Part 7

The outlook was stormy. Mr. Folk felt now in full force the powerful interests that opposed him. The standing of some of the prisoners was one thing; another was the character of the men who went on their bail bond—Butler for the bribe takers, other millionaires for the bribers. But most serious was the flow of persons who went to Mr. Folk privately and besought or bade him desist; they were not alone politicians, but solid, innocent business men, eminent lawyers, and good friends. Hardly a man he knew but came to him at one time or another, in one way or another, to plead for some rascal or other. Threats of assassination and political ruin, offers of political promotion and of remunerative and legitimate partnerships, veiled bribes—everything he might fear was held up on one side, everything he might want on the other. “When you are doing a thing like this,” he says now, “you cannot listen to anybody; you have to think for yourself and rely on yourself alone. I knew I simply had to succeed; and, success or failure, I felt that a political future was not to be considered, so I shut out all idea of it.”

So he went on silently but surely; how surely may be inferred from the fact that in all his dealings with witnesses who turned State’s evidence he has not made one misstep; there have been no misunderstandings, and no charges against him of foul play. While the pressure from behind never ceased, and the defiance before him was bold, “Go higher up” was the challenge. He was going higher up. With confessions of Turner and Stock, and the indictments for perjury for examples, he re-examined witnesses; and though the big men were furnishing the little boodlers with legal advice and drilling them in their stories, there were breaks here and there. The story of the Central Traction deal began to develop, and that went higher up, straight into the group of millionaires led by Butler.

But there was an impassable barrier in the law on bribery. American legislators do not legislate harshly against their chief vice. The State of Missouri limits the liability of a briber to three years, and the Traction deal was outlawed for most of the principals in it. But the law excepted non-residents, and Mr. Folk found that in moments of vanity Robert M. Snyder had described himself as “of New York,” so he had Snyder indicted for bribery, and George J. Kobusch, president of the St. Louis Car Company, for perjury, Kobusch having sworn that he knew of no bribery for the Central Traction franchise, when he himself had paid out money. Kobusch turned State’s witness against Snyder.

High as these indictments were, the cry for Butler persisted, and the skeptical tone of it made it plain that to break up the ring Mr. Folk had to catch the boss. And he did catch him. Saved by missing the Suburban business, saved by the law in the Central Traction affair, Butler lost by his temerity; he went on boodling after Mr. Folk was in office. He offered “presents” of $2,500 each to the two medical members of the Health Board for their approval of a garbage contract which was to net him $232,500. So the “Old Man,” the head of the boodlers, and the legislative agent of the financial district, was indicted.

But the ring did not part, and the public faith in evil remained steadfast. No one had been tried. The trials were approaching, and the understanding was that the first of them was to be made a test. A defeat might stop Mr. Folk, and he realized the moral effect such a result would have. But he was sure of his cases against Murrell and Kratz, and if he convicted them the way was open to both combines and to the big men behind them. To all appearances these men also were confident, and with the lawyers engaged for them they might well have been. Suddenly it was decided that Murrell was weak, and might “cave.” He ran away. The shock of this to the community is hard to realize now. It was the first public proof of guilt, and the first break in the ring of little boodlers. To Mr. Folk it was the first serious check, for he could not now indict the House combine. Then, too, Kratz was in Florida, and the Circuit Attorney saw himself going into court with the weakest of his early cases, that of Meysenburg. In genuine alarm he moved heavy increases in the bail bonds. All the lawyers in all the cases combined to defeat this move, and the fight lasted for days; but Mr. Folk won. Kratz returned in a rage to find bail. With his connections and his property he could give any amount, he boasted, and he offered $100,000. In spite of the protest of the counsel engaged for him, he insisted upon furnishing $20,000, and he denounced the effort to discredit him with the insinuation that such as he would avoid trial. He even asked to be tried first, but wiser heads on his side chose the Meysenburg case.

The weakness of this case lay in the indirection of the bribe. Meysenburg, a business man of repute, took for his vote on the Suburban franchise, not money; he sold for $9,000 some two hundred shares of worthless stock. This might be made to look like a regular business transaction, and half a dozen of the best lawyers in the State appeared to press that view. Mr. Folk, however, met these lawyers point by point, and point by point he beat them all, displaying a knowledge of law which astounded them, and an attitude toward the prisoner which won the jury, and might well reform the methods of haranguing prosecutors all over this country. Naturally without malice, he is impersonal; he did not attack the prisoner. He was not there for that purpose. He was defending the State, not prosecuting the individual. “The defendant is a mere atom,” he tells his juries; “if we could enforce the law without punishing individuals, we should not be here; but we cannot. Only by making an example of the criminal can we prevent crime. And as to the prisoner, he cannot complain, because his own deeds are his doomsmen.” At one stage of the Faulkner trial, when ex-Governor Johnson was talking about the rights of the prisoner, Mr. Folk remarked that the State had rights also. “Oh, d—— the rights of the State!” was the retort, and the jury heard it. Many juries have heard this view. One of the permanent services Mr. Folk has rendered is to impress upon the minds, not only of juries, but of the people generally, and in particular upon the Courts of Appeal (which often forget it), that while the criminal law has been developed into a great machine to preserve the rights, and much more, of the criminal, the rights of the State also should be guarded.

