<p><span class="pagenum"><SPAN name="Page_196" id="Page_196">[Pg 196]</SPAN></span></p>
<h2><SPAN name="CHAPTER_XIX" id="CHAPTER_XIX"></SPAN>CHAPTER XIX</h2>
<h3>ON THE HILL-TOP</h3>
<p>Morning dawned on the good ship Jerry Boyne
not so dismasted and rudderless as you might
have thought. I'd carried that 1920 diary to my room
and, before I slept, read the whole of it. This was
the last word we had from the dead man; here if anywhere
would be found support for the suggestions of
a weakening mind and suicide.</p>
<p>Nothing of that sort here; on the contrary, Thomas
Gilbert was very much his clear-headed, unpleasant,
tyrannical self to the last stroke of the pen. But I
came on something to build up a case against Eddie
Hughes, the chauffeur.</p>
<p>I didn't get much sleep. As soon as I heard Chung
moving around, I went down, had him give me a cup
of coffee, then stationed him on the back porch, and
walked to the study, shut myself in, and discharged my
heavy police revolver into a corner of the fireplace;
then with the front door open, fired again.</p>
<p>"How many shots?" I called to Chung.</p>
<p>"One time shoot."</p>
<p>Worth's head poked from his upstairs window as he
shouted,</p>
<p>"What's the excitement down there?"</p>
<p>"Trying my gun. How many times did I fire?"</p>
<p>"Once, you crazy Indian!" and the question of
sound-proof walls was settled. Nobody heard the<span class="pagenum"><SPAN name="Page_197" id="Page_197">[Pg 197]</SPAN></span>
shot that killed Gilbert twenty feet away from the
study if the door was closed. Mrs. Thornhill's ravings,
as described in Skeet's letter to Barbara, were
merely delirium.</p>
<p>I walked out around the driveway to the early
morning streets of Santa Ysobel. The little town
looked as peaceful and innocent as a pan of milk. In
an hour or so, its ways would be full of people rushing
about getting ready for the carnival, a curious
contrast to my own business, sinister, tragic. It seemed
to me that two currents moved almost as one, the
hidden, dark part under—for there must be those in
the town who knew the crime was murder; the murderer
himself must still be here—and the foam of
noisy gayety and blossoms riding atop. A Blossom
Festival; the boyhood of the year; and I was in the
midst of it, hunting a murderer!</p>
<p>An hour later I talked to Barbara in the stuffy
little front room at Capehart's, brow-beaten by the
noise of Sarah getting breakfast on the other side of
the thin board partition; more disconcerted by the girl's
manner of receiving the information of how I had
found the 1920 diary hidden in Worth's bureau
drawer. There was a swift, very personal anger at
me. I had to clear myself instantly and thoroughly
of any suspicion of believing for a moment that Worth
himself had stolen or mutilated the book, protesting,</p>
<p>"I don't—I don't! Listen, Barbara—be reasonable!"</p>
<p>"That means 'Barbara, be scared!' And I won't.
When they're scared, people make mistakes."</p>
<p>"You might see differently if you'd been there last
night when Cummings made his charge against Worth.<span class="pagenum"><SPAN name="Page_198" id="Page_198">[Pg 198]</SPAN></span>
That seventy two thousand dollars Worth carried up
to the city Monday morning, he had taken from his
father's safe the night before."</p>
<p>For a minute she just looked at me, and not even
Worth Gilbert's dare-devil eyes ever held a more inclusively
defiant light than those big, soft, dark ones
of hers.</p>
<p>"Well—wasn't it his?"</p>
<p>"All right," I said shortly. "I'm not here to talk
of Worth's financial methods; they're scheduled to get
him into trouble; but let that pass. Look through
this book and you'll see who it is I'm after."</p>
<p>She had already opened the volume, and began to
glance along the pages. She made a motion for me
to wait. I leaned back in my chair, and it was only
a few moments later that she looked up to say,</p>
<p>"Don't make the arrest, Mr. Boyne. You have
nothing here against Eddie—for murder."</p>
<p>Because I doubted myself, I began to scold, winding
up,</p>
<p>"All the same, if that gink hasn't jumped town,
I'll arrest him."</p>
<p>"It would be a good deal more logical to arrest
him if he had jumped the town," Barbara reminded
me. "If you really want to see him, Mr. Boyne,
you'll find him at the garage around on the highway.
