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Contents vii

Classification and Definitions of Major Crimes 86


Violent Crime 86
Crimes against Property 88
Crimes Excluded from the Uniform Crime Reports 90
Theories of Criminality and Causes of Crime 99
Classical versus Positivist Theory of Crime 99
Nature versus Nurture 100
Other Theories to Explain Criminality 101
Offenders 104
Career Criminals or Recidivists 104
Juvenile Offenders 105
Victims of Crime and Violence 106
Types of Victims 106
Victimization Factors—Who Is at Risk? 107
Other Factors in Victimization 107
Effects of Victimization 108
Fear of Victimization 108
The “Second Wound”: Further Victimization by the Criminal Justice System 109
Support Groups to Assist Victims 110
The Movement toward Crime Victims’ Rights—A Brief Historical Overview 110
Programs and Services for Crime Victims 112
A Parallel Justice System for Victims? 112
The Police Role 113
Police Officers as Victims 114

SECTION II:
CONTEMPORARY LAW ENFORCEMENT 119
Chapter 4: Today’s Police and Police Agency:
An Overview 121
Introduction 122
Policing and the People 124
The Police Role 125
Traditional Functions of Policing 126
Contemporary Goals Resulting from Community Policing 132
Organization of the Police Department 132
Administrative Services 134
Field Services 143
Rural Policing 145
The Police Organizational Culture 146
Styles of Policing: A Call For Change 148
The Police Image 151
Factors Influencing Police Image 152
Stereotypes 153
Satisfaction with and Confidence in the Police 155

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viii Contents

Chapter 5: Policing in a Post-9/11 Society 159


Introduction 160
Contemporary Community Policing 161
The Importance of Community 165
Serving and Protecting Our Increasingly Diverse Population 169
Involving and Educating Citizens 171
Partnerships 173
Changes in Management Style and Organization 181
Potential Benefits of Community Policing 182
Resistance to and Pitfalls in Implementing Community Policing 182
Evaluating Progress 185
Problem-Solving Policing 186
The Key Elements of Problem-Solving Policing 188
The SARA Model of Problem Solving 189
Common Barriers to and Mistakes in Problem Solving 190
Data-Driven Strategies to Policing 190
CompStat Policing 191
Intelligence-Led Policing 193
Evidence-Based Policing 197
Data-Driven Approaches to Crime and Traffic Safety 201
Predictive Policing 201
Putting it all Together: the Safe City Program 203
Chapter 6: Patrol: The Backbone of Policing 209
Introduction 210
Patrol Officer Responsibilities and Functions 211
Management of Patrol Operations 213
Patrol Techniques and Strategies 214
General Patrol 214
Directed Patrol 216
Activities While on Patrol 219
Responding to Calls for Service 219
Self-Initiated Tasks 221
Administrative Duties 223
Methods of Patrol 223
Foot Patrol 224
Automobile Patrol 225
Motorcycle Patrol 228
Bicycle Patrol 228
Segways 229
Mounted Patrol 230
Air Patrol 230
Water Patrol 231
Special-Terrain Patrol 231

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Contents ix

Combination Patrol 232


High Visibility versus Low Visibility 232
The Traffic Division: An Overview 233
Directing and Controlling Traffic 234
Enforcing Traffic Laws 234
Educating the Public 245
Assisting at and Investigating Traffic Crashes 245
Responsibilities of the Officer Called to a Crash Scene 246
Crash Reconstruction 247
Chapter 7: Specialized Roles of Police 252
Introduction 253
The Advantages and Disadvantages of Specialization 254
Investigators 254
The Preliminary Investigation 255
The Follow-Up Investigation 257
General Investigative Responsibilities 257
Identifying Missing Persons and Human Remains 266
Crime Scene Investigators 266
Forensic Scientists 268
Fingerprints 269
DNA 270
Firearms 274
Criminal Investigative Analysts (AKA Profilers) 275
Intelligence Officers 277
Undercover Officers 278
Internal Affairs 279
Juvenile Officers 280
Vice Officers 281
Gambling and Bookmaking 283
Prostitution and Pornography 283
Swat Officers 284
K-9 Units 286
Reserve Officers 289
Other Specialized Police 290

SECTION III:
CHALLENGES TO THE PROFESSION 295
Chapter 8: Policing within the Law 297
Introduction 298
Police Discretion and the Law 299
The Fourth Amendment 301
Reasonable 302
Probable Cause 302

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x Contents

The Police–Citizen Contact Continuum 303


Voluntary Contact 304
Investigative Detention:The Terry Stop 305
Road Blocks and Checkpoints 311
Lawful Searches 312
Searches Conducted with a Warrant 313
Searches Conducted without a Warrant 315
Lawful Arrests 327
Arrest Warrants 328
Arrests without a Warrant 328
Right to Resist Arrest 329
De Facto Arrests 329
Protecting a Suspect’s Rights—The Miranda Warning 330
Related Cases 332
Waiving the Right 333
Beachheading or “Question First” 334
The Public Safety Exception 334
How Long Do Miranda Warnings Last? 335
Protecting the Rights of Foreign Nationals 335
Involuntary Confessions 336
Entrapment 336
A Recap of the Landmark Cases 337
Chapter 9: Issues Concerning Police Conduct 346
Introduction 347
Discretion 348
Discrimination or Disparity in Policing: Gender, Class, and Race Issues 348
Gender Issues 350
Class Issues 350
Racial Issues 351
Use of Force 358
Gender and Use of Force 358
Use-of-Force Continuums 359
Sudden In-Custody Death 359
Reasonable Force 361
Excessive Force 362
Less-Lethal Force 363
Deadly Force 366
Use of Force and Race 368
Avoiding Use-of-Force-Related Problems 369
Officers’ Rights in Use-of-Force Lawsuits 371
Police Pursuits 371
To Pursue or Not to Pursue 372
Pursuit Policies 373
Liability in Police Pursuits 374

Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Contents xi

Civil Liability 375


Lawsuits and SWAT 376
Reducing Civil Liability 377
Corruption, Ethics, and Integrity 378
What Constitutes Corruption? 379
How Corruption Arises and Perpetuates 381
How Police Learn about Ethics 382
The Importance of Police Integrity and Core Virtues 383
Building an Ethical Department 384
Chapter 10: Gangs and Drugs: Threats to Our National Security 390
Introduction 391
The Threat of Gangs: Current Trends 391
Defining and Classifying Gangs 394
Street Gangs 395
Outlaw Motorcycle Gangs 397
Prison Gangs 400
Characteristics of Gangs 401
Criminal Activities 401
Organization 402
Leadership 403
Domain Identification 403
Symbols 403
Names 404
The Gang Subculture 404
Why People Join Gangs 405
Risk Factors 405
Responding to a Gang Problem 407
Gang Intelligence 407
Gang Control Strategies 408
Prosecuting Gang Members 415
Gangs, Drugs, Crime, and Violence 415
Drug Cartels 417
The Mexican Drug War 417
Other U.S. Borders 419
The History of Drug Use in the United States 419
National Drug Threat Assessment 420
Monitoring the Future 420
National Survey on Drug Use and Health 422
Controlled Substances: An Overview 422
Controlled Prescription Drugs 423
Heroin 424
Methamphetamine 425
Cocaine 427
Marijuana 427

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xii Contents

Synthetic Designer Drugs 428


Other Controlled Substances 428
Over-the-Counter Drugs 429
The “War on Drugs” and the National Drug Control Strategy 430
Prevention: Stopping Drug Use before It Starts 430
Treatment: Healing America’s Drug Users 432
Crime Control: Disrupting the Market 432
Punishment 436
Legalization 437
The Nexus Between Illicit-Drug Abuse and Crime 438
Chapter 11: Terrorism and Homeland Security 444
Introduction 445
What is Terrorism? 446
Asymmetric Warfare 447
The Evolution of Terrorist Ideology 448
Classification of Terrorist Acts 449
International Terrorism 449
Homegrown Violent Extremists 450
Domestic Terrorism 452
The “Lone Wolf” Offender 453
Motivations for Terrorism 453
Methods Used by Terrorists 454
Arson, Explosives, and Bombs 454
Weapons of Mass Destruction 457
Technological Terrorism 459
Kidnappings and Hostage-Takings 460
Active Shooters 460
The U.S. Response to 9/11—Detect, Prepare, Prevent, Protect,
Respond, and Recover 460
The Department of Homeland Security 461
The USA Freedom Act 462
Increased Border Security 463
The National Incident Management System 463
The National Response Framework 464
The National Response Plan 465
Intelligence Gathering and Sharing:The Need for Interoperability 465
Addressing Obstacles to Intelligence Sharing 467
The Critical Role of Local Law Enforcement in Homeland Security 467
Knowing the Enemy and Being Vigilant—Prevention 468
Completing Suspicious Activity Reports and Sharing Information 468
Preparing—The Agency and the Community 470
Practicing the Response 470
Assessing Risks and Identifying Potential Terrorist Targets 471
Being Proactive and Forming Partnerships 472

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Contents xiii

Responding to Terrorist Attacks 473


Investigating Terrorist Acts 473
Funding Terrorism 473
Terrorists as Criminals 474
Concerns Related to the War on Terrorism 474
Concern for Civil Rights 476
Retaliation or Discrimination against People of Middle Eastern Descent 476
A Final Consideration 477
Chapter 12: Becoming a Law Enforcement Professional 483
Introduction 484
Evaluating and Selecting an Agency for Employment 485
Desired Qualities of Law Enforcement Officers 486
Finding Qualified Applicants 487
Other Recruiting Challenges 489
Recruiting Strategies 490
The Law Enforcement Recruitment Toolkit 490
Recruiting for Diversity 491
The Importance of Hiring Well 493
The Selection Process 494
The Formal Application—Basic Requirements to Become a Police Officer 494
The Written Examination 499
Physical Fitness Tests 499
Psychological Testing 501
The Interview 501
The Background Investigation 502
Testing or Assessment Centers 503
The Medical Examination 504
The Final Result 504
Federal Guidelines and Regulations 504
Equal Employment Opportunity Act 505
Affirmative Action 505
Americans with Disabilities Act 507
Probation and Training 508
Training and Civil Liability 509
Retention 511
Why Officers Leave 511
Salary and Benefits 512
Elimination of Sexual Harassment 513
Stress and Burnout 514
Retention Strategies 516
Unions 516
Moonlighting 518
Accreditation 519

