The Nome nugget., 1902-08-13


 charge of contempt of the court, shal be reopcned rests with Judge Moore the successor of Judge Wickershan upon the bench of the second judicia division of Alaska
 Az told in the last issue of the NUGGET, an application for a hearing of the case Was filed last Thursday | The hearing was set for Monday last at ? p. m.
 The argument in support of the motion was opened by Albert Fink. Mr. Fink spoke for nearly two hours, reviewing the record in the case, ln an able and comprehensive manner. He was followed by r, (. sullivan, who dealt with the legal points involved in a masterly way.
 Then came Colonel Melvin Gris,by, district attorney, who, in an inn passioned argument, which bore nc taint of prejudice, but which breathed the spirit of fair play and a manifest ttSllN lO SCt la!tl tt " lOiIt, Nao iSs iIbSb' counseled the court to review the case. Court adjourned until 7:45 P. m., when John l.. McGinn spoke briefly, not as representing the government, that function being filled by Colonel Grigsby, but. as McGinn expressed it. as amicus curiae, or friend of the court.
 When McGinn had finished, Judge Moore said: We will carefully con slider this case and will hew to the line, let the chips fall where thcy may.'
 The case is so well known that it does not need extended comment. One of the actors, Judge Wicker5ham, has gone and new judge has taken his place.
 Marshal Richards attorneys took the ground that an appeal to higher sentence imposed upon Marshal Rich ards and J. D. Jourden, co-defendant in the contempt case. provided for the payment of a fine less than $J00, and did not carry costs nor Imprisonment in default of,the payment Of the fines.
 Attorney Fink in his argument urged that it was within the province of Judge Moore to reopen the case, pro- vided it was done at the same term of court in which the judgment was rendered.
 Judge Moore throughout the argu- ments expressed himself as being only desirous of hearing the law in the case, and said that one judge hesitAtes tc take action in a case in the same court that another judge had adjudicated.:
 Mr. Fink agreed, but he said that Marshal Richards now appealed to the only court where, in the opinion of his counsel, redress could be had.
 Judge Moore suggested an appeal, but Mr. Fink claimed that an appeal would not lie in the case. Mir. Rich ards, he said, had been grossly wronged and thi, court was his last resort. The judgment pronounced against him was peculiar, inasmuch as it did not pro- vide for Imprisonment in case of default of payment of the fine, and an appeal could not, he held, be taken in a judg- ment less than $50O. Fink believed that the present court should act, and testimony at length and held that there was not scintilla of evidence to i'm plicate Marshal Richards in any wrong doing whatsoever.
 "Can it be- he asked, "that upon the testimony of such miserable man as Witness Flames has proved himself to be that judge of trial court can render such judgment, and from it there is no redress?' He did not be- lieve that the laws of the country were such.
 Fink then addressed himself to Judge Wickersham, charging that he was prejudiced, and he cited the affidavits recently filed to prove it. The trial judge, he said, was prejudiced, con sciously or unconsciously. He then proceeded in detail to review the evidence, which, he asserted, showed nothing whatsoever to Marshal Rich ards discredit, and he showed how Judge Wickersham had gone outside the record in his endeavor to establish his case.
 F. C. Sullivan spoke exhaustively upon the legal aspects of the case, citing many authorities to prove his contentious.
 After Mr. Sullivan had concluded his argument District Attorney Grigsby addressed the court. He said in open ing: "May it please the court, my position, like yours, in this case is one of some embarrassment, but l suppose ought to take the responsibility of making whatever appearance is made on the part of the government, this being a proceeding of the United States against Marshal Richards.''
 Colonel Grigsby saidsthe coiAlt, in his opinion, had a perfect right to, review these proceedings on the evidence without argument from attorneys on either Side.
 Colonel Grigsby said he had read the