The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1878-01-28
Billings, sitting in the U. S. Circuit

not been arrested by virtue of any pro-
cess from his court. Mr.. Wurzburger
then took his prisoners before United
States Commissioner Laue, where he
stated the case, when Laue requested
him to reduce the subject matter to an
affidavit. Great excitement prevails
about the custom house.
New ORLEANS, January 26-4:30 P. NJ.
Mr.. Tomlinson, the collectors corre-
spending secretary, made affidavit before
Commissioner Lsue against Houston for
resisting custom house officer, and was
sent for the commander of the revenue
cutter and detachment of marines, Or
dering them to be stationed at his door,
through which passage has to be of.
fected to reach the collectors Of
fee. General Sheldon and Mr.. Dolorven
appearing before Commissioner Laue
and denying then jurisdiction of his
Court asked for Houston's release. Mr..
Gurley, Assistant District Attorney,
asked for continuance till Monday.
Mr.. Lsue refused to grant any continu-
ance, but released Houston on his own
recognizsnce, who is understood to have
Immediately dispatched subordinate TO
bring an armed force to force an entrance
to the custom house. The entrance to
the collectors office is pstroled by armed
marines from the revenue cutter John
A. Dix. They are there as United
States marshsls force, and are under the
command of General Wharton. The re-
port that an attorney for the Returning
Board had made motion before Judge
Billings for writ OF ceTtiOrGri
Is not true. At the adjourn
ment of the Court Judge Billings
stated that no such motion had been
made. 1t is understood that the reason
why it was not made was the certainty
10 the minds OF the attorneys that it
would be refused. Deputy Marshal
Wurzburger states that the Marshal did
not send for the revenue marines, but
that Mr.. Tomlinson, who made the af-
fidsvits, placed them at the Collectors
door and turned them over TO him, say
ing, "Mr. Marshal, l now turn these
men over to you"
Ensign Beckwith would only state
that he was there with his force as
Marshaps posse.
General Sheldon ridicules the sacred
soil idea, and thinks Marshal
Wurzburger liable under the State law
for obstructing State peace officer in
the legitimate discharge of his duty.
LATER.
Sheriff Houston, it appears from the
statement OF his duputY in the Marshal'S
office, is in conference with Gen. Whar-
ton, and will probably proceed to make
arrest as soon rs the conference Is ended.
The Sheriff Is said to be acting under the
direction of AttorneyGenersl Ogden, in
his conference with Marshal Wharton,
and they are reported TO have agreed TO
submit the crisis by telegraph to Wash
ington for settlement. 1t is probable that
Houston has only agreed to postpone ac-
tion until Marshal Wharton can obtain
instructions from the department of JUS
tice.
The following ha; been telegrsphed:
NEW ORLEANS, January &c.
To Hon. CHds. DeUens, attorney General,
Washington:
Four persons, j. Madison Wells, Thos.
g. Ander. on, q. Cssssnsve and l.. Nj.
Kenner, who are under an information
for felony, under the laws of the State,
have forfeited their recognIzsnce, and
have, am informed, taken shelter in the
custom house, this city. Writs for their
arrest are in the hands of the sheriff, and
he went with the writs TO arrest them,
understanding that they were shut up in
q room OF the building. He was about
to force an entrance for the purpose Of
arresting them, when ne was himself ar
rested, ss l am informed, upon an
affidavit that he threatened to
open the door by force. l am
not aware Of any cession Of
excessive jurisdiction on this building
nor of any law that would give immunity
to offenders against State law within its
walls. Please inform me whether the
general government has the authority or
will sanction this conduct.
1Signed7 Ii. N. OGDEN,
Attorney General Of Louisiana.
Colonel Tomlinson, Deputy Collector,
claims that as acting custodian of the
building he had right 70 call the men
from Dix, they being under the control OF
the Collector belonging to the custom
service although wearing navy uniforms.
He says the Sheriff was about ~ force
the door of the private Office OF the Col
lector and that Tomlinson only protected
public property. There would be no
objection if the Sheriff had been able 10
make the arrests without iHjuring public
property. He called upon the marshal
for assistance, and after having sent for
eight sailors, placed them az pose under
the marshal. District Attorney Lscy
SAWS he sdvised the marshal TO prevent
the execution Of the writs inside the
building until further instructions.
Alta conference between Assls.sn. At
torney-Genersl Egsn, L. 5. District
Attorney Lscy, Sheriff Houston and
Marshal Wharton, it was agreed that the
status quo should be maintained until tel
egraphlc sdyices are received from Wash
iIgton. rhe sheriff still keeps his men
around the building.
A prominent Republican says that two
Of the four men wanted are not IN the
custom house, but went upon fishing
excursion. Wells is said to be one Of the
fishing party.
Their Arrest Effected.
Ngw ORLEANS, January 2G.-About
10 o'clock tonight, Marshal Wharton
received an answer TO his dispatch from
the Attorney General, instructing hin
not 10 interfere with the execution Of the
writs of the State Courts. Sheriff Hous-
ton was notified, and found Anderson,
kenner and Casssnsye in the Collectors
Office, from whence they were taken to
the Parish priion, where they will re.
main until they furnish new bonds OF
5000 each. Wells was not in the Gus.
tom house, bu. vs seen on the morning
train OF the Mobile rosd. 1t is believed
that he is still in the State, and will sur
render Monday and furnish the bonds at
once.