The Saint shrugged.
"Well, he hasn't been acquitted."
"No, he hasn't been acquitted." The detective's tone was blunt and sardonic. "Lucky Joe's luck didn't hold that far. But what the hell? The next jury that takes the case can't help rememberin' that the first jury disagreed, and that means it '11 be twice as hard to make 'em find him guilty. And nobody cares so much about a second trial. I don't say we won't get him eventually — the Feds might have got him this time if one of the witnesses hadn't been taken for a ride and a couple of others hadn't disappeared. But look what they're tryin' to get him for. Income tax!"
"It's been used before."
"Income tax!" Fernack took the words in his teeth and worried it like a dog. The smouldering heat of his indignation came up into his eyes. "What did think that means? All it means is that everybody else who ought to of put Luckner away has fallen down. All it means is that so many crooked politicians and crook lawyers an' crook police chiefs have been playing ball with him so long that now there ain't any other charge left to bring against him. All it means is that for fifteen years this guy Luckner has been a racketeer and a murderer, and now the only rap they can stick on him is that he never paid any income tax!"
The Saint nodded thoughtfully. "You know all these things about him are true?" "Listen," said Fernack with fierce and caustic restraint. "When a guy who tried to muscle in on Luckner's territory was found dead in a ditch in the Bronx, you bet Luckner didn't have nothin' to do with it. When a cop tried to stop one of Luckner's beer trucks back in prohibition days and got shot in the belly, you bet Luckner was sorry for him. Yeah, Luckner would always be sorry for a fool cop who butted in when the guys higher up said to lay off. When half-a-dozen poolroom keepers got beaten up because they don't join Luckner's poolroom union, you bet Luckner cried when he heard about it. And when one of the witnesses against him in this trial gets bumped off and two others fade away into thin air, you take your shirt off and bet everything you've got it just makes Lucky Joe's heart bleed to think about it." Fernack took the cigar out of his mouth and spat explosively. "You know your way around as well as I do, Saint, or you used to. And you ask me that!"
Simon swung a long leg over the arm of his chair and gazed at the detective through the drifting smoke of his cigarette with a glimpse of idle mockery twinkling; deep down in his blue eyes.
"One gathers that Lucky Joe wouldn't be so lucky if you got him alone in a back alley on a dark night," he remarked.
"Say, listen." Fernack's huge hands rested on the top of his desk, solid as battering rams, looking as if they could have crashed clean through the fragile timber if he had thumped it to emphasize his point. "If they put Luckner in the chair six days runnin' and fried him six times he wouldn't get more than the law's been owin' him for the last ten years. That guy's a rat an' a killer — a natural born louse from the day he was weaned—"
He stopped rather abruptly, as though he had only just realised the trend of his argument. Perhaps the quietly speculative smile on the Saint's lips, and the rakish lines of the dark fighting face, brought back too many memories to let him continue with an easy conscience. For there had been days, before that tacit amnesty to which the editorial writer of the New York Daily Mail had referred, when that lean debonair outlaw lounging in his armchair had led the New York police a dance that would be remembered in their annals for many years — when the elusive figure of the Saint had first loomed up on the dark horizons of the city's underworld and taken the law into his own hands to such effect that fully half-a-dozen once famous names could be found carved on tombstones in certain cemeteries to mark the tempestuousness of his passing.