The chief shook his head in admiration. “He’s got you fair and square, Charlie. The fact that it is an empty plastic barrel just about kills your case.”
“Well, I’m a city boy myself and I don’t know about plastic barrels. But that’s not all there is to my argument by a long shot. How about bringing the car right up against the rear wall of the garage? That’s a mighty neat trick for a guy too soused to know enough not to turn off the ignition.”
The chief looked at the rabbi for an answer but he seemed not to have heard. In fact, he seemed to have forgot they were there, for he was leaning back in his chair, his eyes focused on the ceiling.
“What do you say to that, Rabbi?” asked Beam.
The rabbi disregarded the question.
“There is another facet of Talmudic reasoning,” he said, and his voice was withdrawn as though he were talking to himself. “It is the im kain argument. The words mean ‘if so,’ and it is essentially a sort of reductio ad absurdum. In the present case, it would go like this: if the car was so near the side of the garage, how could he get out on the driver’s side? And if it were so near the barrel, how could he get out on the other side?”
Lanigan looked at the rabbi in surprise. “But you’ve already answered that. You proved that the barrel was no obstruction.”
“It was no obstruction to the car, but it was an obstruction to Hirsh.”
Lanigan was exasperated. “Dammit, Rabbi, you can’t have it both ways. You pointed out that an empty plastic barrel was no obstruction, and now you say it is.”
The rabbi nodded. “Precisely. It was no obstruction to a man driving a car, but it was an obstruction to Hirsh going to lower the garage door.”
“Why? He had only to nudge it aside with his foot.”
“But he didn’t, because it was still there when you found him and took your picture.”
“I’m not sure I understand what you’re driving at,” said Lanigan.
“Include me,” said Beam.
“Very well. Hirsh brings the car to a stop. He can’t get out on the driver’s side. No room. So he gets out on the passenger side. He nudges the barrel out of the way, walks to the front of the garage and pulls the door down. Very good! Now he comes back to the front seat of the car. He passes the barrel. What does he do? Pull it back in position again? Why would he do that?”
“Why-why he must have,” exclaimed Lanigan. “Or maybe when he pushed it away the first time, he pushed it so hard he sent it spinning and-no, that doesn’t make sense either.” He glared at the rabbi. “Dammit, we know he couldn’t get out on the driver’s side. We know that. It was physically impossible. And now it seems he didn’t get out on the other side. But those are the only two ways of getting out of the car, so-”
“Go on, say it. If he didn’t get out on either side, then he didn’t get out of the car. But the garage door was down, so it must have been pulled down by someone else. And that person, in all likelihood, was the driver. And Hirsh was sitting on the passenger side, because he was indeed the passenger. And that in turn could explain how a man could consume a pint of liquor and yet travel by automobile ten miles or more and park his car in his garage. There was no problem because he was not driving; he was being driven. And when they got to the garage, the driver, a much thinner person than Hirsh, got out of the car on the driver’s side, pulled down the garage door and walked away. And Hirsh did nothing about it because he was either too drunk to know what was happening, or more likely, had passed out completely.”
Lanigan stared at the rabbi. “But that’s murder!”
The rabbi nodded…
An hour later, they were still at it.
“It’s crazy, Rabbi.”
“But it fits all the facts. There are obvious objections to suicide, and similar strong arguments against accidental death, but there are no logical arguments against murder. On the contrary, murder explains everything.”
“And I thought I was in the clear,” said Lanigan ruefully.
“Are you going to report it to the district attorney?” asked the rabbi.
“I can’t right now. First I’ve got to check it out.”
“Check it out how?”
“I’ve got to talk to my boys. Maybe they didn’t shoot that picture as soon as they raised the garage door. Maybe they circled the car first, I don’t know, but I’ve got a lot of questions.”
The chief was unhappy. “Hell, I’ll need some kind of legal proof. I can’t go to the D.A. and he can’t go to a jury with this-this chop logic of yours, Rabbi. I’m not even sure I could repeat it. I need something definite. I’ve got to be able to prove beyond a doubt that the barrel wasn’t moved. I’ve got to prove beyond a doubt that Hirsh couldn’t have got by that barrel. I’ve got to have accurate measurements.”
“You said Hirsh was short, five feet three. The chances are the driver was taller,” said the rabbi. “Wouldn’t the position of the car seat-if it were pushed back, that is-indicate that someone else was driving?”
“You would bring that up,” said Lanigan morosely. “Trouble is, the police officer who found the body could have changed the position. If not, we probably would have done so to get the body out. In any case, Sergeant Jeffers, who is close to six feet, would have pushed it back to drive the car to the station, and even if he remembered doing it I couldn’t accept that as evidence. No, we flubbed it all right.” He threw up his hands. “But how could we know it was anything except a straightforward case of suicide or accident?”
“Fingerprints?” suggested Beam.
Lanigan shook his head dolefully. “We didn’t take any. Why should we? The patrolman who found him opened the car door, and later we were all over the car getting him out. Any fingerprints would be on the door handles, the steering wheel, and the gear shift, and they would be obliterated.”
“How about the light control?” asked the rabbi.
“You mean for the headlights?”
“Someone turned them off that night.”
“So?”
“Well, if the car was driven to the police garage by day, there’d be no need to put them on again.”
“By God, you’re right, Rabbi! They would have no reason to touch the button. It’s a chance. The car has been under seal ever since.”
He reached for the phone and dialed. “I’ll get Lieutenant Jennings-he’s our fingerprint expert.” Then into the phone, he said, “Eban, Lanigan. Meet me at the station house in five minutes. No, I’m not there yet but I’ll be there by the time you are. Come along, Rabbi?”
“I think he’d better stay right here,” said Miriam.
“Maybe you’re right. I’ll call you.”
“Mind if I go along, Chief?” asked Beam.
“Come on, if you’re sure you’re all through here.”
Beam’s eyes all but vanished as he smiled. “The rabbi has convinced me it’s murder. But I’ll be staying in town a little while. There are a few points I want to clear up. When I talked to Mrs. Marcus, she said they called home to say they’d be late and there was no answer. They tried again when they arrived at their friends’ house, and the phone rang for the longest time before Mrs. Hirsh answered. She said she’d been napping.”
“So?”
“So maybe the reason she didn’t answer was not because she was asleep but because she wasn’t there.”
“Mrs. Hirsh?” Lanigan exclaimed. “But how could she be involved? She doesn’t know how to drive.”
“She doesn’t have to-only how to pull down the garage door.”
“You mean she might have done it? Mrs. Hirsh?”
“Done it, or helped to do it.”
“Why do you want to pin it on her?”
Beam smiled. “Because the law says a murderer can’t benefit from his crime.”
“Rabbi?” It was Chief Lanigan calling from the station.
“Yes?” He had been pacing the floor impatiently, waiting for the call. The moment the phone rang he snatched it up.
“There were no prints on the light button.”