The San Francisco Call. Newspaper, January 7, 1902, Page 12

12 MESSENGER BOYS 60 ON STRIKE California Company Lads Object to Rate of THE SAN FRANCISCO CALL,- TUESDAY, ;I'ANUABY 7, 1902. NOME CONSPIRATORS CONDEMNED BY CIRCUIT COURT OF APPEALS Judge Noyes Held to Be Guilty of Attempt to Loot Mines, but Light Sentence Is Passed Upon Him and His Confederates. - Penalties. “Kid” Lewis Claims They Are Too Sporty at the . Races. All the boys of the California Special | Messenger Service went on a strike yes- nine of them in all y that they will not work until “Kid” Lewls, the of the company, grants them a number of tonc: ions. They first demand that all fines that tave been charged up against them be ped book, and, secondly, that p ef penaities be cut in does not show up for he " day is at_present The boys ut in haif. rsleep themselves they ts per hour every hour nk that 15 cents | appropriate fig- | ys that he will sub- if *‘de gang” will n Lewis sa figures | Should he lower | boys must in the | h lower than the | rnia Special Mes- | f the strikers, getting a square deal, all_the time | The Kid’ is all he has been making work until we have out a storm of ap- of the boys. They ve already, e blished pickets, and woe betide any boy ‘who attempts to take their ces, Lewis was seen at the company’s d_just returned from carry- ge and was answering calis, get 1o help. boys making too - much d. “They are too.sporty, do anything with them. them. $1 they don’t carve, but | | the. track every afternoon, strike is ‘on. a3 we have ing for two years and every- till the present has been harmo- _are te hour last evening both sides t outs and there was no pres- | » early settiement MRS. REEVES ATEKINSON | 1 COMMENCES HER DEFENSE | A Former Patient Testifies That the | Sanitarium Was as Quiet as | a Church. | the case of Mrs. Reeves | | charged with | | pe of a | | batteries | | v afternoon, | | Ella Fraser, who She testified that in the institution was as qulet as no disturbance e vh woman suf- prostration | [ was w de_her leave. The trouble, the wi‘ness convalescing she the 3 with other pa- | ghbors wied to poke fun her story. | B NITED STATES CIRCUIT JUDGE MORROW ‘and United States District Judge de Haven ——— ONA SOCIETY WOMAN SUCCUM. BS TO PNEUMONIA Mrs. B B. Gagre, Wife of Prescott Banker, Dies at the German H¢ spital. wife of a rich mining | Prescott, Ariz., and States Circuit Court of Appeals yesterday morning in the presence of a large crowd of spectators, who had as- embled for the purpose of hearing the de- on of the court in the Nome contemp: cases. Judge Morrow made the announce- ment that United States District Judge Arthur H. Noyes, United States District Attorney Joseph K. Wood and C. A. S Frost, special examiner for the Depart- ment of Justice, been found guilty contempt, and that Judge Noves had. been sentenced to pay a fine of §16)0, District h pneumonia Qace a Sorosis Wearer, Always a Sorosis Wearer One pair of “SOROSIS” Shees will win H uou for life. Its degree of comfort is greater than that of other shoes: its grace and beauty exceed those of other shoss, and its stple is paramount and instantly recognizable. The conquest ' of : $3.50 ” Only to b= had at W ! Second Shoe Store 50 THIRD ST., San Francisco, | from Market §t. | 1#AIL ORDERS SPE”IALLY SOLITITED AND PROMPTLY ATTENDED 10. is the con- quest of ths world. Per Pair. - — B e R pm— A A\ = A ——om=" e — DB A“:‘ ZL T - opened the session of the United | was taken by | Attor Wood to suffer an imprisonment ! y from the Pai- | in the Alameda County Ji for --four i been a guest | months and Frost to suffer prison- hospital. She-| ment of twelve months in the same her relatives ". J. Heney asked for and ' obtained sk ,notified and were at | leave to apply for a writ of certiorari.on he timse of her death. Mrs. | behalf of hi lient, Frost, and was given 1 be & 3ken to Arizona for | thirty days’ time in which to’ do so. | Judge Gilbert's opinion covers thirty- i - S THE DISGRACED JUDGE AND HIS 'GUILTY ASSOCIATES IN CONTEMPT. % % 7 . — six pages of typewritten matter and con- tains 12,000 words. The first part of the opinion deals with the history -of the af- fair and the events leading Ap to the ai- leged contempt of court, as shown by the -vidence in‘ the various cases. In'com- renting upon' the Noyes case Judge Gil- bert said: The record and the evidence of these pro- ccedings show from first. to last upon _the; part of Judg = an apparent disregard of ihe legal rights of the defendants in the cases in which McKenzie was appolnted recefver. The proceedings upon which the receiver was appointed were