"The thing is," Kaplan said, "even supposing there was time, or discounting the girlfriend's alibi altogether and only accepting the times substantiated by unbiased witnesses, how could he possibly have done it? Say he sneaks home sometime after the Spanish kids have paid their visit and before four A.M., which was the latest the murder could have taken place. Where was she all this time? According to Cruz and Herrera, there was nobody home. Well, where did he find her to kill her? What did he do, haul her around in the trunk all night?"
"Let's say he killed her before they got there," I suggested.
"And I'mlookin ' to hire this guy," Tommy said. "I got an instinct, you know what I mean?"
"Doesn't work," Kaplan said. "In the first place the times simply won't fit. He'salibied solid from before eight until past midnight, out in public with the girl. The M.E. says she was definitely alive at ten, that's the absolute earliest she could have been killed. Plus even forgetting the times it doesn't work. How could they go in, rob the whole house, and not see a dead woman in the bedroom? They were in that room, they were in possession of stolen articles from that room,I think they even found prints in there. Well, the police found the corpse of MargaretTillary in that room, too, and it's the sort of thing they probably would have noticed."
"Maybe the body was covered up." I thought of Skip's bigMosler safe. "Locked in a closet they didn't look in."
He shook his head. "The cause of death was stabbing. There was a lot of blood and it was all over the place. The bed was soaked, the bedroom carpet." We both avoided looking at Tommy. "So she wasn't killed elsewhere," he concluded. "She was killed right there, and if it wasn't Herrera did itit was Cruz, and either way it wasn't Tommy."
I looked for a hole in it and couldn't find one. "Then I don't see what you need me for," I said. "The case against Tommy sounds pretty thin."
"So thin there isn't any case."
"Then-"
"The thing is," he said, "you get near a courtroom with something like this and even if you win you still lose. Because for the rest of your life all everybody remembers about youis you once stood trial for murdering your wife. Never mind that you won an acquittal. Everybody just figures some Jew lawyer bought a judge or conned a jury."
"So I'll get a guinea lawyer," Tommy said, "and they'll think he threatened the judge and beat up the jury."
"Besides," Kaplan said, "you never know which way a jury's going to jump. Remember, Tommy's alibi is he was with another woman at the time of the burglary. The woman's a colleague, they could choose to regard it as completely aboveboard, but did you see the piece in the Post? Whatjuries'll go and do, they decide they don't believe the alibi because it's your girlfriend lying for you, and at the same time they label you a scumbag for getting your carrot scraped while your wife's getting killed."
"You keep it up," Tommy said, "I'll find my own self guilty, the way you make it sound."
"Plus he's hard to get a sympathetic jury for. He's a big handsome guy, a sharp dresser, and you'd love him in a gin joint but how much do you love him in a courtroom? He's a telephone securities salesman, perfectly respectable thing to be, calls you up,advises you how to invest your money.Fine. That means every clown who ever lost a hundred dollars on a stock tip or bought magazine subscriptions over the phone is going to walk into the courtroom with ahardon for him. I'm telling you, I want to stay the hell out of court. I'll win in court, I know that, or worse comes to worst I'll win on appeal, but who needs it? This is a case that shouldn't be in the first place, and what I'd love is to clear it up before they even go so far as presenting a bill to the grand jury."
"So from me you want-"
"Whatever you can find out, Matt.Whatever discredits Cruz andHerrera. I don't know what's there to find. I'd love it if you could find blood, their clothes with stains on it, anything like that. The point is that I don't know what's there to be found, and you were a cop and now you're working private, and you can get down in the streets and the bars and nose around.You familiar withBrooklyn?"
"Parts of it.I worked over here, off and on."
"So you can find your way around."
"Well enough. But wouldn't you be better off with a Spanish-speaker? I know enough to buy a beer in a bodega, but I'm a long way from fluent."
"Tommy says he wants somebody he can trust, and he was very adamant about calling you in. I think he's right. A personal relationship's worth more than a dime's worth of 'MellamoMatteoycomoestáusted?' "
"That's the truth," TommyTillary said. "Matt, I know I can count on you, and that's worth a lot."
I wanted to tell him all he could count on were his fingers, but why was I trying to talk myself out of a fee? His money was as good as anybody else's. I wasn't sure I liked him, but I was just as happy not to like the men I worked for. It bothered me less that way if I felt I was giving them less than full value.
And I didn't see how I could give him much. The case against him sounded loose enough to fall apart without my help. I wondered if Kaplan just wanted to create some activity to justify a high fee of his own, in the event that the whole thing blew itself out in a week's time. That was possible, and that wasn't my problem, either.
I said I would be glad to help. I said I hoped I would be able to come up with something useful.
Tommy said he was sure I could.
Drew Kaplan said, "Now you'll want a retainer. I suppose that'll be an advance against a per diem fee plus expenses, or do you bill at hourly rates? Why are you shaking your head?"
"I'm unlicensed," I said. "I have no official standing."
"That's no problem. We can carry you on the books as a consultant."
"I don't want to be on the books at all," I said. "I don't keep track of my time or expenses. I pay my own expenses out of my own pocket. I get paid in cash."
"How do you set your fees?"
"I think up a number. If I think I should have more coming when I'm finished, I say so. If you disagree, you don't have to pay me. I'm not going to take anybody to court."
"It seems a haphazard way to do business," Kaplan said.
"It's not a business. I do favors for friends."
"And take money for them."
"Is there anything wrong with taking money for a favor?"
"I don't suppose there is." He looked thoughtful. "How much would you expect for this favor?"
"I don't know what's involved," I said. "Suppose you let me have fifteen hundred dollars today. If things drag on and I feel entitled to more, I'll let you know."
"Fifteen hundred.And of course Tommy doesn't know exactly what he's getting for that."
"No," I said. "Neither doI."
Kaplan narrowed his eyes. "That seems high for a retainer," he said. "I'd have thought a third of that would be ample for starters."
I thought of my antique dealer friend. Did I know what it was tohondle? Kaplan evidently did.
"It's not that much," I said. "It's one percent of the insurance money, and that's part of the reason for hiring an investigator, isn't it? The company won't pay off until Tommy's in the clear."
Kaplan looked slightly startled. "That's true," he admitted, "but I don't know that it's the reason for hiring you. The company will pay up sooner or later. I don't think your fee is necessarily high, it just seemed a disproportionately large sum to lay out in advance, and-"
"Don't argue price," Tommy cut in. "The fee sounds fine to me, Matt. The only thing is, being a little short right now, and coming up with fifteen C in cash-"
"Maybe your lawyer will front it to you," I suggested.
Kaplan thought that was irregular. I went into the outer office while they talked it over. The receptionist was reading a copy of Fate magazine. A pair of hand-tinted etchings in antiqued frames showed scenes of nineteenth-century downtownBrooklyn. I was looking at them when Kaplan's door opened and he beckoned me back inside.