# The Benson Murder Case/Chapter 2

(Friday, June 14; 9 a.m.)
John F.-X. Markham, as you remember, had been elected District Attorney of New York County on the Independent Reform Ticket during one of the city's periodical reactions against Tammany Hall. He served his four years, and would probably have been elected to a second term had not the ticket been hopelessly split by the political juggling of his opponents. He was an indefatigable worker, and projected the District Attorney's office into all manner of criminal and civil investigations. Being utterly incorruptible, he not only aroused the fervid admiration of his constituents, but produced an almost unprecedented sense of security in those who had opposed him on partisan lines.
He had been in office only a few months when one of the newspapers referred to him as the Watch Dog; and the sobriquet clung to him until the end of his administration. Indeed, his record as a successful prosecutor during the four years of his incumbency was such a remarkable one that even to-day it is not infrequently referred to in legal and political discussions.
Markham was a tall, strongly-built man in the ​middle forties, with a clean-shaven, somewhat youthful face which belied his uniformly grey hair. He was not handsome according to conventional standards, but he had an unmistakable air of distinction, and was possessed of an amount of social culture rarely found in our latter-day political office-holders. Withal he was a man of brusque and vindictive temperament; but his brusqueness was an incrustation on a solid foundation of good-breeding, not—as is usually the case—the roughness of substructure showing through an inadequately superimposed crust of gentility.
When his nature was relieved of the stress of duty and care, he was the most gracious of men. But early in my acquaintance with him I had seen his attitude of cordiality suddenly displaced by one of grim authority. It was as if a new personality—hard, indomitable, symbolic of eternal justice—had in that moment been born in Markham's body. I was to witness this transformation many times before our association ended. In fact, this very morning, as he sat opposite to me in Vance's living-room, there was more than a hint of it in the aggressive sternness of his expression; and I knew that he was deeply troubled over Alvin Benson's murder.
He swallowed his coffee rapidly, and was setting down the cup, when Vance, who had been watching him with quizzical amusement, remarked:
"I say; why this sad preoccupation over the passing of one Benson? You weren't, by any chance, the murderer, what?"
Markham ignored Vance's levity.
"I'm on my way to Benson's. Do you care to come ​along? You asked for the experience, and I dropped in to keep my promise."
I then recalled that several weeks before at the Stuyvesant Club, when the subject of the prevalent homicides in New York was being discussed, Vance had expressed a desire to accompany the District Attorney on one of his investigations; and that Markham had promised to take him on his next important case. Vance's interest in the psychology of human behavior had prompted the desire, and his friendship with Markham, which had been of long standing, had made the request possible.
"You remember everything, don't you?" Vance replied lazily. "An admirable gift, even if an uncomfortable one." He glanced at the clock on the mantel: it lacked a few minutes of nine. "But what an indecent hour! Suppose someone should see me."
Markham moved forward impatiently in his chair.
"Well, if you think the gratification of your curiosity would compensate you for the disgrace of being seen in public at nine o'clock in the morning, you'll have to hurry. I certainly won't take you in dressing-gown and bed-room slippers. And I most certainly won't wait over five minutes for you to get dressed."
"Why the haste, old dear?" Vance asked, yawning. "The chap's dead, don't y' know; he can't possibly run away."
"Come, get a move on, you orchid," the other urged. "This affair is no joke. It's damned serious; and from the looks of it, it's going to cause an ungodly scandal.—What are you going to do?"
"Do? I shall humbly follow the great avenger of ​the common people," returned Vance, rising and making an obsequious bow.
He rang for Currie, and ordered his clothes brought to him.
"I'm attending a levee which Mr. Markham is holding over a corpse, and I want something rather spiffy. Is it warm enough for a silk suit? . . . And a lavender tie, by all means."
"I trust you won't also wear your green carnation," grumbled Markham.
"Tut! Tut!" Vance chided him. "You've been reading Mr. Hichens. Such heresy in a district attorney! Anyway, you know full well I never wear boutonnières. The decoration has fallen into disrepute. The only remaining devotees of the practice are roués and saxophone players. . . . But tell me about the departed Benson."
Vance was now dressing, with Currie's assistance, at a rate of speed I had rarely seen him display in such matters. Beneath his bantering pose I recognized the true eagerness of the man for a new experience and one that promised such dramatic possibilities for his alert and observing mind.
"You knew Alvin Benson casually, I believe," the District Attorney said. "Well, early this morning his housekeeper 'phoned the local precinct station that she had found him shot through the head, fully dressed and sitting in his favorite chair in his living-room. The message, of course, was put through at once to the Telegraph Bureau at Headquarters, and my assistant on duty notified me immediately. I was tempted to let the case follow the regular police routine. But half an hour later Major Benson, ​Alvin's brother, 'phoned me and asked me, as a special favor, to take charge. I've known the Major for twenty years, and I couldn't very well refuse. So I took a hurried breakfast and started for Benson's house. He lived in West Forty-eighth Street; and as I passed your corner I remembered your request, and dropped by to see if you cared to go along."