extraordinary in the extreme. Boasted He Ccntrolled Court. Immediately “after his arrival at Nome “in company with the man who, it seems, had gone to Nome. for the ‘express purpose of.entering into the receivership business, and who boastad to others that he had setured:the appointment | of the Judge, and that he controlled the court: and its officers, upon papers which had not as | vet been filed, before the issuance. of. summons and before the execution of receiver’'s bonds, without notice to the defendants, without af- | fording them an-opportunity to be. heard, Judge Noyes wrested from them their mining claims, of which they were. in the full possessiom; the. sole value of which consisted of the gold dust which they contained and which ' lay- safely stored .in the ground, and placed the claims in | the hands of a recelver with ‘instructions to ! mine-and operate the same, and this without | were *‘gutted. 4 °Pey the writs, however, we should hesitate to ; was in direct violation of the Code any showing of an equitable'nature to indicate the necessity or.propriety of the recefvership or the necessity for the operation of the mines by a receiver, in order to protect the property or to prevent its injury or waste: When tte | defendants undertook to appeal from these or- ders their right of appeal was denled them. The receiver o appointed was permitted to go on and mine- these claims on an extensive scale and extract from them thelr value. Ac. cording to the testimony some of the mines The appointment of the recelver was, in the case of Chipps vs. Lindeberg, almost’ imme- dlately’ followed by an_ order authorlzing the recelver to take into his. possession’ all- the personal property of the defendants which was found upon' the clalm, including their provi- sions, ‘tools and tents. Order Baffles Understanding.’ The order so made was so arbi- trary and so unwarranted'in law as to baffle the mind in its effort to comprehend how it could have issued from a court of justice. The appointment of the recelver In each case of Alaska, under which the court was organized. % * + When the defendants finally established their title to the property by the verdict of a jury, and the receiver was discharged, his account showed that he had taken out of the mine $30,- | 000, while his expenses Were largely in excess of that amount. The owners contended that he bad taken from the mine more than $200,000. Upon & reference of the receiver's account to a referee appointed by Judge Noves, it was found that the receiver had taken from the mine $100,000 and that his expenses.were no more than $36,000. The evidence shows that neither the receiver nor his bondsman have any property which can_ be found to apply upon this large deficit of $65,000. * * * Had Noyes done nothing further' than!to re- fuse to make an order directing the receiver. to hold his refusal to be contempt of court. But {he went further than that. | Makes His Purpose Clear. Not only did he refuse to make the order, but apparently fearful that the defendants in those cases were about to obtain possession of the gold dust under the writs, he lssued to the marshal and to Major Van Orsdale directions to hold things in statu quo, and couched his directions in words which, upon their face and unexplained, we can construe nothing otherwise. than as meaning that his purpose was to pre- vent ‘the delivery of the gold dust to the de- } fendants or to any ome. * * '* In arriving at the conclusion which we have reached in this case we haye not failed to recognize the serougness of the charge of con- tempt when laid at the door of a judge of a court, nor-the nccessity of maintaining a due regard for the judicial discretion which be- longs to that office. It is essential, however, to the administration of justice that the pro- cess ‘of courts be obeved. Upon no one does this obligation restwith more, binding force than upon a judiclal officer. The respondent, Arthur H: Noyes, s adjudged guilty of con- tempt of' the authority of this court by his resistance to the execution of its writs of su- persedeas. In view of the fact that he holds | & public office: it Is the opinion of the court | that the respondent be required to pay a fine. | Tt is ‘accordingly adjudged that he pay a fine | of $1000. : | ' The case of Thomas J. Geary is then taken up and the evidence traversed, aft- i er which Judge Gllbert says: Charges 'Against Geary Dismissed. We think that upon due consideration of the whole of the evidence against the respondent, Geary, there 'is not sufficlent to convince us beyond . a .reasonable doubt that he has been