ACT V

(FADE IN. STATION HOUSE NO. 4. CUT TO: MURDOCH'S OFFICE. BRACKENREID and CRABTREE look on as MURDOCH stands by his chalkboard and his diagram of the scene. It is still the morning of the tenth day of the month.)

MURDOCH
For the past several days, I have been operating under an assumption that I am beginning to call into question. When this crime was first committed, there seemed to be no reason for it. Mr. Akers was not relieved of his wallet or any other valuables on his person, so the killer's motive was not robbery. When we investigated who might want to kill Mr. Akers, we found that he was widely liked and respected. There was no one who wanted to harm him. Consequently, we had no suspects.

BRACKENREID
And then the brother, Terrence, came to us.

MURDOCH
Terrence, as we have seen, looks astonishingly like his brother. And we have established that Terrence, unlike Timothy, has many enemies, including enemies in Toronto. And so we assumed that whoever killed Timothy may have intended to kill Terrence.

CRABTREE
Mistaken identity.

MURDOCH
Yes. That assumption seemed to be reasonable, even unavoidable. But now, I am not certain that it is correct.

BRACKENREID
What? You're saying that whoever killed Timothy DID NOT intend to kill Terrence?

MURDOCH
Yes.

BRACKENREID
And you're saying that whoever killed Timothy MEANT to kill Timothy? This was NOT a case of mistaken identity?

MURDOCH
Exactly. Let me explain how I came to doubt that there was mistaken identity. First. The killer was waiting for his victim, in ambush. If the intended victim was Terrence, this simply makes no sense. How would the killer know that Terrence would be walking by? Terrence did not live in the area. Even if the killer knew that Terrence was in Toronto, how could the killer know that Terrence would be at this particular site at this particular time? If the intended victim was Timothy, on the other hand, the ambush makes sense. The attack took place near Timothy's home, along the route that Timothy took routinely on his way to his office. Second. If the killer's intended target was Terrence, why use a club as a weapon? Terrence is known to have bodyguards who accompany him at times, and should a bodyguard happen to be present, he could stop an attacker who was armed with a club. For anyone wanting to kill Terrence, a pistol would be a more sensible weapon.

BRACKENREID
I suppose you could also say that if the attacker wanted to kill Terrence, and saw Timothy coming down the path with no bodyguard, that attacker ought to wonder whether that the person might not be Terrence in the first place.

(MURDOCH makes a gesture so as to say, "Valid point.")

MURDOCH
If the intended victim is Timothy, then the use of a club makes more sense. Timothy will not have a bodyguard, and Timothy can be taken by surprise. Third. The scene of the crime. If the intended victim was Terrence, then the scene is a poor one in which to make the attack. There is no way an attacker would know that there would be no witnesses. Such an ambush would seem to carry a large risk of being seen.

CRABTREE
But the people who lived in the area all said that the path was not used much at that time of the morning, and there would probably NOT be any eyewitnesses.

MURDOCH
Exactly, George! These were people who lived in the area and who were familiar with the comings and goings of the residents. They based their knowledge upon what they observed over many days, weeks, or months. But a stranger, preparing to ambush Terrence, would not know that the scene would likely be free from witnesses.

BRACKENREID
Unless the attacker lived in the neighbourhood!

MURDOCH
That is right. And if the attacker was from the neighbourhood, it is more likely that the intended victim would be Timothy, who lived nearby, and not Terrence, who would be a stranger. Gentlemen. I believe we have been distracted by our focus upon possible motives against Terrence. I believe the intended victim was Timothy.

BRACKENREID (offhandedly)
So maybe it WAS the wife!

MURDOCH
But for some reservations, I would agree that she is indeed our most likely suspect. Mary Akers knew her husband's routine, what path he took, what time he went to work. She knew that very few people would be present at the time, and that there would likely be no witnesses. She could see Mr. Hull's carpentry shop, and she could see whether he had any scrap poles. She could have retrieved a pole at any time. But—

(BRACKENREID doesn't like the sound of that last word.)

BRACKENREID
But what, Murdoch?

MURDOCH
As I said, sir, I have some reservations about Mary Akers being a suspect. She would have had to hide behind the hedge waiting for her husband to come along his usual route. She would then have to strike him with sufficient force to kill him or render him unconscious. After striking him, she could have walked to Mr. Hull's shop and disposed of the weapon in his incinerator, then returned home and waited for things to unfold.

BRACKENREID
You don't think she could've done that?

MURDOCH
She does not seem to me to have the, uh, physique necessary to deliver a blow with such force. And, unless I miss my guess, she is left-handed. Julia said the assailant was probably right-handed.

BRACKENREID (disappointed that the case is not solved)
And there's also the problem of her motive, too.

MURDOCH (not sure motive is a problem)
We do have witnesses who say that Mary and Timothy fought—

BRACKENREID
Husbands and wives do that! It's a fact of life.