"Most consid'rate," murmured Vance, adjusting his four-in-hand before a small polychrome mirror by the door. Then he turned to me. "Come, Van. We'll all gaze upon the defunct Benson. I'm sure some of Markham's sleuths will unearth the fact that I detested the bounder and accuse me of the crime; and I'll feel safer, don't y' know, with legal talent at hand. . . . No objections—eh, what, Markham?"
"Certainly not," the other agreed readily, although I felt that he would rather not have had me along. But I was too deeply interested in the affair to offer any ceremonious objections, and I followed Vance and Markham downstairs.
As we settled back in the waiting taxicab and started up Madison Avenue, I marvelled a little, as I had often done before, at the strange friendship of these two dissimilar men beside me—Markham forthright, conventional, a trifle austere, and over-serious in his dealings with life; and Vance casual, mercurial, debonair, and whimsically cynical in the face of the grimmest realities. And yet this temperamental diversity seemed, in some wise, the very cornerstone of their friendship: it was as if each saw in the other some unattainable field of experience and sensation that had been denied himself. Mark​ham represented to Vance the solid and immutable realism of life, whereas Vance symbolized for Markham the care-free, exotic, gypsy spirit of intellectual adventure. Their intimacy, in fact, was even greater than showed on the surface; and despite Markham's exaggerated deprecations of the other's attitudes and opinions, I believe he respected Vance's intelligence more profoundly than that of any other man he knew.
As we rode up town that morning Markham appeared preoccupied and gloomy. No word had been spoken since we left the apartment; but as we turned west into Forty-eighth Street Vance asked:
"What is the social etiquette of these early-morning murder functions, aside from removing one's hat in the presence of the body?"
"You keep your hat on," growled Markham.
"My word! Like a synagogue, what? Most int'restin'! Perhaps one takes off one's shoes so as not to confuse the footprints."
"No," Markham told him. "The guests remain fully clothed—in which the function differs from the ordinary evening affairs of your smart set."
"My dear Markham!"—Vance's tone was one of melancholy reproof—"The horrified moralist in your nature is at work again. That remark of yours was pos'tively Epworth Leaguish."
Markham was too abstracted to follow up Vance's badinage.
"There are one or two things," he said soberly, "that I think I'd better warn you about. From the looks of it, this case is going to cause considerable noise, and there'll be a lot of jealousy and battling ​for honors. I won't be fallen upon and caressed affectionately by the police for coming in at this stage of the game; so be careful not to rub their bristles the wrong way. My assistant, who's there now, tells me he thinks the Inspector has put Heath in charge. Heath's a sergeant in the Homicide Bureau, and is undoubtedly convinced at the present moment that I'm taking hold in order to get the publicity."
"Aren't you his technical superior?" asked Vance.
"Of course; and that makes the situation just so much more delicate. . . . I wish to God the Major hadn't called me up."
"Eheu!" sighed Vance. "The world is full of Heaths. Beastly nuisances."
"Don't misunderstand me," Markham hastened to assure him. "Heath is a good man—in fact, as good a man as we've got. The mere fact that he was assigned to the case shows how seriously the affair is regarded at Headquarters. There'll be no unpleasantness about my taking charge, you understand; but I want the atmosphere to be as halcyon as possible. Heath'll resent my bringing along you two chaps as spectators, anyway; so I beg of you, Vance, emulate the modest violet."
"I prefer the blushing rose, if you don't mind," Vance protested. "However, I'll instantly give the hypersensitive Heath one of my choicest Régie cigarettes with the rose-petal tips."
"If you do," smiled Markham, "he'll probably arrest you as a suspicious character."
We had drawn up abruptly in front of an old brownstone residence on the upper side of Forty-​eighth Street, near Sixth Avenue. It was a house of the better class, built on a twenty-five-foot lot in a day when permanency and beauty were still matters of consideration among the city's architects. The design was conventional, to accord with the other houses in the block, but a touch of luxury and individuality was to be seen in its decorative copings and in the stone carvings about the entrance and above the windows.
There was a shallow paved areaway between the street line and the front elevation of the house; but this was enclosed in a high iron railing, and the only entrance was by way of the front door, which was about six feet above the street level at the top of a flight of ten broad stone stairs. Between the entrance and the right-hand wall were two spacious windows covered with heavy iron grilles.
A considerable crowd of morbid onlookers had gathered in front of the house; and on the steps lounged several alert-looking young men whom I took to be newspaper reporters. The door of our taxicab was opened by a uniformed patrolman who saluted Markham with exaggerated respect and ostentatiously cleared a passage for us through the gaping throng of idlers. Another uniformed patrolman stood in the little vestibule, and on recognizing Markham, held the outer door open for us and saluted with great dignity.
