The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1901-11-09
FROST IS At TER
LAWYER NELSON
Says Detective Carson
Played Into His
Hands.
Attorneys Wrangle Before
Circuit Court Of
Appeals.

Nome contempt cases before Commits
sioner Heacock. has figured in vari-
Gus capacities since he visited the Nome
country. First lie became renowned as a
gun tighter, then as captain of detec-
tives Now comes young fiery Mr.. Frost
and with sorrow in his heart says that
he was told by one Carson that Nelson
bore the reputation in California as a
jury f1Xer.
This Frost gave as testimony following
Nelson's declarations against him. Frost
was all in fume as he told how Carson,
the detective employed by Nelson and
subsequently taken into his own service,
represented two different conditions OF
things. Frost iasinuated that Nelson was
the deluded one, and that Frost was too
wise to give credence to the prepOsterouS
statements of Carson.
Nelson smiled at this testimony of the
special examiner, and Pillsbury was anX-
ious for the cross-examination to begin.
He is now fairly started, and when the
morning session is finished to-day Frost
will have passed through an ordeal. Met
son announced his unequivocal antipathy
TO c. A. S. Frost on Thursday. The bat
tie is now between the gun fighter"
chief of detectives and attorney, William
H. Metson, and c. A. S. Frost.
The proceedings of yesterday before
Judge Heacock were divided between tor
rid arguments tefore the Circuit Court OF
Appeals and the taking of Nelson's AMI
Frost's testimony before COMMISSIONS.
Heacock. Judge Noyes may go on the
stand this morning.
Go Before the Court.
The warmest tilt between the attorneys
occurred yesterday morning and the
three Judges of the Circuit Court of APP
pealS were present at the hearing. The
examination was proceeding slowly when
word was sent to Judge Mclaughlin that
the Circuit Court of Appeals desired hi,
presence. Attorneys and all filed out Of
han
the fun began.
The Circuit Court of Appeals desired II
know when the testimony taking would
come to an end. Judge Mclaughlin coul
not nix date, and stated his many rea-
sons for the slow pace at which the pro-
ceedings were moving. Then Mr.. Pills
his statement. He cited the record as his
support in the charge that the respond
ents attorneys wasted oceans of time,
and that the reason the case was drag
ging so painfully was of this wearisome
disregard of expeditions examination.
When Plllsbuiy sat down Mclaughlin
was on his feet. He was bristling VITA
anger
IF this is intended as a lecture" he
said, Il shall tell Mr.. Pillsbury now, ana
with all due respect to the court, that his
language is certainly offensive. He says
he is entirely disinterested in this case.
If he is the record will not bear him out.
His manner and actions show more than
a duty to the court. He has been over
Jealous in this case and the record will
show this
After Mclaughlin had finished Pills
bury called attention to 500 or more pages
of needless objections, which he would
move to have taxed a S costs upon the re-
spondents. The heads of Judges Hawley
Gilbert and Morrow came together, and
they ordered the attorneys to expedite
the taking of testimony and inform the
court Monday morning when they would
be ready for a hearing
Nelson on the Old Road
The first questions of the morning pro-
ceedings were directed by the amicus Gu
riae in the cross-exanlination of Nelson
to the diversion of gold dust by McKen-
zie. Try as they would, Nelson and his
coworkers could secure nothing from
Judge Noyes in the way of orders
'Mckenzie could and did get everything
possible for US to get a ruling antagonis-
tic to Mckenzie. Mckenzie was part
owner in 500 and more claims, most of
them by jumpers title"
On redirect examination, Judge Nc
Laughlin asked:
DO you make a charge that Mckenzie
tried to steal the $4,000 that you claim he
diyerted?"
at told Alexander Mckenzie to his
teeth" answered the witness, that he
went up there and tried to steal the whole
country. 1 say yes under the guise of
the law"
Later on Judge Mclaughlin asked:
did you ever offer or cause to be OF
fered any money to Judge Noyes?'
mo, SIR, said Metson decisively.
Mclaughlin then carried Nelson over
much of the ground that has been plowed
and narrowed again and again. Nelson's
story was as firmly sven as on the for
mer occasion when he took the stand.
The conclusion of the examination of
the witness by Judge Mclaughlin was
directed toward the interest of Nelson in
the issuance of the. writs. Pillsbury had
asked the witness for all possible assist
ance in the securing of testimony and it
was joyfully, willingly given.
Frost Is Very Warm.
After Metson came Frost. Attorney
Heney took the helm. His first request
to the witness was for a statement of
facts about Carson's report.
Il am anxious, now that Mr.. Nelson
has brought up the matter of these re-
ports, to tell all about them,' said Frost.
He then retold the story of the rumors
about jury corruption, and declared that
this was the reason for the employment
of detectives. Frost said that Carson
fooled Metson Just the same as he did
himself. The witness said
MIR. Carson came to me soon after he
was employed by me and said Metson was
an alleged lawyer; that he fixed juries,
and that is what he did in California I
at the bottom of it. told him to pursue
his own methods. A little while after he
told me Metson wanted to employ him
in the jury business and by accepting the
nation. He reported from time to time
that Nelson had men employed to inquire
about the men who were to go on the
jury to see who could be used. My effort
was to discover persons who attempted
to bride jurors. / never interested my
self in any way in any of the cases.
"Why did you refrain from stating this
the other day?". Intercepted Heney.
''Mr. Heney, there has been much black
ening Of character on hearsay in this
case" said Frost. land I never would
have told this if Metson had not taken
Carsons word as truth. I wish Carson
could be brought here"
The witness kept no copies of the re-
ports, but placed them in tin box in the
District Attorneys office.
Attorneys at War.
Then Anxious Curiae Pillsbury took I'D
the DISCRIMINATION. He wanted 10
know when and with whom Frost COM
municated about the reports of the de-
tectives. Frost was about to explain.
when Pillsbury held him to his question.
Judge Mclaughlin jumped in and said the
witness had right to explain. The ami
Gus curiae thought this was unprofes-
sional-the interruption-and he told Nc
LaUghlin so.
Now, Mr.. Pillsbury, I don't profess to
have you lecture me on what is what and
what is not PROFESSIONAL shouted Nc
Laughlin looking savagely at the amicus
curiae, and l warn you now to put an
end to it,
s'Wjtness answer the o,1estion ,, so.d