The Washington herald., 1913-02-23

powder. the stains even now being vis-
ible. Now. a bullet flying the distance
II must have traversed between Wha-
lens hand and the window would, In all
probability, simply have perforated the
glass with round. clean hole. But the
weapon having been fired In close prox-
unity. the conclusion shattered the
whole window" ...-.s
After a silence Gilman resumed:
Now, then, assume that the bullet
entered Brokoskis back and emerged
from his. breast The conclusion de-
duced from the circumstances have
suggested Is impregnable when that
bullet is located In position In front
OF BrokoskL' .-, 49,. s' --
During the recital the Governor lay
in his deep chair. his arms across his
breast. his finger-tips together. He re-
garded Gilman through half-closed
eyes. A thoughtful observer would
have said that he had heard the essen
tial elements of the tale before. When
he spoke, after a silence which had be-
gun to annoy the private secretary. he
said:
"weIl. your hypothesis is tenabie. In
fact. 1t is one of the prettiest cases 1
ever saw put together"
Gilman stirred uneasily.
But did you learn anything as to the
identity Of the person, who. II your sup
positions are correct. killed Brokoski?'
That's the weak point" Gilman
promptly admitted. "A sufficient motive
is utterly lacking, IL We eliminate par
tisan hatred. II was shown that ,Whalen
killed him an impulse Of passion. and
that alone saved him from the death
penalty. But I feel that my reasoning is
valid. The conviction was strengthened
by whalen's manner and expression the
other day. He never killed Brokoski, I
tell you" Gilman smote his thigh for
emphasis. why he chooses to die in
prison silent martyr I don't know
but the woman does"
The Governor assumed a sitting pos
ture.
Damn it," exclaimed Gilman. after
n momentary silence. 'if those stupid
police had examined the mud in the al
ley beneath the window that night they
would have found tracks that would
have changed the course of this whole
business"
The Governor bent farther forward.
burying himself in an intense concen-
tration OF mind. For a time intermin
able to Gilman. he sat thus. His cigar
went out. The ice in his glass melted,
spun on the crystal brim. and sank
with n tiny splash and tinkle. The lit
tie pile of burned cigarettes. the black
ends Of consumed cigars. the mass Of
tobacco ash deposited in n whisky
glass. absorbed Its tepid liquid. and
stunk. The room grew chill, and the
mists OF the fountain which played in
mournful solitude beneath the rocking
elms in the grounds, permeated the at
mosphere. The brooding night added
her terrOrs and her cares.
Gilman took sip OF liquor. lighted
a fresh cigarette. rose, and walked UP
and down the room. He thought Of the
election. so near. at hand He looked at
the Governor bowed there before him.
what was whalen. or the woman. or
to HIM Let the prisoner die.
What was he to the Governor? John
party needed him. his coun-
try needed him. his time needed him.
mankind and human progress needed
him. II he pardoned Whalen. what was
to become OF him? The conviction of
Brokoskis murderer alone could save
him from such apparent qualification.
here on the eve OF an election at which
in the foolish phrase of modern poll
tics, he sought vindication. Was this
possible? The bare thought
halted Gilman beside the Governor. He
laid a hand on his shoulder
These abstruse propositions wouldn't
stand before a jury in a criminal court"
he said. Let Whalen stay
The Governor lifted his head
But you Just now said that he was
not Brokoskrs murderer"
Gilman hesitated. when he spoke. he
said:
"a jury Of twelve sworn men has
said that he is"
Two days after the private secre-
tary's return. the newspapers were
full OF stories concerning his move,
ments whalen's picture was exploit
ed. correspondents sought the Cover
nor for interviews. and the Courier
charged that. in his desperation, he in
tended TO pardon Whalen. that he