The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-27
THE RETURNING BOARD.
ARREST OF SHERIFF HOUSTON AND
DISPLAY OF FEDERAL FORCE.
In Return He Captures the Members Of
the Returning Board and Lodges
Them in Jail.
stafes' Rights ut Last indicated and
Sanctioned by Opinion from the
United States Attorney General.
Scenes and Incidents Of the Capture.

Scenes and Incidents Of the Capture.
Sheriff Houston, in company with several
trs his deputies, yesterday repaired tD the Gus
ttan-House to executs the capiases issued by
Judge Whitaker, Of the Superior Criminal
Court and secure the persons Of Anderson
Wells, Casenaye and Kenner, having every
reason to believe that they were concealed in
that building.
After remaining some time i'm the building
about 1 o'clock the sheriff, learning that a.
deputy marshal had taken charge OF the Col
lectots private offices, which were
LOCKED AND BoLIED.
proceeded to the main entrance and de
manded ad1nittance. Deputy Collector Tom
linson and the marshal present refused the
request Of Sheriff Houston. After explaining
that he was there to serve certain papers
upon Wells, Anderson Il Co. whom he felt
satisfied were in the room guarded so closely.
he stated that If they persisted in keeping the
door closed against the authority Of the State
he would be compelled
TO FORCE AIN ENTRANCE.
BY this time large crowd had gathered in
the corridor, and learning Of the disturbance,
and arrested Sheriff Houston
just prior to these events. a guard of
United States marines from the revenue cut
ter DIG were posted in the main corridors
leading directly from the Collectors offices, and
at the head Of the broad staircase OF The Gus
tom-HOuse. How they came there and by
whose orders, was not known at that time
ACCOMPANIED BY HIS PRISONER.
who had not resisted arrest, Deputy Marshal
Circuit Court room and brought Sheriff Hous-
ton before Judge Billings, who was holding
court. Judge Billings refused to take eogni-
zance of the arrest, as it was not done by any
process issued from his jurisdiction. Upon
this. Mr.. Wurzburger marched the sheriff be-
fore United States Commissioner w. G.. Lane,
and Deputy Collector Tomlinson then swore
out
THE FOLLOWING AFFIDAVIT:
United States Of America, District of Louisi-
ana, city Of Mem Orteans.
To W g. Lane, fl commissioner appointed
by the Circuit Court Of the United States for
the district of Louisiana TO take Acknowledged
ments OF bail and affidavts, and also to take
dispositions in civil causes: Joseph NJ Tom
linson. acting deputy collector of customs in
the State OF Louisiana on behalf of the United
States, on oath, deposes and says that James
d. Houston, sheriff OF the parish Of Orleans.
late Of the district aforesaid. heretofore to
wit: On or about the twenty y-sixth day OF Jan
uary. 1878, at the port of New Orleans, In the
Custom House OF sold port. and In the district
aforesaid, did forcibly assault, resist, oppose
prevent impede and interfere with him. the
said Joseph M. Tomlinson, acting deputy
collector Of customs ut said port then and there
being in the execution Of his duties as such off
Ger Of the customs, and did by force and vio-
lence threaten to and attempt to force and
break open the doors Of the offices OF said Cu5-
tonl-House.
SOME DTsC1ssroN AROSE
as to The amount of bond required to be given
by Mr.. Houston, but Commissioner Lane
finally decided to release fim upon his own
to appear Monday morning at
| o.. M, it being distinctly understood by Mr..
Houston and Assistant Attorney Egan that
they in no way palliated or recognized the
jurisdiction Of United States Commissioner
IAtne, who, without law or right, had inter
Fred in his judicial capacity with the man
dates OF the Superior Criminal Court through
It's criminal sheriff.
It was now within fifteen minutes Of Q
o'clock.
AN IN MENsE CONGREGATION
Of excited spectators were filling the halls of
the Granite Building. Many suggestions we're
us to the proper course to pursue,
and at the close Of debate among them
selves, Sheriff Houston, Assistant Attorney
General Egan, District Attorney Finney and
several deputy sheriffs repaired to the office
pf United States Marshal Wharton. Col. |
Wharton not being In, they were met by Mr. |
Wurzburger. Sheriff Houston advancing, de-
OF him an explanation OF the reasons
why he had been interfered with in the dis
charge OF his duties. The sheriff stated that
he had visited the Custom louise, armed with
The authority OF the law, to arrest certain per-
sons in the building charged with a criminal
ofense; that he had found the doors Of the
offices barred to him, and armed sentinels
present to resist him in the discharge of his
duties. Deputy Marshal Wurzburger re-
3pOnded that he was acting under the advice Of |
UNITED STATES DISTRICT ATTORNEY LACEY. |
that he had received written instructions both
from that official and the Collector Of the Port
w hen asked to produce the documents Mr.. |
Wurzburger stated that it was not convenient |
10 do 80. Thereupon Mr.. Houston said that |
ne would proceed to break open the DOORS |
Mr.. WuZburger said he would do 80 at his |
peril. Assistant Attorney General Egan |
Wished it distinctly understood that the State |
If Louisiana had
NEVER cEDED
ts territorial jurisdiction over the ground oc-
'npied by the Custom House, and that If Mr.
NurZburger was acting under the advice of |
he United States District Attorney, that gen
leman was sadly In error.
At this moment Marshal Wharton entered
he office. and the questions propounded his
Ieputy were repeated to him. Mr.. Wharton
'egged that the gentlemen
WOULD HAVE A LITTLE PATIENCE;
hat he had no intention of overstepping
lis duties; that he wished reasonable time
o consult the legal authorities, and that
when he was satisfied he had taken the wrong
curse, he would be glad to correct any mis-
axe that he and his officials had made.
When asked what he considered reasona-
'le time he stated q few hours. Upon con-
between the Sheriff, Assistant At
orney General and the District Attorney, it
vas agreed that the status quo should be
maintained until a reasonable time had
Elapsed sufficient for consultation with the
United States legal authorities here and tele-
,raphic correspondence with the United States
Attorney General at Washington.
United STATES DISTRICT ATTORNEY LACEY
At 4 o'clock p. m. the reporter visited United
states District Attorney Lacey for the pur-
,ose Of learning his opinions regarding the
yarlike movements In the Granite Building
When the reporter entered the United statasI
District Attorneys office, he was In conyssa-
ion with q gentleman about the matter, but +