# The "Canary" Murder Case (1927)/Chapter 30

(Tuesday, September 18; 3.30 p. m.)
It was exactly half past three when we entered the rotunda of the Stuyvesant Club. Markham at once sent for the manager, and held a few words of private conversation with him. The manager then hastened away, and was gone about five minutes.
"Mr. Spotswoode is in his rooms," he informed Markham, on returning. "I sent the electrician up to test the light bulbs. He reports that the gentleman is alone, writing at his desk."
"And the room number?"
"Three forty-one." The manager appeared perturbed. "There won't be any fuss, will there, Mr. Markham?"
"I don't look for any." Markham's tone was chilly. "However, the present matter is considerably more important than your club."
"What an exaggerated point of view!" sighed Vance when the manager had left us. "The arrest of Spotswoode, I'd say, was the acme of futility. The man isn't a criminal, don't y' know; he has nothing in common with Lombroso's Uomo Delinquente. He's what one might term a philosophic behaviorist."
Markham grunted but did not answer. He began pacing up and down agitatedly, keeping his eyes ex​pectantly on the main entrance. Vance sought a comfortable chair, and settled himself in it with placid unconcern.
Ten minutes later Heath and Snitkin arrived. Markham at once led them into an alcove and briefly explained his reason for summoning them.
"Spotswoode's up-stairs now," he said. "I want the arrest made as quietly as possible."
"Spotswoode!" Heath repeated the name in astonishment. "I don't see——"
"You don't have to see—yet," Markham cut in sharply. "I'm taking all responsibility for the arrest. And you're getting the credit—if you want it. That suit you?"
Heath shrugged his shoulders.
"It's all right with me . . . anything you say, sir." He shook his head uncomprehendingly. "But what about Jessup?"
"We'll keep him locked up. Material witness."
We ascended in the elevator and emerged at the third floor. Spotswoode's rooms were at the end of the hall, facing the Square. Markham, his face set grimly, led the way.
In answer to his knock Spotswoode opened the door and, greeting us pleasantly, stepped aside for us to enter.
"Any news yet?" he asked, moving a chair forward.
At this moment he got a clear view of Markham's face in the light, and at once he sensed the minatory nature of our visit. Though his expression did not alter, I saw his body suddenly go taut. His cold, indecipherable eyes moved slowly from Markham's face ​to Heath and Snitkin. Then his gaze fell on Vance and me, who were standing a little behind the others, and he nodded stiffly.
No one spoke; yet I felt that an entire tragedy was somehow being enacted, and that each actor heard and understood every word.
Markham remained standing, as if reluctant to proceed. Of all the duties of his office, I knew that the arrest of malefactors was the most distasteful to him. He was a worldly man, with the worldly man's tolerance for the misfortunes of evil. Heath and Snitkin had stepped forward and now waited with passive alertness for the District Attorney's order to serve the warrant.
Spotswoode's eyes were again on Markham.
"What can I do for you, sir?" His voice was calm and without the faintest quaver.
"You can accompany these officers, Mr. Spotswoode," Markham told him quietly, with a slight inclination of his head toward the two imperturbable figures at his side. "I arrest you for the murder of Margaret Odell."
"Ah!" Spotswoode's eyebrows lifted mildly. "Then you have—discovered something?"
"The Beethoven Andante."
Not a muscle of Spotswoode's face moved; but after a short pause he made a barely perceptible gesture of resignation.
"I can't say that it was wholly unexpected," he said evenly, with the tragic suggestion of a smile; "especially as you thwarted every effort of mine to secure the record. But then . . . the fortunes of the game are always uncertain." His smile faded, ​and his manner became grave. "You have acted generously toward me, Mr. Markham, in shielding me from the canaille; and because I appreciate that courtesy I should like you to know that the game I played was one in which I had no alternative."
"Your motive, however powerful," said Markham, "cannot extenuate your crime."
"Do you think I seek extenuation?" Spotswoode dismissed the imputation with a contemptuous gesture. "I'm not a schoolboy. I calculated the consequences of my course of action, and after weighing the various factors involved, decided to risk it. It was a gamble, to be sure; but it's not my habit to complain about the misfortunes of a deliberately planned risk. Furthermore, the choice was practically forced upon me. Had I not gambled in this instance, I stood to lose heavily nevertheless."
His face grew bitter.
