The San Francisco call., 1901-10-23

IL hostile witness yesterday WneI
the taking of testimony in the
| IL Nome contempt cases was re-
sumed before Judge Heacock
Vawter tilted his chair on the hind legs
looked defiance at the respondents atter-
neys and drove Mclaughlin to the ice
water four times during the morning ses-
sion. He had his story to tell and he told
it-sometimes so fast that even the court
reporter threw his hands upward in de-
spair. The marshal had grievance and
he didn't care who knew it.
Vawter went into detail when he came
to the Jim Gaylen and Senator Carter
phase of the cases. He testified to his
relations with Noyes, Mckenzie and
Frost, and recited how he came to over
hear the conversations between Judge
Noyes and other parties, in which the
good name of Circuit Court, Judges and
Congressman were categorically con-
demned. Much of Vawter's testimony is
to the point without any mincing.
But Vawter was not the only man on
the stand yesterday. George V. Borch-
senius took the witness chair during the
afternoon. He was the clerk of the court
over which NOyeS presided, but was re-
moved later by NOyes. Borchsenius re-
ceived his appointment, according to his
testimony, on account of the influence of
Mckenzie. He did not, however, last long
with the combination. At Seattle, where
they all rested on their way to Nome,
Borchsenius felt that he was in disfavor,
and that they wanted to give him the
slip. His life was not merry one at
Nome-from his story-and his work none
of the pleasantest.
Day by day the attorneys drop more
and more of their pristine courtesy. Ami
Gus Curiae Pillsbury and Judge McLaugh-
lin have now reached the state of super
heated politeness. Their remarks sound
well, but they are full of sarcasm and
irony. Now and then they have a tilt,
and then Judge Mclaughlin drinks ice
water. Francis J. Heney, second to Nc
Laughlin. is also in a warIike and argu-
mentative mood.
The case of Joseph K. Wood came up
before the Circuit Court of Appeals at
the morning session, but the court re-
fused to pass sentence until the testimony
was read.
Conversation of June, 1901.
The morning session opened with con-
tinuation of Ex-Marshal Vawter's cross
examination by Attorney Mclaughlin.
The first question propounded was;
Referring now, Mr.. Vawter, to the conter-
sation you overheard in June 1891 in which
you said something about Judge Noyes' criti-
date?'
1T is either June or June 16. It was either
the day before or a week before l went to
st. Michael. We two weeks getting to St
Michael because we were stuck in the ice We
arrived in Nome on the 4th made the mem
orandum Immediately upon my return to Nome
/ made it in case / was ever asked about it. to
specify the time exactly"
Where that talk held?''
That talk was in Judge Noyes' chambers or
the room adjoining the chambers. think Bell
was present.
Where were you when you heard this?'
In my office, which adjoined Judge Noyes'
1 was about nine feet from the door between
the rooms 1 recognized Bells voice besides
thin board partition between the rooms and
could hear plainly"
You didn't put your to the wall 1 SUD-
poser
mo, sir: never at any time"
Now have you related every conversation
you have overheard concerning this matter and
in which Judge Noyes hgures?'
1T think have
Ibid you state substantially all Mr., Frost
said wnen he handed you that letter?'
when he handed me that letter and told me
must swear in the posse comitatus and pre-
vent these people from getting the gold dust
he also said, you must obey this court and
never mind the other courts -
Not in With the Gang.
When did you send your resignation to
Senator Carter7"
''I think it in October, l90o"
Yesterday you testified that Mr.. Gaylen had
disappeared
"Yes, I feared for his safety and was organ
izing party to search for him."
When did he return?'
He went to Senator Carter and came
back in September
When did you forward your resignation
Soon after Gaylen's return"
Then you sent a second part of your resig-
nation did you not?"
About fifteen days after withdrew my res
ignation.'
Notwithstanding that Senator Carter did
send in your resignation"
1T seems So"
Did you talk with Gaylen after his return?'