Suddenly the door behind me opened. I didn’t turn around. I knew who it was.
S
ILK
jumped to his feet. “What the hell is coming off here!” he shouted.
I stood up and turned around slowly. There were four men in my office. Flix had been shoved to one side, and one of the men had a gun pointed at his belly.
One of the men walked over to me. “Frank Kane?” he asked. I nodded.
“We have a warrant for your arrest on a charge of conspiracy and bribing of public officials of the State of New York. We have a further warrant and subpoena pertaining to the examination of the books of Frank Kane Enterprises.”
Carson stepped forward. “Have you a writ of extradition?” The man nodded.
“Let me see it,” Carson demanded.
The man gave some papers to Carson. Carson examined them carefully, then handed them back to the man. He turned to me. “It looks as if they’ve got everything figured out, Frank. You’ll have to go with them.”
I stepped forward silently.
The man walked past me to Silk. “Giuseppe Fennelli?” he asked.
The trial was completed the last day in June. On that morning Jerry got up in court and threw in the bombshell. He walked past where Fennelli and I were sitting. I looked up at him gravely. He didn’t look at us. His face was white and grim as he turned towards the jury box.
“Gentlemen of the jury,” he began, “this morning we received from the accountants the results of the detailed examination of the books and records of Frank Kane Enterprises. The examination had been conducted jointly and by agreement with the governments of the States of New York and New Jersey and with the co-operation of the Treasury Department of the United States. I wish to enter as evidence their joint report of the examination.”
He held up a sheaf of papers. He looked at them a moment, then turned the first page and read from it. The first few lines were certificates from the various examiners. Then he read: “We, the examiners, find Frank Kane Enterprises, as originally conceived by the defendant Frank Kane, to be a legitimate and honest business insomuch as the defendant Frank Kane is concerned. We find that the financing of said business was arranged by one Giuseppe Fennelli, and that the intention of Mr. Kane was at no time to engage in the principal business of his financier. Towards that end Mr. Kane directed his efforts.
“He engaged in the purchase and sale of various businesses and securities such as he deemed necessary to the welfare of his business. During such time as Mr. Kane was conducting his business properly, his financier, Mr. Fennelli, was running a business within a business. Or more properly, Mr. Fennelli was engaging in his business of gambling and bookmaking, using Frank Kane Enterprises as a cloak for his enterprise.
“We are convinced that Mr. Kane at no time suspected that such uses were being
Jerry turned and walked back from the jury box and placed the papers on his desk. Then he walked back to the jury box. He stood there quietly a moment. Then he began to speak again.
“Gentlemen, in view of the evidence I have just introduced, I have been convinced that a great wrong and injustice is being done to Mr. Kane. His entire attitude during this investigation has been one of patience and co-operation.”
He turned and looked at me, his face was pale and his eyes were bleak.
“Gentlemen of the jury, the prosecution asks that a verdict of not guilty be returned for Mr. Kane——”
The words were no sooner out of his mouth than pandemonium broke loose in the court.
Silk jumped to his feet and grabbed me by the back of the collar and pulled me out of my chair. I turned and tried to get his hands loose from my clothing. Flash bulbs went off, and the crowd in the court surged forward trying to see what was happening. A court attendant pried Silk from me. I stood up and tried to straighten my clothing.
The judge banged his gavel down hard. An attendant cried: “Order in the court.” The noise didn’t subside, and the judge ordered the court cleared. Police went down the aisles emptying the court, and in a few moments all was quiet.
An hour later the jury retired to consider the evidence and reach a verdict. They returned to the court at four-thirty. Fennelli and I were instructed to stand up and face the jury. We did.
I looked over at Jerry. He sat at his desk glumly, not glancing in my direction. The court was empty except for the press. Suddenly my throat went dry. What if something had gone wrong? What if I had come this far only to lose? A pulse began beating in my forehead. I could feel the colour draining from my face, and I was angry with myself. I wanted to appear calm, contained. But my hand shook a little.
The judge looked at the jury. “Gentlemen of the jury, have you reached a verdict?”