Meysenburg was found guilty and sentenced to three years. The man was shocked limp, and the ring broke. Kratz ran away. He was advised to go, and, like Murrell, he had promises of plenty of money; unlike Murrell, however, Kratz stood on the order of his going. He made the big fellows give him a large sum of cash, and for the fulfillment of their promise of more he waited menacingly in New Orleans. Supplied there with all he demanded, this Council leader stepped across into Mexico, and has gone into business there on a large scale. With Kratz safely away, the ring was nerved up again, and Meysenburg appeared in court with five well-known millionaires to give an appeal bond of $25,000. “I could have got more,” he told the reporters, “but I guess that’s enough.”

With the way to both boodle combines closed thus by the flight of their go-betweens, Mr. Folk might well have been stayed; but he wasn’t. He proceeded with his examination of witnesses, and to loosen their tongues he brought on the trials of Lehmann and Faulkner for perjury. They were well defended, but against them appeared, as against Meysenburg, President Turner, of the Suburban Railway, and Philip Stock, the brewery secretary. The perjurers were found guilty. Meanwhile Mr. Folk was trying through both Washington and Jefferson City to have Murrell and Kratz brought back. These regular channels failing, he applied to his sources of information in Murrell’s (the House) combine, and he soon learned that the fugitive was ill, without money, and unable to communicate with his wife or friends. Money that had been raised for him to flee with had been taken by others, and another fund sent to him by a fellow-boodler did not reach him. The fellow-boodler did, but he failed to deliver the money. Murrell wanted to come home, and Mr. Folk, glad to welcome him, let him come as far as a small town just outside of St. Louis. There he was held till Mr. Folk could arrange a _coup_ and make sure of a witness to corroborate what Murrell should say; for, secure in the absence of Murrell, the whole House combine was denying everything. One day (in September, 1902) Mr. Folk called one of them, George F. Robertson, into his office.

They had a long talk together, and Mr. Folk asked him, as he had time and again, to tell what he knew about the Suburban deal.

“I have told you many times, Mr. Folk,” said Robertson, “that I know nothing about that.”

“What would you say if you should see Murrell here?” Mr. Folk asked.

“Murrell!” exclaimed Robertson. “That’s good, that is. Why, yes, I’d like to see Murrell.”

He was laughing as Mr. Folk went to the door and called, “Murrell.” Murrell walked in. Robertson’s smile passed. He gripped his seat, and arose like a man lifted by an electric shock. Once on his feet, he stood there staring as at a ghost.

“Murrell,” said Mr. Folk quietly, “the jig is up, isn’t it?”

“Yes,” said Murrell, “it’s all up.”

“You’ve told everything?”

“Everything.”

Robertson sank into his chair. When he had time to recover his self-control, Mr. Folk asked him if he was ready to talk about the Suburban deal.

“Well, I don’t see what else I can do, Mr. Folk; you’ve got me.”

Robertson told all, and, with Murrell and Turner and Stock and the rolls of money to support him, Mr. Folk indicted for bribery or perjury, or both, the remaining members of the House combine, sixteen men at one swoop. Some escaped. One, Charles Kelly, a leading witness in another case, fled to Europe with more money than anyone believed he owned, and he returned after a high time with plenty left. A leading financier of Missouri went away at about the same time, and when he got back, at about the same time with Kelly, the statute of limitation in the financier’s case covered them both.

With all his success these losses were made the most of; it was remarked that Mr. Folk had not yet convicted a very rich man. The Snyder case was coming up, and with it a chance to show that even the power of money was not irresistible. Snyder, now a banker in Kansas City, did not deny or attempt to disprove the charges of bribery; he made his defense his claim to continuous residence in the State. Mr. Folk was not taken unawares; he proved the bribery and he proved the non-residence too, and the banker was sentenced to five years’ imprisonment.

One other trial intervened, that of Edmund Bersch of the House combine, and he was convicted of bribery and perjury. But all interest centered now in the trial of Edward Butler, the boss, who, the people said, would not be indicted; who, indicted, they said, would never be tried. Now they were saying he would never be convicted.

