LITMIR.BIZ

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played in an elaborate ornithological ballet of the “Follies,” in which each girl had been gowned to represent a variety of bird. To her had fallen the rôle[5] of canary; and her costume of white-and-yellow satin, together with her mass of shining golden hair and pink-and-white complexion, had distinguished her in the eyes of the spectators as a creature of outstanding charm. Before a fortnight had passed—so eulogistic were her press notices, and so unerringly did the audience single her out for applause—the “Bird Ballet” was changed to the “Canary Ballet,” and Miss Odell was promoted to the rank of what might charitably be called première danseuse[6], at the same time having a solo waltz and a song[7] interpolated for the special display of her charms and talents.

      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.

      My own participation in the investigation of the Canary murder case—or rather my rôle of Boswellian spectator—constituted one of the most memorable experiences of my life. At the time of Margaret Odell’s murder John F.-X. Markham was District Attorney of New York, having taken office the preceding January. I need hardly remind you that during the four years of his incumbency he distinguished himself by his almost uncanny success as a criminal investigator. The praise which was constantly accorded him, however, was highly distasteful to him; for, being a man with a keen sense of honor, he instinctively shrank from accepting credit for achievements not wholly his own. The truth is that Markham played only a subsidiary part in the majority of his most famous criminal cases. The credit for their actual solution belonged to one of Markham’s very close friends, who refused, at the time, to permit the facts to be made public.

      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.

      I kept a fairly complete record of the cases in which Vance participated as a kind of amicus curiae[8], little thinking that I would ever be privileged to make them public; but Markham, after being defeated, as you remember, on a hopelessly split ticket at the next election, withdrew from politics; and last year Vance went abroad to live, declaring he would never return to America. As a result, I obtained permission from both of them to publish my notes in full. Vance stipulated only that I should not reveal his name; but otherwise no restrictions were placed upon me.

      I have related elsewhere[9] the peculiar circumstances which led to Vance’s participation in criminal research, and how, in the face of almost insuperable contradictory evidence, he solved the mysterious shooting of Alvin Benson. The present chronicle deals with his solution of Margaret Odell’s murder, which took place in the early fall of the same year, and which, you will recall, created an even greater sensation than its predecessor.[10]

      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.

      At last, when a case of murder accompanying a hold-up and jewel robbery in one of the family hotels up-town was traced directly to plans and reparations made in one of the night clubs, and when two detectives of the Homicide Bureau investigating the case were found dead one morning in the neighborhood of the club, with bullet wounds in their backs, Markham decided to pigeonhole the other affairs of his office and take a hand personally in the intolerable criminal conditions that had arisen.[11]

      Chapter II. Footprints in the Snow

(Sunday, September 9)

      On the day following his decision, Markham and Vance and I were sitting in a secluded corner of the lounge-room of the Stuyvesant Club. We often came together there, for we were all members of the club, and Markham frequently used it as a kind of unofficial up-town headquarters.[12]

      “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.

      “Markham, you should have been a pedagogue. It’s positively amazin’ how you’ve mastered all the standard oratorical replies to criticism. And yet, I’m unconvinced. You remember the Wisconsin case of the kidnapped man whom the courts declared presumably dead. Even when he reappeared, hale and hearty, among his former neighbors, his status of being presumably dead was not legally altered. The visible and demonstrable fact that he was actually alive was regarded by the court as an immaterial and impertinent side-issue.[13]

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