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 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 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.