A few days after he had been lodged in jail in St. Louis, Ashley C. Clover, Circuit Attorney of St. Louis, in company with Marshall F. McDonald, Assistant Circuit Attorney, drove out to my residence one night. I was then Chief Special Agent for the Missouri Pacific Railroad Company, and both Messrs. Clover and McDonald were personal friends of mine.
Mr. Clover stated that the object of their visit was in reference to the Maxwell case. He went on to state that although the arrest and returning of Maxwell from Auckland to St. Louis had cost the city of St. Louis a great deal of money, and the case had become one of international importance, yet he did not believe that the officers of the St. Louis police department had made any efforts to get at the real facts in the case. So far they had not found enough evidence to procure a conviction, in case the defendant went on the stand and testified that the giving of too much chloroform to Preller was an accident. Mr. Clover said that he wanted the real facts in the case. "For," he said, "while there is scarcely any doubt that Maxwell caused the death of Preller by an over-dose of chloroform, yet he may have done it innocently, and if such is the case, under our laws, he could not be convicted of the murder, and ought not to be, in my opinion. But, on the contrary, if he dosed him purposely and feloniously with forethought and malice, he ought to be convicted. If he did it innocently, and I could be assured of that, I would be pleased to ask the jury to acquit him, but, as I said before, if he is guilty it would be my duty as circuit attorney to insist on his conviction. And now, Tom, I want you to get the facts in this case for me."
To which I replied, "Mr. Clover, I really do not know anything about this case, except what I have read in the newspapers, and, of course, you know as well as I do that a man cannot base much of an opinion on a case of this kind on newspaper accounts, and, therefore, I wish you would give me a little time to think the matter over. I fully approve of the sentiments that you have expressed in connection with the case, and will be glad, indeed, to do all in my power to assist you."
Both gentlemen said they wished that I would take the matter under advisement until the following evening at eight o'clock, at which time they would again call at my house to talk the matter over with me.
The following evening at the appointed time they called and were both apparently anxious to learn what I thought I could do in the way of obtaining the facts pertaining to the case.
After the usual greeting, and when both had been seated, I said, "Gentlemen, I have been thinking about the case in question, and have become satisfied that there were but two people who knew the whole facts connected with the case, and the facts that you now desire to know. One of these persons is now in jail, and the other is dead. In my opinion Maxwell is the only living person who knows the facts, and, therefore, he is the only person from whom these facts can be obtained. I believe I can get those facts from him, but I want you gentlemen to understand that I am in the employ of the Missouri Pacific Railroad Company, and, of course, they are paying me for all my time, but if I were not in their employ I could not do this myself on account of my being so well known. For that reason it would be necessary for me to select a competent operative to do this work under my instructions. I shall be glad to do this, or anything else that I can do to assist you in unraveling this case, with the understanding that I am not to receive any compensation for what I may do myself, but I shall expect you gentlemen to pay the operative that I may use in this work the same amount of salary that we are paying him, and his actual expenses. As I said before, I will do all that I can, but will neither expect nor receive any remuneration for my services."
"Tom," replied Mr. Clover, "There is no fund provided by the city for the employment of outside talent for such work as this in question, but I expect to pay the expense out of my own pocket, and I shall insist on paying you for your services in connection with this matter."
I answered, "I will receive nothing for any work that I may do in the matter."
At this point in the conversation Mr. McDonald, who had been sitting quietly, listening to Mr. Clover and myself, said, "Tom, how do you expect to obtain the facts in this case? That's what I would like to know."
"Mr. McDonald," I responded, "I feel that it would be easier for me to go ahead and do this work, than it would be for me to undertake to tell you how I propose to do it."