investigation, you may be sure it’s an interesting affair and quite
worthy of our attention. Eh, Harris?” The imaginary companion having
agreed to this, Bayliss went calmly and expectantly on his way.
At the Clearbrook station he was met by Mr. Hopkins, who proposed that
they walk to the house in order that he might tell Bayliss some of the
circumstances.
“Mr. Hemmingway was my oldest and best friend,” began Mr. Hopkins,
“and, with my wife and daughter, I’ve been spending a few days at his
home. He was a widower, and his household includes his ward, Miss
Sheldon, his nephew, Everett Collins, a housekeeper, butler, and
several under-servants. This morning at six o’clock, the butler
discovered the body of Mr. Hemmingway in his library, where the poor
man had been strangled to death. Clapham, that’s the butler, raised an
alarm, at once, and ever since then the house has been full of
doctors, detectives and neighbors. We are almost there now, so I’ll
tell you frankly, Bayliss, that I sent for you to look after my own
interests. You and I are good friends, and you’re the best detective I
know. The evidence seems, so far, to point to some one in the house,
and among those addle-pated, cocksure detectives now on the case it is
not impossible that I may myself be suspected of the crime.”
“What!” cried Bert Bayliss in amazement.
“Just that,” went on the old man, almost smiling. “Hemmingway and I
have had large business transactions of late, and as a big bundle of
securities has disappeared from his safe, it may look as if I had a
hand in the matter.”
“I can’t quite take that seriously, Mr. Hopkins, but I’ll be glad to
look into the case and perhaps I can give justice a boost in the right
direction. You’ve no further hints to give me?”
“No, the hints all point one way, and you’ll discover that for
yourself soon enough.” They walked together up the short path that led
to the house of the late Richard Hemmingway.
* * * * *
Clearbrook was a small settlement of well-to-do society people, who
wished to live near but not in New York. The houses were rather
pretentious, with well-kept grounds, and picturesque flower-beds, but
Bert Bayliss paid little attention to the landscape as he hurried to
the Hemmingway mansion. Once in the drawing-room, Bayliss was
presented by Mr. Hopkins to his wife and daughter, also to Miss
Sheldon and Mr. Collins.
It was surely a tribute to the young man that all these people, who
were fully prepared to treat the detective with a supercilious
hauteur, were won at once by his affable and easy demeanor and
involuntarily greeted him as a man of their own class and standing.
Mrs. Estey, the housekeeper, was also in the room, and at the moment
of Bayliss’ arrival, Coroner Spearman was about to begin his
preliminary queries of investigation. Quite content to gain his
knowledge of the case in this way, Bayliss settled himself to listen.
“Harris,” he said silently to his faithful friend, “these are all
refined and sensitive people, but, excepting Mr. Hopkins, not one
shows a deep or abiding grief at the death of this gentleman.
Therefore I deduce that with most of them the loss is fully covered by
inheritance.”
“Marvelous, my dear Bayliss, marvelous!” replied Harris correctly.
At the command of the coroner, Clapham, the butler, was summoned to
give his account of the discovery of the body.
“I came down-stairs at twenty to six, sir,” said the pompous but
deferential Englishman, “and it would be about six when I reached the
master’s library. The door was closed, and when I opened it I was
surprised to find one of the lamps still burning, the one by the desk,
sir. By its light I could see the master still sitting in his chair.
At first I thought he had come down-stairs early, to do some work;
then I thought he had been working there all night; and then I thought
maybe something was wrong. These thoughts all flew through my mind in
quick succession, sir, and, even as I thought them, I was raising the
blinds. The daylight poured in, and I saw at once my master was dead,
strangled, sir.”
“How did you know he was strangled?” asked the coroner.
“Because, sir, his head was thrown back and I could see black marks on
his throat.”
“What did you do then?”
“First I called Mrs. Estey, who was already in the dining-room, and
then, at her advice, I went to Mr. Collins’ door and knocked him
awake. He hurried down-stairs, sir, and he said—”
“Never mind that. Mr. Collins will be questioned later.”
“Harris,” said Bayliss silently to his friend, “that coroner is no
fool.”
“No,” said Harris.
“If that is all the account of your finding of Mr. Hemmingway’s body,”
continued Mr. Spearman, “tell us now what you know of Mr. Hemmingway’s
movements of last evening.”
“He was in his library all the evening,” said Clapham. “He went there
directly after dinner, and gave me orders to admit three gentlemen
that he expected to call. He told me, sir, that I need not wait up to
let them out, as they would stay late, and he would see them to the
door himself. The three gentlemen came, sir, between nine and ten
o’clock. They came separately, and after I had shown the last one into
Mr. Hemmingway’s library I did not go to the room again—until this
morning. I went to bed, sir, at about eleven o’clock, and at that time
they were still there, as I heard them talking when I left the
dining-room, sir.”
