The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-27
rnaITIYEs FROM JUSTICE.


srhe Custom House In this city was yester
day the theatre u events Of the most extra
ordinary character
A few days ago ]. M. Wells, i. g. Anderson
II. III. Kenner and q. Casanave the members
uf the late Returning Board, were nrra'gnec
before the Superior Criminal Court on inior
NATION filed against them by District Attor
s,ev Finney. by direction Of the Grand Jury
for Tho Infamous crime Of forgery. The NO
nupsd. conscious Of their guilt and Of tho eS'
iatpnce Of Overwhelming evidence Of 1t, made,
through their counsel, desperate effort to
have tho case transferred 10 the Federal court.
Their detestable crime was committed In the
interest Of tho present Federal Administra-
tim. and they hoped that tho Federal courts
would sympathize with their cause, and, per-
hafe. permit them 10 escape the clutches OF the
law. Judge whitaker however, very properly
refused the application for transfer OF the
rnpn from the State 10 the Federal courts, and
was about TO proceed TO n trial when 1t was
found TINT the accused parties had forfeited
their bonds and fled from Justice. These
events transpired Friday, the 25tb inst.
Friday night II was rumored that tho
criminals had taken refuge In the Custom
House, which President Hayes has placed In
charge Of ono OF them, r. 9. Anderson. This
ruinor was yesterday pretty well confirmed,
and Mr.. James Houston, the Criminal Sheriff
III the parish Of Orleans, with the proper
papers, proceeded to the Custom-House, found
where The fugitives were aocreted, and was
nbout 10 arrest Them when one Of the dep
mites OF the United States Marshal, Wurzbur-
0er. we believe. arrested him, subsequently
fortified the arrest by n warrant issued by
United States Commissioner, on tile affidavit
af either Tom Anderson himself or one OF his
retainers, charging that he, Sheriff Houston,
wra interfering with the Collector OF the
Port Ia the discharge Of his duties, and at-
tempting 10 break In tho doors Of the Custom
House.
Marshal wharton and his deputy have, as
far as possible, evadcd the responsibility for
This Outrage upon one Of the highest civil
uGicca Of the State Of Louisiana by taking
shelter behind the United States District
Attorney, George s. Lacey, under whose ad-
vice and direction they claim TO have acted.
The Commissioner Immediately released
Sheriff Houston on bis own recognizanee, but
Wells. Anderson, Kenner and Casanave re-
manned within the walls Of the Custom-Hous
refugees from JUSTICE refusing TO obey the
mandates OF the court. The building was
filled with and guarded by armed sailors, be-
longing 10 tho United States revenue vessels,
under command Of T.. 9. Anderson, one Of the
criminals and fugitives and acting Collector Of
the Port Of New Orleans.
Iii the long and dlsgracefu history 81 car
petbag domination and Federal military inter-
ference In State AFFAIRS no moro andacious
and scandalous outrage has been perpetrated
against the laws and dignity of Louisiana
than the protection which four scoundrols,
who are Indicted by the laws for vulgar and
Infamous crime have found within the Gus
tpm-House.
s. Marshal Wharton and his deputy, Mr.. Wurz-
burger, may excuse themselves for the part
hey played In the disgraceful business on the
ground OF having obeyed instructions. But
We volunteer the information that In d free
country man does not surrender his charac-
Der as citizen or abrogate his allegiance to
the laws Of the country by becoming public
official. A United States marshal remains,
even after he has received his commission, a
citizen, with solemn obligation TO discharge
his duties In conformity TO the laws of the
country, unless he chooses Of his own accord
10 become the tool Of arbitrary authority.
Mr.. Lacey, the United States District At
torney, however, is utterly without excuse.
Even II his sympathios were with the fugitive
criminals; even il he was solicitous to aid
them In evading the laws Of his own State;
even IL he hoped, by throwing the arm Of Fed
eral power In protecting embrace around
these four fugitives to win favor, considera-
1ion and official promotion from Washington,
his knowledge OF the law ought to have
guarded him against counselling 50 gross and
palpable Nh outrage upon the civil author
ity Of sovereign State as the arrest of
sheriff In the pursuit OF fugitives from justice,
even within Federal building.
We have shown in another editorial, and a
correspondent also proves, that the State of
Louisiana never surrendered herguardianship
over the soil occupied by the Custom-Ho
and that civil officer of the State has the
came authority to follow fugitives into
that building and arrest them that he has
ID follow them into any other quarter
or building within the borders of the
commonwealth. This fact ought to have
beer familiar to MIR. Lacey and should
have deferred him from instgating the
outraged Of yesterday, and emboldening Ander-
SON to fill the Custom-House with armed men
u, thwart the State authorities. We assume
fhat the veriest tyro at the bar, unless he had
cnme personal end to subserve by a bold and
reckless act, would, before advising the Gus
farmhouse authorities to shield gang Of
criminals against the civil process OF the State
inyeetigate the extent OF the jurisdiction OF
the State over the building
But even II the jurisdiction Of the State over
M territory occupied by the Custom House
wnre doubtful, the Federal District Attorney
.ha,,d have paused before taking q position
which ID equivalent to assuming that the Gus