I answered, "Yes, he received no cotton."

"Then," said Mr. McBride, "the agent signed the bills of lading for

fraudulent purposes, and therefore his signature was unauthorized by the

company who employed him, and under the Canadian law he is a forger,

while the other conspirators would be guilty of uttering and publishing

forged paper. The penalty would be just as severe for the latter

offense, under the Canadian law, as it would be for forgery."

I neglected to state that after I had located No. 2, at London, Ontario,

the railroad company's attorneys were informed by the judge who presided

over the criminal court at Dallas, Texas, that in his opinion the

fraudulent bills of lading heretofore described were not forgeries, as

they had been signed by the company's agent, and for this reason, I

presume, Gov. Brown instructed me as he did, he knowing that the

fugitive, No. 2, could not be extradited from Canada unless we could

substantiate a charge for forgery against him. No doubt, at the time,

Gov. Brown believed the ruling of the Texas judge was correct. All of

which I fully explained to Mr. McBride, to which he replied, "A Texas

judge has no jurisdiction in Canada, and his opinion or construction of

our law would amount to nothing here. And if you find any fugitive from

the United States in Canada, who has been connected with the swindle,

you will have to identify them as being the right parties, and then set

forth the manner in which the swindle was enacted and the amount of

money or property secured by the swindlers, and it does not make any

difference what name the Texas statutes or the Texas judge gives the

crime committed in the manner you have described to me, it would be

forgery here. You must understand that you must comply with the

requirements of the Canadian laws in order to extradite a fugitive from

Canada. If you should find your fugitive here in London you can, if you

desire, go to any other county or city in the province of Ontario and

make your complaint, have a warrant issued for the arrest of the

fugitive, bring an officer from that county or city to serve the

warrant, arrest him here and take him immediately before the magistrate

who issued the warrant, and have the prisoner committed to jail for two

weeks without bail. At the expiration of the two weeks, should you

desire an additional two weeks, you can secure same by convincing the

magistrate that you were unable to secure the presence of the necessary

witnesses to substantiate the identity of the prisoner, and his

connection with the swindle; our law will allow you these continuances.

After the prisoner had had his preliminary hearing, if the testimony

offered should be sufficient to satisfy the magistrate, he would then

fix the bond at the amount of four times the amount involved in the

swindle, which would be in this case nearly one-half million dollars."

After McBride had finished the foregoing advice to me, I thanked him and

paid him his fee, which was only $10.00, and went to Chatham, Ontario.

Chatham is the county seat, about fifty miles west of London, and just

half way between London and Detroit, Michigan.

I found the queen's counsel at Chatham, to whom I fully explained my

case. Whereupon, he verified and approved the advice I had received from

Mr. McBride of London. I at once filed the necessary complaint, and

procured a warrant for the arrest of No. 2. The warrant was addressed

and given to the chief of police of Chatham, who accompanied me back to

London, where I pointed out the fugitive to him.

We arrested him immediately and took him to Chatham, where he was locked

up as a fugitive, and his hearing set for two weeks later in accordance

with the Canadian law.

The reader will remember that when I first located No. 2 in London he

was surrounded by newly found friends there, a number of whom were

fugitives like himself. For this reason I felt it prudent to begin legal

proceedings against him in a country where both he and I were strangers

and avoid the annoyance and trouble which his sympathizing fugitive

friends were sure to cause.

As soon as No. 2 was safely lodged in jail I wired Gov. Brown at St.

Louis, Missouri, stating that I had arrested and locked up No. 2 on the

charge of being a fugitive from the state of Texas, United States of

America, that the hearing was set for two weeks later and that while

passing through St. Louis on my way to Texas, I would stop over long

enough to report in person to him. In about two hours I received his

reply, which was a severe reprimand, and read as follows: "Why did you

disobey my instructions when you knew that I had instructed you as to

what the Texas judge had decided, and therefore, the fugitive could not

be extradited from Canada under the existing treaty, nor in accordance

with the act of Congress, which provides for said treaty. Answer."

(Signed) John C. Brown.

To which I answered as follows:

"Hon. John C. Brown, General Solicitor, Missouri Pacific Railroad Co.,

St. Louis, Missouri:--I disregarded your instructions, finding them

erroneous, and that you did not understand the law pertaining to this

case. Have also learned that a Texas Judge's ruling are not considered

in Canada, as I find that I can legally extradite the fugitive from

Canada under the present law." (Signed) Thomas Furlong.

After sending the above message, I borrowed a copy of the revised

statutes of Canada from the Crown Counsel, who would be called

prosecuting attorney in the United States. He marked each section of the

statutes which pertained to our case. I at once put the law book in my

grip, and started for St. Louis, arriving there the following morning.

I immediately reported to Vice-President Hoxie, whom I found in his

office. After the usual greeting Mr. Hoxie said to me, "Tom, Gov. Brown

showed me a message that he had received from you yesterday. He appeared

to be quite angry."

To which I replied, "I am here to explain my actions fully, and I wish

you would kindly request Gov. Brown to come to your office at his

convenience, as I think my explanation should be made to him in your

presence so that one explanation may serve both. My time is limited, as

I must go to Texas and procure certain witnesses and return with them to

Chatham, Ontario, within two weeks, the time set for the hearing."

Whereupon, Mr. Hoxie sent for Gov. Brown, who appeared in a few moments.

After the usual salutation, I repeated the instructions I received from

him. I then stated that I had found it impossible for me to have carried

out the instructions in Canada without subjecting myself to prosecution,

and probably a sentence to the penitentiary, and I, therefore, concluded

to do the next best thing, which was to employ a competent attorney, who

advised me as to my rights and how to proceed legally under the laws of

that country. I then produced the copy of the statutes, which I had

borrowed from the crown counsel, and directed Gov. Brown's attention to

the marked sections before mentioned, which he carefully read. After he

had finished I produced and read the telegram I had received from him,

at the same time calling his attention to the question he had asked me

to answer in his message.

