<h2 id="id02226" style="margin-top: 4em">CHAPTER XXXIX</h2>
<h5 id="id02227">KIRBY INVITES HIMSELF TO A RIDE</h5>
<p id="id02228">The Twin Buttes man had said he would call it a morning, but he carried
with him to the restaurant the problem that had become the pivot of all
his waking thoughts. He had an appointment to meet a man for lunch,
and he found his guest waiting for him inside the door.</p>
<p id="id02229">The restaurant was an inconspicuous one on a side street. Kirby had
chosen it for that reason. The man who stepped into the booth with him
and sat down on the opposite seat was Hudson, the clerk whom James had
accused of losing the sheets of paper with the Japanese writing.</p>
<p id="id02230">"I've got it at last," he said as soon as he was alone. "Thought he
never would go out and leave the key to the private drawer inside the
safe. But he left the key in the lock—for just five minutes—while
Miss Harriman came to see him about something this morning. He walked
out with her to the elevator. I ducked into his office. There was the
key in the drawer, and in the drawer, right at the bottom under some
papers, I found what I wanted."</p>
<p id="id02231">He handed to Kirby the sheets of paper found in the living-room of the
apartment where Horikawa had been found dead.</p>
<p id="id02232">The cattleman looked them over and put them in his pocket. "Thought he
wouldn't destroy them. He daren't. There might come a time when the
translation of this writing would save his life. He couldn't tell what
the Jap had written, but there might be a twist to it favorable to him.
At the same time he daren't give it out and let any one translate it.
So he'd keep it handy where nobody could get at it but himself."</p>
<p id="id02233">"I reckon that just about evens the score between me and Mr. James
Cunningham," the clerk said vindictively. "He bawled me out before a
whole roomful of people when he knew all the time I hadn't lost the
papers. I stood it, because right then I had to. But I've dug up a
better job and start in on it Monday. He's been claiming he was so
anxious to get these sheets back to you. Well, I hope he's satisfied
now."</p>
<p id="id02234">"He had no right to keep 'em. They weren't his. I'll have 'em
translated, then turn the sheets over to the police if they have any
bearing on the case. Of course they may be just a private letter or
something of that sort."</p>
<p id="id02235">The clerk went on to defend himself for what he had done. Cunningham
had treated him outrageously. Besides, they weren't his papers. He
had no business to hold back evidence in a murder case because it did
not suit him to have it made public. Didn't Mr. Lane think he had done
right in taking the papers from the safe when he had a chance?</p>
<p id="id02236">Mr. Lane rather dodged the ethics of the case of Hudson. He had, of
course, instigated the theft of the papers. He was entitled to them.
James had appropriated them by a trick. Besides, it was a matter of
public and private justice that the whole Cunningham mystery be cleared
up as soon as possible. But he was not prepared to pass on Hudson's
right to be the instrument in the case. The man was, of course, a
confidential employee of the oil broker. There was one thing to be
said in his favor. Kirby had not offered him anything for what he had
done nor did he want anything in payment. It was wholly a gratuitous
service.</p>
<p id="id02237">The cattleman had made inquiries. He knew of a Japanese interpreter
used in the courts. Foster had recommended him as entirely reliable.
To this man Kirby went. He explained what he wanted. While the
Japanese clerk read in English the writing to him and afterward wrote
out on a typewriter the translation of it, Kirby sat opposite him at
the table to make sure that there was no juggling with the original
document.</p>
<p id="id02238">The affair was moving to its climax. Within a few hours now Kirby
expected to see the murderer of his uncle put under arrest. It was
time to take the Chief of Police into his confidence. He walked down
Sixteenth toward the City Hall.</p>
<p id="id02239">At Curtis Street the traffic officer was semaphoring with energetic
gesture the east and west bound vehicles to be on their way. Kirby
jaywalked across the street diagonally and passed in front of an
electric headed south. He caught one glimpse of the driver and stood
smiling at the door with his hat off.</p>
<p id="id02240">"I want to see you just a minute, Miss Harriman. May I come in?"</p>
<p id="id02241">Her long, dark eyes flashed at him. The first swift impulse was to
refuse. But she knew he was dangerous. He knew much that it was vital
to her social standing must not be published. She sparred for time.</p>
<p id="id02242">"What do you want?"</p>
<p id="id02243">He took this as an invitation and whipped open the door.</p>
<p id="id02244">"Better get out of the traffic," he told her. "Where we can talk
without being disturbed."</p>
<p id="id02245">She turned up Fifteenth. "If you have anything to say," she suggested,
and swept her long-lashed eyes round at him with the manner of delicate
disdain she held at command.</p>
<p id="id02246">"I've been wonderin' about somethin'," he said. "When James telephoned
my uncle, on the evenin' he was killed, that you an' he were on the way
to his rooms, he said you were together; but James reached there alone,
you an' Jack arrivin' a few minutes later. Did James propose that he
go first?"</p>
<p id="id02247">The young woman did not answer. But there was no longer disdain in her
fear-filled eyes. She swung the car, as though by a sudden impulse, to
the left and drove to the building where the older James Cunningham had
had his offices.</p>
<p id="id02248">"If you want to ask me questions you'd better ask them before Jack,"
she said as she stepped out.</p>
<p id="id02249">"Suits me exactly," he agreed.</p>
<p id="id02250">Her lithe, long body moved beside him gracefully, its every motion
perfectly synchronized. In her close-fitting, stylish gown she was
extremely handsome. There was a kind of proud defiance in the set of
her oval jaw, as though even in the trouble that involved her she was a
creature set apart from others.</p>
<p id="id02251">"Mr. Lane has a question he wants to ask you, Jack," she said when they
were in the inner office.</p>
<p id="id02252">Kirby smiled, and in his smile there were friendliness and admiration.<br/>
"First off, I have to apologize for some things I said two days ago.<br/>
I'll eat humble pie. I accused you of somethin'. You're not the man,<br/>
I've found out."<br/></p>
<p id="id02253">"Yes?" Jack, standing behind his desk in the slim grace of
well-dressed youth, watched him warily.</p>
<p id="id02254">"We've found out at last who the man is."</p>
<p id="id02255">"Indeed!" Jack knew that Esther McLean had been found by her friends
and taken away. No doubt she had told them her story. Did the
cattleman mean to expose James before the woman he knew to be his wife?