"Ave, Cæsar, te salutamus," whispered Vance, grinning.
"Be quiet," Markham grumbled. "I've got troubles enough without your garbled quotations."
As we passed through the massive carved-oak front ​door into the main hallway, we were met by Assistant District Attorney Dinwiddie, a serious, swarthy young man with a prematurely lined face, whose appearance gave one the impression that most of the woes of humanity were resting upon his shoulders.
"Good morning, Chief," he greeted Markham, with eager relief. "I'm damned glad you've got here. This case'll rip things wide open. Cut-and-dried murder, and not a lead."
Markham nodded gloomily, and looked past him into the living-room.
"Who's here?" he asked.
"The whole works, from the Chief Inspector down," Dinwiddie told him, with a hopeless shrug, as if the fact boded ill for all concerned.
At that moment a tall, massive, middle-aged man with a pink complexion and a closely-cropped white moustache, appeared in the doorway of the living-room. On seeing Markham he came forward stiffly with outstretched hand. I recognized him at once as Chief Inspector O'Brien, who was in command of the entire Police Department. Dignified greetings were exchanged between him and Markham, and then Vance and I were introduced to him. Inspector O'Brien gave us each a curt, silent nod, and turned back to the living-room, with Markham, Dinwiddie, Vance and myself following.
The room, which was entered by a wide double door about ten feet down the hall, was a spacious one, almost square, and with high ceilings. Two windows gave on the street; and on the extreme right of the north wall, opposite to the front of the house, was another window opening on a paved court. To ​the left of this window were the sliding doors leading into the dining-room at the rear.
The room presented an appearance of garish opulence. About the walls hung several elaborately framed paintings of race-horses and a number of mounted hunting trophies. A highly-colored oriental rug covered nearly the entire floor. In the middle of the east wall, facing the door, was an ornate fireplace and carved marble mantel. Placed diagonally in the corner on the right stood a walnut upright piano with copper trimmings. Then there was a mahogany bookcase with glass doors and figured curtains, a sprawling tapestried davenport, a squat Venetian tabouret with inlaid mother of pearl, a teak-wood stand containing a large brass samovar, and a buhl-topped center table nearly six feet long. At the side of the table nearest the hallway, with its back to the front windows, stood a large wicker lounge chair with a high, fan-shaped back.
In this chair reposed the body of Alvin Benson.
Though I had served two years at the front in the World War and had seen death in many terrible guises, I could not repress a strong sense of revulsion at the sight of this murdered man. In France death had seemed an inevitable part of my daily routine, but here all the organisms of environment were opposed to the idea of fatal violence. The bright June sunshine was pouring into the room, and through the open windows came the continuous din of the city's noises, which, for all their cacophony, are associated with peace and security and the orderly social processes of life.
Benson's body was reclining in the chair in an
​attitude so natural that one almost expected him to turn to us and ask why we were intruding upon his privacy. His head was resting against the chair's back. His right leg was crossed over his left in a position of comfortable relaxation. His right arm was resting easily on the center-table, and his left arm lay along the chair's arm. But that which most strikingly gave his attitude its appearance of naturalness, was a small book which he held in his right hand with his thumb still marking the place where he had evidently been reading.
He had been shot through the forehead from in front; and the small circular bullet mark was now almost black as a result of the coagulation of the blood. A large dark spot on the rug at the rear of the chair indicated the extent of the hemorrhage caused by the grinding passage of the bullet through his brain. Had it not been for these grisly indications one might have thought that he had merely paused momentarily in his reading to lean back and rest.
He was attired in an old smoking-jacket and red felt bed-room slippers, but still wore his dress trousers and evening shirt, though he was collarless, and the neck band of the shirt had been unbuttoned as if for comfort. He was not an attractive man physically, being almost completely bald and more than a little stout. His face was flabby, and the puffiness of his neck was doubly conspicuous without its confining collar. With a slight shudder of dis​taste I ended my brief contemplation of him, and turned to the other occupants of the room.
Two burly fellows with large hands and feet, their black felt hats pushed far back on their heads, were minutely inspecting the iron grill-work over the front windows. They seemed to be giving particular attention to the points where the bars were cemented into the masonry; and one of them had just taken hold of a grille with both hands and was shaking it, simian-wise, as if to test its strength. Another man, of medium height and dapper appearance, with a small blond moustache, was bending over in front of the grate looking intently, so it seemed, at the dusty gas-logs. On the far side of the table a thickset man in blue serge and a derby hat, stood with arms a-kimbo scrutinizing the silent figure in the chair. His eyes, hard and pale blue, were narrowed, and his square prognathous jaw was rigidly set. He was gazing with rapt intensity at Benson's body, as though he hoped, by the sheer power of concentration, to probe the secret of the murder.
