The next day, January 28th, Kitrell released Dodge from custody.

Jesse had antic.i.p.ated this and immediately swore out another warrant with the result that the prisoner was rearrested before he left the court room.

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 some one had to keep watch over Dodge while Jesse hurried to Austin to see the Governor, and it was decided to leave Sergeant Herlihy, reinforced 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 a.s.sistants. 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 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 a.s.sociates only Mexican cattlemen. Every fifteen miles a fresh relay of broncos was. .h.i.tched 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 a.s.sumed 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 subst.i.tute 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 antic.i.p.ated, 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 a.s.sist 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 f.a.gged-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 a.s.sistants.

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 a.s.sume 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 a.s.sist 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 a.s.sume 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 bl.u.s.tering 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.

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 pool rooms 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 s.p.a.ce 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. Acting upon the advice of his attorney, Jesse encouraged this attempt, under the belief that if he could get the Hummel forces in the position of having attempted to bribe him the prisoner's bail could then be forfeited and Dodge himself taken into custody. Hummel became wary, however, and apparently abandoned for the time the idea of bribery. Later on Bracken again disappeared. On his return a marked change was noticeable in his demeanor and Jesse observed that he was in constant consultation with Dodge, from which the detective drew the inference that some last desperate move was to be made towards the escape of the prisoner.

On one occasion Jesse saw Bracken showing Dodge a map and some drawings on paper, which so excited his suspicions that he followed the two with unremitting a.s.siduity, and within a day or two was rewarded through Bracken's carelessness with an opportunity for going through the latter's coat pockets in the billiard room. Here he found a complete set of plans worked out in every detail for spiriting the prisoner from San Antonio into Mexico during the State Fair. These plans were very elaborate, every item having been planned out from the purchase of tickets, and pa.s.sing of baggage through the customs, to hotel accommodation in the City of Mexico and Tampico, and steamship tickets from Tampico to Europe.

The plan had been to secure permission from the Court for Dodge to leave Houston long enough ostensibly to attend the Fair at San Antonio and to "lose" him during the excitement and crowded condition of the city at that time.

It is, of course, needless to say that these plans were abandoned when Bracken discovered that Jesse had been forewarned.

Almost immediately thereafter the Circuit Court of Appeals at Fort Worth, Texas, decided one of the habeas corpus cases adversely to Dodge but it still permitted him to retain his liberty pending the final determination of the questions involved by the Supreme Court at Washington.

The Hummel forces were apparently losing hope, however, for early in October another attempt was made to bribe Jesse. Bracken entered his room one evening and informed him that he could get his own price if he would only be a good fellow, and even went so far as to exhibit a quant.i.ty of money which he stated was twenty-five thousand dollars. The only result of this offer was to lead Jesse to redouble his precautions, for he argued that the situation must indeed be acute when such an offer could be deemed worth while. Thereafter it was obvious that the revelry of Dodge and his companions was on the increase. Accordingly Jesse added to his force of a.s.sistants.

On December 2, 1904, Nathaniel Cohen, another member of the firm of Howe and Hummel, arrived at Houston, and the next day the Supreme Court at Washington decided the appeal in the habeas corpus against the prisoner, who was at once ordered by Judge Burns into the custody of United States Marshal William M. Hanson.

Things looked black indeed for Dodge and blacker still for Hummel. How the little attorney, eating his midday lunch four thousand miles away, at Pontin's restaurant on Franklin Street, must have trembled in his patent leather boots! His last emissary, Cohen, at once procured an a.s.sistant by the name of Brookman and with him proceeded to Wharton County, Texas, where they secured a new writ of habeas corpus and induced the local sheriff, one Rich, to swear in a posse comitatus of one hundred men for the purpose of coming to Houston to take the prisoner by force of arms out of the hands of the United States Marshal.

This was one of the most daring and desperate attempts made in recent years to frustrate the law. Jesse believes that the real object of this posse was to precipitate a fight between themselves and the Federal authorities. It is not inconceivable that in such an event Dodge might either have escaped or been killed. The men composing the posse were of the most desperate character, and consisted largely of the so-called "feud factions" of Wharton County, known as "The Wood p.e.c.k.e.rs" and "The Jay Birds." Jesse has been informed, on what he regards as reliable authority, that this move cost the Hummel forces fifteen thousand dollars and that each member of the posse received one hundred dollars for his contemplated services in the "rescue" of the prisoner. But civil war, even on a small scale, cannot be indulged in without some inkling of the facts becoming known to the authorities, and prior to the receipt of the mandate of the Supreme Court, Judge Burns ordered the prisoner removed to Galveston for safe keeping.

