Three by Cain: Serenade, Love's Lovely Counterfeit, the Butterfly (40 page)

“Five
thousand?”

“Look—there’s five hundred drug stores around Lake City, two or three hundred cafes, I don’t know how many ice cream parlors—I’m trying to get it through your head that this is
big business
. I can’t take a chance on that much dough, and then have friend Bleeker decide that the felt on the table don’t meet the requirements of Section 492 of the Sanitary Code, something like that. I’ve got to know where I stand, and I’ve got to know in black and white. That’s the first thing. You know him, and you can certainly put a legal question to him that he’s bound, as I see it, to answer. The next thing is, just to protect the interest of all the little guys that want to put machines in, I’m going to organize an association. I don’t kid you about it. That association is going to know from the beginning that it’s politically powerful. It’s got two or three men in key spots of every precinct, and it can make any D.A., whether his name is Bleeker or whatever it is, treat it polite, with no kicking around. I want you to represent that association, as attorney. For that, you’ll receive a pretty nice yearly retainer. Just how much I don’t know today, but we can work it out. I don’t ask you to do anything but represent us legally—but we want real representation, and you look to me like you’ve got some stuff. I don’t mind saying I’ve had my eye on you since before the election. Well—now you know where
you
come in, at last.”

Mr. Yates got up and took several turns about his office. Presently he sat down. “Well—there’s a little question of ethics here.”

“I don’t quite know what you mean.”

“You see, I’m Bleeker’s partner.”

“That’s O.K. by me.”

“I’m not sure it is by me. Or—by the bar association. Or—by Mr. Bleeker. I’d say it was one of those things—”

“Well, if the ethics bothers you I can go somewhere else and no hard feelings. I came in here, as I told you, because—”

“Hey, wait a minute.”

“O.K. Sorry.”

“I haven’t turned your offer down. But I
would
like to think it over a bit. Perhaps talk to Mr. Bleeker about it. See what
he
thinks of the propriety of my accepting such a—”

“Now I get it.”

“Shall we meet again—say next week?”

“Next week is fine.”

So it happened, some days after Mr. Jansen’s inauguration, that a throng of frightened druggists, cafe owners, and other such people, assembled in one of the convention rooms of the Hotel Fremont. It had been, indeed, a somewhat disturbing week. First of all, there was the alarming circumstance that Mr. Jansen, the afternoon he took office, appointed a police board of three of the leading reformers of the town. Two days later this board had named Joseph P. Cantrell as acting Chief, and for a brief time there was a false dawn, a hope that Mr. Jansen wasn’t quite so stern as he had pretended. Then, in quick succession, came two occurrences that had nothing to do with Mr. Jansen, but which didn’t harmonize, somehow, with an easy view of life. The Federal grand jury indicted Mr. Caspar for certain violations of the income tax law. Then the county grand jury indicted him for the murder of Richard Delany. Then, after these straws blowing down the wind, the tornado struck. A uniformed patrolman, one afternoon, entered every place in the city where pinball machines were in operation, and stood guard over them until a truck appeared outside, and expert workmen came in, took the machines apart, and stowed them in the truck. After the truck had departed, to the wail of sirens, the uniformed patrolman left a summons with the owner, notifying him to appear in police court next day and defend himself against preposterous charges: the maintenance of a nuisance, the maintenance of devices tending to the corruption of minors, the operation of common gambling machines.

Then next morning had come the postcard that might mean an answer to all these bewildering things: it was signed by Benjamin L. Grace, and simply informed the recipient that a meeting of the Lake City Amusement Device Operators’ Association
would be held that day at the Fremont, and that any operator of an amusement machine would be eligible to attend. The time of the meeting, 2
P.M
., had been set, obviously, with an eye to the time of the hearings, which were to be in the Hall of Justice Building at four o’clock. By 1:30, worried little men in gray mohair coats began to appear at the Fremont, to be led by a bellboy to Ballroom A, where they sat down in groups to whisper, and wait for whatever was forthcoming. Ballroom A had been furnished by the hotel as an accommodation to Ben, who was living there now, in one of the Sky-Vista apartments, consisting of living room, bedroom, bath, and pantribar alcove. Of the better hotels in Lake City, the Fremont was the oldest, and the most serious rival of the Columbus.

