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

| an1S lelter anu stating that at the time
of its presentation Frost ordered and
directed him to sweal. in posse COM
itatus for the purpose of preventing the
execution and enforcement of the above
mentioned writs of supersedeas Upon
this affidavit the circuit court of ap-
peals issued ana order commanding
Frost to appear and show cause why
he should not stand committed for con-
tempt of court in violating the writs
of supersedeas in the manner stated.
MI. Frcst appeared and answered all
the allegations OF the affidavit under
oath. He asserts that the letter of
September % was written by him un-
der the following circumstances: That
at the time there was great excitement
among the people in Nome, growing
out of the receipt of these writs of sup
elsedeas; that it was believed there
would be bloodshed and that the bank
would be broken open and robbed; and
that the said marshal called his atten-
ton to the existing state of facts
Thereupon, for the guidance of the
marshal in case he should need such
assistance, respondent wrote and
handed him the letter in question. He
denied absolutely the language imputed
to him in the affidavit and denied that
he had any intention of preventing the
enforcement of the writs or that any
attempt was being made to prevent
their enforcement. Vawter himself
subsequently testified that he consid-
cred the language he had spoken of
nonsense; that he had paid no atten-
tion to it; and that it did not influence
his action in the least. The circuit
court of appeals referred the matter to
a commissioner, with power only to
take testimony. A vast amount of
testimony, relavant and irrelevant, was
returned to the court; the case was
heard. judgment rendered against
Frost for contempt. and he was SEN
fenced to imprisonment in the Alame-
da county Jail for the term of one year.
The circumstances out of which the
proceedings against Frost arose have
been fully laid before the president by
me heretofore. The above summary
shows the only connection he had with
the writs of supersedeas None other
was charged and none other is disclosed
in the testimony taken by the court OF
in anything before this department.
Two petitions for pardon are laid be-
fore the president from citizens of the
state of New York Mr.. Frost is ma
tive of that state and was appointed in
March, 1895, from there as clerk in
this department
The first petition comes from Pulaski.
where this young man was born and
had lived all his life. The signers are
among the most reputable and influen-
tial inhabitants of that town are
vouched for by the ablest and best
known public men in the state. The
other is signed by the following: James
y, A. Otterson. Thomas D. Lewis, Thomas
NJ. Costello, J. D. Feeter. Elon R..
Brown, George A. Willard, R. Mulby,
D. Y Prime. w. D. Barnes.
In each petition is stated the follow
ing ground: That the basis of Mr.
Frost's conviction is letter which
was written by him in the regular per-
formance of his official duties as the
agent of the department of justice at
Nome, Alaska. and that said letter was
written for a proper and innocent pur-
pose and with no other or different in
tent than the plain. unequivocal prop
Ell and ordinary one which it bears up
on its face.
The files of the department show
that Mr.. Frost had resigned his position
as special examiner to accept the as
sistant district attorneyship at Nome,
the resignation to take effect on this
very September -. He was busy at
the time closing up the affairs of his
office. He had previously had various
conversations with Vawter and corre-
spondence with the department about
the employment of extra deputies and
their compensation, had endorsed Vaw-
ter's requests and had himself urged
the propriety of appointing additional
force under the marshal's control for
police purposes. These applications
had all been refused by the department;
this is the record here.
Taking into consideration these facts
and the broad scope of his Instructions;
and in view of all the testimony before
the court and a large, amount before
me, which has been fully briefed for
i Your information; and also Frost's ex-
/ planation and absolute denial of the
imputed language, l am clearly of
the opinion that it is not unreasonable
to doubt that Mr.. Frost had, in writing
II and signing this 1efter in an official