The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1878-01-31

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grant any continuance, but released
Houston on bis own recognIzance,
who is understood to have immediate
" dispatched a subordinate to bring
an armed force to force an entrance
through the custom house to the en-
trance Of the collectors Office, which
is patroiled by the armed marines from
the revenue cutter, John A. DIX. They
are there as the United States Marshars
force and under the command of Gen.
Wharton.
The report that an attorney for the
returning board had made q motion
before Judge Billings for a writ of
eertiord.-i 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 rea-
son why it was not made was certainty
in the minds Of the attorneys that it
would Oe refused.
Deputy Marshal WurZburger states
that the the marshal did not send for
the revenue marines, but that
Mr.. Tomlinson, who made the
affidavit, placed them at the
collectors door and turned them over
To him, saying, mir. Marshal, | now
turn these men over to you" Ensign
Beckwith, commanding the marines,
would only state that he was there with
his force as the Marsha's posse. Gen.
Sheldon ridicules the sacred soil idea,
and thinks Marshal Wurzburger is liza
bic under the State law for Obstruct-
n .tfff l,, Loo a
charge of his duty.
Sheriff Houston, it appears from the
statement of his deputy, is in the Mar
shaPs office in conference with Gen.
Wharton, and will probably proceed
to make the arrests rs soon as the con-
ference is ended. The sheriff is saiG
to be acting under the direction of At
torney General Ogden. In his confer
ence with Marshal Wharton, and they
are reported to have agreed to submit
the crisis by telegraph to Washington
for settlement, it is probable that Hous-
ton has only agreed to postpone action
until Marshal Wharton can obtain in
structIOns from the Department Of JUS
tice.
Ldter-The following was tele-
grsphed: New Orleans, January
2G.-To the Hon. Chas. Devens, At
tOrney General of the United States,
Washington, ID. c.: Four persons
J. Madison Wells, Thos. G. Anderson,
G. Cassnave and l.. w. Kenner-who
arc under an information for felony
under the laws of the State, forfeited
their rccogniz Ince, and, am informed,
took shelter in the custom house Of
this city. Writs for their arrest are in
the hands of the sheriff, and he went
with writs to arrest them, understand
ing that they were shut up in a room
of the building. He was about to
force an entrance for the purpose of
arresiIng them when he was himself
arrested, as l am informed, upon
an affidavit that he had threatened
to open the door by force.
am not aware of any cession
Of exclusive jurisdiction of this build.
ing, nor of aoy law that would give
immunity to offenders against the
State law within these walls. Please liz
form me whether the Federal govern
ment has authorized and will sustain
this conduct. H. G. OGDEN,
"Att'y Genl."
Col. Tomlinson, Deputy Collector,
claims that as acting custodian of the
building he had the right to call for
the men from Dix, they being under
the control of the collector and be
forging to the custom service, although
wearing navy uniforms. lie says the
sheriff was about to force the door
of the private office of the collector,
and that he, Tomlinson, only protected
the public property there and there
would be no objections if the sheriff
had been sble to make arrests, without
injuripg public property. He called
upon the marshal for assistance, and,
after having sent for eight sailors,
placed them as a posse under the mar
shall. District Attorney Lacy says that
he advised the marshal to prevent the
execution of the writs inside the build
ing until further instructions. At a
conference between Assistant Attorney
General Egan, United States District
Attorney Lacy, Sheriff Houston and
Marshal Wharton, it was agreed that
StGtW quo should be maintained until
Geographic advices arrived from Wash
ington.
The sheriff still keeps his men around
the custom house building. Promi-
nent Republicans say that two of the
four men wanted are not in the custom
house, but that they went upon fish
ing excursion. Wells is said to be one
of the fishing party.