Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-05-10
MARSHAL VS.. SHERIFF.
CONFLICT BETWEEN STATE ANU
FEDERAL OFFICIALS IN w. VA
A Sheriff Takes the Marshai's Prisoners
Then the Marshal Takes the
sherlI-Now the Courts.
fspocial telsrram to tho pI.ps.eh.l

CH.nLrsroS, W. Va. May "a difficulty
has occurred between the United States
and State officers which came near being .
riot. and though the matter was peacTaD,S
settled The action If Judge John }. JACK
son. of the United States Circuit Court,
this morning in adjudging the Cos.s
against the Sheriff and his deputies OK ouil-
mcrs county for taking prisoners away
from the United States Marshal - ilkeF 10
be productive Of a serious conflict between
the United States Court and the St1le
courts. The case was brought UP ~ .u9
Sheriff Of Summers county taking nitcu
States prisoners from the Deputy Mhrsnai.
United States Marshal II. =. rhite seat
bis deputy. $. W. Wiley, few days as9 10
Summers county TO arrest Buck rice
Henderson Farley. and Charles II. Abbott,
who were charged with a felony. IN the
United States Court. After making the
arrest Wiley started with his PRISONERS
for Charleston.
TIE sEErIFr TAEFs THEM.
On reaching the train on which they
were TO convey the prisoners Whey was
surprised TO find Sheriff q. ]. he5sieii' OF
Summers county, and his deputy, Nlllialh
Gail, 40 the depot with m order from Judge
Campbell. of the State Circuit Court OF
Summers county. for the prisoners:
At first the Deputy Marshal refused to
surrender the prisoners. but having SIX
other Moonshinersr in his custody, VINO
he was afraid would escape # any trouble
occurred. he surrendered them to 'the
Sheriff. The Sheriff then served rule on
the Deputy Marshal, which he answered
and was discharged.
A RULE AGAINST TIE sHrR1Fr.
Wiley made report to the District A.;
torney. returned the process, and stated
the facts Of the rescue Of the prisoners from
his custody. The District Attorney then
moved the United States Court for rule
and attachment against the Sheriff and ms
deputies to show cause why thoy should
not be punished for contempt of the
United States Court in the rescue Of the
prisoners from the Marshal. Marshal
White went with the rule to Hinton. He
called on Judge Campbell, who Informed
White that he would soon be arrested. and
that he could not arrest the Sheriff Of tho
State court White told the Judge that
lie had warrant from the United States
Court. and would take his prisoners to
Charleston.
TEE SHERIFF ARRESTED.
While the Judge was absent from his
room. il being almost train time. the
United States Marshal started with his
prisoners 20 the depot and tho tram was
about TO pull out. The Clerk Of the Sum-
mers Circuit Court and several deputy
sberifs arrived and attempted TO arrest
the Marshal and rescue the prisoners-the
Sheriff and Deputy. Marshal White an
nounced his determination TO resist arrest
and take his prisoners TO Charleston, and
called on some parties to assist him. The
train had by this time been filed with peo-
pie and the scene was one Of the widest
excitement.
OPP THEY 60.
The conductor pulled the cord and the
train pulled out, bearing the Summers
county officials several miles from home.
They were then let of the train, and the
Marshal arrived here this morning with his
prisoners, the Sheriff and Deputy Sheriff.
BOTH SIDES WRONG.
The matter was brought upin the United
States Court here this morning. and Judge
Jackson, after hearing the facts, Informed
the Marshal and al others that the Court
would not allow the Marshal or his depu-
ties to take from .he State officers any
prisoner arrested under the authority OF
the State, nor would he permit any State
officer TO take from the United States Mar
shall any prisoner under arrest by process
emanating from the United States Court.
NEVER DO so AGAIN.
The Court having ascertained that no
threats were used nor violence resorted to
10y the Sheriff or his deputies in taking the
prisoners from the custody of the Marshal,
determined under the circumstances not
to impose any punishment on the Sheriff
or his deputies, but adiudged them to pay
the costs OF serving the rule and attach
ment rs a warning never to repeat such ac-
tions in the future.
NOT OvER YET.
Judge Campbell, we learn, is not disposed
to let the matter slip so easily, and
promises to have the Marshal arrested for
contempt III arresting his sheriff, and ex-
poets to carry the matter to the Supreme
Court.