The foreman replied: “We have, Your Honour.” He cleared his throat and looked down at a sheaf of paper he held in his hand. He began to read from it.
“We the jury find the defendant Giuseppe Fennelli guilty as charged.”
Fennelli suddenly slumped into his chair, his face ashen. A court attendant came forward with a glass of water, but Fennelli waved him away.
I remained standing as I was, still facing the jury. The pulse in my forehead was really jamming now.
The foreman of the jury continued: “We the jury find the defendant Frank Kane”—he paused for a moment, consciously dramatic—“not guilty.”
Carson turned to me and grabbed my hand and began shaking it. He spoke low; only I could hear his words. “You did it, Frank, you did it!”
I turned and looked past him at Fennelli. Fennelli was staring at me, his hands
clenched in front of him, his eyes burning into mine. Slowly I walked around the table past him. I could feel Silk’s hand brush against my coat as I walked by. I paid no attention to it but continued walking—to the court grille, into the aisle, up to the door, out the door into the hall, down the hall to the street. And all the way I could feel his eyes burning hate into the back of my head.
Carson came running up to me. “Where are you going?” he asked.
I looked up at the sun. Its white, blinding light burned into my eyes and made me feel warm where before I had been cold inside. I lifted my hands to my eyes, shading them from the sun. “For a drink,” I said, my voice shaking a little. “I need one bad.”
I left him standing on the steps looking after me. I went around the corner. There was a saloon there. I pushed my way through the old-fashioned swinging doors and went up to the bar.
“Double whisky,” I said to the barkeep. He placed the drink in front of me, and I ordered another. I stood there for a few moments looking at it, then began to raise it to my lips. Someone touched me on the shoulder.
I turned slowly. It was Flix. His face was impassive. “You made it?” “I made it.”
“What about him?” Flix asked, jerking his finger towards the door.
I knew who he meant. “He didn’t make it,” I said, swallowing my drink and ordering another. “Have one, Flix?”
Flix ordered the same. We stood there side by side. The bar was fairly crowded and we were pressed closely against each other. I could feel a gun in his pocket. Flix lifted his drink. “How much time do you think he’ll get?” he asked, his voice flat and quiet.
“About ten years—with time off.”
Flix swallowed his drink. His voice was still low and quiet. “He’s not going to let you get away with it.”
I turned to Flix. I was beginning to come out of the fog. “How do you know?” Flix shrugged his shoulders. “It figures.”
Suddenly I was alive again. Flix was right. Jail wasn’t enough to stop a guy like Silk. He could pull wires from inside. I stuck my hand inside my jacket pocket for money to pay for the drinks. My hands closed about a bit of paper in there. I took it out and spread it flat on the bar to read.
“I’ll get you for this,” it said. That was all. No signature—it didn’t need any.
I looked at Flix. His face was impassive. I ordered two more drinks. The barkeep set them down in front of us. I picked mine up and turned to Flix. “Here’s to your sister!” I said.
He was fast. He lifted his glass and we drank.
I half finished my drink then spoke again. “Here’s to ten grand.” We finished the drinks and the barkeep brought two more. “How do you pay?” Flix asked.
“Usual terms,” I answered. “Fifty per cent down, balance upon delivery.”
We downed our drinks and I threw a five-dollar bill on the counter to pay for the drinks and we walked out.
We stood in the street a moment. I looked at him. “Carson will give you the dough.
Contact him tomorrow.” He nodded.
I flagged a passing cab. It screeched to a stop in front of me. I got into the cab. “So long; Flix,” I said.
His face was calm. “So long—hard guy!”
I sat back against the cushion as the cab drove off. This was bad. Some day I would have to deal with Flix—but that would be later. I was snapped out of my reverie by the cab driver.
“I can drive all day, boss,” he said, “but don’t you want to go somewhere?”
I
WENT
back to my apartment and changed my clothes. Then I ordered the car and drove back to New York.
