The San Francisco call., 1901-11-19
NJ 'KENzIE MAY
BE AGAIN CITED
Judge Maguire's Argu-
ment Goes Beyond
Expectation.
Lawyers Sum Up Cases Be-
fore Circuit Court of
Appeals.

Alexander Mckenzie may be cited to
appear again before the Circuit Court Of
Appeals and tell what he knows about
disobeyed writs, receiverships, arrests
and contempts of court. Two charges
still hold against him and If Judge
Mcguire, representing ex-Congress1nan
Geary, has stated facts in his argument
for the exculpation OF the latter, Anxious
Curiae Pillsbury may find it necessary to
bring the front and moving OF all the
home troubles into court.
Argument ruled with a high hand be-
yesterday morning and afternoon. All
testimony taking in the Nome contempt
cases had been concluded and the court
had set aside the day for the attorneys
TO state their cases. Sharp upon the hour
all concerned appeared and the talking
began.
Francis ]. Heney. associate counsel for
Judge NoyeS, properly arrayed for the
occasion, opened the game He prayed
for a continuance for ninety days, or, II
the court would grant it's sanction to 1t,
some six months. He read a long afti-
davit, mentioning bakers dozen of wit
nesses whose dispositions he wanted and
whose testimony he said was necessary
for his client. This created consterna-
ton among the Government forces Mr..
Pillsbury was willing to waive almost
anything to bring the case to conclu-
sion. Heney anXiouSly desired the con-
tinuance. District Attorney Wood thought
continuance would work to his gocd
Thomas ]. Geary was satisfied to rest
on the evidence. The court said it would
decide at o'clock, so recess was taken.
Court Is Willing.
AT 2 o'clock the court, through Judge
Gilbert, announced that it was willing
to grant the continuance as far as Re-
spondent Noyes was concerned. Anxious
Curiae Pillsbury was not of the same
which respondents showed a sign of cavil
He was willing to admit that all the wit
nesses would testify just as Attorney
Heney in his affidavit said they would.
This was setback to the respondents
and so the court ordered the arguments
to proceed.
With a clear, concise statement of facts,
without circumlocution or waste of time,
Pillsbury produced a skeleton argument
and rested upon it absolutely His con-
clusion was:
Upon what theory can the facts be ex-
planned? There must have been a community
of interest between Judge Noyes and McKen-
zie. From these facts which 1 have stated
snese snes can 6 pc 3T6 one conclusion that these
proper motive That these receivershiDs were
10 De made and that Mckenzie was to be the
be explained by other theory than that of
common interest and improper motive.
Mckenzie Is Sacrificed.
Then came Judge Mcguire in behalf OF
Respondent Geary. His argument was not
finished when the afternoon session closed
and will be continued this morning. Ma
guire sacrificed Mckenzie for the sake OF
Geary, who was his attorney. The amicus
curiae and others have been looking foI
Mckenzie for some time, but sickness has
been alleged for the reason of his nom
appearance. Now Mcguire comes to the
front and shifts the burden of RESPONSE
bility from Geary to Mckenzie. 1--WE will
see about that" says the amicuS curiae
and before many days have passed Nc
Kenzie may be cited to appear and tel
his own story. Maguire's argument fol
| Geary was based on the ground that the
| attorneys counsel and advice was honest
ly given and ignored completely by the
! client.
The arguments will continue this morn.
! ing. They may, and may not, be finished
! to-day.