“Indictment for resisting the execution of a habere facias possessionem issued from this court; returnable to the 11th of April 18221: The writ is set out in the indictment in base verba. It appeared in evidence, that an alias habere facias possessionem issued on the 4th of May last, returnable to the first day of the present term, upon a suggestion of the plaintiff, ‘vicecomes non misit breve.’ The deputy marshal, to whom the writ was delivered to be executed, proved, that he was prevented by threats and demonstrations of violence from executing the writ; but he stated that the writ under which he acted was endorsed ‘alias;’ nevertheless he believed that the writ, which was returnable to April court last, was, from its appearance, the one which he was directed to execute. He further stated, that, under the first writ, the possession had been taken peaceably by another of the deputy marshals, and delivered to the plaintiff in the ejectment, who placed a tenant upon the land, but that the possession was afterwards abandoned.”