"This woman, Mr. Markham, had demanded the impossible of me. Not content with bleeding me financially, she demanded legal protection, position, social prestige—such things as only my name could give her. She informed me I must divorce my wife and marry her. I wonder if you apprehend the enormity of that demand? . . . You see, Mr. Markham, I love my wife, and I have children whom I love. I will not insult your intelligence by explaining how, despite my conduct, such a thing is entirely possible. . . . And yet, this woman commanded me to wreck my life and crush utterly those I held dear, solely to gratify her petty, ridiculous ambition! When I refused, she threatened to expose our relations to my wife, to send her copies of the letters I ​had written, to sue me publicly—in fine, to create such a scandal that, in any event, my life would be ruined, my family disgraced, my home destroyed."
He paused and drew a deep inspiration.
"I have never been partial to half-way measures," he continued impassively. "I have no talent for compromise. Perhaps I am a victim of my heritage. But my instinct is to play out a hand to the last chip—to force whatever danger threatens. And for just five minutes, a week ago, I understood how the fanatics of old could, with a calm mind and a sense of righteousness, torture their enemies who threatened them with spiritual destruction. . . . I chose the only course which might save those I love from disgrace and suffering. It meant taking a desperate risk. But the blood within me was such that I did not hesitate, and I was fired by the agony of a tremendous hate. I staked my life against a living death, on the remote chance of attaining peace. And I lost."
Again he smiled faintly.
"Yes—the fortunes of the game. . . . But don't think for a minute that I am complaining or seeking sympathy. I have lied to others perhaps, but not to myself. I detest a whiner—a self-excuser. I want you to understand that."
He reached to the table at his side and took up a small limp-leather volume.
"Only last night I was reading Wilde's 'De Profundis.' Had I been gifted with words, I might have made a similar confession. Let me show you what I mean so that, at least, you won't attribute to me the final infamy of cravenness."
​He opened the book, and began reading in a voice whose very fervor held us all silent:
"'I brought about my own downfall. No one, be he high or low, need be ruined by any other hand than his own. Readily as I confess this, there are many who will, at this time at least, receive the confession sceptically. And although I thus mercilessly accuse myself, bear in mind that I do so without offering any excuse. Terrible as is the punishment inflicted upon me by the world, more terrible is the ruin I have brought upon myself. . . . In the dawn of manhood I recognized my position. . . . I enjoyed an honored name, an eminent social position. . . . Then came the turning-point. I had become tired of dwelling on the heights—and descended by my own will into the depths. . . . I satisfied my desires wherever it suited me, and passed on. I forgot that every act, even the most insignificant act, of daily life, in some degree, makes or unmakes the character; and every occurrence which transpires in the seclusion of the chamber will some day be proclaimed from the housetops. I lost control of myself. I was no longer at the helm, and knew it not. I had become a slave to pleasure. . . . One thing only is left to me—complete humility.'"
He tossed the book aside.
"You understand now, Mr. Markham?"
Markham did not speak for several moments.
"Do you care to tell me about Skeel?" he at length asked.
"That swine!" Spotswoode sneered his disgust. "I could murder such creatures every day and regard myself as a benefactor of society. . . . Yes, I ​strangled him, and I would have done it before, only the opportunity did not offer. . . . It was Skeel who was hiding in the closet when I returned to the apartment after the theatre, and he must have seen me kill the woman. Had I known he was behind that locked closet door, I would have broken it down and wiped him out then. But how was I to know? It seemed natural that the closet might have been kept locked—I didn't give it a second thought. . . . And the next night he telephoned me to the club here. He had first called my home on Long Island, and learned that I was staying here. I had never seen him before—didn't know of his existence. But, it seems, he had equipped himself with a knowledge of my identity—probably some of the money I gave to the woman went to him. What a muck-heap I had fallen into! . . . When he phoned, he mentioned the phonograph, and I knew he had found out something. I met him in the Waldorf lobby, and he told me the truth: there was no doubting his word. When he saw I was convinced, he demanded so enormous a sum that I was staggered."
Spotswoode lit a cigarette with steady fingers.
"Mr. Markham, I am no longer a rich man. The truth is, I am on the verge of bankruptcy. The business my father left me has been in a receiver's hands for nearly a year. The Long Island estate on which I live belongs to my wife. Few people know these things, but unfortunately they are true. It would have been utterly impossible for me to raise the amount Skeel demanded, even had I been inclined to play the coward. I did, however, give him a small sum to keep him quiet for a few days, promising him ​all he asked as soon as I could convert some of my holdings. I hoped in the interim to get possession of the record and thus spike his guns. But in that I failed; and so, when he threatened to tell you everything, I agreed to bring the money to his home late last Saturday night. I kept the appointment, with the full intention of killing him. I was careful about entering, but he had helped me by explaining when and how I could get in without being seen. Once there, I wasted no time. The first moment he was off his guard I seized him—and gloried in the act. Then, locking the door and taking the key, I walked out of the house quite openly, and returned here to the club.—That's all, I think."
