The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-01-30
ON TRIAL FOR THEIR CRIME.
THE PROCEEDINGS IN DETiIL IN THE
RE1t RNfNG BO.iRD CASE.

Incncctuai Efforts Of Wells. Anderson. tnsc-
nave aud kcnncr to Delay Justice An-
dcrsou Protected for II Tine by File OF
Dick Thompson's Marines " ciis's Flight.
NEW ORLEANS. Jan. %. The trial of Wells,
Anderson Cascnavc. and konncr. the members
of the dcfunrt Returning Board Of this state,
bnrnn day before yesterday in the superior
Criminal Court II the Parish of Orleans. Judge
william H. Whitaker presiding. The accusa-
lion against these men is forgery Of the public
records and making false returns OF the
State election held in November 1876. The in
iictmcnt or Information upon which they were
arrested and held to bail was published in The
suy in August last. The State il represented
by Attorney General Ogden and Assistant At
iorncy General Pagan. and the accused by
Ncssrs. Cuom. Ray. and Castclanos. Of the
bar Il this city,
Tho frs, movc on the part OF the accused was
to have the ease transferred 10 the United states
Circuit Court. ou the ground that the Jury list
had hccn manipulated to their disadvantage.
and that Ivy reason Of public prejudice they
could not have n fair trial in the State court.
This appli alton was made under Article Gal of
the Revised Statutes II the United States which
reads thus;
when amy civil suit or criminal prosecution is com.
need 40 fuf state Court. Nf uNN cH1.t w'nf''rNNf.
Il .ai ai iIirniso Of u'c site of in 10 rAtto' tc
s,,nr,i ,onmn, any NY ptovtui iot ih' equal c,i
viNln 'ie iH''i fNn oi ue lm'cl sie'e. or asain.
hl. Ni .f. 'i'+ no. m.iti t."f oi' l'i-'l I.i flh
or .fl.if'.al, ,.fue .i DO uul-f ,N."r 'h.'' r.
ris.d nau ai' ltv fr''ldn- for 'lti ftii. '' i..i
sHil lN iu Hnt i'i Nh II. uih ill 'l
would it nl..u.. .f,n, Ni'n .n.h lass. 80. o. gr-.
sal stae c.ui 900 ai. imc o. gre ihe ilal ~ ti.l
IL afi,- M ,,'i ,,i. w. .,,c.r w t..rt ,,t
g,N i' n a. li d., f. f.tai.. ,,I,i. b. b.
|N o. .II| |H bod |IN| n u D.
sO,iu .i il siai, Count -lAi ,'a. snl -uaI lot Dc
m.it,f ~ d. .,'.i,n r,f. ioiai nni u'0 manncr ln
" tN th. tlIsf~ connected with fllt process Go Dee
Med 300 the trud slatc. Court
The Judge took this motion under advise
mcnt. and vest rlny rendered his decision
ovrrruling IT, He hold that the allegations 81
the accused upon which they based their arpN
cation for removal Of the case. did not bring it
within the provisions " the law above cited.
that the allegation touching the manipulation
OF the jury To the prejudice Of the accused WAS
charge against the officers Of the state who
supcrintcnd the Jury drawings. and was not
reason for transferring tho case to the Circuit
Court Of the United States.
Immediately after the reading Of the decision
The accused were called to stand their trial but,
strange to say. they were not present. Their
counsel then moved lot, COMMISSIONS t3 take
The testimony ol cN-GoN Mccormick Of Illinois,
isidoro MaCormick Of Mobile. Xia.. alleging th hoy
could not safely 20 to trial without their cvi-
d"nce. The Acknowledgment res stod this ap-
IlicHtion. and challenged defendants counsel to
produce a single cas-, in the whole history II the
common law in which the right they pretended
10 Ia this onsc was sustained, and also called
upon them Ia produce single statute conf'rr-
INK power upon IN" criminal courts in Louis
iuua 10 send n commission in or out of the state
In criminal case while calling their attention
b. TIA" express statute cunicrring such power
upon the '.ivil eourts-that is in civil suits.
TIA" Judge then Ovcrruicd the motion Tor
commissions to take testimony out Of the State.
