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 assiduity, 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 passing 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 quantity 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 assistants.
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 Marshall William M. Hansen.
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 assistant 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 Peckers" 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 assistants 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 downtown, 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.
