The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-30
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Walsh as to what action should be taken by
them IN the matter.
They finally decided tn

Walsh as to what action should be taken by
them IN the matter.
They finally decided to
CONSULT GOV. NICHOLAS,
and proceeded at once to the State-House to
get his opinion on the subject.
La the court room there was quite an inn
posing sight. Judges Tissot, Monroe Rogers
and Rightor sat with Judge Houston in
open court, to sustain by their moral counte-
nance the dignity Of the Fourth District
Court and indorse the action taken in the
premises by the honorable Judge
Judge Houston addressed the assembly,
saying that the presence Of his brother
Judges WAS simply to assist him in the en-
iorcenent of his Jurisdiction.
The courtroom was thronged. Old lawyers
gazed with profound respect at the spectacle
OF this august tribunal Of five enlightened
Judges, determined to sustain the law against
any odds.
Mr.. Dalsheimer offered the order directed
to the civil sheriff, ordering him to produce
instantly the body of said Agost before the
court by virtue OF the writ of habeas corpus.
Judge Houston ordered that the writ be
granted and requested deputy sheriff to
call Mr.. Handy before the court as soon as
possible. The deputy stated that Mr.. Handy
was not in the office and that his chief deputy
was now obeyng writ Of habeas corpus,
directed to him by Judge Whitaker. COM
| manding him to produce before the Superior
Criminal Court the body of Jas. D. Houston,
criminal sheriff.
Mr.. Walsh, deputy sheriff, in the absence
| OF the sheriff, went himself along to try, if
possible, to execute peaceably the mandate OF
| the Fourth District Court
| Should the order be refused the sheriff is
| instructed by the court to call all his depu-
| ties and proceed to secure the body OF said
Agosti, by force, II necessary.
At half-past 2 o'clock Sheriff Walsh, In
presence OF a crowded and silent courtroom,
read his return, as follows:
sHERIFF's RETURN INDoRsED ON BACK OF THE
ORDER OF HABEAs CORPUS
| Received May 20. 1878. and Immediately pro-
ceeded TO tho Parish Prison and demanded OF
| James d. Houston, criminal sheriff, the body
Of the relator herein, A. Agostt, and read to the
said criminal sheriff the, within order OF this
piled that he would not obey said order. and
hat he would forcibly resist the execution, k OF
force of the civil sherifrs office would be suffi-
cient to force entrance into the Parish Prison.
'''' ''' '''n'' '"' WILLIAM WALSH,
| Deputy Sheriff.
When the return was heard the assembled
multitude, by significant murmurs evinced q
strong inclination to be embodied as posse
| in order to execute the writ OF habeas corpus.
Judge Houston then remarked that as the
authority OF his court had to supported at all
hazards, he would order the following writ to
issue forthwith:
| WRIT FOR A POSSE coMrTATUs.
| Fourh District Cout for the Parish Of Orleans.
State OF Louisiana OK rel A. Agosti Vs. Jas. D.
| Houston. Criminal Sheriff.
The State OF Louisiana to the Civil Sheriff OF the
| Parish OF Orleans Greeting:
| You arc hereby commanded, in the name of
the state Of Louisiana and Of the Fourth Dis
1ict C2urt ior IT. the parish Of e Orleans n con-
thority Of this court. and your authority as ex-
ecutive officer thereof. in lhe matter Of the
produce the body, to take from the possession
Of Jamss d Houston o; Or any other person rs & 2.
Antonio Aposti and deliver him, the said
Agosti before this court to call to your
aid and command the services Of every able
the order In this case: now in your hands for
execution, and according to article 254t Of the
attention Of his Excelency the Governor Of the
State Of Louisiana under section No. 81 of the
acts Of he General al Assemb Of the 5tah year 1873
1873, the fact that we have been resisted
in the execution of the laws of this State and
| u,
| of him the aid OF the militia Of the State OF
Louisiana to assist you In executing the laws Of
this state and the orders Of this court. and par
ticuarly the order you now hold In your hands.
to produce before this court the body OF Antonio
Agostt y,
: turned which commands the production Of the
body Of Antonio Agosti before this court. be re-
And What you do in the premises you make
return thereof. together with this writ to our
| said court as the aw directs.
| itpn 10
said court, his twenty ninth day OF May, In the
year Of our Lord one thousand eight hundred
and seventy eight. and in the one hundred and
States" STATES. '0"f '10 GEO ?. c1zEIAH
| Deputy Clerk.
| notwithstanding the respect due to a court
Of justice, all present burst into loud ap-
plause at this prompt decision OF the Judge.
However, before proceeding to form
posse the Governor had to be notified Of the
same, and the sheriff requested the Governor
formally, in writing, to furnish the militia to
aid him In the matter, and notified his Ex-
cellency of the exact hour at which the posse
will be called.
The Governor sent for Judge Houston who
Immediately repaired to the State-House, ac-
companied by Judge Rogers The Judge is
resolved to maintain the authority OF his court,
and it is his firm determination to have
Agost before him on the writ.
/ DEMAND FOR MILITIA.
l A few minutes afterwards, and subse-
quent to the meeting between the Governor
and Deputy Sheriff Walsh, Sheriff Handy re-
ceved peremptory order from Judge W. L.
Houston to at once make demand upon the
Governor for the use of the State militia to
carry out the orders Of his court, and also to
summon from the body Of the State posse
comitatus for IL O'clock tomorrow. Sheriff
Handy at once addressed a letter to the