The San Francisco call., 1901-10-25

Iect the law or Congress abol1Sh1ng the
canteen he will leave the question Of re-
suits to Congress without comment from
himself Miles may now denounce the
canteen, which he was in a measure re-
sponsible for, but he will not by so doing
raise an issue with the Secretary Of War.
@ !: j: !: !. : o
that William D. Cameron was appointed
receiver at the instigation of Mckenzie
and M. L. Mccormack, who was the SUI
per1ntendent of the mines really, acted in
The TopkGk mines mines etII Yielded much 1Seid. gold.
so far the term of the receivership shows
an output OF $26,000, but the attorneys for
the M original locators think some 100000 or
$3.50 900 in gold has been extracted from
the mine.
Tale Of Poet Dunham.
Sam Durham, special agent in the CEN
sus office in Alaska, was next called to
the stand. He was the original locator ot
the four beach claims of the Topkuk
properties.
Judge Noyes?" said Pillsbury.
When Judge Noyes arrived" an
sWered Durham, Il saw him to seek adj
vice on having the jumpers removed from
the Topkuk mines. -Four of the locators
banded in company, and we had the
jumpers removed through military pro-
cess. When these guards were removed
the jumpers came back on the claims.
That was the condition of affairs when
Judge NOyes arrived.
Captain Hansen, who had Keokuk
claims. and myself went to see Judge
Noyes at his rooms. We met Archie
Wheeler, his private secretary. Wheeler
Would see @ that att things s would &c be righted In In
a day. l told him fee Of $500 would Do
enough, as these men were treSpasSerS.
Wheeler afterward said, when he had re-
had gone for few minutes, that we
should divide the property in ten parts.
We then went out
did you see any contract in this case
after that?'
II saw pencil draft between Captain
Hansen and Archie Wheeler. 1t was a
Company and Mr.. Wheeler for a one
eighth interest, Wheeler to act as attor-
ney."
The witness continued to recite facts
of the claim-jumping.
At this point Attorney Keney. wanted
to know the direction Of Pillsburys $
steering; and he soon found out. The
amicus curiae replied:
''We will show that Mckenzie became
interested in the property, secured the re-
Geivership for Cameron and, through Nc
Wheeler, worked the conspiracy.
Here the morning session ended, and
Sam c. Durham, claim locator, poet and
census agent, went to lunch. He opened
the afternoon session.
Pillsbury States His Theory.
1.-The referee in his report said that TO-
900 square feet were worked and that 1t
averaged IS a square foot. We were neve:
allowed to watch the clean-ups The re-
ceiver said so long representatives OF
jumpers were not present we could not
have one, we never could hnd out Just
how much was taken out in the clean
ups s .,,u o,o, u,oa - ,,,.
like manner?" said Pillsbury.
r1nt
Then followed an objection from Nc
Laughlin, which provoked the following
"My theory is that Mckenzie used Judge
Noyes as an instrument to carry out his
purpose. I believe he was appointed on
July 29. When the facts came before
theory is that he acted deliberately to
obstruct the course Of justice, and the
TopKuk business illustrates it,"
Further argument followed and then
Mclaughlin took the witness.
''You published something in regard to
the transactions at Nome. did you. not,
ton?"
'Yes, sir" said Dunham.
.''Thats ALL" was McLaughlin's end to
this cross-examination.
Samuel Knight was called back to the
witness chair. Attorney Pillsbury ques-
toned Knight as to his knowledge of the
act of June g. 1900, which made the ap-
pointment of a receivership by a district
court an dpp6dlaDIo OrQer. 1t was Tie III
tention Of the amicus curiae to show that
Judge Noyes knew of this law before the
writs of supersedeas arrived and during
those times when the court refused ap-
pealS to be taken from his orders OF re-
ceiverships.
Did you get your property all back
from the receiver" was the next ques-
ton.
1--WE were short just s9OOO which we
did not receive until after Mckenzie was
arrested" responded Knight.
In reference to the Geary contempt,
the amicus curiae offered the testimony of
Thomas Geary, taken in the Mckenzie
contempt case. There was no objection.
John A. Lekeley. and John F. Mercer
not yet arrived and Pillsbury offered two
aft1davits, but the attorneys for the re-
pondents objected. The affidavits went in
just the same.
Metson and the Orders.
AS the respondents attorneys had not
finished with William H. Metson, he was
placed upon the stand for further cross
examination. The first question asked
was in respect to the two orders found by
Metson not to have been filed and Nc
Laughlin wanted to know if similar or
ders had not been filed in the other cases.
Metson said he did not know.
The cross-examination concluded with
an inquiry into Nelson's state Of feeling
toward Judge Noyes.
Mr.. Metson, is it not true you have
taken a great deal Of interest in the prose-
cution of Judge Noyes?" queried Nc
Laughlin.
..Yes, sir" was the positive reply.
Your feelings for Judge Noyes are far
from friendly?"
'"They are.''
Have you spent much money in this
case, l don't mean in a legitimate way.
Mr MetsonY was softly, tenderly asked
by Mclaughlin.
son. '
In the reorganization Matson +esttAed
that before the trouble in Nome he and
Judge Noyes were on such social terms
as lawyer and court ordinarily are in a
community, like Nome and that he had
others. ~
What did Judge Noyes do about the
pencil markings on the orders when you
Pillsbury.
Nothing that know Of" said Met