On the other side of the bridge I pulled over to a news-stand and bought the Evening Journal. There was a big red scare-streamer headline across the top of the page: “KANE FREED—FENNELLI GUILTY.” Below it was a black lead line: “Cowan Smashes Rackets”. There was a picture of Jerry leaving the court after the trial. The caption below it read: “Jerome Cowan, Racket Buster”. He was smiling into the camera.
I laughed softly to myself. Leave it to the papers! The next thing you know they’d have him running for Governor. I threw the paper out the window and drove on.
I pulled to the kerb in front of Ruth’s house, got out of the car, and went in. The same funny elevator boy that had first taken me up was on again. He kept staring at me curiously all the way up. I got out at her floor and walked to her door. I pressed the bell- button.
I could hear the chimes all the way back in the apartment. I waited. It seemed like an hour. At last the door opened. Ruth stood there.
I just stood there and looked at her and she looked at me. It was almost as if we were strangers—as if we had never seen each other before.
“Ruth,” I said, standing there in the hallway, not daring to move. Suddenly she was in my arms, crying: “Frankie, Frankie!”
The door closed behind us. The hall was dim. Her head was against my chest and the sobs racked her throat. I stroked her head, softly, gently. “Ruth, Ruth, it’s all over! Don’t cry, darling.”
“Frankie, I thought you weren’t coming back.” “I promised, Ruth, I promised.”
She looked at me. Her head was up, her eyes strangely luminous. I kissed her. I could feel her lips quivering and trembling.
“Darling, darling!”
“I was afraid you’d change your mind, Ruth. I was so afraid.” She covered my lips with hers.
Arm in arm we walked into the living-room. We sat down on the large sofa. She turned to me. “It’s the last day in June, Frankie.”
“That’s why I came,” I whispered. “I said you’d be a June bride. Get some things packed. We’re going up to Meriden to be married.”
She moved away from me, towards the other end of the sofa where the cigarettes were kept in a small china tray. A look of studied calm came over her face as she took one. I lit it for her, watching her face as I did so. She looked back at me, her eyes unblinking.
I waited for her to speak. At last, after a few deep puffs on the cigarette, she did. Her voice was calm. “No, Frankie, we’re not getting married.”
It was my turn to act calm. I lit a cigarette before I spoke, Then I asked simply: “Why?”
“Because you don’t love me.” She held up her hand to keep me from speaking. “Not really, you don’t. It’s all part of the plan you have—just like the deal you made with Jerry. To step from one phase of your life to another, you’re only marrying me to complete the transition. The perfect touch! You’re ready to don the mantle of respectability, and you only want me to furnish the finishing touch to the costume.
“You haven’t really learned anything. You really don’t believe in what you’re doing. You’re only doing it because you know you’re through and you’re making the best of a bad bargain, Jerry told us what you’ve made him do, and it didn’t take me very long to sit back and think things out. You’ve got to learn sometime: you can’t just bargain with people’s lives.”
I cut in. My voice was still quiet. “Do you love me?” I asked.
She looked at me. Her face had grown very pale. “Love you?” she asked. “I’ve loved you so much ever since we were children, that at night I couldn’t sleep for the wanting of you, that when we didn’t know where you were I could dream about you, that all these last months I was longing for you to take me—I wanted your child inside me under my heart.” Her voice was strained and shaking with emotion, “That’s why I won’t bargain with you, Frankie. That’s why I’m not going to marry you.”
I crushed my cigarette out in the tray beside me and took her by the shoulders roughly, squeezing my fingers into her arm. She made no sound, just looked up into my face.
“You stupid little fool!” I was raging mad. I could feel the pulse pounding in my forehead. “Maybe that’s the way it started, but can’t you see what I’ve done for you—that what I’ve thrown away has been for you? Don’t think I couldn’t have cleaned up this mess if I didn’t want to. I had a dozen places in the United States I could have gone to and operated from, and they never would have been able to touch me. I didn’t have to quit. I quit because of you. If it weren’t for the way I felt about you, I would have beat this the same way I beat everything else that got in my way; I’d have ruined Jerry’s career, as I could have.