He's working for Bill."</p>
<p>That was a set-back. A fleeing Eddie Hughes
might have been hopeful; an Eddie Hughes who gave
his employer back-talk, got himself fired, and then
settled down within hand-reach, was not so good a
bet. Barbara saw how it hit me, and offered a suggestion.</p>
<p><span class="pagenum"><SPAN name="Page_199" id="Page_199">[Pg 199]</SPAN></span>"Mr. Boyne, Worth and I are taking a hike out to
San Leandro canyon this afternoon to get ferns for
the decorating committee. Suppose you come along—anyhow,
a part of the way—and have a quiet talk,
all alone with us. Don't do anything until you have
consulted Worth."</p>
<p>"All right—I'll go you," I assented, and half past
two saw the three of us, Worth in corduroys and
puttees, Barbara with high boots and short, dust-brown
skirt, tramping out past the homes of people
toward the open country. At the Vandeman place
Skeet's truck was out in front, piled with folding
chairs, frames, light lumber, and a lot of decorative
stuff. The tall Chinaman came from the house with
another load.</p>
<p>"You Barbie Wallace!" the flapper howled. "Aren't
you ashamed to be walking off with Worth and Mr.
Boyne both, and good men scarce as hen's teeth in
Santa Ysobel to-day!"</p>
<p>"I'm not walking off with them—they're walking
off with me," Barbara laughed at her.</p>
<p>"Shameless one!" Skeet drawled. "I see you let
Mr. Cummings have a day off—aren't you the kind
little boss to 'em!"</p>
<p>I just raised my brows at Barbara, and she explained
a bit hastily,</p>
<p>"Skeet thinks she has to be silly over the fact that
Mr. Cummings has gone up to town, I suppose."
She added with fine indifference, "He'll be back in
the morning."</p>
<p>"You bet he'll be back in the morning," Worth
assured the world.</p>
<p>"Now what does he mean by that, Mr. Boyne?"</p>
<p><span class="pagenum"><SPAN name="Page_200" id="Page_200">[Pg 200]</SPAN></span>"He means Cummings is out after him."</p>
<p>"I don't," Worth contradicted me personally. "I
mean he's after Bobs. She knows it. Look at her."</p>
<p>She glanced up at me from under her hat-brim, all
the stars out in those shadowy pools that were her
eyes. The walk had brought sumptuous color to her
cheeks, where the two extra deep dimples began to
show.</p>
<p>"You both may think," she began with a sobriety
that belied the dimples and shining eyes, "looking on
from the outside, that Mr. Cummings has an idea
of, as Skeet would say, 'rushing' me; but when we're
alone together, about all he talks of is Worth."</p>
<p>"Bad sign," Worth flung over a shoulder that he
pushed a little in advance of us. "Takes the old
fellows that way. Their notion of falling for a girl
is to fight all the other Johnnies in sight. Guess
you've got him going, Bobs."</p>
<p>I walked along, chewing over the matter. She'd
estimated Cummings fairly, as she did most things
that she turned that clear mind of hers on; but her
lack of vanity kept her from realizing, as I did, that
he was in the way to become a dangerous personal
enemy to Worth. His self-interest, she thought, would
eventually swing him to Worth's side. She didn't as
yet perceive that a motive more powerful than self-interest
had hold of him now.</p>
<p>"Why, Mr. Boyne," she answered as though I'd
been speaking my thoughts aloud, "I've known Mr.
Cummings for years and years. He never—"</p>
<p>"You said a mouthful there, Bobs." Worth halted,
grinning, to interrupt her. "He never—none whatever.
