The San Francisco Call. Newspaper, October 25, 1901, Page 4

THE SAN FRANCISCO CALL, FRIDAY, OCTOBER 25, 1901. TALK ALL DAY OF GOLD SACKS, RECEIVERSHIPS AND ORDERS Amicus Curiae Pi]lsbury Presents a Strong Line of Test'mony That Will Be Relied Upon to Prove Charge of Contempt in the Cases Against Judge Arthur H. Noyes and Three Attorneys - AM C. DUNHAM, census marshal, | Of how we found and lost a mine, as rich as claim locator and poet, was on the stand yesterday during the exam- ination in the Nome contempt . cases before Commissioner I{ea- cock. Being a poet and having had some- thing happen to his claims that forcibly recalls his last name, his tale was a piti- ever found, | Or lost by any Lapp or Swede in all the coun- try round, That was the opening lament, the whole of which is told- in exactly thirty-one verses, exploiting in detail the facts that he recited on the stand in yesterday’s pro- ceedings. Dunham’s conclusion is full of Dunham has pyt his troubles | import and rare wisdom. It reads; o —— | | 3 o+ into verse and so successful was this poem that its author had fastened upon him the title of “The Nome Poet.” Of Judge Noyes Dunham had much to | say. His claims on the Topkuk were rich with gold. He was the original locator. Then they were “jumped” and the ldwyer entered into the view of things and Dun- ham is still in the throes of legal battle. After notifying the public that his poem bas been republished by request he adds thet it was “first printed about a week before his Honor took his vacation.” The opening stanzas run: Come, all you men who mush for gold—you men who break the trail— And listen while I fabricate a welrd; eventtul | tale, 3 Now I advise you men who mush—you men who dig for gold: When you have found and staked a claim you feel inclined to hold, Don’t mush‘to town and tell your friends, nor let the lawyers know, But camp right there with loaded guns and give yourselves a show, Attorneys Wrangle. So much for Dunham, whose tale on the stand is given below. Serious allegations were made by him, as well as by Judge Johnson and Samuel Knight in the dispo- sition of gold held by the recelivers of the Topkuk claims. Amicus Curiae Pillsbury has threshed out pretty much all there is in the case and will conclude his work for the Government before the day is over. The first line of yesterday’'s testimony was educed to show the knowledge on the Many Styles-=goc Our store has —the stock now represents men or boys. We have fully coming to a clothing store for t! five per cent. gradually increased the size of the hat department almost every demonstrated that men rather prefer heir hats when they can save twenty- sort of hat worn by Among the values respofisible for the growth of this depart- ment is our goc hat. t. It.comes in Derbys, pines and Graecos, in all the colors found in The satisfaction you get in wearing on you find that it wears as well as any $1.58 h: Fedoras, Crushers, Al- the expensive hats, e of these hats is when at you ever saw. Qut-of-town orders fillod—write us, SNWOOD 718 Market Street. TWO LEGAL LIGHTS AND CHIEF WITNESS IN THE NOME CON- TEMPT HEARING YESTERDAY. &3 part of Judge Noyes that the legislative act of June 6, 1900, allowe® an appeal to be taken from an order of receivership issued by a district court. Then the Top- kuk litigation and the receivership inig- uitles were again exposed to view. As the examination dragged its weary length the attorneys grew more and more acrid and at the closing hour Heney and Pillsbury clashed swords in earnest. This came so hard upon the smooth, gentle entre vous talk between Metson and Mc- Laughlin that it struck the courtroom like several kinds of lightning. Heney said to Pillsbury in regard to certain testimony: +Is this for the newspaper: ¥ Said Pillsbury to Heney: * You seem to have newspapers on the brain.” “Yes, sir, I have them on the brain from listening to your examination and it's a g00d thing I have a brain to have them on as I shall need it further on in this exam- ination.” Pillsbury was satisfied to end it then and there and Commissioner Heacock, over- come with the torrid atmosphere, dis- missed balliff. witness and all for the day. Johnson on Noyes. Frank D. Monckton, Clerk of the Circuit Court of Appeals, was put upon the stand when the court opened to testify to corre- spondence with Attorney Gunn of Nome. Monckton met Gunn and Jim Gaylen in Seattle. Gunn argued in the Circuit Court ot{dAnpesls that the order should be set aside. Judge C. S. Johnson was next called. He was attorney for the defendants in the Chips vs. Linderberg case, The ami. cus curiae began: “Mr. Metson spoke of an -interview held on July 24, 1900, with McKenzie concern- ing the Anvil Creek property.” "I learned for the first time that Me- Kenzie was appointed receiver on July 23" sald the witness. “Johnson went to Judge Noves' room to ascertain if a re- celver had been appointed. He met Dickey there and found the papers in the Chips case—a complaint and afidavit—on the desk. The papers showed no filing and he called Dickey’s attention to it: ‘I Just recefved these a few minutes ago," 8aid Dickey. I think he filed them later. I did not see bonds among the papers.” Johnson learned on Saturday, July 21, that Judge Noyes came ashore. On Mon- day he called on him and asked him when the court would be open for business, and the Judge said as soon as he returned from St. Michael. Then the old story of the two orders issued by Judge Noyes concerning the Discovery claim property and the working materials of the miners was threshed over. When Johnson asked of the court for an order allowing an ap- peal from the order appointing Mchenxle, Judge Noyes said it was a settled matter now and McKenzie would remain re- | cetver. Light Hand of McKenzie. Johnson, in a conversation with Noyes in his rooms, told some pretty plain facts about how McKenzie had promised for a | third interest in certain Topkuk claims a favorable judgment from the court, Judge | Noyes said to Johnson: SWwell, T camt let §9u prove this; I can’t let you expose or reflect the court.” i | The witness sald he certainly would ask for an order to protect his client, and then le{t Judge Noyeul. 0 n a conversation later on with Judge es the latter said to Jehnson: 2l 'm going to see if Judge Ross Is go- Ing to block this court all the time.” e | might as well have it out now. Anyway, the cases are tried by the press in San F e bond_questl e bond question came uj ain Judge Johnson' testified that l‘nlthm.xng frequent applications were made to raise the bonds in the Topkuk claims cases, the court would never allow it, On another tack, Judge Johnson sald: “Our people were not allowed at all times to be present at the clean-ups. Ap- !Jllcnuon was made to the court, but noti- ng came of it.” hese Topkuk claim cases and the liti- sation concerning them exposed many ec- centricities in the meunf out of justice by Judge Noyes. The line of testimony recited by Judge Johnson went to show - o | swered Dunham, | said if ‘we gave GENERIL NILES GHANGES GROUN ‘Will Oppose Any Effort to Repeal the Anti- Canteen Law. He Is Said to Be Trying to Raise an Issue With ‘War Secretary. —_— CALL BUREAU, 1406 G STREET, N. W., WASHINGTON, Oct. 24.—Lieutenant General Miles has again reversed his ‘views and in his annual report he will dis- cuss the anti-canteen law and oppose any effort to repeal it. Miles has been in the past one of the strongest advocates of the canteen system and.