ARTHUR.T Stories ----A Flight Into Texas ----X---Page 54

"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 that 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 Isabella 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 Isabella, 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 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
Christie 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 to--well, 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 June--as 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.