The Perfume of Eros: A Fifth Avenue Incident

"Yes, if she had wanted. I wouldn't have stopped her. But I stood there and as the ship went out she waved her little hand at me and – and – "

"Do you remember the ship's name?"

But now Blanche was weeping profusely.

"No matter," said Peacock. "I can find out."

He did. He found out, too, that when Loftus was shot Marie Leroy was on the high seas. And there he was without a clue. What is worse, there was the eager public quite as deficient.

Yet though the clue which the girl represented was necessarily abandoned, there remained a theory. There remained even two theories. The first was robbery.

Loftus, when found, had about him not so much as a five-cent piece. The wad of bills which men of means are supposed to carry, and which, having credit everywhere, they never do, was absent. Absent too was the customary watch. The precise use which a man of means and particularly of leisure can have for a watch the police and press did not stop to consider. The absence of watch and money suggested a theory. That was enough.

The theory, however, like all theories, had its defects. Loftus had been found within the park, a few feet from the fence. The shooting might have occurred from without, but unless the assassin had a key or a ladder or a balloon or wings he could not possibly have got in to go through him. Eliminating ladder, balloon and wings, a key the assassin could not have had unless he were a resident in the neighborhood, the agent of a resident, or a caretaker of the park itself. People of this order are as eliminable as balloons and wings.

The theory therefore had its defects. It had, though, this in its favor – the lock of one of the gates might have been picked. It had something else in its favor. It suited the Loftus clan.

Mrs. Loftus, though childless now, was not otherwise alone. Behind her were all the Loftuses, a contingent of relatives socially eminent, ponderable politically, super-respectable, synonymous with the best. To them the death of Royal, however dismal, was not disgraceful – not disgraceful, that is, assuming that it was a footpad's work. On their escutcheon it put a mourning band but not a blackening blot. That blot they feared. They had cause to. The dark, donjuanesque story about Marie Leroy might have been followed by other stories darker still, dirtier if possible, that would begrime them all.

The footpad theory they accepted therefore at once. Had they been able, had circumstances favored them, had the man, for instance, been shot in some way or in some place unknowable to the police, they would have arranged to have had him die decorously, if suddenly, of some genteel complaint, of appendicitis or pleuro-pneumonia. Then there would have been no stories, no extras, no pictures, no notoriety, no fear of that blot.

The fear subsisting, they accepted the footpad theory, glad to find it ready-made, declining to consider any other, desisting from further effort, hushing the matter as well as they could, refusing, though urged, to offer a reward.

Yet, though the theory suited them it did not satisfy the public. It was too tame. They demanded something else. That demand the press, as was its duty, attempted to supply. Through methods unfathomably vidocqesque, the young gentleman connected with the Chronicle– one of the most enterprising sheets – discovered more about Loftus dead than Loftus living could himself have known. They discovered that in the panic he had dropped a bagatelle of five millions, and announced that he had committed suicide. But while at the autopsy it was not demonstrated that Loftus could not have shot himself, at the inquest it was shown that the obligatory instrument had not been found. Even to vidocqesque young gentlemen the suicide theory ceased then to appeal.

But that only deepened the mystery. To dissipate it and, at the same time, to display an endearing pro bono publicanism, the Chronicle offered a reward of five thousand dollars for such information as would lead to the arrest and conviction of the assassin.

Immediately there was a clue.

It was Harris who produced it. Under the guidance of a reporter he was led to the office of the Chronicle, where the young gentleman turned him over to the managing editor quite as though the clue were his own.

"Here, Mr. Digby, is a party that knows who shot Loftus."

Mr. Digby was a small man with a big beard, very well dressed, remarkably civil.

"Yes," he said. "And who did?"

"Mr. Arthur Annandale."

Mr. Digby smiled. He did not believe it. But it stirred him pleasurably. The Chronicle stood for the people. Annandale represented the predatory rich. Besides, it was in front of Annandale's house that Loftus had been found. At once he saw scoops, extras, headlines. Also the possible libel. Meanwhile at a glance he had taken Harris in.

"You are in his employment?"

"Yes, sir," Harris, amazed at such perspicacity, replied. "I am the butler."

