Jesse James, and in other ways succeeded in convincing him that he was also an outlaw, and Shepherd was thenceforward treated as "a man and a brother." He states that the party consisted of Jesse James, Jim Cummings, Ed. Miller, and Sam Kaufman. It has been ascertained that the person who was supposed to be Sam Kaufman was one Blackamore. The plan to rob the bank was known to the authorities, and contrary to the pre-arranged measures for the capture of the outlaws, the guard of armed men who were to have been in waiting at the hour appointed for the raid, went on duty early in the morning. Jesse James that morning went from the Shoal Creek camp to Short Creek, and was in the town when the guardsmen assumed their places, and he noted everything. Of course this mistake on the part of those engaged in the efforts to capture them, caused a change in the plans of the gang. Shepherd, well armed and mounted, rode to the camp in the afternoon, after having been informed by Jesse James of the situation at Short Creek in the morning when they met. He found the brigands much alarmed, preparing to break camp. Mike and Tom Cleary, two of Shepherd's assistants, were to form an ambuscade, but this part of the arrangement failed because of the sudden movement of the band. Shepherd was to proceed to camp, provoke a quarrel with Jesse, shoot him and flee, when of course the other members of the gang would follow. But the camp was broken up too soon. The ambushers could not reach their place in time. Shepherd relates that they were riding scattered out in the woods; that he was riding near, and a little in the rear of Jesse James; that he suddenly drew a pistol, called out, "Damn you, Jesse James! thirteen years ago you killed my cousin, Frank Shepherd." At the first word Jesse wheeled his horse and sought his pistol. He was too late. Shepherd fired, the ball taking effect just behind the left ear, and Jesse James fell heavily to the ground. After firing, Shepherd says no one moved for a few seconds, when he, suddenly realizing his position, wheeled his horse around, and driving his spurs deep into the animal's flanks, dashed away. At the same time Cummings rode furiously toward him, while Miller went to the assistance of the fallen chief. The pursuit of Cummings was persistent and rapid. Blackamore soon fell behind in the chase, but Cummings gained on Shepherd until at last it became necessary for the latter to make a stand and fight it out there. As he wheeled his horse to carry out this resolution, a ball from Cummings' pistol took effect in the calf of Shepherd's left leg. The firing which had been maintained during a chase of three miles, now became quick and furious, and the result for a time was doubtful. At last, Shepherd says, a ball took effect in Cummings' side, and he turned his horse and rode back through the woods by the way they came. Shepherd rode into Short Creek to have his wound attended to.