The San Francisco call., 1901-11-13
P|LLSbURY HAS
MOVES IN HAND
Cross : Examination of
Chief Witness Is in
Progress.
Anxious Curiae Begins Sharp
lnterrogatory Fire Against
the Judge.

Judge Arthur H. Noyes, who once ran
a court at Nome, is now in the hands OF
Anxious Curiae Pillsbury. The direct ex-
animation has been concluded and the
cross f1re has begun.
The witness starts out well in the
morning, but rs the hours go by the hot
atmosphere of the courtroom and the
constant mental concentration upon the
questions develop an lrrltability which
is plain and outstanding during the latter
part OF the afternoon proceedings. Under
dlrect examination Noyes was placable
and mild. When the cross questioning
was begun he became sarcastic IN his an
sWers and at times gave vent to his feel
1ngs in terSe epigrams.
When the Crowley espionage episode
was mentioned the Judge looked at At
torney MetSon and said: I'm some things
am as brave as Metson. Oh, yes, 1 can
be even as brave. as Cyclops." In refer
ring to clients and attorneys in the Nome
country the witness said: ITO his attor-
ney, the client is never a claim jumper;
ne is relocator." AS an excuse for him
self he interpolated into his testimony:
Il was new Judge in a new country un-
der new CODE" Here and there in the
testimony are interspersed bits of phil
osophy and wise rules of daily conduct
Plllsbury's cross-examination is minute
and particular. He is questioning the
Judge on all facts leading up to the COM
tails surrounding it. Noyes was always
on his guard, weighing his answers care
fully. The amicus curiae is not half
1iIHSHSU WIFI IllIn yet. occasionally ldpSSS
of memory-that impregnable fort for
Wltnesses-are resorted to, but usually
the denial comes from the witness when
ever material fact is in point.
On the Receiverships.
Pillsbury reached the receivership uue,-
"About what time were the applications
made for the receiverships?" he asked
Some time in the afternoon of Mon-
day July 25," responded the witness.
did you recognize the name of the
plaintiff, Mr.. Chipps?''
He went up with you on the Senator,
did he not?"
"Yes sir"
Judge Noyes said he merely. made
that he had no talk with any one in re-
gard to receiverships.
Did you have any idea when you ar
rived in Nome what McKenzie's business
was?" continued the cross-eXaminer.
"Only that he had some gold pumping
scheme" was the ready reply.
Then IN you heard heard nothing of the suits
mo, sir"
How many cases were there?"
about four or five
'Were there complaints in all the cases
and did you ever hear of the location of
II might have heard Anvil Creek men
toned in Minneapolis"
You knew from the aff1davits that the
bond in each case at $5OOO?'
Yes
ION what investigation did you fix the
bond?"
Variety of reasons; that it would be
a temporary affair, and that matters
would soon be settled
Then the amicus curiae angled with the
witness. Up and down stream he played
with him on the insuff1ciency of the $500
bond for property which was producing
$4,000 day. Following this line of ques-
tions Pillsbury took up the orders issued
by Judge Noyes in regard to the personal
Propsrty n WITH b the the Anv g
order to Judge johnson and Mr.. Metson
to allow the defendants the use of their
personal property.
did you ever set aside that order?"
Il don't think it was ever practically
carried out was the answer, .o,
81 don't know
when you appointed Mckenzie. re-
ceiver did you go by the Alaska code or
by your general knowledge?"
about half and half"
When Pillsbury secured the admission,
81 am new Judge, in new country and
question:
Did it not occur to you to move mod
erately and apprehensively. then. in the
not occur to you that the appointment Of
a receiver was drastic measure?
1T did not. 1 thought there would be
sponded the witness.
Noyes Shes at a Question
did you ever hear of Mckenzie hav-
ing his teams hitched up ready to go to
the mines as soon as the orders were
signed,
was it a surprise to you that McKen-
Zie took possession the same night after
the order was signed?'
Judge Noyes SHE'D at the question, but
answered by saying that it was light all
the time then and night was as you made
it. Then came review of the arguments
for the appeals in which Knight was Spe
cially interested. This led up to the writs
of supersedeas.
one else about the writ of supersedeas on
September 1872 interrogated the amicus
curiae.
perhaps with Major Van Orsdale and
Captain French said Judge .Noyes.
'On Sunday, the 16th?"
With Geary, and I'm sure Mckenzie
called
WAS the effect of the writ discussed?"
'I told MCKENZIE L should conform
strictly to the requirements of the writ;
1 never stated the writs We're void. 1
thought that when the writs arrived my
hands were tied in all the proceedings. 1
didn't advise Mckenzie concerning the
writs of supersedeas because l did not
know myself just what to do"
when the deputy marshals arrived in
Nome, October Is. what time did you
bury in cross-examination.
After the adjournment of court at
noon In Geary's office on the same day
the writ of habeas corpus was presented
and denied came from the witness.
do you regard Mckenzie as a man of
honor and integrity"
''He was so considered in the Dakotas"
do you still think SOP"
ST do"
did you borrow any money from any
one in Nome?'
From Jake Linderberg-about $780,
did you have any mining ventures in
Nome?'
"a one-third interest in a claim with
Borchsenius and Lnderberg.''
The fact that Mckenzie and Noyes went