When Boss Tweed was tried in New York, his power was broken, his machine smashed, his money spent, and the people were worked up to a fury against him. The most eminent members of the New York bar prosecuted him. The most eminent members of the St. Louis Bar were engaged to defend Butler. He was still the boss, he had millions of his own, and back of him were the resources, financial and political, of the leading men of St. Louis. That the people were against him appeared in only one sign, that of the special juries, carefully chosen to keep out men privately known to be implicated. These juries had invariably convicted the boodlers. Butler asked to be tried in some other town. Mr. Folk suggested Columbia, the university town of the State of Missouri.

Columbia was chosen, and Butler’s sons went up there with their heelers to “fix the town.” They spent money freely, and because the loafers drank with them plentifully, the Butlerites thought they “had the town right.” But they did not know Columbia; neither did Butler. When he stepped off the train, he asked genially what the business of the town was.

“Education,” was the answer.

“Education!” he blurted. “That’s a h—l of a business!” And he conducted himself as if he did not understand what it meant. His friends having prepared the way for a “good fellow,” Butler set about proving himself such, and his reception in the bar-rooms and streets was so flattering that it was predicted in his crowd that Folk would never leave Columbia alive. But Mr. Folk understood the people better. Stanch as the leading interests of St. Louis were against him, he always held that his unflinching juries meant that the silent people of St. Louis were against boodlers and out in the State he felt still surer of this. He was right. There was no demonstration for him. He was welcomed, but in decorous fashion; and all he saw by way of prejudice was the friendly look out of kind eyes that went with the warm pressure of strange hands. When the jury was drawn, every man on it proved to be a Democrat, and three were members of the Democratic County Committee. Mr. Folk was urged to challenge these, for, after all, Colonel Butler was at the head of their machine. He accepted them. He might as well have objected to the judge, John A. Hockaday, who also was a Democrat. “No, sir,” said Mr. Folk; “I am a Democrat, and I will try Butler before a Democratic judge and a Democratic jury.”

The trial was a scene to save out of all the hideousness before and after it. The little old court-house headed one end of a short main street, the university the other; farmers’ mule teams were hitched all along between. From far and near people came to see this trial, and, with the significance of it in mind, men halted to read over the entrance to the court these words, chiseled long ago: “Oh, Justice, when driven from other habitations, make this thy dwelling-place.” You could see the appropriateness of that legend take hold of men, and in the spirit of it they passed into the dingy courtroom. There the rows of intent faces seemed to express that same sentiment. The jury looked, the judge personified it. He alone was cold, but he was attentive, deliberate, and reasonable; you were sure of his common sense; you understood his rulings; and of his uprightness you were convinced by the way he seemed to lean, just a little, toward the prisoner. I don’t believe they will find any errors, however trivial, on which to reverse John A. Hockaday.[2] Even the prosecutor was fair. It was not Edward Butler who was on trial, it was the State; and never before did Mr. Folk plead so earnestly for this conception of his work. Outside, in the churches, prayer-meetings were held. These were private and undemonstrative; the praying citizens did not tell even Mr. Folk that they were asking their God to give him strength. Indirectly it came to him, and, first fine sign as it was of approval from his client, the people, it moved him deeply. And when, the plain case plainly stated, he made his final appeal to the jury, the address was a statement of the impersonal significance of the evidence, and of the State’s need of patriotic service and defense. “Missouri, Missouri,” he said softly, with simple, convincing sincerity, “I am pleading for thee, pleading for thee.” And the jury understood. The judge was only clear and fair, but the twelve men took his instructions out with them, and when they came back their verdict was, “Guilty; three years.”

Footnote 2:

See _Post Scriptum_, end of chapter.

That was Missouri. What of St. Louis? Some years ago, when Butler was young in corruption, he was caught gambling, and with the charge pending against him St. Louis rose to challenge him. Meetings were held all over the city—one in the Exchange downtown—to denounce the political leader, who, an offense always, had dared commit the felony of gambling. Now, when he was caught and convicted and sentenced for bribery, what did St. Louis do? The first comment I heard in the streets when we all got back that day was that “Butler would never wear the stripes.” I heard it time and again, and you can hear it from banker and barber there to-day. Butler himself behaved decently. He stayed indoors for a few weeks—till a committee of citizens from the best residence section called upon him to come forth and put through the House of Delegates a bill for the improvement of a street in their neighborhood; and Butler had this done!

One of the first greetings to Mr. Folk was a warning from a high source that now at length he had gone far enough, and on the heels of this came an order from the Police Department that hereafter all communications from him to the police should be made in writing. This meant slow arrests; it meant that the fight was to go on. Well, Mr. Folk had meant to go on, anyway.

“Officer,” he said to the man who brought the message, “go back to the man who sent you, and say to him that I understand him, and that hereafter all my communications with his department will be in the form of _indictments_.”