"And you saw him do it?"

"No, sir, but I heard him say he would."

"When?"

"The night Mr. Loftus was shot."

"To whom did he say it? To you?"

"To Mrs. Annandale, sir."

"Oho! How was that?"

"It was after dinner, sir. I was in the dining-room. The second man was with me cleaning up. On the floor under the table he found a necklace. I took it in through the hall to the drawing-room. Mrs. Annandale was there with Mr. Annandale. When I was just at the door I heard him say, 'I'll kill Loftus.' I went in and gave him the necklace."

"But why?" Mr. Digby interrupted. "What was he going to kill him for? What was the motive?"

"Mr. Loftus had just gone, sir. He had been dining with us. He and several others."

"Well?"

"Well, sir, when I was in the hall I heard Mrs. Annandale say as how she wanted a divorce."

"Aha!" exclaimed Mr. Digby. "The plot thickens. Was she in love with Loftus?"

"She was that, sir. Anyone could see it."

"Then what?"

"Mr. Annandale went upstairs, came down again and went out."

"Did you attach any importance to his going upstairs?"

"He went to get his pistol, sir."

"Oho! He had a pistol, had he?"

"Yes, sir. A 32-calibre. I bought it for him myself."

"That is a very good story," said Mr. Digby, who was a judge.

CHAPTER VII

HELD WITHOUT BAIL

THE theories and clues in the now celebrated case Orr related to Sylvia one after another as they reached him through different channels. To the story of Marie Leroy she listened, her face averted, without a word. The footpad theory she dismissed. It was absurd. But the suicide theory impressed her. Even to her mind it was not logical. Loftus was too cavalier, too supremely indifferent, to make it plausible. On the other hand, it disposed of the whole matter. Moreover, as she put it to Orr, what is suicide but the sinful end of a sinful life? "Who knows," she asked, "what sudden remorse he may have experienced that last night when he was alone there in the park?"

"Suicide," Orr had replied, "is assassination driven in. It is the crisis of a pre-existing condition, a condition wholly pathological, one which remorse may complicate but which it cannot directly induce. There was nothing whatever the matter with Loftus. He may have been sinful, as you express it, but he was sound. Besides, the man had no more conscience than a tom cat."

Nevertheless Sylvia clung to the theory. She had no other. Hopelessly she hoped that time would verify it. But she suffered acutely. Orr's account of Fanny's attitude frightened her. What frightened her most was the tale that Harris told. The latter she learned from the press.

Meanwhile she had gone to Mrs. Loftus. The old lady had not recognized her, or, rather, had mistaken her for someone else. "My boy is away, Fanny," she said, her head shaking as she spoke. "He is away. I don't know where." She began to whimper.

Sylvia, too, had wept. It was pitiful. The proud, arrogant woman Fate had reduced to a cowering crone.

Meanwhile also Sylvia had tried to see Fanny. But at the hotel where Mrs. Price had been stopping she was informed that both were away. An address was given her to which she wrote. For a time no answer came. Finally from a different address Mrs. Price replied saying that Fanny was ill and asking that their whereabouts be a secret. In spite of the little threat Fanny was not anxious to be subpœnaed.

But that was much later, long after Harris had told the story which Mr. Digby declared to be very good.

This opinion, editorial and offhand though it was, was immediately and officially indorsed. For the story had a double merit. It supplied not merely a clue but a case. A very clear case, too. There was the antecedent threat, the opportunity, the instrument, everything even to the motive which was reasonable enough. The inevitable ensued. Annandale, arrested, was held without bail.

At the news of that Sylvia shuddered. Time touched her. Her eyes ringed themselves with sudden circles. The shuddering passed, but the rings remained. She became whiter, harder, more resolute, divining dimly that somewhere, somehow, there was a duty to be performed. What the duty was to be the press disclosed. Against Annandale was public opinion. There he was convicted instanter. At the injustice, or what seemed to her the injustice, of that she revolted.

But Orr, whom Annandale had immediately retained, dosed her with a platitude. "Public opinion be hanged," he said. "What is it but the stupidity of one multiplied by the stupidity of all. Vox populi, vox stulti. The majority is always cocksure and dead wrong."

