Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-10-29
TWO JAMES FRIsBYs.
The Curious Defence In Case Befot
the United States Court.

Tho Curious Defence In Case Before |
the United States Court.
At United States court Tuesday morn
ing the whole forenoon session was
occupied with the case Of Moses Frisby, |
colored, charged with fraudulent appli-
cation for allowances, arrears of pay,
&C., on account of an alleged brother,
James Frisby, deceased.
District Attorney Beniah Watson pro-
duced testimony that there was but one
James Frisby in Company /, Sixth
Colored Regiment, in which the claim
is that both men enlisted. Moses was
represented by J. Austin Veasey of the
Philadelphia bar.
The prisoner testified for himself. He
showed that he had brother named
James Frisby enlisted in Co. l, Sixth
Regiment. This was proved by the
woman who nursed Moses Frisby.
Moses gave full story of his war
record and Of his brothers. The conten-
ton of the defence was to the effect that
there were two James Frisbys in the
same company and that the one the dis
trict attorney was talking about was not
the one that. the defendant, Mosas
Frisby, claimed for his brother.
A large number of witnesses, includ-
ing three generations of Frisbys were
produced by the government, also mem,
bers of Co. I, some of whom asserted
there was only one James Frisby. IL
was admitted by the government wit
nesses that man whose nickname was
| Bowser was member OF the company.
The defence claimed that James Frisoy
No. 2 was in reality James Bowser
| F'risby.
Court adjourned until 100 p. m.
At Tuesday afternoons session of
| the United States court Mr.. Beasley,
counsel for the defence in the Frisby
case, resumed his address to the jury.
He dwelt on the allegation implying the
existence of two James Frisbys, and
that James, the son of Andrew Frisby,
| died after the war, while the other
James, the brother of the defendant,
died in 1864. District Attorney Beniah
Watson then took UP the case for the
government. He indicated with weighty
emphasis the yaluelessness of Moses
Frisby's assertions on the witness stand
in that they actually contradicted his
previous sworn allegation. The prose-
cutting officer also reminded the jury
that the defendant had asked old An
drew Frisby, father of the man, whom
the defendant said was not his brother,
to sign paper stating the very opposite,
namely, that Andrew Frisby was his
father. Other contradictory evidence
was demonstrated.
Judge Wales went carefully over the
testimony reciting Its salient points and
indicating certain conflicting testimony
in the evidence. He told the jury there
were no points Of law involved, that the
facts were all they had to do with and
they were to be the judges of the case
The case was then given to the jury
Ats o'clock they had not made up theii
verdict
THE HARRINGTON CASE.
The next case called was that Of the
United States VS.. Hezekiah Harrington
highly respected merchant of Harring
ton, Kent county.
Mr.. Harrington was charged with
violation of the pension laws In detain
ing the pension papers of man named
Matthew Goslin. Mr.. Harrington
through his counsel, George Massey
Jones, pleaded guilty to having received
a pledge of pension certificates from
Goslin. The story is peculiar one
, and shows that the defendant was onl.
! technically guilty He had not tn
slightest intention Of fraud, and, il
! fact, was ignorant Of the law he wa
| transgressing.
: 1t seems that last July, MATTHEW
Goslin, an old pensioner came to hi
store in Harrington and asked for goods
. He was in a condition of extrem
, poverty and begged Mr.. Harrington t.
aid him. This was done, and eve
4 additionally, to the extent of the store
i keeper lending the old man $40 in cash
making the whole debt, goods an
money $20.9S. At Goslin's request MI
Harrington went to the post-office wit
!. him, where the pensioner asked Post
/. master Shaw to put his papers in bo
: for Mr.. Harrington as pledge agains
: the debt. This was done. And therei
i lay the whole of Mr.. Harrington's vi
|. conscious transgression of the pensions
V act.
4 The statement was corroborated b
q Postmaster Samuel i. Shaw of Harrine
+. ton.
i dosLIN ARRESTED IN COURT.
a Meanwhile, during the prosecution {
+ the case, a curious incident had occurre
$, in the arrest of Goslin himself by Unite
e States Marshal Mahaffy on simils
o count, namely, of being party to til
l. passing OF pension certificates as pledge
Ii Mr.. Watson introduced letters I'll
10 value of which was to prove that M
Ia Harrington had refused to surrendt
il Goslin's papers until he had heard frol
Marshal Mahaffy.
1T In deciding on the case Judge Wall
l. referred to the fact that the defendal
If had pleaded guilty and that his palli
h ton seemed TO be his ignorance of Il
il law. The court referred to the fact TIN
1t Mr.. Harrington had not asked Gosl
for the pledge. AS far as the defendal
N was concerned it was simply technic
10 offence But the law was enacted to pr
ST tect pensioners. The court was Statistic
w that the defendant had no intention
" disobeying the law. A light fine of s
ie and costs was imposed.
ID The jury in the Frisby case appear,
lie at $50 and announced verdict
ID guilty according to the Indictment.
lg At the court session yesterday NOR
st ing, Robert Cassidy and John Harki
t. were arraigned on the charge of passii
al counterfeit money. The following ju
1t. was empanclled: Theo. Manor, Day
ur S. Clark, George W. Gray, William \
be Hurdle, Joseph Petitdemange, S.
ie Baynard, Elias N. Moore, w. V. Sippl
~ Horace Sudler, John Garrison, Villa
C. A. Cochran, David Eckoff. Two nam
were challenged by the prosecuting OF
lis Ger, f. B. Frazer and Edward Frazer.
IN The first witness called by Distri
In Attorney Beniah Watson was Geor
On w. Beeson, a lad Of IS, who testified
90 the fact of receiving the coin fro
er Cassidy. He identified the prisone
and added that before he had time