Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-01-27
HAYES MINIONS.
SCREEN PRESIDENTIAL rH1EyEs,

SCREEN PRESIDENTIAL THIEyEs.
State Authorities of Louisiana While Sery-
ing Il State Writ Defietl by the U. S.
Marslai--The Officers Arrested and q. s.
Mar mes Called in to Help Complete the
Outrage---Only Prevented by the Hest
fancy of U. S. Courts---His Fraudulency
Appealed to by His Hirelings for support.
NoTE.-The introduction to the following
dispatch was lost in transmission. It appears,
however, from the tenor of that received that
the old conflict between the National and State
government has been revived through the act
of the U. S. Marshal and his deputies, who
have taken it upon themselves to refuse admit
lance of the State officers to the Custom House
in search of ]. Madison Wells, indicted by
State grand jury, with other members Of the
Returning Board, for Illegal acts in connection
with the elections of 1876.-ED.
NEW ORLEANS. La, Jan. 26.-At one
O'Clock Sheriff Houston, who had been in
the custom house for several hours, learning
that deputy marshal had been put in
charge of the collectors Office, which was
locked and bolted, proceeded to the main
doors of the Office, and there informed the
marshal and deputy collector Tomlinson,
that he had warrant to execute against
Wells & CO., whom he had good reason to
believe were confined in the room, and he
desired admittance. This was refused,
whereupon sheriff who was accompanied by
4 4<.l
entrance. Mr.. Tomlinson then summoned
the door of the collectors Office, and there
the crowd that had gathered to dis
band. The sheriff refused to leave
stating that he was determined to execute
the writ of the court at all hazards or be
arrested in the attempt. Sheriff Houston
then slightly advancing deputy marshal
Wurzburger laid hands upon him and
claimed him and his deputies as prisoners.
The sheriff and party submitted to arrest
and were taken before Judge Billings: sitting
in United States circuit court, but the latter
said he had nothing to do with the matter
as the parties had not been arrested by
virtue of any process from his court Mr..
Wurzburger then took the prisoner before
United States Commissioner Lane where he
stated the case, when Lane requested him to
reduce the sub ject matter to an affidavit.
Great excitement prevails about the custom
house.
Mr.. Tomlinson, the collectors correspond
ing secretary, made affidavit before Commits
sioner Lane against Houston for resisting
custom house officer, and sent for the COM
mander of the revenue cutter and a detach-
ment of Marines ordering them to be sta
toned at his door, through which a passage
had to be effected to reach the collectors
office.
Gen. Sheldon and Mr.. Dolerven, appeared
before Commissioner Lane, and denying the
jurisdiction of his court, asked for Houston's
release. MI. Gurley, assistant district at
tornev, asked for continuance till Monday.
Lane refused any continuance, but discharged
Houston on his own recognizance, who is
understood to have Immediately dispatched a
subordinate to bring an armed posse to force
an entrance to the custom house.
The entrance to the collectors Office is
patrolled by armed marines from the revenue
cutter John A. Dix. They are as United
States marshals force and under command
of Gen Wharton.
A report that an attorney for the return
ing board had made a motion before Judge
Billings for a writ of cert10r17l is not true.
At the adjournment of court Judge Billings
stated that no such motion had been made.
1t is understood that the reason why it was
not made was certainty in the minds of the
attorneys that it would be refused.
Deputy Marshall Warzarbergen, states
that the Marshall did not send for the reve-
nue. marines, but that Mr.. Towlinson, who
made the affidavit, placed them at the coHec-
tors door and turned them over to him say
ing: "Mr. Marshall, now turn these men
over to you.'' The commanding of the ma
rines, Ensign Beckwith, would only state
that he was there with his force as a mar
shal's posse. General Sheldon ridiculed the
sacred soil y idea, and thinks Marshall
Wurzburger liable under the state law for
obstructing state peace officer in the legiti-
mate discharge of his duty.
LATER.
Sheriff Houston, it appears, from state
ments of his deputy, is in the marshal's of
fee in conference with Gen. Wharton, and
will probably proceed to make the arrests as
soon as the conference is ended. The sheriff
is said to be acting under the direction Of
Attorney General Ogden in his conference
with Marshal Wharton, and they are report
ed to have agreed to submit the crisis,b tel
egraph, to Washington for settlement. It is
possible that Houston has only agreed to
postpone action until Marshul Wharton can
obtain instructions from the department of
justice.
THE MINIoNs CLAIM.
Col. Tomlinson, deputy collector, claims
that, as acting custodian of the building, he
had the right to call men from the Gen. Dix,
they being under the control of the collector,
and belonging to the custodian's service, al
though wearing navy uniforms. He 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 would be no objection, if
the sheriff had been able to make the arrest
without injuring the public property. He
called upon the marshal for assistance, after
having sent for eight sailors and placed them
as posse under the marshal.
CONFERENCE AGREEMENT.
District Attorney Lacy says he advised
the marshal to prevent execution of the
writs inside the building until further in
struction. At a conference between Assist
ant Attorney Egan, United States District
Attorney Lacy, Sheriff Houston and Marshal
Wharton, it was agreed that the stat1
quo shonld be maintained until telegraphic
advices were received from Washington.
The sheriff still keeps his men around the
cucto,,, ho11uo In;11inr