But he has now."</p>
<p><span class="pagenum"><SPAN name="Page_201" id="Page_201">[Pg 201]</SPAN></span>"He hasn't."</p>
<p>"Leave it to Jerry. Jerry saw him that first night
in at Tait's; then afterward, in the office."</p>
<p>"Oh, come on!" Barbara started ahead impatiently.
"What difference would it make."</p>
<p>They went on ahead of me, scrapping briskly, as
a boy and girl do who have grown up together. I
stumped along after and reflected on the folly of mankind
in general, and that of Allen G. Cummings in
particular. That careful, mature bachelor had seen
this lustrous young creature blossom to her present
perfection; he'd no doubt offered her safe and sane
attention, when she came to live in San Francisco
where they had friends in common. But it had needed
Worth Gilbert's appearance on the scene to wake him
up to his own real feeling. Forty-five on the chase
of nimble sweet and twenty; Cummings was in for
sore feet and humiliating tumbles—and we were in
for the worst he could do to us. I sighed. Worth
had more than one way of making enemies, it seemed.</p>
<p>At last we came in sight of the country club upon
its rise of ground overlooking the golf links. The
low, brown clubhouse, built bungalow fashion, with a
long front gallery and gravel sweep, was swarming
with people—the decorators. Motors came and went.
The grounds were being strung with paper lanterns.
We skirted these, and the links itself where there were
two or three players, obstinate, defiant old men who
would have their game in spite of forty blossom festivals—climbed
a fence, and crossed the grass up to
the crest of a little round hill, halting there for the
view. It wasn't high, but standing free as it did,
it commanded pretty nearly the entire Santa Ysobel<span class="pagenum"><SPAN name="Page_202" id="Page_202">[Pg 202]</SPAN></span>
district. Massed acres of pink and white, the great
orchards ran one into the other without break for
miles. The lanes between the trunks, diamonded like
a harlequin's robe in mathematical primness, were
newly turned furrows of rich, black soil, against which
the gray or, sometimes, whitewashed trunks of apricot,
peach and plum trees gave contrast. Then the cap of
glorious blossoms, meeting overhead in the older orchards,
with a warm blue sky above and puffs of
clouds that matched the pure white of the plum trees'
bloom.</p>
<p>The spot suited me well; we had left the town behind
us; here neither Dykeman's spotter nor any one
he hired to help him could get within listening distance,
I dropped down on a bank; Worth and Barbara disposed
themselves, he sprawling his length, she sitting
cross-legged, just below him.</p>
<p>It wasn't easy to make a beginning. I knew it
wouldn't do me any particular good with Worth to
dwell on his danger. But I finally managed to lay
fairly before them my case against Eddie Hughes, and
I must say that, as I told it, it sounded pretty strong.</p>
<p>I didn't want to put too much stress on having
found my evidence in the diaries; I knew Worth was
as obstinate as a mule, and having said that he would
not stand for any one being prosecuted on their evidence,
he'd stick to it till the skies fell. I called on
my memory of those pages, now unfortunately ashes
and not get-atable, and explained that Worth's father
hired Hughes directly after a jail-break at San Jose
had roused the whole country. Three of the four
escapes were rounded up in the course of a few days,
but the fourth—known to us as Eddie Hughes—was<span class="pagenum"><SPAN name="Page_203" id="Page_203">[Pg 203]</SPAN></span>
safe in Thomas Gilbert's garage, working there as
chauffeur, having been employed without recommendation
on the strength of what he could do.</p>
<p>"And the low wages he was willing to take," Worth
put in drily. "Old stuff, Jerry. I wasn't sure till
you spilled it just now that my father was wise to
it. But I knew. What you getting at?"</p>
<p>"Just this. When I talked to Hughes that first
night I came down here with you, while we all supposed
the death a suicide, he couldn't keep his resentment
against your father, his hatred of him, from
boiling over every time he was mentioned."</p>
<p>"Get on," said Worth wearily. "Father hired a
jail-bird that came cheap. Probably put it to himself
that he was giving the man a chance to go
straight."</p>
<p>I glanced up. This was just about what I remembered
Thomas Gilbert to have said in the entry that
told of the hiring of Eddie. Worth nodded grimly
at my startled face.</p>
<p>"Eddie's gone straight since then," he filled in.
