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FIFTH INSTALMENT
SYNOiPSIB: A card game Is in
session in Elmer Henderson's
penthouse atop a New York sky
scraper. The players are: Hender
son, Police Inspector, Flaherty,
Martin Frazier, Archie Doane,
Max Michaelis and his friend,
Williams, a stockbroker.
They are waiting for Stephen
Fitzgerald. When he fails to ap
pear, a telephone calls bring the
information that he is out with a
girl. Fitzgerald and Henderson
are both romantically interested
in Lydia Lane, the famous act
ress, but Archie Doane reveals
that she is engaged to marry him.
Doane leaves the party early
when Fitzgerald fails to appear. A
short time later he telephones In
spector Flaherty with the frantic
news that he has found Fitzger
ald and Miss Lane dead in Lydia
Lane's penthouse apartment.
When Flaherty and the medical
examiner reach the apartment,
they find that Miss Lane is still
alive. She is rushed to a hospit
al where blood transfusions and
care promise to restore her.
"I opened that door and went
out on the roof and around the
elevator shaft to the door of Miss
Lane's bedroom. You will find my
footprints in the snow. The shades
were drawn on both the windows
and the glass door, but I could
see that there was a light inside.
I tapped loudly on the glass, but
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received no response. Then I tried
that door, and found it unlocked.
"I opened the door and saw the
bodies of Miss Lane and Stephen
Fitzgerald lying Just where you
saw them!
"You can imagine the agony of
my first thoughts. I did not at
once perceive that they were dead;
they seemed merely asleep. I clos
ed the door softly and backed out
on to the roof. My first impulse
was to steal quietly away to
hide from the shame my betroth
ed had brought upon me. God for
give me for the thought! It was an
echo of the jealousy I had been
harboring all the evening, jealousy
born of fear of Fitzgerald.
"For the moment I had forgot
ten Lydia's terrified call over the
telephone. Then my mind cleared
and I realized that a terrible
tragedy had occurred. I reentered
the bedroom and my worst fears
were verified when I saw the bul
let wound in Lydia's arm, the
blackened hole in Fitz's bosom.
"I reeled and felt as if I were
about to faint, for a moment.
Then I pulled myself together and
tried to discover whether either
was still alive. Both were appar
ently dead.
"My first conclusion was that
Fitz had shot Lydia and then
killed himself, rather than let her
marry me. I saw no weapon,
however, and the idea of suicide
did not fit with Fitzgerald's char
'acter and temperament. Someone
RAX WJCW IMBUNE. ELKIN. NORTH CAROLINA
else must have come upon them
and killed them both.
"I considered my own position.!
The case against me was clear, i
had thought at first of running to
the streer and calling in the near
est policeman. But if I did that
and anything should slip—some
one else should come to the apart
ment, Miss Lane's maid return
and find the bodies there—my de
parture might easily be interpret
ed as the beginning of a flight
from the scene of my crime.
"I discarded that idea, and tel
ephoned at once to lElmer Hen
derson's rooms, to.
Inspector Flaherty. I noticed then
that the elephone receiver was not
on the hobk but hanging from its
cord.
"Between the time when I tele
phoned the Inspector and the ar
rival of the detective with the
Medical Examiner I was careful to
disturb nothing in the apartment,
but made as good a search as I
could without touching anything,
in the hope of finding the pistol.
I found nothing. I understand
your detective has found no wea
pon?
"I had no means of telling how
long Fitz had been lying there.
Trying to figure it out, I came to
the conclusion that he must have
been shot early in the evening,
and that Lydia, coming in late,
had just discovered his body when
she telephoned to me. She might
have come first into the studio—
this room—then -gone into her
dressing room and slipped into a
kimono, and entered the bedroom
to find Fitz's body on the floor.
But that, of course, does not ac
count for her own wound."
The Medical Examiner was the
first to speak after Doane had
finished his statement.
"It is impossible that Miss Lane
may have been shot several hours
ago," he said, "and her statement
when and if she recovers con
sciousness, will help us on that
point. But the man had been dead
not more than an hour, I should
say not much more than half an
hour, when I arrived. He could
not possibly have lived fifteen
minutes with that'bullet through
his heart. That negatives your
suggestion, I think."
Martin Frazier had come back
from the telephone while Archie
Doane was making his statement.
"I got Carrel out of bed and he's
on the way to Roosevelt Hospital
now," he said. "If anyone can pull
Miss Lane through he can.
"I called up Henderson, too," he
added, and gave him a report of
the situation. He seemed overjoy
ed to learn that Miss Lane was
still alive, and asked me to give
you a word of sympathy and en
couragement, Archie." ,
"Good of him," said Doane.l
"Can't I be of service at the hos
pital? Blood transfusion, you
said? HI give every drop in my
body."
"They have a number of per
sons available whose blood has
been analyzed and tested for just
that purpose," said the Medical
Examiner. "It would take twenty r
four hours to determine whether
it would be safe to use yours, and
by that time Miss Lane will eith
er be out of danger or—"
"I hope she'll be able to talk."
interrupted Inspector Flaherty.
"Then we'll have something def
inite to go on. Meantime, we must
see what we've got here."
"Meantime, I'm under arrest, I
suppose?" said Doane.
"Not yet, my boy," said the In
spector. "Stick around, though.
There'll be plenty of questions to
ask you. lie down, if you like, on
the sofa, and rest your nerves. I'll
call you if I want you.
