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He didn't have to tell us how he knew. We could guess. Ruth was right in saying that he was always spying upon her.
"I knew," he continued, "that Mr. Darwin kept a good brand of whisky, private stock of course, in a cabinet in the dining-room, and I determined to mix myself a drink. But just then I heard the key turned in the study door and thinking Mr. Darwin was coming out, I went back to my room and closed the door. I waited some time, maybe five minutes or more, and then looked out. No one was around and both drawing-room and study doors were closed. I decided I had missed the show, since there was no sound from either room, and I determined to have my drink before I went upstairs. I went in to the dining-room and had my hand on the cabinet key when the shot rang out. I hurried to the study and saw--Mr.
Davies in the doorway, Mrs. Darwin holding the pistol, and Mr. Darwin dead."
"You didn't see Mrs. Darwin go into the study?" questioned McKelvie.
"No, but I judged she had gone in when I heard the study door unlock.
You see, I did not know what might happen, especially when Mr. Davies said I had no proof that I wasn't in the study also, so I decided to have an alibi for the police. That's why I said I was on the stairs because then they would not know where I had really been. I didn't know that Mrs. Darwin had seen me."
"A good thing for you that she did see you," returned McKelvie grimly, "or you might be occupying that cell in her place."
Orton blanched like the coward that he was. "But--but, I'm innocent," he said, indignantly.
"Well, you wouldn't be the first innocent person to grace a cell, I a.s.sure you," retorted McKelvie dryly. "You have told us everything?"
"Yes, everything."
"Very well, then you can answer several questions. You are positive you heard the key turned in the study door when you stood in the hall at ten minutes to twelve?" continued McKelvie. "Remember I want facts, and not impressions."
"I am as positive as that I am sitting here. But it was more toward five minutes to twelve because I paused to ascertain if Mrs. Darwin was still in the drawing-room and I listened for a minute or two before I started for the dining-room," replied Orton with conviction.
"A minute is a good long while, longer than you think, Orton," returned McKelvie. "But that point is, after all, immaterial. We will say that somewhere between ten and five minutes to twelve the study door was unlocked from the inside," and he looked at me significantly.
If he was right in his premise, then the person who unlocked that door could have been none other than the criminal, for at ten minutes before midnight Philip Darwin was past unlocking doors! Yet it seemed a foolhardy thing to do, for any one then could have entered and discovered him. But, no, after all, it was the sensible thing to do from his point of view, since otherwise the prospective suspect would have been unable to enter the room. Then I looked at McKelvie with dawning horror in my eyes. The unlocking of that door could have meant only one thing, that the criminal knew Ruth was across the hall, and deliberately, cold-bloodedly, planned to saddle her with the murder of her husband!
"Why, McKelvie," I began, horrified, but he tread on my toe as if by accident, and I recalled hastily that we were not alone.
"Even if I had not heard Mr. Darwin unlock the door," continued Orton ingratiatingly, "he must have unlocked it at some time, for I heard him turn the key in the lock when I left him at eleven-thirty and the door was open when Mrs. Darwin entered the room. But, I know I'm not mistaken in saying that I heard it unlocked."
"How do you know that it was Mr. Darwin who unlocked it?" I asked injudiciously.
McKelvie frowned, but Orton answered without apparent suspicion, "He was alone in a closed room. Who else could have opened it, Mr. Davies?"
"No one, of course," I lied cheerfully, and subsided into the background, not wis.h.i.+ng to give Orton any further inkling of what we knew.
"When you came out into the hall the second time, you said that you heard no sound from either room. Did you open the study door even a crack that time by any chance?" resumed McKelvie.
"No. Again I feared to be seen. You see that all the lights in the room had been turned on," replied Orton.
CHAPTER XXIII
GRAMERCY PARK
Even McKelvie was taken aback by this statement, more so than I was, I could see, because he was firmly convinced that the criminal waited for Ruth in a darkened room. I stole a glance at Orton to see whether he was triumphing over us, but he was sitting in the same dejected att.i.tude and did not act at all as though he had made a remarkable declaration. Yet if he spoke the truth, he sent our theories tumbling about our ears like a house of cards from which one of the foundation units had been suddenly removed. If the study was lighted at that time, then Ruth must have seen the criminal, yet she had said she was s.h.i.+elding no one and I believed her. What paradox was this, then? Even McKelvie was puzzled.
