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Double Indemnity - James M. Cain [24]

By Root 342 0
now: Whoever pulled this was no punk. He, or she, or maybe the both of them, or the three of them or however many it took—knew what they were doing. They're not going to be caught just by your sitting around hoping for clues. They thought of clues. There aren't any. The only way you're going to catch them is to move against them. I don't care if it's a battle or a murder case, or whatever it is, surprise is a weapon that can work. I don't say it will work. But I say it can work. And I say nothing else is going to work."

"But Keyes, we can't do things like that."

"Why not?"

"Keyes, we've been over that a million times, every insurance company has been over it a million times. We have our practice, and you can't beat it. These things are a matter for the police. We can help the police, if we've got something to help with. If we discover information, we can turn it over to them. If we have our suspicions, we can communicate them to them. We can take any lawful, legitimate step—but as for this—"

He stopped. Keyes waited, and he didn't finish.

"What's unlawful about this, Mr. Norton?"

"Nothing. It's lawful enough—but it's wrong. It puts us out in the open. It leaves us with no defenses—in case we miss on it. I never heard of a thing like that. It's—tactically wrong, that's what I'm trying to say."

"But strategically right."

"We've got our strategy. We've got our ancient strategy, and you can't beat it. Listen, it can be suicide. We can affirm our belief that it's suicide, at the proper time, and we're safe. The burden of proof is on her. That's what I'm trying to say. Believe me, on a keg of dynamite like this, I don't want to get myself in the position where the burden of proof is on us."

"You're not going to move against her?"

"Not yet, Keyes, not yet. Maybe later, I don't know. But so long as we can do the conservative, safe thing, I don't get mixed up with the other kind."

"Your father—"

"Would have done the same thing. I'm thinking of him."

"He would not. Old Man Norton could take a chance."

"Well I'm not my father!"

"It's your responsibility."

I didn't go to the inquest, Norton didn't, and Keyes didn't. No insurance company can afford to let a jury know, whether it's a coroner's jury or any other kind of jury, that a dead man is insured. It just gets murdered if that comes out. Two investigators were sent over, guys that look like everybody else and sit with the newspaper men. We got what happened from them. They all identified the body and told their story, Phyllis, the two conductors, the red-cap, the porter, a couple of passengers, the police, and especially this guy Jackson, that pounded it in that I tried to get rid of him. The jury brought in a verdict "that the said Herbert S. Nirdlinger came to his death by a broken neck received in a fall from a railroad train at or about ten o'clock on the night of June 3 in a manner unknown to this jury." It took Norton by surprise. He really hoped for a suicide verdict. It didn't me. The most important person at the inquest never said a word, and I had beat it into Phyllis' head long before that he had to be there, because I had figured on this suicide stuff, and we had to be ready for it. That was the minister that she asked to come with her, to confer with the undertaker on arrangements for the funeral. Once a coroner's jury sees that it's a question of burial in consecrated ground, the guy could take poison, cut his throat, and jump off the end of a dock, and they would still give a verdict, "in a manner unknown to this jury."

After the investigators told their story, we sat around again, Norton, Keyes, and myself, in Norton's office this time. It was about five o'clock in the afternoon. Keyes was sore. Norton was disappointed, but still trying to make it look like he had done the right thing. "Well, Keyes, we're no worse off."

"You're no better off."

"Anyway, we haven't done anything foolish."

"What now?"

"Now? I follow practice. I wait her out. I deny liability, on the ground that accident is not proved, and I make her sue. When she sues, then we'll

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