The San Francisco call., 1901-10-29

if he could find it-and have it decide
whether it should go into the record or
not Pillsbury declared that he was
East when the letter arrived, II 1t ever
recollection of seeing it at any time. The
judicial whisper was passed again and
the amicus curiae was. requested to
favor the court with the letter
Argument three was next heard. Judge
Mclaughlin, who has been Ill during the
last few days. was on hand to fight this
battle. He said that owing to the char
acter of the testimony that had been
read and entered In the record he wished
the court to designate just which por-
tions should be met, and he asked for
PillSbury and Heney came into this con-
flict of words and so did Judge Mcguire,
who begged of the court to decide the
Geary contempt at once as all the evil
dence was taken on this case. The court
told eguire he was one of many, and
that he should wait until all the testi-
mony was inscribed for their judicial
cognizance. Judge Mclaughlin was given
until to-day at IL o'clock to present his
arguments for continuance.
Meeting in Geary's Office.
Deputy Marshal Burnham, who served
the writs on Mckenzie, took the stand
at the opening of the morning session.
Kenzie in Geary's rooms after the arrest.
He left Mckenzie in Geary's offices and
saw Noyes in the rooms. Thomas j..
Geary was put upon the stand when
Burnham had finished his story. Geary
said:
Mr. Burnham is mistaken as to Judge Noyes
visiting Mckenzie while / was in the office.
Noyes came into my room from the main office
and Mckenzie was not there. l know that
they did not meet for when l presented the
petition to Judge Moves he asked II me e. If he he
should not on account of the state of mind Nc
KenZie was then in. e So
William Britt was called and testified
that he was standing on the street oppo-
site Geary's office on the, day of Mcken-
zie's arrest in company with w. H. Met
son and Thomas j. Healy. One of the
party looked up at Geary,s rooms and
saw Judge Noyes talking with McKen-
.zie. s,eE
William H. Metson corroborated Britt s
testimony.
Britt on the Stand.
The amicus curiae took Britt IN hand
and the following examina ton resulted
II will ask you to state whether on that
day you remember the circumstance of
Mr.. Mckenzie being arrested was asked
of the witness. 20 80
YES, sir =. was the reply. So -.
mean on the day Of his arrest sta te
whether or not you saw Judge Noyes@and
Mr. Mckenzie together in any room OF
Mr.. Gearys on that day; If so, about
what timer
well, recollect 1 was coming along
the street and l met Mr.. Metson and Mr..
walk % across s the Met street 9 from Mr.. Geary' W
offices, and one of them called me and
said, There is Judge Noyes up in Geary' S
office with MCKENZIE l looked UP and
saw Judge Noyes and Mckenzie there to-
gether in that room. Then Mr.. Metson
or Mr.. Healy, / am not certain which,
suggested that | go over and interview
him."
Interview whom?"
Interview Mckenzie. So 1 chatted with
them for a while and then L went upstairs
into the office. There were several people
there, and the door of the room where
saw Mr.. Mckenzie and Judge Noyes was
open, but / did not see Judge Noyes when
1 went up there this time 1 only saw
Mckenzie: L got flash of him passing
the door,
did you speak with him?"
mo, sir: did not
Heney Wants to Know.
Then began the cross-examination by
Heney, which worked along lines leading
up to his final imagined coup de grace
Continuing the cross-questioning Heney
asked:
Are you working on a newspaper"
Eyes, SIR the witness replied.
What paper?''
1.-The San Francisco CALI
"Did you write the article that appeared
in this mornings Call about the proceed
ings at Nome under Judge WickershaIn?
"I decline to answer that question"
81 insist that the witness should an