"I wish I were sure you are speaking the truth," he muttered, looking at Orton in a reflective way.
"It is the truth. Why should I make it up? I applied my eye to the key-hole to make doubly sure, even when I saw the light s.h.i.+ning beneath the doorsill," said Orton, and there was no mistaking his sincerity and genuine surprise that McKelvie should doubt him.
"You did not chance to see anyone when you applied your eye to the key-hole?" went on McKelvie, putting aside his conjectures.
"No, I saw no one."
"You are acquainted with the details of Mr. Darwin's business, are you not?" McKelvie remarked, abruptly changing the subject.
"Yes, I'm conversant with a good deal of it," responded Orton.
"Is it true that he removed his securities from Cunningham's office and used them to speculate with?" continued McKelvie.
"I suppose so since the lawyer says it. I myself never even knew he had those securities. I attended strictly to his business in connection with the bank, answering letters, arranging committee meetings, taking notes of any agreements the directors came to, and so on. He speculated with his own private funds, and advised his brokers himself, so I know nothing beyond the fact that his transactions were large," answered Orton.
"You didn't hear any rumors that he was speculating in M. and R. stock, for instance?"
"Well, yes, he told me himself that he was going to take a chance on it," replied Orton after a slight hesitation.
"He didn't happen to mention that he was ruined, did he, on the afternoon of the seventh?" insisted McKelvie.
"Ruined!" Orton's eyes fairly popped with amazement. "No, I had no idea it was as bad as that."
"What do you mean?" asked McKelvie quickly.
"I was watching that stock go down, and when he came into the office that afternoon I asked him casually if he had invested. He said, 'Yes, heavily,' in a dull kind of voice, but I thought nothing more about it, because he was always pessimistic whenever he speculated and I also knew he was too cautious to put up more than he could afford. I can't believe he could have invested his whole fortune," and Orton shook his head with a shrewd glance at us.
"Rumors are apt to exaggerate," responded McKelvie lightly. "By the way, how much was his whole fortune?"
"I don't really know, but I believe he got quite a bit when he married Mrs. Darwin. At least I gathered as much from something she said to him one day when he had been particularly mean to her," explained Orton.
"Do you recall the exact words?" asked McKelvie, ignoring my frown.
"Not the exact words, but the sense of them," answered Orton with a smile. "She wanted to know if he hadn't humiliated her enough when he forced her to sign over to him her fortune, thus leaving her dependent upon him, and he replied with a sneer, 'That's all I married you for, my dear.'"
At that moment I rejoiced in the murder, and should have thought no ill of her if Ruth herself had done it. It was not murder but the justifiable removal of a venomous snake. I was beginning to regret I had not done it myself six months before when it first occurred to me as the only solution to our trouble.
"I think that is all then. Say nothing about our having been here, and I'll do the same with regard to your affairs. By the way, at the trial you may use the alibi you gave the police. You might find it awkward explaining why you lied to them." McKelvie rose as he spoke, and walked toward the door.
"You're not joking? I can give the same evidence I gave before?" gasped Orton incredulously.
"Yes, only take care not to trip yourself up under cross-examination, though I doubt if there is much danger from Mr. Vaughn. Why on earth did you pick that old fossil to defend her?" he continued, as we re-entered my car. "The prosecution will put it all over him from the start."
"I went to him because he was the only one I could think of at the moment, but he will not defend her himself, McKelvie. He will employ other counsel. Though I can't see that it matters much what kind of counsel we have or if we have any at all, for the prosecution has the facts while we have--mere theories," I returned gloomily.
"You're right. We have only theories and for a moment mine got a mortal blow when Orton said the study was lighted, for as near as I can figure that must have been just before Mrs. Darwin went in. Lord, if Grenville knew that fact he'd laugh in your face when you testify, as I presume you will, that the study was in darkness. Yes, and how much store would the jury set by Mrs. Darwin's account then?"
"Is that the reason you told Orton to repeat his evidence?" I asked.