That department retreated in haste, explaining and apologizing, and offering all possible facilities. Mr. Folk went on with his business. He put on trial Henry Nicolaus, the brewer, accused of bribery. Mr. Nicolaus pleaded that he did not know what was to be the use of a note for $140,000 which he had endorsed. And on this the judge took the case away from the jury and directed a verdict of not guilty. It was the first case Mr. Folk had lost. He won the next eight, all boodle legislators, making his record fourteen against one. But the Supreme Court, technical and slow, is the last stand for such criminals, and they won their first fight there.[3] The Meysenburg case was sent back for retrial.

Footnote 3:

See _Post Scriptum_, end of chapter.

Mr. Folk has work ahead of him for the two years remaining of his term, and he is the man to carry it all through. But where is it all to end? There are more men to be indicted, many more to be tried, and there is much more corruption to be disclosed. But the people of St. Louis know enough. What are they going to do about it?

They have had one opportunity already to act. In November (1902), just before the Butler verdict, but after the trial was begun, there was an election. Some of the offices to be filled might have to do with boodling cases. Mr. Folk and boodling were the natural issue, but the politicians avoided it. Neither party “claimed” Mr. Folk. Both parties took counsel of Butler in making up their tickets, and they satisfied him. The Democrats did not mention Folk’s name in the platform, and they nominated Butler’s son for the seat in Congress from which he had repeatedly been ousted for fraud at the polls.

“Why?” I asked a Democratic leader, who said he controlled all but four districts in his organization.

“Because I needed those Butler districts,” he answered.

“But isn’t there enough anti-boodling sentiment in this town to offset those districts?”

“I don’t think so.”

Perhaps he was right. And yet those juries and those prayers must mean something.

Mr. Folk says, “Ninety-nine per cent. of the people are honest; only one per cent. is dishonest. But the one per cent. is perniciously active.” In other words, the people are sound, but without leaders. Another official, of irreproachable character himself, said that the trouble was there was “no one fit to throw the first stone.”

However, this may be, here are the facts:

In the midst of all these sensations, and this obvious, obstinate political rottenness, the innocent citizens, who must be at least a decisive minority, did not register last fall. Butler, the papers said, had great furniture vans going about with men who were said to be repeaters, and yet the registration was the lowest in many years. When the Butlerized tickets were announced, there was no audible protest. It was the time for an independent movement. A third ticket might not have won, but it would have shown the politicians (whether they counted them in or out) how many honest votes there were in the city, and what they would have to reckon with in the force of public sentiment. Nothing of the sort was done. St. Louis, rich, dirty, and despoiled, was busy with business.

Another opportunity is coming soon. In April the city votes for municipal legislators, and since the municipal assembly has been the scene of most of the corruption, you would think boodling would surely be an issue then. I doubt it. When I was there in January (1903), the politicians were planning to keep it out, and their ingenious scheme was to combine on one ticket; that is to say, each group of leaders would name half the nominees, who were to be put on identical tickets, making no contest at all. And to avoid suspicion, these nominations were to be exceptionally, yes, “remarkably good.”[4]

Footnote 4:

See _Post Scriptum_, end of chapter.

That is the old Butler non-partisan or bi-partisan system. It emanates now from the rich men back of the ring, but it means that the ring is intact, alert, and hopeful. They are “playing for time.” The convicts sitting in the municipal assembly, the convicts appealing to the higher courts, the rich men abroad, the bankers down town—all are waiting for something. What are they waiting for?

Charles Kratz, the ex-president of the Council, head and go-between of the Council combine, the fugitive from justice, who, by his flight, blocks the way to the exposure and conviction of the rich and influential men who are holding the people of Missouri in check and keeping boodling from going before the people as a political issue, this criminal exile, thus backed, was asked this question in Mexico, and here is the answer he returned:

“I am waiting for Joe Folk’s term to expire. Then I am going home to run for Governor of Missouri and vindication.”

* * * * *

_Post Scriptum_, December, 1904.—The tickets were not “remarkably good.” “Boodle” was not in the platform, nor “reform.” The bi-partisan boodlers, with reformers and “respectable” business men for backers, faced it out, and Boss Butler reorganized the new House of Delegates with his man for Speaker and the superintendent of his garbage plant (in the interest of which he offered the bribes for which he was convicted) for chairman of the Sanitary Committee.

And the Supreme Court of Missouri reversed his case and all the other boodle cases one by one, then by wholesale. The whole machinery of justice broke down under the strain of boodle pull.

Meanwhile, however, Mr. Folk uncovered corruption in the State and, announcing himself a candidate for Governor, has appealed from the Court to the People, from the City of St. Louis to the State of Missouri.

PITTSBURG: A CITY ASHAMED

(_May, 1903_)