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xiv Contents

Police Professionalism 521


Specialized Knowledge 521
Autonomy 521
A Service Ideal 522

SECTION IV:
COURTS AND CORRECTIONS: LAW ENFORCEMENT’S
PARTNERS IN THE CRIMINAL JUSTICE SYSTEM 527
Chapter 13: U.S. Courts 529
Introduction 530
The Court System: An Overview 531
The State Court System 532
Juvenile Courts 532
The Federal Court System 534
The United States Supreme Court 535
Specialized Courts 535
Tribal Courts 536
Community Courts 536
Problem-Solving Courts 536
The Adversary System 540
Key Players in the Judicial Process 542
The Defendant 542
The Prosecutor 543
The Defense Attorney 545
The Judge 545
The Jury 545
Critical Stages in the Criminal Justice Process 546
Bail and Writ of Habeas Corpus 549
The Preliminary Hearing 549
The Arraignment 550
Omnibus Hearing 550
Alternatives to a Trial 551
Diversion 551
Plea and Charge Bargaining 552
The Trial 553
Jury Selection 553
Testimony 554
Closing Statements and Jury Deliberation 554
Sentencing 554
Case Review and Appeal 556
The Police Officer in Court 556
Preparing a Case for Prosecution 557
Appearing as a Witness 558

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Contents xv

Testifying under Direct Examination 560


Testifying under Cross-Examination 561
Expert Testimony 562
After Testifying 563
Courtroom Security 564
Chapter 14: Corrections 569
Introduction 570
An Overview of U.S. Corrections: Philosophy and Principles 571
Purposes and Goals of Corrections 571
Two Conflicting Views of Corrections 574
Correctional Ideologies and Models 575
Pretrial Services, Detention, and Diversion 576
Alternatives to Incarceration 577
Financial Sanctions: Fines, Forfeiture, and Restitution 578
Intensive Supervision Probation 578
House Arrest and Electronic Monitoring 579
Day Reporting Centers 579
Residential Community Corrections 579
Probation 579
Incarceration 581
Jails 581
Prisons 583
Parole 585
Who Gets Parole 586
Conditions of Parole 586
Pros and Cons of Parole 586
Police, Probation, and Parole 587
Reentry and Reintegration 588
Community-Based Reintegration Programs 588
Elements of Successful Reentry Programs 589
Death Row Versus Life Without Parole 590
Juvenile Corrections 592
Intermediate Sanctions for Juveniles 593
Residential Placement 594
Aftercare 595

APPENDIX A: State Hate Crime Statutory Provisions 601


GLOSSARY 604
AUTHOR INDEX 617
SUBJECT INDEX 621

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PrEfaCE

L
aw enforcement and criminal justice in the United States have evolved
tremendously since the country was founded more than 200 years ago.
Actually, the changes that have occurred in the past three decades alone
are impressive.
Most of you were not yet born when the first edition of this text was published
in 1979. Students studying law enforcement at that time were not exposed to the
breadth and depth of topics you are about to explore. The inaugural edition of
this book had no mention of the Internet, cybercrime, phishing, or identity theft.
Coverage of drugs did not include methamphetamine, spice, synthetic designer
drugs, or prescription drug abuse. There were no sections devoted to terrorism and
homeland security, school shootings, or hate crimes. Students did not learn about
use-of-force continuums, how to interact with the media, or how to communicate
with immigrant populations and increasingly diverse communities. Acronyms such
as BAC, DUI, CAD, GIS, MIS, IEDs, WMDs, HIV, and AIDS were meaningless.
Concepts such as racial profiling, accreditation, and community policing had not
yet taken shape. Clearly, the issues facing students of law enforcement and criminal
justice have changed substantially during the past 30 years.
Introduction to Law Enforcement and Criminal Justice was written to present
an overview of the field and the numerous complexities within it. It also seeks
to instill an appreciation for those who “serve and protect” our society and an
understanding of this exciting, challenging profession. The future of our lawful,
democratic society depends largely on those currently in the field of criminal
justice and those preparing to enter it. Law enforcement officers have awesome
power and tremendous responsibilities that must be met under constantly changing
circumstances and in a way that protects individual rights and society’s rights
simultaneously—a tremendous challenge.
When we wrote the first edition of this text more than 35 years ago, law
enforcement seemed more predictable and faced different challenges than it does
now. In the 1970s, law enforcement was focused on restoring its image after the
disturbances and civil unrest of the 1960s. It saw organized crime as a major
national threat. Crime fighting was its most obvious mission. Victims were seen
primarily as sources of information. AIDS, crack cocaine, drive-by shootings and
children shooting children, domestic violence, and terrorism were not perceived as
problems. The first edition contained no chapters on community policing, prob-
lem solving, juveniles, or victims because these were not priorities. The beginnings
of community policing could be seen, however, in the discussions of team policing
and community service—helping citizens help themselves. The first edition also

xvi

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Preface xvii

had no chapters on courts or corrections, focusing solely on the law enforcement


component of the criminal justice system.
This current edition recognizes the interrelationships of the components of
the criminal justice system and the need for coordination among them. As you
learn about law enforcement, you will find three recurring themes in this text. The
first theme is that of community or service orientation to law enforcement and
the critical importance of partnerships, viewing citizens as co-producers of justice.
A second theme is that of police officers as peace officers as well as crime fighters
and a concern for not only criminal justice but social justice as well—the need to
identify as guardians of their communities, not warriors. The third theme is that of
police officers’ discretion in their role as gatekeepers to the criminal justice system.
Each chapter in the text serves as an overview of an area that could be expanded
into an entire course.

MAJor FEATurES—ConTEXT THEMES


Not unexpectedly, the text begins with chapters that provide needed background
(Section I). Our present system of law enforcement did not just magically appear.
It has evolved slowly, shaped by numerous factors, including social and political
influences. Chapter 1 describes the evolution of law enforcement and the criminal
justice system from its ancient roots to the present system. Chapter 2 describes the
laws all U.S. citizens are expected to obey and how they came to be. Chapter 3
explores crime in the United States: what types of crimes are occurring and theo-
ries about why, who commits crime, and the effect it has on victims. This section
provides the context within which to understand contemporary policing in the
United States: its history and traditions and the laws under which it operates and
which it enforces, as well as the individuals who choose to disobey the laws and
their victims. Policing is, at its heart, about people.
Section II helps you understand the traditional organization and functions
of law enforcement, most of which can still be found within our law enforce-
ment agencies. First, an overview of the organization, goals, characteristics, and
culture is presented (Chapter 4). This is followed by a discussion of the current
approaches to policing being used in our post-9/11 society—community policing,
problem-solving policing, intelligence-led policing, and evidence-based policing
(Chapter 5). Next is a look at the vital function of patrol, considered the backbone
of policing, as well as the role of traffic duty (Chapter 6). The section ends with
an examination of the specialized assignments frequently found in larger agencies,
such as investigators, SWAT teams, school resource officers, and reserve officers
(Chapter 7).
Section III explores important challenges to the profession in the 21st
century. It begins with a discussion of the challenge of policing within the law,
apprehending criminals without violating their constitutional rights (Chapter
8). Next, significant issues involved in policing are described, including discre-
tion, discrimination, racial profiling, use of force, pursuit, liability, corruption,
and ethics (Chapter 9). Then the challenges posed by gangs and drugs, prob-
lems that have overshadowed the previous concern with organized crime, are

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xviii Preface

presented (Chapter 10). This is followed by an examination of the latest threat to


our country—terrorism—and the role of local police in securing our homeland
(Chapter 11). The section concludes with a discussion of departmental issues,
including recruiting and retaining officers, civilian review boards, sexual harass-
ment, unions, moonlighting, privatization of law enforcement, accreditation, and
professionalism (Chapter 12).
The final section places law enforcement into the context of the criminal
justice system, examining its role with the other two components of the criminal
justice system: the courts and corrections. The need for collaboration and coop-
eration among the three components has become an important focus during the
past several decades. Chapter 13 describes the U.S. court system, its structure, key
players, critical stages, the trial itself, and the role of the law enforcement officer
in the court system. Chapter 14 explains the U.S. corrections system, its purposes,
components, alternatives, and issues, including that of capital punishment. Both
Chapters 13 and 14 also explain these two components within the juvenile justice
system.

nEW To THiS EdiTion


This 12th edition has been completely updated, with many sources cited being
published after 2012, including the Final Report of the President’s Task Force on 21st
Century Policing (2015). Included are 19 new terms, nine new Supreme Court case
rulings, and more than 50 new references. Specific changes within each chapter
include the following:
■ Chapter 1—The Evolution of Law Enforcement:
● We reorganized the Federal Law Enforcement Agencies section slightly

to bring discussion of agencies into alignment with new Department of


Justice and Department of Homeland Security (DHS) structures, moved
the DHS organizational chart from the terrorism chapter to this chapter,
added the Tribal Law and Order Act of 2010 to section on Tribal Law
Enforcement, and added content related to President’s Task Force on
21st Century Policing.
■ Chapter 2—The American Quest for Freedom and Justice: Our Laws:
● In this chapter, we added a new section called “What is Law?” to introduce

the concept of social control (formal and informal) and Black’s sociological
theory that law varies inversely with other forms of social control. Addi-
tionally, the actual text of the Bill of Rights is now included with each
amendment section. There is a brief discussion about religious diversity
added to the section on Freedom of Religion and an added section on
McDonald v. City of Chicago (2010) in the discussion of the Second Amend-
ment. We expanded the discussion about zones of privacy, per reviewer
suggestion, with an example of drones, reorganized the sections on crimi-
nal and civil law, and added key terms: penumbra, social contract, unenumerated
rights, zones of privacy.