He then compared his message with the one he had received from me in

dignified silence, and then without a word handed the two messages to

Mr. Hoxie, near whose chair he was standing. Mr. Hoxie read them and

then looked up at the Governor and said, "Governor, what do you think of

this matter?"

For answer Gov. Brown deliberately walked around the table to where I

was sitting and extended his hand to me, and I arose and took it. He

turned to Mr. Hoxie and said in a pleasant manner, "Furlong was right

all the way through." Then turning to me he said, "Furlong, you ought to

have been a lawyer. I was a little angry when I received your message

yesterday, but I see that it was all right, as you only answered the

questions I had asked you."

I left St. Louis for Dallas that night, and while there I arranged with

the Chief of Police, Jim Arnold, and other well-known citizens, to

accompany me to Chatham, Ontario, as witnesses in the case pending

against No. 2. These witnesses had all known No. 2 for years, and were

familiar with his reputation as to truth and veracity, his business

connections, etc. The witnesses and myself arrived in Chatham in time

for the hearing of No. 2.

The judge, after hearing the evidence, committed No. 2 to jail without

bail to await extradition papers from the President of the United States

and the Governor General of Canada. No. 2 was defended in the hearing by

two noted barristers, who at once appealed to a higher court. In due

time the appeal was argued and the action of the lower court sustained;

whereupon No. 2's counsel had the case taken up to the Privy Court at

Toronto. This court affirmed the action of the lower courts, and it

being the highest tribunal in Canada its decision was final and No. 2

was committed without bail for extradition.

I immediately left Toronto for Washington, D. C., having already

received the necessary papers from the state of Texas. I presented these

to the Department of Justice in Washington, on the evening of my arrival

there, and they were promptly approved and sent to President Cleveland

for his signature. By the way, these papers were the first of their kind

ever signed by President Cleveland, it being but four days after his

inauguration for his first term as President of the United States. The

papers were delivered to me and I left for Chatham, Ontario, for the

purpose of taking No. 2 back to Dallas, Texas, for trial and bearing the

commission of President Cleveland to do so.

The following day the train on which I was riding stopped twenty

minutes at Canandaigua, New York, for dinner. As I was eating my dinner

a messenger boy called out my name at the dining room door. I answered

and he handed me a telegram, which was from the high sheriff of Chatham,

and read as follows:

"When my jailor went to the cell occupied by No. 2 at twelve o'clock to

day he found him dead. Had apparently been dead an hour. Cause of death

yet unknown. Probably heart failure."

I wired him that I would be in Chatham on the following morning. On my

arrival there a post-mortem autopsy was made of the body of No. 2, and

it developed that he had committed suicide by taking laudanum. The

sheriff and the jailor have never been able to satisfy themselves as to

how No. 2 got possession of the poison. He had friends and relatives who

lived at Jackson, Michigan, who called at Chatham and identified the

body, and took it to Jackson for burial.

I then returned to Dallas, Texas, so as to be present at the trial of

No. 1 and No. 4, they being the only two of the swindlers left for

trial.

When I had first arrested the swindlers and placed them in jail at

Dallas, the Prosecuting Attorney called me to his office and told me

that the defendants had employed a number of the most able attorneys at

that bar to defend them, and he said that he thought that the railroad

company ought to permit him to select an attorney to assist him in the

prosecution of the defendants. I told him that I had no doubt but that

General Solicitor Brown would do so if he would make the request of him.

He replied that as I was going direct to St. Louis that he wished me to

make the request for him, which I did. When I delivered his request to

Gov. Brown, he replied that Capt. Tom Brown, of Sherman, Texas, was the

railroad company's attorney in that district, an able lawyer, and he

would be glad to instruct him to assist the Prosecuting Attorney in

every way that he could, or, he would furnish him any other of the

company's attorneys in Texas, should he believe their assistance

necessary, and that he would take it up with the Prosecuting Attorney at

Dallas and make all the necessary arrangements.

I communicated these facts to the Prosecuting Attorney. Later Gov. Brown

informed me that he (the prosecuting attorney) had selected a lawyer to

assist him who was not in any way connected with the railroad service,

and that he had suggested that this assistant should be paid a fee of

five or six thousand dollars by the railroad company for his services.

Gov. Brown further stated that the attorney selected for an assistant

was not looked upon with favor by either himself or any of his

assistants. Some of the assistants connected with the legal department

of the railroad company, under General Solicitor Brown, refused to

associate themselves with the cases if the man selected by the

Prosecuting Attorney was connected in any way with them. His services

were refused and Capt. Tom Brown went to Dallas for the purpose of

assisting in the prosecution of the two remaining accused swindlers.

I had turned the duplicate bills of lading over to Capt. Brown and on

the morning of the trial of No. 1 and No. 4, he placed these papers in

his overcoat pocket with other documentary evidence. He was a little

late and hastened into the dining room, leaving his coat and hat on a

rack in the corridor of the hotel. When he finished his breakfast and

returned to his overcoat he discovered the papers had been stolen. When

the cases were called into court, the prosecuting attorney asked that a

nolle prosequi be entered in the cases, thus letting two of the

principals in the swindle go free.

Thus ended the cotton swindle, the most gigantic swindle of this kind

that had ever taken place in the United States, or, I believe, in any

other country up to that time.

Capt. Tom Brown was afterwards elected as Judge of the Supreme Bench of

Texas, and was always esteemed as an able jurist and a thorough

gentleman.

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