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both sides agreed that this writ should not be returnable for six
days。 During this period District Attorney Jerome employed Messrs。
Baker; Botts; Parker and Garwood to represent him and secured from
Governor Odell at Albany a requisition on Governor Lanham of Texas
for the extradition of the prisoner; which he entrusted to
Detective Sergeant Herlihy of the New York Police。 Herlihy reached
Houston with the papers on the evening of January 30th; and on the
same train with him came Abraham Kaffenburgh; a member of the law
firm of Howe and Hummel and a nephew of the latter。 Likewise also
came Bracken; still styling himself 〃E。 M。 Bradley;〃 and from now
on Bracken was the inseparable companion; guide; philosopher; and
friend (?) of the unfortunate Dodge; whose continued existence upon
this earth had become such a menace to the little lawyer in New
York。
Herlihy; accompanied by Judge Garwood; proceeded direct to Austin
where they found Dodge already represented by Messrs。 Andrews and
Ball who; at the hearing before Governor Lanham; made a strong
effort to induce that executive to refuse to honor the requisition
of the Governor of New York。 This effort failed and Governor
Lanham issued his warrant; but Herlihy had no sooner returned to
Houston for the purpose of taking possession of the prisoner than
he was served with an injunction enjoining him; together with Chief
of Police Ellis; from taking Dodge into custody; pending a hearing
upon a new habeas corpus which had been issued by Judge Waller T。
Burns of the United States District Court for the Southern District
of Texas。 This new writ was returnable February 9th。
After exhaustive but futile argument by the counsel for Dodge;
Judge Burns remanded the prisoner to Herlihy's custody to be
returned to the State of New York; but this decision had no sooner
been rendered than an appeal was taken therefrom by Dodge's
lawyers; and the prisoner released upon bail fixed at twenty
thousand dollars。
During this period Dodge was quartered under guard at the Rice
Hotel in Houston; and the day following the argument the twenty…
thousand…dollars bail was put up in cash and Dodge released from
custody。
In the meantime; however; Jesse; knowing that no sum; however
large; would deter Hummel from spiriting Dodge out of the country;
had made his arrangements to secure a new extradition warrant from
the Governor of Texas; so that if the prisoner did succeed in
getting beyond the Southern District of the Federal Court of Texas;
he could be seized and conveyed to New York。
Of course someone had to keep watch over Dodge while Jesse hurried
to Austin to see the Governor; and it was decided to leave Sergeant
Herlihy; re…enforced by a number of local detectives for that
purpose。 But while the watchful Jesse was away; Bracken proceeded
to get busy in the good old Howe and Hummel fashion。 Lots of
people that Herlihy had never seen before turned up and protested
that he was the finest fellow they had ever met。 And as Herlihy
was; in fact; a good fellow; he made them welcome and dined and
wined at their expense until he woke up in the Menger Hotel in San
Antonio and inquired where he was。
Jesse meantime had returned from Austin to discover that Dodge with
his companions; Kaffenburgh and Bracken; had slipped out of Houston
early in the morning of February 11th; after disposing of Herlihy
and eluding the watchfulness of Herlihy's assistants。 Hummel was
leading and by ten o'clock the next morning Dodge and his comrades
were on board an English merchantman lying in the harbor of
Galveston。 Later in the same day the Hummel interests chartered
from the Southern Pacific Railroad for the sum of three thousand
dollars the sea…going tug Hughes; to which Dodge was now
transferred for the purpose of being conveyed to the port of
Tampico in the Republic of Mexico。
But here Hummel's wires became crossed with Jerome's; and
unfortunately for the little lawyer; the persons from whom the tug
had been leased turned out to be closely allied with the
prosecution's interests; with the result that the captain of the
tug was instructed by his superiors under no consideration to put
into any Mexican port; but on the contrary; to delay his departure
from the harbor of Galveston for a period of two days and then to
proceed only as far as Brownsville; Texas; where he should compel
