"If you think Smith is entitled to immunity from prosecution, I am quite willing that he should have it, but this old score must be adjusted first, and the sooner Smith comes to recognize this fact, the better it will be for him. There will be no time for letter writing about it, either—it must be done by wire; so, before we go any further, it might be just as well to put on your thinking cap and act upon the basis indicated."
"But, Steve," protested Kribs, "didn't you have some sort of a lawsuit over that money?"
"Yes, I got service on him in San Francisco, late at night, at the St. Francis hotel, where he was stopping under an assumed name in order to avoid such a contingency; but that has been something like five or six months ago, and as he is surrounded by a regular army of paid attorneys constantly, there is no telling when my case against him will come to trial. Smith's lawyers will probably keep putting it off from time to time, and heaven only knows when I shall get my money, if at all. I have an opportunity now to do him a favor, but as I said before, he must come through first."
"What assurance have I that you will be able to get Smith off?" asked Kribs.
"My word," I replied, "and if you don't want to take that, just let the matter drift and watch the result. I will surely land Smith if he persists in his present course. If, however, you care to present my claim to him, and he responds by wiring the money to me immediately, I will agree that no indictment will be brought against him."
"Steve," responded Kribs, "I believe you mean this, and just to show that I want to do what is right, I will address Smith today and forward the letter by first mail, which will bring it into Minneapolis within three days. I will furnish him with full particulars, and inform him that a telegraphic reply must be received within four days at the very outside. Grant me that much time, and if it be possible to get that matter settled, I will surely do my best. Will that be satisfactory?"
"Agreed," said I, "but remember, just four days, at the very utmost."
After this arrangement, it devolved upon me to keep Kribs away from Messrs. Heney and Burns until such time as I was enabled to get a settlement out of Smith, and to do this I was obliged to exercise considerable diplomacy.
I was not worrying about my ability to fulfill my agreement with Kribs, as Smith had committed no crime for which he could be brought to account at this particular juncture. The fact was, the statute of limitations had run against his offense, consequently he could not be indicted for conspiracy to defraud the Government, and so far as committing perjury or being guilty of subornation of perjury was concerned, there was no evidence connecting him with either.
Kribs, of course, could be indicted for subornation of perjury, but Smith was outside the pale of the law in that respect, consequently, in promising Kribs that I would use my best endeavors in behalf of Smith, and going so far as promising him immunity from prosecution, I merely did that which any child on the streets of Portland could have done with perfect impunity. In other words, I hoodwinked Kribs to the extent of presenting him with a "Barmecidal feast," where all the guests sat down to imaginary dishes. Kribs either did not know this, or else was familiar with some of Smith's more recent acts of a crooked character of which neither the Government nor myself had any knowledge.
It is obvious, therefore, why I did not wish Kribs to come in contact with Mr. Burns. It was policy to keep them apart until such time as I had a reply from Smith. Upon my return to Burns' office, I was asked as to the result of my conference with Kribs. so I told Mr. Burns, having in mind the object just stated, that Kribs was sure to tell everything, but it would never do to force him too strongly.
"Just give him time," I said, "and he will cough up everything he knows."
Happily, Mr. Burns coincided with my ideas, so I felt secure in my position, for the time being, at least.
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