THE PEOPLE AGAINST NANCY PRESTON JOHN A. MOROSO THE PEOPLE AGAINST NANCY PRESTON THE PEOPLE AGAINST NANCY PRESTON BY JOHN A. MOROSO AUTHOR OF 'TH* CITY or SILENT MEN" NEW YORK HENRY HOLT AND COMPANY 1921 COPYRIGHT, 1021 BY HENRY HOLT AND COMPANY PRINTED IN TK.B U. B. />. CHAPTER I "T 71 THEN does this here Mike Horgan get out, VV Agnes?" James Tierney, Incorporated, formerly known in his old police headquarter days as Bonehead Tierney or Solid Ivory, pawed a bristly reddish-white mus- tache as he sat at his desk in his suite high above downtown New York, the guardian of the riches of as profitable a clientele as ever a private detective might desire. Some paunchiness had come with the years of fat living and there was a heave and roll above his collar in the back as a collop sought release from the conventions of dress ; yet his blue eyes were as keen as ever, the strength of his jaw showed beneath the plumpening cheeks and his interest in the game of man-hunting was never so great. Agnes Doherty placed before him a loose-leaf book of record. He turned to the H's and read: " 'Hor- gan, Michael, Burglar. Second Term.' I was sure his time was about up, ' ' he said as he made a memo, on a calendar before him. The sunshine of an early spring day filled the south windows of his private office on the twenty-third floor 3 2137391 4 NANCY PRESTON of the Eagle National Bank Building in Nassau street. As he swung about in his chair from the flat-top desk he gazed reflectively out over the tip of Manhattan Island, nosing its way between the two rivers into the sunlit bay like a great horned lizard. His heavy eyelids dropped and from one of the cortices of a camera-like brain came the picture of a tall, dark-complexioned man with deep-set gray eyes, narrow and aristocratic features and lips hinting a smile. A voice, too, came up to him from the well- ordered depths of his memory, a pleasing, kindly voice. "He ought never to be let out, Agnes," he said, turning to the girl who was busying herself with her powder rag. "First class help in our line of business is hard to get and he's clever. He's clever, that Hor- gan fellow. He's educated, too; maybe a college man with a kink in his brain." He fumbled with heavy fingers the correspondence before him and a smile came to his red countenance. "It wouldn't be sur- prising," he added. "They tell me they talk free love in these colleges as easy as they talk Latin and Yid- dish. But I ain't sure about that because the only college I went to was in old Mulberry street when McCafferty was inspector in charge of the bulls. However, as they say in the papers, love is property just the same as bonds and jewelry and cash. If they learn to be careless with taking a guy 's wife or daugh- ter they'll get to taking other things and it's the gen- NANCY PRESTON 5 tlemen with taking habits we're hired to keep track of. Ain't it so, Agnes?" "Sure." She folded away the powder rag and be- gan to prepare the tips of her fingers. "Who can we spare to send up to Sing Sing and shadow this Mike Horgan?" he asked. ' ' Silk Hat Harry Duveen ? ' ' she suggested. He ridiculed the idea with a roar of laughter, star- ing at her like a surprised walrus with bristles and wet blue eyes. "Why, Horgan uncovered Silk Hat six or seven years ago," he protested. "Another thing about Harry is that he couldn't travel in the same class with this feller. Mike Horgan is a real gentleman and Harry is only a rhinestone. What we gotta do is to put some nice honest squarehead close to him to keep him company. Horgan will go straight for about three months and then he'll weaken on the honest toil. We'll be there when he does and shoot him back up the river. Then the burglar insurance companies can rest easy for a while. Get me?" "Sure." Agnes' carmined lips smiled her admira- tion for "B. H.," as she surreptitiously but affection- ately referred to him. "There's Gloomy," she sug- gested. "Gloomy is the boy,'* he agreed. "They don't make 'em any more patient and pertinaish. . . ." He hesitated. 6 NANCY PRESTON "Pertinacious," she assisted. "Pertinacious than Gloomy Cole. Get out the pic- tures and the records, stuff him up with them, hand him some expense kale, about two hundred smacks, and see that he gets on the right train for Sing Sing. Tell him to give me a report as soon as Mr. Mike Hor- gan hires a room for himself." He pulled out a dia- mond studded watch and studied it with pride, for it was a token of appreciation from a great bonding company for having run down a bank teller who had wearied of counting other people's money and had tried to retire with a dress-suit case full of treasury certificates. In his time there had been no better gum-shoe artist at police headquarters, despite the pet names given him. Stolid and without imagination, he dealt liter- ally with facts, but his brain was a sensitive plate and his eye the lens of a photographic machine. Of the fa- mous detective heroes of fiction he knew nothing, for there were too many crooks at large in the world to bother with those held between book covers. "Well, I got a luncheon of the Manufacturing Jewelers ' Association at twelve, ' ' he grunted. ' ' I got t watch those old boys or somebody '11 come along and take their watches and chains from 'em. They're certainly careless. They let in their help without ever thinking they might be hiring first-class dips and then yell when a crate of phoney lavallieres goes NANCY PRESTON 7 astray. I got to get 'em. to try and do better than that or they '11 have to hire another detective service. ' ' Agnes brushed his shoulders with the tips of her fingers as he buttoned his ready-made coat around his balcony, handed him his hat and assured him that she would stuff Gloomy Cole with the Horgan dope. "He's got lots of time," he informed her, "but he can be hanging around Ossining making friends and digesting what you give him. I don't want this Horgan to give us the slip." CHAPTER II FOR a burglar, Michael Horgan had a singularly at- tractive face, long and narrow, with a well- shaped beak, wide mouth and gray eyes set w r ell back under a good forehead. Time, he was turning thirty- five, and a sense of fun had wrinkled his tan-colored skin at the outer corners of the eyes and laughter had seamed his thin cheeks. The "P. K.," which is the pet name for the prin- cipal keeper in Sing Sing, gave him a library job during his first term, a matter of two years, and, at his own request, detailed him to hospital and pharma- ceutical work when he showed up the second time. His prison behavior warranted these favors. In the gray-clad army of malefactors were physicians, law- yers, an excellent poet, an editor, several architects and artists, a number of ministers (in for bigamy) and other men of culture besides the raft of the un- lettered and uninspired. But Horgan seemed to lead the best of them in enthusiastic devotion to duty. He wrote a great deal in his spare moments and studied much. When his first bit was ended he hied him forth cheerfully with a bundle of manuscript under his arm only to return in a little more than twelve 8 NANCY PRESTON 9 months, empty handed and with another stretch of three years in "stir" before him. Father Healey, the Catholic chaplain, who had taken many a condemned man through the little green door, far downstairs, and had helped his soul to its flight "through the wires," declared his conviction that Brother Michaelis, as he called Horgan, would have made a great saint or a great physician, a mender of human souls and bodies, were it not for the absurd theory he once offered that burglars might have been put on earth to help equalize the distribution of wealth, just as bees were created to carry pollen from flower to flower. Toward the end of his second term Brother Michaelis could have passed his examinations for a license to practise medicine in almost any State or country. From long and intelligent service, care- ful study in the library and keen observation in the operating room, he could, too, have acquitted himself well in surgery. He had never tried to escape. In fact he was a disk man, wearing a little white circle of cloth on his arm during all his first term to show that his conduct w r as perfect as a prisoner. Second term men wore a blue disk until they violated one of the many rules and regulations, when it was pierced. Horgan still had his blue disk inviolate as his second term drew to a close. The third disk would be red, a warning to his keepers that he was beyond redemption as far as the 10 NANCY PRESTON outside world was concerned, an habitual criminal, confined for life. Brother Michaelis accepted the kindly alias given him by the priest and went him one better by calling the walled city overlooking the Hudson the Monastery of La Trappe, a fitting enough name as many of the unwary wicked can testify. His supposed mania did not in the least trouble him while he was in retreat from the world, for the only treasure within reach of his hand, books, were his for the asking. Food, shel- ter and warmth were free. There was no landlord, no dunning butcher, no fellow human asking a heavy profit on the baggy clothes that covered his nakedness or the shoes that he wore. "It is a very interesting state of affairs," he con- fided to Father Healey as the time drew near when he would be free again. "It's very interesting that So- ciety has to turn the key on a man before it will pro- vide him with the simple essentials of life and that it will let him starve if he 's in ill luck but will give him a free grave when he dies. Georges Clemenceau, when he was a young man, once advocated a bill providing for free bread in the French Republic on the ground that if the State could afford to give a grave to a dead man, utterly useless, it might afford to give food to a live one from whom some economic gain might be had. ' ' "Brother Michaelis," laughed the padre, "if you'd start by saving yourself you might learn a thing or NANCY PRESTON 11 two about saving the rest of humanity. Tha next time you come here it will be for life, remember, and you're not an old man. Watch your step, brother. Watch your step." The convict's eyes clouded for a moment. ''Remember, with burglars it's a case of three strikes and out," Father Healey called back over his shoulder. "There must be somebody in the big out- side sunny world that could be made happier for your presence and help. Think it over!" He thought it over as he moved about between the cots in the hospital, getting things in ship-shape for the night, as the barred patches of light crept from the floor to the wall and the sun sought its bed under the hills across the river. Bill, an old pal of the jimmy and drill, would be glad to see him, he thought, and so would Nancy, his wife, and their kid, Bubs. But Bill had reformed and was going straight, at least he was in the narrow path when he last heard from him on account of the boy. Bill had written. "Watcha lookin' so damned sad about, Mike?" came a weak voice from the cot nearest him. "Ain't your time most up? Take a slant at me. I got fif- teen years yet and the pneumonia." Brother Michaelis forced a smile as his relief came into the room and hurried out to report for supper 1 call and his cell. CHAPTER HI ABOVE the Hudson, the Monastery of La Trappe, its walls, wide and high, illumined by huge arc lights, sat like a great scarab framed in diamonds. The narrow windows were dark and the shadowy vil- lage, straggling downhill, northward to the river, slept peacefully. Brother Michaelis, stretched out on the cot in his cell, still "thought it over." It was the way that Father Healey had put it that kept him awake. Some one might be happier for his presence in the great outside world. If there wasn't some one now, say if he found that Bill and Nancy and Bubs had forgot- ten him, he might come upon such a person in time, even a woman with love in her eyes, just as Bill had come upon his woman. Then, too, the next trip would be the last time in, until a brown-painted box was provided him instead of clothes and a hat. "I got fifteen years yet and the pneumonia." The words of the ill convict stuck in his mind. Poor Jim would never get out alive and he wasn't a bad sort at that. He'd only killed an enemy of his. From time to time Christian nations did that on a wholesale scale. 12 NANCY PRESTON 13 The men in the cells in his section slept with sin- gular peacefulness. Their breathing was soft and regular, like that of healthy children. A regular tapping on the steam pipes in the corridor took his mind abruptly from his cogitations. Some other con- vict was awake and was sending out underground in- formation in the Morse code. Michaelis spelled out the prison gossip slowly. "Bill Preston killed on a job," was the news. It brought him to a sitting po- sition with a gasp of surprise and horror, for Preston was his long-tried Bill, Nancy's husband, and the fa- ther of Bubs. He twisted his lean fingers together as he spelled out the words that followed. "The bulls got him. Died in Fordham hospital. Said to tell M. to help Annie and the kid." A groan escaped his lips and the guard in the cor- ridor flashed his light in the cell. "What's the matter, old fellow? Sick?" "Yes," replied Michaelis. "Want the doctor?" "No." Horgan turned his face to the wall and pulled up his blanket. One of the three people who cared or might care about him was gone. He had seen Bill touched and ennobled by the fire of pure love. He had seen Nancy fan that flame with a devotion that brought its great reward when they married and her man took the narrow way. He had lived with them during the first year of their marriage. He had seen 14 NANCY PRESTON the first sweet radiance of motherhood on Nancy's face and had watched the little fists of the baby pound- ing at her breasts, making her blue eyes shine like amethysts. Nothing but terrible want could have made Bill go back to the old game. The morning came without Brother Michaelis having had a moment's rest. He soused his head in cold water and reported to the hospital for duty. "Jim's been asking for you," he was informed by the night orderly. "Him over there." He pointed to the convict who had "fifteen years to go and the pneumonia. " ' ' There ain 't anything can be done for him except by the carpenter, ' ' the other added. ' ' Bet- ter find out what he wants. He knows you're going out in a few days and maybe he wants to send a mes- sage to some of his people." CHAPTER IV THE man who had slain his enemy motioned to Michaelis to lean close to him. "I got a present for you, Mike," he whispered. "You been in twice and the next time . . . you know. Well, they'll get you back in again, Mike, never mind how straight you go. When I was taken sick I'd just finished a nice little job down back of the kitchen. Look in the wall of the last potato bin. There's a brick loose, held in place with chewing gum. Take it out and the others will come out. You'll find a little passage-way to the sewer that empties in the river. It 's an old brick sewer and I made a hole in the top. ' ' "I'm not coming back, Jim," Horgan assured him. "I'm going to go straight. You lie still like a good fellow." "We all say that," Jim whispered, his face drawn with pain. "You might go as straight as Father Healey himself, but you've been in twice and down at headquarters they've got your old mug and your measurements and your finger prints and when they want some one to put over a conviction on, you'll have a lovely time staying outside. Mike . . . Mike!" 15 16 NANCY PRESTON Each word was taking a moment from the little life left him. "Yes, Jim." "I'm telling you not to forget that potato bin," Jim continued. "It might take 'em a long time before they close in on you and you might be doing fine with a wife and children and going to church regular. Then you'll need that hole in the wall. . . . Say, Mike." "Yes, Jim." "You ever know of a woman that went crooked once and got any help when she started straight again?" Brother Michaelis drew back from the cot, surprise at the question showing in his gray eyes. "I only knew one," he replied. "Was it her mother helped her?" "No." "Her father?" "No." "Who was it, Mike, helped her? Her husband?" "No." "Who, then?" "A man who loved her and was her friend." "He didn't get what he wanted, eh?" A little flash of fire came to the dull eyes of the dying man. "I get it," he added. "I was one of them and so I killed the guy." NANCY PRESTON 17 "That's rough stuff, Jim, and you're a pretty sick man," remonstrated Michaelis. ''You're educated, Mike, and I ain't. Excuse me. What I was thinking about was that if the world damns a woman for one mistake there ain't any man can expect any better, especially from his own kind. It's a matter of what's wrongest. With a woman it's a man. With a man it 's money or power. The more money and power the rich get the more laws they make to protect them from the poor and them that want to take some of it, one way or another, from them. Once you're caught trying to help yourself to what others got away with you're tabbed for life. Remember that potato bin, Mike." "You'd better keep quiet, now," urged Michaelis. Some of the gray of a bed of ashes on a cold hearth came to the face of Jim. He clamped his jaws to- gether and with tightly closed eyes tried to fight the death agony as the final hardening of his lungs, which would leave them like lumps of red granite, set in. Horgan held him to the cot during the last spasm and then sent a trusty to the carpenter shop. CHAPTER y PROPERLY stuffed with "the dope" on Mike Horgan, Gloomy Cole joined him on the road which twists and dips from the Monastery of La Trappe to the railroad station in the village. His guise was that of a laborer; his powerful shoulders and back muscles were packed in a jacket which was far too small for him; a blue and white bandana served for baggage, holding two pork chop sand- wiches, a small tin cup, a package of tobacco and two pairs of socks. His pseudonym of Gloomy fitted his face, broad, colorless, sad, clean-shaven. There seemed too much of it as it spread out below a little derby hat and there didn't appear to be room enough above the eyebrows to hold more than enough brains to keep his brogans lifting over the road. But in the lapel of his straining jacket he wore an I. W. W. button, token of his membership in the organization nearest to sheer Anarchistic tenets. In the process of stuffing Gloomy, Agnes Doherty had described Horgan as a gentleman who was crazy in the head, a nut, but one which required a capable squirrel to handle when he got in action. ' ' The boss thinks he studied too hard or maybe his mother was 18 NANCY PRESTON 19 a victim of kleptomania about the time he was born," Agnes had confided to the faceful Cole. "But as long as they don't keep him in a greenhouse, where all bugs should be, we gotta tail him because we're in the business of protecting people whose brains ain't twisted. His name ain't any more Horgan than mine is. Look at that long, horse face of his. It don't fit any Irish name. The boss says if he ain't from some old American family of English descent he'll eat his old hard hat." Gloomy jogged along the road in the smile of a fine May morning. Across the river the gently rising land was touched with the pale halo of new life, the young grass and the little leaves. Above, a satiny blue sky dotted with cotton balls. In every bush and nearby tree, even in the eaves of the tumble-down shacks lining the road, the birds sang in the full elo* quence of love at the year's youth. Thrush, robin, chat, sparrow, chickadee, bluebird and goldfinch made a blithe chorus of welcome for Michaelis as his long strides brought him beside the man with the wide face. "It's a fine morning!" he said cheerily as he fell in step with Cole. "For some people," agreed the gloomy one. "For everybody, I'd say." The conversation was on. "Damn if I'd say so," protested Cole bitterly. 20 NANCY PRESTON "There ain't jobs enough to go around. Last winter was hellish. Nothing to eat but the mission hand- outs, stale bread and weak coffee. And cops and bulls always a-plenty to make you move on the minute you thought you had a place for a flop." "What's your job?" asked Horgan, "Stationary engineer. It's a joke. The engines are stationary but the engineers ain't. Soon as you get comfortable on a job the building is finished and you got to dig out for another. And you never get paid right. The contractor gets all the money. Then the speculators get busy and make a lot of crooked profits, buying and selling the property. Everybody gets a large slice but the men who build the place. It ought to be the other way around." ' ' Socialist ? ' ' asked Michaelis. "Not me." Gloomy spat angrily. "Union man?" "Not me. I'm against all of them. I hate the whole bunch. What we need is to simplify matters by (giving ownership to the people who create the products of industry, complete ownership. Then there wouldn't be any capitalist class. There 'd only be one class, the workers." They made the last turn of the road and descended the steep street running through Ossining to the rail- road station. NANCY PRESTON 21 "Which way, Bo?" asked Gloomy. 1 'To New York." "Me, too." Each bought a ticket, the detective more than pleased with his progress. If the released burglar really was a radical they would be friends before they reached Grand Central station, for he knew how to talk the language of the malcontents of the world. He was, in fact, one of them at heart. "What's your business?" he asked Horgan, when they were comfortably in the smoker. "A student." "A student? Of what?" "Of anything and everything, people and other animals, governments, arts and sciences." "Huh." "But mostly of people as I meet them. Of recent years, however, I have gotten around but little and my attention was confined entirely to those in my own class." "Laborers like me?" asked Gloomy. "In a way, perhaps, like you. They hated every- body but themselves." "Radicals." "Very much, so, advocates of direct action, jungle people." ' ' Is that so ? " Gloomy Cole had a queer little feel- 22 NANCY PRESTON ing that this soft voiced man was stringing him. Plainly he meant to class him with convicts. Was it possible that Horgan suspected him? "But can you get a living out of being a student?" he hazarded. "After you've learned enough. Now, what I've been doing is this : taking a post-graduate course in a religious order, where I could study all I pleased and be fed and sheltered. Now that I have finished my preparation for life outside I am going to offer myself as the subject for a tremendous experiment." "I'll tell the cock-eyed world that Agnes is right when she says this guy's a nut," Gloomy thought. Then aloud: "What's the experiment, boss?" "I'm going to pay back to society what I owe it and see whether it will give a chap a fair start after his debts are cleaned up." "I don't get you. What'd you do to society?" "I was a thief." "Huh." Tierney's man did not like this honest statement. A lie would have been more to his taste, for he himself was lying. A little tightening about his heart suggested shame and some color crept to his broad face. "But you're going straight now?" he asked softly. "Yes." Horgan offered his shadow a cigarette. "You'll find that one the best you ever smoked." "Turkish, eh?" asked Cole, inhaling deeply. NANCY PRESTON 23 "A special brand I make for myself." "It's certainly a swell pill." They smoked in silence until Horgan hooked an elbow on the sill of the window and apparently pre- pared to take a nap. Gloomy studied his man with eyes that seemed to get heavier with each glance. The car was overheated. The steady click of the wheels under him added to his drowsiness. He fought to keep awake but at last surrendered, threw back his head and, with his Adam's apple jerking up and down, began to breathe heavily in deep slumber. Brother Michaelis stirred, glanced at the laborer be- side him with a smile, stepped lightly over him and, as the train slowed up at the Tremont station, dropped off and walked away from the tracks in the direction of Fordham. He had doped the cigarette in the prison pharmacy for just such an emergency if it should arise. CHAPTER VI JUST across the Harlem river from Fordham the Prestons lived in a tiny Bronx flat. Michael felt sure that had Nancy moved, following the death of her husband, she would have sent word to him. He struck out to the west. On his way he would stop by Fordham Hospital and ask information as to the tragedy. His thoughts were sad, and yet not altogether so, as he made his way westward through the wide pleas- ant streets, past pretty gore-strip parks where many children played in the sunlight like butterflies; by stretches of undeveloped land where dandelions sparked and past occasional old farm houses that had escaped the scythe of the tenement builders. Nancy was a brave woman ; she had ever been that, and, to his eyes, was beautiful as she was brave. When she and the man who was to be her husband first met, her fine mass of hair was dyed the color of straw, her laughter a bit hard and her slang ready but when they had come through clean, one to the other, the love between them had saved them both. As poor Jim, dying in the agony of pneumonia, had said, it was a matter only of which was wrongest, 24 NANCY PRESTON 25 with a woman it was a man and with a man money. He had stood strongly championing Nancy the night before they decided to get the license and plunge into the cold and unfathomed depths of respectability. She had not followed woman 's most ancient profession steadily for a living, but only when all legitimate means of getting her rent and food had failed. On the other hand, Bill Preston was a igrade or two lower, for it was not altogether through necessity that he violated the laws. He wanted easy money. The stately buildings of New York University came in view. He turned north from Burnside avenue on Aqueduct avenue toward the hospital. Trees and green lawns, ovals for the sports of young men, snug houses for the shelter of their teachers in the arts and sciences, noble buildings turreting above the land- scape, wherein was the peaceful quiet of people with thoughtful minds, held him entranced. From Uni- versity Heights he could see to the south the city lying in a silver veil, long and narrow, a peninsula of roofs from which pointed an occasional steeple mindful of a world after this where the wicked cease from trou- bling, according to Job, but where hell fire and real trouble just begin for them, according to dogmatists of various stripe to-day. The marts and habitations of nearly six million people, with their hopes, sorrows, sins, ambitions and disappointments, lay there in the haze made by their own chimneys. Underground and 26 NANCY PRESTON above ground and on the ground they hurried like mad for a dollar or two, cheating each other, stealing outright when they thought it safe, building up trick- eries to get other people's money within the law if they could, so that they might achieve "honor" as well as wealth; the courts sat daily and even nightly to untangle the poor fish from the heavy nets of the police, and the dark streams to jails, prisons and mad- houses ever grew wider ; the fish not yet caught in the net leaped high in the sunlight and showed their splen- did glitter and iridescence on Fifth avenue. Through Eleventh avenue they ran in heavy shoals, some taking the hook and bait and perishing and others not, but none ever striking upward and out of the current to the sunshine and luxury of six blocks east. Michaelis was going back to this game. It did not frighten him. It made him smile. Nancy and Bubs would be glad to see him. He would have two people in the world to help. The boy was six years old and would be calling him Uncle Michael and perhaps would really love him and put his little arms around his neck and snuggle with him cheek to cheek. He entered the office of the hospital and asked for his information, his dignity of bearing and the kindli- ness of his gray eyes getting him prompt service. He was informed that William Preston had died in the free ward three months before and the address of his widow was given him. It was the same address NANCY PRESTON 27 across the Harlem in the Inwood section. He was not informed of the cause of Bill's death and thought it better not to ask, as the office attendant evidently thought him a person far from the humble if exciting sphere his friend had occupied in life. Three months. Nancy and Bubs could come pretty near starving in that time, he thought, so he lost no time in crossing Fordham bridge and finding the little flat, three tiny rooms high up in a block of cheap apartment houses. The name Preston was still on the hall bell and he went up six flights of stairs with all speed when an answering click came to his ring. Her arms were bare and covered with soapsuds as Nancy appeared in the door. All of the straw-col- ored dye, save one streak above her right ear, had worn itself out and the soft dark natural color of her girlhood had returned. It did not bring into relief with the same brilliant effect her blue eyes but it made a different sort of beauty and a beauty sweeter to behold. "Michael!" He was sprayed with soap and water as her hands went up in astonishment and delight. ' ' How is the boy, Nancy ? " he asked. She escorted him through a narrow hall to the kitchen where steaming and well-filled washtubs in- formed him how she was making a living. "Bubs is sleeping," she told him. "He didn't turn out a strong child. It's going to be a big fight 28 NANCY PRESTON to save him. But he knows all about his Uncle Mi- chael and he '11 be glad to see you when he wakes up. ' ' "And Bill? "he asked. "I didn't write you." She studied his face for a moment. "But you know. I got in word through a visitor and it was passed along. I was afraid the letter would be read, afraid they might follow you after you got out and I knew you would find your way back. ' ' She attacked the pile of washing with savage energy but kept the story going rapidly, hiding her tears from him as they splashed against the wringer over which she bent. "We had an awful time last winter," she said. "Somebody down in Wall street wanted somebody else's steamship lines or railroads and went out after them. By the time he got what he wanted a dozen banks were in trouble, some bank presidents gone to Paris, business was upset, building was held up, the flour market was cornered, the beef barons made up their losses with a little addition to cheaper cuts and . . . you know." "And Bill couldn't get a job?" "He could not. The boy was awful bad. He just had to eat, Michael." ' ' Can you make me down a bed and give me a lodg- ing as in the old times ? " he asked. " I '11 go out and get something for lunch." NANCY PRESTON 29 "You are sure you weren't followed?" she asked, anxiously. "They never gave my Bill a chance." "I think that I was," he replied, "but I lost the shadow. ' ' She followed him to the door. Suddenly her strength left her and the tears streamed down her face. "Now, Nancy," he remonstrated. He put a hand on her shoulder and kissed her on the cheek. "They ain't tears, Michael," she smiled. "That's perspiration. Hurry back." CHAPTER VII GLOOMY COLE, sometimes called The Gloom, Old Face, and Tombstone by his associates in the employ of James Tierney, Incorporated, entered the assembly room of his boss 's suite and made himself as inconspicuous as possible among the many opera- tives awaiting assignments to cases or the opportunity to report on work done. He had taken time to go by his lodging and lay aside the laborer's garb and the I. W. W. badge with which he had hoped to trick Mike Horgan. There was lots of time as far as he was concerned. He would have gladly postponed his entrance into the private office of "B. H.," as he referred to Tierney in abbreviation of his old police sobriquet of Bone- head, until the day of judgment. Gloomy kept his ears cocked for information con- cerning the mood of his employer. What he got was not encouraging. The men leaving the inner sanctum passed the word along that Bonehead was taking turns at eating the carpet and gnawing the solid mahogany furniture, "What's the trouble with him?" the man sitting 30 NANCY PRESTON 31 next to the depressed one asked one of these in- formers. "A guy he was just getting the goods on strong gives him the slip this morning," was the reply. "Himself?" asked Gloomy, hopefully. "Give Tierney the slip?" gasped the operative. "Not much. Nobody ever gives him the slip. It was poor Willie Dunham got in wrong and he's been fired." The door of the private office flew open and Tier- ney 's walrus-like face appeared in it. An eye long trained for quick work swept the room and picked out Cole. The jaw of the boss dropped in sur- prise. "Whatcher doin' there?" he demanded. "Come to report," replied Gloomy, weakly. "Walk in." Tierney closed the door behind his man and went to his revolving chair at a flat-top desk. "Well?" As usual, the unfortunate Cole found himself sit- ting with the sunlight shining full on his face while his boss sat with the sun warming comfortably the fat on his neck. There was no way to hide a lie from him in that glare. He could catch the lightest change of expression, the most fleeting shadow that might come to the eyes of the man before him. "I joined him just as he come out of Sing Sing and 32 NANCY PRESTON we struck up a conversation on the way to the rail- road sta ..." "Where is he now?" broke in Tierney abruptly. ' ' We got on the train together and was talking when he gave me a Turkish cigarette ..." "I ask you where this gentleman crook with the twisted brain who calls himself Michael Horgan is now . . . this minute." "And I took a few puffs and then." Gloomy Cole opened his large hands and held them palm outward toward his boss. Tierney knew what had happened. "He doped you and got away." "He did." ' ' Did you give him the two hundred smacks expense money I told Agnes to let you have ? ' ' asked Tierney, leaning over and pretending to be in breathless anxiety to get the money. "Did you hand it over to him with our compliments and tell him J. Tierney was hired by the bankers and jewelry makers and ice cutters of Maiden Lane, New York City, New York, U. S. A., to help along poor persecuted second term burglars? Did yah?" "When I woke up," answered the patient, broad- faced operative, "I counted the money and found i all there. And here it is." He slapped a wad of ten twenty dollar bills on Tierney 's desk, paying not the slightest heed to his ironical outbursts. Tierney studied his man with interest. He might as well have NANCY PRESTON 33 tried to get a rise out of the statue of Liberty with a toothpick for a lever. Gloomy was a stolid one, his own type of the old police days. "I'm asking you if you can explain to me how it was you ever got back here with those oak leaves?" he begged, holding out the crisp yellow notes. "Did you have a cop escort you?" "I thought I'd hike back up the fine and inquire at the stations around Tremont for him," Gloomy continued, "but second thought brought me here to ask you if you had any more dope about his people so I might hunt for a line among them." "Say, I could murder you for this fine piece of work," snorted Tierney, "but it wouldn't do any good and it would be too expensive, with Agnes com- ing around for contributions for a floral wreath. I'm going to keep you out after Horgan. There ain 't any relatives I can find, for Horgan ain't his right name. He's come from some high-and-mighties in this town and they're laying low. Only once did any inquiry come to the police about a man suiting his description and that was made by a lawyer who for giving infor- mation has a clam talking like a United States Sena- tor when he 's wound up tight. That man would ache all over if a judge compelled him to give a direct an- swer to 'What's to-morrow?' ' "Gimme a tip on what to do, boss?" asked Gloomy, relieved beyond measure. 