Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-05-30

New ORLEANS, Hay 29.-Some days ago
A. August was TOR the second time arrested,
tried, convicted aud sentenced by Judge
Smith, OF the first recorders court, to pay a
fine OF twenty-five dollaTs, or in default
thereof TO be imprisoned tive days In the
parish prison, for the otfense OF selling tickets
of foreign lottery, 10 violation OF the act
of 1874. When convicted of the first Of
tense, August was released from prison
on a writ OF hGbsas corpus, issued by Judge
Houston of the fourth district court. Judge
Smith having reason to appreheld that the
prisoner wonld again apply for and obtain
release through the f0urtn ulstrlct court. pre-
sented a petition IN the superior criminal
court praying for u mandamus to issue to
James ID. Houston, criminal sheriff, COM
manding him TO hold said Augusti in ac-
cordance with the commitment. The sheriff
being present, the case was taken up and
tried. Judge Whitaker rendered judgment
il favor of the relator, and or
dered mandamus to be issued d.
recting the sheriff to hold August
In his custody, and not to release him on the
order of any court. At eleven o'clock last
night Mr.. Sambola, counsel tor August,
filed petition for writ of hGbeGs corpus at
the fourth district court. Judge Houston
made therule Teturnable instanter. The writ
was issued and served upon the keeper of the
parish prison. At FIVE o'clock Sheriff Houston
appeared in court and declined to produce
the body OF August, whereupon Judge
Houston committed him to the parish prison
until such time as he would produce the body
of August. The commItant was accordingly
made out and Sheriff Houston was taken to
the parish prison. Ga the opening of court
at the regular hour to-day the counsel for
August fled a motion alleging that August
was brought before the court and released on
a writ of hdbedS corpus, and that August was
rearrested on a similar charge and committed
to the parish prison without hearing, Judge
Smith being fully cognizant of the decision
of the honorable court. Judge Houston
ordered that S. J. n. Smith do show
cause, at six o'clock this evening, why he
should not be punished for contempt. The
counsel for August then rose, and, after
stating that 10y the rulings of Judge
Whitaker the writ of the people
had been set at naught, said that the
court had no right to take cognizance of said
mandamus, and that Judge Whitaker was
himself in contempt of this court, and that
he would now ask for the last remedy, and
file petition ordering the civil sheriff to
summon posse c0mitdtUS and proceed to
the parish prison to bring the prisoner before
the court, and ordering the sheriff and
posse to arrest all parties obsJructing them.
Judge Houston granted a writ ordering
the civil sheriff and deputies to proceed to the
parish prison, take possession OF tue body OF
August, and bring him before the court at
half-past eleven o'clock. The judges of the
civil court met In the private Office OF the
Judge of the sixth district court, and after a
brief consultation they at once proceeded to
the fourth district courtroom, and Judges
Hssal, Monroe, Rogers, Rightor and Hous-
ton took seats on the bench Judge
Houston stated that the judges of the
district court were present to give their
moral countenance to the dignity OF bis
court. Deputy Sheriff Walsh was ordered to
proceed to the parish prison and make de-
mand for August, and if refused, he should
report the facts and call upon the governor
for assistance, and then proceed TO take the
prisoner under the orders of the fourth dis
trict court. Nj. Walsh accor iingly went to
the parish prison, made demand
for the prisoner, and returning
reported to Ciyi-SheriT Handy that
the criminal sheriff refused 10 give up
the prisoner under the circumstances, and
said that. forced, he would FIRE On tne first
man. Sheriff Handy and Deputy Walsh at
once went to see Governor Nichols, to whom
they reported the facts and asked him for his
advice, and produced the order of the court
to take possession of the body of August.
They demanded the calling out Of the
militia 10 help them, for if, in
the event of the sheriff ) again refusing
to deliver the prisoner they would have 10
summon a posse cOnitdtHs. Governor Mich
oils stated that this would be very lmpor-
tant matter, and he would consult with the
attorney general and get his advice, and no
tify them. Sheriff Handy and Deputy Walsh
thea departed, and will not proceed TO the
prison until they hear from the governor.
This contest between the civil and criminal
authorities produces much excitement, and
is the subject OF general discussion on the
streets tonight. Threats of the use Of force
are made by both parties.