"That is, he's kept out of jail, which is going straight
for Eddie. He'd certainly hate the man who held him
as he's been held for five years. Not motive enough
for murder though."</p>
<p>"There's more. The 1920 diary you gave me last
night tells when and why the extra bolts were put on
the study doors. Your father had been missing
liquor and cigars and believed Hughes was taking
them."</p>
<p>"Pilfering!" with an expression of distaste. "That
doesn't—"</p>
<p>"Hold on!" I stopped him. "On February twelfth<span class="pagenum"><SPAN name="Page_204" id="Page_204">[Pg 204]</SPAN></span>
your father left money, marked coin and paper money,
as if by accident, on the top of the liquor cabinet;
not exposed, but dropped in under the edge of the
big ash tray so it might look as though it were forgotten—in
a sense, lost there."</p>
<p>"How much?" came the quick question.</p>
<p>"Fifty one dollars." He looked around at me.</p>
<p>"Just one dollar above the limit of petty larceny;
a hundred cents added to put it in the felony class
that meant state's prison. So he could have sent
Eddie to the pen,—eh? I guess you've got a motive
there, Boyne."</p>
<p>"Well—er—" I squirmed over my statement,
blurting out finally. "Hughes didn't take the money."</p>
<p>"Knew it was a trap," Worth's laugh was bitter.
"And hated the man who cold-bloodedly set it to catch
him. If he didn't take it, don't you think he counted
it?"</p>
<p>"Worth," I said sharply. "Your father put those
bolts on—and continued to find that he was being
robbed. He was mad about it. Any man would be.
Say what you will, no one likes to find that persons
in his employ are stealing from him. The aggravating
thing was that he couldn't bring it home to
Hughes, though he was sure of the fact."</p>
<p>"So he went back to what he had known of Eddie
when he hired him? After profiting by it for five
years, he was going to rake that up?"</p>
<p>"He was,"—a bit nettled—"and well within his
rights to do so. Three weeks before he was shot, he
wrote that he'd started the inquiry. There was no
further mention of the matter in the book as it stands,
but don't you see that the result of the inquiry must<span class="pagenum"><SPAN name="Page_205" id="Page_205">[Pg 205]</SPAN></span>
have been on that torn-out last page? Eddie's Saturday
night alibi won't hold water. His cannery girl,
of course, will swear he was with her; but there's no
corroborating testimony. No one saw them together
from nine till twelve."</p>
<p>Dead silence dropped on us, with the white clouds
standing like witnesses in the blue above, the wind
bringing now and again on its scented wings little
faint echoes of the noise down at the clubhouse.</p>
<p>"What more do you want?" Both young faces
were set against me, cold and hostile. "Here was
motive, opportunity, a suspect capable of the deed.
My theory is that Mr. Gilbert came in on Hughes,
caught him in the act of stealing from the cabinet.
Hughes jumped for the pistol over the fireplace, got
it, fired the fatal shot, and placed the dead man's
fingers about the butt of the gun. Then he picked
up the diary lying on the table, tore out the leaf about
himself, and poked the rest of the book down the
drain pipe."</p>
<p>"And the shot?" Worth resisted me. "Why didn't
the shot bring Chung on the run?"</p>
<p>"Because he couldn't hear it. Nobody'd hear it ten
paces away. That's what I was trying out this morning.
You told me I'd fired once. Well, I fired twice;
once with the door shut, and neither you nor Chung
heard it; afterward, with the door open—the report
you registered."</p>
<p>"The blotter—and it had been used on that last
page—showed no words to strengthen this theory of
yours," said Barbara as confidently as though the
little blue square had been clear print, instead of
broken blurring. Perhaps it was clear to her. I was<span class="pagenum"><SPAN name="Page_206" id="Page_206">[Pg 206]</SPAN></span>
glad I'd given it a thorough reëxamination the night
before.</p>
<p>"I think it does," I struggled against the tide, manfully,
buoying myself up with the tracing of the blotter.