“Good servant, Harris,” commented Bayliss; “if this household is
broken up, he’ll have no trouble in finding a new situation and yet—is
he just a trifle too fluent?”
“Perhaps,” said Harris agreeably.
Mrs. Estey simply corroborated Clapham’s story, and was followed by
Everett Collins, who had been the next to appear upon the scene of the
tragedy.
Bayliss looked at this young man with interest. He was not of an
attractive personality, though handsome and well set up. He had the
physical effects of an athlete, but his face was weak and his glance
was not straightforward.
“He impresses me as untrustworthy,” Bayliss confided to Harris, “and
yet, confound the fellow, there’s something about him I like.”
“Yes,” said Harris.
Mr. Collins had little to say. He had been wakened by Clapham from a
sound sleep and had hastily run down-stairs to find his uncle indeed
dead, and evidently strangled. As to his own movements the night
before, he had spent the evening out, had returned at about half-past
eleven, had let himself in with his latchkey and had gone to bed. He
had noticed that the library door was closed, and he could not say
whether any one was in the room or not.
Miss Ruth Sheldon testified to the effect that she had played bridge
with Mr. and Mrs. Hopkins and Miss Ethel Hopkins until about eleven,
when they had all retired. The Hopkins family corroborated this, and
all agreed that they had heard no sound of any sort down-stairs after
reaching their rooms.
“It was Mr. Hemmingway’s habit,” volunteered Miss Sheldon, “if he had
late callers, to let them out himself, to close the front door quietly
after them, and then to go up to his room with great care in order not
to disturb any of us who might be asleep. He was most thoughtful of
others’ comfort, always.”
* * * * *
The members of the household having been heard, Mr. Spearman turned
his attention to some others who sat in a group at a small table. One
of these was the lawyer, Mr. Dunbar. He simply stated that he had full
charge of Mr. Hemmingway’s legal affairs, and was prepared to make an
accounting when required. But he added that his client’s business with
him was not extensive, as the late financier was accustomed personally
to look after all such matters as did not require actual legal
offices.
Mr. Hemmingway’s private secretary, George Fiske, testified that he
was in the habit of coming to Mr. Hemmingway’s home every day from ten
o’clock to four. He had left as usual the day before, at four o’clock,
and knew of nothing unusual regarding his employer or his business
matters at that time. Fiske had been sent for earlier than usual on
this particular morning but could throw no light on the affair. He
knew the three men who called, and they were three of the richest and
most influential citizens of Clearbrook, who were more or less
associated with Mr. Hemmingway in some large financial interests. As a
confidential secretary, Mr. Fiske courteously but firmly declined to
go into details of these matters at present.
There seemed to be no reason to suspect any one whose name had been
mentioned so far, and the coroner next turned his attention to the
possibility of an intruder from outside, who had forced an entrance
after the three gentlemen had departed and before Mr. Hemmingway could
have left his library.
But investigation proved that the windows were all securely fastened
and that the front door shut with a spring lock which could be opened
only from the outside by a latchkey. No one, save those who were
already accounted for, possessed a latchkey, and as no doors or
windows had been forced, it began to look to the coroner as if the
evidence pointed to some one inside the house as the criminal.
The doctor declared that Mr. Hemmingway had died between twelve and
one o’clock and the three men who had called, being asked over the
telephone, asserted that they left the house about midnight. One of
these, Mr. Carston, had tarried after the others and had talked a few
moments with Mr. Hemmingway at his door, but though this would seem to
make Mr. Carston the last person known to have had speech with the
dead man, nobody dreamed for a moment of suspecting him. Bayliss’ eyes
traveled over the assembled listeners.
“Pshaw,” he said silently to Harris, “there are too many suspects.
Granting the criminal was in the house, it might have been any of the
servants, any of the guests, the ward or the nephew. Every one of them
had opportunity, for, apparently, after midnight the callers were gone
and every one in the house was sound asleep except the victim and the
criminal. But the fact of strangulation lets out Mrs. and Miss
Hopkins, who are too slender and delicate for such a deed. That big,
athletic Miss Sheldon might have done it, had she been inclined; that
gaunt, muscular housekeeper could have accomplished it; and as to the
men, young Collins, old Mr. Hopkins and that complacent butler are all
capable of the deed, physically. So, Harris, as we’ve heard the facts
of the case, we’ll now hunt for clues and theories.”
“Marvelous, Bayliss, marvelous!” breathed Harris with deep admiration.
II
Reaching the library, Bayliss found the Precinct Inspector busily
going through the papers in Mr. Hemmingway’s desk. Inspector Garson
had heard of the clever Bert Bayliss and was glad to meet him, though
a little embarrassed lest the city detective should look upon his own
methods as crude.
