The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-03-07

ined it-and it's new all right.
That is where this bullet struck
harmlessly.
ut was aimed at Harry Borden's
murderer, who stood in Jack Hay
wards window, but the finger which
pulled the trigger was that of man
mortally wounded-or the shot
would not have gone SO wide of it's
mark. Do you understand now,
Miss Lester?"
Ruth raised her trembling hands
to her face, pressed her icy fingers
tips into her throbbing temples
mo! MOI" she cried. It don't I'M
derstand! All l know is-the per-
son at whom that shot was fred
was not Jack Hayward"
M'MANN turned from the win
Iva dow, strobe to Borden's desk.
took his seat again. Ruth followed
unSteadily, her knees SO weak with
fright that they could scarcely sup
port her small body.
VAtoO DCCd11lC VI yOuA plSGOi,
which we know from fingerprint
evidence that Borden had secured
after you left Saturday, bothered
me considerably until this evidence
turned up," McMann said slowly.
II believe that Dordon was shot
IS he stood against that open win
dow, that, as he fell, mortaIly
wounded, his pistol-or rather, your
pistol clattered out of his hand to
the cement below. His murderer re-
trieved it, disposed of it along with
the weapon with which he had
killed Harry Borden
Retrieved it?" Ruth cried, sud-
denly electrified. How? How? If
you mean Jack Hayward when you
say his murderer how could Jack
have possibly retrieved my pistol on
Saturday?
lotto Pfluger, the elevator oper-
ator on Jacks corridor, has told you
that Jack descended in his car, not
more than ten minutes after Otto
had taken him up. There is no
way of entering. that court below
except through a basement door. I
know, because I once dropped my
handbag out of that window and
had to go clear down to the base
ment and through a door leading
from the basement to get it.
If Jack had done that, he would
have been seen. Moreover, he did
not have time to walk down seven
flights of stairs, counting the base
ment stairs, and all the way up
again, in the ten minutes he was in
the building. And there has not
been one shred of evidence from
either of the cleaning women or
any tenant, to confirm your earlier
suspicion that Jack used my Office
key to get into this office aftereMr.
Borden was killed, to retrieve the
pistol provided it fell to the floor
instead of out of the window"
,McMann frowned thoughtfully as
the almost Historically triumphant
girl made each of her points. Then,
when she had finished, he asked
slowly: What about Saturday night
or Sunday? knowing that the pis-
tol lay there, he could have taken
his time about coming back for it."
"And there is no record of his
being in the building Saturday night
or Sunday" Ruth told him trium-
phantly. IT haven't seen the register
for those days." but I'm sure you
have, and since know Jack wasn't
in the Starbridge building after 2
o'clock Saturday until 8 this morn
ing, know his name is not on the
register. That's true, isn't it?"
YES" McMann admitted. But
he could have walked down to the
basement without using the ele-
vator, or without being seen by the
one man on duty after four o'clock
Saturday"
"And that exit door to the court
is kept locked" Ruth cried. ut had
to be unlocked for me. The porter
in the basement had to send for Mr..
Coghlan, the superintendent, in
order to get the key to unlock it.
Furthermore, Jack never had the
key to this Office, so he could not
have come here Saturday night or
Sunday and gained access to MIR.
Borden's Office, even if he could have
entered the building and left it un-
observed by the elevator man.
''You must believe me when tell
you that the key which the waiter
picked up and handed to Jack was
the key to my apartment, not my
Office key. No, Mr.. McNIann, you're
on the wrong scent. Please believe
me, please keep an open mind for
some theory which will explain all
the facts"
A ND one of those facts" Nc
"A Mann pointed out, sis that
Harry Borden fired shot which
grazed a brick in the wall beside
Jack Hayward's window"
"And what does that prove
against Jack?" Ruth challenged.
"I'll grant that Mr.. Borden was
standing near that window when he
was killed, but how can you be sure
that he was facing the window
when he took aim?
IF his murderer-or murderess-
fired at him in this Office, isn't it
easy to picture Mr. Borden's arm
flying out, after he was hit, so that
the bullet with which he had meant
to kill his attacker, was discharged
through the window? Why assume
that he had aimed at some one in
Jacks window? There was simply
nowhere else for the bullet to 60"
"Just a minute!" McMann inter
rupted. Detective Birdwell opened
the door between the private ONCE
and the outer Office. :'What is it,
Birdwell?"