guilty of- contempt of the court. The charge against him will, therefore, de dismissed. The case of United States District At- torney Joseph K. Wood is next consid- ered, and the opinion in his case is as fol- lows: We think the evidence fully sustains the charges against the respondent, Wood, and indicates upon his part a hos.ile att'tude toward |/ the officers of this court, whose duty it was to enforce the writs of supersedeas and a dispo- sition to willfully obstruct them in the per- formance of their duty. We are disposed, how- eyer,. in dealing with his case, to take into con- sideration the nature of the averments of his | answer upon the order to show cause and the | apology which he subsquently made to this court. It is the judgment of the court that the respondent, Joseph K. Wood, is gulity of contempt of the lawful orders of this court. ‘and that he be imprisoned in the County Jail of Alameda County, Cal., for the period of four months. The case of C. A. S. Frost comes next. .Judge Gilbert says: The whole of the evidence concerning the cuse of Frost convinces us beyond any reasona- bie doubt that he not only ailded and abetted to the utmost of his power the efforts of Mc- Kenzie to obstruct the expcution of the writs of supersedeas. but that,/in his official ca- pacity, he grossly betrayed the interests of the United States which -were intrusted to his care. Frost Gets Year in Jail. The respondent, C. A. S. Frost, is adjudged to be In contempt of: the lawtul orders of this court, and for"his contempt it is the judgment. of the court that he be -imprisoned in the County Jail of Alameda County, California, for a veriod of twelve monthe. Judge Morrow's opinion is as follows: 3 1 concur in the findings of fact contained in COUNTY LOSES IT5 WATER 31T Judge Morrow Decides in Favor of Irrigation Company., Says Board of Supervisors Should Consider Cost of Works. United States Circuit Judge Morrow handed down a decision yesterday in the _case of the San Joaquin and Kings River Canal and Irrigation €ompany vs. the County of Stanislaus and its Board of Supervisors. .The decision is in favor of the complainant. This was a suit in equity brought Sep- tember 29, 1896, to enjoin the defendants from enforcing the order of the Board of Supervisors of Stanislaus County fixing water rates to be charged by the som- plainant and to declare such order null and void. In its complaint the water company alleged that its property was of the value of $1,000,000 and its right of ap- propriation $500,000 more, and that the new rate if enforced would not allow the com- pany to realize more than $40,000 per an- num gross, which would be less than 1 4-5 per cent of the whole value of the prop- eray, exclusive of the value of the right of appropriation. The defendants In their answer deny that the company had the right of ap- propriation or that its property was ever of greater value than $251,000, and deny that the capital stock was of any greater value than $3 per share. They aver that the company has been colleciing an in- come for the past nine years averaging 9 per cent upon the value of the plant, and in some instances as high as 14 per cent, and that the firm of Miller & Lux, of which the water company’s president was @ member, had received water for several thousand acres free of charge. Judge Morrow decided that the com- plainant had waived its right to secure an income of 1% per cent per month by not making rates to secure that income dur- ing any part of its term of existence prior to the passage of the act of 1855, this act providing that the net annual receipts as adjusted by the Board of Supervisors shall not be less than 6 nor more than 18 per cent per annum. Judge Morrow finds, however, that the Supervisors gave no consideration to the evidence showing the amount of capital actually paid into. the corporation or the actual, reasonable or proper cost of the works. Judgment is therefore given for the complainant. CARROLL COOK NAMED AS PESIDING JUDGE Jurists of the Superior Court Fail to Select New Lunacy Com- missioner. At the annual meeting of the Superior Judges, held yesterday at the City Hall, Carroll Cook was elected Presiding Judge, vice Judge Dunne, term expired. There ‘was but little other business transacted. Several ballots were Judges on the names of Dr. burger and Dr. C. D. McGettigan for the position of Lunacy Commissioner, but no selection was made, as each of the candi- dates received six votes. The matter was finally referred to Presiding Judge Cook and Judge Hebbard. Hebbard is a stanch friend of McGettigan, and as he handles all insane