34 NANCY PRESTON "Git up to Sing Sing and find out all you can about what Horgan done during his bit. He might have trained himself for some outside job and that would cut down the field some. Find out if he ever wrote to anybody or got any letters. Find out every- thing you can and then come back." "Thank you." Gloomy twiddled his derby in his fingers as he paused at the door. "I thought me job was gone." "Don't mention it," replied Tierney. "If you had more brains I would have fired you. But you've learned your lesson. Next time you get on a subject sink your teeth in like a bulldog and don 't let anything shake you loose, hunger, cold, money, sleep, nothin'. Hop along." CHAPTER VIH AT first Michael had dreams of a place in a drug store. He tried every chemist's shop in the Bronx without success although in several he could have landed had he been able to give recommendations as to his honesty. "It's no easy job to break from one profession to another, Nancy," he said one morning as he stared out of the kitchen window across a descending plain of tin roofs and jutting scuttles to the Hudson and the high-rising Palisades on the Jersey side. "I know it," she replied. "Swedenborg even went so far as to establish class circles in heaven," he mused aloud. "Some of those foreigners are sure smart people," she agreed from the steam of the tubs. "In the old days my man would generally bring in five or six of them in the course of a year, Wops, Harps, Heinies, and even a Chink once, a disciple of Confusion, I think he said he was." She dried her hands and arms and stirred a pot of oatmeal on the glowing stove. "I think it was staring over there at the Palisades," he continued, "that made me think of Swedenborg. In his work on 'Heaven and Its Wonders and Hell,' he says that the angels of the Celestial Kingdom dwell 35 36 NANCY PRESTON on the mountain tops; the merely second rate angels occupy the hills and the what-you-might-call the scrub angels, just as all we countless common people might hope to get to be, dwell in places that appear like ledges of stone. I rather like that idea, especially as he points out that rocks signify Faith. ' ' Nancy waved back her tumbling hair with its sheaf of straw and joined him for a moment at the window, her cheeks filled with roses from the toil over stove and tubs. "We could be right comfortable over there," she informed him, gazing wistfully at the great gray and brown wall across the river. "Think of all the beau- tiful country, the fresh air and fields over the top. Bubs would be a little man inside of a year if we could live in the open. If I owned as much land over there as a table cloth would cover I'd make the table cloth into a tent and off we'd go." ' ' Speaking of angels, high and low, large and small, Nancy," he asked, his lean face illumined with a smile, ' ' how is Bubs this morning ? ' ' "The oatmeal is ready and if you'll take it to him you can find out yourself. ' ' With the oatmeal bowl, Michael tiptoed down a nar- row hall to the door of a closet-like room. He gave three slow raps and then two quick ones. "Who goes there?" demanded a feeble voice. "Brother Michaelis, who has traveled far." NANCY PRESTON 37 "Have you the word and the countersign?" "I have." "Give me the word." "Allaeazar. Allacazam. Hokus-pokus. Conju- rokous." "Enter with the countersign." Bubsy had pulled himself up on one elbow and was frowning toward the door. His curls stood up about his little ears like the lather of a shampoo. His thin face, white as paper, was as beautiful as the petal of a freesia and his eyes were deeper blue than his mother's, a true violet. "Viands, Worshipful Sir," said the pilgrim, with a deep obeisance. "Gee!" The little lad fell back on his pillow, his hands, like blue-veined marble, motionless. "I don't feel hungry, Michaelis." "But it's against the laws and orders of the broth- erhood not to be hungry at eight in the morning," urged Horgan, gently. He sat on the edge of the bed and lifted the boy in his left arm, feeding him the first spoonful. "There's real cream for you! That stuff would put fat on a tenpenny nail. And the sun's shining outside. That's the boy. Clean it up and lick the bowl and there '11 be no medicine go down you to spoil it. Honor bright." He kept up the liveliest patter until Bubs had cleaned the bowl and was laughing as he allowed himself to be dressed. 38 NANCY PRESTON Never did he slacken his flow of slang and elegant phrases, mixed in a hodgepodge of nonsense and wis- dom, but several times Michaelis bowed his head over the little pipe-stem legs and his eyes became moist. All the boy needed was plenty of good food and plenty of fresh air to fight off the gnawing little white devils in his veins, but everything else in the world seemed easier to get than those two things. It was a pity that burglars had never formed a benevolent and protective association or a fraternal order with funds to provide for the bereaved dependents of members In good standing, he thought. Policemen had such an organization and they were no less liable to sudden taking-off. "Did he eat it?" came from the mother down the hall. "He did, and polished the plate," called back Hor- gan. "And now we are off for an elegant stroll down by the river." At the door of the flat Nancy gave him fifteen cents and asked him to get a piece of chuck steak on the way back for the boy's broth. Michael laughed as he slipped the dime and nickel into a pocket of his well worn but neat trousers. "And go by that jewelry factory and see if there's anything doing on that job," she suggested. "I feel it in rny bones that there's a good salary coming to you before long." CHAPTER IX AFTER two hours they returned, Bubs on the back of his faithful friend. Brother Michaelis gave the three long and two short knocks on the door and then getting on all fours, with Bubs astride his back, pretended to be a knight's charger, neighing and pawing and then romping into the narrow corridor clear back to the kitchen. "Where's the meat?" demanded Nancy. "In the saddle bag," replied Bubs, pulling a small package from his friend's pocket and dismounting. Michael's long face was bright with smiles as he rose and brushed off his knees. "And I landed the job!" he announced. "Five dollars a day and only eight hours work, half day Saturday and all day Sun- day. The rest of our lives will be a picnic. And it is a beautiful place to work in, bubbling pots of gold and silver for plating, boxes of bright gems to set, pink cotton and plush cases, rings and things every- where, to be sold by the gross. And all I have to do is to keep the machinery oiled and tuned up. It will be having fun at thirty a week. ' ' Nancy was overjoyed by the news. Times had been bitterly hard and for awhile she had feared that her 39 40 NANCY PRESTON husband's old friend would never be able to find a way of earning his living honestly. Her hands trem- bled as she cut up the little piece of meat and prepared the broth. Michael, staring out of the window toward the Palisades, was even more grateful. "You know, Nancy," he said slowly, "I think those scrub angels of the rocky places have got a better chance than the higher class angels of helping out the folks they left behind. They're not so far away as the others. I can imagine old Bill looking over the edge of a boulder and straining his eyes in our direction. ' ' He glanced around. Bubs had gone to another room. ' ' It might sound ridiculous to some people to imagine a burglar edging into heaven, but those people who think it absurd have forgotten the last act of the Savior on the Cross, His promise to the thieves on either side of Him." "Yes, Michael." "Now we've got a good start to make something out of Bubs and we'll just get down to the job and give the world something worth while in him. He '11 square our account with humanity." ' ' You Ve been a father to Bubs, ' ' she said. ' ' You 've just snatched him from the grave and you know how he loves you . . . more than he loves me. . . . You couldn't do anything to set him back. Could you?" "Nothing. And never could you, Nancy." CHAPTER X THE pantry of the Widow Preston fairly bulged with good things to eat after Michael's second pay day. With the third pay day, the three acquired clothes and shoes and on the afternoon of the fourth pay day they had a picnic on the Jersey side of the river, crossing on the Dyckman street ferry. Summer was advancing and the foliage crowning the Palisades was thick and brilliant. They sought and found little paths made by adventurous city youths which took them high up the great wall cutting them off from the wide-spreading country to the west. Michael, with his long arms and legs, could have made the top with ease, as many a boy from the Bronx and Harlem had made it, but the cries of Bubs and his mother brought him back to thrill them at the river's edge with tales of great mountains and canyons he had read of in his library days. Color began to come to the cheeks of the lad. The food and the fun and the fresh air were telling. Mi- chael knew that if his financial status did not change, the boy was saved and he had come to love him so and to be loved so by him that he felt that were the 41 42 NANCY PRESTON treasures of Golconda opened before him and all the policemen and detectives in the world were in conven- tion assembled at Omsk or some other such remote place he would not have even the slightest desire to consort with the old companions of earlier days. He had finished with them. He whistled and sang at his work and the foreman of the factory liked him and trusted him. His higher intelligence was recognized and he was advanced and given a position in the shipping department at five dollars more a week. Here he handled thousands of dollars' worth of jewelry each day. So far he had not come across any one who had known him in the old times and his past life seemed well buried. Away from work he was never without his faithful little pilgrim, Bubs, and, save for their little journeys to the further shore of the river, he was content to remain close to their neighborhood. The people crowding the little corner stores thought he was the boy's father and he was happy to have them think so. The end of June had come. Toward the close of the day's work, two strangers entered the factory and in- quired for the general manager's office. They were clean-shaven men approaching middle age, with a pe- culiar turn of their palms backward as they walked and with a heavy stride. They were so clearly the physical type of New York detectives that had they NANCY PRESTON 43 entered shouting aloud their occupation an experi- enced crook could not have been better warned. One was of Italian and one of Irish descent, an easy work- ing team evidently. Michael Horgan knew them both, Vegas and Murphy of the Bronx Bureau. He ducked behind a pile of boxes instinctively. There could be only one reason for their visit some one in the factory had been stealing and although he was innocent of any thought of wrong-doing Horgan realized that the end of his little paradise was at hand. They knew him and his record. There was time for him to reach the flat and tell Nancy and the boy good-by. But he dared not try it. The pay-master had his address, a description of him would be easy to give, for his long narrow face, his gangly structure, his ready smile, his love for children and strays of all sorts, his amusing patter and other idiosyncrasies marked him sharply against the common run of the employees. An ex-convict in a jewelry factory! He could imagine Vegas and Murphy breaking the news to the management. It was useless to remain. If all the saints, celestial, middle-class and scrubs, came to his assistance their evidence would be laughed to scorn at police headquarters. Bubs would be waiting for him in another hour. He had promised him instruction in a new ritual, that of the Legion of the Come-Back-and-Put-It -Over. He managed to get his hat without any one seeing him 44 NANCY PRESTON and to slip to the street. He coughed and struck his chest several times to try and get rid of a hard, choking feeling as he hurried in the opposite direction from the homeward path he had trod so faithfully and happily of late. CHAPTER XI MICHAEL, giving his great experiment a fair and honest start, had not tried to sail under false colors with his first job. The firm employing him had his name, Horgan, and his right address. Vegas and Murphy would want no further evidence than his two convictions. "Whoever had been doing the stealing was safe from them. The big net would be thrown out for the old brother of the Monastery of La Trappe who had been a novice in the world of honesty and respectability for a little while only to be made the fox in a chase. And what a net it was ! Michael knew the style of its weaving, for he had studied it at close range. A telephone message to detective headquarters would send men with his description to every one of the great city's outlets, men from the bureaus and police sta- tions nearest the railroad terminals and steamship lines, so that not a moment would be wasted. Every platoon of city cops lined up for inspection and de- tail for duty would be given that description and a look at his photographs, full face and profile. In the streets of New York ten thousand men would be on the lookout for him. To the nearer cities in which he 45 46 NANCY PRESTON might seek refuge, should he dodge through the first lines successfully, telegraphic descriptions would be rushed, to be followed later by printed matter ; incom- ing trains in these cities would be watched. Mile by mile the net would spread in all directions, finally tak- ing in all cities, towns and villages large enough to boast a shanty of a police station with a bulletin board and then the little post-offices of hamlets would be placarded with his photographs and a reward-offer that would enlist the interest of bucolic cupidity. For a time his heart was heavy as he thought of Nancy and Bubs waiting in vain for him that evening. He had made her give up the back-breaking washtubs as a means of living and Nancy had responded to the little measure of comfort and security against want as a tired flower will to a cup of water. And Bubs! Why, the lad had pink cheeks and round ones at that ! Good food and good fun with Uncle Michael had ral- lied the army of red corpuscles within him and the dreadful white hordes were in fast retreat. He would miss his mother's laugh of happiness as much as he would the joy of his namesake's companionship. But there would be a far worse state of affairs for them if the pack struck his trail and ran him to earth. Three strikes and out, he remembered, was the rule for burglars. He was brought to full realization of his peril, as he hurried through side streets toward the Hudson river, by catching a glimpse of a familiar NANCY PRESTON 47 back in a little crowd leaving the subway station at Dyckman street. On stepping from the curb, the man turned his head to watch for passing vehicles with the unconscious swiftness which is the possession of the New Yorker. It was the broad-faced shadow he had put to sleep in the coach coming down from Ossining. He drew to cover and watched him. He hurried east in the direction of the jewelry factory. Three men who knew him were already on the job. The safest outlet from the city was the Dyckman street ferry to the Jersey side. If he kept away from Englewood, the nearest city of any considerable size, with its one police station, he would be comparatively safe from the placarding for time enough, perhaps, in which to change his appearance with a beard and a different style of clothes and headgear. It was the season of the year when labor was in demand for sub- urban building. He might find a hiding place along the wooded Palisades and with it a job upon which he could sustain himself. To get in touch with Nancy was a matter that required the most careful thought, for her mail would be watched closely and her every step dogged for weeks if not months to come. A few yards from the ferry he got a lift from the driver of a motor truck, slipped him his fare and a half dollar and remained hidden under the hood until the river was crossed and the winding ascent of the cliffs made safely. There was no one in sight as he 48 NANCY PRESTON dropped from the front of the vehicle and started northward along the road close to the precipice. Although he did not know it, he had crossed the State line between New Jersey and New York, run- ning east of the old town of Tappan, when night came, and was back in the jurisdiction of his pursuers when he looked about for a place to sleep. A tiny village, far from the Northern Railroad, which runs through the valley .lying west of the Palisades, dozed in the pleasant early summer evening. From its perch high above the gently flowing stream, which pays no heed to either the shadows of New York's bridges and the careless dead from its gutters or the beauty of the shore of the Sleepy Hollow land, the little gathering of friendly houses looked across to Dobbs Ferry. A bell tolled solemnly the news that it was eight o'clock and time for the meeting at the fire house or the church. Dogs bayed the sound. Michael made a detour and as the stars reached their fullest brilliance and a meteor burned a pencil's path across the vast he found shelter in a little summer house tucked between two great gray boulders. Pull- ing his coat about his ears he stretched out on a bench to sleep with the scrub angels, the smile coming back to his lean countenance as he thought that the spirit of Bill might be nigh. CHAPTER XII THE sun and the matin chorus of the birds awak- ened him. The morning was faultless; the sky as beautifully blue as Nancy 's eyes ; the river a broad band of silver ribbon ; dew glistened on the leaves of the trees and the petals of daisies while the golden buttercups brimmed with it ; a humming bird, a shim- mer of green satin, paused in the air on its thunder- ing wings to empty one of the exquisite goblets; a friendly chipmunk sat upright on a rock near Michael and gave him a look of approval. He brushed out his clothes and took a careful survey of the territory. To the south was the tiny village he had detoured. To the north an Italian villa in process of building. Nearer him were the overgrown foundations of a coun- try house that had been destroyed by fire. The little structure in which he had taken shelter had belonged to it. Evidently no one ever visited this little refuge, unless the birds could be counted on as visitors. Their homes were tucked in all corners of it and the cheep of their fledglings could be heard demanding breakfast. With a blanket and a pillow, a pail for water, a towel and soap he could live well there until winter came. 49 50 NANCY PRESTON Willow branches could be woven into a fine wall against wind and rain on the weather sides. A steam whistle clamored from the direction of the new country seat and it was time for him to go and ask for a job. He found that, because of the isolation of the site, the contractor was having great trouble in keeping enough men on his pay roll to carry the building along on schedule. He hailed Michael gladly. Was he a skilled worker? Could he use trowel and mortar board? Michael was sure that he could lay mortar with the next man. He might be slow and bungling the first day or two but after that he would be all right. He had been sick a long time, he said, but was well and strong again. He was hired on the spot. A boy in primary school can learn to use a plumb line and level in a day. Michael learned it in an hour and when the whistle blew at twelve o'clock he was laying brick with speed and skill and a light heart although his fingers were bleeding and his back ached a little. Mortar smeared his clothes and hat and little splashes of it were on his face. He was glad of it. He hurried down the road to the little village, found its store and laid in a stock of provisions that would last him several days. He was already established in the neighborhood as one of the workmen "up the road." His passport was the mortar on his face, hands and clothes. Toil with the hands and the marks NANCY PRESTON 51 of it will admit honest man or knave unquestioned to any town. The contractor was a kindly but shrewd man. Most of the laborers working for him came from distant towns and that meant time out of bed not paid for. They were sullen in consequence. Michael was smil- ing and eager for the task and always the first man on the job. "If you have any relatives would like to work on this job," the contractor said one day to him, "bring them along and as sure as my name is Dan Burns they'll work for me until I croak. I've got jobs enough to last until the snow flies." Burns watched the new mason tap a brick neatly down in the mortar as he waited for an answer. Mi- chael was about to tell him that he had no relatives when a plan for getting in touch with Nancy entered his mind. 1 ' I only have a sister, ' ' he replied. ' ' She 's a widow with a boy six years old and needs work. She 's a fine laundress and housekeeper." "I have a job waiting for her at home," replied Dan Burns. "If she is a steady worker she'll be a member of the family for life and never know want." "I'll try and get her address," Michael told him. "It may take a little while, though.'* Every night for more than a week he studied the problem of getting in touch with Nancy without giv- 52 NANCY PRESTON ing his pursuers a chance to strike his trail. It would have to be tried some time, for she and the boy would need the money he could earn and send them by a plan yet to be devised. Once he ground his teeth and clenched his fist in his refuge among the rocks as he thought of Bubs losing what he had gained in his fight against the little white devils in his blood. The law asked too much when it demanded his clean little life. He and Nancy were legitimate game for the hunt but poor little Bubs ! In a large school pad he had bought in the village store he wrote down ' ' Some of the greatest handicaps to the pursuit of human hap- piness are those caused by lack of vision. The law has no vision, no foresight; only hindsight. It is a rigid thing, a very thick wall with each brick a su- preme court decision laid carefully on the foundation of the ten commandments and the additional com- mandments reaching up to the last thin layer of city ordinances saying: 'Thou shalt not carry a lighted cigar, pipe or cigarette in the subway,' and 'Thou shalt not throw waste paper in the streets. ' ' ' Thinking that his great experiment promised well, that he would be given a chance to go straight and serve some good purpose in the world after having paid his debt, he had spent most of the money earned in the jewelry factory on much needed comforts. The two people in the world he loved and was loved by would soon be in want. His week 's pay burned in his NANCY PRESTON 53 pocket. He dared not mail it from the village and he dared not travel any distance in order to mail it from some other town. There was one way. Bill Preston's way in the old days, a code message through the personal column of the one New York paper which Nancy read. He could send such a message with the money to pay for it and have Dan Burns mail it for him when he reached the city. It would be impossible for the detectives to trace this, he felt sure. The next evening he gave Burns the letter to the business office of the newspaper and asked him to mail it when he was on his way home in his machine. CHAPTER XIII NANCY PRESTON'S little Bronx flat was amply covered for the police department by Vegas and Murphy, plain clothes men with a fine record for team work. For James Tierney, Incorporated, Gloomy Cole and another operative took the job in eight-hour shifts. It was only a matter of patience, a little ex- pense money and salary day coming around regularly. "If Gloomy had only held on to that Horgan guy," reflected Tierney, comfortable in his private office in the skyscraper section of New York, "the Bronx Jewelry Makers Corporation wouldn't have given a good job to a two-term man." "And they one of our best regular customers," added Agnes Doherty, beside him with pad on her knee and vanity bag handy. "And putting him in the shipping department!" exclaimed "B. H." "All he had to do there was to change the address of the largest shipment so a pal could gather it in. By the time the express company unwound enough red tape to start looking for it other shipments would have followed and then Horgan would have strolled on to the next bunch of Incorpo- rated suckers. ' ' 64 NANCY PRESTON 55 "But we got the woman," hopefully reminded Agnes. ' ' Oh, yes. And a pretty one, too. There never was a likelier one stepped Sixth avenue of an evening. She with her straw-colored hair shining out through fog, snow or rain and showing off her blue eyes under the sailor hat. Some girl, Nancy, and she was the last one you'd think would quit the game and go straight as a string. We used to watch her on account of Bill Preston. But she married Bill. And it shows you, Agnes, how careful you got to be in this busi- ness. Even when the two of them was living on the square we kept tabs on Bill and so when he started crooked again we were right there with him and got him. We got him!" "He's off the books now, isn't he?" she asked. Tierney swung in his chair and stared from his sunlit window out beyond Manhattan Island to the bay where silver heels were kicking between the Bat- tery and Liberty. Sure, Bill Preston was off the books, he reflected, but it was his own fault. He pulled his gat when cornered. "Anything else?" asked Agnes, folding up her note book. "Nuthiny he grunted, but stirred himself from his reflections before she reached the door and shouted to her to wait a minute. 56 NANCY PRESTON "You got the personals clipped?" he asked. "Bring 'em in and I'll look 'em over." Pasted on separate clips of paper, the personal ad- vertisements printed in each morning paper were laid before him. He began a careful study of each, check- ing it off as he hunted what might be a hidden message from one crook to another. Out of the crop he got one that held him. It read: "Straw. Dan fires. Houses of Harlem. Home. Ting-a-ling. Housekeeper. Uncle." For a long time Tierney stared at the little two-line advertisement, pawing with a mighty right hand at his bristles. Then he clipped it clear of the others and pasted it on a sheet by itself. "Have I got something ? " he asked himself, repeating the words of the code slowly. Again he swung in his chair and stared out at the dancing silver heels with unseeing eyes, his fat fingers laced behind his round reddish- gray hair. ' ' Straw ! " he shouted finally. ' ' That 's her. Nancy Preston with her straw-colored hair. Bill used to call her that. Straw! That's Nancy! Uncle! Maybe the kid called Horgan that. Maybe he did. That's just what a kid would call his dad's friend living in the same house." A smile of happiness came to his lips. He was beginning to feel as if he NANCY PRESTON 57 would show results to another client who paid him an- nually a good fat retainer for keeping the gentlemen of the night from taking his pretty things. "Now then. ' ' He came out of his doping stage and began to reason the possible relativity of this jumble of words to conditions surrounding Nancy and Michael. Dan fires. . . . What was Dan firing? They were not in the arson line, just plain burglary. Fires stood for a name. It might be Burns. Houses of Harlem. ... It was an address Michael was sending, but there were lots of houses in Harlem and that meant nothing in the way of direction. Perhaps it was Dan Burns' business. He might be a builder in Harlem. Home. Ting-a-ling. . . . That was easy. It meant, "Look up his home in the telephone book." He acted on the advice and found Dan Burns, Builder, in the book, his office address and number and also his home address and number. "I guess we'll get Mr. Horgan," he said as he hurled the telephone directory into a corner of the room, his soul exulting. CHAPTER XIV ONE day, while Michael was anxiously waiting results of his attempt to get in touch with Nancy, Dan Burns gave him the plans of the villa and asked him to take the place of his foreman who had failed to show up. "Eight here is where we've got to do careful work," he advised over the ground floor drawings. ' ' In this wall of the sitting room you see what looks like a closet. Well, it ain't a closet. The door will be hid- den and only the plain blank wall will show. It's a hiding place for the old geezer's money and silver and diamonds. The owner of this house is taking no chances with burglars and he is one of these old misers who likes to have a fortune in cash stored away in case all the banks go wrong or there's a revolution or anything like that. The door swings open at the touch of a button and a little conduit protects the wires so they'll be safe from mice and wear and tear. The button sets in the wall over here under the wall paper and I guess he aims to hang a picture over the spot to guard against somebody accidentally touching it. Nearly all these fine houses have a vault like this 58 NANCY PRESTON 59 but generally they depend on the old-fashioned tum- blers to open and shut it. ' ' Michael followed the contractor closely and prom- ised to put the finishing touches on the job him- self. "This is a remote place to have a lot of money stored," he suggested. "If he had any brains he'd leave it all in his New York bank, ' ' laughed Burns, ' ' but this old money hog has been at the grabbing game so long that he can't go a day without the feel of the stuff in his hands. Honest. I been to see him about this house dozens of times. He's got a private office where he can watch* his cashier all during business hours and his eyes and mouth water whenever two gold pieces clink together. Down in "Wall street they say he's so rich he couldn't begin to figure out where he stands." "I don't envy him." "Me either. But I'm doing all I can to relieve him of some of the load. ' ' The contractor was turning away when he remem- bered something. "Your sister was on the telephone this morning and I come near forgetting to tell you," he said. Michael hid his anxiety with an effort. "She's coming around to-night to talk with my wife about the job. I hope she takes it. If you want to send her any message you'd better write it out for I might forget it." 60 NANCY PRESTON "Thank you. I'll write one for you before we knock off. I'd like to send her some money." As he worked on the vault for the Wall street man, Michael gave careful thought to the form of the letter he would write Nancy. His heart, at times, beat very fast. She was so brave and kind, so wholesome and sweet, despite all the past. Struggle and sorrow had, indeed, brought out the gold within her. The dross had been burned away in the furnace. And Bubs, the very thought of the lad, brought a hint of tears to his eyes. How the boy adored him ! At noon he hurried to his summer house refuge and wrote this letter which he sealed with all his cash and, later, gave to the contractor. "Dear Nancy: ' ' Burn this as soon as you read it. Do not, by any means, take it a step from the house. Chew it and swallow it if necessary. I am working for Mr. Burns out in New Jersey, not far away, but it is too early yet for us to try and see each other. The bulls are hard after me. Some one in the jewelry factory was a thief and the mo- ment I saw the men from headquarters enter the place I knew they would hold me on the two old convictions. Even if there was a chance of my winning in court the odds were too great to risk, a life term if convicted. So I had to get away in a hurry. Take the place with Mr. Burns. I am going to do the best I can to shake myself free and if I do am going to try for a degree in medicine in some distant city and start prac- NANCY PRESTON 61 tising. I don't know whether it pays to try to help the souls of people. Perhaps they haven't got any. But I'll know about that when my great experiment is ended and may write down the result. I know that you will not believe me guilty for a moment. Don 't try to get in touch with me. Take the job and hang to it for the boy 's sake. Press him to your breast for me, my dear, my dear." That night he went to the edge of the high cliff and strained his eyes to the south where the lights of New York made a great white blister in the sky, shutting off the stars above. CHAPTER XV JAMES TIERNEY, Incorporated, put two men on the house of Daniel Burns, Builder. It was no mean house, for the Burns family had prospered. They had long passed the apartment stage