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.”