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 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