The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-11-12
JUDGE MOVES
TELLS STORY
4@-
Says He Did Not DisObey Order
Of Court.
EXPLAINS HIS ACTS AT NOME
HOW MKENZIE WAS APPOINTED
RECEIVER FOR MINES.
EXPLAINS HIS ACTS AT NOME

San Francisco Nov. u..-Judge Noyes
was again on the stand this morning
in the contempt hearing before Com
missioner Heacock. He went over the
important events following his arrival
at Nome, and said that none Of his acts
was in contempt of the circuit court Of
appeals. He strongly denied the test
mOny of Attorney W. T. Hume regard
ing alleged interests Mckenzie secured
in the law firm of Beeman. Hubbard &
Hume. In fact, his testimony was a
general denial of many statements
made by witnesses for the govern
ment. Referring to the appointment
of Receiver Mckenzie shortly after
reaching Nome, Judge NOyes said:
"On July % 1900, Attorney Hume
came to my room at the hotel and asked
that ] appoint a receiver for some of
the claims in litigation. l tQld him I
was COINS to St. Michael. and would
not transact any business until I re-
turned. He was urgent, saying the
matter had been put OFF for a year,
and that the defendants were working
day and night to exhaust the claims.
Il then went to my chambers and
when the matter of a receiver was con-
sidered I suggested Mckenzie. Mr.
Hume thought that $1,000 would be Suf-
ficient bonds in the five cases until my
return from St. Michael. Later I met
Mr.. Mckenzie. and he said he would
act as the receiver. Mr.. Hume came
back with theOrdeTs and l called the at
tentiOn of Mr. Dickie, one Of the clerks.
to them. All but two were marked to
be filed. The papers mad the evidence
of hasty preparation.
Was a Mistake.
"The matter of the application to set
aside the order appointing the receiver
was argued July "A. My second order
made in the case could go no further
in force or effect, but I am not seeking
to justify il, as il was undoubtedly a
mistake. I thought it was necessary
that the receiver should control all
the machinery to operate the mines.
Ny intention was to establish peace
and Justice. No complaint was made
to me that Mckenzie was unfair"
Asked regarding the arrival of the
writ of, supersedeas at Nome. Sept. Il,
Judge NOyes said that Marshal Vawter
served one paper on him.. He denied
that he requested the marshal to Sc
cure force to prevent the defendants
from getting the gold dust. He said
he gave no instructions. further than
those in writing to Marshal Vawter and
Major Van Arsdale. Thek we're to pre-
serve the peace and protect life and
property. These orders were issued
because Manager Whitehead feared the
bank would be attacked by mob.
Willing to obey Court.
Judge Noyes said he issued no order
that would prevent Mckenzie from
turning over the gold dust if he felt
SO disposed. He also denied that he
told Captain French not to issue an
executive order. He told Attorney
Knight he had prepared or would pre-
pare an order in compliance with the
writs of supersedeas, but that further
than that he was powerless. Judge
Moves added that when he denied the
application for appeal in the cases he
was not aware of the act of June 6.
allowing such appeals He refused to
issue a writ Of habeas corpus for the re-
lease of Mckenzie, and was prepared
to obey the orders of the court of ap-
pealS-
Judge Moves said he never heard
directly or indirectly. Of any arrange
ment by which Mckenzie secured a
quarter interest in the law firm of Hub
bard. Beeman & Hume. with the I'M
derstanding that it was for the judge
He added that he never reprimanded
Hume in court, and that he did not
APOLOGIZE.