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


the United States Laws.
As great deal has been said, telegraphed
and published in the Democratic news
papers in order to create sensation III
favor of the White League party in North |
Louisiana on account OF the arrest 0y me,
as deputy United States marshal, OF Rich
ardson, Ramsey and Scott at Homer, Clai- |
borne parish. Louisiana. and the subsequent
conduct of }. Il. Trimble, Judge OF the State
District Court, issuing what he calls writ
Of habeas corpus to inquire into the legality
of the arrests and as Judge Trimble has
seen cause to publish his opinion refusing
me rehearing from his order to punish me
for contempt OF his supposed writ OF ha6eas
corpus, which, in the statement he makes,
is in many respects untrue, l deem 1t due
to myself. to show the means resOrted
to by the Democrats, and the willing sub
serviency of Judge Trim, bic to throw every
obstacle in the way OF the execution OF wrlts
of arrest against persons charged with vlo-
latlon of the enforcement act Of Congress
of 1870, to make full statement vi the
whole affair from beginning TO end.
On the twenty fourth of October. 1874, ID.
J. M. A. Jewett, United States commits
sioner. placed in my hands, as deputy
United States marshal for the district OF
Louisiana, writ of arrest directing me to
! arrest Richardson, Ramsey, Scott ana others
named in the writ. This writ was predlcated
| on an affidavit charge ing the parties with
violating the sixth section of the enforce
ment act of the United States of 1870
| Lieutenant Il. II. Ho6gson of the Seventh
| United States Cavalry, and detachment
! of fifteen men, were summoned Dy
| me, as posse comitatus, at Homer,
| Claiborne parish, Louisiana, to assist me.
! as deputy marshal, 70 execute a large mum
| Der OF writs of arrest against persons IN
| North Louisiana, in my hands Tor execu-
ton. The above parties, Richardson, Kan
sew and Scott, being in Homer when re-
ceived the writ. l, as deputy United Mates
| marshal aided by the United States troops.
| proceeded about half-past seven O'Clock
! in the evening Of tho same day to arrest
| said parties. When l arrested the parties.
| which was done separately. read the writ
! to them as my authority for their arrest.
| The writ directed me to convey the parties.
| when arrested, to Monroe, parish OF
| Ouachita, Louisiana. Having other writs
of arrest against parties living in and
near Vienna, the county seat OF Lincoln
! parish, Louisiana, lying ON the direct road
| from Homer to Monroe. l proceeded at
| once from Homer to Vienna, where l ar
| rived with the prisoners about day Wight the
! morning OF Che twenty-h!ih OF october.
| and arrested three other parties under
| another writ. While at Vienna, and about
LAP. NJ on the twenty fifth. Mr.. Aycock.
! who. l have subsequently learned, was
I sheriff of Claiborne parish. handed me a
paper, Of which the following is copy:
Estate of Louisiana, Parish of Claiborne
By reason OF the law and the evidence
| in this case being in favor OF the applica'
ton for a habeas corpus, and by further
reason of the affidavit, it is ordered that a
! writ of habeas corpus issue to the sheriff.
w. +. Aycock to take and bring n. j. Scott.
John K. Ramsey and Sterling K. Richard
son before me. Judge of the eleventh jul
dicial district. in the town of Homer, by. on
~ NJ ,4,av nd
show any authority, if any, said Selye, United
States Marshal has for OBTAINING said par
ties. Thus done and signed in chambers.
this the twenty.fourth day of October. 1874.
j. l.. TRIMBLE,
Judge Of the Eleventh Judicial District OF
Louisiana"
This was the only paper handed to me:
none was handed to Lieutenant HOdgson.
Mr.. Aycock said to ne. when he handed me
Judge Trinble for the prisoners. l then
! read the document carefully. and said to
Mr.. Aycock, this is addressed to sou as
sheriff, and ] will take the matter under
! consideration, surprising he wanted me TO
deliver the prisoners to him. ! then called
| Lieutenant HodgsoD. who was lying IN the
tent. and showed him the document, who
then used the language in substance
quoted by Judge T!imble in his Opin.
ion above referred TO. which he did
not. however, address as 30 Mr.. Aycock
or auv one in particular. ] told Mr.. Ay'
cock that that was not my answer, and that
I was not responsible tor the leutenant's
language, knowing that it was my duty to
! ohey the writ placed in my hands as United
States marshal, and, though not yersed in
the law. vet it struck me that no State au
thority had any right to interfere with a
| United States process, or to require me &c
give up the prisoners to any State 0ihcer'
and seeing the writ directed "Sheritt w. r.
Ayccck, to take and bring the prisoners be.
fore Judge Trimble, State Judge, and
| looking at what the document commanded
I came to the conclusion that l could not
give up the prisoners to Sheriff AycOck, and
! never once thought that any thing else was
demanded of me, and concluded not to dc
40. then proce eded with the prisoners to
Monroe, where l arrived early on the TWEEN
tv.sixth of October. On arriving at Monroe
tool, the above document. the only one
served on me. 20 Hon. John Ray, who was
acting for the United States district attorney
| at that time. and informed him what had
| hammered. and the view ] took OF the dOcu
ment. and he advised me had done right,
and said the document was not writ Of
habeas corpus, although on its face the
words habeas corpus were nsed.
The prisoners were examined at Monroe
before the United States commissioners and
l
before the United States court.
l proceeded with Lieutenant HOdgscn
and the men under his charge to execute
other writs. having writs against 2oo OF
more persons for violation OF different pro
visions Of the enforcement act OF Congress
When. in the neighborhood Of Vienna. or
the fifth dav of November, 1874. about J;
M. with Lieutenant HodgsOn and his com
mand. fifteen men, for the purpose OF exc
cutting the w,its OF arrest against person;
living in that neighborhood. where some
sixty or more of those persons lived. was
credibly informed that there were TWO en-
| camp,usnts of armed men In the helghDor
hood. one of about seventy and the other OF
| about eighty. Knowing the desperate char
| acter of many OF these people. and the great
! excitement produced by the arrests already
made. deemed it prudent not to attempt
! any further arrests with my present force
and concluded to return to Monroe and call
for further assistance. Accordingly. re-
turned to Monroe, where !. with Lieutenan!
HmIoson. arrived about = 7. NJ, and IN a
short time, say about +. NJ. on the same
1ay. a mob Of some 200 armed men
claiming to be the deputy sheriff with q
posse. and composed in part OF the same
men | had warrants Of arrest for. and those
Who had been arrested by me, and were
hound over to appear before the United
! States court. and arrested Lieutenant H0dg
son and myself under warrant which was
not read to us-a copy Of which have since
obtained. and here give copy and the deputy
sheriti's return.
Parish Of Lincoln. Louisiana. Eleventh
Judicial D!stric. OF Louisiana.--Whereas'
| q wit Of habeas corpus Issued from the
! Eleventh District Court. parish OF Cial