SYNOPSIS Philo Vance, famous detective, and John ¥. X. Markham, district attorney for New York county are dining In Vance's apart. ment when Vance receives an anonymous telephone message informing him of a “dis. turbing psychological tension at Professor Ephriam Garden's apartment” advising that he read up on radio-active sodium, consult a passage in the Aeneid and coun seling that “Equanimity is essential." Pro- fessor Garden is famous in chemical re- search. The message, decoded by Vance, reminds him that Professor Garden's son Floyd and his puny cousin, Woode Swift, are addicted to horse-racing. Vance says that “"Equanimity’’ is a horse running next day in the Rivermont handicap. Vance is convinced that the message was sent by Dr, Siefert, the Gardens’ family physician. He arranges to have lunch next day at the Gardens’ penthouse. Vance is greeted by Floyd Garden and meets Lowe Hammle, an elderly follower of horse racing. Floyd ex- presses concern over Swift's queer actions, Mrs. Garden, supposedly ill, comes down- stairs and places a $100 bet on a horpe Gathered around an elaborate loud speaker service, listening to the racing are Cecil Kroon, Madge Weatherby and Zalia Graem, who bet varying armounts on the race. There is tension under the surface galety. Zalia and Swift are not on speaking terms. Kroon leaves to keep an appointment be- fore the race starts. Miss Beeton, a nurse, and Vance bet on "Azure Star.” Swift reck- lessly bets $10,000 on *“"Equanimity’” and goes to the roof garden to hear the results. Floyd follows Swift, remaining away sev- | eral minutes. Zalla Graem answers a | phone call in the den. Soon after the an- | nouncement that ““Azure Star” wins, the | guests hear a shot. Vance finds Swift | dead, shot through the head with a revolver nearby. He says Swift has been murdered. After calling the police, he finds the door of | a vault ajar. Kroon returns and is sharply questioned by Vance, who finds he had not left the building. Vance orders Miss Bee ton to guard the stairway and prevent Mrs. Garden and Zalia from viewing Swift's body. Floyd Garden admits the revolver belongs to his father. Further questioning by Vance | reveals that the revolver had been found recently by Zalia in the presence of the other guests. Floyd hints that Swift bet | so recklessly because of Zalla. Markham, | Sergeant Health and two detectives arrive, | Markham and Sergeant Heath scorn the | murder theory. CHAPTER VI—Continued wee Bee Markham meditated on this for several moments. “Still, Vance,” he said at length, “reasonable objections could be raised to all the points you have brought up. They are based almost entirely on theory and not on dem- | onstrable facts.” “From a legal point of view, you're right,” Vance conceded. ! “And if these had been my only reasons for believing that #2 crime had been committed, I wouldn't have summoned you and the doughty sergeant. But, even so, Markham, I can assure you the few drops of blood you see on the chap- pie’s temple could not have thick- ened to the extent they had when I first saw the body-—-they must have been exposed to the air for several minutes. And, as I say, I was up here approximately thirty seconds after we heard the shot.” “But that being the case,” re- turned Markham in astonishment, “how can you possibly explain the fact?” Vance straightened a little and looked at the district attorney with unwonted gravity. “Swift,”” he said, “was not killed by the shot we heard.” “That don’t make sense to me, Mr. Vance,” Heath interposed, scowling. “Just a moment, Sergeant.” Vance nodded to him in friendly fashion. “When I realized that the shot that wiped out this johnnie's existence was not the shot that we had heard, I tried to figure out where the fatal shot could have been fired without our hearing it below. And I've found the place. It was in a vault-like store-room—prac- tically sound-proof, I should say— on the other side of the passageway | that leads to the study. I found the | door unlocked and looked for evi- | dence of some activity there . . .” | Markham had risen and taken a | few nervous steps around the pool | in the center of the roof. “Did you find any evidence,” he | asked, ‘to corroborate your the- | ory?” | “Yes — unmistakable evidence.” | Vance walked over to the still fig- | ure in the chair and pointed to the | thick-lensed glasses tipped forward on the nose. ‘““To begin with, Mark- ham, you will notice that Swift's glasses are in a position far from normal, indicatin’ that they were put on hurriedly and inaccurately by someone else—just as was the head-phone.” Markham and Heath leaned over and peered at the glasses. “Well, Mr. Vance,” agreed the sergeant, “‘they certainly don’t look as if he had put "em on himself.” Markham straightened up, com- pressed his lips, and nodded slowly. “All right,” he said; “what else?” “Perpend, Markham.” Vance pointed with his cigarette. ‘The left lens of the glasses—the one furthest from the punctured temple —is cracked at the corner, and there’s a very small V-shaped piece missing where the crack begins— an indication that the glasses have been dropped and nicked. I can assure you that the lens was nei- ther cracked nor nicked when I last saw Swift alive.” “Couldn't he have dropped his glasses on the roof here?” asked Heath. ‘Possible of course, Sergeant,” Vance returned. “But he didn’t. 1 carefully looked over the tiles round the chair, and the missin’ bit of glass was not there.” Markham looked at Vance sh -ewdly. “2nd perhaps you know where it is." by S. S. VAN DINE Copyright 8. 