-he was largely re- eponsible for its adoption. He has changed his ground since the anti-canteen law was adopted and now argues that the army is better off without the canteen. It is sald the general hoped to raise another Issue with the Secretary of War, but he will fail. The War Department opposed the antl-canteen law, but when it was adopted it proceeded to enforce it. The only reference to the anti-canteen law made by Adjutant General Corbin in his report is that-“‘the provision of the act of Congress which pronibits the sale of beer, etc., has been carried into effect.” Secretary Root will, it is said, make no extensive discussion of the question. The Secretary of War regards his office as an executive one and having carried into ef- fect the law of Congress abolishing the canteen he will leave the question of re- sults to Congress without comment from himself. Miles may now denounce the canteen, which he was in a measure re- sponsible for, but he will not by so doing raise an issue with the Secretary of War. L e e e e e e o ol that Willlam D. Cameron was appointed receiver at the instigation of McKenzie and M. L. McCormack, who was the su- perintendent of the mines really, acted in that capacity during Cameron’s absence. The Topkuk mines yielded much gold. So far the term of the receivership shows an output of $26,000, but the attorneys for the original locators think some $100,000 or $150,000 'in. gold has been extracted’from the mine, Tale of Poet Dunham. Sam Dunham, special agent in the cen- sus office in Alaska, was next called to the stand. He was the original locator ol the four beach claims of the Topkuk broperties. “Did_you have any conversation with Judge Noyes?"” said Pillsbury. ‘“When ~ Judge Noyes arrived,” an- “I saw him to seek ad- vice on having the jumpers removed from the Topkuk mines.” Four of the locators banded in a company, and we had the jumpers removed through military pro- cess. When these guards were removed the jumpers came back on the claims. That was the condition of affairs when Judge Noyes arrived. “‘Captain Hansen, who had Keokuk claims, and myself went to gee Judge Noyes at his rooms. We met_ Archia ‘Wheeler, his private secretary. Wheeler him a half-interest he would see that things would be righted in a day. I told him a fee of $1500 would be enough, as these men were trespassers. ‘Wheeler afterward said, when he had re- turned from the other room, where he had gone for a few minutes, that we should divide the property in ten parts. ‘We then went out.” “Did you see any contract in this case after that?”’ “‘I saw a pencil draft between Captain Hansen and Archie Wheeler. It was ‘a contract between the Black Sheep Mining Company &nd Mr. TWheeler for a one- eighth interest, Wheeler to act as attor- ney.” The witness continued to recite facts of the claim-fumping. At this point Attorney Keney wanted to know the direction of Fillsbury's steering, and he soon found out. The amicus curiae replied: “We will show that McKenzle became interested in the property, secured the ra- celvership for Cameron and, through Mc- Kenzie, Judge Noyes, Stevens and Archie ‘Wheeler, worked the conspiracy. Here the morning session ended, and Sam C. Dunham, claim locator, poet and census agent, went to lunch. He opened the afternoon session. Pillsbury States His Theory, Dunham then told of his mines and the outputs. He said: “The referee in his report said that 20,- 000 square feet were worked and that 1t averaged $5 a square foot. We were never allowed to watch the clean-ups. The re- ceiver sald so long as representatives oi jumpers were not present we could not have one, We never could find out just how much was taken out in the clean- “Was this clalm worked in a miner- like manner?” said Pillsbury. “It was not.” Then followed an objection from Mec- Laughlin, which provoked the following from Pillsbury: ““My theory is that McKenzie used Judge Noyes as an instrument to carry out his urpose. .1 believe he was appointed on iy When the facts came befors Judge Noyes he suppressed them. My tEeery is that he acted deliberately to obstruct the course of justice, and the Topkuk business illustrates it.” Further argument followed and then McLaughlin took the witness. “You published something in regard to the transactions at Nome, did_you not, and they are now on record at Washing- ton?” “Yes, sir,” sald Dunham. 