The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1878-01-30

the sheriff, who was accompanied by two
deputies, stated that he would force an
entrance. Mr.. Tomlinsen then summoned
the chief deputy marshal, who proceeded to
the door of the collectors office and there
ordered the sheriff and assistants, as well as
the crowd that had gathered, to disband.
The sheriff refused to leave, stating he was
determined to execute the writ OF the court
at any hazard, or be arrested in the attempt
Sheriff Houston. then slightly advancing,
Deputy Marshal Wurzburger, laid hands
upon him and claimed him and his deputies
as prisoners. The sheriff and party submitted
to arrest and were taken before Judge Bill
lings sitting in the United States court, but
the latter said he had nothing to do with the
matter, as the parties had not been arrested
by virtue of any process from bis court. Mr..
WurZburger then took his prisoners before
United States Commissioner 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.
Mr.. Tomlinson, the collectors correspond
ing secretary, made an affidavit before Com
missioner Lane against Houston, for resist
| ing custom house officer, and has sent for
the command of the revenue cutter and
detachment of marines, ordering them to he
stationed at his door. through which
| passage has to be effected to reach the
collectors Office, General Sheldon and Mr..
1 DOlOTNeu dpDtdIluS OOAhAhiccAOhcA
Lane and denying the jurisdiction OF his
court asked for Houston's release. Mr..
Gurley assistant district attorney,
asked for a continuance until Mon
| day. Lane refused TO grant any continuance,
| but released Houston on his own rec0gnlZ-
ance who is understood to have Immediately
| dispatched subordinate to bring an armed
force to force an entrance to custom
| house. The entrance to the collectors office
| is patrolled by armed marines from the rev.
enue cutter John A Dix. They are there as
| the United States marshal's force, and under
command of General Wharton. The report
| that an attorney for the returning board had
made motion before Judge Billings for a
writ of certiorori is not true. at the ad-
| journment 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 in the minds OF
/ the attorneys that it would be re
fused. Deputy Marshal Wurzburger
states thet the marshal did not send for
revenue marines, but that Mr.. Tomlinson,
who made the affidavit, placed them at the
| collectors door and turned them over to him
saying: 'Mr. Marshall, now turn these men
over to you" The commander of marines,
Ensign Beckwith, would only state that he
was there with his force. as a marshal's
posse General Sheldon ridicules the sacred
| soil idea, aud thinks Marshal Wurzberger
liable, under the state law. for obstructing q
state peace officer in legitimate discharge of
| his duty.
Later-Sheriff Huston, it appears from
| the statement of his deputy, is in the mar.
| shaPs office in conference with General
| Wharton, and will probably proceed to make
the arrest as soon as the conference is ended.
| The sheriff is said to be acting under the di-
| rection of Attorney General Ogden in his
conference with Marshal Wharton, and they
are reported to have agreed to submit the
crisis by telegraph to Washington for settle
ment. 1t is probable Houston has only
agreed to the postpone action until Marshal
! Wharton can obtain instructions from the
| department of justice.
The following has been telegraphed to
Washington:
NEW ORLEANS, Jan. %:
To Hon. Charles Devens, Attorney Genera; of
the United States, Washington:
| Four persons-J Madison Wells Thomas C..
| Anderson, G.. CaSsenave and L. NJ. Kenner-
| who are under All information for felony,
| under the laws of this state, forfeited their
| shelter in the custom house of this city. Writs
for their arrest are in the hands of the sheriff,
| and he went with the writs to arrest them. I'm
/ Outstanding they were shut up in a room of
the building. He was about TO force an en-
| trance for the purpose OF arresting them, when
| he was himself arrested, as / am informed,
/ upon an affidavit that he threatened TO open
| the door by force. am not aware of any ces-
sion of exclusive jurisdiction to this building,
| nor OF any Jaw that would give immunity to
| offenders against the state laws within Its
walls. Please inform me whether the general
government has authorized or will sanction
| this conduct.
/ (Signed) II. Y. OGDEN,
| Attorney General of Louisiana.
Colonel TomlinsoH, deputy, collector,
claims that as the acting custodian of the
| building, he had the right to call men from
the Dix, they being under control of the col
lector, belonging to the customs service
although wearing navy uniforms. He says
/ the sheriff was about to force the door of the
/ private Office of the collector and that he
| (Tomlinson) only protected public property.
There would be no objection if the sheriff
would have been able to make arrests with
/ out 1nlurlng public property. He called
upon the marshal for assistance and after
having sent for eight sailors and placed them
as posse under the marshal.
| District Attorney Lacey says he advised
the marshal to prevent the execution of the
writs inside the building until further in
| structions.
At conference between Assistant Attor-
ney General Egan, United States District
Attorney Lacey, Sheriff Houston and Mar
/ shall Wharton, it was agreed that the status
| quo should be maintained until telegraphic
advices are received from Washington.
The sheriff still keeps his men around the
| custom house building.
A prominent republican says two of the
four men wanted are not in the custom
| house, but went upon a fishing excursion.
| Wells is said to be one of the fishing party.
About 10 o'clock tonight Marshal Whar-
ton received an answer TO his dispatch from
the attorney general, instructing HIM lot TO
| interfere with the execution of the writs of
the state courts. Sheriff Houston was
notified, and found Anderson, Kenner
and Cassanave in the collectors office
| from whence they were taken to the parish
prison, where they will remain until they
furnish new bonds, $1,000 each. Wells
was not in the custom house, but was seen
on the morning train on the Mobile road.
1t is believed be is still in the state and will
surrender on Monday and furnish bonds at
once.