Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-02-07
N CUMBER AND TILIMAN.
Junior North Dakota Senator Calls
Senator Tillman Down on the
Noyes Matter.
Tillman Told Some Plain Facts About
the Case--McC utnbers Brilliant
Debate.

MI. McCumber IN. d. said he had no
desire to prolong the discussion, but
most villainous charges had been made
against men-charges which he per-
sonally knew to be unfounded and abb
solutely false. He declared that GER
tain mining syndicates had desired to
obtain control of the whole Nome
country. He believed that it would
be premature for the senate to render
a verdict for Or against Judge Arthur
H. Noyes and Alexander Mckenzie be-
fore the courts had had an opportun-
ity to pass upon the merits of the
case. il He ventured the opinion that
the senator from South Carolina (Till-
NAM, who represented a chivalrous
people and who had reflected so SER
iously upon Judge Noyes and Alexan-
der Mckenzie, who had no opportun-
ity here to defend themselves would
not have made the charges against
them If he had known Mckenzie and
been familiar with the facts. He de-
clared that no person could put a fin
ger upon a single instance where Nc
kenzie or Judge Moves had wronged
any man of a dollar. He paid a high
tribute to- both Mckenzie and Judge
Noyes and in answer to an inquiry as
serted that not one "scintilla Of evil
denee is contained in the entire record
OF the case that will support the
charge Of conspiracy against McKen-
zie." IT, II. v,
MI. McCumber entered upon an ex-
tended statement of the case against
mckenzie, going into minute details.
He maintained that the order of the
circuit court Of appeals of San Fran
cisco went outside Of the statements Of
tact made to it in ordering Mckenzie
to turn over property of which he was
the receiver. He asserted that Nc
kenzie's lawyer advised him that the
order OF the court would be void. MI.
Mckenzie, therefore, did not comnly
with the writ, inasmuch as if he did
ne would be in contempt of an order
O Judge Moves. He therefore was
between two fires. In such condition
It was held by able lawyers that Nc
kenz1e ought not to be declared guilty.
of any offense.
referring to the opinion of the cir
cult court Of appeals, Mr.. Mccumber
asserted that four-fifths Of it were de-
voted to the discussion of an alleged
attempted conspiracy between Judge
Moves and Mckenzie, the greater Dor
ton OF the information concerning
which came from San Francisco news
papers. He insisted that no man
could conceive of a more heinous
Judgment than this. The parties
were not convicted of conspiracy. hut
OF contempt, and in his opinion, ought
not to have been punished to such an
extent as were Mckenzie. Moves and
Dubose. The members of the conrt
o AL ea,s for the Ninth district
might be honorable men. but be was.
obliged to judge them by their acts.
That court had convicted Judge. Moves
while he was 1000 miles away, and
had arraigned him in most remarkab,le,
language without an opportunity of ..
hearing.
s4 - - rEH,,a =..f --TF. YEh.gs.r. ~ ~. mfrE"
Reverting to the situation, as Judge
Moves found it in Alaska, MI. McCum-
Der declared that the mining syndi-
Gates had made every effort to bride
him, 100000 being offered to him in
n sum. Finding it impossible to
bride him, the syndicate hired, Mr.
McCumber asserted. a man to make a
perjured affidavit that Judge Moves
had accepted the bribe. These facts,
ne said. hh cen reported to the attor-
ney general of the United States and
for reporting these matters to the de-
partment on justice, Mr.. Frost, he
said, had been sentenced to prison for
one year. That, he said, was the
real eason for Frost's conviction. he
simply would not be a creature Of the
syndicate.
Mr.. McCumber read the orders iesued
by Judge Noyes, known as statu quo
orders, upon which, he said, the judge
had been convicted of contempt. Why.
he asked, was Frost sent to prison
and Judge Moves only fined. If ho
were guilty Of conspiracy? He be-
lieved that it was because. 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
corruption in Alaska.
MI. Tfllman rs. CO interrupted to
inquire whether Mr.. McCumber did
not Think he owed it to Che senate to
give it all the facts concerning the
damnable corruption OF certain United
States courts TO which he had referred.
Mr.. McCumber replied that he had