3 “That’s all,” was McLaughlin's end to this cross-examination. Samuel Knight was called back to the witness chair. Attorney Pillsbury ques- tioned Knight as to his knowledge of the act of June 6, ¥00, which made the ap- pointment of a receivership by a district court an appealable order. It was the in- tention of the amicus curiae to show that Judge Noyes knew of this law before the Writs of supersedeas arrived and during those times when the court refused ap- peals to be taken from his orders of re- ceiverships. “DIid_you get your property all back from the receiver?’ was the next ques- tion. “We were short just $9000, which we did not receive until after McKenzie was arrested,” responded Knight. In reference to the Geary contempt, the amicus curiae offered the testimony of Thomas Geary, taken in the McKenzle contempt case. There was no objection. John A. Lekeley. and John F. Mercer two witnesses who were subpenaed, had not yet arrived and Pillsbury offered two affidavits, but the attorneys-for the re- ondents objected. The affidavits went in ust the same. Metson and the Orders. As the respondents’ attorneys had not finished with William H. Metson, he was placed upon the stand for further cross- ‘examination. The first question asked was in respect to the two orders found by Metson not to have been filed and Me- Laughlin wanted to know if similar or- ders had not been filed in the other cases. Metson sald he did not know. The cross-examination concluded with an inquiry into Metson's state of feeling toward Judge Noyes. “'Mr. Metson,” {s it not true you have taken a great deal of interest in the prose- cution of Judge Noyes?’ querl Mec- Laughlin. "Yes, sir;” was the positive reply. our feelings for Judge Noyes are far riendly 2" They are. ‘“‘Have you spent much money in this case, I don’t mean in a legitimate way, Mr. Metson?" was softly, tenderly asked by McLaughlin, ‘‘No, sir; I have not,” came from Met- son. In the re-examination Metson testifled that before the trouble In Nome he and Judge Noyes were on such soclal terms as lawyer and court ordinarily are in a community like Nome and that he had :m:xnuked Judge Noyes to dinner with “‘What did Judge Noyes do about the pencil markings on the orders when you g.-d}:g“hll attention to them?’ queried o ofll:?ns that I know of,” sald Met- son. . » o .Aynd here the case went over until to- n k ADVERTISEMENTS. 1901 PAN-AMERICAN EXPOSITION PAM- AMERICAN AND DIPLOMA AWARDED TO Mellin's Food PAN - AVMERICAN £XPOSITION 199] PAN-AMERICAN EXPOSITION 190l POLITICAL. POLITICAL. = = HON. SAMUEE M. SHORTRIDGE Will Discuss the Issues of the Campaign ——AT— METROPOLITAN TEMPLE, TO-MORROW, Saturday Evening. M. L. ASHER, Chairman Republican Campaign Committee. P. H. PRENDERGAST, Secretary. FOR MAYOR, ASA . WELLS. REPUBLICAN NOMINEE. For. CITY ATTORNEY, JudgeJ.E.Barry Regular Republican Nominee. For Tax Collector, Edw'd J, Smith Republican Nominee. i YIM, VIGOI al’ul'fllum MORMON BISHOP'S PILLS have been In use over fitty ears by the leaders of the ormon’ Church and _ their followers, Positively cure the worst cages in old and_young ing from effects of self: tion, excesses or Sannood, T o3, - Lort mpotency, Lo Power, Night Losses, Tnse nia, Pains In Back, Evil Desires, Lame