In spite, though, of general stupidity there were people sufficiently indulgent to accord Annandale the benefit of extenuating circumstances. The reputation of Loftus, which left rather a little to be desired; the coupling of his name with that of Annandale's wife; the report that for his sake the latter had been preparing to leave her husband; the further report that for the convenience of both Marie Leroy had been shipped abroad; these things reduced the case in the minds of the indulgent to what the French call a crime passionnel, and which, as such, is psychologically and even legally defensible.

But French views are not our views. Besides, admitting their validity, that validity was impaired by the attitude which Annandale assumed. He omitted to admit, and thereby for the time being waived the right to plead, the circumstances advanced in his justification. When charged had he said, "Oh, yes, I did it, and so would you or any other man," there, don't you see, might have been an excuse. But not a bit of it. Up and down he denied that he was the culprit.

A denial such as that has, though, its merits. It puts on the prosecution the burden of proof. Moreover, if you have done anything you should not have it is only common sense to say that you have not done it, to say it in spite of facts, in spite of evidence, in spite of everything and everybody. For if you own up, there you are, while if you don't then no matter what is advanced you may succeed in raising a doubt and in planting it among the jury. But in this case the denial was more serviceable than ordinarily it might have been for the reason that thus far no one had been produced who could say they had been about while Annandale was at it.

These points Orr set before Sylvia. The sophistry of them displeased her. She did not like it, and said so.

"It will get him off, though," Orr confidently replied. "Unless," he hastened to add, "a witness to the act itself should pop up. Then, barring a miracle, he is a goner. But otherwise I will get him off. It may take a year or two, but I'll do it."

"I don't want you to get him off," Sylvia scornfully retorted. "I want him vindicated."

"You see, though," Orr with unruffleable calm continued, "if a witness should pop up, a witness, let us say, whom I cannot discredit, vindication will be difficult. It will be difficult to make twelve imbeciles in a pen believe that when Annandale shot Loftus – "

"He never shot him," Sylvia cried.

"My dear cousin," Orr with the same unruffleable calm pursued, "the beauty of your faith is wonderful. You must come to court and inject it among the jury. Faith that used to move mountains may yet move men. But I doubt it. I doubt that it could make them credit the incredible, the fact patent to me as it should be to you, that though Annandale shot Loftus he was, and for that matter still is, totally unconscious of it."

"He never shot him."

"My dear Sylvia, forgive me. He did. Though what I can say for him and, if needful, I shall say, is that he did not mean to. The intent is the essence of crime. There was no intent here. Of his own free will the man would not hurt a fly. But that night he was not a free agent. He was not even a conscious agent. Of all the cells of his brain but one was awake. In that cell was an incitement inciting him to kill. When the other cells awoke that one cell fell asleep. It has been dormant since then. Only through hypnosis could it awaken. In the interim he knew no more than a somnambulist what he was about. His condition, though, was not somnambulistic, it was a case of psychical epilepsy, a malady superinducible in certain natures by various poisons, of which anger is one and alcohol another."

Orr paused. He looked at his cousin. Incredulity, something else besides, was in her face. He affected not to notice it. "Now," he ran on, "go with a story like that to the average jury. Of course, if need be, I shall have experts, the very best experts, to substantiate it. But the prosecution will have other experts, experts who will be just as good, to deny the possibility of any such thing. In that event it will be only a pleasure to mix them up a bit and to show by their own testimony that they know no more than the law – I don't say allows but – pays them for. Do you mind if I smoke?"

They were seated in the sombre parlor in Irving Place. Meditatively Orr lit a cigarette. Meditatively Sylvia contemplated him.

"Would it not be better," she presently asked, "to show that Loftus committed suicide?"

"Yes, in the event that the pistol is found. It is rather late, though, for that."

Sylvia bent forward. "Melanchthon," she said, "I have heard you say – have I not – that everything is possible?"

"Indeed you have and you will hear me again."

"Then why not ask Miranda?"