With the coroner’s permission the body of the dead man had been
removed, but otherwise no changes had been made in the room. Bayliss
glanced interestedly about. There were no signs of a struggle. The
position of several chairs showed the presence of callers who had
evidently sat around in conversation with their host. The desk, though
not especially tidy, showed only the usual paraphernalia of a man of
business.
By themselves, in an open box, had been laid the articles taken from
the dead man’s pockets. Bayliss looked at, without touching, the
watch, the bunch of keys, the knife, the pencil, the pile of small
coins and the handkerchiefs, which, together with a few papers,
comprised the contents of the box.
Then Bayliss looked swiftly but minutely at the desk. The fittings of
handsome bronze were of uniform design and rather numerous. Every
convenience was there, from pen-rack to paste-pot. There were a great
variety of pens, pencils and paper-cutters, while many racks and files
held a profusion of stationery, cards and letters.
Yet everything was methodical; the plainly labeled packets of letters,
the carefully sorted bills and the neat memoranda here and there, all
betokened a systematic mind and a sense of orderly classification.
“The motive was, of course, robbery,” said the Inspector, as several
others followed Bayliss into the library, “for though everything else
seems intact, a large bundle of securities, which Mr. Dunbar knows
were in Mr. Hemmingway’s safe last Friday, are now gone.”
“Oh, those,” said George Fiske; “I didn’t know you looked on those as
missing. I have them at my own rooms.”
“You have?” said the surprised Inspector. “Why did you not state that
fact when interviewed by Mr. Spearman?”
“Because,” said the young man frankly, “I didn’t consider that the
time or place to discuss Mr. Hemmingway’s finances. I was his
confidential secretary, and though required to render an account at
any time, I am careful not to do so prematurely. The bonds in question
are at my home because Mr. Hemmingway gave them to me last Saturday to
keep for him temporarily. Here is a list of them.”
* * * * *
Fiske took a card of figures from his pocket-book and handed it to the
Inspector, who glanced at it with satisfaction and approval.
“You did quite right, Mr. Fiske,” he said, “and I’m glad the
securities are safe. But then what in your opinion could have been the
motive for the deed of last night?”
Fiske made no reply, but the expression on his face seemed to imply,
against his will, that he could say something pertinent if he chose.
“Might it not be, Harris,” whispered Bayliss, “that that young man
overestimates the confidentialness of his secretaryship at this
crisis?”
“H’m,” said Harris.
Meanwhile the Inspector was rapidly looking over a sheaf of opened
letters, each of which bore at its top the rubber-stamped date of
receipt.
“Whew!” he whistled, as he read one of these documents. He then looked
furtively at George Fiske, who was occupied with some clerical work
which had to be done at once. Without a word Inspector Garson handed
the letter to Bert Bayliss, signifying by a gesture that he was to
read it.
After a glance at signature and date, Bayliss read the whole letter:
Sunday Afternoon,
September 9th.
My Dear Mr. Hemmingway:
After our talk of yesterday morning, I feel that I must
express more fully my appreciation of your declaration of
confidence in me, and my gratitude therefor. I was to
surprised when you asked me to act as executor of your
will that I fear I was awkward and disappointing in my
response. But, believe me, dear sir. I am deeply grateful
for your trust in me and I want to assure you that I will
perform all the duties of which you told me to the very
best of my ability, though I hope and pray the day is far
off when such need shall arise. I am not a fluent talker
and so take this means of telling you that a chord of my
nature was deeply touched when you asked me to assume such
a grave responsibility. I am, of course, at your service
for further discussion of these matters, but I felt I must
formally assure you of my gratitude for your kindness and
of my loyalty to your interests. As to the revelation you
made to me, it was so sudden and such a surprise, I can
not bear to think your suspicions are founded on the
truth; but as you requested, I will observe all I can
without seeming intrusive or curious. I have in safe
keeping the papers you entrusted to my care, and I hope
our present relations may continue for many happy years.
Faithfully yours,
George Fiske.
With his usual quick eye for details, Bayliss noted that the letter
was dated two days before (that is, the day before the murder, which
occurred Monday night); it was postmarked at the Clearbrook
post-office Sunday-evening, and had therefore, been delivered to Mr.
Hemmingway by the first post Monday morning. This was corroborated by
the rubber-stamped line at the top of the first page, which read:
“Received, September 10.”
The letter was among a lot labeled “To be answered,” and it seemed to
Bayliss a very important document.
“I think,” he said aloud to the Inspector, “that we would be glad to
have Mr. Fiske tell us the circumstances that led to the writing of
this manly and straightforward letter.”
George Fiske looked up at the sound of his name. “Has that come to
light?” he said, blushing a little at being thus suddenly brought into
prominence. “I supposed it would, but somehow I didn’t want to refer
to it until some one else discovered it.”