Back, vous Debility, Headache, Unfitness to Mar- of Semen, Varicocele or Cone top Ner vous Twitching of Efleau are im n ery ry, Loss stipatiol Ey"x:l.ldl rtv rantee to cure or boxes, Circulars free. EDY CO., 40 Ellis_st. Ban Francisco, GRANT DRUG CO. and 40 Third st. DISCOVERY FOR THE BLOOD.LIVER.LUNG! o . e +».. FOR,.. MAYOR, | JOSEPHS. TOBIN DEMOCRATIC NOMINEE. VOTE FOR JOHN FARNHAM PUBLIC ADMINISTRATOR. REPUBLICAN NOMINEE. VOTE FOR P. BOLAND, Democratic Nominee for PUBLIC ADMINISTRATOR (Incumbent.) UNITED STATES BRANCH. ‘'STATEMENT ~—OF THE— CONDITION AND AFFAIRS London 'Asmg_urance Corporation (INCORPORATED A.D. 1720) F LONDON, ENGLAND, ON THE 3IST day of December, A. D. 1%00, and for the year ending on that day, as made to the In- surance Commissioner of the State of Califor- nla, pursuant to the provisions of Sections 610 and 611 of the Political Code, condensed as per blank furnished by the Comimissioner: ASSETS, Cash Market Value of all Stocks and Bonds owned by Ct 1990973 75 233,419 87 Interest due and accrued on ail Stocks and LOADS.........ose.ccoceo. 5,589 59 Premiums in due Course of Collec- tion ... 201,267 22 Bills recelvable, not matured, taken for Fire and Marine Risks... 327 Due from other Companies for surance on losses already paid. Total Assets . LIABILITIES. Losses adjusted and unpeid.......... . $33,801 00 Losses in process of Adjustment or 14,514 81 447,677 06 0 SUSDENSE .ovvovveszerereeeene 51,306 00 Losses resisted, including expenses.. 11,100 00 Gross premiums on Fire, Risks run ning one year or less/ $610,792 69 reinsurance 50 per cent. 205,396 35 Gross premiums on Fire Ri ning more than one year, 380, 801 13; reinsurance pro rat 436,525 85 Gross Premiums on Marine Time reinsurance 50 . %3813 v the nsured on perpetual Fire Insurance pol- icies. 14 30 All oth 98,405 20 $1,083,667 33 Total Liabilitles ......cccaneuansss INCOME. Net cash actually received for Fire premiums & Recetved from all other source: Total Income .......... EXPENDITURES. Net amount paid for Fire Losses (including $. 1 of pre- Net amount pal (including 3.... vious years) oooecsieer BRTEL Paid or allowed for Commission B rokerage . ceveonses 201, Pald for Salaries, Fees and other .. ges for offiders, clerks, etc 3,627 83 Natfonal and Local ures Char Paid for State, taxes 44,579 32 62,301 68 Total Expenditures .. 1,106,538 % Losses incurred during the year..... $721,343 45 OCEAN TRAVEL. Pacific Coast Steamship Co. Steamers leave Broadway Wharf, San Francisco: For_Alaskan parts—i1 a. m., Oct. 3, 8, 13, 18, 23, 28, Nov. 2. Change to company’s steamers at Seattle. For_Victorfa, Vancouver (B. C.), Port Townsend, Seattle, Tacoma, Everett and New Whatcom (Wash.)—11 a. m., Oct. 3. 8, 13, 18, 23, Nov. 2. Change at Seattle for this company’s steamers for Alaska and G. N. Ry.: at Seattle or Tacoma for N. P. Ry.; at Vancouver to C. P. Ry. For Eureka (Humboldt Bay)—1:30 p. m., Oct. 4,9, 14, 19, 24, 29, No For San Diego, stopping only at Santa Bar- rt Los Angeles and Redondo (Los An- teamer Santa Rosa, Sundays, 9 a. m. State of Californ Wednesdays, 9 a. m. For Los Angeles, calling at Santa Cruz, Mon-~ terey, San Simeon, Cayucos, Port Harford (San Luis 'Obispo), Gaviota, Santa Barbara, Ven- tura, Hueneme, East San Pedro, San Pedro and *Newport (*Corona only)—Steamer Corona, 9 a. m., Saturday, Nov. 2, and every Saturday thereafter. Steamer Bonita, Tuesdays, 9 a. m. For Ensenada, Magdalena Bay, San Jose del Cabo, Mazatlan, Altata, La Paz, Santa Rosalia and Guaymas (Mex.)—10 a. m., 7th each month. For further information obtain the company's folders. The company reserves the right to change steamers, salling days and hours of sailing, without brevious notice. TICKET OFFICE — 4 New Montgomery street (Palace Hotel). GOODALL. PERKINS & CO., Gen. Agents. 