of existence and their residence, in what might be called a fashion- able section of the upper West Side, often boasted its line of automobiles when Mrs. Burns entertained. Her guests, occasionally noted in the Sunday news : papers under the discreet general heading of "Fur- ther Happenings in Society," to distinguish their so- cial caliber from events of like nature given by the Fifth avenue folk, included such notables as Supreme Court Justice Felix Muldoon, Surrogate Francis X. Muldoon, City Chamberlain Grattan Muldoon, Com- missioner of Charities Aloysius Clancey, Coroner's Physician Martin Lacey and always, bringing up the end magnificently, City Magistrate De Peyster Schuyl- kill, of the true Knickerbocker strain, a part of whose obligation to Tammany was social. Mrs. Burns even knew some of the most widely ad- vertised celebrities of the divorce courts by their first names and had served on committees with them, her name being printed with theirs. Daniel didn 't mind, 62 NANCY PRESTON 63 for he liked all humanity in his big way, unless it was of the Reform element in politics, and, with his ad- vancing fortunes had bought his wife "a truck load" of silver for the table and a van load of large hats and highly colored gowns for her wardrobe. Tierney chuckled when his man Gloomy Cole re- ported that "Straw" Nancy had taken a job as house- keeper with the Daniel Burnses, had sold out her few household belongings, given up her little flat and washtubs and with her boy was snugly sheltered on the top floor of the contractor's home. Nancy had managed to give the slip to the head- quarters men, Vegas and Murphy, but not to Gloomy, who had to redeem himself for the cigarette episode. This pleased Tierney. He could now lead the hunt with his own pack without fear of having his trails broken. "Agnes," he laughed, "I knew Daniel Burns when he was just Danny Burns with one horse and a small truck hardly big enough to carry a half dozen two-by- fours. Some morning he'll wake up with his St. Patrick's Day silk hat and his wife's tarara gone, along with all the gold dishes and Bedelia's grand opera jewels worth the ransom of a United States consul in Mexico." "They do fly high, don't they?" Agnes joined his laugh. "They do," he agreed, "but their engine is skip- 64 NANCY PRESTON ping and if they ain 't careful they '11 make an expen- sive landing. There was never a better lay-out for a big job. A jane inside and a gun outside. Believe you me, I'm going to close in on 'em right now. Gimme me derby. ' ' He reached in the top right hand drawei of his desk and lifted out an automatic which he slipped in his hip pocket. "Gimme that list of contracts Danny is putting through," he ordered as he placed his hat at a slight angle before a wall mirror. "Tell old Texas Darcy to pack his gun and get down in the runabout. If I ain't mistaken that Italian villa over in Jersey is about where we'll get Mr. Horgan." "Is he desperate?" asked Agnes. "Dunno, yet. But he'll have to go some to beat Texas to it. I Ve seen that old crap shooter roll a tin can up the road with his gat. Good-by, Agnes. I'll telephone you when to tell Gloomy to walk in on Mrs. Burns and break the news to her and take 'Straw' Nancy to the West Hundredth street station." CHAPTER XVI A SENSE of neatness as well as of economy made Michael purchase a pair of working trousers and a flannel shirt in the village. The suit in which he had escaped from the jewelry factory he cleaned as best he could and folded away in waterproof sheath- ing paper under the bench in the abandoned summer house. Later, when the time came for him to make a start for some distant city, he would have money enough to equip himself with the proper garments. But that time would not be until the pictures of him- self placarding police stations and postoffices had grown dim and cops and cupidous people had wearied of looking at them. His beard was of slow growth and thin and seemed rather to accentuate his lean dis- tinguished features than to blur them. The day before he was to receive his first communi- cation from Nancy was a Sunday. After making him- self some coffee in the shelter of the donkey engine, used in hoisting stone lintels into place as the villa rose under the hands of his fellow masons, he ex- plored carefully the brink of the Palisades. Intuition or the natural caution of the hunted animal made him seek an avenue of escape that would not be known to 65 66 NANCY PRESTON possible pursuers. There were no little paths down the steep precipice to the river like those that he and Bubs had found near the Dyckman ferry. The black rock jutted out here and there in ledges to which one might leap if desperately driven, places where eagles could find refuge but not man. At the forge, where the tools of the workmen were sharpened, he could fashion a grappling hook and, with a rope attached, he might manage to descend to the base of the cliff. He determined to try his hand at this during the com- ing week. He returned to his shelter and spent the day writing in his school pad. One passage he scratched out and then wrote in again : "The hunt is the oldest of the sports of man. If it so deadens a human being's sensibilities that he can kill with joy a she-bear or doe, harmless in its own wild sur- roundings, and deprive its young of the mother 's milk, what must it do to him who hunts his own kind ? ' ' In the evening he watched the reflection of the sun- set over the mansioned hills of Dobbs Ferry and Tar- rytown, beheld the pale stars appear between little clouds with golden edges against the deepening blue and listened to the evening songs and, later, the bed calls of the birds. As night came and the chorus of insects stridulated on the summer air he turned his face southward and stared at the white apophysis in the sky above New York. The blister whitened and widened as the full glare of the countless lights of the NANCY PRESTON 67 city of six million was achieved. Far below him the placid Hudson reflected the stars; back of him stretched a belt of heavily wooded land and beyond this the spreading acres of the open, starlit, fragrant, peaceful, where were the friendly lights of cottage windows. He returned to the willow thatched shelter between the boulders and, not daring to use a light for fear of attracting the attention of some village couple caught in the gossamer net of love, stretched on his bench and slept with his "scrub angels." The morning air, when he jumped to his feet with the first beam of the sun, was heavy with the incense of growing, blossoming things. The blood tingled in his veins and he could not but think of the contrast of a free life in the open and the life behind stone and steel a little way up the river. If men inclined to offend the laws, he thought, could but realize what they had in the earth itself, the sky, the stars, the wind and rain, the sunrises and sunsets, the glorious trees and pleasant fields, healthy, simple tasks await- ing them on every hand, and then imagine the shift to a cell, a constant gray light, toil without remunera- tion, the shuff-shuff-shuff of thousands of feet over the stone floors to and from the cell corridors, to eat, to work, to sleep, there would be no deliberate crime. A shudder passed through him. It would be worse than death, and the big net from police headquarters 68 NANCY PRESTON by this time had been spread the country over to catch his fleeing feet, trip him and hold him until the courts sent him back for life. For life ! The whistle of the donkey engine took him to his task on the villa, now risen a story and a half with its miser's vault all finished save for the placement of the secret door. Burns came out from the city early and with a grin of delight handed him a note. It was from Nancy. "She's doin' fine," he informed him, "an' we couldn't get along without her. ' ' It was too early for her to run such a chance, Mi- chael thought, as he drew aside from the other workers and opened the envelope. He read with quick glances over his shoulder from time to time : "Michael: "For God's sake beat it. The house is watched. The bulls may follow Mr. Burns any day. I thought I had lost them. I know you 're running straight. Don 't worry about me. Just get away from there. Bubs is fine but if they get you it will kill me. "NANCY." Down the highway from the village came at high speed a runabout. Before Michael could seek cover, it was in the road leading up to the house and within a few feet of him. A heavily built man with bristly mustache and reddish hair touche? with gray was NANCY PRESTON 69 standing with the door open, searching every work- man's face. The other, trim of build, of fair com- plexion and with sharp rat-like features, had hopped from behind the wheel to the ground. "There he is!" Tierney's heavy forefinger was leveled straight toward Michael. CHAPTER XVH "T X THAT'S all this?" shouted Dan Burns. His V V workmen dropped their tools to gape at the little drama unfolding before them. ' ' Git 'em up ! Git 'em up ! " shouted Texas Darcy, his nervous cigarette stained fingers twitching as he pushed an automatic against Michael's stomach. His sharp features were tight with an eagerness to slay. Michael's answer was to seize his wrist and twist the weapon aside as he fired. With the report, Tier- ney dropped in his seat in the runabout, his face white, a stream of blood coursing from a wound in the right jaw. The bullet had struck a rock and in its deflec- tion had grazed the detective. Michael and Tierney 's man went to the ground in a clinch, the workmen scattering out of range. As they fought, Michael for his life and Darcy to free his pistol hand, Tierney re- covered from the shock of his wound and, drawing his pistol, slid from the machine to hurl his igreat weight into the fray. Burns was no coward and although he knew Tier- ney and his business he was not the kind of man to stand by and see murder done in the name of the law. "Just a minute!" he cried, catching Darcy by the 70 NANCY PRESTON 71 back of the neck and dragging him from Michael's arms. "Git back there, Jim!" Tierney, dazed by the fury that had swept over him with the warm flow of blood, obeyed and the contractor protected Michael from further attack. Tierney pulled a pair of hand- cuffs from his coat pocket. "I got a warrant for this thief," he panted. "You're making a mistake, Danny. If he wants to resist, we're here to give him a fight." There wasn't the faintest chance of escape. Mi- chael held out his hands and in a second the steel bracelets were snapped on his wrists. Darcy threw open the rumble seat of the car and motioned the prisoner to get in beside his employer. "And if you as much as turn your head," he warned, "I'll put a bullet through the base of your skull. ' ' Tierney wiped the blood from his cheek and threw in his clutch. "Mr. Burns!" Michael called to the contractor. "Give her a fair chance, won't you? Before God I'm innocent." "Your sister?" he asked. "Sister!" laughed Tierney. "Say, Danny Burns, that woman in your house ain't his sister. She's an old timer and so is this guy. But you won't have to bother about that. She won't be there when you get home. I'll want you as a witness to-morrow morn- ing." 72 NANCY PRESTON "I don't know anything about either of them," re- plied Burns. "But you saw the fight he put up, I .guess," re- minded Tierney, "and a little charge of felonious as- sault goes along with this robbery case, I guess. ' ' The machine was off in a cloud of dust for the ferry, Darcy reminding Michael of his peril by occa- sionally touching him between the shoulders with his pistol. At the Fort Lee ferry house Tierney hand- cuffed his prisoner to Darcy while he telephoned Agnes Doherty. "Tell Cole to git Straw Nancy around to the sta- tion on a charge of aiding and abetting or something like that," he instructed his secretary. "If Mrs. Burns makes a row just break the news to her that she's an old customer. Maybe if Gloomy tells her to look at that yellow streak in her hair she'll be able to dope it out." CHAPTER XVin EXCEPT for such minor details as preventing Michael Horgan from getting bail and arrang- ing the evidence for the district attorney's office, Gloomy Cole, when he was informed of the arrest, felt assured that the clean-up of the case would come with the locking up of Nancy Preston. It had been a long watch and when he received the word from Tierney's office to "make the collar" he stepped to the task with a lighter heart than his wide and dismal counte- nance could possibly suggest. All afternoon there had been visitors to the Burns' home, for it was the receiving day of the contractor's wife. Tammany's elite had rolled up and entered and lively music from the open windows of the draw- ing room told of dancing and a merry enough party. In the forenoon an expressman had called for the family baggage and it was evident that the next day would see Mrs. Burns and her two half-grown daugh- ters off to the seashore. Trailing the tribe in its hegira would not have been so simple a job. Cole was grateful that his chief had closed in on his man and with his usual efficiency was putting the ease 73 74 NANCY PRESTON safely away for the summer months at any rate. With the court recesses coming on, there would be no chance of a trial before autumn, but the clever gentleman burglar who had doped him with a cigarette would be safe in the Tombs for the interim and probably Nancy Preston as snugly put away. The butler was serving refreshments when Gloomy pressed the button at the head of the brownstone steps. Nancy, in a maid 's dress, a bit of lace resting as lightly as a white butterfly in her brown hair, her blue eyes as clear and bright as those of a girl of sixteen, an- swered the door. She recognized the shadow immedi- ately and knew that Michael had not gotten her warn- ing in time. Her first thought was of Bubs, playing in her comfortable room on the top floor. She had just left him, after slipping from her duties for a moment to put her arms about his little body and steal a kiss. If this sinister looking man took her away, what would become of him? Panic came to her heart and she stood staring at Tierney's operative with pitifully white face, her knees shaking under her. "What is it, please?" she managed to ask. For answer he moved his coat slightly so that she could see the badge pinned beneath it. "Who do you want to see?" "I want you to come with me," he said. "There ain't no use in making trouble. Get your hat and NANCY PRESTON 75 take off your apron. There's a man on the job back of the house. You can't get away." "Me?" she asked. "What have I done? I'm working here for a living for my little boy and my- self." "Interfering with the due process of law," he an- swered glibly enough. "Helping a burglar to get away. Better come along without making a row." Nancy held herself to her feet by clinging to the edge of the open door. "For Christ's sake," she pleaded, "have some heart. I've been a clean honest woman for seven years. If you lock me up what will my little boy do ? He isn 't strong like most children. If you separate him from me it will put him in his grave. You'll murder him . . . you'll murder him." The tears were flowing down her cheeks as she looked in vain for a sign of compassion in the face of the man in the door. Suddenly a black curtain fell be- fore her eyes and she dropped to the floor of the entry. "Hey!" called Cole as the butler entered the hall* "Get Mrs. Burns quick. I don't want to break up no party here." "What's the matter?" the butler demanded, pick- ing up Nancy in his arms. "I'm arresting this woman. Take her in that room back there and call the missus." He pointed to a 76 NANCY PKESTON little cubby hole at the end of the hall where Dan Burns was wont to welcome the less socially ambitious of his friends. In a few moments the contractor 's wife joined them, Cole closing the door behind her. "Excuse me, Mrs. Burns," he began, "but I've got this girl under arrest and she's fainted." "Under arrest?" she repeated. "What has she done?" Nancy lay like a dead woman on a lounge against the wall. "She's mixed up with a burglar named Mike Hor- gan," Cole explained. "A burglar!" Mrs. Burns was horrified. The music of the dance and the laughter of her guests came faintly to them through the heavy mahogany door. "This is horrible!" she whispered. "My guests cannot be offended with such an intrusion. Get her out of here as quickly as possible. Take her downstairs and out at the servants' door. Quick about it." Her anger began to rise. "And if you bungle the job Mr. Burns will have to know the rea- son why," she warned. "She'll come around in a minute, ma'am," said the butler, loosening Nancy's waist and chafing her wrists. Cole's prisoner opened her eyes slowly and closed them again. A moan escaped her bloodless lips. "Can you sit up now, Nancy?" asked the butler. NANCY PRESTON 77 She struggled to an elbow and looked about her. "Where's my Bubsy?" she asked faintly. "I was dreaming something happened to him." "He's all right." The butler helped her to a sit- ting position.. "What's the matter?" she asked and then, catch- ing sight of Cole, she remembered and turned in an appeal to the mistress of the house. "He's taking me away and I haven't done anything; not a thing, ma'am. Before God, I'm a clean straight woman. If they lock me up what '11 happen to my boy?" Under her fine clothes and the hardly acquired polish of her prosperous days, the mother instinct in Mrs. Burns was stirred. She turned to Cole. "This girl has been a faithful worker and is honest as far as I know," she said. "Maybe," agreed Cole, "but she's been running with an old burglar and the two of them might have cleaned out the house any time if we hadn't been watching them." "I can hardly believe that." "It's a lie, Mrs. Burns," sobbed Nancy. "And she's an old street- walker besides. They used to call her Straw Nancy." Cole annihilated any remote chance of Nancy getting help from her mis- tress. "See, there's some of the yellow dye still in her hair. Not much," he added, "but there's enough to show you why she got that name." 78 NANCY PRESTON "A street- walker!" The mistress of the house thought of her two girls. ' ' Get her out of here ! ' ' "But my little boy, Mrs. Burns," begged Nancy, falling to her knees. "We'll attend to that," Cole said, picking her up and half carrying her to the stairs leading to the basement. "I'll take him around to the Gerry So- ciety." One of his hands went quickly over her face to stifle the scream of despair this news would cause. In the humble walks of New York City life, where the love-tie is powerful between mother and child, strong through all vicissitudes and even viciousness, fear of this institution is greater than the fear of death. Nancy fought like a tigress for her whelp until once again the merciful black curtain descended. In a taxi, the stolid, efficient, emotionless operative of James Tierney, Incorporated, bolstered the senseless form of the mother in a corner and took her to the police station. CHAPTER XIX Burns family went to their cottage by the * sea for the hot July and August weather, all ex- cept Danny, who put off his vacation until the splen- did villa on the brink of the Palisades opposite Dobbs Ferry was ready for its owner, who was eager to spend the autumn on his new estate. The rusty Criminal Courts building on Centre street, in downtown New York, was practically de- serted, save for the idlers in the pay of the city and county subpo3na servers, coroners' clerks, janitors, slovenly and insolent elevator men, a handful of news- paper reporters and copy boys and a drifting stream of anxious men and women concerned with the fate of loved ones hopelessly lost in overcrowded dockets while the judges were away resting. The broad stairs and dark floors of the cracked and seamed temple of justice gathered dirt and rubbish and the evil odor of uncleanliness. The talk in the corridors was of politics of assembly district and precinct caliber and of small jobs. The eloquence of street cleaners and sewer men, of rum-smelling heelers and henchmen, freighted with filthy words, rose high. In the Tombs, joined to the building by the Bridge of Sighs, Brother Michaelis of 79 80 NANCY PRESTON the Convent of La Trappe was kept close to his cell with a minimum of exercise on warning from Police Headquarters that he was "a bad actor." Not many blocks away Nancy Preston was held a prisoner in the House of Detention, a place especially designed for people against whom the Criminal Statutes might not be invoked directly but whose freedom might cause worry to those engaged in preparing prosecutions for the fall term of court. It kept the bandage over the eyes of Justice tilted upward just a little on one side. A little further uptown and still east of Broadway, Bubs was a prisoner in the care of the Children's So- ciety pending the return to the city of the summer swallows. Everybody who was anybody had igone to the sea or the mountains. The nobodies fell into the lock-step of Manhattan at the rush hours as usual and at night panted and sweated at open windows or on fire escapes. Some of the more desperate, down in the East Side, slept on the sidewalks after midnight, their young offspring stark naked beside them. Nancy cried for her little lad until her heart was left dry and hard. Then she sat still and white save when a sigh too deep for her strength of body and soul threw her into a spell of trembling and set her pretty face twitching. At the beginning of September came a welcome re- liet. The House of Detention received for safe-keep- ing a gorgeously dressed and painted female of care- NANCY PRESTON 81 fully concealed middle-age. Her remarks were fluent and strong as she prepared to make herself at home for the time of her stay. Her anger worked off, she finally undertook to make the acquaintance of her fellow prisoners and even went further by inaugurat- ing an afternoon social affair with a greasy deck of cards, the game being "Rummy." "My name's Mazy Lamont," she announced. "Hazy Mazy." Nancy looked up and studied the woman's face. ' ' They 've got me wrong as usual, ' ' continued Hazy Mazy. "There ain't a bird in this little town playing in worse luck than me. If they'd only pinched me a week ago I'd been all right. I had the money then for my bondsman but I was clean broke when this trouble started." The Rummy game was not yet under way. Nancy left her chair by the barred window and went to the woman. "Do you remember me?" she asked. "No," replied Mazy after a careful scrutiny. "How's Jennie?" "What do you know about Jennie?" demanded Mazy, startled. "If my hair was yellow, would you remember me?" Mazy studied Nancy 's blue eyes. ' ' You ain 't Straw Nancy what went straight ? ' ' she asked. "Yes." 82 NANCY PRESTON "Oh, my God!" The tears sprang to the eyes that had been so brazenly cold and Mazy 's arms went about the shoulders of the broken little mother of Bubs. "You poor dear, you poor dear," she exclaimed in her sympathy. "Tell me what's the matter." They drew aside from the other women. "I must get a bondsman," Nancy told her. "They've taken my little boy to the Gerry Society and he's not strong. They might give him all the medi- cine and food in the world but he's never been out of my arms a night since he was born and his little heart will be broken." "Gee!" cried Mazy, her eyes wide with wonder. "I didn't know you had a baby, Nancy. Where's your man?" "Dead." " Oh ! And what you in f or f " "As a witness against a friend, a good friend, the only one I've got on earth." "And they'll put it to you if you don't come across against him." "It's my little one, Mazy, I'm fighting for. I must get to him. I've got to get him back. You have your Jennie. ' ' Mazy Lament's colored finger tips went to her tem- ples under the bronze puffs of hair and her lips trem- bled. "When she got control of herself she sat closer to Nancy in their corner and whispered: "I got to NANCY ^RESTON 83 tell you, Nancy. I got to tell somebody." Nancy took one of her hands and held it tightly. "My Jen- nie's finished boarding school and has met a young man. I ain't seen her in five years and I'm afraid to go near her. She would know, Nancy. She would know with one look what kind of a mother she's got." Her painted cheeks were wet. ' ' If I could only get a good look at her and touch her hand maybe or hear her say something, Nancy! But I'm afraid. All I could do was to send them the money and say it was from an aunt. It was sending her all I had for the wedding that broke me and got me in here. They're going to be married this month, before I get out of this place. I was thinking I might go to the church and sneak up in the gallery and see them. It's out in the country a few miles. She'll have a fine white veil and orange blossoms. I sent them myself with a beautiful organdie dress and I was going to buy the bonnet. . . . Oh, my God, Nancy, my God, Nancy . . . me a poor prostitute buying wedding clothes! Oh, Nancy, if I could only see her just once." "If we could get a bondsman," suggested Nancy. "There was Luther Littsky. What became of him?" "Littsky?" she repeated dully, drying her eyes. " Littsky 's a rich man, made it in girls; arrested a dozen times and beat 'em out every time with his money; the witnesses weren't locked up on him and they got theirs and beat it." 84 NANCY PRESTON "If I could get word to him," Nancy suggested. "Oh, yes, I remember!" cried Mazy. "That little beast always liked you a lot. He was wild when he heard you'd gone straight." "I've got to go to my boy, Mazy. Can you reach him?" "I dunno; maybe." "And you might get to ... to ... the wedding." CHAPTER XX DETECTIVE headquarters was on the wire. Tierney lost no time in clapping the receiver of his telephone instrument to his ear and Agnes lifted her fingers from the board of her typewriter. "You say Miska put up the bond for her?" he asked after getting the message. "Well, ain't he one of them Broadway gonophs? Ain't he the one who runs the art and antique shop? Sure I know him. . . . Sure I know he's got money. . . . Put up a real estate bond, did he?" He paused to wipe the perspiration from his forehead, hitching himself with his elbow closer and closer to his desk, fearful of losing a word. When headquarters gave him a chance to break in again he was purple with rage. "Well, I'll just spill you somethin'," he all but screamed into the instrument, "Straw Nancy will beat it unless you keep that kid of hers tied up safe somewhere ! What ? They let her have him? Good night and thanks for the lobster!" He dropped the receiver in place and swung about in his chair. Agnes 's fingers began flying over the keys. "Cut out the tick-tacks," he snapped. "Is Cole outside? Send kim in and beat it for your lunch. ' ' 86 86 NANCY PRESTON "Lookit!" Tierney began as Gloomy slid into a chair. "Straw Nancy is out and has her kid. There's money back of her. You know Miska, who sells fresh antiques on Broadway ? ' ' Gloomy nodded. "Is he banking for any burglars just now?" "No. But his partner, Luther Littsky, might be." "Oh, Luther is his partner, is he? Lemme see, lemme see." He stared out the window for a igood three minutes. ' ' Say, maybe Nancy sold out to him, ' ' he muttered. ' ' With rings and stuff on her and those blue eyes she'd look all right to Littsky. I'll say she would." He mulled this theory as Gloomy sat staring at the floor. "Say," he began aloud. "She was straight a long time. If she's selling out to help Horgan she must have fell in love with him. And it's some price for a woman to pay, although they'll pay it if it's the last card." "Maybe, it's her kid she's paying for," suggested Gloomy without lifting his eyes. "Huh." They were silent for several moments. "She fought like a hell cat when I told her I'd take him to the Gerry Society," reminded Tierney 's aide. "And all night she screamed and yelled in the sta- tion cell." "Well," decided Tierney, "we ain't aiming to put her away anyhow. It's Mike Horgan we're after." "And I (guess we've got him good and tight," added Cole. NANCY PRESTON 87 "Is that feller Hindman what saw him change the address on the box of stuff in the shipping room stick- ing to his story?" "Sure." "And the driver of the wagon can swear Mike put that box on himself ? ' ' "Sure." "And you got the witness to prove he lit out the minute Vegas and Murphy showed up?" "I got a dozen of 'em." ' ' Then I guess we can go to the bat with this case. We don't want any adjournments, y 'understand. Have everybody in court in plenty of time." "They'll all be there." "Has Mike got a lawyer?" Gloomy shook his head. "I wonder if the guy at the other end of that rob- bery sold him out?" Tierney pondered this possi- bility. That sort of thing seldom happened. Crooks always stuck together to the last ditch. Then his pale eyes twinkled. "Gloomy," he laughed, "I got a right to that name Bonehead. There '11 be a lawyer in court for Horgan. Just watch. We got Nancy so quick she didn't get a chance to pass along the word to the right party with the bank roll. But she man- aged it from the House of Detention. He'll have a lawyer all right. Littsky is the man with the bundle for this bunch of crooks. You just stick around and 88 NANCY PRESTON watc~ him from now on. He hangs out in the lobby of that hotel where the wiretappers stop, right in the center of the bright lights. You can tell him by his lean black jaw. He's got a beard that takes three barbers to shave off every morning and eyebrows so black and strong you could use the hair for needles. He dresses in the latest style and his hands and feet are pretty like a woman 's. The bulls at headquarters all know him and all the girls know him." "I never was in on any white slave case," Cole ex- plained with a hint of apology for his ignorance. "But I can pick him up." "Go to it." With Gloomy 's departure, Tierney fell to dreaming out of the window again. ' ' I 'm sure a Bonehead, ' ' he laughed. "I should have let Straw Nancy stay right where she was and put Agnes in the house to watch her. Then we might have landed the whole bunch. But it does seem funny that Littsky is gone in with the yeggs. That ain't his line. I wonder if he's after Nancy. I wonder if he wants her bad enough to get real estate put up for her." CHAPTER XXI LUTHER LITTSKY'S money was as good in New York City as the money of Trinity Church Cor- poration. It opened the door of the House of Deten- tion for Nancy and Hazy Mazy Lament and did it in a perfectly legitimate way. It also took Bubs from the care of the Gerry Society and furnished him and his mother a shelter in one of the many rooming houses in the Fifties west of Broadway, where sinners occasionally rub elbows with a stray saint to the help of the latter 's understanding. It aided in a miracle as blessed as that which turned another woman from the highway to become a companion of the Mother of the founder of Christianity, in that it bought a cake of soap for Miss Lament. Layers of paint were scrubbed from her face and much charcoal washed from her lashes. Her gaudy clothes and pin-heel shoes were laid aside. From the corner of the gal- lery in a little church not many miles from Forty- second street, she saw her daughter radiantly happy in the white organdie dress and from an upper win- dow watched her schoolmates shower her and her hus- band with rice as they drove away. Then she re- turned to New York to share Nancy's room. 89 90 NANCY PRESTON "I can't tell you about it for a week, Nancy. I'd holler so the landlady would throw us out." Mazy drew Bubs to her lap. "But I'm done. I'm goin' out after a job and be respectable." For a moment she studied her reflection in the warped bureau mirror. "God!" she exclaimed, "I didn't know I was getting as old as that. ' ' Then she studied Nancy 's face for a moment and sighed. "Look it, Nancy," she ex- claimed. "You're as pretty as a picture! There's something in your eyes never was there in the old days. I guess it was having Bubs to love, having him close to you all the time." A knock at the door ended her conjecture. Against the gloom of the hall the figure of Luther Littsky appeared, slick as a model for a Fifth avenue tailor. It was late afternoon and the reflected light in the room from the white-painted airshaft cast no shadows. "Well?" he asked in a slight accent. "May I come in?" His black eyes, under heavy eyebrows, danced and his dark lips smiled. Mazy jumped from her chair and offered it to him, taking Bubs to the bed, where she perched with him on her knees. "Take the kid for a little walk," he suggested. "I want to talk with Nancy for a few moments." When the door closed behind them, he bade Nancy be seated and himself sat facing her. Breathless, she waited for him to speak. "You've had a tough time, haven't you?" he asked, NANCY PRESTON 91 leaning forward, his elbows on his knees, his silk- gloved hands lightly clasped. She nodded. "What are you going to do when this case is over?" "I think I can get a job." She felt it useless to say this, for the fire in his eyes warned her that the strange passion he had felt for her years before was there within him still. "I don't know what it is that makes me want you so, Nancy, ' ' he began a little excitedly, brushing aside her answer as unworthy of comment. "But I want you and have always wanted you. It ain't your looks, because I had a prettier girl when I first saw you. You're smart enough but it ain't that. The other girl was plenty smart. She rolled me for eight thousand before she left the key of the flat with the janitor. What's it, Nancy?" He reached a hand to her lap but she moved her chair back. "I don't know," she said simply. "Then suddenly you get married and go straight and work hard and have a baby and ..." He stood up and thrust his hands in his pockets. "I'll tell you, Nancy, why it is I want you. You're a ,game one. There ain't any gamer. And another thing, you're something I ain't. You're honest. And you're decent." "What did it cost you to get the bond for me?" she asked. "That doesn't matter." 