Vance was watching him musingly.
"So when you raised my bet last night," he said, "the amount represented a highly important item in your exchequer."
Spotswoode smiled faintly.
"It represented practically every cent I had in the world."
"Astonishin'! . . . And would you mind if I asked you why you selected the label of Beethoven's Andante for your record?"
"Another miscalculation," the man said wearily. "It occurred to me that if any one should, by any chance, open the phonograph before I could return and destroy the record, he wouldn't be as likely to want to hear the classics as he would a more popular selection."
"And one who detests popular music had to find it! I fear, Mr. Spotswoode, that an unkind fate sat in at your game."
​"Yes. . . . If I were religiously inclined, I might talk poppycock about retribution and divine punishment."
"I'd like to ask you about the jewellery," said Markham. "It's not sportsmanlike to do it, and I wouldn't suggest it, except that you've already confessed voluntarily to the main points at issue."
"I shall take no offense at any question you desire to ask, sir," Spotswoode answered. "After I had recovered my letters from the document-box, I turned the rooms upside down to give the impression of a burglary—being careful to use gloves, of course. And I took the woman's jewellery for the same reason. Parenthetically, I had paid for most of it. I offered it as a sop to Skeel, but he was afraid to accept it; and finally I decided to rid myself of it. I wrapped it in one of the club newspapers and threw it in a waste-bin near the Flatiron Building."
"You wrapped it in the morning Herald," put in Heath. "Did you know that Pop Cleaver reads nothing but the Herald?"
"Sergeant!" Vance's voice was a cutting reprimand. "Certainly Mr. Spotswoode was not aware of that fact—else he would not have selected the Herald."
Spotswoode smiled at Heath with pitying contempt. Then, with an appreciative glance at Vance, he turned back to Markham.
"An hour or so after I had disposed of the jewels I was assailed by the fear that the package might be found and the paper traced. So I bought another Herald and put it on the rack." He paused. "Is that all?"
​Markham nodded.
"Thank you—that's all; except that I must now ask you to go with these officers."
"In that case," said Spotswoode quietly, "there's a small favor I have to ask of you, Mr. Markham. Now that the blow has fallen, I wish to write a certain note—to my wife. But I want to be alone when I write it. Surely you understand that desire. It will take but a few moments. Your men may stand at the door—I can't very well escape. . . . The victor can afford to be generous to that extent."
Before Markham had time to reply, Vance stepped forward and touched his arm.
"I trust," he interposed, "that you won't deem it necess'ry to refuse Mr. Spotswoode's request."
Markham looked at him hesitantly.
"I guess you've pretty well earned the right to dictate, Vance," he acquiesced.
Then he ordered Heath and Snitkin to wait outside in the hall, and he and Vance and I went into the adjoining room. Markham stood, as if on guard, near the door; but Vance, with an ironical smile, sauntered to the window and gazed out into Madison Square.
"My word, Markham!" he declared. "There's something rather colossal about that chap. Y' know, one can't help admiring him. He's so eminently sane and logical."
Markham made no response. The drone of the city's mid-afternoon noises, muffled by the closed windows, seemed to intensify the ominous silence of the little bedchamber where we waited.
Then came a sharp report from the other room.
Markham flung open the door. Heath and Snitkin ​were already rushing toward Spotswoode's prostrate body, and were bending over it when Markham entered. Immediately he wheeled about and glared at Vance, who now appeared in the doorway.
"He's shot himself!"
"Fancy that," said Vance.
"You—you knew he was going to do that?" Markham spluttered.
"It was rather obvious, don't y' know."
Markham's eyes flashed angrily.
"And you deliberately interceded for him—to give him the opportunity?"
"Tut, tut, my dear fellow!" Vance reproached him. "Pray don't give way to conventional moral indignation. However unethical—theoretically—it may be to take another's life, a man's own life is certainly his to do with as he chooses. Suicide is his inalienable right. And under the paternal tyranny of our modern democracy, I'm rather inclined to think it's about the only right he has left, what?"
He glanced at his watch and frowned.
"D' ye know, I've missed my concert, bothering with your beastly affairs," he complained amiably, giving Markham an engaging smile; "and now you're actually scolding me. 'Pon my word, old fellow, you're deuced ungrateful!"