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Preface xix

■ Chapter 3—Crime in the United States: Offenses, Offenders,Victims:


● We have made many updates to this chapter, including the Crime Clock

statistics, National Incident-Based Reporting System offenses (to include new


crimes and categories), and the definition of rape, per the new Federal Bureau
of Investigation (FBI) definition (revised and legacy definitions provided).The
section on victims has been revised to include the Crime Victims’ Rights Act
of 2004 and an added discussion on police as victims, per reviewer suggestion.
The distinction between murder and homicide has also been clarified.
■ Chapter 4—Today’s Police and Police Agency: An Overview:
● This chapter has an added discussion of and content from the Final Report

of the President’s Task Force on 21st Century Policing and a significantly


expanded discussion on styles of policing to emphasize the requisite shift
in law enforcement culture from warrior to guardian mindset. We have
introduced the concept of procedural justice; scaled back the discussion
on span of control; and updated the discussion of communication
and technology, adding information on police use of social media to
disseminate and receive information from the public, and the growing use
of tablets in field operations. The section on the public’s confidence in the
police has been updated to reflect recent survey results, and we’ve added
to the discussion of police image to address the influence of the media and
trends in public opinion polls. The section on 10-codes has been modified
to explain their phase out, and new key terms have been added, including
Ferguson effect, guardian, procedural justice, and warrior.
■ Chapter 5—Policing in a Post-9/11 Society:
● Most significantly, this chapter now comes earlier in the text; it was
Chapter 7 in the previous edition. It has been updated to include more
current examples of policing in action, new content on implicit bias and
how it factors into delivering procedural justice, and a new section on
asset mapping under evidence-based policing. We have clarified the role of
the community policing philosophy and the emphasis of its relevance to
today’s police mission, as supported by the President’s Task Force on 21st
Century Policing and post-Ferguson assessments of policing, including
an example of the Salinas (California) Police Department (2016), and
elaborated on how a sense of community benefits the policing mission and
provided links to stories where police departments acknowledge the
importance of sense of community. We have expanded the discussion to
support how the SARA (scanning, analyzing, responding, and assessing)
model and the idea of “broken windows” are still relevant to post-9/11
policing, added content related to predictive policing (PredPol), and added
a new figure on the four stages of the PredPol cycle. Additionally, we
replaced content related to National Law Enforcement Research Agenda
with discussion of the National Police Research Platform, as the preceding
has been discontinued, and updated the list of current research priorities.
Other notable additions include a new figure showing the primary
elements of community policing, with focus placed on the organizational

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xx Preface

transformation of a police agency, an example of a school-based program


to build positive relationships between youth and the police, and two new
key terms: asset mapping, implicit bias.
■ Chapter 6—Patrol: The Backbone of Policing:
● There have been some minor reorganization and scaling back on some
of the content in this chapter because of the shuffling of chapters in this
edition. We have added to the discussion on CompStat, speed cameras,
and updated statistics throughout. We included information on Missouri v.
McNeely (2013), a case that impacted police taking warrantless blood draws
from DWI (driving while intoxicated) suspects, and included using drug
recognition experts to detect impairment in drivers. We also deleted the
term road rage and added aggressive driving to reflect change in terminology
used by the National Highway Traffic Safety Administration.
■ Chapter 7—Specialized Roles of Police:
● Within this chapter, we reorganized and placed all forensic science and

crime scene investigation content together to avoid disjointedness and


changed the title of the section on “Profilers” to “Criminal Investigative
Analysts” to follow change in terminology used by the FBI. We added the
requirements specified by the International Crime Scene Investigators
Association to become certified as a forensic crime scene investigator,
content about the National Commission on Forensic Science and
its purpose, information about biometric analysis and the FBI’s new
Biometric Center of Excellence, a note about the Supreme Court
ruling allowing the preconviction collection of DNA, a paragraph on
mitochondrial DNA (mtDNA) and its usefulness to investigators, and
detail on the requirements to becoming a criminal profiler or investigative
analyst. There is additional discussion on school resource officers,
specifically about the National Association of School Resource Officers’
mission and training programs, new examples of how various police
agencies approach vice problems, and more information on bookmaking
in the section on gambling. We have expanded the discussion on K-9 units
to include more on training and certification requirements and factors to
consider when applying to become a K-9 handler and added more about
the requirements to become a reserve officer. There is one new key term
(biometrics) and a new case, Florida v. Jardines (2013), which discusses the
legality of dog sniffs at houses.
■ Chapter 8—Policing within the Law:
● We have added discussion of several new cases to this chapter: Horton v.
California (1990) to the section on plain view evidence, to better clarify
how plain view does not always invoke the plain view doctrine; Riley v.
California (2014) and U.S. v.Wurie (2014), which deal with warrantless
searches of digital data on cell phones; U.S. v. Davis (2014), which ruled
that police do not need a warrant to retrieve cell phone location records in
the course of an investigation; and State v. Brossart (2015), which addresses

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Preface xxi

the emerging law regarding drones. Table 8.2 has been expanded to include
the new cases presented in the chapter. There is also clarified discussion of
“beachheading” or questioning first tactics under Miranda section.
■ Chapter 9—Issues Concerning Police Conduct:
● This chapter was moved to follow Chapter 8 (it was Chapter 11 in the
previous edition). There is new content regarding officer interaction
with the LGBTQ (lesbian, gay, bisexual, transgender, or questioning)
community, the criminalization of immigration in the United States, the
use of body cameras and their pros and cons, Brady-Giglio impaired officers,
credibility issues, and the negative repercussions of unethical behavior by
officers. We deleted the use-of-force continuum figure and discussed the
national trend of moving away from the use of such continuums. We added
mention of the Deaths in Custody Reporting Act of 2000 and data from
the Bureau of Justice Statistics’ Arrest-Related Deaths Program and noted
the replacement of the Secure Communities immigration enforcement
program by the Priority Enforcement Program (PEP) in July 2015. There
are new data on excited delirium syndrome deaths, two new key terms
(Brady rule, impeach), and one new case (Giglio v. United States, 1972).
■ Chapter 10—Gangs and Drugs: Threats to Our National Security:
● This chapter contains thoroughly updated statistics regarding gang

membership and the prevalence of gangs, including results from the


2015 National Gang Report, a new discussion on Changing Course, a gang
prevention publication co-produced by the National Institute of Justice
and Centers for Disease Control and Prevention, and a brief addition of
reasons why police and city officials may fear admitting a gang presence
in their community. There is updated content related to the drug problem
and how street gangs are teaming up with Mexican transnational criminal
organizations and other transnational criminal organizations to expand
drug trade and increase revenue, an added section on the National Survey
on Drug Use and Health as a source of information about trends in
national drug use and abuse, and an expanded discussion of heroin to
cover the increasing number of heroin overdoses and the use of Naloxone
(Narcan) by first responders, including police officers. We also note two
documents related to cleanup of drug labs—the Drug Enforcement
Agency’s Redbook and the Environmental Protection Agency’s Voluntary
Guidelines—and added content about legalized marijuana and the
increasing threat posed by synthetic marijuana (Spice, K2, and so on) and
other designer drugs (“bath salts”).
■ Chapter 11—Terrorism and Homeland Security:
● Given the timeliness of this particular topic, this chapter has been expanded
and revised greatly. We added new content about the threat of ISIL (ISIS),
more recent examples of and statistics regarding terrorism in the U.S.
post-9/11, a paragraph about the State and Local Anti-Terrorism Training
Program, and discussion of resources available to help law enforcement

Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
xxii Preface

agencies develop a terrorism response (e.g., training, equipment).


We modified the Homegrown Terrorist section to become homegrown
violent extremists (HVEs), per current terminology, and discussed the
formation of the Countering Violent Extremism (CVE) Task Force by
the DHS. We have greatly expanded the discussion of domestic terrorist
groups (per reviewer request) to include hate groups identified and tracked
by the Southern Poverty Law Center: the Ku Klux Klan, neo-Nazis,
white nationalists, racist skinheads, Christian identity, neo-Confederates,
black separatist, and general hate groups. We revised the section on the
USA PATRIOT Act to reflect its expiration and replacement by the USA
Freedom Act, with discussion of modified provisions related to surveillance
and bulk data collection (per reviewer feedback), updated discussion on
DHS vision and core missions, and added mention of the Homeland
Security Digital Library (HSDL.org) for students to peruse, per reviewer
suggestion. There are new examples and links to terrorist plots thwarted in
New York since 9/11 and several new key terms: crowdsourcing, Islamic State
of Iraq and the Levant (ISIL), and “lone wolf” offender.
■ Chapter 12—Becoming a Law Enforcement Professional:
● This chapter has new findings and recommendations of the President’s Task

Force on 21st Century Policing related to hiring and training and more
information on the increasing popularity of right-to-work laws, which is also
included as a new key term.
■ Chapter 13—U.S. Courts:
● Along with updated statistics, this chapter includes a brief addition of

juveniles’ rights in court; more information on the consequences of


Brady-Giglio violations; per reviewer suggestion; and a new key term, charge
bargaining.
■ Chapter 14—Corrections:
● This chapter has been reorganized slightly, with updated statistics
throughout. There is added content on the “pay-to-stay” concept for jails
and reasons for wrongful convictions, as well as new data on victimization
of juvenile offenders while in custody.

