“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.