Lock and Key Library, Magic Real Detectives | Page 7

left the
courtroom.
Meantime the Dodge interests retained another firm of lawyers, Messrs.
Andrews and Ball, who, on the following day, secured a second writ of
habeas corpus from Judge Ashe.
The result of the first engagement thus being a draw, counsel on 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