HoW To uSE THiS TEXT


Introduction to Law Enforcement and Criminal Justice is more than a text. It is a learn-
ing experience requiring your active participation to obtain the best results.
You will get the most out of the book if you first familiarize yourself with the
total scope of law enforcement: Read and think about the subjects listed in the
table of contents. Then follow five steps for each chapter to achieve triple-strength
learning:

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Preface xxiii

1. Read the learning objectives at the beginning of each chapter. This is your first
exposure to the key concepts of the text. Also review the key terms and think
about their meaning in the context of law enforcement.
2. Read the chapter, underlining or taking notes if that is your preferred study
style. Pay special attention to all information set apart in the text with a graphic
symbol. This is your second exposure to the chapter’s key concepts. Also pay at-
tention to all words in bold print. All key terms will be in bold print when
they are first used and defined.
3. Read the summary carefully. This will be your third exposure to the key con-
cepts. By this point, you should have internalized the information.
4. To make sure you have learned the information, when you have finished read-
ing a chapter, reread the list of learning objectives given at the beginning of
that chapter to make certain you can address each one. If you find yourself
stumped, find the appropriate material in the chapter and review it. Often
these main topics will be used for essay questions during testing.
5. Review the key terms to be certain you can define each. These also are fre-
quently used as test items.

Note: The material selected as learning objectives, to be highlighted using the tri-
ple-strength learning instructional design, includes only the chapter’s key concepts.
Although this information is certainly important because it provides a structural
foundation for understanding the topic(s) discussed, you cannot simply glance over
the learning objective boxes and summaries and expect to have mastered the chap-
ter. You are also responsible for reading and understanding the material that sur-
rounds these basics—the “meat” around the bones, so to speak.
Good reading and learning!

AnCiLLAriES
For the instructor
online instructor’s Manual The manual includes learning objectives, key terms, a
detailed chapter outline, student activities, and media tools. The learning objectives
are correlated with the discussion topics, student activities, and media tools. The
manual is available for download on the password-protected website and can also
be obtained by e-mailing your local Cengage Learning representative.

online Test Bank Each chapter of the test bank contains questions in multi-
ple-choice, true/false, completion, and essay formats, with a full answer key. The
test bank is coded to the learning objectives that appear in the main text, refer-
ences to the section in the main text where the answers can be found, and Bloom’s
taxonomy. Finally, each question in the test bank has been carefully reviewed by
experienced criminal justice instructors for quality, accuracy, and content coverage.
The Test Bank is available for download on the password-protected website and
can also be obtained by e-mailing your local Cengage Learning representative.

Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
xxiv Preface

Cengage Learning Testing, Powered by Cognero This assessment software is a flex-


ible, online system that allows you to import, edit, and manipulate test bank con-
tent from the Criminal Investigation test bank or elsewhere, including your own
favorite test questions; create multiple test versions in an instant; and deliver tests
from your LMS, your classroom, or wherever you want.

online Powerpoint Lectures Helping you make your lectures more engaging while
effectively reaching your visually oriented students, these handy Microsoft Power-
Point slides outline the chapters of the main text in a classroom-ready presenta-
tion. The PowerPoint slides are updated to reflect the content and organization of
the new edition of the text and feature some additional examples and real-world
cases for application and discussion. Available for download on the password-pro-
tected instructor companion website, the presentations and can also be obtained by
e-mailing your local Cengage Learning representative.

For the Student


Mindtap for Criminal investigation
With MindTap™ Criminal Justice for Introduction to Law Enforcement and Criminal
Justice, you have the tools you need to better manage your limited time, with the ability
to complete assignments whenever and wherever you are ready to learn. Course
material that is specially customized for you by your instructor in a proven, easy-
to-use interface, keeps you engaged and active in the course. MindTap helps you
achieve better grades today by cultivating a true understanding of course concepts
and with a mobile app to keep you on track. With a wide array of course specific
tools and apps—from note taking to flashcards—you can feel confident that Mind-
Tap is a worthwhile and valuable investment in your education.
You will stay engaged with MindTap’s video cases and career scenarios and
remain motivated by information that shows where you stand at all times—both
individually and compared with the highest performers in class. MindTap elim-
inates the guesswork, focusing on what’s most important with a learning path
designed specifically by your instructor and for your Law Enforcement course.
Master the most important information with built-in study tools such as visual
chapter summaries and integrated learning objectives that will help you stay orga-
nized and use your time efficiently.

Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
aCkNOwlEdgmENTS

First, we must acknowledge Henry M. Wrobleski (1922–2007), the original lead


author for the first six editions of this text. Henry was the former coordinator of the
Law Enforcement Program at Normandale Community College, Bloomington,
Minnesota. He was a respected author, lecturer, consultant, and expert witness with
30 years of experience in law enforcement. He was also the dean of instruction for
the Institute for Professional Development and a graduate of the FBI Academy.
Other Cengage texts Mr. Wrobleski coauthored are Introduction to Private Security,
4th edition, and Police Operations, 3rd edition. He is truly missed.
We would like to thank the reviewers for the 12th edition:
John C. Gregory, Tidewater Community College
Don Haley, Tidewater Community College
Rick James, Tidewater Community College
Aaron Pomeranz, Tidewater Community College
David L. White, Tidewater Community College
For their valuable suggestions for the previous editions of Introduction to Law
Enforcement and Criminal Justice, thank you to Constance M. Bennett, Seminole
Community College; Kenneth Bowser, Westfield State College; Robert Brode,
College of the Canyons; Roger Brown, Golden Valley Lutheran College; Steven
Brown, East Tennessee State University; William Castleberry, University of
Tennessee–Martin; Megan Cole, Brown College; Lisa Kay Decker, Indiana State
University; Vincent Del Castillo, John Jay College of Criminal Justice; Elizabeth
DeValve, Fayetteville State University; Rita Dorsey, Shelby Community College;
David G. Epstein, Brunswick Junior College; Chris W. Eskridge, University of
Nebraska; Mary Beth Finn, Herzing University; Judith Fitzgerald, Bowie State
University; Larry Gaines, Eastern Kentucky University; James N. Gilbert, University
of Nebraska; Larry A. Gould, Northern Arizona University; George Green, Mankato
State University; Martin A. Greenberg, Ulster County Community College;
Edmund Grosskopf, Indiana State University; Daniel Gunderson, Chippewa
Valley Technical College; Burt C. Hagerman, Oakland Community College;
Hill Harper, Valdosta State University; Larry W. Hensel, Tallahassee Community
College; Thomas Hinze, Riverland Community College; Robert G. Huckabee,
Indiana State University; Robert Ingram, Florida International University; Robert
R. Ives, Rock Valley College; Paul H. Johnson, Murray State University; William
Kelly, Auburn University; William R. King, Bowling Green State University;
Leonard Luzky, Ocean City College; Sidney A. Lyle, Odessa College; Michael
Moberly, Southern Illinois University at Carbondale; Glen Morgan, Lincoln Land

xxv

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xxvi Acknowledgments

Community College; M. G. Neithercutt, California State University–Hayward;


James E. Newman, Police Academy, Rio Hondo Community College; Darek
Niklas, Rhode Island College; E. W. Oglesby, Fullerton College; Charles Ousley,
Seminole State College; Joseph Polanski, Sinclair Community College; Frank Post,
Fullerton College; James W. Robinson, Louisiana State University–Eunice; Chad
Rosa, Kaplan University and MSB/Globe University; Steve Rugger, University
of South Carolina Upstate; Jack Spurlin, Missouri Southern College; James
Stinchcomb, Miami Dade Community College; Christine L. Stymus, Bryant &
Stratton College; Jack Taylor, Oscar Rose Junior College; Gary W. Tucker, Sinclair
Community College; Larry Tuttle, Palm Beach Junior College; Lawrence Trostle,
University of Anchorage; Myron Utech, University of Wisconsin at Eau Claire;
Tim Vieders, Niagara County Community College; Robert F. Vodde, Fairleigh
Dickinson University; Robert C. Wadman, Weber State University; James Walsh,
Mount San Jacinto College; Douglas Watson, Northern Essex Community
College; David A. Wilson, Turnbull Police Department; Dawn B. Young, Bossier
Parish Community College; and Gay A. Young, Johnson County Community
College.
Any errors in the text are, however, the sole responsibility of the authors.
Thank you also to our editorial and production teams at
Cengage Learning:
Jessica Alderman, Associate Content Developer; Carolyn Henderson Meier,
Senior Product Manager; Jim Zayicek, Senior Content Project Manager; Tim
Kappler, Editorial Assistant
Lumina Datamatics:
Sharib Asrar, Associate Program Manager; Cheryl Dubois, Photo Researcher;
Magesh Rajagopalan, Text Researcher; Danielle Shaw, Copyeditor.
We also extend a heartfelt thank you to Jennifer Molan Cho for her content
expertise, research, and many contributions to this revision. Finally, we thank our
families and colleagues for their support and assistance throughout the evolution
of this text.

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aBOuT ThE auThOrS

Kären Matison Hess, Ph.d., (1939–2010) was the author who first developed this
text with Wrobleski and carried it through nine very successful revisions. Dr. Hess
had a Ph.D. in instructional design from the University of Minnesota, was an in-
structor at Normandale Community College (Bloomington, MN), and crafted a
line of enduring, practical textbooks in the fields of law enforcement and criminal
justice. Other Cengage texts that Dr. Hess coauthored include Community Policing:
Partnerships for Problem Solving (5th edition); Constitutional Law and the Criminal
Justice System (4th edition); Criminal Investigation (10th edition); Criminal Procedure;
Introduction to Private Security (5th edition); Juvenile Justice (5th edition); Management
and Supervision in Law Enforcement (4th edition); Police Operations (5th edition); and
Careers in Criminal Justice: From Internship to Promotion (6th edition).
Dr. Hess was a member of the Academy of Criminal Justice Sciences, the
American Association of University Women, the American Society for Indus-
trial Security, the International Association of Chiefs of Police, the International
Law Enforcement Educators and Trainers Association, the Justice Research and
Statistics Association, the Police Executive Research Forum, and the Textbook and
Academic Author’s Association. In 2006, Dr. Hess was honored by the University
of Minnesota College of Education and Human Development at the school’s
100-year anniversary as one of 100 alumni who have made a significant contribu-
tion to education and human development. Her tireless dedication to authorship
and the education of criminal justice students will forever be an inspiration to us.

