The Nome nugget., 1902-03-05
For Irving Cases Partly in
 and Cat Of Court.
CREATED & SCANDAL
Judge NiCkerShar, States That Couu- sci ou Both sides in the Case of the N'ai Goose Co. vs. Frenci, Did Not Practice Law Like Lawyers.

Following is the fall text of Judge Wickershum . remark, as reported by C. II. McBridc, Sh0rIh reporter, as delivered on Saturday lat in the case oI the Wild Goose Mining X Trading Co. vs L. II. French, Lena Walton ct als, on a motion of the p,aintltG ro Gi,- his, the suit, and an application of the defendant, to be restored to possession of claim Nc. l0, Nphir creek:
 The Court: Hon. J1me, WickerSham) 1'h!, ease eNempIlic, the beauty of try Iny laW-Sult as this one has been tricd: partly in court and partly ont Of court. It must he apparent to counsel upon both sides that very much has been dope in thls ca-e to ecanuaIize the aumini>tia) of justice. upon which ever s,de he lritt; may lie. It must be apl urenl to counsel Uprn both sides and to eN cry hudy who ua, listeHed to the prrCCtulu9~. that II counsel upon bnth side, had p acticed law nke law Ner1, that tLe court, the Jul.ca ant the administration 'f juoure wouId not need to have been ~randalzed as they have iu thl9 ease, and a- It has been sC l4 ttl itilIIN GUIft lltl Ct'iOIt III ANtltHs b auG ct unset on both sites m'el,t ae well audcr,D and at thI, tine tt,al lh,s will probably be the last proceeding ot thl> kind that will ever happen while tGI> court sits ln Nome, bt ca Isr It must be distinctly undprSl, Od that tLc COUrt will not tolerate any such proceedings q, have taken place III lhis ca~e, anu nope, hetotp tae mater Is finished, that beth sides wilt understand thu. who ever has committed wrong m this case Will suffer fer It, ii Il Is possible to reach tlem through the courts and hrou1h testimony. 1 he court fee. very kttult IT. thIe matter, because ut the 7ptclai cilUIt ma up' the enc side to make II appt ar a. though an attack has been nlaGe CT ,s |" De nljt.e C Hr could be made upnn ibc cont and up, n the JurIea called in th.s court ln t pro crcdmg pending hctare the court; and have called the district attorney into thi> Ca, e early and he has ln~truC- tluh- to let nu atOlp bc EuturH"d to reach the u ulh II lhIs mater aud to prOoccnte without fear or favor any man or any set of men N ho have under taken to scandailHe the court and the aHminis,tal ion oi ju~tlce in tbi- conI- munltN, and it Aili Lc Gone without any question. (At tin, point the court dis cu,sed the legal phases fl the ease and the questions before the court at this time.) The court lhereupOn continued m the fdiiwiny lauguaee:
 The cOUlt feels that counsel in q law sujI nIUat He fair with a court upon both sides. and the court feels that when a lawsuit Is brought Tn court: that counsel must try that suit in the court: and the COurt Wlil nOt join hands OF partnership in any way, shape or manncr with tOrce or bribery, and the court will not permit a ca," tO be tried party in the court ana partly by lotce or bribery. 1 dO not accuse either che Of the couuacI of a thing of thal kind, because they are eutttlcd to the usual rule that they are absolutely Innocent until they are proven guilty, aud the court Is inclined tU.Hlve them the ben eft of that rule, because everybody Is emitted to that, much les, an officer of this court. but an officer Is cnulIed to no more of the rue than any body else.
 But It due> appear from The ~ idence in this Vu>e. EeNOnd Guuht, that two members Oi thio court. attorney, iur tLe plainlltf. went over to Council CllA Whlie th,s case wa, pendlug. and, talk Ing lheir view uf the ca Q, dlu go upon this property and iOt'clbly take posoe-- sun Oi 1t. If tLey dIdn't take It by force, they did take it by bribery. Whlch Is worse. and the court won | cOuntenance anything uI that k!nd and won | permit Il. IL GOesn make any Gl1Iti (nct who does IL. CUunsei Is ac- cu-ed, may Le uuJuauA, Of Laviug sad that hi~ client had suiiicient money to control the court and the jury and cSerS body in cOnnect on with It and wIu the case. Counsel may not have sad 1t. Either Srnlion has cunnlil- ted Eei jury or Mir. F nk has con mitte0 per. uil-a .pian pl' posiu'n In tpt Il court. Aud the pros eDutin2 atone! may use every et It 10 aace, tain when 0l them has committed such cr,mc, and will undoubtedly do hl, duty in hat respect.
 It is q cuntempt of the process of this court. and It IS cCnttmut "f court generally, for counsel to undertake to brlbe witnesses. 1 don't know that C, unset dld t: Would be very glad to believe lhal they cid uot. l would much rather heleNe that than any thing else. The prosecuting attorney will do hs duty In that respect and undertake to a-certaiH, it he can,
 
 tlat.
 If there was any riot committed in taking possession Of this claim, the pro eculing attorney will look after that. He IS in court: he heard all of the evideuce: he knows the W shes anu the desires of the court in that respect
 The court IS III able 10 do anything at this tune more tlan to give instruc- tic ms to the prosecuting attorneys in these matters.
 The clut will grant 20 re!ief what ever to the plalniltf in ,hs case, nor do anyi hing, until he q, endant- CT de- fendan. IS put back into pos. ession of thls property exactly aS he wa, when he was busted. 1 he court wotidn't be worthy of being called a court if it couldn protect lliigants who have come into court for the purpose of de- termining their rights, and the court