Orr looked about for a cendrier; finding one he put his cigarette in it. "You mean the medium. Do you know, I would in a minute, were it not that it will be a long time, perhaps years, before she or any other spook could call Loftus up. When a man is snuffed out as abruptly as he was, he is so stunned and confused that it is quite a while before he can sufficiently collect his wits to reply to any communications from these latitudes. It is tedious that it should be so. The spirit world needs remodeling. But there you are. By the way, where are you to be this summer?"

Sylvia made a gesture. She did not know. It was then June. Fashion had fled. Fifth avenue was empty. The town was an oven. In that oven the girl would have preferred to remain. But at the preference her mother had rebelled. Against Newport Sylvia had rebelled also. She was in no mood for its gaiety. Finally a little place on Long Island suggested itself. Ultimately there they went.

It was in this place that Sylvia heard from Mrs. Price of Fanny's illness. Fanny had disappointed her exceedingly. That she could have so much as contemplated the step which she had in view seemed to Sylvia unspeakable. Her threat, too, in regard to testifying against her husband was in the circumstances but a flagrant avowal of love for the other man. Yet, for that love, how had she been punished! Perhaps now she repented of it. Perhaps now in her illness she needed someone to whom she could unburden her heart. At the thought of that Sylvia wrote at once to Mrs. Price asking might she not come to her. But to this Mrs. Price replied that Fanny after an attack of nervous prostration was now down with typhoid, though with every prospect and assurance of recovery. When she was up again, then, if Sylvia would come, it would, Mrs. Price added, be nice of her.

There is a saying trite yet true that we should hasten to cherish those whom we love lest they leave us forever before we have loved them enough. There is another saying less true and more trite that of those that do leave only good should be said. To Sylvia presently these sayings recurred. Two days after the receipt of the letter from Mrs. Price she read in the papers that Fanny was dead.

The paper fell from her. For an hour, which passed as only such hours do pass, incomprehensibly, without consciousness of time, she sat, still and stricken.

Through raveled skeins of thought of which the tangled threads refused to wholly straighten, she blamed herself for all that had occurred. Not indeed for Loftus. The man, his life, his death, everything concerning him was abhorrent to her. Of him, other than that pity which can mingle with disgust, she had no concern whatever. But when she should have stood most steadfastly by Annandale she had turned from him. Had he not implored her forgiveness, and did she not know that all that God requires is that forgiveness be asked? But no. She had been too proud and that pride she had nursed until it was too late, until Annandale had married, with this double tragedy for climax.

It was all her fault, Sylvia told herself. All her own. Had she not abandoned Annandale he would have had no cause to threaten, Fanny would have lived, there would have been no shock to debilitate her and leave her a prey to disease. Fanny's death was at her door.

Companioned by these thoughts for an hour she sat, still and stricken. When she aroused herself it seemed as though before her two figures stood. One said "I am Duty," the other, "I am Grief."

A message from the latter she imparted to Mrs. Price. Many messages not similar but cognate that lady received. Fanny had been very popular. Her popularity the rumor connecting her with Loftus had necessarily impaired. The arrest of her husband for shooting the man, and for shooting him, as it was generally understood, on her account, impaired it still more. In the upper circles the scandalous may be relished, but it is not indorsed. Had Fanny lived, those circles would have visited their displeasure in not visiting her at all. But death is a peacemaker. It comes and where there was war is a truce. By the worldly Fanny was immediately forgiven and by them as quickly forgot.

It was in July that she died. In September Sylvia returned to town. At once she asked Orr to arrange for her a visit to Annandale in the Tombs.

To that he objected. "You know," he said, "that you will have to testify against him."

"Against him!" Sylvia repeated with an air of utter surprise.

"Why, yes. He was here that night. He has admitted it. You will be asked to tell what he said."

In Sylvia's eyes both disdain and acquiescence surged. "And what of it?"

"But," Orr exclaimed, "there is the threat. He made it in the presence of Harris and repeated it in yours."

"He did nothing of the kind."

"But you told me so."

"You are mistaken. I know nothing of any threat whatever."

"Oh," said Orr with a bow, "this is magnificent."

But he meant heroic. In view of the girl's nature it was certainly that. What is more, it was helpful. With Fanny out of the way, the only one left that could testify to any threat was Harris, and Annandale's word was quite as good as his, better even, for the value of the servant's testimony would be weighed in scales in one of which would be the Chronicle's dollars.