92 NANCY PRESTON "I'll pay it back. I 'm going to work. I'm a good washwoman. ' ' "A washwoman!" He laughed until the moisture came to his black-rimmed eyes. "I made a living at it after my husband died." "You worked at a washtub?" "Yes." "You with those eyes and that soft sweet skin that don't need any more paint than a baby's needs? Why, you ain't any fool, Nancy. You know the game of life. You know it don't pay to be honest, not in this little old town. ' ' "I have a son to think of. ' ' Her shoulders straight- ened back and joy and pride shone in her eyes. He marveled at her. She looked the clean and good woman that she was, whatever she might have been. "And you're going to try to fight it out without a friend? "he asked. "I have a friend." "A gentleman?" He sat down again. "He is a gentleman." "Maybe he didn't know they had you locked up," he suggested. "He did know but he couldn't help me. He is in trouble." "Oh, a gentleman crook, eh?" "He's no crook but he's in the Tombs." "Oh. It's this fellow Mike Horgan. Sit down, NANCY PRESTON 93 Nancy, won't you? Tell me who this fellow Horgan is. I been trying to find out ever since I learned you was a witness of his." ' ' He was a friend of my husband. ' ' "A burglar?" Her brows knitted as she thought how to answer this. "All I know is that Bill brought him home one day before we were married and he liked me and we both liked him. He 'd just come out of prison, a short term, and had written a book about it. He didn't seem to worry about being an ex-convict. Then he was arrested and he got another term, although he wasn't in on the job. He could have cleared himself but the guilty man had four children. He took the blame and laughed and said he had to write another book. We all thought him a little off in the head. He might be. But he made Bill and me the happiest two people in the world. We never met anybody like him before, always thinking of himself last and always getting happiness out of seeing other people happy." "He's a nut, I guess." Littsky had watched her face closely all the time she talked and he had not failed to see the roses creep timidly to her cheeks in the gray light of the room. Nor did the added bright- ness of her eyes go unheeded. "You love this fellow?" he asked. She did not answer him. 94 NANCY PRESTON "You want me to get a lawyer for him?" "Oh, if you will only help us!" she cried. "He ... he. ..." She could not go on. "Sure I'll get a lawyer for him, Nancy. I'll do it right now." "I'll work my hands to the bone for you." He left her wondering what had come over him, wondering if Michael's theory that there was gold down in the heart of the poorest, meanest, most be- nighted of humanity was true, left her almost ready to sing his praises and he took a taxi to the office of Al- bert S. Alberstein, a lawyer as well known in the underworld as he was himself. Rosy-cheeked, round-bellied, bediamonded, Alber- stein greeted his client vociferously. "I want you to defend a guy named Mike Horgan," Littsky informed him when the door was closed. "With pleasure and all the resources of the firm," the lawyer assured him. "He's a burglar and broke. He's a friend of a girl friend of mine." "Ah." "I'm putting up for the girl, get me?" "Oh, yes." "Here's five hundred." Littsky peeled off five one hundred dollar certificates from a heavy roll. ' ' I was afraid the court might assign a lawyer to defend him, one with brains." NANCY PRESTON 95 "Oh!" "And he might get off. I want him put in." Alberstein squeezed the money into a waistcoat pocket. "Of course, if he really is a burglar," he said with a smile, ' ' a conscientious practitioner should not help to turn him loose on the public. I ask you, should he?" Littsky's eyes snapped. "Put him in the chair if you can, as far as I'm concerned," he laughed. CHAPTER XXII IT was the witness Hindmau who landed heaviest for the prosecution in the case of the People against Michael Horgan. His story was brief but every word of it hit hard. He swore that he saw the defendant scrape away the address on a box of goods and with brush and paint box substitute an- other. He was employed in the packing department and had himself packed this box, was sure of it being the one he had handled. Horgan, he testified, stood so that he could not see the new address when he dis- covered him nearby. The prisoner then loaded the box in an express wagon, face down, so that the change would not be noticed. Michael, seated beside his counsel, Alberstein, leaned over and whispered: "That man is the thief. His story is a lie." Alberstein smiled and nodded to his client. It was a case of no importance and the court benches were empty, save for Nancy and Mazy, Tier- ney and Gloomy Cole, Littsky and the witnesses who would swear that they had seen Michael just before the detectives, Murphy and Vegas, arrived and missed him immediately afterward. The paymaster was also 96 NANCY PRESTON 97 there to testify that the prisoner had not asked for his wages before leaving and the foreman of the shipping department to testify that Horgan had given him no notice that he was quitting the job. Daniel Burns, the contractor, and a number of his workmen were also in the Tierney bench close to the rail as witnesses to the fact that the prisoner had fought his captors. Behind the judge's dais, a tall painting of Justice holding aloft the scales with one hand, a crystal sphere in the other, made a background for His Honor who sleepily scribbled with pen and ink on a sheet of paper, his jowls falling over his collar, his stertorous breath stirring a fulsome mustache. Behind the ele- vated witness chair where Hindman sat and covered his work with perjury was a panel in oils of three female figures, the Fates, and behind the desk of the court clerk on the other side of the dais a picture of three male figures seated on a marble slab, represent- ing Liberty, Equality and Fraternity. The jurors presented from their box twelve vacuous faces. Al- though the fall session of the court had been in prog- ress hardly two weeks the room already smelled of unclean humanity. Tierney squeezed into the witness chair when Hind- man had finished covering himself and his associates in thievery. He testified, under the guidance of the assistant district attorney, that he was a private de- tective and that the jewelry manufacturers that had 98 NANCY PRESTON been robbed were among his clients. "I'm paid to keep track of professional crooks," he swore, "and had a man ready to shadow the defendant the day he left Sing Sing after his second term." "Just a moment," ordered the Justice, looking to- ward counsel for the defense. Alberstein was busy making notes. "If the counsel for the prisoner does not make ob- jection I shall order that part of the witness's testi- mony stricken from the record. It is not competent testimony in this case. The prisoner is being tried for the crime specified in the indictment and is not being retried on some other case." "I thank your Honor," said Littsky's lawyer. Tierney smiled. They could strike it out of the rec- ord but the jurors had been igiven the information that Horgan was a two-term man. Tierney told of his efforts to find the man who had robbed his clients, his translation of the newspaper code message to a woman who had been known as "Straw" Nancy in the Tenderloin, his discovery of her and finally the arrest after a bitter fight in which he was shot in the face. The other witnesses followed, clinching the case, and adjournment was taken for lunch. After an hour and fifteen minutes in the neigh- boring restaurants of Franklin, Centre and Lafayette streets, judge and jury reentered the courtroom. The NANCY PRESTON 99 first tingle of winter was in the air outside but within the towering red Criminal Courts building a full head of steam heat was on. With their stomachs well lined, in this oppressive atmosphere, the voices of the counsel for the defense and the district attorney sounded to the jurors in a gradually diminishing hum. The black-robed fat man under the scales of justice nodded, fighting off the attacking somnolence occa- sionally by frantically scribbling curlicues on his pad. Suddenly a uniformed court attendant shrieked: " Nancy Preston." Another at the corridor door screamed the name and the jurors shuffled their feet and surreptitiously rubbed their eyes. His Honor cleared his throat and was on the verge of another cat-nap when the witness appeared at his left, her hand on a greasy Bible held together witE a dirty rubber band. As the clerk rumbled out the Oath, His Honor saw, as through a gray veil, two patches of blue as fair as the blue of a Maytime sky. They roused his mind. The young woman was clad in black, a pale blue jabot relieving the somberness, a blue flower tucked under the brim of a black, untrimmed velvet hat hinting of a period of mourning that had passed. Her brown hair was heavy about her ears, the one hint of dye being hidden. Her face was pale but the pallor did not detract from its sweetness. Nancy's little cotton-gloved hands hung limply over the arm of the chair. A beam of the lowering 100 NANCY PRESTON afternoon sun, striking through a window back of the jury box, illumined her form. She looked straight at Michael, beside Littsky's lawyer, and smiled. There was so much of hope and love in the expression which crossed her features that Littsky's eyes blazed with bitter anger. Michael watched her closely, color coming to his lean, dark countenance. He had ad- vised against her taking the stand. Alberstein, mind- ful of earning the Judas money given him, had in- sisted that she testify. "You may tell all you know about this case, Mrs. Preston," said the lawyer, half rising in his chair. "I know he didn't steal anything or have anything to do with stealing," she began, talking straight to the justice. "Tell your story to the jury," His Honor bade her. She turned in her chair and continued. "He was a friend of my dead husband. He came to board with me and help me and my little boy. He never went anywhere except to work. He spent all his money on us because he loved my little boy so and my boy loved him so. Bubs called him Uncle Michael. We were very happy. If he had been a thief I would have known about it." She paused and cast down her eyes. "Well?" urged Alberstein. "I know thieves," she confessed. Littsky's money was earned by his man of law. Her whole past lay NANCY PRESTON 101 open to cross-examination. "When I was a girl," she continued, "I had a hard time. My father was a drunkard and my mother died when I was ten years old. I went to the public school for two years and learned all about the street. Some of the children, a lot of them, had vile diseases. Lots of the girls couldn't be anything but bad. When I went to work and was ill and then lost my job I couldn't pay my room rent. I was nearly starved. There was a girl with yellow hair and blue eyes and she always had plenty of money. I ... I ... dyed my hair and went with her. I didn't know it was very bad. The man I met was kind. He wasn't to blame." Her little gloved hands went to her face. An attendant offered her a glass of water. She found her hand- kerchief and dried her tears. "Then I met my hus- band and Michael came along, ' ' she continued. ' ' We didn't know much about right and wrong but we learned from him somehow. He never preached at us. He was just kind and gentle. So we got married and the baby came and we were happy for a long time. Michael gave us all that and we loved him for it." The prisoner's eyes shone. The simple narrative was indeed a tribute worth cherishing. "You may take her for cross-examination," Alber- stein informed the assistant district attorney. Tier- ney entered the gate in the rail and drew a chair be< side the prosecuting officer, opening a note book as he 102 NANCY PRESTON did so and giving it to him. He was all prepared for that one hoped-for "slip" on the part of counsel for the defense. The assistant district attorney studied the notes carefully and then rose and faced the wit- ness. "You are a widow, Mrs. Preston?" he asked. "Yes." "Of what did your husband die?" Michael flashed Nancy a look that told her to stick it through. "A wound," she replied, clasping her hands tightly. "By whom inflicted?" "I was not there." "If the court pleases, I shall enter the record of William Preston's death as exhibit A." The court glanced at it and allowed it to be read to the jury, the cold, stark narrative of a burglar killed on a job. "Were you ever known by any other name than Nancy Preston?" the assistant district attorney asked. "None except my maiden name," the witness re- plied. "When you were a street walker were you not known as 'Straw' Nancy?" "I couldn't help that." A sob escaped her as the alias, one of the meanest and cheapest of police blights, was applied to her. "I will ask if you recognize this bit of paper." NANCY PRESTON 103 She was handed the note of warning she had sent Mi- chael the day of his arrest. "I wrote it," she admitted. "Telling him to beat it?" "Yes." "Aiding him to escape if you could?" "Ah, I had to help him. He was innocent." She could not stand any more of the grilling. The fight in her was gone. "I hardly think it is necessary to go further with this witness," suggested the court. "She admits that she was the wife of a burglar and had been a street walker. She admits trying to warn the defendant." "You may stand aside." The district attorney's representative, following the ancient custom of his office, had brought out everything harmful that he could against the woman and the prisoner. The jury was given no single word of the seven and more years of uphill struggle, of a crooked path laid enticingly before a hungry and shelterless child having been straightened out without help from society, of her duty well done as a mother and wife, of her time at the washtubs. She stepped down from the witness stand as merely Nancy Preston, alias ' ' Straw ' ' Nancy. Short as were the arguments and instructions to the jury they sounded to the jurors as the distant buzzing of bees on a hot summer's day. The twelve good men and true dragged themselves from their 104 NANCY PRESTON chairs, retired, and in a few moments returned with the verdict of guilty. Michael was remanded to the Tombs to appear again before the judge to be sentenced the following week. The prison guards gave him a moment with Nancy. "Kiss Bubs for me," he said. "Don't give up, Nancy. He 's worth all the fight you can make. ' ' In her weakness and despair she laid her head against his shoulder and he whispered: "As soon as they stop hounding you, let me know where you are." CHAPTER XXIII ACCOMPANIED by James Tierney, the assistant district attorney in charge of the case of the People against Michael Horgan entered the chambers of the trial justice on the day set for sentencing the convicted man. "Here are the records in the Horgan case, Your Honor, ' ' said the prosecutor. ' ' Mr. Tierney has some data additional to that collected by the police." "Let me have it, Mr. Tierney." The judge put' aside the volume entitled "The Prisoner at the Bar" and turned to the private detective. His eyes were vague and the lids droopy as Tierney took a chair be- side his desk. The sun poured through a deep win- dow to his heavy shoulders. "This feller Horgan," began Tierney, "has got a lot of brains. Most crooks don't use their brains if they have any worth mentioning." "Really." A ghost of a smile flitted across the fat features of His Honor. "That's right," Tierney assured him. "Perhaps you mean that the crooks that are caught are a bit deficient in intellect," the judge suggested. He seemed ready for deep slumber, merely a little 105 106 NANCY PRESTON slit of light showing under the heavy curtains of his eyes. Tierney's fat hands rubbed his knees as he thought this over and through his lowered lids the judge watched the eager play of the ten fingers. "Of course," admitted Bonehead, "there's an awful lot of people on the outside lookin' in that ought to be on the inside lookin' out. But if everybody was con- victed for what he'd done against the law there mightn't be enough people left to make up a jury panel." He turned to the assistant district attorney as if for verification of his theory. "I'll not need you, Mr. District Attorney," drawled the judge. "I know that you are pretty busy. You may leave Mr. Tierney, or did you say his name was Kearney? I would like to hear what he has to say about Michael Horgan." Tierney's fingers came to- gether on his knees. This judge was the limit, he thought. Why, he couldn't keep awake long enough to get a man's name right. ' ' You were saying, I believe, ' ' mumbled His Honor, as the prosecuting officer withdrew, "that it would be hard to get juries if all the guilty ones of humanity were locked up." "Well, your honor," Tierney replied hesitatingly, "I was thinking of the law's maxim that it is better to let ninety-nine guilty escape than one innocent man suffer unjustly." "Mr. Kerney ... I beg your pardon. Have I the name right?" NANCY PRESTON 107 "Tierney is my name. James Tierney." "Ah! Mr. Tierney, if you really believe that the ninety and nine escape punishment by the law for their evil conduct that in itself would justify the ex- istence of so many private detective firms, would it not?" Tierney, not knowing what this conversation was leading to, smoothed his palms one against the other. "Mebbe so," he said. "Of course, the greater number of convictions se- cured by a private investigating firm the more clients and the greater profit," the judge said slowly. "It is a parallel to the police system of promotion. A de- tective who puts it over on every case becomes a lieu- tenant, then a captain and then an inspector. It is a splendid system. Merit is rewarded. Reward is the chief objective?" Tierney didn't like that comment, and his fists doubled. "May I ask why you double your fists ? ' ' the judge requested, looking up into Bone- head 's eyes. "Are you angry?" "I came in here with the additional stuff on this burglar Horgan," blurted Tierney. "If you want it, I '11 give it to you, Your Honor. ' ' "I shall be glad to hear it." "If a man steals twenty dollars, Your Honor," Tierney began, "and the police get the goods on him he is tried and sent to jail so quick that he finishes his sentence before the man who steals a thousand dol- lars gets indicted by the grand jury. If he steals a 108 NANCY PRESTON million he might be tried but he'll be acquitted. If he steals two million a subscription is taken up and a monument is built for him." The judge smiled broadly. "Ain't it so?" continued Tierney. "All the world knows about the case of the young Pitts- burgh millionaire and his trials for murder. There were reporters at that trial from every great city in the world, with telegraph and cable wires stretched down from the skylight to the floor of the court room. Especially in England, the people watched the test of Money against Justice. The first trial lasted three months. Did his money put the law on the bum? Ill say it did. And there was the case of the down- town banker who was convicted of rocking the boat and starting that big panic in nineteen hundred and seven. He was sent to Atlanta prison. But did he serve his term? He did not. He said he was too sick to serve it and he got a pardon. Then, after a few golf games he goes right back to the same old job of trimming the Wall street push." Tierney paused in his dissertation, but seeing that he held the interest of the judge, continued: "It's always a fight between two sides, Your Honor. They are the criminals and the cops. The court is only the referee. On my side we know that once a man goes wrong he'll go wrong again in nine out of ten times. If he's got brains and education like this feller Horgan he's got to be tailed all the time, for it NANCY PRESTON 109 ain't the man with the blackjack that is hard to catch. It's the man with brains or money that makes us sweat. The police don't frame innocent people but they'll frame crooks. There ain't enough money in the world to make me send an innocent party to prison but with crooks it's different. Horgan is al- ready a two term man and my operatives and the headquarters' bulls know the company he keeps. He 's better off where he can't cause trouble. Before the trial they had him down before the inspector and sweated him for days. They even came to me for questions that might trap him and make him weaken. ' ' "Did he answer their questions?" asked the judge, picking up his volume and glancing at it idly as he opened it where a slip of paper marked his last page. ' ' Sure he did, ' ' Tierney answered. ' ' But he didn 't tell 'em anything." "Did he speak of the young woman who was his only witness?" Tierney 's hands were thrown up in a gesture of disgust. "Sure," he said. "He told 'em Nancy was the finest woman in the world because she could get away with the game of being on the level." His grin was wide. "What'd'yuh think of that, judge? He told 'em the old Straw Nancy, a 'cruiser,' was a saint." Tierney could not restrain his mirth and laughed aloud. 110 NANCY PRESTON "But is she a woman of the town now?" asked the judge. "Mebbe not," Tierney acceded, "but her note to him, telling him to beat it because the bulls was after him showed she was in on his get-away if he could make it." "Perhaps she loves him." Tierney 's finger nails bit into the flesh of his palm. The fat old fool in the black silk robe was a sentimen- talist, he was sure. The judge watched his clenched fists over the top of his open book. "It is evident that she firmly believes in his inno- cence. And, to tell you the truth, Mr. Tierney, while the case against Horgan was strongly enough pre- sented it was entirely circumstantial and it does not seem at all impossible that he was wilfully denied the right chance to come straight in life after his last term. Tour own evidence, which I excluded from the record, told of your putting a shadow on him the moment he left prison. What is your idea of a just sentence for this man?" "His record shows him a habitual criminal and he could be sent away for life, Your Honor." "And the woman he helped and the child he spoke of, what becomes of them ? " he asked. "They ain't his woman and child." "She might weaken and go back to the streets, Mr. Tierney." NANCY PRESTON 111 "Then it would be up to the cops to watch her." "And about the little boy?" asked the judge. "There's the Gerry Society." The judge nipped the leaves of his volume, but glancing at a little clock on his desk, put it aside and rose. "The prisoners are waiting to be sentenced," he said. Tierney followed him to the court room. Michael was brought before His Honor, handcuffed. Beyond the rail Nancy sat with tightly clasped hands and pallid face. "Michael Horgan," said the judge, "you stand con- victed of grand larceny in the first degree. The rec- ord given me by the police department is not in your favor. But it is left to my discretion to say whether you should die in prison or have still another chance. I choose to say the latter and therefore sentence you to ten years at hard labor." "There is a charge against Nancy Preston, Your Honor," reminded the assistant district attorney. "The chief witness is here. Perhaps we can get it disposed of. The docket is pretty heavy." He sig- naled to Tierney to come within the railing and a court attendant took Nancy by the arm and led her, half fainting, through the gate and to the judge's dais. ' ' I presume that all the evidence against this woman came out in the trial of Horgan," said the assistant district attorney. 112 NANCY PRESTON v "Is there any other evidence?" The judge lifted his heavy eyes toward Tierney. "She admitted writing the note to Horgan," re- plied Tierney. ' ' What more could the judge want ? ' ' he asked himself. "And you press the charge?" asked His Honor. "I just turned over the evidence to the right offi- cers of the law," he replied, fearful of this judge who carried mercy in his heart. "What have you to say, Nancy?" "Nothing, Sir. I did all I could to live straight and honest. I'd do it all over again but he wouldn't let me." "Who wouldn't let you, Nancy?" ' ' Him. ' ' She nodded toward Tierney. " He 's had a man watching me night and day since Michael went away." f "That's my business," muttered Tierney. The judge frowned and with an effort held back what he had in mind to say to the detective. "Nancy," he said slowly and impressively, "it sometimes seems to me to be the first law of the land to kick a man or woman when he or she falls. In all the volumes I have read on the application of the criminal law as a protection to society I have found only two in which the theory of big brotherhood on the part of the righteous to the unrighteous has had any consideration. No one seems to know the author NANCY PRESTON of these two books and it appears that the publishers believe the manuscripts they accepted were sent by one who had himself been hunted, had suffered prison, had been, perhaps, denied justice and had written out of intimate knowledge. The law is not a human thing although it is framed for humanity. It is iron, hard and bloodless. For that reason I am compelled to find you guilty by your own admission but I am going to suspend sentence and set you free. The sacrifice you made on the witness stand for Horgan should be written in letters of gold to be read on the final judgment day. I hope your child will grow to be worthy of a mother as brave as you. You are free. God help you." For several moments she stood staring at the judge, fighting down a hard lump in her throat. Michael was going away for ten years. It did not seem pos- sible. She had forgotten entirely about herself. The sound of his voice stirred her from the lethargy of despair. He was talking to the judge. "I would be very grateful if I could have permission to speak alone with Mrs. Preston for a moment," she heard him say. "You may take them to my chambers," His Honor instructed the guard from the Tombs. In a corner of the judge's room, the door open so that the guard in the corridor could keep an eye on them, Nancy took both of Michael's hands in hers and 114 NANCY PRESTON pressed them to a flaming cheek. "As soon as I can get work," she whispered, "I'll start to save and ap- peal the case." "Listen, Nancy," he replied, an arm protectingly about her shoulders, ' ' I have a letter here I want you to mail to Mr. Vernon Snowden, a lawyer. It is not sealed. Enclose your address to him. He will pro- vide you and Bubs with everything until I am free again and have finished the task before me. Mail it as soon as you leave this building and he will send aid to you. But on no condition tell him where I am until I have seen you first. You need never to worry about money again." CHAPTER XXIV IN the week between the conviction and sentence of Michael, Mazy Lament, whose declaration that she was going to become respectable was no whim of the moment, landed a job as a waitress in an all-night restaurant, her trick being from midnight until eight in the morning. "Perfect hours for me," she exclaimed joyfully. "If I had to get up in the morning instead of going to bed it would ruin my constitution. Anyhow it's best to break in on any change a little bit easy. I knew a girl once stopped drinking everything but water, just sawed it off sudden, and stuck to it. An- swer : Dead. ' ' Nancy, always grateful for the part she had played in getting Bubs back, did her best to share in her cheerfulness but as the days passed and she failed to get a place which would permit of her having her child with her all the time she realized how hopeless it was to expect genuine companionship with Mazy. Not that she thought herself any better than the woman who had so bravely hidden herself from her daughter, sacrificing everything in life for her with- 115 116 NANCY PRESTON out complaining, but she had long forgotten the slang of the street of bright lights and after her own heroic years had come to yearn for higher things in life, a friend or two to love and respect, her baby to nurse to strength and health, a tiny corner of the world, if only one room, to call home. The thought of Mi- chael's quiet voice, his almost divine patience and regardlessness of self, his splendid joy out of her Bubs, the sprightliness and playfulness of his imagina- tion in their fun together or over the lad's first les- sons, the complete happiness that had been theirs those few months in the little Bronx flat, brought her to bitter tears every night as soon as the door closed behind Mazy. "You are free. God help you." The words of the fat judge often rang in her ears and sometimes they terrified her. They seemed to warn her of greater evils to come. Sometimes she would awaken with the sounds of some returning lodger and lie trembling with her boy in her arms at the thought of Luther Littsky and his sparkling black eyes. Once there was a low tapping at her door and she told herself that he had come to collect his bill. For answer she got out of bed and pushed the bureau against the door. The person in the hall went away. It might not have been Littsky but some other man, perhaps one of the roomers who had taken her for that kind of a woman NANCY PRESTON 117 or thought her so desperately poor that the clink of his money might tempt her. There was no one in the house with whom she could trust her boy. No man or woman under its roof stirred before eleven o'clock or noon and the majority were all-night prowlers, taxi-drivers, small-fry gam- blers, girls from the burlesques and women who would smile through their paint when they gave their occu- pation as "housekeeper" to the census taker. She took Bubs with her daily in her journeys through the streets to answer advertisements for help. A glance at the poorly nourished little lad killed every chance she might have had to get a place as a servant or laundress. Having him with her as she worked in a shop or restaurant was, of course, out of the question. The few dollars she had been sent by Michael through Dan Burns were soon reduced to a few pieces of small silver. She would not have minded borrow- ing from Mazy but out of her first week's salary she had to buy a uniform and pay a commission to the employment agent who had placed her and there was left barely enough to get her through until another pay day. Littsky had not come near her since the conviction. Nor had the woman who ran the house asked her about rent money. To keep Bu^s fed, Nancy lived on crumbs, drinking a great amount of water in order to distend the stom- 118 NANCY PRESTON ach and relieve the pains of hunger. As her physical strength was sapped the distance she could travel each day became shorter and her prospects of getting work became darker. She could not borrow more than three dollars and a half on her wedding ring at any of the nearby pawnshops but at last she had to leave it for that sum in order to be sure of milk and crackers for the boy. By the end of Mazy's second week in the all-night restaurant Nancy was suffering from nausea accom- panied by violent headaches as the result of mal- nutrition. "What you need, Nancy," her friend declared as she started for work just before midnight, "is a big steak and fried potatoes and you're going to get it to-morrow morning. This is pay night and we split fifty-fifty." "I was thinking that if I could get enough money to rent a room in a quiet place where I could trust the boy away from me I'd be sure to land a job, Mazy," Nancy replied. "But I'm afraid of these people here." "Say!" cried Mazy. "It's funny the landlady hasn't cheeped about the rent. She knows I'm workin'. Has Littsky been around yet?" Nancy shook her head. "Did he try to get fresh with you the last time he was here, the time he sent me out with Bubs?" NANCY PRESTON 119 Nancy nodded. "Well, 111 just give you a tip, Nancy. He's starving you out, that's what he's do- ing. I '11 bet anything I got he knows just how many crackers is left in that box on the washstand. Did he tell you how to get in touch with him ? ' ' "Yes, through the landlady." "Well, you just hold out 'till morning, Nancy. Maybe things will change with that beefsteak. I'll bring it home with me." "Perhaps the letter from Michael's friend, Mr. Snowden, will come in the morning," thought Nancy as her friend took her departure. . . . But the letter lay in an accumulation of personal mail on the law- yer's desk in his office downtown as he was spending the last few days of quiet and rest from work in the Adirondacks on the advice of his physician. CHAPTER XXV "TTELLO, dearie!" -- - Nancy had undressed and was ready for bed, her soft brown hair plaited and tied closely about her shapely head. "Who is it?" she asked, leaning close to the door. "It's only me, Mrs. Tifft, the landlady. Open the door." "I'm undressed and going to bed, ma'am," replied Nancy, trembling at the thought of a demand for rent money at midnight. Bubs lay carefully covered and asleep, his well-worn little clothes folded neatly over the foot of the bed as Uncle Michael had taught him. "It's all right, dearie," came from beyond the door. "I've brought you some supper." In a violently colored kimono, her yellow hair done up high on her head, Mrs. Tifft entered, bearing a tray of covered dishes piping hot. As a heavenly cloud, the aroma of good things to eat immediately filled the bare room. Bubs stirred in his sleep. With a grin on her heavy features, intended as the smile of a helping angel, the landlady placed the tray on the top of the bureau as soon as Nancy had cleared it. 120 NANCY PRESTON 121 "There now," she said cheerfully. "Isn't that a layout worth while? Everything hot from the rotis- serie around the corner, right off the spits, roast tur- key, mashed potatoes, gravy, hot rolls, celery, coffee, and say, lookit ! ' ' She lifted the cover from a tureen. "Here's some puree that can't be beat on Broadway from Forty-second to Fifty-ninth. He's famous for it." Nancy's blue eyes sparkled and her hands trembled as she held them over her half covered breast. The vapor from the puree rose high from the silver bowl and its appetizing odor awakened her child. Bubs sat up, rubbing his eyes, fresh from a dream of pos- session of all those glorious things to eat he had seen and passed by in the restaurant windows as he and his mother had walked the streets. ' ' Oh, gee, Mum ! " he muttered. ' ' What 's it t " In the yellow light of the single gas jet his face seemed more than ordinarily thin and drawn. "I'll fix some of the soup for the boy," said Mrs. Tifft. "Now you start and get your own." She spread a napkin on the blanket before Bubs