The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-01-04
STAR CHAMBER SESSION.
The Accused Denied the Use of
Counsel.
ELEVEN FALSE CERTIFICATES.
Phoenix Proves Them to Be Such.
but Moves Denies That He
Was Responsible.

A telegram was received from Washing
ton yesterday by Customs Inspector
Charles \. Noyes, announcing that his
resignation, rendered some weeks ago. had
been accepted and would take effect on
January 10, 1894 MI Noyes states that
he rendered his resignation in June last,
but was requested to continue in the ser
vice until the trials of persons in Oregon
guilty Of smuggling ana illegally landing
Chinese had been concluded. During the
last two months serious charges against
the integrity OF Mr.. Moves in his official
capacity have been made through the
public press, and for the last six weeks
Special Treasury Agent Phoenix has been
investigating these charges. The investi-
cation and publications of certain alleged
discoveries of Noyes' guilt made from
time TO time have eagendered great deal
of bitterness between the friends of Noyes
ana Phoenix.
The investigation closed yesterday, when
Collector Wise heard the charges against
Moves and his defense. II was confidently
expected, owing 70 the unusual publicity
given the case 10 the newspapers, that an
open investigation would have been held,
so as % give the man whose character was
satisfying the public II he could That he
had been falsely accused.
An Investigation was also desired and
requested by Special Agent Phoenix, who
has been accused Of acting in the matter
from a motive Of spite, although it is not
easy to see what benefit Phoenix would
derive from NOyes' removal.
Collector Wise had the right to invest-
gate Moves with closed doors and he did
so. He had also the right to deny Noyes
the benefit Of counsel at the investigation,
which Moves asked, and he did so, but in
justice to Collector Wise it must be SAID
that in so doing he followed what be con-
sders the precedent esta bliShed by his
predecessors.
The result of the investigation held yes
teTday is necessarily made uD of Scraps
and shavingS gathered here and there from
interested and disinterested parties, and
anything Ike a tull statement OF the
charges against NOyes and his defense is
impossible.
When Collector Wise announced the
time for the investigation had arrived
Special Agent Cullom of Port Townsend
district, who, by the way. asserted posi-
lively day OF two ago that he was not
here to investigate Noyes, and W no yester-
day asserted equally positively that he
was here To make private investigation
Of NOyes and wanted no newspaper men
present, was at the Collector right hand.
Noyes appeared with Lyman |. Mowry as
his counsel and asked that the latter
should be allowed 10 conduct his case.
The Collector denied the request. Then
Special Agent Phoenix asked that the
doors should be opened and The reporters
Of the various papers allowed 10 hear
the testimony. This request was denied,
and then in ar-chamher" session. with
a guard at he outer door Of the Office TO
prevent even the approach of those who
were not witnesses, Collector Wise and
Special Agent Cullom made the actual in
VestlgatlOu.
The charges were again read and we're
= In substance that on eleven certificates as
presented by Special Agent Phoenix, after
Investigation by him, Inspector NOYes had
aided and abetted ;he illegal landing of
eleven Chinese women by reporting thai
lie had seen the Witnesses whose names
were signed TO the certificates aud report
ing that the people seen had acknowledged
their signatures and said they knew the
Chinese women when in truth many of the
signatures were forged, others the names
Of men who never existed and who were
not seen by Moves, although he reported
rs having seen them. Also that signatures
acknowledged to be genuine were asserted
blythe sfguers 10 have been signed TO papers
OF Chinese men and not Chinese women,
photographs having been substituted.
In defense NOyes did not deny that some
of the certificates were false, but alleged
of the Chinese for all that. He contended
mat it out Of 200O or 5000 cases Of Chinese
landed by himself and Inspector PattIsOn
when the Chinese we're coming here at the
rate OF 200 a steamer and three steamers a
month, only eleven cases had been found
where there was fraud, it was a good
showing. He also commended that he had
not personally VestiGated every case, but
had taken the statements of men brought
10 the Cusiom-house or had Sentl out, by
permission of Collector Phelps, others to
investigate the sguers, and reported on
their report. Special Agent Phoenix
proved by affidavits that IN several cases
NoyeS had made the Investigations him.
self and reported men all right who had
never signed the certificates. L. $ Salo-
mar, eX-CollecsAr Phelps, I. ID. Riordan,
i. !. MOwry, ex-Iuspector Pattison, James
h. Graham, J. II. LauglitZ were examined
In Noyes' behalf. out as stated. owing to
the inability TO btain other than eX- parte
statements as to theiI, testimony nothing
positive can be said as 10 what they af-
frmeG or denied.
That Special Agent Phoenix had good
ground for making the charges again ST
Inspector NOyes from the certificates on
which he worked is uDquestioned, and
that Inspector NOyeS or some one in
authority over him was guilty of negli-
gence IN not investigating the particular
cases was likewise shown; but in the ab-
sence Of the testimony offered by NOyes
which It's claimed proves his innocence Of
any intentional wrongdOing and explains
many things that seem TO point TO his
guilt the investigation, so far as the public
IS concerned, might as well not have been
held. The charge that Phoenix was actu-
a'ed in his investigation of Noyes and the
ming of charges against him by spite is
- PROFESSIONALLY untrue. The certificates on
which his charges were based were be-
yOnd question fraudulent.
All Of the testimony was taken in short
hand and will be forwarded 10 Washing
ton by Collector Wise, with his and Spe-
cial Agent Cullom's report
But since Noyes is out of the service,