The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-30
Sheriff Houston Released by
Order from the Superior
Criminal Court.
The Writ Of Habeas Corpus Sus-
pended---The Liberties of the
People Trampled Upon.
GREAT EXCITEMENT ALL OVER THE
CITY.
Imposing Endorsement Of Judge Homs.
toms Conduct by All the Dis
trict Judges.

trict Judges.
At halfpast O'Clock last Tuesday night
the Fourth District Court was opened by
Judge Houston, on the application of Mr..
Sambola, counsel for A. Agosti, who repre-
sented that his client had been rearrested by
command of Judge Smith for violation Of act
No 9. and was then incarcerated in the Par
ish Prison. He prayed for a writ Of habeas
corpus on the criminal sheriff, com Delling
that officer to produce the prisoner In the
court at once. The order was granted by
Judge Houston Mt once, and the deputy sher
if Of the court, accompanied by A. Sambola
and a reporter of the DEMOCRAT,
REPAIRED TO THE PARISH PRISON
where they found all SO very quiet that they
had to make an unusual noise to rouse up one
or two of the inmates. Some subordinate be
ing at length awakened in his turn aroused
from his slumbers Mr.. Bruning, the keeper of
the Parish Prison. on whom the peremptory
writ of Judge Houston was served. This
gentleman. after parleying for about a
quarter of an hour, at length opened the
barred doors of the prison to the deputy
sheriff and counsel and asked q delay Of
half an hour 10 send for Sheriff Hous-
ton without whose consent he said that
he could not deliver the body Of the
| prisoner. Counselor Sambola remarked
to him that the writ was peremptory and
that the body of the prisoner had to be deliv
cred instanter. To this Mr.. Brunng replied
| that che had orders" and could not deliver the
prisoner without the consent of the sheriff.
Whereupon the deputy sheriff made the return
published hereafter, and the party repaired
to the Fourth District Court, where a return
to the writ was made according to law,
| SHERIFF HOUSTON APPEARED
at 3 :25 a. IN, He stated that he held an order
from the Judge of the Superior Criminal
Court that he could not disobey and that
was to hold the prisoner. He asked delay to
consult with counsel.
! Attorney Sambola objected to his asking in
diligence from the court before he obeyed
the order of court and produced the prisoner.
Judge Houston ruled that no Judge had
, the power to counteract q writ of habeas
! corpus.
| Sheriff Houston remarked: May it please
| the court am chief executive officer OF the
orders.
| Sambola replied. / move that the sheriff be
declared in contempt of this court and SEN
fenced accordingly. will see that men enough
be assembled as posse comitatus to have the
order of the court enforced,
| Judge Houston: The law Is very peremp-
tory (The Judge here read the law, If the
sheriff decline to give up the prisoner he
must go to prison himself.
| The sheriff answered that he had received
orders from the Superior Criminal Court not
| to surrender the prisoner. LII he disObeyed
this order Judge Whitaker would suspend
| him from office. If he obeyed the order OF
the Fourth District Court he would be sent to
prison He thought, therefore that he ought
to choose the lesser Of these two evils, and he
would therefore decline to surrender the
prisoner.
| Judge Houston then issued
AN ORDER SENDING THE CRIMINAL SHERIFF
TO PRISON,
until he should comply with the order Of the
court and produce the prisoner.
Mr. Sambola then remarked that, although
this order was vindication of the authority
of the court, the mere sending of the sheriff
to jail was no relief to the unfortunate citi-
zen who was imprisoned. What WAS the use
OF the writ of habeas corpus if the prisoner
remained locked up2 1t was virtually abol-
ished-a dead letter He therefore asked
that the Judge should demand Of the Cover
nor force, IL necessary, to produce the pris-
oner ia court.
/ AT TEN O'CLOCK
yesterday morning the court again opened
and the case at issue being called, Mr.. Dal-
sheimer filed an application asking for
POSSE COMITATUS
to proceed to the Parish Prison and demand
the body of the prisoner Agosti, confined
there. The order for the posse was eliminated
by the Judge, and one substituted therefor
directed to the civil sheriff, commanding him
to proceed forthwith with his deputies to the
Parish Prison and take therefrom the body o
Agosti, to be produced in court.
Mr.. Walsh, deputy civil sheriff, then pro
ceeded under this order to the Parish Prison
and demanded Agosti. The keeper OF the
prison replied that he held the prisoner under
; an order Of court, and refused to surrender
/ him unless overpowered by superior force
Deputy Walsh returned and reported this
! and
CONSULTATION
was at once called between Sheriff Handy ane