“Tell us all about it,” said Bayliss, in his pleasant, chummy way, and
at once Fiske began.
“Last Saturday morning,” he said, “Mr. Hemmingway had a long talk with
me. He expressed his satisfaction with my work as his secretary and
kindly avowed his complete trust and confidence in my integrity. He
then asked me if I would be willing to act as executor of his estate,
when the time should come that such a service was necessary. He said
it was his intention to bring the whole matter before his lawyer in a
few days, but first he wished to be assured of my willingness to act
as executor. He told me, too, that he would add a codicil to his will,
leaving me a moderate sum of money. All of this was on Saturday
morning, and when I left at noon, as I always do on Saturdays, he gave
me a large bundle of securities, and also his will, asking me to keep
them for him for a few days.”
“You have his will, then?” asked Inspector Garson quickly.
“I have; and also the bonds of which I have given you a memorandum.
They are all at your disposal at any time.”
“Then Mr. Hemmingway died without adding the codicil to his will in
your favor,” observed Bayliss.
“Yes,” replied Fiske, “but that is a minor matter in the face of the
present tragedy.”
Bayliss felt slightly rebuked, but he couldn’t help admiring the manly
way in which Fiske had spoken.
* * * * *
“And this conversation occurred on Saturday,” went on Mr. Garson. “You
took occasion to write to Mr. Hemmingway on Sunday?”
“I did,” agreed Fiske. “I was so surprised at the whole thing that I
was unable to express myself at our interview. I am always tongue-tied
under stress of great surprise or excitement. So I sat down Sunday
afternoon and wrote to Mr. Hemmingway. I mailed the letter Sunday
evening and he had already received it when I reached here on Monday
morning, at ten o’clock, as usual.”
“Did he refer to your letter?” asked Bayliss.
“Yes; he said he was glad I wrote it, and that he would answer it on
paper that I might also have his sentiments in black and white. Then
he said we would discuss the matter more fully after a day or two, and
we then turned our attention to other matters.”
“And this revelation he made to you?” queried Inspector Garson,
running his eyes over the letter.
Mr. Fiske hesitated and looked not only embarrassed but genuinely
disturbed.
“That, Mr. Garson, I want to be excused from telling.”
“Excused from telling! Why, man, it may help to elucidate the mystery
of Mr. Hemmingway’s death!”
“Oh, I hope not, I hope not!” said Fiske, so earnestly that both
Bayliss and the Inspector looked at him in surprise.
“You _do_ know something,” said Mr. Garson quickly, “that may have a
bearing on the mystery, and I must insist that you tell it.”
“It is because it may _seem_ to have a bearing that I hesitate,” said
Mr. Fiske gravely. “But, to put it boldly, as I told you I am not
fluent under stress of excitement; in a word, then, Mr. Hemmingway
implied to me, that—that he had a half-defined fear that sometime his
life might—might end suddenly.”
“In the way it did?”
“Yes, in that way. He feared that some one desired his death, and that
was the reason he asked me to care for his will and his valuable
securities for a few days.”
“Why were these things not in a safety deposit vault?” asked Bert
Bayliss.
“They have been; but a few days ago Mr. Hemmingway had them brought
home to make some records and changes, and as it was Saturday he could
not send them back then, so he gave them to me. I have a small safe at
home, and of course I was willing to keep them for him.”
“Then Mr. Hemmingway feared both robbery and murder,” said Bayliss,
and Mr. Fiske shuddered at this cold-blooded way of putting it.
“Yes, he did,” said the secretary frankly.
“And whom did he suspect as his enemy?”
“That I hope you will allow me not to answer.”
“I’m sorry, Mr. Fiske,” broke in the Inspector, “but you have
knowledge possessed by no one else. You must, therefore, in the
interests of justice, tell us the name of the man whom Mr. Hemmingway
feared.”
“The man,”said George Fiske slowly, “is the one who inherits the bulk
of Mr. Hemmingway’s fortune.”
“Everett Collins, his nephew?”
“His wife’s nephew,” corrected George Fiske. “Yes, since I am forced
to tell it, Mr. Hemmingway feared that Mr. Collins was in haste to
come into his inheritance, and—and——”
“You have done your duty, Mr. Fiske,” said Inspector Garson, “and I
thank you. I quite appreciate your hesitancy, but a crime like this
must be punished, if possible, and you need not appear further in the
matter. After your evidence the law can take the whole affair into its
own hands, and justice will be swift and certain.”
III
The law took its course. Although circumstantial evidence was lacking,
the statement of George Fiske and the undoubted opportunity and
evident motive, combined, caused the arrest of Everett Collins.