Christine Hess orthmann, M.S., has been writing and researching in various
aspects of criminal justice for more than 25 years. She is a coauthor of Commu-
nity Policing: Partnerships for Problem Solving (7th edition); Constitutional Law and
the Criminal Justice System (6th edition); Criminal Investigation (11th edition);
Juvenile Justice (6th edition); Management and Supervision in Law Enforcement (7th
edition); and Police Operations (6th edition). Orthmann is a member of the Text
and Academic Authors Association, the Academy of Criminal Justice Sciences,
the American Society of Criminology, and the National Criminal Justice Honor
Society (Alpha Phi Sigma).

Sergeant Henry Lim Cho (retired) has an M.A. in human services with an emphasis
on criminal justice leadership from Concordia University–St. Paul, Minnesota.
He has worked in the field of criminal justice for more than 15 years, having held
positions in private security and as a community service officer, police officer, and
detective. He retired with the rank of Sergeant from the Rosemount (Minnesota)
Police Department. Sgt. Cho has experience as a use-of-force instructor and a

xxvii

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xxviii About the Authors

crime scene investigator. His professional memberships include the Minnesota


Police and Peace Officer’s Association, International Association of Identification—
Minnesota Chapter, Minnesota Sex Crimes Investigator Association, High Tech-
nology Crime Investigation Association, National White Collar Crime Center and
Fraternal Order of Police. Sgt. Cho has been published in the Minnesota Police Jour-
nal and is a coauthor on the Cengage texts Police Operations (6th edition) and Criminal
Investigation (11th edition).

Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
IntroductIon to

Law Enforcement
and Criminal Justice

Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Copyright 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
sECTion

onE
The Evolution of Law
Enforcement and
Criminal Justice
T he criminal justice system is a vital part of our society and a complex
amalgamation of three major components: law enforcement, courts, and cor-
rections. Each component acts independently and interdependently as the total
system functions. Law enforcement, as the first point of contact with citizens,
serves as the gatekeeper to this system, which has grown and evolved exponentially
since our country was founded.
To illustrate how massive this system has become, the Bureau of Justice Sta-
tistics reports that the United States spent an estimated $258 billion in fiscal year
2009 (the most recent year for which final census data are available) for police
protection, corrections, and legal activities (Kyckelhahn, 2012). Police protection
accounted for about $120 billion, about $55 billion went for judicial and legal ser-
vices, and about $83 billion was spent on corrections. In 2009, the nation’s federal,
state, and local justice systems employed about 2.5 million people, remaining rela-
tively stable over the previous 10 years despite a growth in our national population.
About 48 percent of these employees were in police protection, 20 percent were
employed in judicial and legal capacities, and 32 percent worked in corrections
(Kyckelhahn, 2012). The criminal justice system costs taxpayers billions of dollars,
employs millions of people, deals with the lives of millions of people who break
the law and the lives of their victims, and often involves matters of life and death.
The first section of this text provides the background necessary to understand
contemporary law enforcement and its role within the criminal justice system and
American society. Courts and corrections are the focus of the final section in the
text. Chapter 1 describes how law enforcement has evolved from ancient times to
the present. It traces the development of important federal agencies that provide
assistance to law enforcement and that also rely on local law enforcement to fulfill
their missions. Of special importance in the 21st century is the establishment of
the Department of Homeland Security (DHS).
Chapter 2 explains how our system of laws evolved and the important roles of
the U.S. Constitution and the Bill of Rights in this evolution. Several amendments
in the Bill of Rights guide how law enforcement functions and what it can and
cannot do. The inherent conflict between individual rights and the needs of the
country symbolized in the scales of justice and the resulting need for balancing
crime control and due process are one focus of this chapter.
1

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2 Section 1 the evolution of law enforcement and criminal JuStice

Chapter 3 details what has historically been the focus of law enforcement:
crime. Controlling crime has been a challenge since our country was founded.
Although our forefathers sought freedom, they also had a firm belief in law and
order. This chapter looks at the types of crime found in our country today and at
various theories of crime causation. The chapter also describes those who break
the law as well as the effect crime has on its victims. The change in focus from
punishing offenders to involving victims and the community to bring about com-
munity justice is explained and sets the stage for the remaining chapters of the text.

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chapTer

1
THE EvoLuTion of
LAw EnfoRCEmEnT

AP Images
This abandoned building, initially constructed for visiting scottish nobility, was the location chosen by sir Robert Peel for the newly created London
Police. This structure became known the world over as scotland Yard, as immortalized by A. Conan Doyle in his sherlock Holmes mysteries.

The farther backward you can look, the farther forward you are likely to see.
—Winston Churchill

learning objectives
LO1 Explain when and why law enforcement LO5 Identify who the chief law enforcement
began. officer at the federal level is.
LO2 Understand the significant contributions LO6 Compare and contrast the main charac-
Sir Robert Peel made to law enforcement. teristics of the three traditional eras of
policing and note the time frame during
LO3 Identify when and where the first modern
which each existed.
American police force began and what it
was modeled after. LO7 Name the fourth era of policing that has
emerged and identify the impetus be-
LO4 List the levels of government authorized
hind it.
to have law enforcement agencies and
identify what additional form of law en-
forcement operates in the United States.
3

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4 Section 1 the evolution of law enforcement and criminal JuStice

Key Terms
Bow Street Runners parish riot act
community era parish constable system sheriff
constable political era shire-reeve
Frankpledge system proactive shires
hue and cry professional model slave patrols
hundreds rattle watch spoils system
Leges Henrici reactive tithing
lex talionis reeve tithing system
Magna Carta reform era vigilante
paradigm regulators watch and ward

InTrOducTIOn
A simple definition of society is an assembly of “people . . . living together in orga-
nized communities with shared laws, traditions, and values” (“Society,” 2016).
When a group sets forth formal rules of social behavior, or laws, it also ef-
fectively concedes the need for some type of mechanism to enforce those rules,
hence the necessity for law enforcement.
Throughout U.S. history, many laws have been passed that, by today’s standards,
seem silly, superfluous, or downright strange. Some of these laws remain on the books
to this day. For example, in Michigan, it is illegal to tie a crocodile to a fire hydrant,
and Kentucky law forbids a woman from remarrying the same man four times (Koon
& Powell, 2002). In Tennessee, it is illegal for children to play games on Sunday with-
out a license; children in Kalispell, Montana, must have a doctor’s note to legally
purchase a lollipop; and in St. Louis, Missouri, it is illegal for a firefighter to rescue a
woman who is wearing only a nightgown. A legal rescue requires the woman to be
fully clothed (Lindsell-Roberts, 2004). A law in Wilbur, Washington, makes it illegal
to ride an ugly horse; chickens are not legally allowed to cross the road in Quitman,
Georgia; and in Mohave County, Arizona, anyone caught stealing soap must wash
with it until the soap is gone or face punishment (Linz, 2002). In Waco, Texas, it is
illegal to throw a banana peel onto the street because it could cause a horse to slip,
and any woman wearing shorts, a halter top, or a bathing suit to a political rally in
Wheatfield, Indiana, could be charged with a misdemeanor (Smith, 2006).
Although many (if not most) might question the need for police to respond to
such absurd breaches of the law, there clearly exist many other laws that proscribe
far more dangerous and heinous human behavior, laws that do necessitate a ded-
icated force of professionals whose mission is to protect and serve our country’s
citizens and communities. It must also be emphasized at the outset of this text that
the law enforcement function of police—detecting, apprehending, and investigating
criminal offenders—is not their only role. Police are also expected to maintain
public order through such activities as traffic control, crowd dispersal, and dispute
settlements, as well as to provide services to the public, including assisting lost or
stranded persons, providing emergency medical assistance, supplying information,
and helping citizens who are locked out of their homes or vehicles.