Thus the long, expensive and arduous struggle came finally to an end, for Judge Burns in due course, ordered that Charles F. Dodge should be conveyed to New York in the personal custody of the United States Marshal and delivered by him to the New York authorities "within the borders of that State." Such an order was, of course, exceedingly unusual, if not almost unheard of, but it was rendered absolutely necessary by the powerful influence and resources, as well as the unscrupulous character, of those interested in securing Dodge's disappearance.

In order to thwart any plans for releasing the prisoner by violence or otherwise, and to prevent delay through the invoking of legal technicalities, Hansen and Jesse decided to convey Dodge to New York by water, and on the 16th of December, the Marshal and his five deputies boarded a Mallory Line steamer at Galveston and arrived in New York with their prisoner on the evening of December 23d.

Dodge reached New York a physical wreck. How he was induced to tell the whole truth after he had pleaded guilty to the charge against him is a story in itself. A complete reaction from his dissipation now occurred and for days his life was despaired of. Jesse, too, was, as the expression is, "all in," and the only persons who were still able to appreciate the delights of New York were the stalwart Marshal and his boys, who for some time were objects of interest as they strolled along Broadway and drank "deep and hearty" in the cafes. To the a.s.sistants in the District Attorney's office they were heroes and were treated as such.

How Dodge finally testified against Hummel on the witness stand has already been told. As they say down-town, if Jerome had never done anything else, he would have "made good" by locking up Abe Hummel. No one ever believed he would do it. But Jerome never would have locked up Hummel without Jesse. And, as Jesse says with a laugh, leaning back in his chair and taking a long pull on his cigar, "I guess I would not do it again-no, I would not do it again for all the money you could give me. The wonder is that I came out of it alive." When the reader comes to think about it he will probably agree with him.

XI

A Case of Circ.u.mstantial Evidence

In the town of Culiano, in the province of Salano, in Italy, there dwelt a widow by the name of Torsielli, with her two sons, Vito and Antonio. The boys loved their mother devotedly and were no less fond of each other, the height of their ambition being to earn enough money to support her in comfort without need of working in her old age. As it was, she arose before light, made the fire, cooked their breakfast and labored in and about the house all day until they returned from the fields. But she was getting old and at last became bedridden and infirm. She could no longer cook the meals, and the boys had to shift for themselves. Moreover, instead of finding her standing at the door with a smile on her wrinkled face, welcoming them to supper on their return, the fire was always out and their mother lay on her couch, no less glad to see them, to be sure, but no longer able to amuse them or minister to their comfort. Then the taxes were increased and hard times came. By twos and threes the men of the village packed their bundles, bade good-by to their friends and families, and left the town, some to seek work in other parts of Italy, but most of them to take the big iron steamships for America, where work was easy and money plentiful. Sadly the boys watched their comrades depart. They would have liked to go, too, to seek their fortunes in this new land of promise, but they could not leave their mother. The following year some of the men who had gone away to America returned in fine clothes and with full purses to tell of the wonderful country beyond the seas, where one could always earn his ten lire every day and do as he liked. "Viva la liberta!" they cried, pounding the tables in the cafe. "Come, comrades! We have plenty of money. Drink to the great country of America!"

Vito and Antonio listened with envy. One evening the elder brother asked Antonio to come to walk with him. When they had gone a little way he said suddenly:

"Toni, I think I shall go to this America. We need more money to make our mother comfortable. If we wait until she is dead the money will be of no use. You can stay here, and when I have made a place for you and her, you shall bring her on the ship to the new country."

Vito was five years older than Antonio, and his word had always been law to the younger brother, so although he was sick at heart at the thought of being left behind, he said nothing against the project, but tried to make it easy for Vito with their mother. The old woman could not bear the thought of her firstborn leaving her, and declared, with the tears running down her face, that she should never see him again, but at last she yielded to their persuasions and gave Vito her blessing. It would be only a little while before she and Toni would join him, and they would be happy ever after.

Then Toni was left alone with his mother. Every day he arose at the first streak of dawn, prepared breakfast, cleaned the house, saw that his mother was comfortable and then started off for the fields. A month went by, two months, three, a year, but no word came from Vito. Toni a.s.sured the poor old woman that they would certainly hear from him the next week or the next, but cruel fear had taken possession of him. Something had happened to his brother! The years swept on. Their mother became more and more helpless. Antonio was obliged to hire a woman to care for her as nurse for a small sum, but it was just enough to leave only a pittance for them to live on. Toni grew thin and haggard. Where could Vito be? Was he alive or dead? Next to his love for Nicoletta Lupero it became the great pa.s.sion of his life to learn what had become of Vito.