Vicksburg weekly herald. (Vicksburg, Miss.) 1868-1883, 1878-05-31
LOUISIANA LOTTERY.
Az Interesting Legal Cass-Clash Be-
tween Civil end CrInInaI Authsrluss.

tween Civil and CFImlaaI Authorities.
NEW ORLEANs May 29.-some days
ago A. August was for the second
time arrested, tried, convicted, and sen-
fenced by Judge Smith, Of the First
Recorders Court, 10 pay Q foe Of S26,
or In default thereof imprisonment five
days in the parish prison for the Of
Tense Of selling tickets Of e foreign lot
terry In violation Of Act 8, Of 1874.
When convicted Of the first ofiense
August was released from prison on Q
writ of habeas corpus issued by Judge
Houston, Of the 4th District. Judge
Smith having reason to spprehend that
the prisoner would again apply
for and obtain release through the
Fourth District Court, presented q
petition in the Superior Criminal
Court, praying for q mandAmus 10 ls.
sue to Jas. D. Houston, Criminal Sher-
id, commanding him 10 hold August In
accordance with commitment. The
Sheriff being present, the case was
taken up and tried. Judge Whitaker
rendered judgment in favor OF the re-
lator, and ordered q mandamust to issue
directing the Sheriff to hold August
In his custody, and not release him up
on order Of any Court. Last night
Mr.. LsmDOls, counsel for August, filed
q petition for q writ Of habeas corpus
10 the Fourth District Court. Judge
Houston made the rule returna-
BILE instanter. The writ was Issued and
served on the keeper Of the parish
prison. At 4 o'clock Sheriff Houston
appeared In Court and declined to pro.
duoe the body Of August, %whereupon
Judge Houston committed him 10 the
parish prison till he would produce the
body Of August. The commitment
was accordingly made out, and Sheriff
Houston taken TO the parish prison.
On opening Court at the regular hour
to-day, counsel for August read aud
filed q motion alleging that August
was brought before the Court and 70.
leased on q writ Of hAbeas corpus, and
was re.arrested on Q similar charge
and committed to the Parish Prison
without q hearing. Judge Smith being
at the time fully cognizant Of the de-
cisiOn OF the Honorable Court, Judge
Houston ordered that s. j. N. Smith
do show cause at 6 o'clock this even.
ing why be should not be punished for
contempt. Counsel for August then
arose, and after stating that by the ruiz
ings ofJudge Whitaker, the writ Of the
people had been set at naught, the
Court has no right to take c~ognizance
Of said mandamus, and Judge Whit
taker was himself In contempt Of this
Court, and he would now ask for the
last remedy, and file o petition order
ing the civil Sheriff to summon Q posse
cOmitatus, and proceed to the parish
prison and bring the prisoner before
Court, aud ordering the Sheriff and
posse to arrest all parties obstructinG
them. Judge Houston granted the
writ ordering the civil Sheriff aud dep
uties to proceed to the prison, TAXI
possession OF the body of August
and bring him before Court at II 80
Judges Of civil Courts met in the pri
vate Office Of the Judge of the Sixth
District Court, and after o brief consul
tation ct once proceeded to the Fourth
District Court room, and Judges Tlsset
Monroe, Rodgers, Ritter, and Houston
took seats on the Bench. Judge II
stated that Judges Of the DistricI
Courts we're present to give mora
c%ountensnce to the dignity Of his Court
Deputy Sheriff Walsh was ordered ID
proceed to prison and make a demand
for August, and II refused be should
report the facts and call on the Gov,
ernor for assistance, and then proceed
to take the prisoner under orders 10 TIL
Fourth District Court. Walsh accord.
Ingly went to the prison, made q de-
mand for the prisoner, and returning
reported to civil Sheriff Kinds that the
Criminal Sheriff refused to give Up
the prisoner under any circumstances
aud said that II forced he would
FIRE on the first man. Sheriff
Handy and Deputy Walsh at once
went to see the Governor, to whom
they reported the facts, and asked him
for advice, and produced the order OF
the Court to take possession of the body
Of August. They demanded the call
ing out of the militia to help them, for
in the event Of the Sheriff again reIus,
ing to deliver the prisoner, they would
be obliged to summon q posse com,
itatus. Gov. Nichols stated that this
would be a very important matter, and
he would consult with the Attorney.
General, get his advice, aud notify
them. Sheriff Handy aud Deputy
Walsh then departed, and will moi
proceed to prison till they hear from
the Governor. This contest between
civil aud criminal authorities produces
much excitement, and lie the subject o.
general discussion on the streets to,
night. Threats Of use Of force ar
made By both parties.
r~..-sa.k1a Yna,wwaaNtam A. A. A..