Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1906-06-14

proposition that a citizens liberty is
to be taken away from him because
of what his lawyer might have said
to another lawyer in proceeding to
which he is not party. Besides,
whatever inference may have been
legitfmately drawn as to McKenzie's
attitude towards the court, from
Nelson's testimony as to his CONVEX
sation with Geary in October, 1900,
upon which Judge Morrow relies to
show McKenzie's defiant attitude, I
find among the papers written
statement by Metson, the witness
quoted by Judge Morrow, and his
partner Campbell, addressed to the
Court under date of January 31st,
1901, covering the situation as they
then understood it, which by reason
of it's significant relevancy I quote
In full.
SIN the United States Circuit
Court Of Appeals, Ninth Circuit.
In the Matter of Robert Chips VS..
Jafet Lindeberg ct al, and o. Jos.
Comptois vs.. Anderson, ct al.
"1'he defendants in the above en-.
titled cause make the following state
ment Of facts, and ask permission OF
the court to either dismiss the con-
tempt proceedings, or that they may
be submitted upon the evidence al
ready taken in Rodgers v. Kjellman,
Melsing v. Tornanses and Dubose,
contempt proceedings, in so far as it
may be pertinent to this issue.
''In so doing, we desire to state to
the Court that after thorough inves-
tigation we are satisfied that the
court has Jurisdiction Of the subject
matter and Of tile persons on these
appeals, and that his honor Ju9ge
Morrow had jurisdiction to issue the
writ Of supersedeas in these proceed
ings.
''The law upon this subject we have
presented in the brief which accom-
panies this statement; but in fairness
to the court and in justice to the re :
spondent, Mckenzie, we deem it our
duty to state that the supersedeas at
this time has been fully complied with !;
and that said Mckenzie, through his
counsel, ever since the question Of the
Jurisdiction was argued by Mr.. Gum,
had promised that should the court
determine that it had jurisdiction
that the writ would be fully complied
with, and that promise has been kept.
''On the 14th Of September the writs
of 4lpersedeas arrived at Nome and
were served upon Mckenzie, and Judge
Noyes, being at that time sick in bed,
service was made upon him at his
home. Mckenzie was advised by his
counsel that the writs were void, and
he was threatened by plaintiffs coun-
sci that If he obeyed the writs they
would hold him on his bond.
sit appears tnat on the 18th of Sep
tember the question of the effect Of
the writ of supersedeas was argued by
the various counsel before the military
authorities and the Post Commander
at Nome, and Mckenzie went to Judge
Noyes, submitted the matter to him,
and after conference with the Judge,
received instructions from HIM, as is
hereinafter stated; and the Judge sent
for the United States Marshal and
Post Commander and instructed them
to hold the question Of the gold dust
heretofore extracted in statu quo,
and to keep all of the gold dust in the
Safe Deposits vaults at Nome; and in
the meantime Mr.. Mckenzie had
closed down active operations upon all
the mining property covered by the
writ Of supersedeas, and possession
was taken of that property by the de-
fendants. The United States Marshal
and the military authority kept their
guard upon the vaults at Nome until
the United States Marshal sent I'D by
the United States Circuit Court Of
Appeals for the 9th Circuit, went to
Nome and took possession Of the vaults
and turned the gold dust found there
in back to the defendants, after hav-
ing first arrested Mr.. Mckenzie.
'!sThere was some surplus of gold
dust, a portion Of which had been sold
on or about the latter part of August,
under order Of the court, and some
other gold dust deposited and shipped
at said time by the North American
Transportation Company on account
of Mckenzie as Receiver, and this sur
plus Mr.. Mckenzie held until his ac-
counts were settled. As soon as they
were SO settled he complied with the
order of supersedeas by turning over
all the surplus In his hands.
"Mr. McKenzie's attorneys, Mr..
Gum and MIR. Kellogg, at each time
they appeared before the court, prom
ised the counsel for the defendants
that 81 soon as the Question Of iuriN-