Tn state AT this stag 81 the case filed motion
NtHTH4 a nm F "A
upon IN" court adIourncdtill6P. VI. Atthls hour
the court rrop"n"d. and the accused not being
prcscut their names WE'RE called hut they failed
10 appear Their hund~m"n wrr" also called.
with the same result. Mhrrrupon the Attorney
General moved that their bonds boz declared for
irtcd, when motion was granted 10y M 'ourt;
Alias cdpiaseS were then ordered - hc issued
inr the rcnrresi Of the accused and II was de-
clar"d by the Court that in case they were ar,
rested they would bc Released upon giving bond
Ia the sum originally lNed-that is. 500 for
zach.
This was last night To-daythc sheriff OF the
parish had a larg" number of deputies at work
Fearching for the contumelious and defiant
Wells. Anderson Casenave. and Kenner. hut
without success. They were not at their homes,
hut were SUPPOSED to be- secretrd IN the United
States Custom House hui ldinr fproiably In thoir
Offices ther"l which the Sherlits deputies this
morning entered for the purpose II searching,
THIS they were not allowed to ] 90 and am AFFIDAVIT
missioner Lane by Joseph NJ Tomlnson. clerk
10 the United States Collector of Customs. under
section 5.i47 oi til" United States Revised Stat
ut'-. charging sheriff Houston With threaten
doors OF the Custom House;
,r4i Ss'f~ = A"1,oa. i,','d n iou'"i'a. ''t~ N''
81 by the cmeuii touri oi The niicd 's'ar,
or ,ne pi'rgi of lg e,,a to i"hs s,An"yt
t,i-inou. Ia civil causes Joseph " rouilnson ACTIN.
t.Isl IN, t,i'ed sn,.. 80 oarn d,ro-e. aai .a,.
nc oi H. dl,tr1ta resaii h,retdiore 10 Wit onDi
about Oh, .h FAY o January ls7- az the port oi Sow
d.ri., a'orc.aii nd iore.bly a..snit rc.H orro,@
1. , il bNfa,, Gi, a ~ ~, ,i 90 .ls
20, a. and NIX, ieins 10 me ,uuon Of IA, dnue'
luc, threaten To aud aii'mpi u force. AMI break olsn
H. oln O, he .1'up in .ch csc. ND, and ro'l,i.
an 5 5e,, H. ls s aa d.- %. a. meg s st"I
nay be- and hsd TO answer mas
'Si-ned '''' cav ''''' '''' jos rosllSscS
T..'' sq,.. q A~7se. pssf q ls~.s-a ,,'s y N''
.c,ali, lrea scicrs and mad osi " ge'e
day ct January ~ tue year OF our Lori ls7-.
United sta,es coniinssion,
The section 81 the law upon which ii is based
reads thus:
.Eygy ter.og who loIei9y assaults. res,.s.
:n.''n. or h irrty or as rs.m sss,snt him M NE
Execution of h. duut' or Any person authorized t. maze
.ha. be incd not i.s. tian e." nor NOR. t.an
iorr than one war, or both
Commissioner Lane thcrcupon issued his
"arrini 10 arrest Sher.n Houston. who was Ia
%" custom House building. Being brought be-
lore MN tp answer H. the accusation, the sheriff
@a- represented by NJ ~srs. L. \. Sheldon. for
ntr member of Congress; Assistant Attorney
(, n'ra Elgan, and J.. H. FHrrar Assistant
h.'Hd States Attorney Gurlcy appeared iur iAr
Gliirl ~rf,- Aftrr considerable. palaver. not
L. b." dI-ulilDl hy he term Grg,uneId the cas-
was continued I'll Nlnnduy. Jan. y. The Shorn
ami nus t'luii"- Mrr.' r'leHs"d ON thrir own re-
el-n zan"- until Monday. At 10 \. VI. Tie
Nu'rn said he would not ac'cif OF hi- release
'n any condition. and that hr should d
nsa'n appear L. answer the charge. This
GA ihn alvlrc ~ his counsel and also
ai'h lNr opinion 81 the Assistant United
d. aw To- prevent the Sheriff. soar hing
ile Custom II u.s., handling ana urr.-iln- par
tN- "l"ln."Dn r,tIrd or Otherwise. uud rr Wrlts
gully l~-uni from The state courts. lie said
L." iulld.hs- ami grounds Of th" United States
W." n"i iii'iluV ilH'f- for persons under ln-
d.Dirl9nt IN State courts. nor did the law upon
N.lh ih" Commissioner was acting nave any
lr' rene" in su'il persons or cH-os. Counsellor
NN'W'n ill Shrr,n Houston 10 70 ON and
hV"i ID iof iAr parties anywhere and every