and started him at the feast. Nancy was speechless. What did it mean? Her empty stomach craved for a little of this feast. With an effort she steadied her hands, soaked the half of a roll in a cup of the puree and ate it. Mrs. Tifft pulled up a chair for her and served her with the turkey and potatoes and gravy, 122 NANCY PRESTON talking all the while and explaining the unlooked-for banquet. "I'm treating everybody that's in the house," she rattled away. ' ' I cleaned up on the races to-day and cleaned up right. A gentleman friend passed the real tip this time. Flora Belle walked in at twenty to one and me with all of two hundred dollars on her." The blood was already coursing strongly through Nancy's veins and color was in her cheeks. Bubs smacked his pale lips over the rich food. As her stom- ach assimilated the first mouthfuls and the gastric juices began to flow, a pleasant languor came to her. When Bubs sank back on his pillow with a sigh of con- tentment, the mother, with an occasional glance of gratitude to the landlady, continued until each dish was empty. Mrs. Tifft covered Bubs and he was soon sound asleep. With lowered voice she continued her story of the great race track killing. All of her gen- tleman friend's lady friends had gotten in on the tip. There was a riot that night in the cabarets but she had to come back early on account of a nasty twinge of neuritis. She couldn't sleep at such an unearthly hour and so was killing time by blowing everybody in the house. "Four thousand dollars!" she exclaimed. "Think of it!" She was going to buy a furnished flat in the building next door and run it for roomers. She stopped with a grimace. The neuritis had her again. "Just wait a minute, dearie," she asked. NANCY PRESTON 123 "I'll run to my room and get a tablet. Leave the door unlocked. I'll be right back." Nancy set the empty dishes on the tray, flicking the few crumbs that had escaped her from her night gown. Her flesh seemed tingling with new life. She sighed with sheer animal happiness. There was a little cof- fee left in the silver pot and she drank this. The cream jar was still unemptied. She emptied it. Luck had turned surely, she thought. In the morning she would take a chance and leave Bubs with the landlady she had so unjustly mistrusted and if there was work to be had in New York she would find it and tackle it with the strength of an Amazon. As she sat with her hands in her lap, waiting to thank Mrs. Tifft on her return, she half dozed, her night gown falling loose and displaying the firm beauty of her shoulders and breast. The deep breath- ing of Bubs told of happy dreams. In her half- asleep, half-awake condition she did not notice the passing of the moments into minutes. The horns of automobiles on the street outside, telling of the return to bed of the noctambules of the neighborhood, did not shake her from the pleasant haze. Her gown fell en- tirely from her right shoulder but she did not know it. CHAPTER XXVI AT one o'clock a heavily built man, carrying under his left arm a trombone in a green felt case, let himself in the front door of Mrs. Tifft's lodging house and with the silver light of a pocket electric dancing before him made his way to the third floor and the room adjoining Nancy's. The partition was of light boards covered with wall paper, for the two rooms had been originally one. The lodger dropped his in- strument to his bed, placed his pocket lamp beside it and without lighting the gas removed a picture from the wall. A spot of yellow light showed from the next room and he put his eye to it. An hour before, not many minutes after Mazy Lament had started off to work, Luther Littsky had entered the house. There followed a waiter from the rotisserie around on Broadway. The man with the trombone, apparently one of the many cabaret and dance hall musicians who live as near Broadway and their work as possible, seemed in no hurry to retire nor did he seem held to the gimlet hole in the wall by the pubescent pleasure of a Peep- ing Tom. Nancy's chair was in his narrow line of vision. He beheld her asleep in her disarray and 124 NANCY PRESTON 125 upon her face was a smile. Nightly his little peep hole had brought him only tears and sobs as the trag- edy of starvation had been enacted before him. He drew back from the thin partition so that he could breathe without uncovering his ambush and sat down to think over this change. In the darkness of his room his face, wide and deep and white, would have startled a sudden visitor by its somberness. Gloomy Cole, with instructions to uncover the bankers for the burglars who disturbed the business of his employer, James Tierney, Incorporated, was on his job. "If Littsky is putting up for Nancy," he had been told by B. H., ''all yah gotta do is to hang close to Nancy. A woman, never mind how careful she may be, can queer the best crook in the world. Littsky ain't even seen that broad face of yours, Gloomy, and don't let him see it until you're ready to make the collar. Just remember what I tell you. No excuses go with me this time." It was not a hard job, he thought, as he sat close to his avenue of communication, his ears pricked for the least sound beyond the thin wall. Three times Littsky had visited the lodging house but always when Nancy was out. The rest of the time he had spent in his finely furnished apartment not many blocks away, at the theater, in the cabarets and gambling houses or with his associates of the underworld in automobile rides to road houses in Westchester, New Jersey, and 126 NANCY PRESTON on Long Island. When Littsky was off on these trips Gloomy had shadowed Nancy and her little boy. He had seen the mother grow paler and weaker and the boy beg to be allowed to stare in the windows where spitted fowls turned before the grates of glowing coals or asbestos and in other windows where pastry was arranged with an art that would tempt even the well- fed children of the rich. He could not help but realize the frightful struggle of the woman to stay square with the world and her conscience and he had so reported to his chief. "That part of it is for the Bureau of Charities," B. H. had told him. "As long as Littsky is paying her rent and going to that lodging house there's a chance of something doing for us. What we're run- ning is a detective bureau. ' ' Gloomy took another peep. She was still sleeping. Until she got in bed with the light out there would be no sleep for him. He returned to his chair. Well, he thought, that crook who had doped him with a cigarette and nearly cost him his job, was put away for ten years anyhow. There was some consolation in that although, try as he could, as he mulled the task in hand, he failed to get any comfort from the fact that in this three-cornered game permitted by the ad- ministrators of the law one of the corners was occu- pied by a starving mother and child. "Nancy!" The name was hardly more than NANCY PRESTON 127 breathed but it reached him and his right eye was glued immediately to the gimlet hole. She was still asleep in the chair but looking down upon her with burning eyes and trembling hands extended waa Littsky. Cole saw him glance in the direction of the bed and scowl. The child was there. "Nancy!" he repeated ever so softly and then reached over and clasped her half naked body sud- denly, fiercely, sinking on his knees beside her. Nancy's eyes were wide with terror as she tried to shake herself free of his arms. Her hair became un- fastened and the two heavy braids whipped about her white shoulders. "If you scream it will be all the worse for you," panted Littsky. "They can't hear you on the street, anyhow ... if you bite I'll smash you." She fell from the chair to the floor. With the sounds of the scuffling some one entered the room. Cole could hear the door open and then softly close. "Mumsey!" Bubs had been awakened. "Mum- sey!" he called again and then Cole could hear him crying in fear at the spectacle before his eyes. "Take that brat out of here," called Littsky, get- ting to his feet and clasping a hand over Nancy's mouth. Cole caught a glimpse of Mrs. Tifft as she obeyed and heard the sobs of the child die away down the corridor. Littsky and Nancy were out of his vi- sion in another moment and Cole knew that the pro- 128 NANCY PRESTON fessional master of the town's unfortunate women would soon overpower her. The sounds of scuffling continued and then Nancy managed to break away. She was again in his line of vision, her night garment torn to ribbons, her flesh crimson in spots. "For the love of God listen to me a moment, Littsky," she begged. She held to the back of a chair, ready to raise and swing it. Littsky did not? renew the attack. Cole could hear his heavy breath- ing. "It isn't for myself I'm fighting, but it's for my baby. I don't count. But even now he's old enough to remember and you've already put a curse on him." White spots made by the pressure of Littsky 's fingers showed about her mouth as she begged for mercy from the man who knew no desires save gain and the satisfaction of his other lust. ' ' I 'm going to pay you back every cent, the money for the bondsman, the money for the lawyer and the rent money. Before God, Littsky, I 'm going to do it- and pay the interest on it." She half raised the chair as Littsky crouched for another attack. "I'll die first," she warned. ' ' Get back ! ' ' The lowering of the chair told Cole that she had gained another brief respite. "You didn't mind sending for me and my money when they had you locked up," he heard Littsky sneer. "I was afraid the boy would die," she pleaded. "If I'd had any money when they first took me to the station I could have got out and gone back for NANCY PRESTON 129 him. The sergeant could have got a bondsman for me in five minutes. Even the doorman wouldn 't tele- phone to the Legal Aid for me unless he was paid. I did have a little money but Tierney's man took me away before I could think to ask for it. I was des- perate and half crazy when I thought of you. Give me a chance to pay you right." "You'll pay me my way," came from Littsky. "I want you." "For God's sake, please, Littsky, I'm an honest woman. You've got me in a trap," she sobbed. The tears blinded her eyes. Littsky leaped for her and Cole drew back from his peep hole to breathe. CHAPTER XXVH IN the final struggle, Littsky managed to hold his prey fast in his right arm and reach the gas jet, turning out the light. He was a creature of darkness, indeed, in his way a prince of darkness. Mrs. Tifft was well-paid, the boy was out of the room. The earlier part of the night he had spent in thrilling an- ticipation of this act. He had starved Nancy in vain. She had not come across. Then he would feed her up and take his toll for his time and trouble. Al- ways a careful drinker, he measured his champagne that one night with the skill of a dope fiend who knows to the fraction of a grain the dose that will put him through the commission of a crime. He owned the roof over the head of the lodging house keeper, owned her body and soul and half the lodgers in the place looked up to him with admiration and hopes of a tip on a good thing to be played in the pool rooms. Few lost when he passed the word. If a girl was in trouble with the police, if she was stone broke, as poor Nancy was when she entered the sta- tion, the bars slipped back and out she walked pro- vided she was solid with him. Time and again the police had tried to get him because of the complaints 130 NANCY PRESTON 131 of the anti-vice societies. His money had beaten them every time. Once, when he was near conviction, he had hired the most famous lawyer in New York City, perhaps the most famous in the United States, a man high in the Bar Association and at one time high in the politics of the Empire State. As an associate he also hired the crookedest underworld lawyer known to thieves and panderers, a man later trapped by the district attorney, sent to prison and disbarred. The gentleman and the crook made an ideal combination. The chief witness against Littsky recanted. . . . She was a woman . . . was convicted of perjury, was well- paid for her sacrifice and Littsky was cleared. The famous lawyer had scored another victory, and had earned another large fee. This is not fiction. The law was not wrong. The administration of the law was. Littsky was not afraid of the police as an organiza- tion any more than might have been a Tammany Assembly District leader who kept his saloon open on Sundays. He had his victim ready for him and was waiting. But there was always danger of a bad actor appearing, a new man, unused to the ropes and with- out knowledge of the precedents upon which Tender- loin cops and bulls held their jobs and got what was coming to them. Some such greenhorn might take the place of a "regular" on the beat, because of sick- ness or a three alarm fire in the tenements of Hell's 132 NANCY PRESTON Kitchen, a few blocks west. Then the whole works would be in danger. A scream from a house where screams of laughter, delirium or fear went unheeded many nights in a month, might precipitate a single ar- rest and an expose might follow. The lid would be off and the ordure just under the crust would shock the myopic decent element, might even change the whole administration of the city . . . one scream of a woman ! "You can yell your damned head off," he panted as he dragged Nancy across the pitch-black room to the bed, still warm from the little body of her son. But she did not scream. She fought and begged her bondsman and deliverer from the hands of the police to be merciful, to let her go, to let her keep her de- cency and self-respect for her child's sake, whined like a hurt animal, her bruised face scalded by her tears, her tired arms still flaying through the dark- ness until she was hurled on her back and his hot breath scorched her. "By God, Nancy!" cried Littsky in triumph. A little beam of silver struck across the room from the door. For a moment a white disk danced about the bed and then fell full in the black eyes of this Broadway Petronius Arbiter at the long-delayed fruition of his plans. There was still enough fight in Nancy to throw the NANCY PRESTON 133 beast from her body. The light followed him and a voice sounded, slow and impassionate as the clatter and grating together of box cars as a freight train comes to a halt. So did the words come. "If you gotta gun, don't reach for it." Littsky could see nothing. The little circle of light blinded him. "You're pinched," came the voice. "It's a hold-up. How much do you want?" re- torted Littsky. "I've got a thousand in my pockets." "Nothing doing. Sit still. If you move I'll bore you." Nancy groped her way to the floor and followed the silver beam on her hands and knees. "Save me," she whispered. "Help me get out of this place." "Grab your clothes, go in the next room to your right, light the gas, get dressed. Don 't make no noise. You'll see a horn in a green case on the bed. That's the room. Hurry." As she fumbled about in the darkness, Littsky sat on the edge of the bed, his face the only thing in the room illumined, conjuring his wits for a way out. The thought came to him that Nancy's past would be his best defense. No one would believe her story. Then, too, she had let him pay the rent in this place. A fine for disorderly conduct would be the only re- sult. His courage came fast. 184 NANCY PRESTON "You'd better take the money, Bo," he said quietly. "Nothing doing." Nancy was already out of the room and the man with the light in his hand could see the little yellow star from his gas jet shine in the partition. "I'll break you," warned Littsky. "Mebbe." "What are you going to charge me with?" "I'd hate to tell you. It would dirty me mouth." Littsky 's courage left him. He could not tell whether his captor was a harness bull or just a plain clothes man. He might be the legal agent of one of the vice societies and might have been after him ever since that case of the two little girls, the case when the gentleman and the crook members of the bar had saved him together. Nancy had slipped into her clothes and in the dark hall Gloomy Cole heard her brief exchange of words with Mrs. Tifft as she demanded and got her child and took him in his room to be dressed. "Who's this?" the landlady demanded drowsily, for the comforting evening dose of dope had been large. "You and Littsky is pinched, that's all," said Cole, flashing for the fraction of a second his light against his badge. ' ' Git in the room and keep still. " As she obeyed, Cole found the key, placed it in the outside of the lock and gave his last command to the pair. NANCY PRESTON 135 "Don't make any noise. There's a man at the foot of the fire escape, another on the roof and one at every door and window downstairs. The wagons will be here in a minute." He turned the lock in the door, entered his own room and picked up his trombone. "Beat it," he ordered Nancy. As she and the boy hurried out into the gray-lit street and joined the first flow of pedestrian traffic, Cole threw the key to Nancy's room in a corner of the hall, squeezed his trombone under his arm and left the lodging house. "I guess my job's gone this time," he sighed. "But the horn is worth thirty-five dollars if it's worth a cent." CHAPTER XXVIII THERE was a minute or two of dead silence in the lodging house. Cole had turned his humane trick quietly. Mrs. Tifft was so heavy with her fa- vorite drug, cocaine, that not a word or whimper es- caped her after the lock clicked in the door. She groped for Nancy's bed, found it and fell over on her side, dead to the world. The last of the lodgers, a woman, entered the house, stumbled up the stairs to the top floor and pulled down her shade, for the light of day was cutting in through the east-and-west street which stretched from river to river, from the squalor of First avenue, through the twin gray steeples of Saint Patrick's Cathedral, across the roofs of mansions, across de- serted Broadway and onward to the poverty of Ninth, Tenth and Eleventh avenues. Rich and poor homes it reached, a high-builded house of God and many scores of brothels. It made silver the foam on Man- o '-war's reef between Manhattan and Queens in the East river and lightened the shadows of Hell's Kitchen where the street ended at the docks of the Hudson. Some of the gray light of the dawn seeped into the stairways and corridors of Mrs. Tifft 's lodging house. 136 NANCY PRESTON 137 The door of the room opposite that which Nancy had occupied opened slowly. A man of slight build, fully dressed, a cloth cap pulled well down over his eyes, his right arm stiff at his side, slipped into the hall and put his head close to the door where Littsky and Mrs. Tifft were held prisoners. As he listened, his eyes searched the carpeted corridor. They caught a glint of metal. It was the key that Cole had tossed aside. With quick, silent steps he reached it and re- turned to the door. Within Nancy 's room Littsky 's keen ears caught the light sound. ' ' Better call it off, ' ' he advised through the keyhole. ' ' I got friends and I got money. You can 't put any- thing over on me for this. I can get bail to a hundred thousand dollars if I need it and then I'll make you sweat. ' ' "I can't trust you," whispered back the man out- side. "I got the cash, a thousand, with me. Open the door and I'll hand it to you." ' ' You got a gun, too. ' ' "I ain't got any gun. I'll stand with my back to you and drop the money." "Do it." "I'm ready." The key turned in the lock and the door opened. Littsky, with the peculiar fastidiousness of his kind, 138 NANCY PRESTON had carefully straightened his clothes in the darkness of the room. His trim body stood in the frame of the door, erect, shoulders squared, his back to the man he thought he was bribing. In his right hand was a roll of paper money. His fingers relaxed and it dropped to the threshold. The stiffened right arm of the man in the hall bent upward and was suddenly raised high above him. A blackjack descended and Littsky sank like the weed that he was under the blow. The man in the cap slipped his silent weapon into a back pocket under the tails of his coat, turned the vic- tim over with his toe, rolled him again, with a stiffer kick, further in and closed the door behind him. Mrs. Tifft lay on the bed beyond reach of sound. It was the first hour of the day. Her lodgers were in the deep sleep of darkened rooms after a night of what some of them called pleasure and others called busi- ness. There was plenty of time. This room would be dark until the sun reached the meridian and silvered the air-shaft into which its one window opened. The man with the cap and the blackjack picked up the money and then knelt beside Littsky and unscrewed the diamond stud in his stiff evening shirt. A huge diamond solitaire he worked from a finger of his victim's left hand. The effort to get this jewel free from its place stirred Littsky 's stunned brain. His eyes opened slowly. They beheld the eyes of the man NANCY PRESTON 139 who had felled him, saw his long, keen, sinister un- derjaw and his thin, clean-shaven lips. " You?' 'he asked. "It's me, Noonan." The man in the cap put his face close to that of his victim. "Take a good look, Littsky," he said. "It's Noonan, Mamie Noonan 's brother." Littsky 's black eyes started from his head with terror. His brow was beaded with sweat. He had beaten out the law with his money in the case of Mamie Noonan. Two trials and two hung juries! Even the public had tired of the case and Mamie Noonan was on the town. Noonan (glanced over his shoulder at the patch of dull gray made by the air-shaft window. He lifted his head and listened, but there was no sound. Mrs. Tifft lay like a log on the bed. His right hand sought the dark throat of Littsky. Five strong, thin fingers closed on it. The eyes popped a bit and then sank back deep in their sockets. The body in its fine linen and broadcloth twitched and was still. The fingers at the throat of the prostrate thing tightened and tightened. They held there until the limbs on the cheap, dirty carpet stiffened. The man with the cap got to his feet, stepped softly from the room, closed the door, descended the stairs and made the street. CHAPTER XXIX QHORTLY after eight o'clock Mazy Lament, a ^ beefsteak and a portion of fried onions done up in a cardboard box under her arm, let herself into the Tifft house and ran up the stairs. A glance into Nancy's room froze her blood. Littsky lay at her feet, dead. His tongue was extended and his gums showed. There was light enough in the room for her to notice the traces of the fight Nancy had put up for her hard-won sense of decency. Here and there were strips of white cotton cloth, portions of her night gown, and by the bed a tuft of hair. A chair was upset and broken. Here was not only a case for the police but one for the coroner. It was a combination hinting of the electric chair. All the people in her class in life knew about that little piece of yellow furniture. Reports of murder trials and executions made their only intel- lectual folder. She turned to run away but some- thing big in her heart, her game heart, made her turn again, step over the dead body and go to the bed. She thought it was Nancy lying there. She recog- nized the drugged landlady. Nancy and her boy were gone. Littsky had gotten his. He deserved it and 140 NANCY PRESTON 141 more, which he would get in hell, if there was a hell after this life. She cleared out as if she had herself done this job over which she raised her skirts, hoping that Nancy had gotten a good start. Nancy had every right in the world to kill him. If she was caught, she, Mazy, would swear to anything, self-defense, ex- treme provocation, anything, to help her. Minus the money she had paid for the steak and onions, Mazy had her week 's wages in her pocketbook, tucked down into a bosom that had known the sale of many feigned sighs before she watched from the win- dow of a village church her daughter ride away with the man she loved and was married to. This was no town for her, New York. The fine tooth comb of the police department would be raked through her stratum of life in a few hours. She hurried east to the Grand Central depot and took a train for Boston. Not until the negro maid showed up at noon would there be a reasonable chance of the murder being reported. CHAPTER XXX AT ten o'clock Gloomy Cole, with his precious slip- horn under his right arm, lowered himself into a chair in the anteroom of his employer, once more to worry over his chief's state of temper. Groans came from the sanctum when the door opened. Occa- sionally the voice of Bonehead would utter a curse of no mean quality. Agnes brushed through the door in a high state of nerves. "What's the matter with B. H., Agnes?" asked Cole, catching the frill of her little white office apron and holding her. "It's that pain come on him again," she told him. "He's got a bum appendix but there ain't anybody in this world can tell him he ought to get it cut off. He says his grandfather didn't have any appendicitis but just plain belly-ache. I told him he ought to lay off a few days and get it packed in ice so it would shrink some. And what d'yuh think he says, Gloomy?" She shifted her chewing gum. "What?" asked the sad-faced one. "He told me to pack my uncle in ice." "You got off light at that," Gloomy informed her, 142 NANCY PRESTON 143 consolingly. "He must be in a pretty good humor." A sound between a howl and a curse, as Texas Darcy left Tierney's private office put a quick end to Cole's forced optimism. "Say, Sad Face," greeted Texas on his way out. " B. H. told me to get my hooks on you as soon as pos- sible and send you in. Maybe he thinks keeping com- pany with an old tombstone will help him a little." Cole, clinging to his horn, poked his wide face around the edge of the door and asked: "Wanta see me, Boss?" "I don't wanta see you, but business compels me to, ' ' was the reply. ' ' Come in and sit down there. ' ' Tierney's heavy features were white with pain. "Just wait a minute until some of this belly-ache leaves me, ' ' he added. He turned to the window and watched the little white plumes of steam from the tur- rets and towers of the city's tip, the distant dodging, fussy little tugs of the harbor and the play of glorious September sunlight in the ever dancing wave crests made by the water traffic. In his own rough way he was invoking the power of mind over matter. His grunts and groans diminished as the pain left him and color came back to his jowls. "Now, then," he began, with a glance at the im- passive unreadable countenance of his operative. "Tell me a somethin'." For the moment Gloomy was for laying bare his 144 NANCY PRESTON own miserable heart, telling all the details of the hoax by which he had saved Nancy but by which he had spoiled Tierney's plans. A sense of caution, how- ever, made him hold back. His maxim was: "What people don't know won't hurt 'em." "Agnes was telling me about your belly-ache and . . ." "Is that all she's got to do except powder her nose?" his chief interrupted. "The poor Bronx rough-neck!" "I knew a feller once went along with the belly- ache for three years and when they cut him open it was too late." "Too bad about this feller," sarcastically mused Tierney. "Did he work for a living regular and eat three meals every day ? Or did he play the piano or the trombone for a living ? ' ' "They found it was busted," calmly resumed Cole. "They did?" ' ' So all they could do was to mop him up some and send for his widow. ' ' "They should have sent for the coroner. When these surgeons get a guy on the table and it's a des- perate case they send out a tip to all their friends and the grand stand is filled when the poor mutt what's paying the expenses is stretched out for the operation. It's always a success. Everybody ap- plauds and writes articles about how neat the job NANCY PRESTON 145 was and then the widow goes down to the insurance office. Say, Gloomy, there's a Marine recruiting sta- tion up at Forty-second street and Sixt' avener. You can take a run up there and tell 'em about it." The Old Man was in fine humor, in reaction from the pain of the first hour of the morning. Cole foxily awaited the turn of the conversation to business mat- ters, dandling his trombone on his knees. "You been tailin' Littsky and Nancy two weeks and you ain't got nothin' on 'em," Tierney began at last. "I'm. thinking that Littsky ain't in on the burglar game. I guess it was just because he wanted her that he got the bond put up and hired the lawyer. Did you notice him double-cross Horgan? No. Of course not. Well, I guess Littsky pulled that to get the woman. But that's up to the Committee on Morals or something. " He smoothed down his bristles thoughtfully and Cole, with relief, felt his job safe. His assignment was to be changed. "There's a certain big lawyer downtown, Mr. Vernon Snowden, been making inquiries about a man that fits Mike Horgan 's description somewhat," he informed his operative. "The trouble with him is that he wants to take all he can get and give nothing back. He's a low-tide clam for conversation, this swell guy is. Now what I want to know is why he's after getting in touch with this Horgan, if Horgan is the man. Mr. Snowden is an office lawyer, not a court 146 NANCY PRESTON lawyer, and he doesn't know any more about the ways of the world than the Pope cooped up in the Vatican, although the Pope could tell him something about bulls. How's that?" It was a jest, a quip, a play on words. A joke from Tierney was as rare as a blue rose or a green sunset or a river running up hill. Had Agnes been in the room she would have caught it without muffing or fumbling and would have shrieked. But Cole did not know that the Papal decrees were called bulls as well as were New York detectives. The keen witticism glanced from him like a small boy's marble shot against the Rock of Gibraltar. "I said," repeated Tierney, "the Pope could tell him about bulls." "Sure," agreed Cole, seemingly ready to burst into tears. Tierney gave up trying to put it over and returned to business. "This Snowden wants a man to help him. I want you to go to his office and pump him so dry he'll squeak when he walks. If this Mike Hor- gan is some fashionable lunatic I gotta be sure in the interest of my clients that his money don't turn him loose. It's either the foolish house for him or Sing Sing. Get me?" Cole nodded. "Snowden don't have any but rich clients. Years ago he came to me asking about a missing party that made me think of Horgan but he wouldn't loosen up and I don't work NANCY PRESTON 147 in the dark with nobody. It may be that he has a lot of money for this Horgan from some estate and none of his people know he is a crook. If that's so Horgan will go to the bat and with real money anybody can get out of jail. He'll put it over on me. Get that?" "Sure." ' ' Here 's his card with the address. Tell him noth- ing. Take your time. Horgan is safe." "Then I drop Nancy?" asked Gloomy with an ap- proach of happiness in his voice. "Yes." "What 11 I do with this?" asked the operative as he held out his trombone in rising from his chair. "You might save it until the holidays," suggested B. H. with the right corner of his mouth dragging heavily, "and send it to Caruso as a Christmas gift." As Gloomy reached the door his chief shouted to him: "Don't bother me with no reports for a month. I don't wanta see you or hear from you 'till you can tell me somethin'." CHAPTER XXXI ' '\ \ THAT you doin ' to-day ? ' ' V V "Me?" asked Gloomy, as Agnes held him up in the assembly room of the Tierney offices. "Nuthin'. I got a month off." "Lemme your badge. Quick. We're all caught in a corner. I could use a thousand badges and State licenses this very day." Gloomy unpinned his shield hesitatingly. "Speed up," snapped Agnes. "I got to have it.' ; "What's all the fuss about?" he demanded. "I ain't got a thing on me to identify me, not a thing. I just come off a case and ain 't had time even to write my name and business address on a card so in case a safe drops on me or somethin' they'll send for some- body what knows me to remove the remains to the parlors. ' ' Agnes, busy as she was, laughed at his plight. "Nothing will ever drop on you, Gloomy," she assured him. "Come in to-morrow morning and I'll fix up an identification for you. Somethin' big is happening and if the Boss don't make a million dollars clean in the next six months I'll admit I'm a liar. We got a straight tip by cable this morning that this ain't any 148 NANCY PRESTON 149 private fight over in Europe but is a regular free fight with everybody welcome. The Germans are already murdering our own factory people right here who never did a thing to 'em and the French are as good as dead if we don't go in and help 'em. Our London office sends us word to get all the men we can to watch the munition factories and docks here so the Dutch can't blow up the stuff needed on the other side. It's the biggest order ever come to an office. It looks like the Germans have got fifty spies in the U. S. A. for every British representative, official or business." "Gee," said Gloomy. "And B. H. hands me a little job to pump a rich lawyer in the Mike Horgan case." "That's because he's got brains." Agnes pushed him along gently to the outer door, relieving him of his precious badge. "The old war might end the minute we step in and he ain 't the detective to throw over all his old customers on a chance. He'll hang to the old ones and tackle the new ones, too. So long. Come in to-morrow and I'll fix you up if I ain't in Mattawan playing tit-tat-toe with some other mental wreck." "You might just as well keep these for me, Agnes," he said, handing over his automatic, the little pocket electric and the trombone. "I won't need 'em on this ladylike job." 150 NANCY PRESTON "You bet the office will need them, Gloomy." She cleaned him of every implement of his trade and piped a cheerful "Good-by, old dear," to him as he headed for the elevator. "She sure ain't any commercial nun, that Agnes," he chuckled to himself on his way earthward. "If she wasn't makin' twice as much as me I'd be askin' her out to the theater some night. ' ' He strolled up Nassau street and found the offices of Vernon Snowden and his associates, being informed there that the lawyer had been suddenly called to Chicago on