The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-09-01
FRlSBIE AGAIN.
The EXtOrtion Case.

At 1890 o'clock yesterday, the trial of II. N.
Frisbie, United States Commissioner, on the
charge of extortion III office, preferredb by Michael
Glceson was resumed before United States Com
missioner Craig. Mr.. f. John Ellis appearing
for the prosecution. and Messrs. l.. King Cutler
and A. Z. Billings for the defense.
Commissioner Craig opened the and
passed on the objections raised to the writ ct
satpaha d'tces tecun ISSUED bs the court ordering
Frlsbie to produce the papers III the case OF the
United States vs.. Mlchal Geeson.
He said: | have had the question under con-
slderatlon and am not Yet fully satisfied to the
right Of a United states mmis-ioner under the
circumstances IL issue a writ Of sobpa1,a ducvs
tecum.
do not regard the relationship between the
United States Commissioner and the United
States Courts as the same that exists between
he Justices OF the peace and the State courts.
or course the Commissioner has to execute the
laws Of the United States, but he is appointed by
the court, is subject to removal by the court and
do n think that the COMMISSIONER is any more
than court officer, and whether under his
powers as such comes the right to issue the
subpoena dhceS tecltH. Is u question but | have
been empowered by the Court to issue it,
saw Judge Woods and he empowered me to
order it, and under this authority, and not by
reason OF my position as Commissioner, | order
the Writs to ISSUE.
The writ was Immediately handed to Frisbie
Mr.. Cutler =ad-Wi you show your authority :?
| would like to see it.
Mr.. Craig i have it, and that is sufficient ii
is not for you to see it. 1t is for my own protec-
ton that obta inc d it.
Mr.. Cutler-l do not give You any authority in
law. We held our commission as T. s. Comlnis-
sIoner, from Judge Woods.
Mr.. Craig-Wlli yon produce the documents
Mr.. Cutler-No, sir
MI. CraiS-Very good, sir; | shall make out
a commitment. (To Frisbie.) Do you refuse to
obey the writ?
Frisbie-I have my counsel.
Cuter-Yes, sir we refuse to obey make ont
your commitment, and then We will tel you what
We will do.
Mr.. Craig-vefy well, shrl await the return
Of the Deputy Marshall. If l issue the commit
ment, will send him to prison. | am not to be
triied with.
Cutler said very well and then insnuatinglv
asked of the COMMISSIONER he had better not is
sue a writ OF subpoena duces teculn hum, as he
had the documents.
Commissioner Craig was obligins and proceeded
to draw up he writ. 1t made no difference to
him who had the papers, ne was going to have
them. Finally, after much Ill ne 'cs-ary talk and
consequent delay III proceedings, Cutter tiled the
documents under protest and the examination OF
witnesses commenced.
MIR. Gamble was the first witness for the de-
Tense and he was followed bv John GLEASON Aon
OF the prosecuting witnt SIS, and John Wallace.
The testimony OF all the witnesses was in the
main the same, and was III substance, tina. Fris-
bic had demanded five dollars as bond money,
and that on the refusal of Gleeson to pay it, on
the grounds that ne did OF have it, that Frisbie
sent him to the Parish Prison. and that on the
following day, when the five dollars was paid
Frlsble; he recessed GleesOn.
hobert West, Frsbie's right-hand man and
professional bondsman Of his court, and James
Dorsey, discharged police officer, WHO always
signs Frisbie's bond when lie gets into trouble
aud one Charles Williams appeared for the de-
tense.
The two first said that Gleeson was sent to the
Parish Prison because he refused to obtain
another bondsman.
West never heard Frisbie mention s., and
Dorsey said that Fri-bie demanded So but stated
that it could be paid at any time, and he dor
sey) did not know what the money demanded was
for.
Williams, who was prosecuting witness in the
case which sent GIeesun to prison said that
trisbie demanded IS for the bond that Gleeson
refused to pay It that then Frisbie said he had
to get another bondsnan, and that Geeson said
the bond was already given that he would go
TO prison before he would give another and that
he went to prison.
THIS concluded the testimony, and the case was
until Thursday next at 10 O'clock to
allow the commissioner to pass on the objections
to admitting testimony in regard to tho fees OF
United States Commissioners, established by
charges The point seems easy enough
to decide II Frlsbie has gone beyond the law III
his charges, custom that III its nature il Illegal.
can be no defense.