New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-12-04

Lincoln, subject to the orders OF the honor
able the judge of the Eleventh District /
Court in and for the parish of Lincoln. :.
~ "Done and signed ON this the seventh day |
" EDGAR HOWARD,
deputy Sheriff.
When Lieutenant Hodgson and myself |
were arrested was tied and hurried off IN |
a wagon in great haste, through indirect |
roads, toward Vienna. l firmly believe
that the fact of those having US IN charge,
being the more moderate Of the party, tax
ing us from the direct road and avoiding
the excited crowd saved our lives. On the
way to Vienna the wagon upset. and being
tied and unable to extricate myself got
seriously bruised and injured. We arrived
at Vienna about . A. M. on the seventh
instant Early in the morning | addressed
a note to Judge Trimble. stating my
bruised and injured condition and
case, not doubling but that when l
showed Judge Trimble my authority for
the arrest issuing from the United States
commissioner, and the character OF the
order served ON me by Mr.. Aycock, and
brought to his attention the fact known to
every lawyer and officer. that State Judge
has no right, after he is judicialiy informed
that the party is imprisoned under the au'
rhor,tv of the United States. to Interfere
with the prisoners or to require them to be
brought before him; and that it is the duty
of the United States marshal not TO suffer
the prisoners to be taken before State
Judge or court upon ha beas corpus issued
under State authority; and that II was not
nv intention to treat with contempt the
order served on me, and the further TACT
that was entitled to my release on COM
plving with the habeas corpus, ii it be one,
bv showing my authority. but that as an
officer Of the United States l was bound TO
obey it's orders: that he would release me.
but to my utter estonlshhent, l met the
return OF Aycock that he had served the
writ on myself and Hodgson, and that
| ..tbey'' had given as "their'' answer the
language reported as havin. been used
BIZ Uo!gson. that, az will be seen
| b. the facts. was fiat perjury. to the
| great qualification of the large crowd which
| throu ged the courtroom. composed IN part
of those whom l. as United States deputy
marshal, had writs of arrest for. Shouting
applause, Judge Trimble issued the follow
| ing order:
Eleventh District Court Of Louisiana,
parish of Lincoln; in the matter OF the
contempt OF order Of habeas corpus case OF
| Scott and others Edgar Selye and Lieuten.
| ant Hodgson, arrested on warrant issued
! bv the honorable the judge of the Eleventh
! District of Louisiana, on the return OF the
| writ of ha beas corpus in the case OF Scott
and others, under oath of sheriff. w. F.
Aycock; and said parties called upon by the
Judge Of said district. in the parish of Lin
| coin, to show cause, it any they have, why
they should not be punished for contempt
| and otherwise dealt with according to law:
| and no sufficient cause being shown, it is
| ordered that the said Edgar Selye and
| Lieutenant Hodgso be imprisoned ten days
in the parish Jail Of Lincoln parish; and
that they further pay fine of 500 each.
| and costs Of arrest. 1t is further ordered
| that the sheriff of the parish Of Lincoln be
charged with the execution OF this judg.
! Ment.
..Given in chambers in the parish Of Lin.
coin this. the seventh day OF November. a.
u. 1874.
Judge Eleventh District Of Louisiana
After the above Judgment was rendered.
which was on Saturday. on the following
Monday l obtained counsel and applied for
| a rehearipg. which was refused. and the
Judge has written out his opinion for refus'
ing the rehearing, which has been published.
and induces this reply and tall statement OF
the case.
Under the above Judgment was confined
in a most ioathsome Jail. in a bad con.
dit;on of health. until November IL. III I,
when was released by virtue of the Gov.
ernor's pardon, which Judge Trimble en-.
deayored to prevent me from obtaining. as
will appear from the following telegram
addressed to Hon. Frank Morey:
| FARMERvlLE, La. November :, 1874.
To ZION. Frank Moyey:
The wri: was sufficient. though ambi.u.
Gus. The return showed who had prisoners.
and the duty Of custodians was to answer.
The writ was drawn up by Judge Egan. ii
you have influence. recall the pardon III
the case. tel! you the people must not be
goaded to desperation. They will obey the
80" J. L. TRIMBLE.
This short telegram tells a story. 1.-The
people must not be goaded to desperation
Was the execution Of the United States
laws in arresting those who had violated
them "goading the people to desperation!'
| This was my only otiense-being United
States deputy marshal, executing legal
writs. In this telegram the judge says:
'The writ was sufficient. though am0igu'
Ous." understand a proceeding to punish
for contempt is a criminal proceeding. ard
this Just Judge proceeded to intlict a penalty
in excess of what he was authorized to do
by law in any case for contempt, az he
ordered me to Jail for ten days and to pay
| a fine of $lC0. when the very law he cited
(article l3l of the Code Of Practice) only
permits a fine of $50; all for falling to obey
an ambiguous writ. l have always under
stood that in criminal proceedings all rea'
| sonable doubts were to be construed in
favor of the accused. and clearly an ambigu'
| GUS writ created such doubt rs to what
it meant; but ] must be offered up as a
sacrifice to appeaso the desperation OF the
| people against arrests for violating United
States criminal laws.
: Now, to show the animus Of the judge in
this case. or those Who stood behind him
| and goaded him up to do what he did. pro-
pose to examine the legal proceedings.
understand. in law. that it is not the
name or title YOU give a writ that gives II
effect or legality, but what the writ orders
to be done or omitted gives it its force and
character. Now. let me judge OF this order
called habeas corpus by this rule. and see
recollected that the order as copied into
this communication was all that was served
on me by Aycock or any one else. The
petition and affidavit on which it was
granted were not served on the. and was
thirty-tiye miles from the place where they
were when the order was served On me. So
it was impossible for me to know what was
contained in them. and l believe that a
writ must contain all that is demanded OF
the party on whom it is served. 1t is the
writ he is to obey.
What is a habeas corpus under the
laws of Louisiana which is authorized TO be
granted by one of her judgess 1t is clearly
defined in article :9l of the Code Of Prac'
tice. which save: 1.-THE habeas corpus is an
order in writing issued in the name OF the
State by Judge Of competent jurisdict on,
and directed to a person who has another
in his custody Or detains him III contine'
ment, commanding him TO bling before the
Judge the person thus detained at the time
and place appointed. and 10 state the rea'
sons for which he thus keeps him impris'
l ,uJ Iopr;xoS nf Ghertv" This thR