Orr said as much to Sylvia, but apparently his views did not seem to her very novel. It became obvious to him that she had thought it all out for herself.

"Besides," she presently and irrelevantly continued, "I am to blame. If I had not been stupid with him, there would have been nothing to threaten about."

That, Orr thought, was rather putting the dots on the i's. But he did not mind. He was pleased with her. His respect for her had increased. Had she been the kind of a cousin to permit such a thing there and then he would have kissed her.

Yet some reward he felt was her due. As a result the interview which she asked he presently arranged. Under conditions which to her were as tragic as they were humiliating she saw Annandale in the visitors' room at the Tombs. The room itself was not absolutely appalling, and though there was a keeper present, he was quite out of earshot, very oblivious, extremely civil and, parenthetically, handsomely paid.

Orr awaited her at the door. When she rejoined him her eyes were wet.

Orr looked at her. A little tune occurred to him. "Sylvia, Sylvia, I'm a-thinking – " But after all, he reflected, Fanny is dead.

Instantly the girl reddened and very distantly, her head in the air, announced, "We are betrothed."

"Ah," said Orr, "ah, indeed! The engagement will be rather long, I fear."

"Oh, Melanchthon, don't say that. Arthur is as innocent as you are. I know you don't believe it, but – "

Orr interrupted her. "It is not a question of what I believe. Independent of your interest in the man he is my client. I owe him a duty. That duty is to get him off, or to do my best to."

"I know you will," Sylvia fervently replied; "I feel it. So does Arthur. Besides, the only one we have to fear is Harris."

Orr smiled grimly. "Harris, I understand, is not very well."

"Not well? What do you mean?" the girl wonderingly inquired.

"I mean," he enigmatically answered, "that next week when I have him on the stand I propose to give him a little medicine."

Then he smiled again, grimly as before, with an air of personal satisfaction.

CHAPTER VIII

THE DEFENDANT TO THE BAR

"HATS off!"

Through the great white room the cry vibrated, followed instantly by another:

"Hear ye, hear ye, all ye having business with the Court of the General Sessions of the City and County of New York, draw near, give attention and ye shall be heard."

Within the Bar, restless as hyenas awaiting their prey, roamed the district attorneys. Against that Bar, crouching there, were Orr and his associate counsel, restless too, but prepared to spring. To the rear were reporters, the flower of newspaperdom, handsome young men dressed to the ears in resplendent collars and astounding cravats. Back of them were the spectators, a solid mass, ladies of every degree except the high one and, with or without them, men whom you would recognize as first-nighters, others whom you would not recognize at all. To the right of the Bar were witnesses for the prosecution, experts in various matters of which gastronomy evidently was one. To the left was the jury, and above, beneath the amber panoply of the Bench, the Recorder sat, an ascetic Solon.

The atmosphere of the room, high ceiled, close packed, was Senegambian. Without you could see, within you could feel, the heat and eagerness of the autumnal sun.

"Arthur Annandale to the Bar!"

Into the court, as though it were a theatre, the defendant strolled, perfectly groomed, the Tombs pallor on his face but none of its dust on his coat, an air of tranquil boredom about him. At his heels was a keeper. He shook hands with Orr, sat down beside him, turned and gave his hat to the keeper, turned again and looked over to a gated inclosure at the right of the Bench where, in a sort of proscenium box, Sylvia sat with her mother.

The entire settings were those of a play. With this difference, it was real, a drama of mud and blood without orchestral accompaniment. After months of preparation, after days of talesmen baiting, on this Indian Summer forenoon the curtain was rising. The jury it had been a job to get. A full hundred were examined, cross-questioned, challenged and rejected before the dozen were boxed. When the last, the twelfth, a cadaverous individual, was accepted the stage was set.

"May it please the Court; Mr. Foreman and gentlemen of the jury."

With three bows and these rituals, Peacock opened for the State, outlining the case of the People, describing the crime, detailing the motive, summarizing the evidence, expressing the wish that the jury would believe the defendant innocent until his guilt had been proved, but declaring that, personally, for his own part, of that guilt he was thoroughly convinced.