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

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In the Matter Of the Application for
Pardon Of Alexander Mckenzie. ]:
The President:
For the facts in this case I resort in
the main to the record in the Supreme
Court of the United States in the
matter of the petition Of Alexander
Mckenzie for habeas corpus. FUm
this record it appears that on: July
23d, 1900, Judge Noyes, of the District
Court of Alaska, appointed Mckenzie
receiver Of the property involved in
certain actions In his court, and d.
rected him to take possession Of and
operate certain placer mining claims
near Nome, in the District Of Alaska;
that on the 10th day Of the following
August an appeal from said order was
allowed by the Hon. w. w. Morrow,
Judge of the Circuit Court Of the
United States, Northern District Of
California. On the same day the court
signed a citation on such appeal and
approved a supersedeas bond, and on
August 20, 1900, q writ of supersedeas
was issued. Blythe terms Of this writ
NICK Kenzie was commanded to refrain
from in any manner interfering with
the possession of the property SO taken
possession OF by him as such receiver,
and to forthwith return unto the de-
PENDANTS in said action the possession
Of any and all property Of which he,
Mckenzie, took possession under and
by virtue Of said order.
The history Of the service Of this
writ upon Mckenzie, and the circun-
stances surrounding his disobedience
thereof, I take from the lips Of Sam
uel Knight, Esq, who, upon page 80
lof the record heretofore referred to,
which I file as q part Of this report,
swore that he had exclusive charge
and control of the case upon behalf; OF
| the defendant as attorney and counsel,
aud who was examined In the con.
tempt proceedings, his testimony be.
ling found at page 81 ct seq. of the
record. Stated in narrative form, the
circumstances, according to Mr.,
Knight, we're these: He says that Eon
the 14th Of September, 1900, he filed
the original citation and the original
writ OF supersedeas in the Office OF the
Clerk Of the Court at Nome; that on
the l4th day Of September he caused
to be served on Mr.. Mckenzie, in I'd
dition to . certified copy Of the writ
LOT supersedeas| . written demand fol
the return Of certain gold dust, the
product Of the operation OF the prop.
|erty By Mckenzie, as receiver, IN
accordance with the writ; and desig-
mated Mr.. Theo odore Allen as the officer
or agent Of tho defendant to whom
such return of the properly should be
made 3 and that on the following day,
the 18th Of September, Mr.. Allen and
himself called on Mr.. Mckenzie at his
|onfce and asked him whetherori not
he proposed to return the property
under the writ. To which. Mr.. Nc.
Kenzie replied that he desired to con.
suit his attorney, AMI that he would
| be governed By the advice Of bis
counsel. Mr.. knight states that this
was the only Inter view he ever had
with Mr.. Kenzte In relation to the
Prostitution Of the property. e is con
ceded that all the property at this
| time whtch was within "a hours
after the arrival Of the writ at Nome
| the mines themselves and an the
physical property Of the defendant
we're In their possession, and this re-
fusals had only sto do witt certain gold
dust deposited IN the vaults OF the
Alaska Safe Deposit co. So much for
1.-The circumstances of The contempt, aa
stated bys ths det end mt 4 counsel,
Knight the aole legal lsrepreeentat tive
lot the defendant np0n the ground,