• "Gentlemen," he said to the
others, "I'm going to push this in
vestigation through as fast' as
possible. I propose to stay here un
til daylight, if necessary, to dis
cover everything which the inani
mate evidence can tell us. You,
Max, and Martin, can stay or not,
as you like."
"I'm going to stay," said Max
Michaelis, and Frazier nodded his
decision to do the same. "One or
two questions I'd like to put to
Archie before we do anything
else," the lawyer went on.
"You say you came to the con
clusion that Fltz must have been
shot early in the evening. I wish
you'd give us your process of
reasoning that led to that conclu
sion." .
"lt was the snow that made me
think of that," replied Doane. "It
began to snow after eight o'clock
I know it had not begun when I
got to Henderson's. It stopped
snowing before eleven o'clock, for
the sky was clear when I left my
rooms to come up here."
"Verify the time of the snow
from the Weather Bureau, Tony,"
interposed Inspector Flaherty.
"Go on, Archie; I begin to get
your drift.
"Well, look at Fitzgerald's shoes.
From where I sat, most of the
time on the stool by the telephone
stand, I could see the soles of
them plainly. There are no over
shoes or galoshes anywhere that
I looked. A man wouldn't come
out in thin patent leather shoes
without overshoes if there were
snow on the ground, it is likely.
And there isn't a sign of moisture
on Fitz's shoes. Therefore, he must
have come here before the snow
began."
"That sounds reasonable, but it
doesn't prove that he was shot be
fore the snow began," Inspector
Flaherty objected.
"I realize that my theory is all
wrong," said Doane. "What the
Medical Examiner has told us
proves that. I was merely telling
how I had come to the conclu
sion that he had been shot some
time before the snow began. If I
didn't shoot him —which I didn't
—Miss Lane didn't shoot him
which I don't believe—then he was
shot, I figured, by some one who
came into the apartment surrep
titiously the way I came and
there were no tracks in the snow.
"Look out on the rear roof gar
den now, and you will find my
tracks, but no others."
"Someone might have been hid
ing in the apartment, a burglar
lying in wait, for example. He
might have slipped out the front
door of the apartment and down
the stairs or the elevator while
you were making up your mind to
go in the back way," said Inspec
tor Flaherty. "It's no good theor
izing, but let's get down to the
facts.
"First we'll look at the front
door."
The door opening from the ele
vator landing into the foyer of
Miss Lane's apartment proved to
be equipped with two locks; one
the regular Yale lock provided by
the owners of the building, the
other a special burglar-proof lock,
which could not be fastened au
tomatically by the closing of the
door but had to be locked with a
key from the outside or by means
of a knob inside.
"No sign of the lock being
tampered with or the door forc
ed," Inspector Flaherty admitted,
after a careful inspection. "This
door was locked, you say, Archie
when you arrived. Do you know
whether both locks were on?"
"Yes; because I had to use two
hands to open the door when
your men arrived," replied Doane,
after a moment's thought.
"Well, we'll see what other ways
anybody could get In," the In
spector went on. He opened the
French door at the front of the
studio. The snow on the sills of
the windows and the door, and
on the little stretch of roof gar
den thus disclosed was level, fluf
fy and unbroken. A little ridge of
snow fell inward from the door
sill.
"•'Nobody has come in this way
since the snow began," said the
Inspector. "There isn't any way
for anyone to get in from the
front except by climbing the build
ing, that I can see."
"Or over this penthouse roof
above us," suggested Frazier,
"and the snow on the edge of that
is undisturbed too."
"Before we look over the back
roof," said Max Michaelis, "let me
ask Archie a question or two. I
think I know the answers, but I
want to get them in the record.
"Archie, do you own a pistol?
Did you ever own a pistol?"
"Never," replied Doane. "I'm
afraid of the things."
"You have had to handle pis
tols in your professional work as
an actor haven't you?"
"Yes; in fact I have to use one
it& the picture I am now making."
"Where is that pistol? Do you
know?"
"In the property room at the
Highart studio, as far as I know."
"When did you see it last?"
"A day or two ago; Thursday, I
think, we shot the last scene in
which I am supposed to use it."
''What sort of a pistol is it? A
revolver or an automatic?"
"It's a revolver, nlckle plated
with a pearl handle, in the pic
ture I am supposed to shoot a
burglar with it."
"Do you icnow the caliber—the
size of the bore?"
"I think it is what they call a
thirty-two,"
"Did you ever fire that pistol?"
"Only once. That was in the
( studio last Thursday."
I "Is this picture you are work
'ing in a sound picture?"
I "Yes."
"Were any precautions taken to
soften the sound of the shot?"
j "Yes; there was a silencer on
.the weapon."
j "At whom were you supposed
to fire the pistol?"
> "At Stephen Fitzgerald. He was
'directing the picture and also
! playing the part of the burglar/'
"Did you load the pistol your
self when you fired it?"
"No; the property man loaded
it, I suppose."
"If you had desired to kill Ste
phen Fitzgerald, could you have
substituted a loaded cartridge for
the blank cartridge used in the
picture and so have made it ap
pear an accident?"
Continued Next Issue
Tongue Parched
"I hear there is drought in your
village?"
I "Drought! Everything is dried
[up. My brother sent me a letter,
and, would you believe it, the
stamp was put on with a safety
pinl"
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8-13 Clerk of Superior Court.