Another man, of unusual mien, was standing before the rear window, with a jeweller's magnifying glass in his eye, inspecting a small object held in the palm of his hand. From pictures I had seen of him I knew he was Captain Carl Hagedorn, the most famous fire-arms expert in America. He was a large, cumbersome, broad-shouldered man of about fifty; and his black shiny clothes were several sizes too large for him. His coat hitched up behind, and in front hung half way down to his knees; and his trousers were baggy and lay over his ankles in grotesquely comic folds. His head was round and ​abnormally large, and his ears seemed sunken into his skull. His mouth was entirely hidden by a scraggly, grey-shot moustache, all the hairs of which grew downwards, forming a kind of lambrequin to his lips. Captain Hagedorn had been connected with the New York Police Department for thirty years, and though his appearance and manner were ridiculed at Headquarters, he was profoundly respected. His word on any point pertaining to fire-arms and gunshot wounds was accepted as final by Headquarters men.
In the rear of the room, near the dining-room door, stood two other men talking earnestly together. One was Inspector William M. Moran, Commanding Officer of the Detective Bureau; the other, Sergeant Ernest Heath of the Homicide Bureau, of whom Markham had already spoken to us.
As we entered the room in the wake of Chief Inspector O'Brien everyone ceased his occupation for a moment and looked at the District Attorney in a spirit of uneasy, but respectful, recognition. Only Captain Hagedorn, after a cursory squint at Markham, returned to the inspection of the tiny object in his hand, with an abstracted unconcern which brought a faint smile to Vance's lips.
Inspector Moran and Sergeant Heath came forward with stolid dignity; and after the ceremony of hand-shaking (which I later observed to be a kind of religious rite among the police and the members of the District Attorney's staff), Markham introduced Vance and me, and briefly explained our presence. The Inspector bowed pleasantly to indicate his acceptance of the intrusion, but I noticed ​that Heath ignored Markham's explanation, and proceeded to treat us as if we were non-existent.
Inspector Moran was a man of different quality from the others in the room. He was about sixty, with white hair and a brown moustache, and was immaculately dressed. He looked more like a successful Wall Street broker of the better class than a police official.
"I've assigned Sergeant Heath to the case, Mr. Markham," he explained in a low, well-modulated voice. "It looks as though we were in for a bit of trouble before it's finished. Even the Chief Inspector thought it warranted his lending the moral support of his presence to the preliminary rounds. He has been here since eight o'clock."
Inspector O'Brien had left us immediately upon entering the room, and now stood between the front windows, watching the proceedings with a grave, indecipherable face.
"Well, I think I'll be going," Moran added. "They had me out of bed at seven-thirty, and I haven't had any breakfast yet. I won't be needed anyway now that you're here. . . . Good-morning." And again he shook hands.
When he had gone Markham turned to the Assistant District Attorney.
"Look after these two gentlemen, will you, Dinwiddie? They're babes in the wood, and want to see how these affairs work. Explain things to them while I have a little confab with Sergeant Heath."
​Dinwiddie accepted the assignment eagerly. I think he was glad of the opportunity to have someone to talk to by way of venting his pent-up excitement.
As the three of us turned rather instinctively toward the body of the murdered man—he was, after all, the hub of this tragic drama—I heard Heath say in a sullen voice:
"I suppose you'll take charge now, Mr. Markham."
Dinwiddie and Vance were talking together, and I watched Markham with interest after what he had told us of the rivalry between the Police Department and the District Attorney's office.
Markham looked at Heath with a slow gracious smile, and shook his head.
"No, Sergeant," he replied. "I'm here to work with you, and I want that relationship understood from the outset. In fact, I wouldn't be here now if Major Benson hadn't 'phoned me and asked me to lend a hand. And I particularly want my name kept out of it. It's pretty generally known—and if it isn't, it will be—that the Major is an old friend of mine; so, it will be better all round if my connection with the case is kept quiet."
Heath murmured something I did not catch, but I could see that he had, in large measure, been placated. He, in common with all other men who were acquainted with Markham, knew his word was good; and he personally liked the District Attorney.
"If there's any credit coming from this affair," Markham went on, "the Police Department is to get it; therefore I think it best for you to see the ​reporters. . . . And, by the way," he added good-naturedly, "if there's any blame coming, you fellows will have to bear that, too."
"Fair enough," assented Heath.
"And now, Sergeant, let's get to work," said Markham.
* ↑ The book was O. Henry's Strictly Business, and the place at which it was being held open was, curiously enough, the story entitled "A Municipal Report."
* ↑ Inspector Moran (as I learned later) had once been the president of a large up-State bank that had failed during the panic of 1907, and during the Gaynor Administration had been seriously considered for the post of Police Commissioner.