The San Francisco call., 1901-10-23
LAWYER MCLAUGHLIN CROSS
EXAMINING EX-U. S. MAR
Shall VAWTER.

visited by Judge Noyes and Frost after
the Iling Of the charge against himself
and both said they were sorry for it.
Then the friend of the court came back
to Gaylen, Senator Carter's nephew.
What did Gaylen say2"
He said I balled theSwhole thing up and
Carter would be very sore over 1t. Then
tatus to search for him, fearing that he was
from his trip to Senator Carter he said, I
have seen Noyes and Frost and both want you
removed removed. e.. He e, we, went out to see Carter and an
What were the relations between Judge
rived there7'' 80 ''-' '''-' '''''' WIS
Very thick"
Vawter then told at the instigation Of
Pillsbury how Frost came to him and
work He got the deputy, one McLain
by name, but his bills were paid by Judge
Noyes.
The re-examination was short Then
Mclaughlin had his opportunity again.
You say you were asked to appoint L. D.
McLain Deputy Marshal to do detective work
by Frost. and you afterward learned that he
was engaged to spy upon the Defendants at
torneys in the mining claims cases?'
Yes. sir"
,,,s You said he was paid on an order from
Yes, sir: He was paid as a detective. and
not as a Marshal"
Mclaughlin wanted to prod the witness
with personal questions then and said:
How much money did you get to pay your
expenses to come here?"
II have not been paid any money; I never
asked any,
Borchsenius on Deck
Vawter left the stand and the amicus
curiae called for George " Borchsenius,
clerk of the court at Nome. He also had a
grievance and he told it without much
Nome with Mckenzie, Judge Moves.
Dickey and a number Of others who have
since arrayed thmselveS one side or
the other of this case.
when did you learn of any proceedings be-
ing commenced in reference to receiverships,"
asked Pillsbury.
&. 'on the evening of July % I went with Mr..
Stenges to Judge Noyes office and found the
desk. I also found Mr.. Dickey there and he
said Judge Noyes left them about ocock
They were not fe-marked at that time. 1
think Dickey filed them AFTER
Did you see a complaint in the cases?''
No I did not. If there was, it was filed
Did Judge Noyes say anything to you about
Yes; shortly after came, but wanted
to be the mining ground and refused to
WAS there any change in his manner to you
when you got to Nome?'
yes altogether different from when we
were in Washington
Then the witness of his own accord Of
ferede some enlightenment.
''They seemed to be anxious to keep me in
ignorance of when and how they would leave
Seattle for Nome
Did you have any talk with Mckenzie
after the receiverships were bestowed?' inter-
rogated Pillsbury a few moments later, recev-
ing positive answer.
Did you go to ST. Michael?"
yes In September for a special term Of
court there"
Did you hear Judge Noyes say anything
q ha Writ
Yes. he said he did not know Compton and
talked sightingly of them
Delayed the Transcript.
Then the line of questions Of the amicus
curiae was devoted to the preparation Of
the transcripts or a record of the proceed
ings in the five cases which were to be
appealed to the Circuit Court. John T.
work in hand and according to the testt-
mony of Borchsenius delayed the prepara-
ton of the papers in an attempt to miss
the last boat of the season.
Borchsenius said in answer to one of
Ptll5bury'S questions:
'Mr. Reed had charge of the making of the
transcripts and he so delayed it that 1 was
afraid that we would not get them out on the
peals''
What reasons did Noyes give for the inter-
ference In the making of the transcripts?"
None whatever"
Another Blow at Noyes.
Borchsenius gave testimony on other pc
culiar methods Of doing business then in
vogue in Judge Noyes' court and made
statement concerning the calling Of
grand jury:
I'm January February. 1901. Judge Noyes
advised me to call a Grand Jury. I put in
a list of 300 names and Joseph K. Wood and
John 7. Reed selected twenty-three of them.
The following day Judge Noyes handed me
them as Grand Jury, it the custom
10 inf int hot noor
Borchsenius further testified that he
did not wish to pay the bills that McLain,
carroll and Carson put in for detective
service, but was ordered to do so. Also
that he complained of Deputy Clerk John
L. Reed for the manner in which he drew
Juries and that he received fees, but
Judge Noyes would pay no attention to
him.
The cross-examination of Borchsenius
was undertaken by Mclaughlin.
Il think heard you say that Mr. Mckenzie
had secured transportation for the whole party,
did you not?''
$50 L was informed"
DID you complain to Judge Noyes of Reeds
delay In the preparation of the papers?'
No: sir. 1 didn't think it would do any
good
Had you done anything on the Transcript
Just started it,
After that a desultory cross-examina-
ton followed and nothing more Of any