He stopped. Keyes waited, and he didn't finish.
"What's unlawful about this, Mr. Norton?"
"Nothing. It's lawful enough-but it's wrong. It puts us out in the open. It leaves us with no defenses-in case we miss on it. I never heard of a thing like that. It's-tactically wrong, that's what I'm trying to say."
"But strategically right."
"We've got our strategy. We've got our ancient strategy, and you can't beat it. Listen, it can be suicide. We can affirm our belief that it's suicide, at the proper time, and we're safe. The burden of proof is on her. That's what I'm trying to say. Believe me, on a keg of dynamite like this, I don't want to get myself in the position where the burden of proof is on us."
"You're not going to move against her?"
"Not yet, Keyes, not yet. Maybe later, I don't know. But so long as we can do the conservative, safe thing, I don't get mixed up with the other kind."
"Your father-"
"Would have done the same thing. I'm thinking of him."
"He would not. Old Man Norton could take a chance."
"Well I'm not my father!"
"It's your responsibility."
I didn't go to the inquest, Norton didn't, and Keyes didn't. No insurance company can afford to let a jury know, whether it's a coroner's jury or any other kind of jury, that a dead man is insured. It just gets murdered if that comes out. Two investigators were sent over, guys that look like everybody else and sit with the newspaper men. We got what happened from them. They all identified the body and told their story, Phyllis, the two conductors, the red-cap, the porter, a couple of passengers, the police, and especially this guy Jackson, that pounded it in that I tried to get rid of him. The jury brought in a verdict "that the said Herbert S. Nirdlinger came to his death by a broken neck received in a fall from a railroad train at or about ten o'clock on the night of June 3 in a manner unknown to this jury." It took Norton by surprise. He really hoped for a suicide verdict. It didn't me. The most important person at the inquest never said a word, and I had beat it into Phyllis' head long before that he had to be there, because I had figured on this suicide stuff, and we had to be ready for it. That was the minister that she asked to come with her, to confer with the undertaker on arrangements for the funeral. Once a coroner's jury sees that it's a question of burial in consecrated ground, the guy could take poison, cut his throat, and jump off the end of a dock, and they would still give a verdict, "in a manner unknown to this jury."
After the investigators told their story, we sat around again, Norton, Keyes, and myself, in Norton's office this time. It was about five o'clock in the afternoon. Keyes was sore. Norton was disappointed, but still trying to make it look like he had done the right thing. "Well, Keyes, we're no worse off."
"You're no better off."
"Anyway, we haven't done anything foolish."
"What now?"
"Now? I follow practice. I wait her out. I deny liability, on the ground that accident is not proved, and I make her sue. When she sues, then we'll see what we see."
"You're sunk."
"I know I'm sunk, but that's what I'm going to do."
"What do you mean you know you're sunk?"
"Well, I've been talking to the police about this. I told them we suspect murder. They said they did too, at first, but they've given up that idea. They've gone into it. They've got their books too, Keyes. They know how people commit murder, and how they don't. They say they never heard of a case where murder was committed, or even attempted, by pushing a man off the rear end of a slow-moving train. They say the same thing about it you say. How could a murderer, assuming there was one, be sure the man would die? Suppose he only got hurt? Then where would they be? No, they assure me it's on the up-and-up. It's just one of those freak things, that's all."
"Did they cover everybody that was on that train? Did they find out whether there was a single one of them that was acquainted with his wife? Holy smoke, Mr. Norton, don't tell me they gave up without going into that part. I tell you, there was somebody else on that train!"
"They did better than that. They covered the observation car steward. He took a seat right by the door, to mark up his slips for the beginning of the trip, and he's certain nobody was out there with Nirdlinger, because if anybody had passed him he would have had to move. He remembers Jackson going out there, about ten minutes before the train pulled out. He remembers the cripple going by. He remembers Jackson coming back. He remembers Jackson going out there again with the briefcase, and Jackson coming back, the second time. Jackson didn't report the disappearance right away. He just figured Nirdlinger went in a washroom or something, and as a matter of fact it wasn't till midnight, when he wanted to go to bed and he still had the briefcase that he supposed had Nirdlinger's ticket in it, that he said anything to the conductor about it. Five minutes after that, at Santa Barbara, was where the Los Angeles yard-master caught the conductor with a wire and he impounded Nirdlinger's baggage and began taking names. There was nobody out there. This guy fell off, that's all. We're sunk. It's on the up-and-up."
"If it's on the up-and-up, why don't you pay her?"
"Well, wait a minute. That's what I think. That's what the police think. But there's still considerable evidence of suicide-"
"Not a scrap."
"Enough, Keyes, that I owe it to my stockholders to throw the thing into court, and let a jury decide. I may be wrong. The police may be wrong. Before that suit comes to trial, we may be able to turn up plenty. That's all I'm going to do. Let a jury decide, and if it decides we're liable, then I pay her, and do it cheerfully. But I can't just make her a present of the money."
"That's what you'll be doing, if you allege suicide."
"We'll see."
"Yeah, we'll see."
I walked back with Keyes to his office. He snapped on the lights.
"He'll see. I've handled too many cases, Huff. When you've handled a million of them, you know, and you don't even know how you know. This is murder…So they covered the porter, did they. Nobody went out there. How do they know somebody didn't swing aboard from the outside? How do they know-"
He stopped, looked at me, and then he began to curse and rave like a maniac. "Didn't I tell him? Didn't I tell him to drive at her right from the start? Didn't I tell him to have her put under arrest, without waiting for this inquest? Didn't I tell him-"
"What do you mean, Keyes?" My heart was pounding, plenty.
"He was never on the train!"
He was yelling now, and pounding the desk. "He was never on the train at all! Somebody took his crutches and went on the train for him! Of course that guy had to get rid of Jackson! He couldn't be seen alive beyond the point where that body was to be put! And now we've got all those sworn identifications against us-"
"Those what?" I knew what he meant. Those identifications at the inquest were something I had figured on from the start, and that was why I took such care that nobody on that train got a good look at me. I figured the crutches, the foot, the glasses, the cigar, and imagination would be enough.
"At the inquest! How well did any of those witnesses see this man? Just a few seconds, in the dark, three or four days ago. Then the coroner lifts a sheet on a dead man, the widow says yes, that's him, and of course they all say the same thing. And now look at us! If Norton had thrown the gaff into her, all those identifications and everything else about it could have been challenged, the police would have waked up, and we might be somewhere. But now-! So he's going to let her sue! And just let him try, now, to break down those identifications. It'll be impossible. Any lawyer can crucify those witnesses if they change their story now. So that's being conservative! That's playing it safe! That's doing what -the old man would have done! Why, Huff, Old Man Norton would have had a confession out of that woman by now. He'd have had a plea of guilty out of her, and already on her way to do a life stretch in Folsom. And now look at us. Just look at us. The very crux of the thing is over already, and we've lost it. We've lost it…Let me tell you something. If that guy keeps on trying to run this company, the company's sunk. You can't take many body blows like this and last. Holy smoke. Fifty thousand bucks, and all from dumbness. Just sheer, willful stupidity!"