Carolyn Wells - The Mark of Cain

“I did not.”

The answer was given in a careless, unconcerned way that exasperated the coroner.

“Can you prove that?” he snapped out.

Landon looked at him in mild amazement, almost amusement. “Certainly not,” he replied; “nor do I need to. The burden of proof rests with you. If you suspect me of having killed my uncle, it is for you to produce proof.”

Coroner Berg looked chagrined. He had never met just this sort of a witness before, and did not know quite how to treat him.

And yet Landon was respectful, serious, and polite. Indeed, one might have found it hard to say what was amiss in his attitude, but none could deny there was something. It was after all, an aloofness, a separateness, that seemed to disconnect this man with the proceedings now going on; and which was so, only because the man himself willed it.

Coroner Berg restlessly and only half-consciously sensed this state of things, and gropingly strove to fasten on some facts.

Nor were these hard to find. The facts were clear and startling enough, and were to a legal mind conclusive. There was, so far as known, no eye-witness to the murder, but murderers do not usually play to an audience.

“We have learned, Mr. Landon,” the coroner said, “that you had an unsatisfactory interview with your uncle; that you did not get from him the money you desired. That, later, he was killed in a locality where you admit you were yourself. That his dying words are reported to be, ‘Kane killed me! willful murder.’ I ask you what you have to say in refutation of the conclusions we naturally draw from these facts?”

There was a hush over the whole room, as the answer to this arraignment was breathlessly awaited.

At last it came. Landon looked the coroner squarely in the eye, and said: “I have this to say. That my uncle’s words, – if, indeed, those were really his words, might as well refer, as you assumed at first, to any one else, as to myself. The name Cain, would, of course, mean in a general way, any one of murderous intent. The fact that my own name chances to be Kane is a mere coincidence, and in no sense a proof of my guilt.”

The speaker grew more emphatic in voice and gesture as he proceeded, and this did not militate in his favor. Rather, his irritation and vehement manner prejudiced many against him. Had he been cool and collected, his declarations would have met better belief, but his agitated tones sounded like the last effort in a lost cause.

With harrowing pertinacity, the coroner quizzed and pumped the witness as to his every move of the day before. Landon was forced to admit that he had quarreled with his uncle, and left him in a fit of temper, and with a threat to get the money elsewhere.

“And did you get it?” queried the coroner at this point.

“I did not.”

“Where did you hope to get it?”

“I refuse to tell you.”

“Mr. Landon, your manner is not in your favor. But that is not an essential point. The charges I have enumerated are as yet unanswered: and, moreover, I am informed by one of my assistants that there is further evidence against you. Sandstrom, come forward.”

The stolid-looking Swede came.

“Look at Mr. Landon,” said Berg; “do you think you saw him in Van Cortlandt Park yesterday?”

“Ay tank Ay did.”

“Near the scene of the murder?”

“Ay tank so.”

“You lie!”

The voice that rang out was that of Fibsy, the irrepressible.

And before the coroner could remonstrate, the boy was up beside the Swede, talking to him in an earnest tone. “Clem Sandstrom,” he said, “you are saying what you have been told to say! Ain’t you?”

“Ay tank so,” returned the imperturbable Swede.

“There!” shouted Fibsy, triumphantly; “now, wait a minute, Mr. Berg,” and by the force of his own insistence Fibsy held the audience, while he pursued his own course. He drew a silver quarter from his pocket and handed it to Sandstrom. “Look at that,” he cried, “look at it good!” He snatched it back. “Did you look at it good?” and he shook his fist in the other’s face.

“Yes, Ay look at it good.”

“All right; now tell me where the plugged hole in it was? Was it under the date, or was it over the eagle?”

The Swede thought deeply.

“Be careful, now! Where was it, old top? Over the eagle?”

“Yes. Ay tank it been over the eagle.”

“You tank so! Don’t you know ?”

The heavy face brightened. “Yes, Ay know ! Ay know it been over the eagle.”

“You’re sure ?”

“Yes, Ay bane sure.”

“All right, pard. You see, Mr. Coroner,” and Fibsy handed the quarter over to Berg, “they ain’t no hole in it anywhere!”

Nor was there. Berg looked mystified. “What’s it all about?” he said, helplessly.

“Why,” said Fibsy, eagerly, “don’t you see, if that fool Swede don’t know enough to see whether there’s a hole in a piece o’ chink or not, he ain’t no reliable witness in a murder case!”

The boy had scored. So far as the Swede’s alleged recognition of Landon was evidence, it was discarded at once. Coroner Berg looked at the boy in perplexity, not realizing just how the incident of the silver quarter had come about. It was by no means his intention to allow freckle-faced office boys to interfere with his legal proceedings. He had read in a book about mal-observation and the rarity of truly remembered evidence, but he had not understood it clearly and it was only a vague idea to him. So it nettled him to have the principle put to a practical use by an impertinent urchin, who talked objectionable slang.

Judge Hoyt looked at Fibsy with growing interest. That boy had brains, he concluded, and might be more worth-while than his appearance indicated. Avice, too, took note of the bright-eyed chap, and Kane Landon, himself, smiled in open approval.

But Fibsy was in no way elated, or even conscious that he had attracted attention. He had acted on impulse; he had disbelieved the Swede’s evidence, and he had sought to disprove it by a simple experiment, which worked successfully. His assertion that the Swede had been told to say that he recognized Landon, was somewhat a chance shot.

Fibsy reasoned it out, that if Sandstrom had seen Landon in the woods, he would have recognized him sooner at the inquest, or might even have told of him before his appearance. And he knew that the police now suspected Landon, and as they were eager to make an arrest, they had persuaded the Swede that he had seen the man. Sandstrom’s brain was slow and he had little comprehension. Whether guilty or innocent, he had come to the scene at his wife’s orders, and might he not equally well have testified at the orders or hints of the police? At any rate, he had admitted that he had been told to say what he had said, and so he had been disqualified as a witness.

And yet, it all proved nothing, rather it left them with no definite proof of any sort. Fibsy ignored the stupid-looking Swede, and stared at the coroner, until that dignitary became a little embarrassed. Realizing that he had lessened his own importance to a degree, Berg strove to regain lost ground.

“Good work, my boy,” he said, condescendingly, and with an air of dismissing the subject. “But the credibility of a witness’s story must rest with the gentlemen of the jury. I understand all about those theories of psy – psychology, as they call them, but I think they are of little, if any, use in practice.”

“Oh, I wouldn’t say that,” said Judge Hoyt. “I find them very interesting. Do you always see things clearly, Terence?”

“It isn’t seeing clearly,” said Fibsy, with an earnest face, “it’s seein’ true. Now, f’r instance, Mr. Coroner, is the number for six o’clock, on your watch, a figger or a VI?”