The will, when produced, left nearly all the estate to him, and as he
was known to be a thriftless, improvident young man, the majority of
those interested felt convinced that he was indeed the villain.
The property of the late Mr. Hemmingway, however, was of far less
amount than was generally supposed, and also, the large fortune which
he had in trust for his ward, Miss Sheldon, had dwindled surprisingly.
But this, of course, was in no way the fault of the nephew, and it was
thought that Mr. Hemmingway had perhaps been unfortunate in his
investments. George Fiske became executor, as desired by the late
millionaire, but probate of the will was deferred until after Everett
Collins should have been tried at the bar of justice.
Collins himself was stubbornly quiet. He seemed rather dazed at the
position in which he found himself, but had nothing to say except a
simple assertion of his innocence.
“And he _is_ innocent, Harris,” declared Bert Bayliss soundlessly. “No
villain ever possessed that simple straightforward gaze. Villains are
complex. That man may be a spendthrift and a ne’er-do-well, but I’ll
swear he’s no murderer, and I’ll prove it!”
“Marvelous, Bayliss, marvelous!” said Harris.
Bayliss had come to Clearbrook on Tuesday, and on Wednesday Collins
was arrested.
On Wednesday afternoon Bayliss shut himself up alone in the library to
clue-hunt, as he called it. Acting on his conviction that Collins was
innocent, he eagerly sought for evidence in some other direction.
Seating himself at Mr. Hemmingway’s desk, he jotted down a few notes,
using for the purpose a pencil from the pen-tray in front of him.
* * * * *
He looked at the pencil abstractedly, and then he suddenly stared at
it intently.
“A clue!” he said mentally to Harris. “Hush, don’t speak,” though
Harris hadn’t. “I sure have a clue, but such a dinky one!”
He looked at the pencil as at a valuable curio. He glanced about the
desk for others, and found several. In a drawer he found many more.
They were all of the same make and same number, and while those on the
desk were all more or less well sharpened, those in the drawer had
never yet been cut.
“Oh!” said Bayliss, and putting carefully into his pocket the pencil
he had used in making his notes, he began scrutinizing the
waste-basket.
There were not many torn papers in it, but the top ones were letters,
envelopes or circulars, each torn once across. On top of these were
some chips of pencil cedar and a trifle of black dust.
As if collecting precious treasure, Bayliss, with extreme care, lifted
out the top layer of torn envelopes and, without disarranging the tiny
wooden chips and black lead scrapings, laid all in a box, which he
then put in a small cupboard and, locking its door, put the key in his
pocket. Then he returned to the desk and picked up the packet of
letters which had been received on Monday and from which Mr. Fiske’s
letter had been taken. There were about a dozen of them and he looked
with interest at each one. Every one was cut open the same way, not by
a letter-opener, but with shears—a quick clean cut, which took off a
tiny edge along the right-hand end. Each was stamped at the top with
the rubber “Received” stamp in red ink.
“Clever, clever villain!” mused Bayliss. “I say, Harris, he’s the
slickest ever! And nobody could have found him but Yours Truly.”
“Marvelous!” murmured Harris.
Then straight to Inspector Garson Bayliss marched and asked to see the
letter that Mr. Fiske wrote to Mr. Hemmingway.
Receiving it, he stared at it steadily for a moment, then, going to
the window, scrutinized it through a lens.
Moved by an excitement which he strove not to show, he returned it to
Mr. Garson, saying: “You’ve no doubt, I suppose, as to the genuineness
of that letter and all that it means and implies.”
“No, I haven’t,” said Mr. Garson, looking straight at the young man.
“I have wondered whether there could be anything wrong about Fiske,
but that letter is incontrovertible evidence of his veracity.”
“Why couldn’t it be faked?” persisted Bayliss.
“I’ve thought of that,” said Mr. Garson patiently, “but it’s too real.
Whether it was written Sunday or not, it was positively posted Sunday
evening and it was positively delivered to Mr. Hemmingway Monday
morning. The postmark proves that. Then Mr. Hemmingway opened it, for
it is cut open precisely the way he cuts open all his letters, and he
dated it with his own dating-stamp, and put it with his lot ‘To be
answered.’ Can anything be more convincing of Fiske’s good faith?”
“And yet,” said Bert Bayliss, “it _is_ a faked letter, and George
Fiske’s the murderer of Richard Hemmingway!”
“My dear sir, what _do_ you mean?”
“Just what I say. Richard Hemmingway never saw this letter!”
“Can you prove that?”
“I can. Look at the envelope closely with this lens, in a strong
light. What do you see between the letters of Mr. Hemmingway’s name?”
“I see”—the Inspector peered closer—“I see faint pencil-marks.”
“Can you make out what they spell?”
“No—yes—‘G-e-o’— _is_ it ‘George Fiske’?”
