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A Flight Into Texas
by
Outside on the track “The Sunset Limited” was just getting under way. The first frantic puffs were being vomited from the funnel. Inside Dodge was sleeping peacefully in his berth. Jesse, accompanied by Chief Howard, hurried up to the conductor who was about to swing on to the steps of the sleeper, and ordered him to hold the train till the fugitive could be removed. After some argument the conductor grumblingly complied and Dodge was aroused from pleasant dreams of the “Creole Quarter” to the cold reality of being dragged out of bed by a policeman. He was unceremoniously hustled out of the sleeping car into a carriage and taken to Headquarters where he admitted his identity and remarked:
“I know what I am wanted for, but I will never return to New York.”
In his grip was found the sum of $1,563.15, as well as numerous letters from the law firm of Howe and Hummel, and a quantity of newspaper clippings relative to his case.
Dodge pleaded with Chief Howard not to lock him up, urging that he was a sick man and offering a goodly sum if he might be taken to a hotel and guarded for the remainder of the night. But what “went” in New Orleans did not “go” in Houston, and the best that Dodge could get for himself was a cot in the “Ladies’ Detention Room” on the second floor of the jail.
Early the following morning Jesse visited Police Headquarters and for the first time met George Ellis, Chief of Police of Houston, for whom he will always have a feeling of deep gratitude for his enthusiastic cooperation and loyalty in the many stirring events that followed. Dodge now received a telegram from New York, which was submitted to Jesse before reaching the prisoner, to the effect that Howe and Hummel were sending on an attorney to aid the fugitive in resisting extradition, and informing him that they had employed Messrs. Hunt and Meyers as attorneys to look out for his welfare. These last immediately jumped in medias res and on the afternoon of the same day secured a writ of habeas corpus from Norman J. Kitrell, District Judge of Harris County, Texas, returnable the following morning.
The next day, January 28th, Kitrell released Dodge from custody.
Jesse had anticipated this and immediately swore out another warrant with the result that the prisoner was rearrested before he 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.