CHAPTER XLVIII.

THE OFFICERS IN CHARGE OF FOULK STOPPED BY A LOCAL OFFICIAL AT

TOPEKA--THE HABEAS CORPUS DRAWN ON THEM--A LONG FIGHT FOR THE

POSSESSION OF FOULK--HE IS LIBERATED AND AGAIN ARRESTED, AND STOLEN

AWAY BY SMITH AND M'KEEVER, WHO LAND HIM SAFE IN THE KEYSTONE STATE.

But all was not accomplished, and not by any means the worst of it. The

officers sailed along over the Kansas Pacific quite smoothly. All went

well until they reached Topeka, Kan., where the party stopped to get

dinner. At this point W. D. Disbrow, the sheriff of Shawnee county, met

the officers on the platform on their way to dinner. The sheriff stepped

up boldly to the party, handing Mr. McKeever a paper purporting to be a

writ of habeas corpus, and laying his hand on Foulk, said, "And this is my

prisoner!" claiming that a requisition upon the governor of Colorado would

not hold good while a prisoner was in Kansas. Here was more of the work of

the Denver lawyers.

Quite a scene now ensued, and a crowd soon gathered around the platform.

High words followed, and both parties persistently claimed Foulk as their

prisoner. Foulk here had an opportunity to display his wrath, and he

seized it at once. He appealed to the crowd around him that he was

arrested illegally--had been robbed of his money--torn away from his

wife--had been given no "show" whatever--was the wrong man, etc.

The prisoner was then taken before Judge Carey, who concluded to postpone

the case, as he alleged, "to obtain evidence to prove that the prisoner

was not Foulk," but ostensibly for the purpose of bringing on a lawyer

from Denver to Topeka, with a view of having Foulk released if possible.

The sheriff's writ claimed that the prisoner was not C. H. Foulk. Judge

Carey decided that the officer who had him in charge was bound to prove

that the prisoner was the identical man wanted--C. H. Foulk. But on their

part the Topeka crowd had no evidence to offer that the prisoner was

Curtis and not Foulk, although Mr. McKeever was ready to swear positively

to Foulk's identification. Strangely enough, Judge Carey discharged the

prisoner in the very face of the fact that Mr. McKeever knew the prisoner

well and was ready so to testify.

Mr. McKeever then desired Sheriff Disbrow to rearrest Foulk, and Detective

Smith stepped up to the sheriff and said:

"I demand of you to arrest this man (pointing to Foulk), and hold him as a

fugitive from justice from the state of Pennsylvania, until we can have

time to swear out the necessary papers to hold him."

Sheriff Disbrow, however, persistently refused to interfere.

Mr. McKeever then inquired of Judge Carey whether "Sheriff Disbrow had not

the right to arrest Foulk without a warrant." The judge shook his head.

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:

"Ain't your name William Johnson?"

"My name is William Franklin," replied Mr. Smith.

The stranger continued: "I thought I knew you; once knew a man resembling

you very much."

"Guess you have struck the wrong man," replied the officer.

The stranger walked off and left the train at Sedalia, Mo., at 10:15 a. m.

Detective Smith had a curiosity to know more about him and stepped out

upon the platform, where he observed the man walk up to three others, and

handing them a paper, remarked: "They are not on this train."

All hands feeling fatigued after two days' excitement and an all-night

drive, they took a sleeping car and retired, Foulk consenting to sleep

between them. The officers, however, never closed their eyes. Next morning

they reached St. Louis, and from that point to Harrisburg had no further

trouble. Foulk denied his name until the party reached St. Louis, where he

admitted that he was Foulk and not Curtis. He was met at the depot by a

number of his former friends, who cordially shook him by the hand.

He was taken to Carlisle by Detective Smith, who collected his reward and

returned home, the money found upon Foulk being turned over when it became

known to whom it belonged. Next to Foulk himself, his Denver attorneys

fared worse than any one else. They fell into great disfavor because of

the part they took in the affair, and one of them soon left the city and

has not been seen in it since. Of course the damage suit against Cook was

soon dismissed.

The charges against Foulk were not proven, and after coming back to Denver

and getting his money, he went to Hot Springs, Ark., where in partnership

with another man he opened up a big gambling hall. Gen. Cook met him there

in 1883, going by the name of Potts. A couple of years after that Foulk

was shot by a negro policeman who was trying to halt him for fast driving.

The policeman called to him to stop, and he told him to "go to h--l." The

policeman shot him through the back of the head, killing him instantly.

A DESPERATE RAILROAD CONTRACTOR.

Hands Up; or, Thirty-Five Years of Detective Life in the Mountains and on the Plains Reminiscences by General D. J. Cook, Chief of the Rocky Mountains Detective Association · 第 22 / 39 章