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."
Mr. Clover then said, "Tom, I am going to place this matter in your
hands. I want you to go ahead and get this thing started as soon as
possible, as the defendant's attorneys are clammoring for a speedy
trial, and I do not wish to keep them waiting any longer than I can
help. You do this work in your own way and I will pay the bills."