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Ebook has 2192 lines and 83629 words, and 44 pages

First appearances deceive many: the intelligence alone perceives what has been carefully hidden in the recesses of the mind. --Phaedrus.

Introductory

Due to my peculiar relations with Vance it happened that not only did I participate in all the cases with which he was connected, but I was also present at most of the informal discussions concerning them which took place between him and the District Attorney; and, being of methodical temperament, I kept a complete record of them. It is fortunate that I performed this gratuitous labor of accumulation and transcription, for now that circumstances have rendered possible my making the cases public, I am able to present them in full detail and with all their various sidelights and succeeding steps.

In another volume--"The Benson Murder Case"--I have related how Vance happened to become involved in criminal investigation, and have also set forth the unique analytic methods of crime detection by which he solved the problem of Alvin Benson's mysterious murder.

S. S. Van Dine.

New York.

Characters of the Book

The "Canary"

Here, in a few commonplace words, is the bleak, unadorned statement of one of the most astonishing crimes in the police annals of this country--a crime so contradictory, so baffling, so ingenious, so unique, that for many days the best minds of the Police Department and the District Attorney's office were completely at a loss as to even a method of approach. Each line of investigation only tended to prove that Margaret Odell could not possibly have been murdered. And yet, huddled on the great silken davenport in her living-room lay the girl's strangled body, giving the lie to so grotesque a conclusion.

Her notoriety was due in part to certain legendary tales of her affairs with one or two obscure potentates in the backwashes of Europe. She had spent two years abroad after her first success in "The Bretonne Maid"--a popular musical comedy in which she had been mysteriously raised from obscurity to the rank of "star"--and, one may cynically imagine, her press-agent took full advantage of her absence to circulate vermilion tales of her conquests.

She had quitted the "Follies" at the close of the season, and during her subsequent spectacular career in the haunts of Broadway's night life she had been popularly and familiarly called the Canary. Thus it happened that when her dead body was found, brutally strangled, in her apartment, the crime immediately became known, and was always thereafter referred to, as the Canary murder.

This man was a young social aristocrat, whom, for purposes of anonymity, I have chosen to call Philo Vance.

Vance had many amazing gifts and capabilities. He was an art collector in a small way, a fine amateur pianist, and a profound student of aesthetics and psychology. Although an American, he had largely been educated in Europe, and still retained a slight English accent and intonation. He had a liberal independent income, and spent considerable time fulfilling the social obligations which devolved on him as a result of family connections; but he was neither an idler nor a dilettante. His manner was cynical and aloof; and those who met him only casually, set him down as a snob. But knowing Vance, as I did, intimately, I was able to glimpse the real man beneath the surface indications; and I knew that his cynicism and aloofness, far from being a pose, sprang instinctively from a nature which was at once sensitive and solitary.

Vance was not yet thirty-five, and, in a cold, sculptural fashion, was impressively good-looking. His face was slender and mobile; but there was a stern, sardonic expression to his features, which acted as a barrier between him and his fellows. He was not emotionless, but his emotions were, in the main, intellectual. He was often criticised for his asceticism, yet I have seen him exhibit rare bursts of enthusiasm over an aesthetic or psychological problem. However, he gave the impression of remaining remote from all mundane matters; and, in truth, he looked upon life like a dispassionate and impersonal spectator at a play, secretly amused and debonairly cynical at the meaningless futility of it all. Withal, he had a mind avid for knowledge, and few details of the human comedy that came within his sphere of vision escaped him.

It was as a direct result of this intellectual inquisitiveness that he became actively, though unofficially, interested in Markham's criminal investigations.

A curious set of circumstances was accountable for the way in which Vance was shouldered with this new investigation. Markham for weeks had been badgered by the anti-administration newspapers for the signal failures of his office in obtaining convictions against certain underworld offenders whom the police had turned over to him for prosecution. As a result of prohibition a new and dangerous, and wholly undesirable, kind of night life had sprung up in New York. A large number of well-financed cabarets, calling themselves night clubs, had made their appearance along Broadway and in its side streets; and already there had been an appalling number of serious crimes, both passional and monetary, which, it was said, had had their inception in these unsavory resorts.

Footprints in the Snow

"It's bad enough to have half the people in this city under the impression that the District Attorney's office is a kind of high-class collection agency," he remarked that night, "without being necessitated to turn detective because I'm not given sufficient evidence, or the right kind of evidence, with which to secure convictions."

Vance looked up with a slow smile, and regarded him quizzically.

"The difficulty would seem to be," he returned, with an indolent drawl, "that the police, being unversed in the exquisite abracadabra of legal procedure, labor under the notion that evidence which would convince a man of ordin'ry intelligence, would also convince a court of law. A silly notion, don't y' know. Lawyers don't really want evidence: they want erudite technicalities. And the average policeman's brain is too forthright to cope with the pedantic demands of jurisprudence."

