Lock and Key Library, Magic Real Detectives | Page 9

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 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