The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-01-27
LOUIsIANA's RETURNING BOARD.
a United states Marshal Prevent,ng the Exc
cution Of n Writ Against Them.


New ORLEANS. Jan. 26.-At o'clock to-
day Sheriff Houston. who had been in the Gus
tom House for several hours. learning that a
Deputy Marshal had been put In charge OF the
Collectors office. which was locked and bolted.
proceeded to the main door OF the ONCE and
there informed the Marshal and Deputy Col
lector Tomlinson that he had a writ TO execute
against J. Madison Wells and others whom he
had good reason to believe were confined in
the room. and he desired admittance. This
was refused. whereupon the Sheriff. who
was accompanied by two deputies. said
that he would force an entrance.
Mr.. Tomlinson then summoned the Chief
Deputy Marshal. who proceeded to the door OF
the Collectors office and there ordered the
Sheriff and his assistants. ~ well as the crowd
that had gathered. to disband. The Sheriff re-
fused to leave. saying that 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 Wurz-
burger laid hands upon him and claimed him
and his deputies rs prisoners. The Sheriff and
party submitted TO arrest and were taken bo-
fore Judge Billings. sitting In the United states
Circuit Court. but the latter said he had nothing
court. Mr.. .wurzburger then took his prison
where he stated the case Mr.. Lane requested
him to reduce the subject matter to an affidavit.
Great excitement prevails about the Custom
Mr. Tomlinson. the Collectors corresponding
secretary. has made an aflidayit before Com
| ssting Custom House officer. and has sent for
| the commander OF the revenue cutter and de-
| tachment OF marines. ordering them to be sta
toned at his door. through which passage has
| to be effected to reach the Collectors ofiice
| Gen. Sheldon and MIR. DOlorvln. appearing be-
| fore missioner Lane and denying the iuris-
diction Of his court. asked for Sheriff Houston =
| release. Mr.. Gurlcy. Assistant District Ator-
MAJ uaua for anti mn
| Commissioning Lane refused 70 grant the con-
tinuance. and released sheriff Houston on his
| own rccOgnizance. The latter, IL IN understood.
| Immediately despatched a subordinate to bring
an armed force to effect an entrance to the Gus
| tom House
| The entrance to the Collectors Office Is
| patrolled by armed marines from the revenue
| cutter John A.. Dix. They are there as United
States Marshal's force. and under command Of
| Gen. Wharton.
Il was reported that an attorney, for the Re-
| turning Board had made motion before Judge
Billings for writ 81 certiorari. AT the ADJOURN
ment OF the court Judge Billings stated that no
certainty in the minds of the attorneys that 1t
Deputy Marshal wurzburger says that 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 10 him. saying: MIR. Marshal. now
turn these men over To you"
Ensign Beckwth, commanding the marines.
| would only say that he was there with his force
| us Marshals posse.
| Gen. sheldon thinks Deputy Marshal Wurz-
| burger Is liable under State law for obstructing
State peace officer in the Legitimate discharge
| of his duty.
Ldier.-Sherif Houston. it appears from a
| statement Of his deputy Is in the Marshal 4
| office in conference with Gen Wharton. and
will probably proceed TO make the arrests as
| soon as the conference Is ended. The Sheriff is
said 10 be acting under the direction OF Attor-
| ney General Ogden in his conference with Mar
| shall Wharton. and they are reported TO have
| agreed To submit the casc by telegraph to Wash
ingtOn for settlement. II II probable that Sheriff
| Houston has only agreed to postpone action un-
| I'll Marshal Wharton can obtain Instructions
| from the Department OF Justice.