Miss Hoffman was a helpful and intelligent witness for the prosecution. Her knowledge of conditions at the Benson and Benson offices went far toward strengthening the case against the Major.
Mrs. Platz also testified to overhearing acrimonious arguments between the brothers. She stated that less than a fortnight before the murder the Major, after an unsuccessful attempt to borrow $50,000 from Alvin, had threatened him, saying: “If I ever have to choose between your skin and mine, it won’t be mine that’ll suffer.”
Theodore Montagu, the man who, according to the story of the elevator boy at the Chatham Arms, had returned at half past two on the night of the murder, testified that, as his taxicab turned in front of the apartment house, the head-lights flashed on a man standing in a tradesmen’s entrance across the street, and that the man looked like Major Benson. This evidence would have had little effect had not Pfyfe come forward after the arrest and admitted seeing the Major crossing Sixth Avenue at Forty-sixth Street when he had walked to Pietro’s for his drink of Haig and Haig. He explained that he had attached no importance to it at the time, thinking the Major was merely returning home from some Broadway restaurant. He himself had not been seen by the Major.
This testimony, in connection with Mr. Montagu’s, annihilated the Major’s carefully planned alibi; and though the defense contended stubbornly that both witnesses had been mistaken in their identification, the jury was deeply impressed by the evidence, especially when Assistant District Attorney Sullivan, under Vance’s tutoring, painstakingly explained, with diagrams, how the Major could have gone out and returned that night without being seen by the boy.
It was also shown that the jewels could not have been taken from the scene of the crime except by the murderer; and Vance and I were called as witnesses to the finding of them in the Major’s apartment. Vance’s demonstration of the height of the murderer was shown in court, but, curiously, it carried little weight, as the issue was confused by a mass of elaborate scientific objections. Captain Hagedorn’s identification of the pistol was the most difficult obstacle with which the defense had to contend.
The trial lasted three weeks, and much evidence of a scandalous nature was taken, although, at Markham’s suggestion, Sullivan did his best to minimize the private affairs of those innocent persons whose lives unfortunately touched upon the episode. Colonel Ostrander, however, has never forgiven Markham for not having had him called as a witness.
During the last week of the trial Miss Muriel St. Clair appeared as prima donna in a large Broadway light-opera production which ran successfully for nearly two years. She has since married her chivalrous Captain Leacock, and they appear perfectly happy.
Pfyfe is still married and as elegant as ever. He visits New York regularly, despite the absence of his “dear old Alvin”; and I have occasionally seen him and Mrs. Banning together. Somehow, I shall always like that woman. Pfyfe raised the $10,000—how, I have no idea—and reclaimed her jewels. Their ownership, by the way, was not divulged at the trial, for which I was very glad.
On the evening of the day the verdict was brought in against the Major, Vance and Markham and I were sitting in the Stuyvesant Club. We had dined together, but no word of the events of the past few weeks had passed between us. Presently, however, I saw an ironic smile creep slowly to Vance’s lips.
“I say, Markham,” he drawled; “what a grotesque spectacle the trial was! The real evidence, y’ know, wasn’t even introduced. Benson was convicted entirely on suppositions, presumptions, implications and inf’rences. . . . God help the innocent Daniel who inadvertently falls into a den of legal lions!”