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Another random document with
no related content on Scribd:
Clarice’s right hand passed over her eyes, and she stared at the idol
curiously. Then she looked around, and Nick Carter saw that her gaze was
normal. She seemed to be quite her usual self. He stepped forward and spoke
to her.
“Taking a close view of that statue, Miss Bentham?”
“Yes, Doctor Hodgson! It is a wonderful piece of work, isn’t it? And no
one can tell how old it is. That sapphire in its forehead attracted me, and I
felt as if I must look at it from the ladder. You have to allow for feminine
curiosity, you know,” she laughed.
“Masculine curiosity would impel me to go up there,” returned Nick, with
a smile. “Indeed, it was curiosity of that kind that brought me into this room
just this moment. I found the elevator, and I was bold enough to make use of
it. I am glad I was, for I should not like to have missed this room. Ched
Ramar has a wonderful house.”
Nick made this remark about only just having come up because he did not
know who might be listening. If a man could get inside that statue and
pretend the statue itself was speaking, it was quite possible that he was now
hiding somewhere else within hearing.
The girl came down the steps, and Carter had placed his foot on the
bottom one, intending to go up, to look into the cavernous depths of the eye
sockets himself, when the curtains in front of the elevator parted, and Ched
Ramar came into the room. He brought with him Matthew Bentham and
Mrs. Morrison.
The latter ran forward as she saw Clarice. Then she stopped abruptly, as
her gaze fell upon the immense brass statue.
“Mercy! What an awful-looking thing! It’s an idol, isn’t it? I was
wondering where you’d gone, Clarice. So was your father. How did you find
your way up here alone?”
“She did not come alone,” broke in Ched Ramar, smiling gravely. “I led
her up here. Then I left her for a moment to bring you and Mr. Bentham. I
was going to ask Doctor Hodgson, too, but he anticipated me, I see,” he
added, with a bow to Nick Carter.
“I have just come up,” responded Nick. “This Buddha is worth seeing,
and I’m glad I found my way here.”
“Yes,” was Ched Ramar’s reply. “This is an extremely ancient image of
the god. It was captured during a Tartar raid many centuries ago. It is reputed
to possess marvelous occult powers. I would not dare to deny that that is
untrue. The sapphire in its forehead is, I believe, one of the finest specimens
in existence.”
“Aren’t you afraid the sapphire may be stolen?” asked Mrs. Morrison,
fascinated by the blazing beauty of the jewel. “I should think a thief would
risk a great deal to get it.”
Ched Ramar smiled significantly.
“Any thief who thinks he can get it, is welcome to try,” he said, with great
confidence. “This Buddha is able to take care of itself and of everything it
possesses. You remember what I said just now—that it is supposed to be
endowed with strange powers. But let me show you something else. I am
rather proud of this room. It contains the finest specimens in my collection
of antiques.”
He went to a table in a distant corner, and came back, carrying a very
small gold idol in his long fingers. The image was exquisitely wrought, and
so much soul had the artist put into his work that, from certain angles, the
diminutive god seemed actually to be alive.
“What a beautiful thing!” ejaculated Clarice, as she bent nearer to the
idol. “And what wonderful eyes!”
There were eyes in the sockets, and they seemed to goggle and stare as
one looked into the gold face. Everybody examined the image separately, as
it was passed from hand to hand, but it was only Nick Carter who noted that
the colored iris of each eye was an exact duplicate, in tone and shape, of
those belonging to the grave East Indian student who called himself Ched
Ramar.
Clarice, more than any of the others, seemed to be taken with the beauty
of the golden idol. She stood, holding it in her hands and gazing in silent
admiration, as if she were fascinated.
“Miss Bentham seems to like my poor specimen. Will she honor me by
accepting it?”
“Why, I—I—don’t think I should,” she protested, making as if she would
put it down. “It is too valuable. It would be too much. I really couldn’t take
such a priceless——”
“What’s that?” asked Mrs. Morrison, turning from some other images she
had been looking at on a table near her. “What did you say, Clarice?”
“Professor Ched Ramar has asked me to accept this exquisite gold idol,
aunt. I couldn’t—could I?”
“No, I think not, dear,” returned Mrs. Morrison. “It is such a wonderful
and costly thing, that——”
“It pains me that you decline,” murmured Ched Ramar. “If I have
offended, I am sorry—deeply sorry. But my excuse must be that it is a
custom of my country to offer trifling gifts like this to ladies who seem to
admire them. You understand, I hope?”
Mrs. Morrison looked from the tall, dark Indian to her niece, and seemed
to make up her mind with a jerk.
“Yes, I think I understand,” she answered. “Of course, if it is the Indian
custom, that makes a difference.” Then, turning to Clarice, she went on: “I
think you may accept it, Clarice. And, I may add, that it is an opportunity
which does not often come to a girl.”
Ched Ramar put the idol in Clarice’s hands, and she held it before her
with an expression of rapturous delight in her fair face.
“How can I thank you?” she murmured.
“Oh, it is nothing,” declared Ched Ramar, putting up his hands with a
protesting gesture. “Let us go down again. There are some pieces of jade—
vases—that I don’t think I have shown you, and that I should feel honored if
you and Mrs. Morrison would take with you as mementos of this evening.”
When, half an hour later, the party left the house, the two ladies had the
magnificently carved jade vases to which Ched Ramar had referred. But
Clarice held clasped to her bosom, as if she feared she might lose it, the gold
idol that seemed to have been merely an uncontemplated gift, but which
Nick Carter remembered had been promised to her by the strange voice from
the lips of the gigantic Buddha.
“I wonder just how far thought transference and hypnotism really can
go?” he said, as he entered his library and lighted a cigar, an hour or so
afterward.
CHAPTER IV.

AN EARLY-MORNING CALL.

It was a custom of Nick Carter to take a brisk walk by himself in the early
morning when he had been able to get to bed at a reasonable hour the night
before. In accordance with this habit he was out of the house and on his way
to Madison Square before seven the day after his visit, with the Benthams
and Mrs. Morrison, to the home of Ched Ramar, in Brooklyn.
The grass looked and smelled fresh at that hour, for it was a bright
morning, and there had been a light shower of rain during the night, which
had freshened the verdure and flowers, and brought out their fragrance more
than usual. The detective enjoyed a stroll about the little park, and his
thoughts were clearer than they would have been in a room. At least, he
believed they were.
“Hypnotism!” he mused, half aloud. “That is the explanation, no doubt.
But it doesn’t make everything clear. For instance, it doesn’t tell me who this
Ched Ramar really is. I looked at him closely last night, and I couldn’t see
anything in him that warranted my doubting him. Nevertheless, I do doubt
him—from the top of his turban to the heels of his slippers.”
He took another turn up the path he had chosen for his stroll, in a rather
retired part of the square, before he resumed his half-audible cogitations.
Then he went on slowly:
“It is fortunate for society that the understanding of hypnotism rests
chiefly in the hands of men who are to be trusted. Were its power to be
wielded to any great extent by criminals, there would be many innocent tools
of lawbreakers. It may be that Clarice Bentham is one of them. I hope not,
but it looks suspicious.
“The greatest tragedy is that, while under the dominion of another’s will,
the hypnotic subject has no realization of its doings, and, when
consciousness returns, no remembrance. Well, if Ched Ramar is taking
advantage of that young girl’s innocence of the ways of the world to make
her do things she would shrink from under ordinary circumstances, I don’t
think it will be well for Ched Ramar. In fact—— Hello! What’s the trouble
now? Here comes Chick!”
Indeed, Chick came hurrying along the path at a pace that told he had
something important to communicate—even if his face had not shown that
he was excited.
“Telephone, chief!” cried Chick, as soon as he came within hearing. “It is
Professor Matthew Bentham. Wanted to know if you could see him if he
came. I told him you were out just then, but I believed I could find you.”
“Yes?”
“I also said that I had no doubt you would see him, and that he’d better
come over from Brooklyn—that’s where he lives—and get to our house by
the time you were there.”
“That was right. Did he say he would come?”
“Yes. He said he would come over in his motor car and be there in a few
minutes.”
So well had Matthew Bentham timed himself that his car drew up in front
of the Madison Avenue house just as Nick Carter and Chick walked up from
Madison Square. The three entered the house together, while the chauffeur
kept the car at the curb, to wait.
“It’s gone!” were Matthew Bentham’s first words, as soon as they were in
the library. “I’ve just found it out.”
“You mean the package of papers sent by Andrew Anderton?”
“Yes. There are not many things would have made me trouble you at this
time of the morning, so you can easily guess. I was tired when I got home
last night, after that reception at Ched Ramar’s, or I would have looked then
to see that the records were safe. But I went to the place where I had put
them the first thing this morning, even before breakfast.”
“In a secret place?”
“Yes. The one I told you about yesterday afternoon.”
“Did you say nobody knew where they were but yourself? Think hard,
please. You are quite sure you have never let it out to your daughter, for
instance?”
“I told you yesterday that I have been careful to keep it from her—for her
own sake. She has not the slightest idea where I kept those papers.”
“What is the name of the boy who does odd jobs about your house—and
sleeps away?” asked Nick, with seeming irrelevance.
“Swagara.”
“Curious name. What countryman is he?”
“Japanese.”
Nick Carter started and looked hard at the professor. Then he smiled
grimly, as he asked:
“Where did the boy come from? How did you get him?”
“An employment agency in New York. He had been a valet for a
theatrical man before he came to me. But he didn’t like traveling, and he was
willing to do the menial work I require rather than go on the road again. He
wanted to stay in New York, so that he could study more conveniently. He is
a bright chap, and he speaks German and French, as well as English and his
own native tongue.”
“He brought good references, I suppose?”
“Unimpeachable,” was Bentham’s prompt reply. “He has been in this
country three years, and there are many persons in Brooklyn who knew him
before he went with the theatrical man, Goddard. They all speak well of
Swagara. He attended a college there, studying languages, and everybody
says he was marvelously quick.”
“I don’t doubt it,” was Nick Carter’s dry response. “However, please tell
me all the facts of this case. Then we will see what we can do.”
“There is nothing to tell, except that the records sent to me by my friend
Andrew Anderton, just before his death, have been stolen from my home
since yesterday afternoon, when I last looked at them. The theft may have
been committed while we were at Ched Ramar’s, or afterward, when we
were asleep.”
“Who was in the house while you were at Ched Ramar’s? This Japanese
of yours, Swagara?”
“No. Only the two maids—the cook and the general servant. They would
never touch anything. We’ve had them a long time. Besides, I’ve seen them
proof against all kinds of accidental temptations. They could have robbed me
hundreds of times if they had been criminally disposed. You may as well cut
them out of the list of possible thieves, Carter.”
“I have cut them out,” replied Nick.
“And Swagara, too?”
“Not yet. I should like to know a little more about Swagara. You are sure
he was not in the house while you were away?”
“Quite.”
“How do you know?”
“He has proved an alibi—without trying to do so. He mentioned that he
was visiting a fellow countryman of his who is employed at Yonkers, and
that he did not get home till two o’clock this morning. This friend of his is in
the service of a friend of mine, and I had him on the telephone just before I
came out this afternoon. Swagara did not leave the house in Yonkers till one
o’clock. He and his chum sat in the kitchen, talking till that hour. My friend
happened to have company, and he did not go to bed till Swagara left. So he
knows. I was home by one.”
“That settles that, then,” agreed Nick. “We must look elsewhere. By the
way, have you ever heard exactly how Andrew Anderton died?”
“No. I was told that he died of heart failure. But from what I have heard
about Sang Tu and the Yellow Tong, and of its hatred for Anderton, I am
inclined to think that hideous Chinese organization was somehow
responsible for his death.”
“It was responsible,” declared the detective. “Wait a moment. I want to
show you something.”
He went to his iron safe, and, twisting the combination knob for a few
seconds, opened the great door. Then, after using a key he carried on his key
ring to open one drawer within another, he brought out a small tin box and
placed it on the table.
“Don’t touch what I am about to show you, Mr. Bentham,” he warned. “It
is dangerous.”
When he opened the box, he held it close to his visitor. Inside were two
long, glittering needles, crossed and held together at the point of contact.
“Harmless-looking things, aren’t they?” asked Nick. “Yet it was these that
killed Andrew Anderton. Well, not these exactly, but two needles of the
same kind. They are poisoned, so that even a slight scratch with one of the
points will cause instant unconsciousness, followed by death in a few
seconds.”
“Who did it?”
“That has never been found out. Two men concerned in the murder have
paid the penalty. But the one at the back of it all is still at large. We shall get
him, but we haven’t done it yet. I only mentioned this to convince you that
the power which put Andrew Anderton out of the world is not likely to
hesitate at breaking into your house and stealing the records that were the
cause of his assassination.”
“The crossed needles,” murmured Bentham musingly. “I have heard of
them. But I did not really believe they were in use in New York. They are a
cheerful feature of certain phases of life in China, I understand. I heard a
guest of mine talking about them the other night. He was a Chinese professor
from Peking, introduced by a member of the Oriental Association.”
“What was his name?” asked Nick casually.
“Upon my word, I forget. Something like Ning Po, though I don’t think
that was it exactly.”
“Not Sang Tu?”
“No, indeed,” replied Bentham, with a slight smile, as he shook his head.
“You don’t suppose I should receive the head of the Yellow Tong in my
house without knowing who he was? This Professor Ning Po—or whatever
his name was—did not look the kind of man to be connected with such an
infamous organization. He was a very mild sort of man, blinking behind
large spectacles, and a decidedly entertaining personage.”
“I should like to have seen him.”
“I think you would have found him worth while. He has made himself
famous by his translations of ancient Chinese literature into English. I hope
to see him again. I enjoyed his conversation very much.”
“Was Professor Ning Po, by any chance, alone in the room in which you
have these records hidden, at any time, during that evening?” asked Nick,
with one of those sudden changes of topic that he often indulged in when
working on a puzzling case. “I don’t ask which room that was.”
“It was the library,” replied Bentham. “I was about to tell you that. In
fact, I should like to show you the secret place where I kept the package of
papers, if you can spare time to come with me.”
“I shall spare the time, of course. I could not give you much help, I am
afraid, unless I had your entire confidence. That means that I want to see the
receptacle from which the thieves took the papers. You have not breakfasted,
I think you said?”
“No, I was too anxious. I just hurried right out, to see you, without
thinking about breakfast.”
“Nevertheless, it is not well to work seriously without proper meals. Will
you honor me by taking breakfast here?”
“Thank you, I will,” answered Matthew Bentham. “Now that I have
confided the case to your hands, I am not so worried, and my appetite seems
to be returning.”
CHAPTER V.