MURDOCH
— And money. Mary stands to collect on a one hundred thousand dollar life insurance policy. The benefit was raised from twenty thousand to one hundred thousand just a few months ago.

BRACKENREID
Yes, but didn't we learn a lesson from the Sawyer case? A wife getting money from a husband's death is usually not going to weigh much with a jury. Besides, I thought Mary had nothing to do with her husband's decision to increase the insurance benefit.

MURDOCH
She didn't. We've been told she learned about it after he had done it.

CRABTREE
I'm confused. Is she a suspect or not?

(BRACKENREID and CRABTREE look at MURDOCH.)

MURDOCH
Yes, she is a suspect. There is something else that may point to her involvement: the timing of the murder.

BRACKENREID
The timing?

MURDOCH
If we assume that Mary wanted Timothy dead, and wanted to raise a suspicion of mistaken identity, she would want to have the murder occur when Terrence was in town. She THOUGHT Terrence was in Toronto on the fourth, and the crime was committed on the morning of the fifth. We know, however, that Terrence lied to Mary about arriving in Toronto on the fourth, and that he actually arrived after the murder had occurred. We also know that Mary was aware that Terrence looked exactly like Timothy, and that Terrence had scores of enemies.

BRACKENREID
So if Mary ever DID get put on trial, she'd be able to show that Terrence and Timothy were look-likes, and Terrence had plenty of people out to get him.

MURDOCH
And I've found she can become teary-eyed, very convincingly, whenever she likes.

BRACKENREID
In other words, she'd turn on the tears to get the sympathy of the jury. That, combined with the plausible-sounding scenario that Terrence was the intended victim and that he had lots of enemies, and no jury would send her to the gallows.

MURDOCH
Yes. But— I'm not sure she was physically capable of committing the crime in the first place.

BRACKENREID
Nevertheless, we've got enough to bring her in.

MURDOCH
Let's go, George.

(CUT TO: THE AKERS HOME. MURDOCH and CRABTREE knock at the door. MURDOCH tries the front door and finds it locked. CRABTREE looks through a window and sees furnishings: tables, chairs, and the like. Abruptly WRIGHT approaches the front door, carrying his valise; he recognizes MURDOCH and sees that CRABTREE is a constable.)

WRIGHT
Detective. Officer. Somethin' I can do for you?

MURDOCH
We are here to see Mrs. Akers.

WRIGHT
This ain't her house no more. It's mine. She moved out.

CRABTREE
But her furniture is still here.

WRIGHT
I own that too. You officers want to see deeds and bills of sale? (pats his valise) I've got 'em right here.

MURDOCH
You bought the house and furnishings?

WRIGHT
Yes, sir, other personal property as well; liquidated the estate for cash. Got all the legal documents here. (pats his valise again). You want to see 'em?

MURDOCH
No. Do you know to where Mrs. Akers has moved?

WRIGHT
No, sir. She said something about going to live with her brother-in-law, I think.

(MURDOCH and CRABTREE exchange glances. MURDOCH sighs. CUT TO: STATION HOUSE NO. 4. CUT TO: BRACKENREID'S OFFICE. BRACHENREID and MURDOCH are standing close to one another; CRABTREE is standing apart from them.)

BRACKENREID
So she's gone.

MURDOCH
Yes. So, it seems, is Terrence Akers. We checked his hotel. He left town a few hours ago and his whereabouts are unknown.

BRACKENREID
Well, Terrence Akers is probably going back to Detroit. There's only so many roads he can take. You might be able to catch up with him. And if you find Mary Akers with him, that might wrap it all up. It would mean they planned this thing together, and now they're making their getaway.

MURDOCH (to CRABTREE)
Let's go, George!

(MURDOCH and CRABTREE exit the office, and as they pass through the constables' area, CRABTREE touches MURDOCH's arm.)

CRABTREE
Sir, do we know of ANY reason why Terrence Akers would plot to kill his own brother?

MURDOCH
No, but here's a question for you, George: why would an honest businessman like Terrence Akers have so many enemies who are involved with criminal activities?

CRABTREE
Because— he isn't really an honest businessman?

(MURDOCH smiles. CUT TO: A ROAD IN THE COUNTRY. TERRENCE is in a handsome, well-built carriage with a BODYGUARD. TERRANCE is driving. There is some luggage in the carriage. The carriage is moving slowly and comes to a stop when MURDOCH and CRABTREE step into the road and signal for it to stop. Other CONSTABLES, possibly from another jurisdiction, are also present, and they take up strategic positions around the carriage.)

TERRENCE
Detective Murdoch. When I saw people waiting on the road up ahead, I wondered what was going on. But I didn't expect to see you.

MURDOCH
It helps to know the train schedules. That is how I was able to catch up with you.

TERRENCE
Well, now that you have caught up with me, what can I do for you?

MURDOCH
Would you come down off the carriage, please?

TERRENCE
Certainly.