business. Out again in the narrow street he walked leisurely north to Park Row and into a bedlam of newsboys shouting an extra that brought them a harvest of pennies. He joined the throngs before the bulletin boards of the downtown newspaper offices. The date of the Washington dispatch, dis- played in large letters, was September seventeenth, 1914. It sent forth the news that the United States government had informally approached the German Kaiser in the matter of peace terms, offering its friendly services to the belligerents. "Sure, Agnes has the right dope," Gloomy de- cided. "This old war will blow up soon. There ain't nobody got anything on B. H. Tierney for common sense. He ain't so brilliant that he can work in a dark room without turning on one light anyhow, but he's there when it comes to plugging along good and NANCY PRESTON 151 steady. " He elbowed his way from the crowd and out into Spruce street, narrow and steep, leading down to the old "Swamp" section of Manhattan Island, where the hide and leather business is centered. At William street a score of human voices shouted a warning as he started to cross. There was a heavy tangle of wagons and trucks from the newspaper cir- culation offices. It parted suddenly and packed against and overflowed the curbs as a motor engine with bell and siren going dashed by on its way to answer a fire call. As he jumped back something struck him between the shoulders, the pole of one of the newspaper wagons; he lost his breath and his footing at the same time and disappeared for several moments from the sight of the people crowding the sidewalk. When he was drawn from under the strug- gling shifting traffic there was a little red stream of blood from his nostrils and another from a corner of his mouth. He was taken into the saloon on the cor- ner and laid on the floor while a policeman summoned an ambulance. One of the employees in the place put a wet towel to Gloomy 's lips, nose and eyes and ripped open his waistcoat. There was no tremor in response. The ambulance surgeon felt for a pulse and tried for a heart beat with his stethoscope. ''He's dead," he said. "Better take him to the station, then, for identified- 152 NANCY PRESTON tion," suggested the cop. "Maybe he's got some pa- pers or letters on him." He made a quick search of the dead man's pockets. "Not a thing on him," he announced. "It's a morgue case. Take him along and I '11 look up some witnesses. ' ' For one time Agnes was wrong. What was left of the patient, unimaginative Cole, to whose soul there had come only that morning the light of a good deed done at the sacrifice of duty, was eventually taken to the foot of Misery Lane, the east end of Twenty- first street, where Bellevue Hospital, various clinics, undertakers' shops and New York's roomy morgue are crowded together and where the tugs pull up once a day for the deck-load of passengers in their cheap brown wooden overcoats, bound for Potter's Field. Nancy's one witness that could have saved her if the police landed her for the murder of Luther Littsky had joined the thousands of people that have disap- peared suddenly and completely from the sidewalks of New York. CHAPTER XXXn rpIERNEY had just rolled back to the office from *- lunch. "Anything doin', Agnes?" he asked, pausing at her desk. "A cable from London saying there's a deposit of $150,000 in our office there for this British job. Also says draw all you need." She perked her pretty head on one side as she smiled up to him. "This is more than a million dollar job if the scrap goes on for a year and the agencies are sending in men by the hundred, glad to get three dollars a day as watch- men." "Yeh, Agnes," he smiled back. " 'At's all right but don't let it mix up our regular schedule. Any calls?" "Police headquarters." "Get 'em." The detective bureau wanted him, and one of his old pals of Mulberry street days, now a captain, was on the wire in a few moments telling him the story of the murder of Littsky. ' ' We want all the dope we can get on Nancy Pres- ton, the jane that led you to Mike Horgan," his 153 154 NANCY PRESTON friend told him. "Littsky was murdered in her room after a stiff fight, got a crack over the head with a chair and was then choked the rest of the way. It's a clear case. We got a piece of her hair, pulled out in the scuffle, some of her torn clothes and finger prints a-plenty. They'd had a big feed before the row started. The dishes were all there. Littsky ordered the stuff sent to the house and the landlady took it in to her. When Nancy finished him she took his money and diamonds, picked up the kid and beat it. The landlady was doped and can't remember much except that they were fighting the last time she saw them together." "Say, I had a man watchin' the two of them last night," Tierney informed his friend. "What time did this happen?" "Just before daybreak." "Then he was sleeping. He didn't know a thing about it. Wait a minute, will ya " Tierney yelled through his open door: "Agnes, find Gloomy and tell him his job 's gone. I want his gun and his badge right away." "I got them here," called back Agnes. "Good girl. Nowlookit!" He began talking into the phone again, humping himself eagerly over it, reveling in the joy of a fresh trail. "Of course ya got all the pawnshops covered. Well, there was a girl named Mazy she traveled with, an old timer. Oh, NANCY PRESTON 155 she blew, did she?" His camera brain delivered up all that he had ever picked up on poor Mazy. "Try Boston for her. She lived there once ag a girl. Some guy picked her up and brought her to New York. She'll go there because she'll know how to get around the streets without asking the cops. Find her and watch her mail. And there's Mike Horgan up in Sing Sing. Nancy will try to reach him. He's her man and she won't be able to keep away from him long. Get Murphy and Vegas to take a look-see up at her old address in the Bronx. There might be something doing there. Try the night-hawk taxis around the fifties. They'd remember her on account of the kid. Got it all* You're welcome. If I get a chance I'll see what I can do for you. " He hung up and wheeled in his chair. "Once they get started crooked," he mused, "they just keep at it and these nice ladies and gents who go out to help them go straight just make it all the harder for us. Why, they're having some moving pictures every week up at Sing Sing these days and even the actors make up holiday par- ties to put on vaudeville shows for the cons." He wagged his heavy head dolorously. "And here's this Whoozis, the new warden, preaching kindness. They'll all be wearing wrist-watches in another year. They don't even crop their heads any more and the old stripes are done away with because it might hurt the feelings of some old guy like Cock-Eyed Garry 156 NANCY PRESTON McGarry or some tender young lizard like Izzie the Dip. Oh, hell!" "What's the matter, Chief?" Agnes entered and plumped herself down for a few peaceful happy mo- ments of manicuring. "Oh, nothing much. Same old thing. If that fat slob Judge Maddigan had only tucked away Nancy Preston for a year or so for trying to beat us out on the Horgan case there wouldn't be a murder for the police to investigate to-day. She killed Littsky this morning some time. She with her pretty blue eyes. But this time she'll go where she belongs . . . maybe she'll wriggle through the wires." "It's a headquarters case, ain't it?" she reminded. "We should worry." "Sure, but when my old crowd helps me I help them, don't I?" He paused to think over a way to give aid to the hunters now in full cry after the quarry. ' ' Just tip off all our men to keep an eye open for her," he ordered her. "Get enough pictures of her from headquarters to hand to 'em. New York's a small town. One of 'em might bump into her. And tell 'em about her kid. They're always together. He's a skinny little fellow with big eyes, deeper blue than Nancy's. . . . And, don't fire Cole. . . . Call up Mr. Snowden's office and tell him to come in." In a few minutes she had attended to this and gave him the information that his man had called at the NANCY PRESTON 157 Snowden offices and had gone away. Mr. Snowden was in Chicago on business. They didn't know when he would return. Tierney sucked his teeth. "I'll bet I won't hear from Gloomy for a full month," he sighed. "But it's my fault. Just keep calling up that office every day on a chance of picking him up, Agnes." And Agnes did that, every day for a month, while Gloomy 's naked body lay in its tight marble filing case at the foot of Misery Lane, his clothes in a neat bundle, ready for inspection for all those who sought to the very end of the last lap of outcast humanity for father, mother, sister, brother or child. As the days passed and no one claimed it, it went its way, in its turn, up the river. CHAPTER XXXIII IT was a low class crime and worth only the sensa- tion of a day. The woman in the case disqualified it as a good " running" story for the newspapers. Had she slain in defense of what the daily journals would so roundly call her "honor," had her life been only freshly broken by the Tenderloin 's prince of dark- ness, had she been a new one caught in the net, had her virtue been mired but recently, the public's ever lively interest in the "unwritten" law would have been caught and held by the tragedy. It would not have been necessary for Nancy to have run to hiding in the basements of the cheapest tene- ment houses, scrubbing and rubbing and making her bread and shelter from one dark pit to the other as "help" to janitors and janitresses. She could have given herself up at the nearest police station, admitted her guilt and the ablest of criminal lawyers would have fought for the privilege of defending her free of any cost. The advertisement the case would have offered would have paid back a thousand fold for the time, money and effort the lucky one securing the as- signment from the court could have given. But Nancy had been a lodger in the Tifft house, the 158 NANCY PRESTON 159 guest of the man who had been slain. Also she was under suspended sentence for having tried to help a burglar to escape the law. Seven years before she had not been a "good" woman. In the event of her arrest she would be the prey of jail runners, those ex- cellent products of the New York universities which turn out a multitude of lawyers each year. The door- man and the desk sergeant of every police station and the guards of every jail in the city know them and pick up a little change from their thinly lined pockets. Poor themselves for the most part, hungry for money as wolves are for meat when the winter is a hard one, they will take a case on a chance of the dollar coming from a relative or from the sale even of household goods and clothes. The criminal courts know them, for they haunt them on the chance of the court giving them an assignment to defend a prisoner who is penniless and friendless. The reporters of every great newspaper know them and pity and despise them. No innocent poor man or woman stands an even chance for justice with such incompetent and im- poverished counsel. There may be material witnesses in a distant city but there is no money to bring them on or even to get their depositions. Expert testimony may be necessary and that costs a great deal invari- ably. The district attorney sends the case to the grand jury. The average time taken for that body to indict in the course of a year's grinding of the 160 NANCY PRESTON mills is seven minutes. In the year in which the police began to rake New York for Nancy Preston and her boy, 13,327 men and women were arraigned for serious offenses in the magistrates' courts of the city and forty-seven percent were discharged. The organized power of society exerted through its police system had drawn in its net along with the guilty, or those seemingly guilty enough to be held for the grand jury, 6,239 innocent people. The prosecuting attorney is a judicial officer, sup- posed to represent the accused as well as the govern- ment. But his zeal is to convict and he cannot know the real truth back of the defense, for what defendant is going to give to the man attacking his cause any information whatever? Political ambition has been won for many a brilliant district attorney through sending a man to prison or the chair. By a convic- tion he has everything to gain and he has all the power that is necessary to win a verdict of guilty. Only great wealth, which may employ finer brains than he may boast, can beat him. The poor are hope- less and helpless before him. Nancy knew what it meant to be hunted, to be hounded after her seven years of purification, those years of struggle with a gleam of happiness an ample return for what she gave in decency's name and in the name of the love she had held for the man who had tried to run straight. NANCY PRESTON 161 With Bubs in her arms, she staggered down the basement steps of a cheap flat house far down Ninth avenue, as far away from Forty-second street as her legs would carry her. In a window was a sign. It read: "Assistant wanted. Apply within." A tired, broken woman, with gnarled hands and grimy face, lay on a lounge. It was the janitress, rheuma- tism, bred in the dampness and darkness of her under- ground habitation, torturing her. There would be at least food and shelter here for a while. She took off her hat, rolled up her sleeves and went to work. ' ' Thank God ! ' ' groaned the stricken woman in the front room. "Thank God," echoed Nancy. Late that night she glanced at an evening paper, taken from the rubbish sent down by a tenant, and read with horror of Littsky's murder and of the search of the police for Nancy Preston, alias "Straw" Nancy. The janitress would know nothing of this. If she could read, which was doubtful, she was so crip- pled that it would be many a day before she could hold a paper in her hands. This was a safe enough hiding place, perhaps as safe as the city held for her. There was food and coffee in the cupboard. She fed Bubs and found a mattress and covering for him and herself. She knew nothing of religion. As she closed her eyes, Michael's patient countenance came 162 NANCY PRESTON before her. He seemed to be trying to speak to her, to warn her. She opened her eyes and thought that she saw the face fading away. Then she was sure that she saw iron bars and sat up, trembling. It was not a vision. The bars were real, guarding the back windows of the basement from neighborhood thieves. CHAPTER XXXIV MICHAEL, with the red disk showing against the gray of his sleeve, was again on duty in the hospital of the old Monastery up the Hudson. Old-timers, men approaching senescence, their with- ered faces long twisted into a semblance of brutishness by the soul-killing years of cell-life, eyes dull, hair fallen out save for eye-brows and lashes of silver, their skin in parchment folds, their gait that of the oxen under yoke, were glad to see him. They gave him each a glance, a flash of lightning from the dark clouds of their deadened brains, the night of their blank minds, a glance which is recognition and greet- ing. Convicts call it "the know" or "the office." Many of them had been pretty ill and had missed him and his almost womanly gentleness in his ministra- tions. Prison had never robbed him of a trace of his humaneness. The pleasures of the intellect had been his bulwark against the foul influences of this "cor- rectional" institution. The stigma failed to attach itself to his face, still dark and lean and distinguished, the face of a gentleman. His inner life was like a white light. The harshness of the world had swept him like a cold rain, bitter but cleansing. 163 164 NANCY PRESTON In a week he was back in the routine of his trusty's job. He needed no trying out. Two terms had shown his caliber. Father Healey laughingly said that he would give his personal recommendation for him as warden of the prison and trust him with the keys of every corridor and the great iron outer gate that led to the road down the hill and the wide world. With such a prisoner the work of the keepers is eased. In workshop or mess hall, the guards with their long clubs and handy pistols are not so jumpy when he is near; his higher intelligence seems to take away some of the always present menace that there is for the trainer with his whip as he enters the den. "If what you tell me about this man Hindman being the real thief is true," said the priest toward the end of Michael's second week, "he will be caught and your innocence established. The governor will pardon you." "He '11 steal again, of course," Michael agreed, "and he may be caught red handed at it but that will be another case. The police and James Tierney, Incor- porated, will not remember that Hindman covered himself by sending me to prison. Their job is not to get people out of jail but to put them in. ' ' "But didn't you have any friends to help you make a fight ? ' ' asked the padre. "One friend, a woman. She laid her whole clean soul before the court and the world in an effort to NANCY PRESTON 165 save me and when her cross-examination was ended she stepped down from the witness chair branded a harlot and given an alias." Michael's eyes clouded and' he turned away from the priest who was himself almost as much a prisoner as any of the twelve hun- dred gray-clad men of La Trappe. "Her love must have been great." "No greater or cleaner was ever offered man by woman." "She will come to see you?" "I hope so. I think so." The priest went his way to a distant cot where death hovered and Michael again saw the grated patches of sunlight creep from the floor of the hos- pital to the eastern wall as the sun descended beyond the further shore of the Hudson to its bed beneath the darkening autumn hills. His relief came on duty and he went to mess and roll call and thence to his cell. One word from her that she was well and had taken up the struggle again was all that he craved. Why hadn't it come? The prison regulations did not per- mit him receiving a letter so soon after his return but she could have sent him a word of assurance through the warden's office or through Father Healey and it would have been delivered to him. Perhaps she was waiting to come and pay him a visit. And perhaps she would bring Bubs with her. His joy at this 166 NANCY PRESTON thought was short lived. The lad was growing and in after years, when all the storms of life had passed, he would recall him in the baggy gray clothes within the high-walled place, would remember the swinging to and fro of the ponderous iron gates, their clang and the echoing clamor of the turnkey as he made them secure behind him. Nancy might bring him anyhow, as a bright gift, knowing how deeply he loved the lad and the happi- ness that would be his at the sound of his voice and the clasp of his little hands. He must try and get a warning to her not to do this for Bubsy's sake. The clamor of conversation from cell to cell in his tier died down and the mirthless laughter of the ob- scene was stilled as the lights went out. The keeper flashed his lamp the length of each bunk as he passed. Another prison day was over. CHAPTER XXXV MICHAEL awoke suddenly, his hands and face covered with the cold sweat that only the hor- ror of an evil dream may bring. He swung his feet to the floor of his cell and passed his lean hands through his hair as he endeavored to recall it, to bring in contact the real and the unreal, the conscious with the subconscious. Her voice, Nancy's, rang in his ears. Something had happened to her surely or per- haps it was just that she was thinking of him so in- tently that she had awakened him. He had no idea of the time of night but felt that he had not been long asleep. Save for the breathing of the men in their cells the tier was still. If Nancy was in trouble he was powerless to help her. No, not entirely so. Father Healey might go to her for him. His job was to help, even as Christ had helped, those who could turn not elsewhere. His uneasiness grew upon him. Faintly came a signal through the pipes. The old prison gossip was at work. He had something to tell. The underground news service was in operation. The message, he knew, would be long for the operator was using all possible caution 167 168 NANCY PRESTON not to start trouble by sending so loudly that the keepers would be disturbed. Slowly the story was tapped off in the Morse code : "Luther Littsky, panderer, killed. Choked to death. Police hunting woman named Nancy Preston. She ought to get a medal. Not ar- rested. Got a good start. Bonehead Tierney, the rat, after her also. M. H. knows her. Bill 's widow. Has a little boy; no money. Looks rough for her. If message comes to M. H. will send. Good-by. ' ' For a moment Michael sat in the darkness of his cell like a figure cut in ebony. His blood seemed to stop flowing. It was a part of his dream, this tap- tap-tapping that had so sinisterly assailed his ears. It couldn't be true. He unclasped his hands with an effort and felt the blanket of his bunk, tugged at it and then rubbed his knees. He was sitting up and was awake. Could he possibly have dozed off in this position and dreamed this cruel and horrible thing? He stood up, caught the bars of his cell door behind his hands and stared out into the dimly lighted cor- ridor. "Keeper!" he called softly. "Keeper! It's Hor- gan!" "What's the trouble?" asked the keeper as he an- swered the summons. NANCY PRESTON 169 "Did you hear anything?" "Hear what? You're jumpy. Bad dreams." "Did you hear the pipes?" "Sure, that same old gossip. Did he wake you up!" "What did he say?" "Pah, nobody bothers with him. He's a nut. Somewhere down in the engine room, I guess." It was no dream. Michael knew that he had read aright. But just to hear the keeper's voice and to have him near was better than to be sitting on his bunk thinking of Nancy running from the police and Tierney, dragging little Bubs with her, penniless and hungry, the fangs of the pack snapping at her skirts. "Was there anything in the papers about the death of Luther Littsky?" he asked in a whisper. "Sure. He got what was coming to him, too. A crack over the head and strong fingers at his throat. A woman did it. He must have been at his old game. She put up an awful fight and got away with it." "Who . . . who . . . was this man Littsky?" asked Michael. "He wasn't a man. He was a beast; ruined and sold women. Made a fortune. The cops could never land him. He had too much kale. He could buy witnesses never mind how high they came. And lawyers ! That was Littsky. Didn 't you know about him?" 170 NANCY PKESTON "No, my God, no!" Michael staggered back and fell face downward on his bunk, choking back the sobs and driving his teeth in a corner of his blanket in the agony of his soul. CHAPTER XXXVI "IK THEN the day came and the clangor of the bell for them to get up and get out for the job, Michael soused his head in cold water. He had not slept save for a few moments of nightmare more tor- turing than wide-awakeness. He gulped his coffee and .ground his food between his strong clean teeth, choking it down. As he entered the hospital, the night man he was to relieve whispered to him that the convict Father Healey had visited on the day before wanted to see him. "Mebbe he's got some message that ain't any- thing of a religious nature he wants to give you," said the night orderly. "I dunno. He just kept askin' for you. That's all, old fellow. So long." Through the grated western windows he could see the reflection of the morning sun. The distant folds of land, rising gently to the west beyond the further shore of the river, were smudged with haze so that the darker autumn colors were hidden. The river lay like a wide blue ribbon, ruffled just a little by the breath of a breeze playing with it as a kitten would. It might have been spring instead of autumn, for the 171 172 NANCY PRESTON colors were hidden and the cold hard glint of winter had not yet come to the sunlight. The man in the corner cot begged him feebly with his deep-socketed eyes to come to him and he obeyed. "I got a present for you, Mike," he whispered. The words mildly startled him. He had heard them before, he thought, in the same room and with the same light and shadows in the room. He won- dered if imagination was playing a trick with him. ' ' I got a present for you, Mike, ' ' repeated the dying convict. "It's under my shirt. Take it out. You might want to make a get away. It 's a hand electric, fresh charged ; stole it from the supplies. ' ' Although his lips were as yellow as the clay he was soon to share, they twisted in a cunning smile. "Bend lower and take it," he added. Michael deftly slipped the gift under his own blouse. Then he remembered the spring morning when the orderly had told him that old Jim had been calling for him and he remembered how Jim had told him of the loosened brick in the wall of the last potato bin down back of the kitchen, how he had puttied it with chewing gum and how it would let him make the sewer to the outer world. "You been good to us sick fellows," the convict was mumbling. "I won't need it. You might. I got some tobacco, too, and old newspapers and a book and pictures of wimmin in my cell. Take 'em all, NANCY PRESTON 173 Mike. Father Healey is a good man but he don't need 'em." Michael sat and held the old fellow's hands as the blood left them. The stiffening of the yellow fingers told him when his sentence to mortality was ended and his soul back whence it came. From the world of kindness in his heart Brother Michaelis had gar- nered these things: a hole in a wall and a light to guide him through and beyond it, a little tobacco, some old newspapers and "pictures of wimmin." He left the side of the cot and went to the win- dow, studying the steep topography down to the river's edge. It did not seem possible that the sewer would lead directly to the water from the high perched prison as Jim had perhaps taken it for granted it would. In all probability it followed the road to the village and connected up with the town sewer. In such event the electric lamp bequeathed him would mean everything in his venture should he be com- pelled to make it. Again, he thought, a long under- ground journey would mean occasional manholes, through one of which he might make the surface, avoiding the struggle through the icy waters c the river. Until he heard from Nancy and received the information how to get in touch with her, he would have to be patient. To make the break for freedom now would be folly for then they would be wholly lost to each other. As it was she knew where to reach 174 NANCY PRESTON him and that she would eventually get a message to him he was certain. She would know the bitter anxiety of his heart and if it was humanly possible she would relieve it. A greater tie had come to bind them than their mutual love for the sickly little lad they had both started out so bravely to save, a tie made stronger by suffering and adversity, the love that comes to those who fight and fight hard together and, fighting, see no sign of cowardice in each other. "Well, Brother Michaelis!" Father Healey stood close behind him. "Your penitent has just died," he informed the priest. "You mean, Brother Miehaelis," retorted the padre, "that he has been pardoned and is gone. We are all prisoners just waiting for that moment. ' ' CHAPTER XXXVH "IV/TICHAEL lost no time in preparing for his flight * from the prison. He secured a change to the night trick in the hospital on the plea that it would give him more time for his studies, Father Healey making the request for him. His next move was to gain access to the kitchen which was readily achieved through his request to he allowed to make a b^oth for one of his patients. Down in the darker depths of the walled city he made friends with the night force of workers, even- tually found the bin and the masked door to freedom and was ready for the break should a call for help reach him from Nancy. There, too, he came across the old gossip and learned that the chief wire of com- munication between the underworld life of New York and the convicts lay through the trusties who handled the incoming supplies. A motor truck driver picked up a neat bit of extra money as messenger. Bill Pres- ton had used him in the old days. A note from Nancy enclosing the fee and the word she wanted transmitted would reach this man at his home address in the Bronx, not so many miles from the prison. There was danger of the gossip sending along a 176 176 NANCY PRESTON message through the pipes at a time when it would not reach him and so Michael made himself known to his fellow convict. "I knew Bill Preston," said the pipe-line telegra- pher. ' ' There was a powerful lot of good in that man. We were kids together in New York, in the same class in public school, way down in Oliver street in the Cherry Hill section. To the west of us was the old Bowery and to the east the docks and the arches of Brooklyn bridge. That was where the biggest part of the junk business was done in our time." He showed his few broken and worn yellow teeth as he smiled at his reminiscences. "Every crook comes to know at some time that there ain 't anything in trying to beat out the law but it was so easy to get money from the junk dealers. A kid down in our ward would just wrench a piece of pipe out of an empty house when he wanted a baseball or a catcher's mask and the junkman would hand him the money. He'd buy anything and no questions asked. When you start that early you keep a-going until you get tired of rotting in prison and being hounded or until a cop gets you on the run just as Bill got his. There was a lot of good in that Bill Preston. I remember there was a family named O'Hagan being evicted in Water street and Bill went through a transom one night and when he come out he had the rent money for them. NANCY PRESTON 177 I think he was soft on Maggie O'Hagan, a pretty girl." He would have rambled along in his hoarse whisper for an hour had Michael let him. "I'm expecting word from Bill's widow," he told him. "Don't put it on the pipes if it comes." "All right. Then, after the junkman gave us the first lessons," he continued in the monotone of the tireless talker, "the cops got us and before we knew it we were up in Randall's Island where they send the juveniles. Say, that was some hole! One year in that place would make a murderer out of an altar boy. There ain't a summer that the poor kids there don't make a break to get away from it, trying to swim for the mainland and many a youngster has gone out dead with the tide." Michael spread his tray with a bit of lunch for the hospital guard and hurried off, ending the practical lecture on the making of criminals from the streets of New York. He had heard the girl's side of it from the evidence of Nancy under cross-examination. This was the side of the boy of the great city 's highways, a city so evilly crowded, so topographically unsuited to its ever in- creasing population that it has become nothing more than a jungle, beneath which its people have been compelled to burrow like moles for the slightest elbow 178 NANCY PRESTON room in moving from place to place ; a city with day courts and night courts, courts for men and courts for women and courts and prisons for children. Poor Bubs ! What chance would he have ? Michael sat in a corner of the hospital, his heart bleeding for the little fellow. The bitterness of his own experi- ences had not lessened his love for humanity. Rather it had sharpened it. The successful, the rich, the fa- mous did not hold his attention and interest as did the great overwhelming mass of stragglers, of whom so many fought and fell and rose to fight again. The Illustrious Obscure, he called them. Their battles and their tears went unnoticed. God alone knew how many Nancys gamely stood the punishment of a help- less civilization that had not yet found the golden key to the problem of justice and the poor. An old problem. CHAPTER XXXVIH A THIN sheet of ice was forming on the rivers, the moonlight plating it with silver sheen. Mi- chael turned from the hospital window at midnight and, telling the guard that all his patients were sleep- ing easily, went to the kitchen. The gossip was waiting for him. As Michael busied himself over the range the news operator began to shake down the ashes and whispered in his ear. "Bubs is dead." Michael steadied himself although his face was deadly white. "She's all in," the gossip continued, and then, leaning closer, gave him an address down in the old Ninth ward of Manhattan, a tenement house west of Hudson street in the neighborhood of Bleecker. ' ' You got it ? " he asked. Michael nodded. The flash light was in his blouse and with it a chisel he had managed to acquire from a convict working in the machine shop. "She's living in the basement. In the front of the basement." "Anything else?" Michael asked. "The boy is buried." "That all?" 170 180 NANCY PRESTON "Pretty damp where she lives and cold. Pneu- monia. ' ' "You haven't seen me to-night." The gossip's hands trembled slightly as he fixed the dampers of the range. Horgan was going to try for a get-away. "I ain't seen you," he agreed. Michael thrust some pieces of bread within his blouse. ' ' You 'd better look out for the furnace fire, ' ' he told the convict. The moment he was out of the kitchen, Michael was in the potato bin and working silently, swiftly. When the opening to the sewer was large enough to admit his entrance he drew against it two sacks of potatoes, balanced them in place care- fully and flashed his light. Jim had done an excellent job. After the mortar had been scraped from around the first brick he had dropped all the refuse from his work within, using just enough of the powdered lime and sand to color his chewing gum substitute. The top of the brick sewer had been opened as the wall had been, the opening covered with gunny sacks so that the escape of sewer gas would not be sufficient to attract attention within the prison. He cleared the opening and crawled within, sinking half to his knees in the effluvia. Breathing as little as possible, his head reeling from the poisonous stench, he went ahead, crouched far over, the light in its narrow com- pass giving him brilliant illumination. It was not very cold although he knew that outside the tempera- NANCY PRESTON 181 ture was freezing. Once he plunged forward