"Here's the word 'demanded,' reasonably connected
with the affair. The letters 'ller' may be the
last end of 'caller,' or possibly 'fuller'; I noticed Gilbert
spoke in a former entry of the bottle in the cabinet
and Hughes snitching from it, and used the word
'fuller.' Here's the word 'Avenue,' complete, and
Lizzie Watkins, Hughes' girl, lives on Myrtle Avenue."</p>
<p>The silence after that was fairly derisive. Worth
broke it with an impatient,</p>
<p>"And the fact of the bolted doors throws all that
stuff out."</p>
<p>"Well," I grunted, "Barbara deduced the slipping
of some bolts to please you once—why can't she
again?"</p>
<p>"Mr. Boyne," the girl spoke quickly, "it wouldn't
help you a bit to be assured that Eddie Hughes could
enter the study and leave it bolted behind him when
he went out—help you to the truth, I mean. These
facts you've gathered are all wabbly; they'll never
in the world fit in trim and true. They're hardly
facts at all. They're partial facts."</p>
<p>"Wouldn't help me?" I ejaculated. "It would
cinch a case against him. We've got to have some
one in jail, and that shortly. We're forced to."</p>
<p>"Forced?" Worth had sat up a little and reached
far forward for a stone that lay among the weeds
down there. He spoke to me sidewise with a challeng<span class="pagenum"><SPAN name="Page_207" id="Page_207">[Pg 207]</SPAN></span>ing
flicker of the eye. Barbara kept her lips tight
shut.</p>
<p>"I need a prisoner," trying to correct my error;
then burst out, "My Lord, children! An arrest isn't
going to hurt a man like Hughes,—even if he proves
to be innocent. It's an old story to him. Barbara,
you said yourself that the man who stole the 1920
diary was the murderer."</p>
<p>"But I didn't say Eddie Hughes stole it." Her
tone was significant, and it checked me. I couldn't
remember what the deuce she had said that night.
There recurred to me her mimicry of a woman's voice—Laura
Bowman's as I believed—to determine through
Chung who Thomas Gilbert's feminine visitor had
been. Should that clue have been followed up before
I moved on Eddie Hughes? Even as I got to this
point, I heard Worth, punctuating his remarks with
the whang of his rock on the bit of twig he was
pounding to pieces,</p>
<p>"Boyne, I won't stand for any arrest being made
except in all sincerity—the person you honestly believe
to be the criminal."</p>
<p>"Does that mean you forbid me, in so many words,
to proceed against Hughes on what I've got?"</p>
<p>"It does," Worth said. "You're not convinced
yourself. Leave it alone."</p>
<p>"'Nough said!" I jumped to my feet. If he
wouldn't let me lay hands on Hughes—there was
nothing to do but go after the next one. "You two
run along. Get your ferns. There's a man at the
club here I have to see."</p>
<p>Barbara was afoot instantly; Worth lay looking at<span class="pagenum"><SPAN name="Page_208" id="Page_208">[Pg 208]</SPAN></span>
her for a moment, then heaved himself up, shook his
shoulders, and stood beside her.</p>
<p>"Race you to the foot of the hill," she flashed up
at him.</p>
<p>"You're on," he chuckled. "I'll give you a running
start—to the tree down there—and beat you."</p>
<p>They were off. She ran like a deer. Worth got
away as though he was in earnest. He caught her up
just at the finish; I couldn't see which won; but they
walked a few rods hand in hand.</p>
<p>Something swelled in my throat as I watched them
away: life's springtime—and the year's; boy and girl
running, like kids that had never known a fear or a
mortal burden, over an earth greener than any other,
because its time of verdure is brief, dreaming already
of the golden-tan of California midsummer, under
boughs where tree blooms made all the air sweet.</p>
<p>For sake of the boy and the girl who didn't know
enough to take care of their own happiness, I wheeled
and galloped in the direction of the country club.</p>
<p>There is an institution known—and respected—in
police circles as the Holy Scare. I was determined to
make use of it. I'd throw a holy scare into a man I
knew, and see what came out.</p>
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