(TERRENCE gestures to his BODYGUARD and they both nimbly dismount.)

MURDOCH
Would you tell us, please, what freight you are carrying?

TERRENCE (with an air of nothing to hide)
How about this, I'll show everything to you. And then I'll show you the paperwork, which I'm certain you will find to be in order.

(MURDOCH and TERRENCE move to the luggage, many pieces of which are large enough to hold a person. TERRENCE opens each container, and they are shown to contain various goods, but no people. MURDOCH moves some of the goods around, but there are no people in the containers. There is no obvious place where a person might be hiding.)

TERRENCE
Satisfied? Now, I'll show you the paperwork.

MURDOCH
Never mind the paperwork. (Shouts.) Mrs. Mary Akers, you can come out, now!

(TERRENCE immediately becomes uneasy, but there is nothing he can do; there are too many CONSTABLES with their eyes on him.)

MURDOCH (shouting)
Toronto Constabulary! Mrs. Akers, come out!

(MURDOCH knocks on the carriage.)

MURDOCH (shouting)
Mrs. Akers, Mary, come out right now!

(A panel moves, and MARY slides out from a hidden compartment in the carriage. The hidden compartment was very well-hidden.)

MURDOCH
Curious how a man who denies being a smuggler has a hidden compartment like that.

TERRENCE
It's for legitimate purposes of security!

MURDOCH
Yes, and it was securing Mary Akers.

(MARY is helped onto the ground by CRABTREE.)

MURDOCH (shouting)
Mr. Timbrook, you may come out right now as well! Mr. Timbrook?

(CRABTREE is surprised to hear MURDOCH say this, but presently, TIMBROOK sticks his head out of the compartment. Another CONSTABLE helps remove TIMBROOK from the carriage.)

MURDOCH
Mrs. Akers, Mr. Timbrook, you are under arrest for the murder of Timothy Akers. Mr. Akers, you are under arrest for aiding and abetting fugitives.

(CONSTABLES seize TERRENCE, TIMBROOK, and MARY. The BODYGUARD makes a move to interfere, but CRABTREE steps in his way.)

CRABTREE (sternly to the BODYGUARD)
This is police business, sir. Do not interfere.

(The BODYGUARD does not interfere.)

TERRENCE
Fugitives? I didn't!

MURDOCH
Oh, they were just ordinary passengers? I suppose there was simply not enough room in the carriage for them to ride in the open air, and that is why they were in that hidden compartment. Forgive me, but I'm skeptical.

(TERRENCE would like to talk himself out of the mess, but can't think what to say. MURDOCH smirks. CUT TO: BRACKENREID'S OFFICE. BRACHENREID is sitting in his chair, MURDOCH and CRABTREE are standing.)

BRACKENREID
What the Detroit police said was true. Terrence Akers will smuggle anything, if the money is right. He'll even smuggle the suspected killers of his own brother! And Mary, it seems, had money.

MURDOCH
Yes, from the insurance, and the sale of her husband's real and personal property, which Mr. Wright arranged. Mr. Timbrook had some assets as well. They were planning to start a new life together in the States.

CRABTREE
And Timbrook, who sold her late husband the large insurance policy: he was the actual killer?

MURDOCH
I believe so. On their way back to Toronto, Mary admitted they'd been seeing each other secretly for several months. Mary also said a few things to suggest that, not only did Mr. Timbrook kill Timothy, the whole scheme was Mr. Timbrook's idea, a point with which Mr. Timbrook adamantly disagreed. That is, they did not deny their conspiracy to kill Timothy; they only argued as to who was responsible for coming up with the plan. It seems likely to me that Mary planned much of it, and Mr. Timbrook did the actual deed.

BRACKENREID
That Timbrook better be right-handed, Murdoch!

MURDOCH (smiling)
He is. And his height and physical build are consistent with what we know about the killer.

CRABTREE
But how did you even know Timbrook was involved, sir?

MURDOCH
I spoke to Mr. Jones of Stately Insurance shortly before I went to Mary's home. Mr. Jones said a man named Timbrook had sold her husband the large policy. When I arrived at Mary's home, there was a man there named Timbrook. It seemed reasonable to assume that he was that very agent, and it seemed logical that that he was there to talk about insurance matters. But presently I realized that he was there for— purposes other than insurance. He was there on a, uh, social call.

CRABTREE
What tipped you off, sir?

MURDOCH
For one thing, Mr. Akers's insurance claim was being handled by entirely Mr. Jones, not by Mr. Timbrook. And for another, Mr. Timbrook had no papers.

CRABTREE
No papers, sir? Is that suspicious?

MURDOCH
George, have you ever had a meeting with an insurance agent, and talked about insurance, where the agent DIDN'T ask you to look at papers about coverages, risks, policies, payouts and so forth and so forth?

CRABTREE (nodding, smiling)
An insurance agent without papers: very suspicious indeed, sir!

(FADE OUT.)

THE END