The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-10-25
SAYS MOVES WAS
IN CONSPIRACY
He and Others Planned to Secure
Nome Mines.
THOSE WHoWERE IMPLICATED
USED HIS POSITION AS JUICE
TO FURTHER HIS ENDS.

San Francisco. Oct. 24.-In the Nome
contempt case investigation before
United States Commissioner HeacOck
today Attorney L. S. Pillsbury. in his
capacity of "amicus curiae," made the
direct charge that conspiracy existed
between United States District Judge
Noyes and others to obtain possession
of a number of mines near Nome.
Samuel Durham. the original locator
Of the Topkuk mines, was on the stand.
He testified that in May, 1900, after the
Topkuk mines had been jumped by
about $50 men, he had q conversation
with Judge Noyes relative TO proceed
ings in ejectment, which he desired the
United States attorney to begin. Con-
tinuing Durham said:
Judge Noyes told me that Archie X.
Wheeler, young man who he had
taken to Nome to serve as his private
secretary, was a very efficient attorney
and was going to resign his position
and hang out his single as an attOr-
ney- Judge Noyes recommended the
young man, who told me that he could
obtain possession of the claims in less
than forty-eight hours. l was with
Captain Anderson and we talked with
Mr. Wheeler. who said he would take
the case for half interest in the prop
erty, as had been done in a previous
case 1 remarked that the considera-
ton was eXOrbitant, whereupOn he
agreed to take one-eighth interest"
Will Show Conspiracy.
The witness told Of seeing a pencil
draught of the contract which had been
entered into by Captain Anderson on
behalf of the owners of the mine and
when Attorney Heney Interrupted by
asking Attorney Pillsbury just who
Mr.. Pillsbury hoped to connect with
the alleged conspiracy. Mr.. Pillsbury
answered:
BY the testimony of this witness I
intend showing that Archie Wheeler
got into the case through Judge Noyes;
that Alexander Mckenzie, by his in
fiuence with the court, was appointed
receiver for the mines; that Judge
Noyes, Alexander Mckenzie, r. L.
Stevens, Archie Wheeler and others
were engaged in conspiracy to obtain
this valuable property"
Who are the others?' asked Attor-
ney Heney.
That" replied Mr.. PiIlsbury. with a
smile, will come out later"
c. S. Johnson. a former United
States attorney and judge of Alaska,
testified to calling on Judge Noyes and
requesting him to sign a bill of ex-
ceptions to a decision which was adj
verse TO the claimants, whom he rep
resented, and also fix a bond.
After we discussed the matter,
said the witness, Judge Noyes refused
to either sign the bill of exceptions
nor would he fix a bond. 1 told Judge
NoyeS that we could give a bond
an Ounting to 100000. but the judge
said he would not remove Mckenzie as
receiver of the mines or deprive Nc
KenZie of any power whatever
Noyes' Name Banded With.
on another occasion Johnson said;
81 told Judge Noyes that a deep con-
sriracy existed to obtain possession Of
the mines; that Mckenzie had OBJ
tanned a one-third interest in the mines
and that his Judge NoyesO name was
being banded about as being con-
nected with the conspirators. Judge
Noyes declared that he could not per-
nit any reflection on the court and
thai he would not permit the disclos-
ure
After the arrival of the opinion of
| the circuit court of appeals in the
| Mckenzie case 1 called upon Judge
| Noyes," the witness proceeded. 1.-THE
| judge remarked that they (meaning
/ the circuit court of appeals of the
| Ninth DISTRICT had everything their
! own. but it was time for him (Noyes)
/ to fight. Judge NOyes declared that
| the opinion had one effect at least, and
| that was the removal of the court from
/ San Francisco, where the cases are
| tried by the press Judge Noyes said
/ that the United States government
should never permit judge like Ross
| (who rendered the opiniOn) to remain
/ upon the bench"