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Mexico in any way that the latter desired。 Dodge； for his part；
took advantage of his usefulness to the extent of requesting him to
purchase them railroad tickets； the plan being to leave Alice the
following morning for Monterey； Mexico。 Three hours after the
stage bearing Dodge and his party pulled up at the City Hotel； Tom
Ross and Jesse drove in behind a pair of fagged…out broncos at two
in the morning。 Jesse had had no sleep of any sort and no proper
nourishment for five days； and had just strength enough left to
drag himself up one flight of stairs and tumble into bed； from
which he did not emerge for many hours。
In the meantime day broke and Dodge； Kaffenburgh； and Bracken；
having breakfasted； drove comfortably down to the International
Railway Station and settled themselves in the smoker； but they had
no sooner given this direct evidence of their intention before
Captain Hughes entered and placed Dodge under arrest。 The latter's
surprise may be appreciated when it is stated that from the time
the three had left Houston； they had no idea that they were being
followed and believed that they had completely foiled Jesse and his
assistants。
While Jesse had been chasing Dodge across the desert； his lawyers
had not been idle and had secured at Austin another extradition
warrant from Governor Lanham； who； on receiving news of the arrest；
promptly instructed Captain Hughes by wire to assume charge of the
prisoner and to deliver him into the hands of the New York officer
to be conveyed to New York。
There now began such a legal battle as the State of Texas had never
known。 Hummel had been forced into his last ditch and was fighting
desperately for life。 Through Kaffenburgh he at once applied for a
new writ of habeas corpus in Nueces County and engaged counsel at
Corpus Christi to assist in fighting for the release of the
prisoner。 Precisely as Hummel had intended； Chief Wright of Nueces
rode into Alice and demanded the prisoner from Captain Hughes。 As
Hummel had NOT intended； Captain Hughes refused to surrender the
prisoner and told Chief Wright to go towell； he told him that he
intended to obey his commander…in…chief； the Governor of Texas。
On February 20th； Hummel； through Kaffenburgh； attempted to get
another writ of habeas corpus in Bee County； and promptly the Bee
chief came buzzing over and demanded Dodge； but to him Hughes
replied even as he had spoken to Wright。
Excitement in Alice had now reached such a pitch that Judge Burns；
of the Federal Court； in Houston； ordered United States Marshal
John W。 Vann； of Alice； to assume charge of the prisoner。 The
indomitable Hughes； however； paid no more attention to the United
States Marshal than he had to the local chiefs。 But the situation
was so delicate and the clash of authority might so easily have
resulted in bloodshed that it was finally agreed by all parties
that the best thing to do was to have the prisoner returned to
Houston in the JOINT custody of Captain Hughes of the Rangers and
the United States Marshal。
Jesse； through his counsel； in proper course； made application to
forfeit Dodge's bond and remand him to jail； but the Hummel
attorneys finally induced the Court； on the plea that to confine
Dodge in jail would be detrimental to his already badly impaired
health； to permit the prisoner to go free on a greatly increased
bond； nevertheless restricting his movements to Harris County；
Texas。
While Jesse had fought a winning battle up to this point he was at
the end of his resources so far as the extradition of the prisoner
was concerned； for Dodge was now at liberty； pending the decisions
upon the habeas corpus proceedings of the United States Circuit
Court of Appeals at Fort Worth； and the United States Supreme Court
at Washington。 But his orders were to BRING DODGE BACK TO New
York。 Hence； with the aid of some new men sent him from the North；
he commenced an even closer surveillance of the prisoner than ever
before by both day and night。
Meantime Kaffenburgh departed for New York； fleeing from the wrath
of Judge Burns； who had issued a summons for him for contempt of
the Federal Court on the ground that he had induced Dodge to
attempt to jump his bond。 In place of the blustering Kaffenburgh
was sent another member of the famous law firm of Howe and Hummel；
David May； an entirely different type of man。 May was as mild as a
day in Juneas urbane as Kaffenburgh had been insolent。 He
fluttered into Houston like a white dove of peace with the
proverbial olive branch in his mouth。 From now on the tactics
employed by the representatives of Hummel were conciliatory in the
extreme。 Mr。 May； however； did not long remain in Houston； as it
was apparent that there was nothing to be done by either side
pending the action of the courts； and in any event Dodge was
abundantly supplied with local counsel。 The time had now come when
Hummel must have begun to feel that the fates were against him and
that a twenty…year term in state prison was a concrete possibility
even for him。
In the meantime； Dodge and Bracken had taken up their headquarters
at the Rice Hotel in the most expensive suite of rooms in the
house； a new scheme for getting the prisoner beyond the reach of
the New York courts apparently having been concocted。 Dodge was
now indulged in every conceivable luxury and vice。 He was plunged
into every sort of excess； there was no debauchery which Bracken
could supply that was not his and their rapid method of existence
was soon the talk of the county and continued to be so for ten long
months。 There is more than one way to kill a cat and more than one
method of wiping out the only existing witness against a desperate
man striving to escape the consequences of crime。
Dodge's daily routine was somewhat as follows： He never slept at
his own hotel； but arose in the morning between ten and eleven
o'clock； when he was at once visited by Bracken and supplied with
numerous drinks in lieu of the breakfast for which he never had any
desire。 At noon the two would have luncheon with more drinks。 In
the afternoon they would retire to the poolrooms and play the
races； and； when the races were over； they would then visit the
faro banks and gamble until midnight or later。 Later on they would
proceed to another resort on Louisiana Street where Dodge really
lived。 Here his day may be said to have begun and here he spent
most of his money； frequently paying out as much as fifty dollars a
night for wine and invariably ending in a beastly state of
intoxication。 It is quite probable that never in the history of
debauchery has any one man ever been so indulged in excesses of
every sort for the same period of time as Dodge was during the
summer and fall of 1904。 The fugitive never placed his foot on
mother earth。 If they were going only a block； Bracken called for
a cab； and the two seemed to take a special delight in making
Jesse； as Jerome's representative； spend as much money in cab hire
as possible。 The Houston jehus never again experienced so
profitable a time as they did during Dodge's wet season； and the
life of dissipation was continued until； from time to time； the
prisoner became so weak from its effects that he was forced to go
under the care of a physician。 A few days of abstinence always
restored his vitality and he would then start out upon another
round of pleasure。
During this period Jesse maintained a close and vigilant personal
espionage over the prisoner。 For over ten months he slept less
than four hours each day； his fatigue being increased by the
constant apprehension of treachery among his own men； and the
necessity of being ever on the alert to prevent some move on the
part of the defense to spirit the prisoner away。 During the summer
attempts were repeatedly made to evade the vigilance of Jesse and
his men and several desperate dashes were frustrated by them；
including one occasion when Bracken succeeded in rushing Dodge as
far as Galveston； where they were forced to abandon their design。
From time to time Bracken would disappear from Houston for a week
or ten days； stating on his return that he had been to New York；
after which there was invariably some new move to get the prisoner
away。 Time and space prevent giving a detailed account of all the
marches and counter…marches that took place in this battle of wit
against wit。
In August； 1904； Bracken made one of his periodical visits to New
York； and when he returned sought out Jesse and said： 〃Blocher； you
might as well be a good fellow and get yours while you can。 I mean
that Dodge is not going back to New York； even if it cost a million
dollars to prevent it。〃 A few days later Bracken sent a gambler
named Warner to Jesse； who offered the latter thirty…five hundred
dollars to get 〃lost〃 long enough for the prisoner to slip over to
Mexico。