Judge Oliphant got up and walked gravely into chambers. I sat there waiting in the courtroom. After a few moments, the sheriff said, ‘This way, Donald.’
He took me into his office. I sat there waiting. The district attorney came in and looked at me as though I was something other than human.
At the end of half an hour, the sheriff took me back into court. Judge Oliphant came in and took his seat on the bench. His shoulders were sagging. He looked down at the district attorney, and said, ‘The court has no other alternative. The law in this case is exactly as contended by the petitioner. Under this law a man could — and has — committed a cold-blooded murder with complete legal immunity. Posing as a not-too-bright young criminal, he has victimized the law itself. There can be no question in the mind of the court but what the shrewd and unscrupulous intelligence of the petitioner in this case has carefully planned each step in a well-laid campaign. However, there is no legal proof before the court indicating that such is the case. The California decisions cited by the petitioner are absolutely in point. In view of the interpretation which has been placed upon the law by the courts of California, it would be idle to contend for any other interpretation. California has passed upon the matter, and the California courts have precluded themselves from seeking any other interpretation of the law. California cannot extradite this man. The petitioner is discharged from custody, much as the court regrets the necessity of making such a decision.’
The district attorney said, ‘Your honor, we don’t need to believe his story. We can hold him for further developments. Perhaps he—?’
‘Apparently you don’t appreciate the diabolical ingenuity of the petitioner’s position,’ Judge Oliphant said. ‘He can’t be extradited from Arizona. He isn’t a fugitive from justice ― not from California at any rate. I doubt if there is enough evidence to connect him with this Kansas City crime. If there is, there will be little difficulty in finding the petitioner. He certainly is not going to leave the State of Arizona. Here he enjoys legal immunity. Elsewhere, he would not, and the perspicacity of this petitioner is such that he not only realizes that fact but will take full technical advantage of it. I even doubt if he could be extradited to Kansas City. The petitioner is discharged.’
A slow murmur grew in volume from the crowd in the courtroom. It was not a hostile murmur. It was a murmur of surprise and of interest. Had an attorney been representing me, I probably would have been lynched. As it was, I had been the underdog, standing alone and unaided at the bar of justice. I had forced the judge to accept my interpretation of the law and had whipped the astounded district attorney to a standstill.
Someone applauded.
Someone laughed.
The judge ordered the courtroom cleared, and then adjourned court.
Chapter 14
The clerk at the Phoenix Hotel said, ‘Mrs. Cool arrived by airplane from California. She had rather a rough trip and was quite upset. She left word that under no circumstances was she to be disturbed.’
I showed him the telegram she’d sent. ‘I’m the one she came to see,’ I said. ‘Here’s her telegram telling me to meet her here at the earliest possible,moment.’
The clerk hesitated a moment, then nodded to the telephone operator. ‘You may ring,’ he said.
A moment later, the operator said, ‘You may go up, Mr. Lam. Room 319.’
I took the elevator to the third floor, knocked on the door of 319, and Berths Cool said, ‘Come in. God damn it, don’t stand out there making a racket.’
I turned the knob and opened the door. She was propped up in bed. A wet towel was wrapped around her forehead. There was no make-up on her face. The muscles sagged down, pulling her lips down at the corners, emphasizing her battleship jaw.
‘Donald,’ she asked, ‘did you ever ride in an airplane?’
I nodded.
‘Did you get airsick?’
‘No.’
‘I did,’ she said. ‘My God, I thought that damn plane would never get here. Donald, my love, what the hell have you been doing?’
‘Various things,’ I said.
‘I’ll say you have! You’ve been giving the agency a lot of publicity.’
I found myself a chair and dropped into it.
‘No, not there, Donald. It hurts to turn my head. Come over here and sit on the foot of the bed — there, that’s better. Donald, are you in love with that girl?’
‘Yes.’
‘Did you do this because you loved her?’
‘Partially,’ I said, ‘and partially because I couldn’t resist the temptation to blow up some of the smug legal theories entertained by a lot of mossback lawyers. The grievance committee said my idea a bomb-proof murder could be committed was an indication I didn’t have a very good foundation in my legal education. They didn’t bother to find out what the scheme was, but, just because they thought a man couldn’t commit a murder and beat the rap legally, they figured I was wrong in saying he could. I wanted to show ‘em. If they hadn’t suspended me from the bar, I’d have made a name for myself before this.’
‘Do you know any more tricks like that?’
‘Lots of them,’ I said.
‘Donald, my lamb, light a cigarette and put it between my lips.’ I lit the cigarette, put it in between the heavy lips. She sucked in a deep drag, and said, ‘You and I can go a long way together. You’ve got brains — you little runt. But you’ve got to get over being so impulsive and so damn chivalrous. My God, Donald, at your age you’re going to fall in love and bounce back out again a dozen times before you settle down to one woman. You mark my words, Donald. I know. But you have a fine mind, Donald, my love. You’re a jewel — how the hell did you know what had happened, Donald?’
I said, ‘It was a cinch when I got to thinking it over. Someone heard a shot and notified the police. The police didn’t come until quite a while after Alma Hunter had left the apartment. I figured the person who notified the police must have heard a second shot, and no one had heard the first shot. The magazine held seven shells. There were only six in the gun. Alma’s bullet hit someone. Morgan Birks must have been shot, just as the police claim, while he was trying to get out of the door. Death was instantaneous. Therefore, he must have fallen in such a position that it was impossible to get the door open without moving his body. Alma Hunter didn’t move any body. She opened the door and ran out. Cunweather was interested in finding Morgan Birks. Cunweather had an organization. The slot-machine racket wasn’t a one-man business. It called for an organization. Morgan Birks was really hiding from his own organization. Sandra Birks had a lot of money in safety deposit boxes. Both Morgan and Sandra were trying to keep anyone from knowing about it. Sandra was trying to get it from Morgan. Alma slept in Sandra’s bed, and someone tried to choke her, someone with long fingernails. I noticed that Bleatie had slender, tapering hands, something like a woman. The fingers were long, and the nails were well manicured. If Sandra had died there wouldn’t have been any divorce. Morgan had Cunweather fooled on the Bleatie business, but Cunweather didn’t stay fooled. When he was beating up on me he’d have given a lot to have found Morgan Birks. When you went out and tried to shake him down, he didn’t give a damn. That meant he’d doped out what had happened after he realized I’d served the papers there in the hotel. It meant he’d already put the screws on Morgan Birks. Which one of the Cunweather gang was wounded?’