cases it is conceded that Dr. McGettigan stands a good show to get the | appointment. No changes were made in the inter- preters’ staff, though an attempt was made to declare the position of German interpreter vacant. There are three appli- cants for the place. Judges Hunt, Sloss and Kerrigan were appointed as a board to revise the rules of the court. The next meeting will be held January 24. - GOLF GIRLS QUALIFY FOR COUNCIL'S CU?P Tight Ladies Will Play in Opening Matches To-Morrow on Pre- sidio Links. Eight members of the ladies’ annex of the San Francisco Golf Club entered the qualifying rounds, over eighteen holes, medal play, yesterday for the fifth com- petition for the Council’s cup for women. 'They went around the course paired as follows: 3 Mrs. R. G. Brown and Miss Alice Hager: Miss Alice Hoffman and Miss Frances Carroll; Miss Edith Chesebrough and Miss Ella Morgan: Miss Florence Ives and Miss Sarah Drum. As only eight competitors- appeared all qualified and will take part in the open- ing match play round on Wednesday morning, beginnig at 9:30 o’clock. The best score for eighteen holes was made yes- terday by Mrs. R. G. Brown, 101, her score by rounds being 50, 51. Miss Alice Hager's 48 was the best for a single round, but 5 for the second nine holes brought her total up to 103. Miss Hoffman made the two rounds in 104. The draw for the first match to-morrow brought the following players together: Miss Alice Hoffman and Miss Frances Car- roll; Miss Florence Ives and Mrs. R. G. Brown: Miss Alice Hager and Miss Ella Morgan; Miss Edith Chesebrough and Miss Sarah Drum. s e Evidence of Continued Prosperity. The constantly increasing demand for Pank Checks, Letter Heads, Bill Heads, ctc., is a sure indication of continued pracperity in the business world. To meet this _increased demand THE UNION L-THOGRAPH COMPANY of 3% San- some street, who make a speclalty = of this class of work, have found it neces- sary to double their facilities and are be- ginning the new year with one of the most complete plants for the production of Commercial and Bank Supplies on the Pacific Coa: —_— e In the Divorce Court. Divorces were granted yesterday to desertion, Willlam R. Delzelle from Kittie G. Delzelle for extreme cruelty and Mat- tie Wetherholt from James H. Wether- holt for desertion. A suit for divorce was filed by Nanétte W. Nahl against Perham ‘W. Nahl for cruelty. —_————————— Corset Specials for This Week. . Sapphire corsets, $2.50; Royal Worcester corset, black, $1.% quality, 6. All cor- sets fitted. Chester: F. Wright, 8 Geary st., cor. Kearny, first floor upstdirs. * L e e e suance of a corrupt ccnspiracy with Alexander McKenzie and with .others, not before the court, and therefors not necessary to be named, by which the properties involved in the suite mentioned In_the opinion, among other properties, were to be wrongfully taken, under the opinion of Judge Gilbert in the cases of Arthur H. Noyes, Joseph K. Wood and C. A. 8. Frost. I am ‘also of the opinfon that the evidence does not establish: the charge against Thomas J. Geary. In my judgment the evi- dence establighed the fact ‘that there was a conspiracy between. the respondent” Noyes, Mc- Kenzle and dthers to secure ‘possession of cer- tain valuable mining claims at-Nome, Alaska, undér proceedings involving. the appointment of a receiver, for the purpose ‘of working propertlés ‘and ‘obtafning the gold deposited in the claims. Fo carry these :proceedings to a supposed successtul ‘conclusion, Noyes, McKen- zie and othérs found it a necessary part of their scheme to. resist the process of this court. In pursuance of this conspiracy, the contempt charged against Noyes was’ committed: but I agree with Judge® Gilbert that this conspiracy Is outside the charge of contempt, and in view Judicial position, I concur in his judgment that {he respondent ‘be réquired to pay a fine of Thinks Punishment Inadequate. Judge Erskine M. Ross filed the follow- ing opinion: The findings offact in the cases of Arthur H. Noyes, Joseph K. Wood and C. A. 8. Frost em- bodied in the foregoing opinion of my brother Gllbert to the effect that each of these parties | committed the contempt alleged against him meets with my concurrence; but I am of the opinion that the records and evidence,in the case show beyond any reasonable doubt that the circumstances under which and the pur- poses for which each of those persons commit- ted the contempt alleged and so found were far graver than is indicated in the opinfon of the court, ‘and that the punishment awarded by the court is wholly inadequate to the gravity of the