The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-02-05
DEFENSE OF MOVES.
Senator McCumber Makes Plea For
Alaska Judge.

Washington, Feb 5.-Mr Hale in
charge of the urgent deficiency bill to-
day, made an appeal to the senate to
permit the bill to come to a vote. He
hoped the scandal in Alaska would
not be permitted to interfere with the
progress of the measure. He said it had
no relevancy to an appropriation bill
and while he was powerless to prevent
the discussion, he hoped it would not be
prolonged.
Mr.. McCumber On. ID said he had no
desire to prolong the discussion, but
most villainous charges had been made
against men-chargeS which he person
ally knew to be unfounded and absolute
ly false. He declared that certain min
ing syndicateS had desired to obtain
control of the whole Nome (Alaslxa)
country. He believed that it would be
premature for the senate to render
verdict for, or against Judge Arthur H
Moves and Alexander Mckenzie before
the courts had had opportunity to pass
upon the merits of the case. He VEN
tured the opinion that the senator from
South Carolina, (Tillman) who repre-
sented a chivalrous people and who had
reflected so seriously upon Judge Noyes
and Alex Mckenzie, who had no oppOr
tunity here to defend themselves. would
not have made the charges against
them, if he had known Alexander Nc
Kenzie and been familiar with facts He
declared that no person could put
finger upon single instance where AL
exander Mckenzie, or Judge Noyes ever
had Wronged any man of a dollar. He
paid high tribute to both Mr.. McKen-
Zie and Judge Noyes, and in answer to
an inquiry asserted that not one scintil-
la of evidence is contained in the entire
record of the case that will support
the charge of conspiracy against Alex
ander Mckenzie.
extended discussion of the case against
Mckenzie, going into minute details.
He explained that the order of the cir
cult court of appeals of San Francisco
Of he 10 fnz mt Of act
made to it in ordering Mckenzie to turn
over property of which he was the re-
ceiver. He asserted that McKenZie'S
lawyer advised him that the order of the
court was void. Mckenzie therefore did
not comply with the 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 conditions
it was held by able lawyers that Nc
Kenzie ought not to be adjudged guilty
of any offense.
Referring to the opinion of the circuit
court of appeals Mr.. McCumber assert
ed that four-ffths of it were devoted
to the discussion of an alleged attempt
ed conspiracy between Judge Noyes
and Mckenzie, the greater portion of
the information concerning which came
from San Francisco newspapers. He in,
sisted 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,
Noyes and Dubose.
The men bers of the courts of ap-
peals for the Ninth circuit. he said,
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 Ian
guage, without an opportunity of
hearing.
Referring to the situation as Judge
Noyes found it in Alaska, Mr.. McCum-
Der declared that the mining syndicates
had made every effort to bride him
$4,000 being offered to him in one sum.
Finding it impossible to bride him, the
syndieates hired, Mr.. McCumber assert
ed, a man to make a perjured affidavit
that Judge Noyes had accepted a bride.
These facts he said, had been reported
to the attorney general of the United
States, and for reporting these mat
tiers to the department of justice Mr..
Frost, he said, had been sentenced to
prison for one year because his work
had come in conflict with the circuit
court of appeals. That, he said was
the only reason for F'rost's conviction.
He simply would not be a creature of
the syndicate.