Evening star., 1921-08-21


| expressed evaporation and started to
his club to get luncheon. There he
was informed that the dining room
had been closed early in order to per-
| init decoration. Hungry and further
irritated. he had gone to the public
in years. So far as could be ascer-
tanned, he never had been in the place.
So far as any one could discover. he
never had seen Ben Klingman. or had
Klingman seen him. Klingman never
had worked in any club in which
Tierly was a member. Employees Of
Tierly's Office stated that Klingman
was entirely unknown there. Walters
and patrons Of the restaurant stated
that no quarrel had proceeded the as.
sault. that Tierly had given his order
briefly. and evidently had not noticed
the waiter.
Three days after the assault Tierly
recovered consciousness long enough
to state that he never had seen King
! man. did not know who he was. or
why he was attacked. He remem-
| bered he was glancing at a news
| waiter cursing wildly and saying
something about sweet potatoes. Be-
fore he could move he was struck.
! Police and reporters insisted there
was deep mystery back Of the assault
| and that both Klingman and Tierly
sarily, another crime was being con-
cealed. Klingman's friends employed
q lawyer to defend him. To him King
| man refused to talk. beyond reiter-
| ating the statement that fierly "got
| what was coming to him." He stated,
however. that he did not intend to
kill Tierly. but wanted to choke him
| to death on sweet potatoes. Where
| upon the lawyer made. hasty exit
from the cell and announced that his
line of defense would be temporary
| insanity.
Reporters following the woman
angle" learned that Klingman's wife
was q semi-invalid who had died six
months before. and that his two
young daughters were in convent
school. and that neither knew or ever
heard of Tierly. Thereupon they
possible and reached the conclusion
| that Klingman's mind had been dis
| ordered by sorrow.
| Tho case seemed ended: but two
| weeks later Tierly, who had insisted
upon prosecution, who charged that
criminal and insane, who had resisted
all efforts to secure his release on
bail bonds, suddenly appeared in
court, gave bail himself. secured the
release of Klingman and. departing
hastily. refused to prosecute. the case
Il
| + + 4
lTHIS amazing change of attitude
and the fact that Klingman went
back to work in the restaurant. and
refused entirely to explain or even
| talk, served only to make the mys-
terry deeper. The reporters resumed
their research-and learned nothing.
It became tradition that behind the
Tierly mystery was one OF the great
est financial and romantic crimes
| ever conceived. have heard tales.
wilder than ,t1cn any nction' purport'ne 70
Yet the. clue to the motive in the
! case, a clue which would have led at
once to the solution. was before
| every one, was repeated again and
| again. and never suspected. It was
the unusual 1t had been used in tell
had been Interested because. TO!
several years, Ben Klingman had
waited on me in that restaurant. He
was 30 evsn-tempefed. 40 courteous
and considerate waiter. that it was
fhard to think Of him either as a vio-
lent man or an insane one. The other
| walters in the place and friends OF
Klingman asked me to sec whether II
would be possible to secure his re. re-
1
futile, as Klingman was being held
for observation and a date had been
set for an examination as to his san
ity, il the prosecutor decided to dror
the charge Of assault with intent to
| kill and substitute one of insanity.
| I went to the jail fearing the re-
suit. The jailer advised me to talk
with Ben from outside his cell. But
Ben was SO pleased to see me. SC
grateful and so innocent-appearine
the cell and shook hands.
/ When I asked him the reason fol
the assault. he simply said;
"He had 1t coming"
"Ben,"" insisted, you've got to ex.
deserved ii. Did he swear at ycus'
mo. He never spoks TO me except
to give his order"
.sWhat made you xnadT
-. tHe ordered sweet potatoea SAID
T. aAa a.G