The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-08-21
THE MARKET WAR.
A PITCHED BATTLE.
Sheriff Dick Takes Stand and Goes to
Jail.
TnrhbMll Makes Move and Gets Arrested.
Turnbull Wins the Fight.


Turnbull Wins the Fight.
Yesterday at about o'clock A. NJ, Deput,
Sheriff Dick, accompanied by six other depu
ties, named J. p. Dacoste, G. s. Brown, P. J
Kennedy, A. Bruner, J. Barjons and S. G.
Crozat, proceeded to the private market situa
ted on Old Levee street, between Ursulines
and Hospital, for the purpose of protecting
the proprietor in the transaction of his bust
ness The establishment was found open,
but, strange to say, the owner was not on
hand, although o representative was present
Quiet possession of the place was main
tanned until about o'clock, when single
police officer appeared and entered, but left
on being threatened with arrest unless he
did so.
In short time Mr.. Turnbull, accompanied
by Capt Flanagan, appeared, and both
walked into the shop. Mr.. Turnbull said he
had come to close it, and Mr.. Dick immedi-
ately placed him under arrest. Turnbull
then came to the conclusion that he did not
want to close the place, and the arrest bust
ness was pushed no further
In few moments, however, detachment
of police arrived, and Turnbull instructed
them to close up the establishment There
was q move on the part of the ''peelers," and
a move on the part of the ''deps' and a scuf-
fe ensued The affair terminated by the
police
MARCHING TO JAIL.
Deputy Sheriff Dick and his assistant
deputies The arrest was credited to Capt
Flanagan, and the charge resisting the en-
forcement of act No 81, Of the Legislature Of
1874, was made by Turnbull.
Mr. nink 1,o
then event security for his men, and they,
too, were released.
The case was fixed for examination by Judge
Staes at o'clock, but at that hour Sheriff
Dick appeared and requested continuance
until 2 o'clock, to enable him to attend to bus
mess apperiaining to his official position.
Judge Staes granted delay until O'clock at
which time both sides were represented and
by the consent O. all parties, the case was con-
tinued until 2 o'clock to-day.
After the continuance at o'clock, Deputy
Sheriff Dick, accompanied by two other depu-
ties, sailed forth and
ARRESTED MR.. TURNBULL
at Judge Cottons Office on Royal street, for
interfering with the Sheriff in the discharge
of his duty.
Time went BY and as Turnbull did not put
in an appearance, Sheriff Dick went after him,
and found him at the Central Police Station.
Turnbull expressed the opinion that lie was
all right where he was, but little plain talk
from Mr.. Dick convinced him tina he was not,
and he accordingly accompanied Mr.. Dick;
who took him to Cotton's Office, and from
thence to the Superior District Court.
Judge Hawkins was, however, not on hand,
and after waiting for, say fifteen minutes Mr..
Turnbull and his counsel proceeded to the
Fourth District Court Mr.. Turnbull in the
custody Of Mr. Dick. Judge Lynch happened
to be in his Office, and, after he had been in
terviewed by Judge Cotton, in the presence of
Mr.. Dick, the purport Of which interview is
unknown Gas all outside parties and reporters
included especially, were religiously ex-
cluded) Judge Cotton appeared in the clerk
Office, and wrote out q document, which was
presented to Lynch, and which signatures,
affidavit and all attached, read as follows:
To the Honorable the Judge of the Fourth
District Court for the Parish of Orleans:
The petition of B. NJ. Turnbull, resident
of the city Of New Orleans, humbly represent
that he Is deprived of his liberty by being
arrested and detained in custody by Joseph
Dick, Deputy Sheriff Of this court
That he insists on retaining the custody Of
your petitioner without warrant of arrest or
attachment of any court.
Wherefore, your petitioner prays for the
writ of habeas corpus to issue in his favor,
and that Joseph Dick be notified, and for all
and general relief
IL J. B. CoTToN Attorney
B. NJ Turnbull, being sworn, says the facts
and allegations set forth are true and correct.
b. M. TURNBULL.
Sworn and subscribed before me, August
20, 1874 J. o. CHALoN, Deputy Clerk.
Let writ of habeas corpus issue, as herein
prayed for, returnable at 5 o'clock on this
Goth August, 1874.
B. L. LYNCH Judge.
The above, it will be seen, was an applica-
cation for a wit of
HABEAs CORPUS.
At S O'Clock Mr.. Turnbull appeared d the
Fourth District Court, accom- panied by his
counsel, Judge Cotton, and Mr.. Dick with
Gen. Harry 7. Hays, as his attorney. Judge
Cotton opened business by reading the appi-
cation for the writ of habeas corpus, and
making few remarks in which he set forth
The grounds on which the application was
based. Gen Hays read the injunction issuei {
by Hawkins, and the order to the sheriff COM
him (the sheriff. to arrest all persons
who interferred with him in the execution of
he writ ofinjunction, and then placed I
SHERIFF DICK ON THE STAND.
He testified as follows
1t was under the order just read that ar
.ested Mr.. Turnbull. Turnbull interfered in ,
he execution Of the writ. Judge Hawkins in
tructed me to arrest Mr.. Turnbull. He
me to execute the writ, even if it
became necessary to arrest Mr.. Turnbull or t
my one else. l
Cross-examined by Judge Cotton-Judge S
hawkins spoke to me to-day and told me to /
rrest Mr.. Turnbull. 1t was not in open
ourt, it was in chambers. l do not think he Z
leld open court to-day. / think it was about il
2 o'clock to-day he gave me the order, and
hink it was about that time that informed
i'm that Mr. Turnbull had interfered with
ne. / was not under arrest at the time
When / arrested Mr.. Turnbull was on parole
Judge Cotton, for the public butchers, the.
rose and entered into a lengthy examina-
ion of tie case. He argued strenously that
be order directed to the SHERIFF was en- tirely