The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-12
TuH CerrEwrf' CASE.
Custon,- House officials Befare the Judge
NJ the superior Criminal Court

AT 10 o'clock Monday morning Deputy IOi-
lprtpl Tolnlinson, United States Deputy Mar
ebal Wurzb,irger and Commissioner Lame up
pearpd before the Superior Criminal Court to
answer the rule for contempt against them by
The prosecuting officers IN The Returning
| Board case. .ss.s..
Measrs. 1ullcm and Castellanos appeared
~ Uen,.ty Collector Tumlinsun and Com mis-
4 sioner Lane, and Mr. James Lingat, for Uhi-
ted States Deputy Marshal Wur1burgef
On motion, Of Mr. Castpllanus and on suR
resting il, the court that the detention If Mr.
Tonlnsun, now Acting Collector q Customs
during The imprisonment Of the lnc!l'nbei,t.
Gen. Anderson, would be 1ettineutal, 80 We
service. Judge Whitaker ordered Mr.. Tenlin-
son IL, lie discharged ON parole.
In response the following answer was mace
BY Mr.. Il. Wutzbufger, through his attorney,
Jas Lingan, Est: .,t.,,,
State Of Louisiana rs. Madison Welfs e.
Tie order tie him herein Issued, to
show cause why he should not be punished
for wilful contempt Of this honorable etHart,
comes Edward s. Wnfzburger, who for cause,
under oath. shows as follows, VIZ: 49,,
That on the twenty sixth january, 1878, he
Yas chilled unon by NJ Tofllins.oi,i, DEPUTY 1 y
y ts l. 9 g. & mags sds R9' Which, 81 oee os
pondent Is employed as chief deputy,
and Informed by said Tomlnson that
crowd v men , wGre fss en- fgntd u
| the rutriHUlS anu hhllS q lie tiItu
States Custom House building in which
building were located tile COLLECTORS and
| Marehal's Offices as we'll as The Circuit and
District Courts Of the United states,, and
tat d riot or disturbance ut some serious IA
| tire would orrut Unless he tdnrpnentl inter-
ferpa tn prevent II. Depunent was informed
that there were tnen within said Deputy qol-
lettol's office who were armed anu Would re-
sist any one entering there, while those on the
/ outside were violent aud threatened to break
i...I, ,,t-f II that there
we're large AMOUNTS Of money and ,valt'ahlle,
irnpeltv Of the United States within said
building under said Toninsons charge,
and III case of any FUR, further violence n,'s
that said deposits Of money and othe..
property Of The national government would
BE placed III datgef and Jeopardy. and That
he. said Deputy Collector Tnnllnson, ealled
upnn Witness. In the absence Ut Col. Wharton,
the United states Marshal, as the custodian,
Of the peaee Of the buildin :. to prevent the
said persons from breaking ~. or attempting
to l,leak into said offices, Of 81 lnntstng tlu
doors Or locks, OF otherwise .endanlgerlnE the
pea,,t, OF property therein. TO all this wit
ness declined to respond at least till 1t was
nut In writing. whereupon said Tolnnson re-
Tired and shortly returned with the following
written communicative to wit:
| nFFirB or CUSTODIAN i
United States Custom House, \
New Orleans, La, January 10. 1878
Th. United states Marshall
Clause having been reported to me Tint there
ore strong probabilities If q crowd occurring
inside this building. ! tall tipun you for pro,
lection for tho government property and
funds Ii, this building. my force being ihade..
uuatn | am reliably informed that an attempt
viii be nade to force open doors etc, and my
request is urgent o
D Respectfully,
:, j. nj. TuMn1HsoN. Acting Custodian
nenpuant still reluctant I'd Interfere, tle-
nt t1s Ia iii tjt,tiG M
United States District Attorney. the nearest
and highest law officer Of the national gov
eminent in this city and the advisor Of the
executive officers Of the nited States courts
and government and their deputies
b That tlpreupun said Tomllnsun proceeded
before Geo s. Lacey, Esq, United States
District Attorney for the District Of bouisi..
ana and procured the following Endorsement
Of the said law officer. viz
United sTATHs ATTORNEYS 0FFIrH |
New Orleans. January 90, 1878.
. Respectfully routned No person can ht
permitted TO come into the Custom=lIouse foi
the purpose Of doing violence TO the property
Of tile United States. or 10 e.rffHfe any .Staft
rrh of process Until otherwise directed YOU
will afford the protection within called for. BY
all the power within your Legitimate control
Gro. s. LACEY.
United States Attorney
In addition TO said written Endorsement. the
said District Attorney Lacey verbally told de-
ponent that IT was his Imperative duty TO pre-
serve tho peace Of that building Mt al
hazards. and % prevent the service OF ans
writ from d State court within the same. ald
that the forces of the government In The. city
were there to mid him to enforce his depo
nent' 81 authority oThe said Tomlinsoli alsr
rendered to ,oponent An armed force from tbs
Revenue Department. which dcpnnent declined
and refused To have anything to do with.
ul,aer these circumstances and these in
strut1ons iron, the law officer OF the govern
Of Col. Wharton. United States Marshal
whose deputy deponent is. and for the purpose
simply and solely Ut preventing disturbance
and perhaps bloodshcd until communicate,
could be had with the Attorney General al
Washington, this depunent proce"'. ed witt
one single deputy marshal to the door of til,
tinted States Collectors Office in said In,id
ing, to try and calm the die ,urbance
Arriving ~ ~ doc deponent found thu
.netitf demanding admittance and threaten
ing TO breat. the locks and burst open TIN
doors. peponent ON his oath AYERS that i
was rot to his personal knowledge that an,
person OF persons were within said Deput'
t,olIectors office charged with crime, nor hnt
he the least desire or purpose or intention t.
protect any such person or persons from lega
arrest. nor to Interfere with or show disre
spect to this honorable court or to It's wrlts Q
officers in the legal execution Of their duty
but that being called upon ~ the Deput
l'3'p15
i within tho building. and being advised by Mi
v Lacey, the United States District Attorney
/. and proper legal adviser Of the executive off
i GERS Of the United States courts and govern
II ment. IA aforesaid, and simply to preserve tn
peace and prevent q violent collision. whic
# deponent verify believed and had good reaso
u to believe certain persons within said Custom
House were willing and ready to provoke fe
for selfish purposes, deponent placed himse
in front of said door, alone. and state
to the criminal sheriff of this paris
that he. said criminal sheriff, could NJ
be permitted to break down or ent'
O. the said door And upon the continued thref
Of said criminal sheriff, who at this time We
2 in the presence of crowd. whom neitht
T. dcponent orosaid sheriff could have col
is trolled from violence in event of q breaking
y Of said door, as deponent verify believed
v that. he. said criminal sheriff would brea
said locks and burst through said door unlel
deponent arrested him, said sheriff. NJ
thinking this suggestion on the part of sa
RS sheriff In tho interest of a peaceful settemel
IL of the difficulty, deponent did arrest sa
Y. criminal sheriff and took him before Unite
IN States Commissioner Lane where Mr. Tor
q linson. aforesaid made affidavit against so
sheriff and said commissioner released hi
IN bta own reppppiynupe