rap- idly. His foot had struck some slimy object that had seemed to move. Could it have been some living thing, a cloacal creature ? The thought made his hair stand on end. There were such things, for there seems to be no actual death even in corruption. He plunged forward, throwing his light overhead from time to time, looking for a manhole. He had traveled for about twenty minutes at as great a speed as he could make, covering his mouth and nostrils with his left arm, when he found the first overhead opening. His chisel lifted it easily. He listened for a full minute. The whistle and rum- bling of a distant train were the only sounds that reached him. A footfall would have meant danger. Gently he lifted the iron plate to one side and looked out into the world. Overhead the stars were sown thickly between occasional clouds hinting of snow. He found himself at a bend of a wide road along which were darkened houses. He drew himself up and out of the prison's gut, dropped the manhole cover in place and ran to cover in a patch of shadows at the sound of an approaching motor truck. The machine slowed at the curve. As yet he had no idea of direction but he knew that it was hardly probable that any deliveries would be made at the prison after midnight. The truck ought to be headed away from it. As its driver straightened out the great vehicle, 182 NANCY PRESTON Michael leaped from the dark and swung to its tail board. There was space between it and a number of crates and boxes. He crawled over and lay flat on his face, safely hidden from view. The roads were deserted and the driver gave his engine all the gas its carburetor could handle. He felt that when his escape was discovered and the sirens began their frightful howl of warning to the countryside that a convict was at large he would have a start of many miles. Luck was with him or perhaps God had lifted His rod from his shoulders. After about an hour the machine came to a halt. They had passed through the side lights of several villages. Michael lay still. He heard the driver draw off the water from his radiator and depart. A door slammed and he heard a lock slip into place. From the silence, the darkness and the smell of gaso- line, oil and grease, he knew that he was locked in a garage. After a wait of ten minutes he crawled out of his hiding place and, cautiously using his light, found a closet where hung overalls and a workman's cap, priceless gifts of fortune. Cleaning himself as best he could with what rags and waste he could find, he slipped into the overalls, pulled the cap over his head and jimmied a window, reaching the open. He found the garage close to the river. At a ram- shackle dock was tied a motor boat in which a man NANCY PRESTON 183 labored hard with a cold engine. The ice was not yet heavy enough to interfere with navigation. Michael sauntered to the stringpiece of the wharf. "If you're looking to get across," the boatman panted angrily as he desisted in his efforts to get a spark from his motor, "you can get a free ferry ride by tackling this damned fly-wheel. ' ' He sat down in the stern sheets exhausted and Michael climbed aboard and replaced him at the task. If the Sing Sing sirens had sounded their warning as yet, the clatter and crash of the motor truck had deadened his ears to them. His feet were freezing and his stomach weak from the evil exhalations of the sewage through which he had made his way to freedom. He was glad of the chance to get his blood going. He labored hard and finally there came a sputter of life to the motor. He tackled it again and with a shout of gratitude from the boatman they were headed for the opposite shore where the Palisades reared clearly and solemnly under the stars. Looking back as they reached mid-stream, Michael recognized the lights of Dobbs Ferry and his heart beat fast with happiness as he remembered his old nook among the rocks to which they were headed, the abandoned summer house where he had slept with the "scrub angels" of Swedenborg. There he would find momentary refuge and a place to rest and there also, he remembered, tucked away in sheathing paper, was 184 NANCY PRESTON his suit of clothes, the suit he had worn when he made his flight from Vegas and Murphy the day he saw them enter the jewelry factory in the Bronx. Leaving the boatman to tie up his little craft, with a brief explanation that he had been promised a job in the morning by a contractor in Tappan, a village seven miles back of the Palisades road, Michael started up the winding path from the river 's edge. The sum- mer house was still there and his clothes under the bench. He changed swiftly to them and hid his con- vict's suit. The Italian villa, upon which he had worked for Dan Burns, showed its pale green tiles in the starlight. There were curtains in the windows and a dim light in an upper window. Its owner, the Wall street man with money-mania, was occupying it. Thought of him brought the realization that he was without a penny to help him in his further progress to Nancy's address. The correlation of ideas then brought to his mind the tempting picture of the secret vault he had built within the villa. In that one nook would be, perhaps, money enough to take him and Nancy far away from any more misery, poverty and persecution. "Wealth, the thing that gives bread to empty stomachs, clothes to shivering bodies, that pays the expenses for bringing distant witnesses to court so that justice may be dispensed, that hires lawyers with high intelligence and pays the cost of appeals, fees to itching hands everywhere, was lying idle there. NANCY PRESTON 185 Not that the villa owner lacked a decent right to have it. Michael thought that perhaps he lacked only the knowledge of the power for good he had attained in its gathering. Faintly from up the river came a whine, rising and then falling, like the mourning of some animal for its lost whelp. It was the siren call of Sing Sing for its own, but so far away that it would not awaken those snugly abed about him. He could readily picture the prison telephone operator plugging up the numbers of all the marshals, constables and police and all the towns and villages for miles around. They were after him. He hurried in the direction of the villa. No one stirred within. His chisel found its niche under a window. The sash gave. Michael slipped over the sill, his dancing spot of light guiding him. His hand went under a picture and found the electric button which swung open the steel door of the vault. Danny Burns had not exaggerated. The owner of this house loved money for itself. There were bonds, household silver and jewels and cash laid thickly on the steel shelves. He could have taken away enough money to have made the luckiest of burglars envy the haul. There were some gold coins in stacks. Per- haps the owner kept them for their music. He took ten ten-dollar pieces, closed the door, slipped out into the night, drew down the window sash and struck out to the south at a rapid gait. 186 NANCY PRESTON In the morning he would have his railroad fare on the Northern railroad to Jersey City, money enough to change to the garments of a gentleman and to live as one for a few days as he laid his plans to save Nancy from the pack at her heels. CHAPTER XXXIX THE new hunt for Mike Horgan was hardly under way when a tall well-dressed gentleman stepped from a taxicab in front of the Nassau street skyscraper in which were the offices of Mr. Vernon Snowden, one of the most distinguished members of the New York Bar Association. Several newsboys rushed by him as he entered the building, yelling the tidings that "Desprit Thoid Toim Boiglar Escapes Sing Sing." The public was already wearying of wholesale slaugh- ter and the championship baseball series had long been ended. Managing editors of the afternoon papers were praying for a good old-fashioned murder mys- tery jpr a wreck on the Elevated. They always sold papers. The fare from the taxi paused to buy one of the sheets. He smiled as he took the elevator and scanned the headlines which for the moment put him ahead of a world-war in point of interest for the thousands of stenographers and clerks out for their lunch hour downtown. An office attendant held him up in the reception room of the lawyer. He filled in a blank ; "Mr, Mi- 188 NANCY PRESTON chael Lawrence Stafford desires to see Mr. Vernon Snowden. Business Stafford Estate." It brought immediate results in the person of Mr. Snowden him- self, a rather portly old gentleman of high complexion and snowy white mustache. ''My boy! My boy!" he exclaimed, catching his visitor by both arms and taking him into his private office. They sat and studied each other while Mr. Snowden recovered from his surprise. "I sincerely hope that this means the end," began the lawyer, reaching over and taking one of Michael's hands. "I hope that you feel that you have paid in full, my dear Michael. If you only knew the anxiety that you have caused me." "I am sorry for that, but it could not be helped." ' ' But now you have come back to the bright surface of life and all will be well." Mr. Snowden left his chair and stood over Michael, smiling in genuine hap- piness. "Of course you know that your uncle died two years ago. ' ' "I did not know. But he was quite old, of course." ' ' And quite rich. Nearly all his money was in steel holdings and the war, of course, has tripled his estate, which I am directing for you." "For me?" ' ' Why surely, Michael. Who else was there to leave it to?" NANCY PRESTON 189 "Of course," repeated Michael. "He was not much interested in philanthropy, was he?" ' ' Oh, he left some fine bequests, one to your college, a goodly sum." Michael's face lighted with pleasure. "Then I am quite well-to-do?" he asked. "Quite? I should say so," laughed Mr. Snowden. ""Why, Michael, you can give away more than a hun- dred thousand a year and never feel it. Your uncle was a most astute investor." "I'm afraid you will have to begin spending some of it for me right away, ' ' Michael said. ' ' I have just escaped from Sing Sing where I was sent for ten years for grand larceny. ' ' Briefly he gave Mr. Snow- den the story of his case. "The man Hindman, who was the real thief, must be caught and, if possible, a confession secured from him. If this is done, then you may ask for a pardon for me and I shall be able to live in the sight of all men. We must put detectives in that jewelry factory. It should not be a difficult task. Without money I was helpless. It is only from the poor that the poor get real help when they are in trouble. Then there is one person I must save, the one who helped me out of the bigness of her heart. She is broken-hearted, and perhaps hungry in a tene- ment basement not far from here. I must get all of her story first and then send it to you." 190 NANCY PRESTON Mr. Snowden's face was grave. He was himself running counter to the law by shielding an escaped convict, a man he had seen come up from boyhood and had loved and respected. "Was she the lady you asked me to help in your letter?" ''Yes." "The letter reached the office when I was away in the Adirondacks on the orders of my physician," he explained. "When I returned she was gone from the address given. My office could get no trace of her." ' ' I know where she is and am going to her to-night. ' ' "In the meanwhile you will keep under cover?" "I must I thought I would shut myself up in my old university town and finish my course in medicine. I want no more of the law. It makes of the adminis- tration of justice a means of money making merely." "And the lady you spoke of?" "I shall take her with me, as soon as you get me enough money to provide my living expenses and hers." "And will she give up her life to a man in hiding from the law ? ' ' "She is herself in hiding." "You mean she is charged with some offense?" "Yes. With murder." "Murder!" The eminent lawyer's face blanched. "But you believe her innocent?" NANCY PRESTON 191 "Yes." "It is better not to tell me anything further just now," advised Mr. Snowden. "I will get abundant cash money for you and start you off. Then I shall employ James Tierney to hunt down this man Hind- man and get you cleared first. The other case can then be taken up." "Tierney!" Michael smiled grimly. "Not Tier- ney. He put me in prison for an annual retainer from his client who was robbed. He drove my friend Nancy Preston to the streets and sent her child to death. Not Tierney." CHAPTER XL A WELL-HEATED limousine, carrying baggage for two, heavy rugs and a hamper of good things to eat, stopped in front of one of a row of red-brick tenements just off Hudson street. In a quiet but exclusive hotel frequented by people of means and manners, Michael, supplied with abundant cash, had secured a professional shopper from one of the Fifth avenue department stores. Through her he was able to purchase everything that Nancy might need and that he needed without showing himself in the streets. The car and chauffeur were supplied by Mr. Snowden. A dim light flickered against the dirty panes of the tenement basement. Michael tried the door under the stoop and found it locked. He tapped on the win- dow and some one stirred within. He could make out the form of a woman. "Nancy! Nancy! It is I, Michael!" he called. "Michael!" he heard repeated in a cry of bewilder- ment. The door opened and he entered a dark hall. ' ' Michael ! Michael ! ' ' her voice repeated. He groped for her and caught her in his arms as she fainted. For a moment he hesitated. There was no 192 NANCY PRESTON 193 need of taking her back into the cold hovel in which she had found refuge. He turned with her and car- ried her to the car. The chauffeur had been given his directions. Morning would see them in a little college town where was only peace and quiet. Snowden had already arranged for their quarters at an inn where a motherly woman would care for Nancy. He pulled down the shades and switched on an overhead light as the car moved off. How pale and thin she was! Her clothes were ragged but clean; her shoes broken. As he laid her on the deeply cush- ioned seat and chafed her wrists he saw that her hands were worn and gnarled, the nails broken, the flesh of the fingers split. Tears of pity and love filled his eyes. She opened her own in time to see them fall and strike upon his cheeks, to feel their warmth upon her hands. "Did they see us?" she asked, sitting up and staring about her. "Was he watching the door?" "You are safe, Nancy," he told her. "Michael! Michael!" She broke into tears. "I thought I saw one of them the day I buried Bubs. But a poor woman loaned me her veil and it saved me. I didn't kill him. I didn't kill him. Some one killed him after 1 ran away from the house uptown." "Don't worry." He sat beside her and, worn out, she let her head fall on his shoulder. ' ' We are going where they can't find us and then we will make our 194 NANCY PRESTON fight with the weapons they use, money and detec- tives. It is already started. We will find and get Hindman who sent me to prison and find and get the man who killed Littsky." The first snow of winter began to fly. They could see it dancing ahead of them and as it settled from occasional flurries into a steady whirling sheet the sounds of the city's night traffic died down. The big machine rolled along smoothly and noiselessly, gath- ering speed as the city's outskirts were reached. A sense of security came to her and the phantom detec- tive that had begun to haunt her, sleeping and wak- ing, even when she was beside the little coffin of her boy, gradually left her. She fell asleep and when she awakened Michael made her drink a cup of hot choco- late from a thermos bottle and share a goodly lunch with him. CHAPTER XLI TIERNEY groaned at his desk, groaned from pain of body and soul, for not only was his old-fash- ioned "belly-ache" back upon him but Mike Horgan was out of prison. "You better get a doctor to " began Agnes. " I '11 paste you with the telephone book, ' ' her chief snarled. "Why in hell do they have prisons when the poor Johns running them leave the doors and windows open every other night ? ' ' "He can't get far," suggested Agnes in an effort to comfort him. "He's broke, ain't he?" "But there's one thing I can tell you, Agnes," he said between grunts of pain, his heavy face spotted with white. "He and Straw Nancy will come to- gether and when we get one of them we'll get the other." "You better get that doctor," she began again as she realized that the attack he was suffering was worse than any she had witnessed in the past. He paid no heed to the suggestion. There was time in his life for nothing but man-hunting and the new war busi- ness had reached such an enormous scale that money from British, French and American manufacturers 195 196 NANCY PRESTON and purchasers of war supplies was pouring into his office in an ever widening stream. His detectives and guards for the munition plants, warehouses and docks already made a pay roll of two thousand and for the direction of this force he was working on a profit of one dollar a day for each man. He was among the first of the great profiteers and although in the be- ginning he was not especially cupidous the steady piling up of such wealth finally got him and avarice crept upon him like a slow disease. He fought off the sharp pain in his side as he had done before and when a little relief came he wiped the sweat of agony from his forehead and asked for a report on the disappear- ance of his man Cole. "That was what I come in to give you," replied Agnes, her pretty face drawn. "It's bad news." "Shoot." "We found his clothes in the morgue." "He's dead?" "Yes." "How did it happen?" Tierney's eyes were low- ered. "He was knocked down in the street by a wagon and killed. There weren't any papers in his clothes to identify him." For a long time he remained silent and thoughtful. Death had come a little too close to him and he was afraid of its shadow in the strange helpless way of his NANCY PRESTON 197 kind. In combat, gun in hand, against any of his enemies of the underworld he would have died fighting gamely and without a tinge of fear in his heart, but this sudden rearing of the specter, leaving a man without a chance for a come-back, left him a coward. He had bravado but was not brave. He could pull a trigger with true aim but he had no philosophy with which to meet and face nature 's inevitable, final word. "He didn't leave any people, did he?" he asked. "No." "Then, we can't do nothing for him. He's gone. What case was he on when he was killed ? ' ' "He went over to see Mr. Vernon Snowden, the lawyer, about Mike Horgan ..." began Agnes. f Tierney's face became purple. Horgan! The name would drive him crazy. If it hadn't been for that gentleman burglar with his high notions, such as calling a common street walker a saint, his man would be alive and on the job with him to-day. He would run him down and make him pay. "Send Texas in here," he ordered, "and keep out until I call you." Texas Darcy sat beside his chief's desk and listened patiently to the angry tirade with which Tierney re- lieved his soul. "Now," said the chief, his head clearing, "we'll get down to business. You and me are the only ones in this shop that know this guy, Horgan, by sight. We 198 NANCY PRESTON got to get him. I've got more money than half these bankers downtown and before the war is over I '11 have John D. Rockefeller looking like a subway conductor. I'm going to spend some of the jack to land this feller and land him right and when I land him he 's going to pay good and plenty. He and his woman Straw Nancy are both running free. We'll catch them to- gether. We'll put him back in his cell and then we'll let him sit there while his Nancy goes through the wires. Murder is the charge against her and police headquarters have enough evidence on her to put her in the chair a couple of times." Texas lit a cigarette, undisturbed by this burst of hate. "If I ain't mistaken," Tierney continued, "the one big clue that will lead you to this pair of birds is going to come out of the office of the high and mighty Mr. Vernon Snowden. I sent poor Gloomy there to look him over the day he was killed. I want you to watch that famous lawyer and, if you can, get somebody in his office on our pay roll. We got to get at his letters. We might tap his telephone and it won't be so hard to get a dictograph in his private office and for that matter in his home. We've done it in many cases. Texas, there'll be something fat in it for you if you handle this case right. Do you get it all good in your nut ? ' ' "Sure I got it." Darcy took a last whiff from the NANCY PRESTON 199 cigarette. His little eyes danced feverishly. "And if he puts up another fight when I close in on him . . ." "Go easy, Texas," warned Tierney. "I'm gonna make him pay through his woman. He's got to settle with me for all this time and money and the loss of one of the best men I ever had on a job." CHAPTER XLH REMOTE from great cities, Milford Town with its cluster of university buildings, its inn for the comfort of visiting alumni and relatives of stu- dents, its hospitals amply endowed for the care of the people of the surrounding country, its little shops along shaded streets and its peacefulness, save for an occasional boyish scrimmage, made a haven for Mi- chael and Nancy which, after the years of want and misery, savored of paradise as they adjusted them- selves to it. The Stafford bequest had come at an opportune time, saving the institution from threatening indebted- ness. Michael's return, after his mysterious journey to the great outer world, was hailed with delight by his old instructors and the members of the faculty, for he had been an honor man and a favorite student. He lost no time in entering the medical school for his degree and found that he had studied so well in prison that he could already take the second year examina- tions with ease. As a post-graduate student, as well as a benefactor of his alma mater, the way lay pleas- antly before him for admission to his new profession. 200 NANCY PRESTON 201 To inquiries from his old professors as to why he had abandoned his first choice, the law, he merely replied that many another man had practised for a short time only to withdraw. He had found nothing wrong with the judicature but with the administration and practice of the law there were faults which had made him turn from it as a means of occupation. Nancy entered the hospital to receive a nurse's training, taking the name of Michael's mother before she was married, Anna Alston. With the death of his wealthy uncle, Michael was left without immediate kinsfolk. Their seclusion was complete, their life tak- ing on the beauty of calm after storm. Both working with the aim, to help the afflicted, whether rich or poor, the days passed swiftly and the nights in mutual study before bright log fires at the inn, the music of sleigh bells silvering the silence beyond their frosted casements. The money he had taken from the hoard of the rich man, the night of his escape from Sing Sing, had been returned. Michael's conscience did not bother him on that score. The way of the law with the poverty- stricken had made him steal. He told Nancy that it was just as well that he had taken the money, for then he would be better equipped to write his final book advocating the establishment of a Public De- fender in the courts of the land, an officer before the bar of justice who would ever be ready to look after 202 NANCY PRESTON the interests of the penniless prisoners without influ- ence, giving him a guarantee of the same opportuni- ties for justice that the wealthy and powerful could command. "I think I shall call it 'The People against Nancy Preston,' " he told her, "and then we shall be done with the law." "Unless Tierney finds me," she said quietly. Much of the old fear had gone from her as the winter ended and the months of bodily comfort and mental occupa- tion in the hospital brought her back to the full of her old health and beauty. There had been little time in which to receive the old phantom guests of her ter- rible basement days following the murder of Luther Littsky, for Michael had provided her with a tutor three evenings a week for the cultivation of her mind beyond the needs of the profession she was taking up. "Perhaps in the great slaughter that is going on," he mused, ' ' the curious world will find less interest in the violent death of a single scoundrel. ' ' The glory of the springtime came, but their hearts heeded not its call although a softer light came to the eyes of Nancy and at times she would feel his hand tremble when they bade each other good night. They worked harder in class room and hospital ward as the end of the term approached and summer came with all its rich beauty of full-foliaged trees, soft brown roads and colorful gardens. NANCY PRESTON 203 Faculty, instructors and students went away on their vacations and Milf ord Town fell asleep for three fragrant months. They took a brief rest from study during the last days of June. In the evenings they would walk, their lips unmoving, their hearts in com- munion. One moonlight night they passed through the de- serted streets of the village, by cheerfully lighted win- dows and white paling fences which divided the high- ways from little gardens now bright with roses, lark- spur, geraniums, verbena and salvia, to a winding road dappled with silver and velvet shadows. They turned into a little path which followed a stream and finally paused to sit and rest on a fallen tree where the singing waters widened into a pond lying under the full moon overhead like an unstamped silver medal in a bed of wild flags. He took her hand and held it tightly. Her blue eyes were moist and her heart ached her with a sweet pain. She rose with him and he took her in his arms. He held her so tightly that his clasp hurt but she made no protesting cry. When their lips separated and the clamor of their hearts died down within them, they stood in silence listening to the strange noises of the night. The eerie screech of an owl, which made Nancy shiver and caused her to put her arms again about her lover's shoulders ; the dismal call of a whip-poor-will; the stridulations of hidden 204 NANCY PRESTON insects and now and again a new note of song from the brook as a pebble was dislodged in its bed. "Nancy." ''Yes, Michael." "To-day I received word from Mr. Snowden that his men had landed Hindman. It is only a question of a little while now when Mike Horgan will be par- doned and Tierney and his tribe brushed out of my way forever." "And then, Michael?" "Mr. Snowden 's detectives will clear up your case. The man who killed Littsky will be found. Every occupant of that house on the night of the murder is being investigated thoroughly. The search has nar- rowed down to one man. He will be found if money can find him." "But if they should come and take me away from you now," she said, "I think I should die." CHAPTER XLHI "OOMEjob! Some job!" ^ James Tierney scratched his bullet-shaped head with a fat finger. Before him lay a stenographic report of the arraignment, confession and sentence of one Martin Hindman for grand larceny, the same crime for which he had sent Mike Horgan to the peni- tentiary for ten years. The mid-summer heat was fierce, and no breeze stirred amid the skyscrapers of downtown New York. The blinds of his private office were drawn and an electric fan churned the air with a droning sound. The perspiration coming down from the vampish curls of Agnes were making ravines in her rouge. "Put some powder on your nose, Agnes," urged her chief. "It's a headlight and gets me dizzy." "Fooey!" Agnes took a look at herself in the mirror of her vanity case and laid on the white screen. "That was what I would call a regular piece of work," continued Tierney. ' ' They must have spent every bit of ten thousand smacks, berries or iron men to land him that way. They got him with the goods and what's more Hindman 's Jane was loaded down with 205 206 NANCY PRESTON the stuff we thought Morgan had stolen. Then they got a confession out of him, just to clinch it." "And the evening papers say the Governor has signed a pardon for Horgan," panted Agnes. "I wish to God it wasn't so hot and my vacation all over. ' ' "But who is Horgan and where is he?" Tierney was not worried about the part he had played in the miscarriage of justice. It was his business to protect his clients and, anyhow, Horgan was an old jailbird and had no right working with one of his people. "Didn't I tell you he was some rich nut and this high and mighty Mr. Snowden was hunting for him?" he asked. "But mebbe he'll break loose soon again. It's like all them manias. They have a quiet spell and then off they go." Texas Darcy's arrival ended his reflections and brought him back to where he be- longed, the realm of the concrete. "On time, Chief?" asked Texas. "Uh-huh. Are you bringin' me anything?" "Sure." The rat-faced sleuth lit a cigarette and pulled up a chair close to Tierney 's desk. "I got a girl on my staff in Snowden 's office. She's been tak- ing the names and addresses from all the outgoing let- ters. Of course Horgan ain't that guy's real name but what it is I got to find out before I can get to him." NANCY PRESTON 207 "Agnes here says the Governor has pardoned him," Tierney informed his man. "Yes; I saw that in the paper." "We ain't got nothing against him." "No, but if we get him we'll get Nancy." "Mebbe." "Another thing." Darcy's fingers played a devil's tattoo on the desk. "This detective force Snowden rounded up was one of the highest priced bunches of men any law firm ever employed. He paid 'em all big money. There wasn't a piker in the lot. And their orders is not to disband. They go right on draw- ing pay." "What does that mean?" Tierney mopped his mottled brow. "I guess it means they're getting a defense ready for Nancy in case she 's collared. ' ' "Well, they can have all the money in the world, except what I've got, and they couldn't hope to win out on that case, Texas. The cops have got enough witnesses and circumstantial evidence to clap her in the chair, if John D. Rockefeller was backing her to the last dime." "Yes, but it don't amount to nuthin', it don't amount to nuthin'," chuckled Darcy. "They ain't got Nancy." "D'yuh think you can get to this Horgan?" 