8. Van Dine WNU Service ‘“Yes—oh, yes.” Vance nodded. “That's why I urged you to come here. That piece of glass is at present in my waistcoat pocket.” Markham showed a new interest. “Where did you find it?” he de- manded brusquely. “lI found it,” Vance told him, “on the tiled floor in the vault across the hall. And it was near some scattered papers which could easily have been knocked to the floor by some one falling against them." Markham's eyes opened incredu- lously. “I'm beginning to see why you wanted me and the sergeant here,” | he said slowly. “But what I don't | understand, Vance, is that second | shot that you heard. How do you | account for it?” Vance drew deeply on his ciga- | rete, ‘Markham,’ he answered, with | quiet seriousness; ‘‘when we know | how and by whom that second shot | —which was obviously intended for us to hear—was fired, we will know who murdered Swift , . .” At this moment the nurse ap-| peared in the doorway leading to | With her was Doctor | Doremus, and behind the medical | examiner were Captain Dubois and Detective Bellamy, the finger-print men, and Peter Quackenbush, the | official police photographer, Miss Beeton indicated our pres- | ence on the roof and made her way | back downstairs. ! Doremus acknowledged our joint a breezy wave of the hand. He made a cursory examination | bullet hole, tested the arms and | legs for rigor mortis, and then | swung about to face the rest of us. “Well, what about it?” he asked, in his easy cynical manner. “He's | dead; shot in the head with a small- caliber bullet; and the lead's prob- No exit Looks as if he'd decided to shoot himself. There's nothing here to contradict the assumption. The | bullet went into the temple, and is at the correct angle. Furthermore, He Made a Cursory Examination of the Limp Figure. there are powder marks, showing | that the gun was held at very close | range-—almost a contact wound, I singeing around the orifice.” Vance tock the cigarette from his mouth and addressed Doremus. “lI say doctor; speakin’ of the blood on the johnnie's temple, what would you say about the amount?” “Two damned little, I'd say,” bullet wounds have a queer way of acting sometimes. Anyway, there ought to be a lot more gore.” “Precisely,” Vance nodded. “My theory is that he was shot else- where and brought to this chair.” Doremus made a wry face. “Was shot? Then you don’t think it was suicide?” He pondered a moment. *‘It could be, of course,” he decided finally. “Find the rest of the blood and you'll probably know where his death occurred.” “Thanks awfully, doctor.” Vance smiled faintly. “That did flash through my mind, don't y' know; but 1 believe the blood v as wiped up. I was mereiy hopin’ that your findings would substantiate my the- ory that he did not shoot himself while sitting in that chair, without any one else around.” Doremus shrugged indifferently. “That's reasonable enough as- sumption,” he said. ‘There really ought to be more blood. He died instantly.” “Have you any other sugges- tions?" asked Vance. “I may have when I've gone over the body more carefully after these babies''—he waved his hand toward the photographer and the finger- print men—'"'finish their hocus-poc- us ” Captain Dubois and Detective Bel- lamy had already begun their rou- tine, with the telephone table as the starting-point; and Quackenbush was adjusting his metal tripod. Vance turned to Dubois. “I say, Captain, give your special attention to the head-phone, the revolver, and the glasses. Also the door knob of the vault across the hall in- side.” Quackenbush, his camera having been set up, took his pictures and then waited by the passageway door for further instructions from the finger-print officers. When the three raen had gone in- side, Doremus. drew in an ex- aggerated sigh and spoke to Heath impatiently. delicti over on the settee? to examine him there.” “0. K., Doc." body and placed it on the same wicker divan where Zalia Graem sight of the dead man. Doremus went to work in his usu- al swift and efficient fashion. When and made a brief report to Vance “There's nothing to indicate a vio- lent struggle, if that's what you're hoping for. But there's a slight abrasion on the bridge of the nose, the left side of his head, over the ear, which may have been caused by a blow of some kind, though the skin hasn't been broken.” “How, doctor,” asked Vance, with your findings-—that the man to a tiled floor, striking his head against it sharply, that his glasses off when the left lens came in contact with the floor, and that he was carried out here to the chair, and the glasses re- placed on his nose?" Doremus pursed his lips and in- clined his head thoughtfully. “That would be a very reasonable explanation of the lump on his head and the abrasion on the bridge of his nose . . So this is another of your cock-eyed murders, is it? Well, it's all right with me. But I'll tell you right now, you won't get an autopsy report tonight. I'm bored and need excitement; and I'm going to Madison Square Garden.” He made out an order for the re- moval of the body, readjusted his included all of us, and disappeared swiftly through the door into the passageway. Vance led the way into the study, and the rest of us followed him. We were barely seated when Captain Dubois came in and reported that there were no finger-prints on any of the objects Vance had enumerated. "Handled with gloves," he finished