and by waiving examination before the magistrate and consenting
voluntarily to having his client held for the action of the grand jury,
in which event Tony would be sent to the Tombs and there would be plenty
of time for Simpkins to get an assignment of Mrs. Mathusek's insurance
money before the grand jury kicked out the case. This also had the
additional advantage of preventing any funny business on the part of
Judge Harrison.

Delany was still undecided what he was going to do when the case was
called at two o'clock. It is conceivable that he might still have tried
to rectify his error by telling something near the truth, in spite of
Hogan, Asche and McGurk, but the opportunity was denied him.

At two o'clock Tony, a mere chip tossed aimlessly hither and yon by
eddies and cross currents, the only person in this melodrama of motive
whose interests were not being considered by anybody, was arraigned at
the bar and, without being consulted in the matter, heard Mr. Hogan, the
fat, kindly lawyer whom his mother had retained to defend him, tell the
judge that they were going to waive examination and consent to be held
for the action of the grand jury.

"You see how it is, judge," Hogan simpered. "You'd have no choice but to
hold my client on the officer's testimony. The easiest way is to waive
examination and let the grand jury throw the case out of the window!"

Delany heard this announcement with intense relief, for it let him out.
It would relieve him from the dangerous necessity of testifying before
Judge Harrison and he could later spill the case before the grand jury
when called before that august body. Moreover, he could tip off the
district attorney in charge of the indictment bureau that the case was a