THE HOLLOW TABLE LEG.

When Matthew Bentham’s motor car left Nick Carter’s house, it held,
besides Bentham, the chauffeur, and Nick, the latter’s assistant, Chick.
The detective had explained that he often found Chick’s quick
observation of inestimable benefit, and Bentham had been only too willing
for him to accompany them.
“I confess the whole thing is such a puzzle to me that I cannot see how
even you are to get to the bottom of it,” he remarked, as the car swept over
the Manhattan Bridge. “Perhaps Mr. Chick will see into the problem. At all
events, the more there are working on it, the better chance there seems to be
of success.”
Once in the library in Matthew Bentham’s house, with the door locked,
and only Bentham, Carter, and Chick in the room, the detective proceeded to
make a close examination of the window. There was only one window, and it
overlooked a garden at the back of the house.
Access to this garden could be obtained from the street through a narrow
passageway at the side of the house, which was guarded by a high wooden
gate, with a row of spikes on top. The gate had a spring lock, which could be
opened from without only by a key.
“The window has an electric burglar alarm, Carter,” observed Bentham,
as Nick began to look it over. “There was no indication that it had been
tampered with when I examined it this morning. The catch was properly
secured, too. I can’t think the thief got in that way.”
Nick Carter did not reply. Instead, he called to Chick, and throwing open
the window, went through and dropped to the garden beneath.
“Come down here, Chick, and look around,” he directed.
The ground below the window had been newly sown with seed, and as
yet was only sparsely covered with grass. Mr. Bentham intended to have a
small patch of lawn there eventually. So soft was the soil that the footprints
of sparrows who had been digging up the grass seed were plainly revealed.
“No footprints, so far as I can see, chief,” remarked Chick. “If any one
had been here, his heels would sink in a couple of inches.”
“That’s true, Chick. I agree with you. But I guess we’ll make sure no one
has been in the garden. Look all over it on that side, and I’ll do the same on
the other.”
In about ten minutes both of them were in the library again, with the
window closed.
“Now will you show me the place in which you hid the papers?” asked
Nick Carter, in a businesslike way. “But, if you don’t wish my assistant to
know, he will step outside the room.”
“I don’t wish him to do so,” interrupted Bentham. “Why should I? This is
a confidential affair, and certainly Mr. Chick is in my confidence when I
know he has proved himself worthy of yours.”
He pulled down the window shade, and added to his precaution by
closing a solid, wooden shutter inside. Then he hung a velvet jacket he
generally wore in the library on the handle of the door, so that it covered the
keyhole.
“I am not afraid of anybody eavesdropping,” he explained. “But I do not
want you to feel that it is possible. We are quite sure nobody can peek in
here now.”
He pulled out the drawer of his massive, mahogany library table and laid
it on a chair. Then he thrust his hand into the opening and pressed in a
certain spot. His next move was to replace the drawer, following this by
clasping with fingers the thick, round leg on his right as he sat at the table.
It seemed to take considerable strength to accomplish his purpose, and it
was several seconds before he slid the front of the leg around, disclosing an
opening in it some ten inches long and three wide. This part of the table leg
was hollow.
“There is the place, Carter. You see that it is empty.”
“Has anything about the table been forced?” asked the detective. “Or was
the table leg opened in the same way that you did it just now, by pressing
certain buttons and unscrewing part of the leg?”
“Nothing has been injured, so far as I can see,” returned Bentham. “Let
me show you just how it works.”
He took out the table drawer again, and Nick Carter, flash light in hand,
peered under the table. It did not take him a moment to understand the
ingenious contrivance.
“You see, what adds to the security of this table-leg cupboard, is that the
drawer must not only be taken out, but also put back, before the opening can
be made,” said Bentham. “It is not the kind of thing that could be discovered
accidentally.”
“That is apparent,” agreed Nick. “Whoever stole those papers knew just
how to get at them. Would you mind asking Miss Bentham to come into the
library for a few moments?”
“I will do so if you wish it,” was the reply. “But Clarice cannot help us.
She did not know anything about the papers being gone till I told her, and
she had no idea even then of their great importance.”
He rang the bell as he spoke, and in a minute a fresh-looking maid came
in and looked inquiringly at Matthew Bentham.
Nick Carter decided that it would be hard to suspect this maid of being
mixed up in the affair. Obviously, she was the sort of girl who would attend
to her work conscientiously, and think of nothing else after it was done
except her personal affairs—new clothes, and so forth.
“Mary, ask Miss Clarice to step here,” requested Bentham.
Almost directly, Clarice Bentham came into the room, followed by her
aunt, Mrs. Morrison.
“I took the liberty of coming with Clarice, Matthew,” explained Mrs.
Morrison. “I have not gone home yet, and I am very anxious to know
whether you have found out anything about your papers.”
Nick Carter bowed to Mrs. Morrison and Clarice. They returned his bow
with smiles, for both of them knew that the famous detective, Nick Carter,
was in the house. Neither had the slightest idea that this keen-faced man,
with the brisk manner, was the rather slow-spoken Doctor Hodgson whom
they had seen last night. It was not the detective’s intention that they should
know it, either.
“I am sorry to trouble you, Miss Bentham,” he began. “But it occurred to
me that it might be worth while hearing what Professor Ched Ramar said to
you last night when you were examining the big statue of Buddha in his
famous idol room. Everybody has heard of that wonderful image. Your
father tells me you examined it closely.”
“I did,” she admitted readily. “Professor Ched Ramar showed it to me
himself. He only told me that it was a fine specimen. Then he went away.
When I was alone, I climbed up to look at the face of the idol, and Doctor
Hodgson, who came into the room, spoke to me about it in a general way.
Professor Ched Ramar also came in, with my aunt, Mrs. Morrison, and my
father. Ched Ramar afterward gave me a small gold idol.”
“Yes? Was Doctor Hodgson there at the time?”
“I believe so. But I am quite sure Doctor Hodgson had nothing to do with
the loss of these papers, any more than Ched Ramar had. You don’t think my
visit last night had any connection with the burglary, do you?” she added,
with a quizzical smile.
He passed over this query, as if it were too absurd to be taken seriously,
and turned the conversation by hoping that the ladies were not fatigued by
their examination of Ched Ramar’s antiques the night before.
“That sort of thing always tires me excessively,” he explained. “I am
afraid I ought not to have come to you so early in the morning afterward.”
“This is not early, Mr. Carter,” protested Clarice, still smiling. “I am
ashamed to be so late. We have only just finished breakfast. By the way, here
is the gold idol that was given to me. I was looking at it just now when Mary
told me I was wanted in the library, and I forgot to put it down.”
She passed the idol to Nick Carter, and he stared at it intently for a few
seconds, as he tried to understand why the eyes looked so human, although
he knew they were only of skillfully fashioned glass.
“I will not detain Miss Bentham any longer,” he said to Bentham. “It was
hardly worth while to trouble her at all. But I thought possibly she might
have heard something that would put us on the right track.”
“You surely don’t suspect Professor Ched Ramar of stealing papa’s
papers, do you, Mr. Carter?” she asked, laughing. “I hope you’ll pardon me
if I say that you seem to look suspiciously at everybody. That is the way it
strikes me now. But I know it is the only way to find out things, and I do
hope you will find papa’s valuable papers. I hate to see him so worried.”
With a playful wave of the hand to Nick Carter, as if she were asking his
pardon again for speaking so bluntly, the girl went out of the room, followed
by her rather stately aunt, and Chick whistled softly to himself.
“She’s a mighty pretty girl,” he muttered. “But she’s rather too fresh in
the way she talks to the chief. He never suspects anybody without very good
reason.”
CHAPTER VI.