the debarkation of the fugitive。 The captain; who was a good sport
as well as a good officer; promptly threw himself into the part and
told Bracken and Kaffenburgh that it was evident from the barometer
that a severe storm was approaching (which must have had a sinister
implication to these two unfortunate gentlemen); and that he could
not think of putting to sea。 Once the 〃storm〃 had blown over; the
tug started out across the blue waters of the Gulf of Mexico。 But
now Bracken and Kaffenburgh were informed for the first time it was
impossible to consider putting into any port of the Republic of
Mexico; since to do so would cause international complications and
compel the revocation of the captain's license。 In desperation the
Hummel interests offered the captain five thousand dollars in cash
to disregard his instructions and put into Tampico; but the worthy
sea…dog was adamant。 It was probably worth five thousand dollars
to him to see three gentry of this pattern so much put about。
While Dodge and his accomplices were dallying in the harbor of
Galveston; Jesse was taking advantage of his opportunity to proceed
at once by railroad to Alice; Texas; which at that time was the
furthermost southern point reached by any railway in the direction
of Brownsville。 On his arrival; he at once applied to Captain John
R。 Hughes; commanding Company D of the Texas Rangers; who received
him with great joy and ordered a detachment of the Rangers to meet
the tug at Point Isabelle at the mouth of the Rio Grande River on
the border of Mexico。 In the meantime; Jesse started on a toilsome
stage journey to Brownsville; across one hundred and seventy miles
of desert; which occupied two days and nights; and necessitated his
going without sleep for that period。 During the trip Jesse heard
no word of English and had as his associates only Mexican
cattlemen。 Every fifteen miles a fresh relay of broncos was
hitched to the stage and after a few moments' rest the misery began
again。
Jesse had been hurrying toward Brownsville by stage while Dodge;
Kaffenburgh; and Bracken were landing at Point Isabelle; where they
were kept under close surveillance by Sergeant Tom Ross of the
Rangers。 Thence they took the train to Brownsville; registering at
the Miller House under the assumed names of C。 F。 Dougherty; A。
Koontzman; and E。 M。 Barker; all of Oklahoma。 But; although they
knew it not; Sergeant Tom was at their elbow; and had Dodge
attempted to cross the border into Mexico he would instantly have
been placed under arrest。
As Brownsville was within the Southern District of the Federal
Court of Texas; Jesse decided not to arrest Dodge until he should
actually attempt flight; and when Dodge and his companions; on the
following morning; February 15th; entered the stage (the same upon
which Jesse had arrived) and started for Alice; Jesse and Tom Ross
procured the best horses they could find and started after them;
keeping just in sight of the stage。 Dodge's intention in making
this move was to take the Mexican International Railway at Alice
and cross over to Mexico via Laredo。
Jesse and Ross covered the seventy…four miles from Brownsville to
Santa La Cruz Ranch by four in the afternoon; which was fairly
strenuous work for a New York detective; and here found themselves
so sore and exhausted from their ride that they were glad to hire a
pair of horses and buggy with which to complete the journey to
Alice。 Luckily they were able to get into telephonic communication
with various ranch owners along the road and arrange to have fresh
relays of horses supplied to them every twenty miles; and here also
Jesse called up Captain Hughes at Alice; and suggested that he
substitute for the regular night clerk at the City Hotel one of the
privates of the Rangers by the name of Harrod。
Dodge and his companions arrived in Alice on February 17th; and; as
Jesse had anticipated; repaired at once to the City Hotel; where;
inasmuch as they were dry from the dust of their trip and depressed
by lack of society; they entered at once into an enthusiastic and
confidential friendship with the man behind the counter in the
hotel office; sublimely ignorant that they were unfolding to a
member of the Texas Rangers all their most secret intentions。
Harrod was just as glad to see Dodge as Dodge apparently was to see
Harrod; and kindly offered to assist the fugitive to get into
Mexico in any way that the latter desired。 Dodge; for his part;
took advantage of his