“It is, though not all the letters are discernible. Fiske wrote this
letter on Sunday and mailed it on Sunday, _but_ —he addressed it to
himself, _not_ to his employer.”
“Why?” exclaimed Mr. Garson in amazement.
“Listen. He addressed it with a very soft pencil to himself, and
traced the address very lightly. It reached his boarding-house Monday
morning, of course, and then he erased the pencil-marks and boldly
wrote Mr. Hemmingway’s name in ink. Then he cut off the end, in
precisely the way Mr. Hemmingway opens his letters, and put the whole
thing in his pocket. All day he carried it in his pocket (I am
reconstructing this affair as it must have happened), and at four
o’clock he went home with the missive still there.
“Late Monday night he returned. After the three visitors had left, he
strangled Mr. Hemmingway. You know he’s an athlete, and his employer
was a frail old man.
“And _then_ he used the rubber stamp on his own letter and tucked it
into the bunch of ‘To be answered.’ Then he rifled the safe, with Mr.
Hemmingway’s own keys, turned off all the lights but one and swiftly
and silently went home to bed. The rest you know.”
“Mr. Bayliss, I can scarcely believe this!” said Inspector Garson,
fairly gasping for breath.
“What, you can’t believe it when the villain has written his own name
as damning evidence against himself?”
“It must be,” said the inspector, again scrutinizing the faint trace
of pencil-marks. “But why did he do it?”
“Because he wanted to be executor and thus be able to convert into
cash the securities he has stolen.”
“He returned those.”
“Only a few. Oh, it was a clever and deep-laid scheme! Fiske has
quantities of bonds and other valuable papers entirely unaccounted for
and which, as sole executor, he can cash at his leisure, all unknown
to any one.”
“How did you discover this?”
“By the simplest clue. I chanced to notice on Mr. Hemmingway’s desk a
pencil, freshly sharpened, but sharpened in a totally different way
from those sharpened by the man himself. I looked at all the other
pencils on his desk, at the one taken from his pocket and at one in
his bedroom—they are all sharpened in exactly the same way, with
numerous long careful shaves, producing a whittled pyramid. The pencil
I spoke of—here it is—is sharpened by only five strong, clean cuts,
making a short exposure of cut wood, quite different from the long
point of wood in the others. Then I looked in the waste-basket, which
at your orders had not been touched since the discovery of the crime,
and _on top_ I found the chips and lead-dust of this very pencil. They
were _on top_ of some torn envelopes whose postmarks proved they had
come in Monday evening’s mail, which reaches the Hemmingway house
about six-thirty. Hence, whoever sharpened that pencil did it _after_
six-thirty o’clock Monday night, and _before_ the discovery of Mr.
Hemmingway’s dead body.”
Mr. Garson listened breathlessly. “And then?” he said.
“And then,” went on Bayliss, “I looked around for some pencils
sharpened like that, and found several on and in Fiske’s desk in the
library. The pencil might have been borrowed from Fiske’s desk, but it
was sharpened right there at Mr. Hemmingway’s desk after half-past six
o’clock. Fiske, as you know, testified that he left at four and did
not return until Tuesday morning.”
* * * * *
Bayliss’ deductions were true. Confronted suddenly with the story and
with the traced envelope, Fiske broke down completely and confessed
all. He had been planning it for weeks, and had the decoy letter ready
to use when Mr. Hemmingway should have a large amount of bonds in his
own home safe. The whole story of the Saturday morning interview was a
figment of Fiske’s fertile brain, and of course Mr. Hemmingway had no
suspicions of his nephew. Fiske had known of the expected callers, had
watched outside the house until the last one went away and then,
running up the steps, had stopped Mr. Hemmingway just as he was
closing the door and requested a short interview. Innocently enough
Mr. Hemmingway took his secretary into the library, and, while waiting
for his fell opportunity, Fiske talked over some business matters.
While making a memorandum, Mr. Hemmingway broke his pencil point, and,
unthinkingly, Fiske obligingly sharpened it.
“And to think,” murmured Bayliss to Harris, “that little act of
ordinary courtesy proved his undoing!”
“Marvelous, Bayliss, marvelous!” said Harris.
THE END
[Transcriber’s Note: This story appeared in the October 1911 issue of
Adventure magazine.]
*** END OF THE PROJECT GUTENBERG EBOOK A POINT OF TESTIMONY ***
Updated editions will replace the previous one--the old editions will
be renamed.