By two o’clock, Ballroom A was a beehive, with every folding chair occupied, and people standing in the aisles. Ben entered with Mr. Yates, who sat down at the table which had been placed at one end of the room. Ben didn’t sit. He faced the crowd, rapped them to order with a large glass ashtray, and asked somebody near the doors to close them. He had changed perceptibly, even since the interview with Mr. Yates, and enormously since that day when a sniveling chauffeur had told his woes to Lefty. Yet there was something of that chauffeur in him now, as he threw back his shoulders and began to talk in quick, jerky, confident sentences. Perhaps it was his inability, in spite of his effort to do so, to give more than the meanest of assurances to this crowd, who were nervous about today, and worried about tomorrow. He tried to be lofty, to appeal to their civic spirit, or pride in their establishments, or something of the sort, as he told them what he had told Mr. Yates about the association and the new class of machine which he would make available to members; and yet somehow he sounded like a professional football coach, haranguing his men before a game, and barking, rather than talking.

Fortunately, however, it was an occasion where sense counted more than manner. They listened to him intently. When, coming to the question of membership, he borrowed a device from June and broke open a package of slips, they sprang forward,
those on the front row, to help him distribute them, and when they had been filled out, to collect them and pile them on the table. Practically everybody, it seemed, wanted to be a member, to be supplied with the new type of machine, to be represented in court by Mr. Yates, to pay a moderate assessment, which would be collected only from the earnings of the machines.

Ben spoke perhaps twenty minutes, the formalities with the slips took another twenty, and then there were quite a few questions.

Then Mr. Yates took the floor. “Before we leave here to appear in court, I’d like to make my position clear. I represent association members and association members only. But any others, and any members who want to appear individually, with different counsel or with no counsel, are welcome to do so, and will merely have to ask the court that their cases be disjoined, and they’ll have separate trial. Now just to get straight whom I represent and whom I don’t will those who want separate trials please raise their hands?”

There were no hands.

“Very well, then I take it I represent you all. Now this isn’t binding on you, but my advice is that when your case is called—whichever one of you happens to be called first as a sort of test case—you plead guilty. I can then ask the court to let me put into evidence, before it imposes sentence, the circumstances that attended the installation of these machines, the pressure from the Caspar organization, the intimidation, the ‘heat,’ as they say, that was turned on, and that ought to have great weight with the court in fixing the degree of guilt. There may be a small fine. If so, it will be credited to you, against the dues of the association—in other words you will have to pay the fine today, in cash, but the association will reimburse you. Now are there any questions?”

There weren’t any, and a half hour later the throng was in Magistrate Himmelhaber’s courtroom, filling it to the last row of benches, and streaming out into the hall and down the marble staircase into the lobby of the Hall of Justice. The police sergeant’s voice sounded small and queer as he read the
charges, and started to read the names, but Mr. Himmelhaber stopped him.

“Call the first case.”

“Roscoe Darnat.”

“Here.”

“Roscoe Darnat, you are charged with the maintenance of a nuisance, in violation of Section 448 of the—”

“Dismiss it.”

Mr. Himmelhaber looked a little annoyed, motioned to the sergeant. “Dismiss all those funny ones, try him on gambling charges only.”

“Yes, Judge. Roscoe Darnat, you are charged with the operation of games of chance, on or about your premises at 3321 West Distler Avenue, on July 7 and various dates previous thereto—are you guilty or not guilty?”

“Guilty.”

Mr. Himmelhaber leaned forward with interest, looked at Mr. Yates. “Are they all taking a plea?”

“Yes, your honor. I would like the court to hear a little testimony on the pressure that was put on them to let the games come into their establishments, as establishing extenuating circumstances—”

“O.K.”

Led by Mr. Yates, with occasional questions from the magistrate, Mr. Darnat told his harrowing tale, of how under pressure from Mr. Caspar’s lieutenants he had installed one machine; of how, after downright intimidation, he had accepted another; of how, when he was afraid for the lives of his wife and children, he had accepted a third and a fourth; of how he asked only to be clear of gambling in any form; how he actually threw up his hat and cheered, if the Judge didn’t believe it he could ask his wife, when the truck carried off the four machines—

“O.K., that’s enough.”

