Detective Smith: “Judge, won’t you order the sheriff to arrest him till we take out the necessary papers?”
Judge Carey: “I have no right to do so.”
Foulk’s attorneys, Messrs. Brown and Carlisle, together with Sheriff Disbrow and one or two of his deputies, then hurried the prisoner across the street to a blacksmith shop, where Sheriff Disbrow ordered the smith to “take off this man’s irons, and do it quickly.” Meanwhile a crowd of about forty or fifty persons gathered around the smith shop to witness the proceeding. In the shop stood a horse hitched to a post. The officers expected that Foulk, after his shackles were removed, would spring upon the animal’s back and gallop off. “Had the prisoner attempted that move,” said Detective Smith, afterwards, “instead of landing him safe in Harrisburg, he perhaps would now be looking from behind the bars of the Topeka prison.”
Soon as Foulk started out of the court room, Mr. McKeever repaired to the office of Justice Serrell to procure a warrant. Remaining away rather long, Mr. Smith went after him and pressed the justice for the warrant desired. The justice replied, “I can not give you a warrant without a complaint.” Mr. Smith then made the charge himself, and carrying the document before the justice of the peace, swore to the same and obtained a warrant for the rearrest of Foulk.
Smith then looked for the sheriff or one of his deputies (there were three or four in all), but found only one of the deputies. He stated to the man that he now had a warrant for the rearrest of Foulk, and desired the deputy to go with him and arrest Foulk speedily as possible. The deputy laughed in Mr. Smith’s face and said: “Oh, I have not the time to spare!”
After a full half-day’s work, Constable Fred Miller was found, and he agreed to serve the warrant. The same afternoon at 3 o’clock Foulk was given a hearing, and held in $4,000 for ten days.
The requisition from Gov. Hartranft to the governor of Kansas arrived on the next Sunday, and on Monday the governor’s warrant came to hand. Thus matters rested till 9 o’clock Monday night, when the officers who had Foulk in charge caused it to be reported that they would start East on Tuesday morning. One of Foulk’s lawyers repaired to the sheriff’s office and told that officer not to deliver up Foulk after night. District Attorney Vance stated to Sheriff Disbrow that he was in duty bound to hand over the prisoner whenever the officer wanted to go East with him.
The officers then devised the following plan of action in order that there might be no further interference. They made, or rather pretended to make, confidants of a number of Topekans, and stated to them that they would leave Topeka by team; would strike for the Atchison and Nebraska railroad at Brenner’s station, fourteen miles northwest of Atchison; that it would take three or four days to get there, and by that time the friends of Foulk would leave the track of them and give them no further trouble. This ruse worked splendidly. Instead of taking the above route, they left North Topeka the same night, driving at a rapid gait three-quarters of a mile; thence headed southward the same distance; then headed due east to Lawrence, distance twenty-eight miles—all after dark. From Lawrence they drove to Plymouth Hill station, Mo., 120 miles from Topeka, traveling with Foulk now as a companion, having no irons on him. The above distance was made from Monday, 9 p. m., till Tuesday, 7:55 p. m., when they boarded the Missouri Pacific train eastward bound.
McKeever procured the tickets and attended to the baggage while Mr. Smith got Foulk on the train on the side opposite the platform, unobserved. Three tickets were purchased for St. Louis, one of which was placed in Foulk’s hands, so that the conductor could obtain it without exciting suspicion. Smith sat behind the prisoner and McKeever opposite.
Directly afterward a well built, robust man came through the cars, stopping in front of Detective Smith, eyeing him and Foulk sharply. (The man was supposed to be an officer with an official paper.) Eyeing Mr. Smith for a few minutes, he said: