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 someone had to keep watch over Dodge while Jesse hurried
to Austin to see the Governor, and it was decided to leave Sergeant
Herlihy, re-enforced by a number of local detectives for that