Mr. Himmelhaber looked at Mr. Bleeker, who was prosecuting the case in person, and who had said nothing so far. He
looked over his glasses at the judge, said: “Your honor, I have no questions to ask the witness. In fact, I’m sure that every word he says is true.… I may say, to make the position of the prosecution clear, that I have no desire to harry these people, or inflict undue hardship. If they were actually the owners of the machines, that would be different. But since no owners have come forward to claim their property—quite naturally, I would say—what I am interested in is the destruction of the machines, so that the nuisance they represent can be abated, for good and all.”

Mr. Himmelhaber looked at Mr. Yates. “That’s all right with me, your honor. My clients, so far as I know, don’t own a single machine.”

“Then, sergeant, will you write the order?”

“I got it already wrote.”

In the old Ninth Street station house, not used since the erection of the Belle Haven building further out, the machines had been stored pending court order for their disposal, and thither, around eight that night, flocked the photographers who had snapped the throng in the Hall of Justice. They were to take pictures of an ancient constabular rite: the destruction of equipment seized in a gambling raid. The attorneys were not there for the occasion, but Mr. Cantrell was, dressed in a neat pinstripe, with a white carnation in his buttonhole. His hair was rather specially combed, as was the hair of various officers, who opened the front door for the cameramen, and consulted with them as to the scene of the ceremony.

The big front room, with the old sergeant’s desk in it, seemed the only likely place, as the rest of the building was jammed with equipment to be destroyed. So the pitch was made there, and the police, with unusual courtesy, helped adjust lights, set up cameras, and pick out the most colorful equipment. Then two of them stepped forward, armed with axes. Then Mr. Cantrell was posed, and warned not to smile, as it was a solemn occasion. Then various prominent detectives were posed, in the background, to be “looking on,” in the picture caption, later.
Then the cameras began to shoot. Amid frantic cries of “Hold it,” “One more,” “Don’t drop that axe yet,” and so on, several more shots were made, and then abruptly, with scarcely a word of thanks, the photographers left, to rush their pictures into their papers.

Ben, who had sat to one side during this, now jumped forward, just in time to stop one of the axemen from crashing down on the machine, a beautiful thing that had been plugged into a socket and illuminated for the occasion. Mr. Cantrell looked at him questioningly, but he beckoned the new Chief back to one of the cells in the rear. “Joe, you ever been abroad?”

“No, Ben, I haven’t.”

“Neither have I, except once to Mexico.”

“Mexico, south of the Rio Grande.”

“Juarez, across the river from El Paso. Well, when I came back, I thought I’d bring in some perfume. Just a fool notion I had, but— ”

“Well, we all get drunk.”

“Just what I said to myself. Now get this: On some of that perfume, they got a rule that the customs officer has to destroy the label before it’s brought in. You got that?”

“Gee, you sure can spread light, Ben.”

“You know how he destroyed it?”

“No, but I’m dying to hear.”

“He drew a blue pencil across it. He made one blue mark on it, and legally that destroyed it. Listen, Joe, if one blue mark will destroy a label, why won’t it destroy a pinball machine?”

Mr. Cantrell jammed his hands into his trousers pockets and stared at Ben for a long time. “Say, you can think of things, can’t you?”

“I do my best.”

“You mean, destroy it
legally?”

“Yeah, legally.”

“If you got a blue pencil, I could try.”

“I got one, right here.”

“Then we’ll see.”

“And one other thing.”

“Yeah, Ben?”

“You’ll want those trucks again, hey? To haul the destroyed machines over to the Reservoir Street dump?”

“Why—they got to be put
some
place.”

“O.K.—I’ll have them here tonight. And if you don’t mind, have a police photographer at that dump tomorrow, to take pictures of the destroyed machines. Of course they’ll be nothing but junk, but it’ll prove I hauled them—and that you destroyed them.”

“Funny how a blue pencil ruins stuff, isn’t it?”