The Alaska daily empire., 1922-01-27

scene of the raid. MacMayburn and an agent named Larson remained there for two days presumably to arrest anyone who might show up. At the end of that time, the agents returned here without seeing any one approach the still.
 Formal Complaint Filed.
 Director Marshall, who left here for Ketchikan on January 15, re- turned on the Spokane on January 20. and at once took up the John son case In his investi gation he heard various reports and rumors involving alleged misconduct of his agents. Since that time he has had the matter under close study and the arrests followed yesterday as result of certain facts he is alleged to have dicovered. The formal com plaint filed by him follows:
 w. c. MacMayburn and J. w. Kirkland are accused by John B. Marshall in this complaint with the crime of malfeasance in office com mitted as follows, tO-wit:
 That the said W. |. MacMayburn and J. w. Kirkland, being then and there officers for the said District of Alaska, to-wt: Federal Prohibi- tion Agents for said District, did Wilfully neglect and refuse to per form a duty pertaining to said of- flee to the manifest hindrance and tinn nH business in this: that the said w. C. MacMayburn and J. w. Kirkland having. as Federal Prohibition Agents as aforesaid, on the 14th day of January, 1922, at certain small cove in Lynn Canal, about five miles north of Point Howard, and opposite Point Retreat appre- hended and arrested Edward Johnson and George Franklin while the said Johnson and the said Franklin were engaged in the operation of a still for the manufacture of intoxicating liquor, to-wit whiskey, and while the said Johnson and the said Franklin had in their possession in toxicating liquor, to-wit, whiskey, in violation of that certain act of Congress, approved October 2Sth, 1919, known as the National Pro- hibition Act, and thereafter the said MacMayburn and the said Kirk land having started on the gas boat Kirk for the City of Juneau, with the said Johnson and said Franklin in their custody and under arrest, as aforesaid, did, while so en route to Juneau, as aforesaid, and within the jurisdiction of this Court, wil- fully, corruptly, feloniously and un- lawfully, agree to release the said Johnson and the said Franklin from custody and suppress the evidence of their said crime, in considera- tion of the payment to them, the said MacMayburn and the said Kirk land, of the sum of $500.00, and in pursuance of said agreement they, the said MacMayburn and the said Kirkland, did. wilfully, corruptly feloniously and unlawfully, release the said Johnson and the said Franklin from their said custody at a point in Gastinaeu Channel near Salmon Creek, and within the jurisdiction of this Court; and ill the further carrying out of the said corrupt agreement the said MacMay- burn and the said Kirkland, for the purpose of shielding the said John. son and the said Franklin and pre- venting the punishment of the saiC Johnson and the said Franklin fol the violation of said National Pro hibition Act as aforesaid, have eyel since denied and now deny that they ever apprehended and arrested tho sid Johnson and the said Franklin as hereinaboye set forth. and b! raason of the aforesaid acts the saiC Kirkland and the said MacMayburi committed the crime of malfeasanc' in office, contrary to the form O the statutes in such cases made ant provided and against the peace anC dignity of the United States o America.