That wouldn't be quite what he would expect of Lane.</p>
<p id="id02256">"Incidentally, I have some news for you. One of your uncle's
stenographers, a Miss McLean, has just been married to a friend of
mine, the champion rough rider. Perhaps you may have heard of him.
His name is Cole Sanborn."</p>
<p id="id02257">Jack did not show the great relief he felt. "Glad to hear it," he said
simply.</p>
<p id="id02258">"Did we come here to discuss stenographers?" asked the young woman with
a little curl of the lip. "You mentioned a question, Mr. Lane. Hadn't
we better get that out of the way?"</p>
<p id="id02259">Kirby put to Jack the same query he had addressed to her.</p>
<p id="id02260">"What's the drift of this? What do you want to prove?" Jack asked
curtly.</p>
<p id="id02261">The eyes in the brown face plunged deep into those of Jack Cunningham.
"Not a thing. I've finished my case, except for a detail or two.
Within two hours the murderer of Uncle James will be arrested. I'm
offerin' you a chance to come through with what you know before it's
too late. You can kick in if you want to. You can stay out if you
don't. But don't say afterward I didn't give you a chance."</p>
<p id="id02262">"What kind of a chance are you giving me? Let's get clear on that.
Are you proposing I turn state's evidence on James? Is that what
you're driving at?"</p>
<p id="id02263">"Did James kill Uncle James?"</p>
<p id="id02264">"Of course he didn't, but you may have it in that warped mind of yours
that he did."</p>
<p id="id02265">"What I think doesn't matter. All that will count is the truth. It's
bound to come out. There are witnesses that saw you come to the
Paradox, a witness that actually saw you in uncle's rooms. If you
don't believe me, I'll tell you somethin'. When you an' Miss Harriman
came into the room where my uncle had been killed, James was sittin' at
the desk lookin' over papers. A gun was lyin' close by his hand. Miss
Harriman nearly fainted an' you steadied her."</p>
<p id="id02266">Miss Harriman, or rather Mrs. James Cunningham, nearly fainted again.
She caught at the back of a chair and stood rigid, looking at Kirby
with dilated, horror-filled eyes.</p>
<p id="id02267">"He knows everything—everything. I think he must be the devil," she
murmured from bloodless lips.</p>
<p id="id02268">Jack, too, was shaken, badly. "For God's sake, man, what do you know?"
he asked hoarsely.</p>
<p id="id02269">"I know so much that you can't safely keep quiet any longer. The whole
matter is goin' to the police. It's goin' to them this afternoon.
What are you goin' to do? If you refuse to talk, then it will be taken
to mean guilt."</p>
<p id="id02270">"Why should it go to the police? Be reasonable, man. James didn't do
it, but he's in an awful hole. No jury on earth would refuse to
convict him with the evidence you've piled up. Can't you see that?"</p>
<p id="id02271">Kirby smiled. This time his smile was grim. "I ought to know that
better than you. I'll give you two hours to decide. Meet you at
James's office then. There are some things we want to talk over alone,
but I think Miss Harriman had better be there ready to join us when we
send for her."</p>
<p id="id02272">"Going through with this, are you?"</p>
<p id="id02273">"I'm goin' through in spite of hell and high water."</p>
<p id="id02274">Jack strode up and down the room in a stress of emotion. "You're going
to ruin three lives because you're so pigheaded or because you want
your name in the papers as a great detective. Is there anything in the
world we can do to head you off?"</p>
<p id="id02275">"Nothin'. And if lives are ruined it's not my fault. I'll promise
this: The man or woman I point to as the one who killed Uncle James
will be the one that did it. If James is innocent, as you claim he is,
he won't have it saddled on him. Shall I tell you the thing that's got
you worried? Down in the bottom of your heart you're not dead sure he
didn't do it—either one of you."</p>
<p id="id02276">The young woman took a step toward Kirby, hands outstretched in dumb
pleading. She gave him her soft, appealing eyes, a light of proud
humility in them.</p>
<p id="id02277">"Don't do it!" she begged. "He's your own cousin—and my husband. I
love him. Perhaps there's some woman that loves you. If there is,
remember her and be merciful."</p>
<p id="id02278">His eyes softened. It was the first time he had seen her taken out of
her selfishness. She was one of those modern young women who take, but
do not give. At least that had been his impression of her. She had
specialized, he judged, in graceful and lovely self-indulgence. A part
of her code had been to get the best possible bargain for her charm and
beauty, and as a result of her philosophy of life time had already
begun to enamel on her a slight hardness of finish. Yet she had
married James instead of his uncle. She had risked the loss of a large
fortune to follow her heart. Perhaps, if children came, she might
still escape into the thoughts and actions that give life its true
value.</p>
<p id="id02279">A faint, sphinxlike smile touched his face. "No use worryin'. That
doesn't help any. I'll go as easy as I can. We'll meet in two hours
at James's office."</p>
<p id="id02280">He turned and left the room.</p>
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