The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1878-01-27
Tho New Orleans Custom
House Guarded by United
States Marines.
Where the Returning Board ScOun-
dros Take Refuge aud Defy
The Clyll Process Of The
Courts OF Louisiana.
The Sheriff and hls Deputy Arrested by
the United States Marshal for
Attempting to Execute q
Writ Upon Wells 4 Co.
Tho End IN Not Yet, the uth0rIties
Being Determined 40 Execute tho
Raw az ANY Hazard.

The End IN Not Vet, the Auth0rItien
Being Determined 40 Execute thu
IHw az ANY Hazard.
NEW ORLEANS, January 70. --Yester.
Judge Whitaker refused TO transfer
the case against the members OF tho
Louisiana returning board TO the
United States circuit court, aud the
accused falling to appear In court their
bonds were forfeited and writs for their
arrest issued and placed In the hands OF
the sheriff for execution. AZ one
O'clock Sheriff Houston, who had been
In the custom.house Tor several hours,
learning that deputy marshal had
been put In charge OF the collect
ore office, which was locked and bolt.
ed, proceeded to the main door OF the
Office and then Informed the marshal
and Deputy Collector Tomlinson that
he had writ TO execute against
Wells and company, whom he IN!
good reasons to believe were confined
III the room, and he desired admit
lance. This was refused, whoreupon
the sheriff, who was accompanied by
two deputies, stated that he would
force AN entrance.
Mr.. Tomlinson then summoned the
chief deputy marshal, who proceeded
to the door of the collectors office aud
there ordered the sheriff and his as.
sistants, as well as the crowd that had
gathered, to disband.
The sheriff refused to leave, stating
that he was determined to execute the
writ of the court at any hazard, or be
arrested In the attempt. Sheriff Hous-
ton then slightly advanced, when
Deputy Marshal Wur2burger laid
hands upon him and claimed him and
his deputies M prisoners, The sheriff
and party submitted to the arrest and
were taken before Judge Billings, sit.
ting In the United States circuit
court but the latter said he had
nothing whatever to do with the mat.
ter, AS the parties had not been arrest
ed by virtue OF any process from his
court.
Mr.. Wurzberger then took his pri.
soners before United States Commits
sioner Lane, where he stated the case,
when Lane requested him to reduce
the subject matter TO an affidavit.
Great excitement prevails about the
custom house.
4:30 p. m. Mr.. Tomlnson, the col
led er's corresponding secretary, made
affidavit before Commissioner Lane
against Houston for resisting custom.
house officer, and has sent for the
commander of the revenue cutter and
a detachment Of marines, ordering
them to be stationed at his door,
through which passage has to be
effected to reach the collectors office,
General Sheldon and Mr.. DolorveD,
appearing before Commissioner Lane
aud denying the jurisdiction OF his
court, asked for Houston's release. Mr.
Gurley, an assistant district attorney,
asked for a continuance until Monday.
Lane refused to grant any continuance,
but released Houston on his own rec.
ognizsnce, who, IL Is Understood, i'm,
mediately dispatched subordinate to
bring an armed force to force an EN-.
trance into the custOmh0use. The EN-.
trance to the collectors office Is pa.
troled by armed marines from the
revenue cutter John A. Dix. They
Are there ~ a United States marshaPs
force, and under command OF Major
Wharton.
The report that an attorney for the
returning board had made motion
before Judge Billings for u writ Of
certidrdH Is not true. At adjournment
OF court Judge Billings stated that no
such motion had been made. II Is
understood that the reason why 1t was
not made was the certainty In the
minds Of the attorneys that it would
be refused.
Deputy Marshal Wurzberger states
| Tint tho marahal did not send for tho
revenue marine, but that Mr.. Tomlins
son, who made the affidavit, placed
them at the collectors door and turned
them over to him, saying "Mr, Mar.
shall, turn these men over to your
Ensign Beckwith, commanding the
marines, states that he was there with
his force, as the marshal's posse. Gen.
eral Sheldon, ridicules "the sacred soil
idea" and thinks Marshal Wursbur.
ger liable under the late law for OBJ
structing a peace officer In the legal
discharge of his duty.
Lster-Sheriff Houston, IL appears
from the statement Of his deputy, Ia
In the marshal's Office In conference
" It'll General Wharton, and will prob
ably proceed TO make the arrest a.
soon 90 the conference lie ended. Tn.
sheriff is said TO be acting under al
rectlons Of Attorney General Ogden