laconically, “or wiped clean.” Vance thanked him. the least surprised,” he added. Dubois rejoined Bellamy and Quackenbush in the hall, and the three made their way down the stairs. ‘Well, Vance, are you satisfied?” Markham asked, Vance nodded. *'1 hadn't expect ed any fingerprints. Cleverly thought-out crime. And what Do- remus found fills some vacant spots in my own theory. Stout fella, Do- remus, understands his business. He knows what is wanted and looks for it. There can be no question that Swift was in the vault when he was shot; that he fell to the floor, brush- ing down some of the papers; that he struck his head on the tiled floor, and broke the left lens of his glasses -you noted, of course, that the lump on his head is also on the left side— and that he was dragged into the garden and placed dred and twenty pounds; transported him after death . . ." Ephraim Garden. immediately from pictures I had seen, He was a tall man, despite his stooped shoulders; and, though he was very thin, he possessed a firm- ness of bearing which made one feel that he had retained a great meas- ure of the physical power that had obviously been his in youth. There was benevolence in the somewhat haggard face, but there was also shrewdness in his gaze; and the con- tour of his mouth indicated a latent hardness. He bowed to us with an old-fash- joned graciousness and took a few steps into the study. “My son has just informed me,” he said in a slightly querulous voice, “of the tragedy that has occurred here this afternoon. I'm sorry that I did not return home earlier, as is my wont on Saturdays, for in that event the tragedy might have been averted. I myself would have been in the study here and would probab- ly have kept an eye on my nephew. In any event, no one could then have got possession of my revolver.” “1 am not at all sure, Doctor Gar- den,” Vance returned grimly, ‘that your presence here this afternoon would have averted the tragedy. It is not nearly so simple a matter as it appears at first glance.” Professor Garden sat down in » ig of antique Workmanship near tightly, leaned forward. (TO BE CONTINU [& National Press Building = Washington.—The nation is contin- uing to witness labor disturbances of an exceedingly More Labor gerious character. Troubles Many persons thought when the big sit-down strikes in the automo- bile industry were settled without serious bloodshed that we were on the way out of labor trouble in this country. The feeling in this regard had some confirmation when the great United States Steel corpora- tion reached an agreement by which John L. Lewis and his faction of organized labor was recognized as the sole bargaining agency on wages for the greatest single unit of steel. Unhappily, those circumstances were not indicative of an end, They did not presage peace between labor and employers. The conflict is con- tinuing and, 1 believe, holds the elements of much more danger than we have yet experienced. Because of the conditions that are now ap- parent and those which happen to lie ahead, the recent speech by Ed- ward McGrady, Assistant Secretary of Labor, becomes both interesting and significant. Mr. McGrady, it will be remembered, made a speech at Atlantic City, New Jersey, in which he said boldly to the members of the garment workers union that if labor and capital both are to survive, there must be a sincere effort on the part of each group to under- stand the problems of the other. He reduced the differences between employer and employee to the sim- ple formula, namely, that represent. atives of each side, if they expect to do justice by their own people, things over honestly. terest in labor cannot be questioned. He is a former official of organized labor. During his term as Assistant Secretary he has been exceedingly active and earnest in his attempts to solve labor problems and bring about industrial peace. His efforts at conciliation cover the range from west coast to the more or less in- hundred employees in a hotel here in Washington. sume that any advice given by Mr. McGrady must Justice for the workers. Mr. McGrady believes that the employers to treat labor representa- tives as agitators are due to’ ig- norance. On the other hand, ference at least that he regards as irresponsible as some ployers. His view in this regard is indicated by the stress, the em- phasis, which he laid upon the im- portance of discipline among union members together with his assertion that labor must recognize the sancti- ty of its contract with the em- ployers just as much as the em- ployers must recognize the validity of their contract with labor. Mr. McGrady pointed out what losses result from shut downs or strikes and declared that the effi- ciency in production, whch the coun- try has a right to expect from in- dustry, cannot be achieved unless labor and capital work together. Further, the Assistant Secretary observed that ‘‘responsible labor leadership” must place efficiency and elimination of waste and loss among its objectives if organized la- bor is to achieve a worthwhile goal. - Ne * Mr. McGrady's exposition of his conception of relations between em- ployer and em- ployee comes as something of a ray of hope to the great masses of American citizens who are neither employers of labor nor members of labor unions. I have said in these columns before and 1 repeat that the tragedy of con- flict between employer and em- ployee, organized capital versus or- ganized labor, lies in the fact that there are