208 NANCY PRESTON "Sure. All I got to do is to trail down everybody Snowden sends a letter to. If he's in touch with Horgan by mail I'm bound to uncover him and if Straw Nancy is in touch with him I'm bound to get her." "Go to it." Darcy bounced out of his chair and the room. CHAPTER XLIV WHEN the goldenrod began to crowd the Queen Anne's lace in the fields about Milford Town and in the woods the sumach splashed the fading green with crimson, Michael and Nancy were hard again at their work with the younger students. Money had righted the wrong in one instance. And there was abundance of it. It would save Nancy, too. Mr. Snowden's detectives were digging into the forgotten murder of Littsky. The one witness that could have saved her, Tierney's man, Cole, was dead. The only hope was to find the real murderer and in order to start in search of him it was necessary to get the mo- tive of the crime. From time to time Michael received reports of the progress made by his investigators. Littsky 's ugly record was dug up and from its foulness came the story of the ruin of the Noonan girl. A year and a half passed, during which time Michael finished his course in the medical school, and received his degree, before Mamie Noonan was found, a human derelict. She was taken from the gutter and made over again by kindness. "The Noonan girl tells us," wrote Mr. Snowden, 209 210 NANCY PRESTON "that after Littsky was acquitted, her brother swore that he would make him pay for her ruin. Our in- vestigators have found that at the time of the mur- der a man fitting Noonan's description was a roomer in the house. Mrs. Tifft, the landlady, a cocaine ad- dict, says that he left the place without giving notice of his intention to give up his room, as far as she can recall, about the time of the murder. Noonan lived in the lower west side of Manhattan and was a truck driver and occasionally boxed in the neighbor- hood clubs for a few extra dollars. He was not a bad sort and had never had much trouble with the police. He was very fond of his little sister and, from his mother, we learned that for weeks after the miscarriage of justice in the trial of Littsky he wept and raged against the law. It may interest you to know that a great deal of attention is being paid to the effect on the psychology of the common people by the frequent delays and evasions afforded the wealthy in the courts of the land while those without money enough to put up a fight receive summary treatment. Los Angeles has chosen a Public Defender for her courts, with remarkable results, and the Carnegie Foundation is now employing an expert investigator, a well known Boston lawyer, to determine whether it shall give money assistance to the Legal Aid Society. Mr. Taft, the ex-President, recently said in a speech before the Virginia Bar Association: 'Of all the NANCY PRESTON 211 questions that are before the American people, I re- gard no one as more important than the improvement of the administration of justice. We must make it so that the poor man will have as nearly as possible an equal opportunity in litigating as the rich man and under present conditions, ashamed as we may be of it, this is not the fact. ' But to return to Danny Noonan. His mother has not heard from him since the time of the murder. We must be patient. As you may perhaps realize, it is now only a question of a short time when this country shall have to declare war against Germany. Should our army be raised by con- scription the great net will reach Noonan, for he is of military age. The government will undoubtedly give its assistance and give us access to the registra- tion lists. It may be that Danny will return home so as to fight with the boys of his own acquaintance. My organization is functioning splendidly. Congrat- ulations on making your new degree. ' ' Michael had taken up the duties of a house phy- sician in the hospital, where Nancy served as nurse for his patients. Here, it seemed to them, they were quite safe from the never-resting hunters of men. Alone with her in his office, he read her this report and again for the hundredth time asked her to be his wife. "The day I'm cleared," was the old answer. CHAPTER XLV fTlHE President's call to arms was made in May of * the year nineteen hundred and seventeen. The United States, a good-natured, drowsy giant, with all its faults and with whatever virtues it still held over from the simpler early days of its brief history, sprang from its couch of ease. The war drums were heard in the streets of New York. With an obedience to their chosen government which astonished the world, the people accepted con- scription as easily as they were wont to accept the order of the cop on the corner to move on. The lines between high and low, rich and poor, disappeared. Every man of military age was put on the dollar a day level. They ate the same food, wore the same uniform, truck driver and lawyer, poet and motorman, milkman and millionaire. As the raw material for the training camps was gathered in the different pre- cincts, New Yorkers who were far away from home scurried back to the old familiar streets and neigh- borhoods to join "the bunch," their chums of school days, their pals, whether of the club or the street cor- ner, and among them was Danny Noonan. A man of his own age^ intelligent, game for any 212 NANCY PRESTON 213 adventure, a good mixer, who was lodging with Danny's mother, went to the registration place with Danny and together they were taken into the mili- tary service of their country. In camp, aboard ship, on the fields of France, in the air or under the earth, in the jaws of death or hack in resting billets his job was to stick to Danny and if possible find out whether he was the man who had rid the world of Luther Littsky. Later, when the Seventy-seventh division, with its specimens of forty-two different races and creeds from New York's harlequinade of humanity, went over seas and was moved up to the abyss of hell, Mr. Snowden wrote this report to Dr. Michael Stafford, alias Mike Horgan, house physician in the hospital at Milford Town. "Tom Danforth, an exceptionally clever young man in our employ, informs me that he and Noonan are fast and firm buddies, are in fact in the same squad. They sleep and fight together. Like many another lad of his kind, Noonan looks with profound veneration on the chaplain of their outfit. They have had al- ready a taste of fighting and Danforth reports that Noonan seems anxious to join the other boys of his faith in preparing for death. But as yet he has not asked the chaplain to hear his confession. Such a confession of course would be of no avail to us. The courts protect the sanctity and secrecy between priest 214 NANCY PRESTON and penitent. But should the chaplain know that the life of an innocent person is at stake it would then be his duty to have his penitent openly confess. The only danger is that Noonan may be killed in action before we can get the truth from him. If he did kill Littsky and dies without making that fact known we shall then have to plead justification in case of an ar- rest and trial. But I beg you not to become impatient or uneasy. Tom Danf orth is a youngster of splendid resources, is absolutely reliable and if any one can bring success to our efforts I think that he can. If you are considering offering your services to the army I would advise against it. Remember that in the event of an arrest you would be the chief witness for the defense. You must remain where you are as a matter of duty as well as a matter of love. The life or at least the liberty of an innocent woman is at stake. Besides, I am sure that you will be greatly needed at home, for some physicians must be kept on this side of the water." This report was received in the summer of nine- teen hundred and eighteen. The little university town was deserted. Books were gathering dust, laboratories closed and the boys of the coming class of nineteen hundred and nineteen were going through the setting-up exercises on the campus under the di- rection of brisk little lieutenants from the officers' reserve corps. NANCY PRESTON 215 Michael and Nancy cared for the sick and the in- jured, quietly doing their humble bit, the shadow al- ways near them. A single German bullet might de- stroy their chance of happiness, wipe out their hope of justice. At any moment a hand might drop upon Nancy's shoulder and the happy life of giving help and comfort to the sick changed to life in a cell, sepa- ration from the man she loved, a trial for murder and perhaps a conviction. "If we could both get across," she suggested one evening as they walked beside their singing brook, "we might die together. That would be a happy end to it all, Michael." "But if we didn't die," he replied to this, "we would have to go on living under this cloud. If we remained in Europe after the war and there were children, think of our fear then." "I wonder if they are still hunting for me." The old fear came upon her. There was the phantom of a detective behind every tree and bush. He took her in his arms and kissed away the tears that wet her cheeks. A bugle sounded the call to quarters from the dis- tant campus. As they stood, heart to heart, the limpid lingering notes hanging in the still night air, New York's Own, the Seventy-seventh Division, began hacking its way through the Argonne Forest, which had withstood the valor of the French for so long. 216 NANCY PKESTON With well-weighted trench knives, with bayonet, grenade and pistol, East Side and West Side boys went to the task, crap shooters, dips, dope fiends, truck drivers, burglars, saints, sinners, college lads, bank clerks, Danny Noonan and Tom Danforth. CHAPTER XLVI "rTlALK about the Paris apaches handing the - Heinies something at the Battle of the Marne ! ' ' shouted Agnes to the morning gathering of Jim Tier- ney's men. "You can tell the world that there are doings in the Argonne." She waved her newspaper over her head. "It's the last round of the scrap." In the general chuckle from the men, one narrow- faced ferret failed to join. His little cigarette-stained mustache did not spread with a responding grin. His eyes twinkled nervously. "What's the matter with you, Darcy?" she de- manded. "I want to get to the boss in a hurry," he replied. "I'll take a look-see." She hurried into the sanc- tum and in a few moments returned to the assembly room and signed to Darcy that he could go in. "Tell me something," was Tierney's greeting. "I got it to tell," was his quick answer. "I was fooled a long time but I've landed Horgan. He's Dr. Michael Stafford, and he's in charge of a hospital at Milford Town." "Is Nancy with him?" 217 218 NANCY PRESTON "I'm pretty sure she is." "You been up there?" "Just long enough to be sure that this doctor was Horgan. I got the tip from a letter sent him from Snowden's office. I was afraid he'd uncover me and pass word to Nancy before we had a warrant. That's what brought me back." Tierney picked up his telephone receiver and got police headquarters and the detective bureau. "Jim Tierney talking. Something doing in the Littsky case. You got a warrant for Nancy Preston. All right. Get it out and have a man ready to hop a train when I telephone you next. That 's all. ' ' He hung up and turned to Darcy again. "I think I'll run up there and look this thing over myself," he said. "I got a nasty belly-ache again, but it sure pays me to stand in with the old gang in Centre street. If I land the case for them, they'll land something for me. They'll have a man ready with the warrant to jump a train the minute I telephone 'em. There ain't anything more for you to do. Tell Agnes to get out my bag." Agnes did not like the idea of his making a trip out of town while his old trouble was back on him. "It's foolish, Chief," she warned him. "Darcy can do it for you. Suppose you're taken violent on the train or something? Think of all that bank full of money we made out of this old war and you not hav- NANCY PRESTON 219 ing a chance to spend any of it yet. What's the use of running the risk of kicking off now ? ' ' "That will be about enough from you," he grunted, although the smile under his bristly mustache showed his appreciation of her concern. "Come over here." She went to him and he took her hand. "I couldn't get along without you, Agnes," he said, hesitatingly. "We've been pulling together a long time and there ain't such a big difference in our ages, is there?" She laughed and pressed against his knee. Was the big question coming, the question she had played so long and earnestly for? Was she going to step from her secretary's desk into a palace on Fifth avenue and begin to order the trimmings for her own sedan? "Jim, you're kidding me," she replied, as his arm slipped up to her waist. "No, I ain't." "Yes, you are." "Who'll I leave all this war money to?" he asked. "Idunno." "Well, I ain't going to leave it to the Society for the Prevention of Cruelty to Second-term Convicts." She laughed as he timidly drew her down to his knees. He was no ladies' man, but his money was beginning to make him lonesome. She was his own kind and he was of her kind. "Say, Agnes," he stammered, his face fiery red and his fat hands shaking, "will you?" 220 NANCY PRESTON "Will I what, Jim?" "Go to the church with me!" She snuggled her painted face down on his shoul- der and cried for sheer happiness as the huge fish was landed safely. "That's settled!" He got to his feet, smacked her heartily and picked up his bag. "I'll be back to- morrow or the next day," he informed her. "Hop out and buy a million dollars' worth of clothes and diamonds and then we '11 run over to the city hall and get the license as soon as I get back." CHAPTER XLVII SOME of the pain would leave him when he thought of Agnes and a home life, but the jolting of the cars at each stop on his way to Milford Town hurt Tierney clear through to the spine. It was all right when they were running over a smooth stretch of track but he got to dreading the sound of the loco- motive whistle when it heralded a station ahead. He reached his destination an hour before mid- night and took a taxi to the inn. The night was hot and doors and windows were open. He paid the taxi man at the entrance of the screened porch as a bell boy took his bag. As he was about to enter the door of the hostelry the screen door behind him swung open and shut and he heard the rustle of stiff skirts. He drew to one side as a woman in the uniform of a nurse passed him. He was in the dark. As the light within struck her face he recognized her instantly. The little white cap gave him a full view of her every feature, showed her soft brown hair and her large sweet blue eyes. He reached the nearest chair on the porch and remained outside, telling the bell boy who returned to find out what had become of him that he was tired and not well and would rest there awhile. 221 222 NANCY PRESTON Despite the pain he was suffering he showed his old eagerness and skill in shadowing. Without a chance of being observed, his rubber-heeled shoes quieting his tread, he watched his quarry as she stood and chatted for a moment with the clerk. He heard him tell her that Dr. Stafford had retired and heard her give the time for her morning call. Then she went to the elevator and was taken to her rooms. Tierney registered, asked for room and bath and inquired if there was a telephone in the room as- signed him. Told that there was, he followed the bell boy with his bag. The chase was ended or would be in the morning. The elevator stopped with a jerk at the top floor and the detective fell against the side of the cage with a groan. "My God!" he ex- claimed, "I'm a sick man. You almost killed me." A glance at his face assured both the bell boy and the operator that the guest was ill. Tierney felt as if he could not get another foot but by leaning on the bell boy he made the room. ' ' You better get a doctor, ' ' he said as he fell on his bed. "Dr. Stafford lives in the hotel," the boy informed him, "but he has retired." "Don't get him. Not him. I don't want to wake him up, ' ' he gasped. ' ' Get another doctor and leave that light on. I'm a sick man. Get him quick." He realized that, stricken as he was, one glimpse from NANCY PRESTON 239 November and a jury panel was ready. The court room was crowded. Mike Horgan had been nobody and Nancy Preston worse than nobody when they last faced a jury here. But now Dr. Michael Stafford, with his strong past, much guessed-at by the news- papers, heir to the Stafford estate, devoted lover and friend of a woman with a past, commanded wide at- tention. Nancy ran the gauntlet of photographers as many another woman, innocent and guilty, has done in the fascinating annals of New York's criminal courts. She wore her nurse's garb at the suggestion of her counsel, Michael sitting beside her within the railing. "The defense is ready, Your Honor," announced Mr. Snowden, "except for one witness who is on the sea. His ship is due here by the end of the week. We may have to ask a delay of a day so that his testi- mony may be included. I am sure that this will be granted in the interest of justice. In the meanwhile we are ready to go ahead with the trial up to that point." Twelve men were chosen from the panel with little difficulty and were sworn to try the case truly and according to the evidence. That required a day, the opening arguments the better part of the following day and the actual fight was on. The corpus delicti was established and the police, through the district attorney, presented as exhibits drawings of the room where the murder was com- 240 NANGT PRESTON mitted, made to scale, photographs taken immediately after the crime was reported, a strand of hair and finger prints taken from articles in the room. The linen collar worn by the dead man was also placed in evidence. It showed one finger print . . . Nancy's. Detective headquarters had arranged its evidence in a most commendable manner. There was not a hitch in its presentation. The photographs showed the disturbed condition of the room, the broken chair lying not many feet from the prostrate body of Littsky, even Mrs. Tifft in her drug-sleep asprawl on the bed, the pieces of torn night-wear on the floor and the remnants of the garment itself were produced as they were found in the adjoining room. An expert testified that the strand of hair was Nancy's. Ber- tillon experts demonstrated with enlarged photo- graphic reproductions that the finger prints were hers. The torn nightgown was pieced together. The testi- mony of these witnesses was damning to the chances of the accused. Mrs. Tifft, carefully coached and sufficiently doped to keep her wits active, was sworn. She told of Littsky paying for the lodging of Nancy and her child, his purchase of the supper on the night of the murder and of his visit to Nancy's room while she was undressed. She saw them fighting and took the boy away. After that she was taken ill and must have swallowed an overdose of pain-killing tablets for NANCY PRESTON 241 she could remember nothing else until she came out of the coma and found herself in Nancy's room. She had only a vague remembrance of having gone there and of having seen Nancy take her boy from her. "Was she fighting as if to protect herself from Littsky?" asked Mr. Snowden, on cross-examination. ' ' They were fighting all over the room, ' ' she replied. "Was she pleading with him?" "I didn't hear any pleading. They were just fighting." "Did Littsky cry out to you to take the boy from the room ? ' ' "I think he did tell me to take him out." "Had you known him for any length of time?" "A number of years." "Were you beholden to him in any way?" "No." ' ' Did he own the building you rented for a lodging house ? ' ' "Yes." "Did you ever know a girl named Mamie Noonan?" "Yes." "Did she ever have a fight with Littsky in your house?" "Yes; they had a fight one night." "What about?" "I don't know." "You were a witness for Littsky, were you not?" 242 NANCY PRESTON "Yes." "What was he charged with?" "I've forgotten." The dope was wearing out and she was becoming frightened. "The charge was that Littsky attacked the Noonan girl," offered the district attorney. "He was tried and acquitted." "That will do." Mr. Snowden ended his cross- examination. The waiter from the rotisserie was sworn and testi- fied that Littsky had given the order for the supper and had told him to take it to Mrs. Tifft 's house. He knew the prisoner, having seen her about the neigh- borhood and having noticed her because of her pretty hair and eyes. "And she always had a little boy with her," he added. "They would stop in front of the restaurant windows sometimes." "Did they ever enter the restaurant?" asked Mr. Snowden when he took the witness. "No. They just stood outside and looked at the spits before the coals, watching the roasting fowls and beef." "Did they seem hungry?" "Objection," snapped the district attorney. "Sustained," decided the judge. ' ' The boy cried one night, ' ' went on the witness. "Objection." "Overruled. He may tell what he saw." NANCY PRESTON 243 "Go on," said Mr. Snowden softly. "You say he cried?" "Yes, sir. Then I saw the prisoner put her hand to her throat as if something hurt her there. I got two pieces of bread and laid a slice of roast beef be- tween them and was going to go out and give it to them but they were lost in the Broadway crowd before I could manage it." "That will do." "Just a moment." The district attorney held him for a moment of re-direct examination. "Many people pause in front of the restaurant win- dows, do they not?" "Oh, yes, sir." "That will do." "A moment, please." Mr. Snowden was on his feet again and his voice was gentle, his florid fea- tures grave. "Do you see many of them cry as they look at the cooking food in your window?" he asked. "I only seen one other one." "Tell us about that case." "I knew the girl. She used to be very pretty and hung around the stage entrances. She got in trouble and then she got shabby and hungry, I guess." "I object, Your Honor!" shouted the district at- torney. ' ' On what grounds ? ' ' asked the court. "The question is irrelevant. Did Littsky starve 244 NANCY PRESTON this girl? Is she or Nancy Preston being tried for this murder?" "What has counsel for the defense to say?" asked the court. "The relevancy of the question may be decided by a single other question and that is, What is the name of the girl who cried?" replied Mr. Snowden. "She was Mamie Noonan," blurted the witness. Time for adjournment had come. Mr. Snowden was all smiles. "The few words of that man's testi- mony lay the finest foundation for your story," he told Nancy as Michael helped her with her cloak and prepared to ride back to the Tombs with her. CHAPTER LII HE district attorney saw the trend of the defense. Nancy was to be made another Mamie Noonan. He would check this by holding back his star witness, James Tierney, to offset any character witnesses that might be sworn for the defendant. Snowden was an astute man, a quick thinker, suave in his approach, missing no opportunity. Tierney in rebuttal would trap him. Counsel for the defense could lay out its story of innocence despoiled, of a woman starved only to be attacked for the satisfaction of a man's desire, of her child crying before a well-filled restaurant win- dow and then he would put on a witness to tell of her street-walker's career, her life with Bill. He smiled with pleasure at the thought of checkmating this ex- cellent lawyer. It was a battle of wits, polite enough, polite as a French duel with rapiers. Another day passed in making complete the evi- dence for the prosecution and still another during which Nancy told her story from beginning to end, simply, with no stress upon any one phase of its source. But Mr. Snowden brought out the seven beautiful years of game fighting, clean fighting, of a woman who had found herself and out of the world 245 246 NANCY PRESTON had found one friend, Michael. Her testimony of how Cole had saved her could not be corroborated, for Cole was dead. It was the one terribly weak spot in her story. It seemed like a lie. The cross-examination was little short of cruel but she had stood it once before and she stood it again, her eyes unclouded by tears, her brave heart beating strongly within her as the sunlight again laved her in the witness chair and the eyes of the curious spec- tators were riveted on her face. When she left the stand Mr. Snowden informed the court that the hospital transport Phoenix with his witness from overseas had been reported at Sandy Hook and that she would dock during the night. "Until I can have a talk with him," he said, "I would like to hold up the presentation of the case for the defense. There are still two hours before time for adjournment and if the district attorney would like to put on one of his witnesses I shall have no ob- jections." The district attorney bowed low and with a broad smile. It was an excellent opportunity to show the eminent lawyer and the newspaper men what he could do for the People in this trial. Nothing could be more telling for the prosecution than to have Tierney follow Nancy. He was sworn to tell the truth, the whole truth and nothing but the truth and for the first time in his long career as a manhunter he had NANCY PRESTON 247 the opportunity to tell it and tell it in that way. He would leave out nothing, never mind how much hurt was done the case for the People. Agnes, as brightly dressed as a full window of a department store, watched him from a front seat. ''As a detective on the New York police force eight years ago you met the defendant, I believe," began the district attorney. "Yes." "Where?" "Sixf avener." "At night?" "Yes." "What was she doing at that time?" ' ' It was a cold night and sleeting, ' ' replied Tierney. "I seen her breeze around from Forty-second street and stop to talk to a man, a little bit of a dried up feller, with hands and feet like a child. He looked sick, like he'd just come out of the hospital." ' ' She accosted him ? ' ' "Yes, sir. She was wearing a pair of wool mittens and he didn't have any gloves or overcoat on. I saw her talk with him and then take off the mittens and make him put 'em on. Then she laughed and went away." The district attorney's face flushed. Nancy smiled. She remembered the poor devil of the night, a com- panion in misery. 248 NANCY PRESTON "You didn't tell me about that when I talked with you in my office," said the district attorney. "No." "Why didn't you?" "Because I thought you were only interested in what could be used for the prosecution and I wanted to save you time." "I move that that answer be stricken from the records. ' ' "Why?" asked the court. "Because it is incompetent and immaterial," re- plied the district attorney. "What have you to say to that, Mr. Snowden?" the court asked. "It can be neither incompetent nor immaterial, Your Honor," he replied. "The district attorney is an officer of the court and is supposed to have the interest of the defendant as much at heart as the in- terest of the People. But our practice has become such that a trial in search of justice is no longer a fair and impartial presentation and study of the evi- dence. It is one side against the other and the de- fendant is generally ground between the upper and nether mill stones. The rebuttal evidence of this wit- ness is aimed to show the true character of the de- fendant. The answer as given shows an act upon which we can very well attribute humaneness, a neces- sary concomitant of high character." NANCY PRESTON 249 "The answer remains in the record. Proceed, Mr. District Attorney." Tierney, covering his face with a big hand, had managed to wink to Agnes during this colloquy. In many a trial his ability to get before the jury mate- rial that the rules of evidence would have disbarred, had they been invoked in time, had helped secure a conviction. He was now using his old tricks from the other angle. ' ' The defendant has testified that for a time she was a woman of the streets," again began the district at- torney, his anger ill-concealed. "Will you tell what you know about that part of her career ? ' ' "All I know is that I seen her on the street a num- ber of times, just like I seen lots of other people. ' ' "Sold out!" gasped the prosecuting officer under his breath. The witnesses from headquarters grinned. They had seen this happen many a time. How much did he get from the Stafford millions? It must have been some wad. The district attorney decided that his only chance was to give Tierney plenty of rope so that he might hang himself. "Just go ahead and tell all that you want about this defendant's life and character," he said with a harsh little laugh. "Well, I tell ya," began Tierney, his face sobering and his eyes turned straight to the jurors. "I was after her a long time and it took a lot of hard work 250 NANCY PRESTON for me to find her. The night I got her uncovered I was laid low with violent appendicitis, just across the way from the hospital where she and Dr. Stafford worked. I was carried over there and all my clothes taken off. I was laid out on the table and before I knew it they were leaning over me and knew that I had come to get the defendant. He had the knife in his hand and she had the ether ready. They could have put me away and nobody ever would have known I was murdered. As far as she understood, I was the only one who knew her. It was a chance she had to save herself from the chair. She didn't take it. She and him operated on me and saved my life and made me well again." It was a long speech for Tierney, perhaps the longest he had made in his life and it left his throat dry. He gulped uneasily and became nervous. Agnes, resplendent, her devotion shining in her eyes, was leaning over the railing toward him. He stared at her fondly and a great wave of gratitude filled him as he recalled Nancy's voice saying, "He is saved!" And he thought it was the voice of Mary announcing the forgiveness of his Maker when it was only Nancy's voice. Perhaps, at that, he had been saved spiritually as well as mortally. The light from the window at his left seemed to make his eyes smart. The court room was in dead silence. Two great tears formed on the reddish eyelashes of the witness, bal- NANCY PRESTON 251 anced for a moment and coursed down his saggy cheeks. "Do you wish to cross-examine?" the court asked Mr. Snowden. "No, sir." "There is still some time which I would not like to see wasted," the court suggested. "If the district attorney has a witness ready ..." But the district attorney had none ready. He was sorely rattled by the treachery of Tierney and wanted time in which to straighten out his muddled cards. "I would like to put Dr. Stafford on the stand and ask him just one question," Mr. Snowden volun- teered. "If the district attorney agrees." "If he will let me know the question first." Mr. Snowden crossed and whispered it to him. "I'll agree," he said after a moment's thought Dr. Stafford was sworn. "Will you tell the jury how it was that you came to meet the defendant?" "When I graduated from college with a degree in law I received an appointment as deputy assistant dis- trict attorney in a New England city. My only near kinsman was an uncle now dead. He was very wealthy and was quite anxious for me to make my mark in a profession he greatly admired. I soon had 252 NANCY PRESTON an opportunity to show what was in me. I was given the prosecution of a case of a poor peddler charged with murder. I easily convicted him on circumstan- tial evidence and he was in prison under sentence of death when I discovered that the simple story he had told me in his own defense was the absolute truth. Had he been equipped with funds he could have easily proved his innocence, for it was only a matter of time and careful search for the one witness who could have established his case for him. I was horrified and made reparation as quickly as I could. This got me interested in the legal aid societies which were strug- gling without sufficient funds to help the penniless in the courts of justice. With my uncle's permission I abandoned the practice of law and came to New York where I went into the underworld to make my studies. It was thus I met the defendant and her courage in adversity delighted me and held me as her friend until now. ' ' The district attorney asked to be allowed to post- pone his cross-examination and the trial was adjourned until the next morning. CHAPTER Lin r I THREE men in uniform appeared in court when * the case was resumed the next morning. Tom. Danforth, his top sergeant, and the lieutenant of his platoon. Danny Noonan's buddy, a clean-cut young- ster, had proved every bit as efficient as Mr. Snowden had thought him. He took the witness stand, holding a long sealed envelope in his hand. "Before my buddy, Danny Noonan, went with the rest of the boys for the first charge into the Ar- gonne, ' ' he testified, ' ' he wrote the letter that is in this envelope and gave it to me. I was to stay behind that night as a runner from regimental headquarters to the line. He made me promise not to open it unless he was killed. "While he was writing it I got my sergeant and my lieutenant to stand near him and see him fill up the sheets, fold them and put them in the envelope. When he sealed it I made them write their names across the flap, although Danny didn't know I did this. Then I gave the letter to the lieu- tenant to put away for me. The boys went across and Danny was brought in mortally hurt the next day. He died in the hospital afterward and when I went back into the line I was captured. As soon as 253 254 NANCY PRESTON I could get back to my regiment, I found my captain and told him about what work I had been doing for Mr. Snowden. We were sending a bunch of the slightly wounded back and he detailed my lieutenant, the top sergeant and myself to go along with them. That 'show I'm here." "May I ask what Danny Noonan had to do with this case ? ' ' requested the district attorney. "Perhaps the letter will show," suggested Mr. Snowden. "But there is no ground for you putting it in evi- dence," came the technical protest. "I know that, Your Honor," said Mr. Snowden. "It is only by a hair that my client is being saved from the electric chair or prison. The life or liberty of an innocent woman must be the price paid in this instance for strict adherence to the rules of evidence, rules which multiply with every decision of every court in the land, with the separate State legislatures grinding out thousands of new laws yearly upon which further rules are based. The only way in which I can connect my dead witness Noonan with this case is to have another witness testify whether he knows of any threats Noonan may have made against the life of Littsky." "That will be sufficient. But do you know the gist of what is in this communication from beyond the grave?" asked the court. NANCY PRESTON 255 "I do not, sir." "Well, proceed to get in the record evidence that will warrant the acceptance of this letter." Mr. Snowden produced Danny Noonan's mother, withdrawing Danforth for the time. She told of the ruin of her daughter Mamie and of her son swearing that Littsky would pay for it. Before the district attorney could stop her she added: "And if my brave boy killed him. I know God will thank him for it." The judge, summoning the district attorney and Mr. Snowden to his desk, read the letter while the jurors, Nancy, Michael, Tierney, Agnes, and the spec- tators watched their silently moving lips. As Mr. Snowden turned to resume his seat he spread out his hands to his client, his face wreathed in smiles. "The letter is admitted in evidence," decided the judge. "The clerk will please read it." The clerk, wiping his glasses and clearing his throat, read: "SEVENTY-SEVENTH DIVISION, A. E. F., THE AEGONNE. "To the District Attorney, "New York City. ' ' If anybody gets in trouble for the murder of Luther Littsky this is to let you know that I killed him, me Danny Noonan. I hit him on the head with a black-jack but he didn't die from that, so I choked him until he was dead and I 256 NANCY PRESTON ain't sorry although if you get this letter you'll know the Heinies got me. ' ' I was laying for him a long time and trailed him to the Tifft house where I rented a room. The morning I killed him he was trying the same thing with some other woman he did for my little sister. Then a man interfered and took the woman out. He locked Littsky in and threw the key in a corner of the hall. Then it was my turn and I done the job I wanted to do. He had so much money and diamonds I took them but after awhile it all looked so dirty I couldn't spend it. I tucked it under the old water boiler and other rubbish that lay in a corner of the basement where my mother lives. It ought to be there now. I never did steal anything although I've been arrested for fighting. I am glad I didn't use that money. A lot of lawyers could take his kale and save him by sending Mamie to the gutter but none for me. "Yours trulie, "DANNY NOONAN, A. E. F." "I think the final verification of the genuineness of this document will be simple enough," the judge said with a smile toward Nancy and Michael. ' ' While the witnesses to the sealing of the envelopes are testi- fying I shall send to the Noonan house and have the basement searched for the money and diamonds. I think that counsel for the defense should be repre- sented there." "Mr. Danforth will go for us," said Mr. Snowden. The short distance to the lower West Side was NANCY PRESTON 257 quickly covered and Danforth and a detective from the district attorney's office were soon back in court with Littsky's money and diamonds. "Argument is hardly necessary, gentlemen," sug- gested the court. "If you are agreeable I shall ask the jury to retire and bring in an immediate verdict. ' ' The jurors whispered to each other and the fore- man asked for pen and ink and paper. "We, the jury in the case of the People against Nancy Preston/' read the foreman, "charged with the murder of Luther Littsky, find the said Nancy Preston not guilty as charged in the indictment." Nancy, who had been bidden to rise and look upon the jury, sank into her chair and leaned her head against Michael's shoulder. "There's no need of crying now, dear heart," whis- pered Michael as he drew her close to him. "The last of the clouds have been swept aw.ay." THE END V s A 000 046 294 5