10 Market st., San Francisco. O.R.&N. CO, Omnly Steamship Line to PORTLAND, Or., And Short Rail Line from Portland to all points East. Through tickets to all poin il or steamship and rail, = 1 ra t oV RS STEAMER TICKET3 INCLUDE BERTH and MEALS. 2 §S. COLUMBIA Salls sS. G DE: Oct. EO. W. ELI £ Nov. 4 ¥, 24 Sails Oct.” 30, Nov. Gen.Agt.1 Montgm'y, TOYO KISEN KAISHA. STEAMERS WILL LEAVE WHARF, COR- ner First and Brannan streets, at I p. m. for YOKXOHAMA and HONGKONG, calling at Kobe (Hiogo), Nagasaki and Shanghal and connecting at Hongkong with steamers for Indla, etc. No cargo received on board on day of sailine. SS, HONGKONG MARU.. .Saturday, Novembe: SS. NIPPON MARU. Wedn SS. AMERICA MAR - .. aturday, January 4, 1902 Round-trip tickets at reduced rates. For freight and passage apply at company’s office, 421 Market street, cormer First. V. H. AVERY. General Agent. day, AMERICAN LINE. NEW YORK, SOUTHAMPTON. LONDON, PARIA, Stopping_at Cherbourg, westbound. York Wednesdays at 10 a. m. ov. 6| Haverford ov. 13| Philadelpht Nov. 20| St. Paul... RED STAR LINE. New York and Antwerp, From New York Wednesdays at St. Paul.. Friesland Nov. 6 Haverford Nov. 71 Southwark ......Nov. 13| Zeeland Dec. 4 sVaderland Nov. 20{Friesland Dee. 11 *Stopping at Cherbourg, eastboun: INTERNATIONAL NAVIGATION €O., CHAS. D. TAYLOR, General Agent Pacific Coast, 30 Montgomery st. PAGIFIC STEAM NAVIGATION GO, And Cia Sud Americana de Vapores To Valparalso, stopping at Mexican, Central and South American ports. Sailing from How- ard 3, Pler 10, 12 m. LOA . .Oct. 6|PALENA . 3 PERU Nov. 9(COLOMBIA 7 These steamers are built expressly tral and South American passenger (No changes at Acapulco or Panama.) Freight and passenger office, 316 California street. BALFOUR, GUTHRIE & CO., Gen. Agents. ZEALAND ix0 SYDNEY, occm s's‘c.’ DIRECT LINE To TAHITL 8. S. SONOMA, for Homolulu, Samoa, Auck- land and Sydney...Thursday, Oct. 24, 3 p. m. S. AUSTRALIA, for Tahiti. - Nov. Dec. r service. WAWAIL, SAMOA, NEW STEAMSHI? PANAMA R. R, iR TO NEW YORK VIA PANAMA DIRECT, Risks and Premiums.| Firs Risks. | Promiums, Net amount of Risks written during the| Nox gt of Riska| | | L0883 00 expired during the Not am e TheMas 7,918 13 December 31, 1900..| 163,096,811 | 1491777 g2 MarineRisks. | Premiuma, e [ Frentens. Re $I0L956,781 | 040,502 34 expired during Net amount in force December 31, 1900. 99,828,852 635,137 54 8,308,264 .38 13 CHARLES L. CASE, Subscribed and sworn to bef. : day of January, B0 BMIL Frmiy, S Notary Public, PACIFIC COAST DEPARTMENT, 221 SANSOME 8T., San Francisco. GEO. F. GRANT Manager, Cabin, $105; Steerage, $40; Meals Free. 8. 8. Leelanaw sails Wednesday, Oct. 30 8.8.Argyll sails Saturday, Dec. 7 8. 8. Leclanaw sails From Howard-street wharf (Pler 10) at 2 p m. Freight and Passenger Office, 380 Market st. F. F. CONNOR, Pacific Coast Agent. COMPAGNIE GENERALE TRANSATLANTIQUS DIRECT LINB TO HAVRE-PARIS, Salling every Thursday instead o!fl Satu 1y, at 10 a. m., from pier 42, North River, foot of Morton street. First class to Havre, 370 and upward. Second class to Havre, 34 and upwa GENERAL AGENCY FOR UNITED STATES and CAN- ADA, 3 Broadway (Hudson building), New J. F. FUGAZI & CO., Pacific C0.= ts, § Montgomery avenue, San Francl 1 Rallroad Ticket Agen ——— - BEAY AND RIVER STEAMERS FOR U, S, NAVY YARD AND VALLE)) Steamers GEN. FRISBIE or MONTICELLO 9 a. and $:30 .. except o o m., B0 5. e Leaves 12:30 noos 3 . m., 4:15 p. cents. Telephone Main 1508. Land! office, pler Mission-st. doeck. BROS. BAJA. CALIFORNIA Damiana Bitters ‘E A GREAT ‘;{.EI’I'DRA’HVI. INVIGORA- tor and Nervi ‘The most wonderful aphrodisiac and Special Tonic for the Sexual O y for both sexes. The Mexican Remedy !o' Discases Kid- neys and Bladder. Sells on its ovnon'u‘r.l'u . 13 Market st 5 P m(ond S e,