The San Francisco call., 1901-11-05
ARMY MEN ENTER
CONTEMPT CASES
Major Van Orsdale Tells
Story Against Cap
tain French.
Pillsbury Subjects Witness to
a Severe Cross-Exam-
ination.


pected. and Van Orsdsle told story
that placed Judge Noyes In q better light
than anything said or done since the open
ing of the hearing.
II is major against captain. E. S. Pills
bury, amicus curiae, placed Captain
French on the stand a few days ago.
The captain was a subordinate officer un-
der the major, and their statements as
TO orders, declarations and conversations
about the writs cannot be reconciled
Pillsbury subjected Major Van Orsdale TO
a scorching, grilling cross-examination
and found in several instances COM
Portable lapse OF memory on the part OF
the witness.
For the first time in many days the re-
spondents' attorneys smiled with self
satisfaction, They think Major Van ors-
tain any such opinion. however. He
poured yellow slip after yellow slip into
P1llsbury's hands and filled his ear with
question after question The brown hat
was ignored, but Nelson's tips were
The respondents intend to put Judge
they do so application Will be made TO
the Circuit Court of Appeals TO have the
examination conducted in its presence.
ing. No matter how the court decides,
Judge Noyes will tell his story to-day.
Van orsdale Tells His Story.
When Major Van Orsdale took the
stand, McLaughlin's first question was:
do you remember when the writs OF
supersedeas arrtved?%
The major responded that he did and
that he was at the barracks at the time.
three miles from Nome It was Kenneth
jackson told me the wrtts had ar
rived" continued the witness, and that
Receiver Mckenzie refused 70 comply
with the writ: that there was danger OF
trouble, and that a vigilance committee
was being organized in order to see that
the law was carried out. / sent Captain
French TO town and he corroborated the
Major Van orsdaie came into town with
Captain French and both visited Judge
Noyes- They told the Judge lat II was
d serious state Of affairs in Nome. The
reply to this was:
The wriIs have been received and the
matter is thus taken out. of my hands
/ don't know what Mckenzie will do
I'VE then visited Mckenzie, and he told
Us he would first consult a lawyer before
acting. At O'Clock that day he told me
he was under heavy bonds for the gold
dust and would have TO proceed cautious
ly. He said he would give up the mining
properties. but would Keep the gold dust
until the Circuit Court of Appeals heard
his side of the question
Receives Letters From Noyes.
Subsequently and on the same day did
yet receive a Communication from Judge
Ncyes." asked Mclaughlin
Il did. letter" This was produced by
The letter is as follows:
NOME Alaska Sept Is 1900.
Major Van Orsdale Nome City. Alsska-My
Fy5cb AaSF i oA5 Ss you c1sd me orn. xltn ssr
on .ie from the Circuit Court Of Appeals and
1sts-; @ 'St ~ his Is cSsy5 Witch % , b entereS
u course soon as the same can be prepared
aat Complete compliance with the order OF the
Circuit Court OF Appeals.
Ny anxiety in this matter is to do every
rfrF f- nv and haka all rEnCa In
whom can In snywise control fully comply
with the order o. the court above. which. OF
necessary that matters should rest IN
qGo and peace and order be preserved and
sistanee 70 the Marshal as may be necessary
20 maintain that peace and quiet.
every effort that is needful in orGe. 70 pre-
serve lie and property. am very sincsTely
yours. ARTHUR II. MOVES.
Dubose Becomes a Party.
Before the letter was received the wit
ness had. seen Marshal Nawter, Nc
kenzie and Captain French together in
Captain French's office Nawter came
IN during discussion between attorneys
and was present when Major Van Ors-
Gale received the letter Nawter's letter
was also received at that time and each
party allowed the other to read his let
Major Van Orsdale then said that
Judge Noyes told him that lie would act
according to the terms of the letter
q posse 70 protect the gold dust. The
Major declared that Marshal Vawter had
his letter Van Orsdale heard nothing
about advice or declarations on Noyes'
part that any particular party should or
should not get the gold dust
The witness was then taken in hand
by Mr. PillsbUry for cross-eXamination.
After questions Of specific nature re-
lating TO the writs and the conversations
based on them when the witness was in
formed Of their arrival by Jackson, Mr.
Pilsbury asked about an affidavit he
Psde and which was presented in the
IN this paper that Dubose did not advise
certain party named to disobey the
writs.
At this point ensued the first of the
many alterations between the attorneys
The witness affirmed and reafirmed that
Dubose gave no advice, and then Nc
Laughlin counseled the witness NOT TO
answer question after question that
were put BY Pilisbury- Attorney Henry
got right into the middle of things and
for a time things sizzled.
Witness Is Unsteady.
After much mental refreghment served
by the amicus curiae, the witness recalled
that Metson. Knight and LAfe Pence saw
Lin and asked for protection.
military guard to bring in gold from the
Anvil Creek mines and Major Van Ors-
dale requested Captain French to send
was not Mr.. Metson there that dav
requesting such military interference?"
said Piilsbury.
II don't recall any such request on
Nelson's part" responded Van OrsdaIe
Yet you sent out OF your own motion
guard 10 protect this gold dust and
bring II into town." Interrogated the
smlcus cuFiae.
The witness had no recollection that
Metson ever asked him for military SUD
port in carrying out the writ
On another tack Pillsbury drew from,
the witness the admission that aho,,t
September Is or is he thought thai Can
tain French was inclined to favor one
side.
Captain French said, did he not that
the wrfts were plain on their face and
that they should be enforced2' was ths
next question.
Yes" came from the witness.
Were you not told that the Marshal
had declined to assist in the execution
Of tine Writ2'
Il think so"
The major had just confessed that the
usual modus Operandi was TO wait for
2 request from the Marshal before mil
itary support should be given
Mr.. Piiisbury at this point began bor-
ing into the witness to tear down tbe
statement that Major Van OrsdaIe's ac
ton in sending out the guard was to in
sure general peace. Mr. Pillsbury la
bored to show that the witnees' action
WAS a tho Instance Of McKep1Ia