Creating the works from print editions not protected by U.S. copyright
law means that no one owns a United States copyright in these works,
so the Foundation (and you!) can copy and distribute it in the
United States without permission and without paying copyright
royalties. Special rules, set forth in the General Terms of Use part
of this license, apply to copying and distributing Project
Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm
concept and trademark. Project Gutenberg is a registered trademark,
and may not be used if you charge for an eBook, except by following
the terms of the trademark license, including paying royalties for use
of the Project Gutenberg trademark. If you do not charge anything for
copies of this eBook, complying with the trademark license is very
easy. You may use this eBook for nearly any purpose such as creation
of derivative works, reports, performances and research. Project
Gutenberg eBooks may be modified and printed and given away--you may
do practically ANYTHING in the United States with eBooks not protected
by U.S. copyright law. Redistribution is subject to the trademark
license, especially commercial redistribution.
START: FULL LICENSE
THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase "Project
Gutenberg"), you agree to comply with all the terms of the Full
Project Gutenberg-tm License available with this file or online at
www.gutenberg.org/license.
Section 1. General Terms of Use and Redistributing Project
Gutenberg-tm electronic works
1.A. By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or
destroy all copies of Project Gutenberg-tm electronic works in your
possession. If you paid a fee for obtaining a copy of or access to a
Project Gutenberg-tm electronic work and you do not agree to be bound
by the terms of this agreement, you may obtain a refund from the
person or entity to whom you paid the fee as set forth in paragraph
1.E.8.
1.B. "Project Gutenberg" is a registered trademark. It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement. There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement. See
paragraph 1.C below. There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this
agreement and help preserve free future access to Project Gutenberg-tm
electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation ("the
Foundation" or PGLAF), owns a compilation copyright in the collection
of Project Gutenberg-tm electronic works. Nearly all the individual
works in the collection are in the public domain in the United
States. If an individual work is unprotected by copyright law in the
United States and you are located in the United States, we do not
claim a right to prevent you from copying, distributing, performing,
displaying or creating derivative works based on the work as long as
all references to Project Gutenberg are removed. Of course, we hope
that you will support the Project Gutenberg-tm mission of promoting
free access to electronic works by freely sharing Project Gutenberg-tm
works in compliance with the terms of this agreement for keeping the
Project Gutenberg-tm name associated with the work. You can easily
comply with the terms of this agreement by keeping this work in the
same format with its attached full Project Gutenberg-tm License when
you share it without charge with others.
1.D. The copyright laws of the place where you are located also govern
what you can do with this work. Copyright laws in most countries are
in a constant state of change. If you are outside the United States,
check the laws of your country in addition to the terms of this
agreement before downloading, copying, displaying, performing,
distributing or creating derivative works based on this work or any
other Project Gutenberg-tm work. The Foundation makes no
representations concerning the copyright status of any work in any
country other than the United States.
1.E. Unless you have removed all references to Project Gutenberg:
1.E.1. The following sentence, with active links to, or other
immediate access to, the full Project Gutenberg-tm License must appear
prominently whenever any copy of a Project Gutenberg-tm work (any work
on which the phrase "Project Gutenberg" appears, or with which the
phrase "Project Gutenberg" is associated) is accessed, displayed,
performed, viewed, copied or distributed:
This eBook is for the use of anyone anywhere in the United States and
most other parts of the world at no cost and with almost no
restrictions whatsoever. You may copy it, give it away or re-use it
under the terms of the Project Gutenberg License included with this
eBook or online at www.gutenberg.org. If you are not located in the
United States, you will have to check the laws of the country where
you are located before using this eBook.
1.E.2. If an individual Project Gutenberg-tm electronic work is
derived from texts not protected by U.S. copyright law (does not
contain a notice indicating that it is posted with permission of the
copyright holder), the work can be copied and distributed to anyone in
the United States without paying any fees or charges. If you are
redistributing or providing access to a work with the phrase "Project
Gutenberg" associated with or appearing on the work, you must comply
either with the requirements of paragraphs 1.E.1 through 1.E.7 or
obtain permission for the use of the work and the Project Gutenberg-tm
trademark as set forth in paragraphs 1.E.8 or 1.E.9.
1.E.3. If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any
additional terms imposed by the copyright holder. Additional terms
will be linked to the Project Gutenberg-tm License for all works
posted with the permission of the copyright holder found at the
beginning of this work.
1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.
1.E.5. Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including
any word processing or hypertext form. However, if you provide access
to or distribute copies of a Project Gutenberg-tm work in a format
other than "Plain Vanilla ASCII" or other format used in the official
version posted on the official Project Gutenberg-tm website
(www.gutenberg.org), you must, at no additional cost, fee or expense
to the user, provide a copy, a means of exporting a copy, or a means
of obtaining a copy upon request, of the work in its original "Plain
Vanilla ASCII" or other form. Any alternate format must include the
full Project Gutenberg-tm License as specified in paragraph 1.E.1.
