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“So you did. Now let’s suppose something. Suppose that a lawyer has been retained to represent Mr. Berin, and I have been engaged to discover evidence in Berin’s defense. Suppose further that I have discovered such evidence, of a weight that would lead inevitably to his acquittal when you put him on trial, and it is felt that it would be imprudent to disclose that evidence to you, the enemy, for the present. Suppose you demand that I produce that evidence now. It’s true, isn’t it, that you couldn’t legally enforce that demand? That such evidence is our property until the time we see fit to make use of it—provided you don’t discover it independently for yourselves?”

Tolman was frowning. “That’s true, of course. But damn it, I’ve told you that if the evidence against Berin can be explained—”

“I know. I offer, here and now, an explanation that will clear him; but I offer it on conditions.”

“What are they?”

Wolfe sipped cocoa and wiped his lips. “They’re not onerous. First, that if the explanation casts strong doubt on Berin’s guilt, he is to be released immediately.”

“Who will decide how strong the doubt is?”

“You.”

“All right, I agree. The court is sitting and it can be done in five minutes.”

“Good. Second, you are to tell Mr. Berin that I discovered the evidence which set him free, I am solely responsible for it, and God only knows what would have happened to him if I hadn’t done it.”

Tolman, still frowning, opened his mouth, but the sheriff put in, “Now wait, Barry. Hold your horses.” He squinted down at Wolfe. “If you’ve really got this evidence it must be around somewhere. I suppose we’re pretty slow out here in West Virginia—”

“Mr. Pettigrew. Please. I’m not talking about the public credit, I’m not interested in it. Tell the newspaper men whatever you want to. But Mr. Berin is to know, unequivocally, that I did it, and Mr. Tolman is to tell him so.”

Tolman asked, “Well, Sam?”

The sheriff shrugged. “I don’t give a damn.”

“All right,” Tolman told Wolfe. “I agree to that.”

“Good.” Wolfe set the cocoa cup down. “Third, it is understood that I am leaving for New York at 12:40 to-night and under no circumstances—short of a suspicion that I killed Mr. Laszio myself or was an accomplice—am I to be detained.”

Pettigrew said good-humoredly, “You go to hell.”

“No, not hell.” Wolfe sighed. “New York.”

Tolman protested, “But what if this evidence makes you a material and essential witness?”

“It doesn’t, you must take my word for that. I’m preparing to take yours for several things. I give you my word that within thirty minutes you’ll know everything of significance that I know regarding that business in the dining room. I want it agreed that I won’t be kept here beyond my train time merely because it is felt I might prove useful. Anyway, I assure you that under those circumstances I wouldn’t be useful at all; I would be an insufferable nuisance. Well, sir?”

Tolman hesitated, and finally nodded. “Qualified as you put it, I agree.”

If there is a way a canary bird sighs when you let it out of a cage, Wolfe sighed like that. “Now, sir. The fourth and last condition is a little vaguer than the others, but I think it can be defined. The evidence that I am going to give you was brought to me by two men. I led up to its disclosure by methods which seemed likely to be effective, and they were so. You will resent it that these gentlemen didn’t give you these facts when they had an opportunity, and I can’t help that. I can’t estop your feelings, but I can ask you to restrain them, and I have promised to do so. I want your assurance that the gentlemen will not be bullied, badgered or abused, nor be deprived of their freedom, nor in any way persecuted. This is predicated on the assumption that they are merely witnesses and have no share whatever in the guilt of the murder.”

The sheriff said, “Hell, mister, we don’t abuse people.”

“Bullied, badgered, abused, deprived of freedom, persecuted, all excluded. Of course you’ll question them as much as you please.”

Tolman shook his head. “They’ll be material witnesses. They might leave the state. In fact, they will. You’re going to, to-night.”

“You can put them under bond to remain.”

“Until the trial.”

Wolfe wiggled a finger. “Not Mr. Berin’s trial.”

“I don’t mean Berin. If this evidence is as good as you say it is. But you can be damn sure there’s going to be a trial.”

“I sincerely hope so.” Wolfe was breaking off a piece of roll and buttering it. “What about it, sir? Since you want to get to court. I’m not asking much; merely a decent restraint with my witnesses. Otherwise you’ll have to try to dig them out for yourself, and in the meantime the longer you hold Mr. Berin the more foolish you’ll look in the end.”

“Very well.” The blue-eyed athlete nodded. “I agree.”

“To the condition as I have stated it?” Yes.

“Then the preamble is finished.—Archie, bring them in.”

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