The next assault was upon Boswell's cupidity, and consisted in an offer of $40,000 in clean cash to him if he would allow Kelly to escape. But this was met as all other efforts of a different character had been, and failed of its object, as it was refused, though Boswell allowed it to be understood that probably it would be accepted, thinking that he might the more easily get his prisoner away when he should desire to remove him.
It was while they were resting in this doubt as to Boswell's intention that he stealthily took his now well-recovered captive out of the Council Bluffs jail and crossed the Missouri river to Omaha on his way to Wyoming. The ruse was, soon after the departure, discovered, and while the officer was at Omaha another effort was made to recapture him. This was a well-laid plan and came very near succeeding. Boswell had stopped at the Cozzens house for the night, and Kelly had gone to bed. A young man named Day had been employed as a guard while the detective was out making arrangements for transportation. Kelly suddenly claimed to have a call of nature, which demanded that he should retire to the water closet in the back yard. Day stooped down to get the prisoner's boots for him, and as he did so, Kelly snatched the guard's revolver and shot him through the breast, though, fortunately, not dangerously. A struggle ensued between the two men and soon a large crowd of the guests of the house came to the rescue of the guard and assisted him to disarm the now thoroughly enraged criminal.
Some one rushed over to the railroad office and informed Boswell of what was transpiring. Hurrying back to the hotel he concluded to go in the back way to avoid interference. Then another feature of the plot was revealed. A carriage stood backed up against the rear fence and a mob of forty friends of Kelly's were demanding admission to the hotel, while the proprietor of the house, a courageous old man named Ramsey, stood at the head of the stairs, up which they sought to go, brandishing an old saber and defying them. Boswell's appearance was sufficient to disperse the crowd, as his character had already become known to Kelly and his friends. Kelly was after this episode placed in jail.