millions of people in the role of innocent bystanders. They are the individuals who suffer most. It is inevitable that they must suffer because in a nation whose com- merce and industry is as complex as ours, every time capital or labor abuses the powers entrusted into its hands, those who are not members of either group pay a penalty which is not possible of measurement. This characteristic of life obtains not alone in the United States. It exists in every civilized country to the extent that that country is in- See Ray of Hope learned to respect his mental capa- city and his ability to foresee com- ing events. When he says, therefore, that labor and capital must be hon- est with each other, 1 cannot help feeling that Mr. Baldwin foresees the possibility of bloody clashes and unsound results in the offing, con- ditions that will flow from the abuse of power. Mr. Baldwin told the house of commons that: “You will find in our modern civilization, that just as war has changed from being a struggle between professional armies with civilians comparatively uninterested in it, so the weapons of industrial warfare have changed from arms that affected compara- tively small localized business into weapons that affected directly those who have no concern whatever with the issue except perhaps natural sympathy with their own class.” The British prime minister added that, under such circumstances, ‘the one thing we must pray for, not only in our statesmen, but also in trade union leaders and masters, is wisdom.” It seems to me that Mr. Baldwin's admonition can be ut- tered from high places in our Ameri- can government with a value just as important as he gave to his words. The fact that Assistant Secretary McGrady has been the only public official to speak so frankly and so alone has that he spoken. * » * Since there are ominous signs in a class struggle that unfortunately . has been promoted Nothing in this country, it Doing seems to me the attention of the people ought to be directed some- what more to conditions in congress. columns my fear that the current ing done nothing. Thus far, my fears Congress went into session in the week of January. To date, therefore, it has been in session five months. Its record of accomplish- bills, providing money for federal government depart. ments; the Guffey-Vinson little NRA coal law and the cash and carry I do not see how anybody can be enthusiastic about those accomplishments. Passage of appropriation bills is mere routine usually because in most cases they involve no controversial question at all. Passage of the neutrality act likewise was an action about which there could be little dispute even though there may have been plenty of grounds for disagreement over the type of law enacted. That leaves, therefore, only the Guffey-Vinson coal bill over which there could have been much delay in house or senate debate. All of this makes the picture look even worse for con gressional leadership. There is talk already about ad- journment of congress as soon as hot weather strikes Washington— and the temperatures can get very high and unpleasant. While this un- dercurrent of talk is not yet in an important volume, it emphasizes the fact that there is a growing body of legislators who see no possibility of accomplishing anything worth- while in the current session. But what are the reasons? Having gone rather thoroughly into this situ- ation, I think there are two factors to be considered. One is the lack of capacity of the leadership among both Democrats and Republicans and the other is traceable to the White House. President Roosevelt for four years has told congress what to do and to that extent has destroyed the initiative of the legisla- tors as a body and now that some members want to reassert the power of congress, the President's organized spokesmen appear not to know what to do. . * It may be said that the immediate cause of the failure of congressional leadership to get sulting from Mr. Roosevelt's pro- posal to add six justices of his own choosing to the United States Su- preme court. That statement, in my opinion, is only partially true. There are many senators and representa- tives, otherwise loyal to the Presi- dent, who now feel that the re-organization plan cannot But esm 8 oH & A General Quiz © Bell Syndicate, — INU Service. 1. Who would take over the du- ties of the Chief Justice of the United States if his office were to become vacant? 2. When did Magellan circum- navigate the globe and how long did it take him? 3. Was Washington President? 4. What is the average vi from a ship at zea? 5 How much silver has been mined in the world since the dis- covery of America? 6. What is a lee tide? 7. When the Supreme court was organized what was the average age of the justices? 8. How old is the Pasteur ment for rabies? Answers our first sibility treat- 1. In case of a y in the office of Chief Justice or of his inability to perform the duties and powers of his office, they shall de- volve upon associate justice, who is first in precedence, until such disability is removed or an- other Chief Justice is appointed or duly qualified. 2. He started in him 1,083 days. 3. Washington President because he was the first President elected under the Con- stitution of 1787; the Presidents who preceded him were simply presiding officers over the Con- tinental congress. 4. About ten miles. 5. Only enough to make a solid cube 115 feet square. 6. 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