had said, he was tired, yet despite his need of complete rest his thoughts persisted in rehearsing all the intricate details of the reasoning which had at last led him to the solution of the mystery. As he lay in his upper berth awake these words reached his ears:
"If I knew that man Barnes was after me, I should simply surrender."
This promised to be the beginning of an entertaining conversation, and as he could not sleep, Mr. Barnes prepared to listen. Extensive experience as a detective had made him long ago forget the philosophic arguments for and against eavesdropping. The voice which had attracted him was low, but his ears were keen. He located it as coming from the section next ahead of his, number eight. A second voice replied:
"I have no doubt that you would. But I wouldn't. You overestimate the ability of the modern detective. I should actually enjoy being hounded by one of them. It would be so much pleasure, and I think so easy, to elude him."
The last speaker possessed a voice which was musical, and he articulated distinctly, though he scarcely ventured above a loud whisper. Mr. Barnes cautiously raised his head, arranging his pillows so that his ear would be near the partition. Fortunately, the two men next to him had taken the whole section, and the upper berth had been allowed to remain closed. Mr. Barnes now found that he could readily follow the conversation, which continued thus:
"But see how that Barnes tracked this Pettingill day and night until he had trapped him. Just as the fellow supposed himself safe, he was arrested. You must admit that was clever work."
"Oh, yes, clever enough in its way, but there was nothing specially artistic about it. Not that the detective was to blame; it was the fault of the criminal. There was no chance for the artistic." Yet Mr. Barnes had used that very adjective to himself in commenting upon his conduct of this case. The man continued: "The crime itself was inartistic. Pettingill bungled, Barnes was shrewd enough to detect the flaw, and with his experience and skill in such cases the end was inevitable."
"It seems to me either that you have not read the full account of the case, or else you do not appreciate the work of the detective. Why, all the clue he had was a button."
"Ah! Only a button—but such a button! That is where I say that the criminal was inartistic. He should not have lost that button."
"It was an accident I suppose, and one against which he could not have guarded. It was one of the exigencies of his crime."
"Exactly so; and it is these little accidents, always unforeseen, though always occurring, which hang so many, and jail so many, and give our detectives such an easy road to fame. That is the gist of the whole matter. It is an unequal game, this between the criminal and the detective."
"I don't catch what you are driving at?"
"I'll give you a dissertation on crime. Attend! In ordinary business it is brains versus brains. The professional man contends with his fellows, and if he would win the race towards fortune he must show more brains. The commercial man competes with other tradesmen all as clever as himself. So it goes from the lawyer to the locksmith, from the preacher to the sign painter. It is brains rubbing against brains, and we get the most polished thought as the result. Thus the science of honest living progresses."
"What has this to do with the criminal class?"
"One moment. Let the philosopher teach you in his own way. With the criminal it is different. He is matched against his superior. Those in his own class do not contend with him; they are rather his partners, his 'pals,' as they term it. His only contention therefore is with the detective who represents society and the law. No man, I suppose, is a criminal from choice, and it is the criminal's necessity which leads to his detection."
"Then all criminals should be caught."
"All criminals should be caught. That they are not is a strong argument against your detective; for every criminal, we may say is actuated by necessity, and therein lies the possibility of his defeat. For example: You may claim that the expert burglar lays his plans in advance, and that the crime being premeditated he should be able to make such careful pre-arrangements that he could avoid leaving tell-tale marks behind him. This, however, is rarely the case, for this reason: the unexpected often, if not always, happens, and for that he has not prepared. In a moment he sees prison ahead of him, and his fear steals away his caution, so that, as we have seen, he does leave a clue behind him."
"But when you say the unexpected happens, you admit the possibility for that to occur which could not have been premised, and therefore could not have been guarded against."
"That is true as the case stands. But remove the necessity which actuates our criminal, and make of him simply a scientific man pursuing crime as an art! In the first place, we get an individual who will prepare for more accidents, and secondly, would know how best to meet emergencies which occur during the commission of his crime. For example: if you will pardon the conceit, were I to attempt a crime I should be able to avoid detection."
"I should think that from your inexperience as a criminal you would be run to earth—well, about as quickly as this man Pettingill. This was his first crime you know."
"Would you be willing to make a wager to that effect?" This last remark fairly startled Mr. Barnes, who instantly understood the meaning, which, however, at first escaped the other listener. He waited eagerly for the reply.
"I don't grasp the idea. Make a wager about what?"
"You said that were I to commit a crime I should be captured about as quickly as Pettingill. If you wish, I will wager that I can commit a crime which will be as much talked of as his, and that I will not be captured, or rather I should say convicted. I would not bet against arrest; for, as we have seen in this very case, the innocent are sometimes incarcerated. Therefore I stipulate for conviction."
"Do I understand you to seriously offer to commit a crime merely to decide a wager? You astound me!"
"No more perhaps than Pettingill has surprised his friends. But don't be alarmed; I shall assume all responsibility. Besides, remember it is not crime that is scowled upon in this century, but detection. I wager with you against that. Come, what do you say; shall it be a thousand dollars? I want a little excitement!"
"Well, you shall have it. At least you shall have the excitement of paying the thousand dollars to me; for though I think you are not really intending to become a criminal, in either event I may as well profit by your offer."
"What do you mean by 'in either event'?"
"Why, if you do not commit a crime you pay; and if you do, I am sure that you would be caught. Then, however much I should regret your disgrace, I warn you that I should cut you dead, and take your money."
"Then you accept the wager?"
"I do!"
"Done. Now for the conditions. I am to have one month in which to plan and commit my crime, and one year for avoiding the detectives. That is, if I am free at the end of one year, and can prove to you that I committed a crime within the stipulated period, I win the wager. If I am in jail awaiting trial, the bet cannot be settled until the law has had its way, and I am either proven innocent or guilty. Is that satisfactory?"
"Perfectly. But what class of crime will you commit?"
"My friend you are inquisitive. The wager is on, and my boasted caution must begin. Therefore, I must not tell you anything of the nature of my intended crime!"
"Why, do you suppose for an instant that I would betray you?"
"Well, yes, that idea does occur to me. Listen. As I said before, the necessities of the criminal prove his Nemesis. The necessities involve the object of the crime. That is always a good starting-point in following up a mysterious case. The more unusual the object the better, since it will fit fewer people. Plunder is the commonest and therefore the least promising to trace from. Revenge is common also, but better, because the special revenge connected with the deed must lead to the special individual most likely to execute such revenge. In this instance, I mean my own case, the object of the crime