1.E.7. Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works
provided that:
* You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg-tm works calculated using the method
you already use to calculate your applicable taxes. The fee is owed
to the owner of the Project Gutenberg-tm trademark, but he has
agreed to donate royalties under this paragraph to the Project
Gutenberg Literary Archive Foundation. Royalty payments must be paid
within 60 days following each date on which you prepare (or are
legally required to prepare) your periodic tax returns. Royalty
payments should be clearly marked as such and sent to the Project
Gutenberg Literary Archive Foundation at the address specified in
Section 4, "Information about donations to the Project Gutenberg
Literary Archive Foundation."
* You provide a full refund of any money paid by a user who notifies
you in writing (or by e-mail) within 30 days of receipt that s/he
does not agree to the terms of the full Project Gutenberg-tm
License. You must require such a user to return or destroy all
copies of the works possessed in a physical medium and discontinue
all use of and all access to other copies of Project Gutenberg-tm
works.
* You provide, in accordance with paragraph 1.F.3, a full refund of
any money paid for a work or a replacement copy, if a defect in the
electronic work is discovered and reported to you within 90 days of
receipt of the work.
* You comply with all other terms of this agreement for free
distribution of Project Gutenberg-tm works.
1.E.9. If you wish to charge a fee or distribute a Project
Gutenberg-tm electronic work or group of works on different terms than
are set forth in this agreement, you must obtain permission in writing
from the Project Gutenberg Literary Archive Foundation, the manager of
the Project Gutenberg-tm trademark. Contact the Foundation as set
forth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
works not protected by U.S. copyright law in creating the Project
Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm
electronic works, and the medium on which they may be stored, may
contain "Defects," such as, but not limited to, incomplete, inaccurate
or corrupt data, transcription errors, a copyright or other
intellectual property infringement, a defective or damaged disk or
other medium, a computer virus, or computer codes that damage or
cannot be read by your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
of Replacement or Refund" described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from. If you
received the work on a physical medium, you must return the medium
with your written explanation. The person or entity that provided you
with the defective work may elect to provide a replacement copy in
lieu of a refund. If you received the work electronically, the person
or entity providing it to you may choose to give you a second
opportunity to receive the work electronically in lieu of a refund. If
the second copy is also defective, you may demand a refund in writing
without further opportunities to fix the problem.
1.F.4. Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of
damages. If any disclaimer or limitation set forth in this agreement
violates the law of the state applicable to this agreement, the
agreement shall be interpreted to make the maximum disclaimer or
limitation permitted by the applicable state law. The invalidity or
unenforceability of any provision of this agreement shall not void the
remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in
accordance with this agreement, and any volunteers associated with the
production, promotion and distribution of Project Gutenberg-tm
electronic works, harmless from all liability, costs and expenses,
including legal fees, that arise directly or indirectly from any of
the following which you do or cause to occur: (a) distribution of this
or any Project Gutenberg-tm work, (b) alteration, modification, or
additions or deletions to any Project Gutenberg-tm work, and (c) any
Defect you cause.
Section 2. Information about the Mission of Project Gutenberg-tm
Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new computers. It
exists because of the efforts of hundreds of volunteers and donations
from people in all walks of life.
Volunteers and financial support to provide volunteers with the
assistance they need are critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future
generations. To learn more about the Project Gutenberg Literary
Archive Foundation and how your efforts and donations can help, see
Sections 3 and 4 and the Foundation information page at
www.gutenberg.org
Section 3. Information about the Project Gutenberg Literary
Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non-profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation's EIN or federal tax identification
number is 64-6221541. Contributions to the Project Gutenberg Literary
Archive Foundation are tax deductible to the full extent permitted by
U.S. federal laws and your state's laws.
The Foundation's business office is located at 809 North 1500 West,
Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up
to date contact information can be found at the Foundation's website
and official page at www.gutenberg.org/contact
Section 4. Information about Donations to the Project Gutenberg
Literary Archive Foundation
Project Gutenberg-tm depends upon and cannot survive without
widespread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine-readable form accessible by the widest
array of equipment including outdated equipment. Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.
The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements. We do not solicit donations in locations
where we have not received written confirmation of compliance. To SEND
DONATIONS or determine the status of compliance for any particular
state visit www.gutenberg.org/donate
While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.
International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg web pages for current donation
methods and addresses. Donations are accepted in a number of other
ways including checks, online payments and credit card donations. To
donate, please visit: www.gutenberg.org/donate
Section 5. General Information About Project Gutenberg-tm electronic works
Professor Michael S. Hart was the originator of the Project
Gutenberg-tm concept of a library of electronic works that could be
freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg-tm eBooks with only a loose network of
volunteer support.
Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as not protected by copyright in
the U.S. unless a copyright notice is included. Thus, we do not
necessarily keep eBooks in compliance with any particular paper
edition.
Most people start at our website which has the main PG search
facility: www.gutenberg.org
This website includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.
