Evening journal., 1891-10-27
LAST EDITION
MOSES AND BsNIAH.
The FFisby War Case Accusing Much
InteFest An the United statna Court.

opened this morning with Judge Wales
on the bench. District Attorney Watson
recommended that Juror Robert A.
Davis Of West Dover hundred, be ex-
cused, as bis wife was very i'll. The
court granted the request and Mr.. Davis
left for his home. The district attorney
then announced that he had received q let
ter of introduction from U. s. District At
torney Read, stating that @ Austin Veasey
was regular member of the Philadel-
phia bar, and asking that he be admitted
to practice during this term OF this
court he WIS admitted and sworn.
The case of the United States vs..
Noses Frisby was then called and the
following jury was drawn: james Nc
Weigh. Owen j. Hession, Joseph Jeffer-
son. Charles Peirce. David S. Clark.
Edward Farmar, Joseph Petitdemauge
s. II. BaYnBrd, John a. Turner, William
A Cochran John Garrison, William w
Hurdle, David Eckoff
Attorney Watson stated to the jury
that the defendant, Moses FrisbY, had
represented himself TO be the brother Of
James Frisby, late Of Company |, Sixth
Regiment; United States colored troops.
and made an affidavit to that effect
for the purpose Of obtaining arrears
of pay aud bounty due james
Frisby or his heirs that Ii would be
proven that the affidavit was fraudulent
and that Moses Frisby was an impostor
that James Frisby who served in Com
pany l, was the son of Andrew Frisby of
this city, who had no son named or called
Moses, In making such an
affidavit, he continued the
defendants had violated directly Section
5.438 of the revised statutes of the
United States. which makes it felony
the lightest punishment for which Is Eve
years imprisOn nent and 81 900 fine.
The drst witness for the prosecution
was Charles H. McWhorter, clerk OF the
Orphans Court. He testified that the
defendant had appeared at his Office and
signed the affidavit that he was the
brother Of James Frisby, late of Com
pany !, Sixth Regiment, United States
colored itrcops
Mary Eliza Harris swore that she ives
the daughter of Andrew Frisby, and lived
at No. 4lS South Twelfth street, Phila-
delphia Andrew was the father of
James FrisbY. who was the FIRST son of
his fourth wife. She was the sixth
daughter of She second wife and there
were three children by his third wife
She knew all OF her brothers and sisters,
and James Was known by no other name
Andrew Frisby testified that he was
about 20 years old and most of his life
had been spent in the service
sf the family of Ex-Governor
John Z P. Cochran of Mi Q.
town, but now lived in Wilmington.
he was the father Of James Frisby, who
served in the war, was wounded. and
died in Wilmington. N. @. James was
the last child Of his first wife aud he
was never known or called by any other
name
Benjam Holt Of No. 207 East Four
teenth street, this city, who wore his
hair in short plaits and looked to be
about as old as FatherTime, next testified.
His evidence was that he knew Andrew
Frisby and the whole Wilmington Frisby
family. He. with James Frisby, enlisted
in Company I.Sixth Regiment, on August
3, 1868. Be thought that James enlisted
under his proper name. Went
ttaaEE22ggh the uqpti they
James was wounded and subsequently,
died in the hospital at Wilmington. N.
Q. Had seen James a short time before
he died Was positive that James was
the son Of Andrew Frlshey, Of Winning
ton, and that there was no other Frisby
in his company at that time. James
cerrob rated thls witness.
William Watson Of Polktown, near
Delaware City, took the stand and swore
that he knew Andrew Frisby and James
his son, and that he enlisted with the
latter in Company l. While he was a
member of the company there was no
other Frisby In the company He did
not know every man personally, but was
there at roll-call each dav, and never
heard the name called This witness
afforded great amusement for every
body, from the time he began IN
til he ended, thirty minutes after ward
He seemed det mined to make a
speech every time the defendants coun-
sci asked question. he used the ex-
pressions Dat l know" and "Dis
know frequently, and such words as
'signative," ''reconcise" and ssexpress.
til" more than once escaped his Inns
Even the court was forced to laugh at
the mans actions and quaint speaking.
Julia Frisby. young and neat Hooking
colored womsn, the third wife
Of Andrew, swore to Andrew
identity and his family. The
district attorney presented a number Of
official documents signed by Charles M.
Foster, Secretary of the Treasury, attest
ing that the amount Of arrears in pay and
bounty due James Frisby was 1924 81.
The prosecution then rested
For the defence, Mr.. Veasey stated to
the jury that he would prove that Noses
Frisby was no impostor, that he is Justly
entitled to what he applied for.
that James Frisby and he were the only
children Of John Frisby, ana went
through the war together until James
was wounded and died.
The bits Of war history that had
already been reclted were made more in
teresting by the testimony for the de-
Tense. Moses took the stand first,
and then began a succession of
'tilts" between he and the dis
trict attorney. The brows OF the
learned lawyer were frequently drawn
into dark frown when Moses did not
answer to suit him and his efforts TO ex-
cite his inky witness proved fruitless,
Moses would not excite and met the
sharp questions with ready and con
elusive answers
He swore that be and his brother
James were born in the forest somewhere
between Middletown and Dover, but be-
foae he was six months old they removed
to Salem county, N. where he was
raised. he and his brother entered the
army at Camp William Penn. near
Philadelphia. he entered Company G of
the Sixth Regiment as "Arohie Cole
having become too intimate with girl
TO enlist under his own name. His
brother entered as James Frisby,