BROKEN THREADS.

For five minutes after Clarice and Mrs. Morrison had left the library, Nick
Carter sat in front of the table in a brown study. He felt as if he had run
against a brick wall, and that it would take some climbing to get over it.
“Chick,” he said, at last, “suppose you go down into the kitchen regions
and interview the Japanese young man you’ll find down there. His name is
Swagara. Find out if he has any Chinese friends, and whether he knows
Ched Ramar. Don’t be rough with him. Lead him on gently. Understand?”
“Yes. That’s clear enough,” replied Chick.
“You are wasting your time with Swagara, I’m sure,” put in Bentham.
“I’ll answer for him.”
“It is from apparently unlikely sources that valuable information often is
obtained,” answered Nick Carter quietly. “Oh, and by the way, Chick.”
He walked over to the door, where Chick already had his hand on the
knob, and spoke quietly to him for a few moments. Then Chick nodded
comprehendingly and went out.
“While Chick is talking to Swagara, will you have the cook and Mary up
here? I should like to question them in the presence of each other. No,”
continued Nick, with a smile, as he saw a peculiar expression in Matthew
Bentham’s face, “it isn’t that I want them to contradict each other, and so
prove that they are not telling the truth. In their nervousness they are likely
to tell different stories. My object is to get at the exact truth by letting one
remind the other of details she may have forgotten. I believe both those
young women are honest.”
The cook was a woman of thirty-five or so, while Mary was ten years
younger. When they came into the library, Nick Carter politely gave them
chairs side by side. Then he took a seat at the table and looked them over
judicially.
“I am sorry to say,” he opened, “that Mr. Bentham has lost something of
value, and he has permitted me to ask you a few questions. Of course, not a
shadow of suspicion attaches to anybody in the house, but we have asked
everybody to help. Miss Bentham and Mrs. Morrison have just told me all
they know—which is nothing at all. It may be the same with you, but you
won’t mind my asking you a few things, I am sure.”
This diplomatic way of putting it disarmed the two young women at once.
The cook, in particular, would have fiercely resented the slightest intimation
that she could touch anything which was not her own, and Mary would not
have been far behind.
“We shall be glad to tell anything that will help,” replied the cook, who
answered to the name of Maggie, and whose surname was Quinn. “But I do
not think either me or Mary can be of much help. What was it you were
wanting to know, sir?”
“Will you both cast your minds back to last night? Begin at ten o’clock,
after Mr. Bentham, Miss Clarice, and Mrs. Morrison had gone out, and think
carefully. Did anything whatsoever happen which was at all out of the
ordinary? Remember that what may seem of no moment to you may be of
importance to us. Please go over every moment.”
“I can’t think of anything out of the ordinary,” replied the cook. “I went
around, with Mary, to see that all the doors and windows were fastened.
Then we went to bed.”
“That’s so,” confirmed Mary. “We both went to bed.”
“And slept soundly all night?”
“Yes,” replied Mary. “Except——” she stopped.
“Yes?” prompted Nick. “Except what?”
“Well, we generally get up at seven o’clock. But something woke me at
six this morning, and I looked out of our window, which is in the front of the
house, on the top floor.”
“What did you see?”
“Nothing much, except Miss Clarice walking away from the front door,
and going fast down the avenue, to where the street cars pass. It wasn’t
anything remarkable, except that she doesn’t often go out so early as that.”
“I never knowed her to do it before,” put in the cook.
“Especially after being out so late the night before,” added Mary.
“You’d think she’d be tired,” remarked Maggie.
“Too tired to get up before six in the morning,” supplemented Mary.
“Where did she go when she went down the avenue?” asked Nick. “Did
you see whether she got on a car?”
“I didn’t see, sir,” was Mary’s reply. “But it would have been easy to do,
if she wanted to.”
“Look here, Carter!” interrupted Bentham impatiently. “This is sheer
waste of time. What if my daughter did take an early-morning walk? There
is nothing remarkable in that. She is a healthy young girl, with a love of
nature. When can you enjoy nature better than in the beginning of a fine
day? But it has nothing to do with this loss of my papers. How could it have
any bearing on such a matter?”
“Still, I should like to know,” insisted Nick. “This is all I want to ask of
these two young women, but I should like a few more words with Miss
Bentham. Perhaps Mary will tell her so when she goes out?”
Mary looked inquiringly at her employer. He nodded savagely, and Mary
and Maggie left the room.
When Clarice came in, a few moments later, she appeared to be slightly
surprised, but she took the chair her father pointed to without remark.
“Mr. Carter desires to ask you one or two more questions, my dear,”
blurted out her father angrily. “I don’t see the necessity, but perhaps I shall
understand later.”
His accent and manner said, plainly enough, that he did not expect to be
convinced, but he meant to give Nick Carter all the opportunity he sought.
“I shall be only too pleased to tell you anything I can, Mr. Carter,” she
said. “But I feel as if I have given you all the information I have—which is
simply nothing at all.”
“We can’t always tell at the beginning,” returned Nick. “I will not take up
much time, but there are one or two things I wanted to discuss with you, if
you don’t mind. You went for a walk this morning earlier than is your
custom, I believe?”
“Yes. But why do you ask?”
She smiled as she put this query, in the manner of one who feels
something like pity for a puerile question. The detective was not disturbed,
however. He continued his questioning in an even tone:
“Did you go for any special purpose, or merely for the benefit of the
exercise?”
She pondered for a few moments, as if this was something that had not
occurred to her. A slightly troubled look clouded her pretty face.
“I really cannot say exactly, Mr. Carter. But I think it was only because
the beautiful morning tempted me. I went to bed late last night—or, rather,
this morning. But it is often the case with me that, when I retire much later
than my usual time, I am awake several hours earlier in the morning. When I
wake, I always want to get up.”
“H’m!” muttered Nick Carter. “There is reason in that. I am often the
same way.” Then, in a more brisk tone: “Do you mind telling me where you
went?”
“I don’t mind at all. I went down this avenue till I got to where the trolley
cars pass. It had been my intention to go into the park for ten minutes or so.
But I thought it would be pleasanter to ride in one of the open cars for a few
blocks, and come back in the same manner. So I stepped on a car.”
“A Brooklyn Heights car?”
“Yes. It was going in that direction.”
“Do you remember where you got off the car, and what you did then?”
The girl shook her head, with a smile, and held out her two hands
protestingly.
“Actually, Mr. Carter, I cannot tell. I must have been so absorbed in my
own thoughts that I didn’t notice how far the car went, or where I left it. All
I know is that I found myself at home again after a while, and that I got off
the car that brought me here at the corner, two blocks down our avenue. I
had been thinking about various things the whole time, and I had performed
my whole journey mechanically. It is not often I do that, but it has happened
before, and if you had not asked me about it, I should not have given it any
further thought.”
The sincerity of the girl was beyond question, and Nick Carter knew he
could not expect to find out anything more from her. His manner was easy
and courteous, as he told her he was sorry to have troubled her, and begged
her not to think any more about him or his questions, either.
“I don’t mind the questions at all,” she declared. “If I could have told you
anything that would be of assistance to my father, I should have been only
too glad.”
“I am sure of that,” Nick assured her warmly.
When Clarice had gone out of the library, with a graceful bow and smile
for the detective, Matthew Bentham heaved a sigh of relief.
“I knew Clarice could not tell you anything that would have a bearing on
this case. I hope you will not consider it necessary to ask her anything more.
She is of a nervous temperament, and I am always careful not to do or say
anything to distress her when it can be avoided.”
“Naturally,” said Nick. “But, as you saw, the few innocent questions I put
did not agitate her. As for the case as a whole, I confess it is very baffling. I
shall have to go home and think it over.”
“You think you will be able to recover the papers eventually, do you not?
I suppose that is a foolish question, but I am so anxious that I cannot help
saying what completely fills my mind.”
“I shall not rest until I have satisfied myself on several points that have a
direct bearing on the mystery. I am in hopes that when I have done that, I
shall have a report for you that will be valuable. I cannot say any more than
that at this stage. I will call you up as soon as I have something to
communicate. Meanwhile, I should advise you not to walk about the streets
or go into public places much.”
“I never do, for that matter,” replied Bentham. “You think some of the
Yellow Tong might get after me personally then, do you?”
“Have you a gun?”
“Yes. I got a permit to keep one in the house and to carry it, some time
ago, when these burglaries began. Look!”
He showed a serviceable-looking automatic pistol in the table drawer, in a
chamois bag. Nick saw that it was well supplied with cartridges and ready
for instant use.
“That’s well,” said the detective. “If any of the tong should find their way
to you and ask insolent questions, or if you should see any suspicious
movements on the part of any burglar, I should advise that you shoot first
and ask questions afterward.”
Before Matthew Bentham could comment on this emphatic advice, Chick
came into the room and showed, in a way that Nick Carter understood—
although it meant nothing to Bentham—that he had something weighty to
communicate.
The detective arose and nodded carelessly to Chick.
“Ready to go, eh, Chick? I was just saying ‘good morning’ to Mr.
Bentham.”
“Did you find anything from Swagara?” asked Bentham, in a tone that
told plainly enough how surprised he would have been if the answer had
been in the affirmative.
“Swagara hadn’t anything to say of any consequence,” replied Chick, as
he and Nick Carter left the room and the house.

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