"It's not as bad as that," Markham retorted, with an attempt at good nature, although the strain of the past few weeks had tended to upset his habitual equanimity. "If there weren't rules of evidence, grave injustice would too often be done innocent persons. And even a criminal is entitled to protection in our courts."

Vance yawned mildly.

"Why this academic dissertation?" asked Markham, this time a bit irritably.

"It seems to touch rather vitally on the source of your present predicament," Vance explained equably. "The police, not being lawyers, have apparently got you into hot water, what? . . . Why not start an agitation to send all detectives to law school?"

"You're a great help," retorted Markham.

Vance raised his eyebrows slightly.

"Why disparage my suggestion? Surely you must perceive that it has merit. A man without legal training, when he knows a thing to be true, ignores all incompetent testimony to the contr'ry, and clings to the facts. A court of law listens solemnly to a mass of worthless testimony, and renders a decision not on the facts but according to a complicated set of rules. The result, d' ye see, is that a court often acquits a prisoner, realizing full well that he is guilty. Many a judge has said, in effect, to a culprit: 'I know, and the jury knows, that you committed the crime, but in view of the legally admissible evidence, I declare you innocent. Go and sin again.'"

Markham grunted. "I'd hardly endear myself to the people of this county if I answered the current strictures against me by recommending law courses for the Police Department."

"Permit me, then, to suggest the alternative of Shakespeare's butcher: 'Let's kill all the lawyers.'"

"Unfortunately, it's a situation, not a utopian theory, that has to be met."

"And just how," asked Vance lazily, "do you propose to reconcile the sensible conclusions of the police with what you touchingly call correctness of legal procedure?"

"To begin with," Markham informed him, "I've decided henceforth to do my own investigating of all important night-club criminal cases. I called a conference of the heads of my departments yesterday, and from now on there's going to be some real activity radiating direct from my office. I intend to produce the kind of evidence I need for convictions."

Vance slowly took a cigarette from his case and tapped it on the arm of his chair.

"Ah! So you are going to substitute the conviction of the innocent for the acquittal of the guilty?"

Markham was nettled; turning in his chair he frowned at Vance.

"I won't pretend not to understand your remark," he said acidulously. "You're back again on your favorite theme of the inadequacy of circumstantial evidence as compared with your psychological theories and aesthetic hypotheses."

"Quite so," agreed Vance carelessly. "Y' know, Markham, your sweet and charmin' faith in circumstantial evidence is positively disarming. Before it, the ordin'ry powers of ratiocination are benumbed. I tremble for the innocent victims you are about to gather into your legal net. You'll eventually make the mere attendance at any cabaret a frightful hazard."

Markham smoked a while in silence. Despite the seeming bitterness at times in the discussions of these two men, there was at bottom no animosity in their attitude toward each other. Their friendship was of long standing, and, despite the dissimilarity of their temperaments and the marked difference in their points of view, a profound mutual respect formed the basis of their intimate relationship.

At length Markham spoke.

"Why this sweeping deprecation of circumstantial evidence? I admit that at times it may be misleading; but it often forms powerful presumptive proof of guilt. Indeed, Vance, one of our greatest legal authorities has demonstrated that it is the most powerful actual evidence in existence. Direct evidence, in the very nature of crime, is almost always unavailable. If the courts had to depend on it, the great majority of criminals would still be at large."

"I was under the impression that this precious majority had always enjoyed its untrammelled freedom."

Markham ignored the interruption.

"Take this example: A dozen adults see an animal running across the snow, and testify that it was a chicken; whereas a child sees the same animal, and declares it was a duck. They thereupon examine the animal's footprints and find them to be the web-footed tracks made by a duck. Is it not conclusive, then, that the animal was a duck and not a chicken, despite the preponderance of direct evidence?"

"I'll grant you your duck," acceded Vance indifferently.

"And having gratefully accepted the gift," pursued Markham, "I propound a corollary: A dozen adults see a human figure crossing the snow, and take oath it was a woman; whereas a child asserts that the figure was a man. Now, will you not also grant that the circumstantial evidence of a man's footprints in the snow would supply incontrovertible proof that it was, in fact, a man, and not a woman?"

"Not at all, my dear Justinian," replied Vance, stretching his legs languidly in front of him; "unless, of course, you could show that a human being possesses no higher order of brains than a duck."

"What have brains to do with it?" Markham asked impatiently. "Brains don't affect one's footprints."

"Not those of a duck, certainly. But brains might very well--and, no doubt, often do--affect the footprints of a human being."

"Am I having a lesson in anthropology, Darwinian adaptability, or merely metaphysical speculation?"

"In none of those abstruse subjects," Vance assured him. "I'm merely stating a simple fact culled from observation."

"Well, according to your highly and peculiarly developed processes of reasoning, would the circumstantial evidence of those masculine footprints indicate a man or a woman?"

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