The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-02-05

IfO1u SCutu CdiOllua t1lllmdu), VINO rep
resented a chivalrous people and who had
and Alexander Mckenzie, who had no op-
portunity here to defend themselves,
would not have made the charges against
them if he had known Mckenzie and been
familiar with the facts. He declared
that no person could put finger upon a
single instance where Mckenzie or Judge
Noyes ever had wronged any man of a
dollar. He paid a high tribute to both
Mr.. Mckenzie and Judge Noyes and in
answer to an inquiry asserted that mot
one "scintilla Of evidence is contained in
the entire record of the case that will
support the charge of conspiracy against
MCKENZIE y ~
Mr.. McCumber entered upon an extend
ed statement Of the case against McKen-
.zio, going into minute details. He main
tanned that the order Of the circuit court
of appeals of San Francisco went outside
of the statements of fact made to it in
ordering Mckenzie to turn over property
Of which he was the receiver. He asserted
that McKenzie's lawyer advised him that
the order Of the court would be void. Mr..
Mckenzie therefore did not comply with
tho writ, inasmuch as if he did he would
be in contempt of an order of Judge
Noyes. He therefore was between two
fires. In such condition it was held by
able lawyers that Mckenzie ought not to
be declared guilty of any offense.
Referring to the opinion of the circuit
court of appeals, Mr.. McCumber asserted
that four ffths Of it were devoted to the
discussion of an alleged attempted con-
spiracy between Judge Noyes and Nc
Kenzie, the greater portion Of the infor-
nation concerning which came from San
Francisco newspapers. He insisted that
no man could conceive of more heinous
judgment than this. The parties were not
convicted of conspiracy, but of contempt
and, in his opinion, ought not to have
been punished to such an extent as were
Mckenzie, Moves and Dubose. The mem
bers of the court Of appeals for the ninth
circuit might be honorable men, but he
was obliged to judge them by their acts
That court had convicted Judge Noyes
while he was 1000 miles away, and had
arraigned him in most remarkable Language
without an opportunity of hearing. e. g..
Reyerting to the situation, as judge
Noyes found it in Alaska, Mr.. McCumbe1
made every effort to bride him, $780, 0C
being offered to him In one sum. Finding
1t impossible to bride him, the syndicate
hired, Mr.. McCumber asserted, man tc
make a perjured affidavit that Judge
Noyes had accepted the bride. These
facts, he said, had been reported to the
attorney general of the United States and
partment of justice. Mr.. Frost, he said
had been sentenced to prison for one
year. That, he said, was the real reason
for Frost's conviction: he simply would
not be a creature Of the syndicate.
Mr.. McCumber read the orders ISSUED
by Judge Moves, known as statu quo or.
ders, upon which, he said, the judge hac
been convicted of contempt. Why, hi
asked, was Frost sent to prison and Judge
Nnyes on1v fined IF both were guilty O
conspiracy? He believed that it was be-
cause Judge Noyes' character would be
sufficiently blackened by a fine and then
too, out of prison he could not be reached
by a writ Of habeas corpus. He referred
to what to his mind was appalling cor.
ruption in Alaska.
Mr.. Tillman g. CO. interrupted to in.
quire whether Mr.. McCumber did moi
think he owed it to the senate to give il
all the facts concerning the damnable
corruption of certain United States courts
to which he had referred.
Mr.. McCumber replied that he had moi
accused the members of the San Fran
cisco circuit court of appeals of anything
worse than prejudice and bias. He urged
that he had proved this prejudice from
tho record. ~,
Mr.. Tillman said that if such things as
had been charged could occur in Alaska
among our own people, speaking our own
language, it would be much worse in the
islands of the Pacific where the people
could not understand our language He
took up the case of BENJAMIN Daniels,
appointed marshal for the territory OF
Arizona, and criticized the selection OF
men of the alleged character of Daniels
Mr.. Stewart made speech in defense
of the circuit court and criticized the &C
ton of Noyes, Mckenzie ct al.