Abigail Browining - Murder Most Merry

The police in the first prowl car on the scene got out a tarpaulin. A traffic policeman threw it over the body and herded the crowd back. They moved uneasily in the gray slush. Some of them looked up from time to time.

In the newspaper picture the window would be marked with a bold X. A dotted line would descend from the X to the spot where the covered body now lay. Some of the spectators, laden with tinsel-and evergreen-decorated packages, turned away, suppressing a nameless guilt.

But the curious stayed on. Across the street, in the window of a department store, a vast mechanical Santa rocked back and forth, slapping a mechanical hand against a padded thigh, roaring forever, “Whaw haw ho ho ho. Whaw haw ho ho ho.” The slapping hand had worn the red plush from the padded thigh.

The ambulance arrived, with a brisk intern to make out the DOA. Sawdust was shoveled onto the sidewalk, then pushed off into the sewer drain. Wet snow fell into the city. And there was nothing else to see. The corner Santa, a leathery man with a pinched, blue nose, began to ring his hand bell again.

Daniel Fowler, one of the young Assistant District Attorneys, was at his desk when the call came through from Lieutenant Shinn of the Detective Squad. “Dan? This is Gil. You heard about the Garrity girl yet?”

For a moment the name meant nothing, and then suddenly he remembered: Loreen Garrity was the witness in the Sheridan City Loan Company case. She had made positive identification of two of the three kids who had tried to pull that holdup, and the case was on the calendar for February. Provided the kids didn’t confess before it came up, Dan was going to prosecute. He had the Garrity girl’s statement, and her promise to appear.

“What about her, Gil?” he asked.

“She took a high dive out of her office window—about an hour ago. Seventeen stories, and right into the Christmas rush. How come she didn’t land on somebody, we’ll never know. Connie Wyant is handling it. He remembered she figured in the loan-company deal, and he told me. Look, Dan. She was a big girl, and she tried hard not to go out that window. She was shoved. That’s how come Connie has it. Nice Christmas present for him.”

“Nice Christmas present for the lads who pushed over the loan company, too,” Dan said grimly. “Without her there’s no case. Tell Connie that. It ought to give him the right line.”

Dan Fowler set aside the brief he was working on and walked down the hall. The District Attorney’s secretary was at her desk. “Boss busy. Jane?”

She was a small girl with wide, gray eyes, a mass of dark hair, a soft mouth. She raised one eyebrow and looked at him speculatively. “I could be bribed, you know.”

He looked around with exaggerated caution, went around her desk on tiptoe, bent and kissed her upraised lips. He smiled down at her. “People are beginning to talk,” he whispered, not getting it as light as he meant it to be.

She tilted her head to one side, frowned, and said, “What is it, Dan?”

He sat on the corner of her desk and took her hands in his. and he told her about the big. dark-haired, swaggering woman who had gone out the window. He knew Jane would want to know. He had regretted bringing Jane in on the case, but he had had the unhappy hunch that Garrity might sell out, if the offer was high enough. And so he had enlisted Jane, depending on her intuition. He had taken the two of them to lunch, and had invented an excuse to duck out and leave them alone.

Afterward, Jane had said. “I guess I don’t really like her, Dan. She was suspicious of me, of course, and she’s a terribly vital sort of person. But I would say that she’ll be willing to testify. And I don’t think she’ll sell out.”

Now as he told her about the girl, he saw the sudden tears of sympathy in her gray eyes. “Oh. Dan! How dreadful! You’d better tell the boss right away. That Vince Servius must have hired somebody to do it.”

“Easy, lady.” he said softly.

He touched her dark hair with his fingertips, smiled at her, and crossed to the door of the inner office, opened it and went in.

Jim Heglon, the District Attorney, was a narrow-faced man with glasses that had heavy frames. He had a professional look, a dry wit, and a driving energy.

“Every time I see you, Dan, I have to conceal my annoyance,” Heglon said. “You’re going to cart away the best secretary I ever had.”

“Maybe I’ll keep her working for a while. Keep her out of trouble.”

“Excellent! And speaking of trouble—”

“Does it show, Jim?” Dan sat on the arm of a heavy leather chair which faced Heglon’s desk. “I do have some. Remember the Sheridan City Loan case?”

“Vaguely. Give me an outline.”

“October. Five o’clock one afternoon, just as the loan office was closing. Three punks tried to knock it over. Two of them, Castrella and Kelly, are eighteen. The leader, Johnny Servius, is nineteen. Johnny is Vince Servius’s kid brother.

“They went into the loan company wearing masks and waving guns. The manager had more guts than sense. He was loading the safe. He saw them and slammed the door and spun the knob. They beat on him. but he convinced them it was a time lock, which it wasn’t. They took fifteen dollars out of his pants, and four dollars from the girl behind the counter and took off.

“Right across the hall is the office of an accountant named Thomas Kistner. He’d already left. His secretary, Loreen Garrity, was closing up the office. She had the door open a crack. She saw the three kids come out of the loan company, taking their masks off. Fortunately, they didn’t see her.

“She went to headquarters and looked at the gallery, and picked out Servius and Castrella. They were picked up. Kelly was with them, so they took him in, too. In the lineup the Garrity girl made a positive identification of Servius and Castrella again. The manager thought he could recognize Kelly’s voice.

“Bail was set high, because we expected Vince Servius would get them out. Much to everybody’s surprise, he’s left them in there. The only thing he did was line up George Terrafierro to defend them, which makes it tough from our point of view, but not too tough—if we could put the Garrity girl on the stand. She was the type to make a good witness. Very positive sort of girl.”

“Was? Past tense?”

“This afternoon she was pushed out the window of the office where she works. Seventeen stories above the sidewalk. Gil Shinn tells me that Connie Wyant has it definitely tagged as homicide.”

“If Connie says it is, then it is. What would conviction have meant to the three lads?”

“Servius had one previous conviction—car theft; Castrella had one conviction for assault with a deadly weapon. Kelly is clean, Jim.”

Heglon frowned. “Odd, isn’t it? In this state, armed robbery has a mandatory sentence of seven to fifteen years for a first offense in that category. With the weight Vince can swing, his kid brother would do about five years. Murder seems a little extreme as a way of avoiding a five-year sentence.”

“Perhaps, Jim, the answer is in the relationship between Vince and the kid. There’s quite a difference in ages. Vince must be nearly forty. He was in the big time early enough to give Johnny all the breaks. The kid has been thrown out of three good schools I know of. According to Vince, Johnny can do no wrong. Maybe that’s why he left those three in jail awaiting trial—to keep them in the clear on this killing.”

“It could be, Dan,” Heglon said. “Go ahead with your investigation. And let me know.”