Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-01-29

Deputy Marshal Wurzburger laid hands
upon him and claimed him and his deputies
q prisoners. The sheriff and party sub.
'tmitted to tho arrest aud were taken before
Judge Billings, sitting 10 the United, Stltes
circuit court, but the latter .aald he had
nothing tn do with the matter, - the par
ties had moi been arrested BY virtue Of any
process from his court. Mr.. ~Wurzbergsr
then took his prisoners before United States
Commissioner Lane, where be was request
ed to put the case>in whiting. There is
great excitement.
Mr.. Tomlinson, the collectors corres-
ponding secretary. made affidavit before
Commissioner Lane against, Houston for re-
sisting = custom house officer. and sent for
the commander of q revenue cutter and y
detachment of marines, ordering them sta
toned at his door, through which passage
has to be effected to reach the collectors
Office. fr tstsmlt
General Sheldon and Mr.. D~olornen ap-
pearing before Commissioner Lane aud de-
nying the Jurisdiction of his court, asked for
Houston's release. Mr.. Gurley, assistant
district attorney, asked for continuance un-
til Monday. Mr.. Lane refused to grant any
continuance, but released Houston on his
UWu ICCUkulLdlSC uuu uC Is uuucTStOOU 10
have Immediately dispatched a subordinate
to bring an armed force to force an entrance
to the custom house. '~
patrolled by armed marines from the reve-
United States marshals force and under
command of General Wharton. ,e..suvl.
LATER.
Sheriff Houston is in the marshaYs Office
in conference with Gen. Wharton, and will
probably proceed TO make the arrest as soon
as the conference liz ended. The sheriff is
said to be acting under direction of Attorney
General Ogden in his conference with Mar
shall Wharton, and they are reported to
have agreed to submit the cribs by telegram
to Washington for settlement. 1t is probable
Houston has only agreed to.poatpone action
until Marshal Wharton can obtain instruc.
tions from the department of justice.
The following was t~elegraphed:
New Orleans, Jan. 26-To Hon. Chas.
Devens, attorney general of the United
States, Washington D. c.: Four persons,
J.. Madison Wells, Thomas: C. Anderson, G.
Cassanave and L. NJ. Kenner, who are un-
der an information for felony under the
laws of the state, forfeited their %recognizan-
ces and have, 1 am informed, taken shelter
in the custom-house ofthis city. Writs for
their arrest are in the hands ofthe sheriff
and he went with the writs to arrest them.
Understanding that they were shut up in
a room in the building he was about to force
an entrance for the purpose of arrestina
them when he wast:imself arrested, - I an
informed, upon an affidavit that he threaten.
ed to open the door by force, and I am no
aware Of any poeitive or exclusive jurisdic
ton on this building, nor of any law tina
would give immunity to offenders agains
the state law within its walls. Please inform
me whether the general government ha!
authorized or will sanction this conduct.
(Signed) H. N, OGDEN.
Attorney General of Louisiana.
Col. Tomlinsou, deputy collector. claim
that, as acting custodian of the building, b,
had a right to call men from the Dix, they
being under the control of the collector ant
belonging to the customs service, although
wearing navy uniforms. He SAYS the sher
if was about to force the door of the privat
Office Of the collector and that he (Tomlin
SOM only protected public property. Their,
would be no objection if the sheriff hae
been able to make the arrests without in
JuAAuS HuoAUS PaOpSASys AAS C0A1CO oPou &IA
marshal for assistance, and after havin,
sent for eight sailors placed them as a poss
under the marshal. The district attorne,
says he advised the marshal to prevent TIL
execution Of the writs inside the buildin,
until further instructions.
About ten o'clock tonight Marsha
Wheaton received an answer to his dispatcI
from the attorney-general instructing hir
not to interfere with the execution of writ
of state courts.
Sheriff Houston was notified and foun
Anderson, Kenner and C~aseanave in tn
collectors Office, from whence they wer
taken 10 the parish prison where they vii
remain till they furnish new bonds in $500
each. Wells was not in the custom-hous
but was seen on the morning train of til
Mobile road. 1t is believed he is still in til
state and will surrender Monday flu,
nish bonds at n