Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-05-26

tirely inconsistent with personal and
official integrity, and because of this
report VaWter was compelled to resign
the office of U. S. marshal. 1t is thus
evident that the credibility of Vawter's
account of Frost's statements to him.
denied by Frost, and clearly shown be-
fore me to be unsupported, is essen
italy weakened, if not overthrown, be-
cause of the interested motive for retail
iation thus caused.
In any event, the punishment i'm
posed is excessive and unusual. Be
fore citation to Frost, Mckenzie. who
had disobeyed the writs. had been
tried, convicted. sentenced to two i'm
prisonments of six months each. and
pardcned. Citations had been issued
to- Judge Noyes and Wood and others
charged with obstructing this process,
and all were convicted but one. the
lawyer who counseled disobedience.
The sentence of imprisonment in the
other cases were from four to six
months. Frost, was unquestionably
the least implicated of any, received
much the severest- punishment He
has already suffered two months in
prison, which would seem to be Sc
we're punishment fer an offense of this
character. if it had been committed.
In addition to what l have said
above, and intimate connection with it,
! | beg leave to refer to the strong tes-
timonials of Mr.. Frost's character ex-
tending from youth up to the very
time of these occurrences at Nome.
There is a great deal of this testi-
mony from the most reliable sources.
1t is evidently not perfunctory. but
earnest and sincere. 1t comes from
those who have known this young man
at his home, during his studies and
struggles, and during the time of his
service at Washington. I have had
this summarized and submit it here
with for your information
l have thus entered into detail on
this point because, with the charge
resting upon the ex parte testimony Of
VaWter, moved by unworthy personal
animus, and without, in my opinion.
any corroboration, the uniform good
record and high character displayed in
MT. Frost's previous life become per-
t1nent and material in regard to the
relative credibility between him and
VaWter. and are properly to be consid-
cred in mitigation of a punishment al
ready endured for some time. and as
strengthening the high probability that
he acted without wilful and criminal
intent.
Mr.. Frost was appointed in March.
1898. copyist in this department. On
account of his ability and good quail
ties he was from time to time intrusted
with various responsible and important
duties. His co-workers in this depart
ment, without a single exception, bear
testimony to his strict integrity, cor
rectness of department., laborious an
pllcation to business, and full qualifica-
tions for the performance of the duties
Imposed upon him. This testimony
has been given to me with great earn
estness.
| 1t seems to me that a young man of
his conscientious and sober character,
peculiarly trained to be law-abiding
citizen and government officer by his
experience in this department. would
not suddenly have abandoned his nat
ural and acquired principles and will
fully defed judicial orders, the weight
and solemnity of which such a man
would be quick to recognize.
In view of all the facts and cireum-
| stances hereinbefore set out l am of
the opinion that the petitioner should
be pardoned, and so recommend.
P. G. KNOX.
Attorney General.