offenses.. I think the records and evi- dence show Vm clearly that the contempts of Judge Noyes Frost were committed in pur- the | of the fact that the respondent Noyes holds a | the forms of law, and the proceeds thereof ap- propriated by the conspirators. For those shocking offenses it Is apparent that no pun- ishment that can be lawfully imposed in a contempt’ proceeding is adequate. But a rea- sonable imprisonment may be here imposed, and I am of the opinion that in the case of the respondent Arthur H. Noyes a judgment of im- prisonment 'in_a county Jjail for the perfod of eighteen months should be imposed and in the case of Frost a like imprisonment of fifteen months. Wood’s Sentence Too Light. The facts and circumstances agafnst the re- spondent Wood are by no means so strong—al- though I find it difficult, if not impossible, to reconcile his lgnorance of and _disconnection With the conspiracy with the facts that im. mediately upon his arrival at Nome he was Kenzie's dictation given a_one-fourth in- térest in the firm of Hubbard, Beeman & Hume (which firm was employed to carry on the legal part of the nefarious business) and that Hume (who Was, .50 far as appears, a total stranger to Wood) was likewlse at M- Kenzle's dictation immediately appointed by Wood Assis stant United States Attorney. I think ‘Wood' should be imprisoned for ten months. to the respondent- Geary, In . I agree with the finding of the court to the effect that the contempt alleged against him is not suf- | there R ZOPYRIGHT 1908 B THE PROCTER.4 GANBLE €O. CINOINNATY e e st S——— A LITTLE BIG WASTE. [NGUISH between econcmy and wisdom. my, but it is scarcely wisdom. In the same = way, doing without Ivory Soap is economy but it isn’t wise; your risks are greater than all possible saving. Every cheap soap contains free alkali. Now, free alkali will eat its way through the new oil cloth on the kitchen floor. Imagine, then, what it will do in a single Monday’s wash- ing! Is such economy wise? PREPARKTIONS O FUNERA Body of General Sea-| mans to Arrive Here Thursday. | i The train bearing the casket containing | the body of Adjutant General W. H. Sea- mans will, arrive here at 4:15 p. m. on| next Thursday. A committee from 'tae Governor's_staff will proceed to Sacra- mento in ample time to act as escort from the State capital to the bay. Yesterday there was a conference at the | Palace Hotel and general arrangements | for the funeral were made by Governor | Gage, Major General Dickinson and Col- | onel A. D. Cutler.. The casket will be taken to the armory of the National Guard on Ellis street and the bedy will lie in state until Sunday. The | funeral next Sunday will be conducted by | George H. Thomas Post, G. A. R., Colonel A. p. Cutler, commander. The ceremonies | will take place at Armiory Hall. The in- terment will be in Thomas 'Post I;lnt. National Cemetery. Major General Dick- inson, division commander of the National Guard, will _have charge of the military featuras of the ceremony. All the troops of the Second Brigade, together with the Nayval Reserve men, will form the pro- cession to the cemetery. Special orders No. 7 from the headquar- ters of the Army and Navy Republican League thus announce’ General Seamans’ death: [Special | Order: SA It is With regret that we anmounce to the Army and, Navy League the death of our com- ‘mander in chief, General W. H, Seamans, in Washingtot:, D. C., January 3. 1902. sle was elected ccrmmander in chief August 27, 1888, and as sich rendered energetic services in the campa’gns of 1808 and 1900. He served in the Civii War as captain of Company K. Thirtieth Mpssachusetts Infantry, and was a member of George H. Thomas Post No. 2, Grand Army of the Republic. As a man he Was of brilliant mind, high social qualities, soldierly, bearing, most courtly manners and kindly dfsposition, ever ready to extend a heip- ing hand. As a public servant he was con- secrated and competent to his duty: and as a citizen, husband and father he was exemplary, 0od and true. EOFo his bereaved widow and family we extend the condolence and sympathy of all comrades of his late command of this league. The usual badge of mourning will be dis- played thirty days by all camps. All members ar» requested to attend the obsequies to be held in San Francisco, Sunday, January 12, e, 0 Sinetar: ANDREW G. MYERS, Commander in Chiet. J. MURRAY BAILEY, Adjutant General, LAST OF BLYTHE BLOCK - IN HANDS OF SYNDICATE Section West of Brooke Street to Grant Avenue Deeded to Bank- ers’ Investment Company. A final deed to .the remainder of the Blythe property on Market and Geary streets and Grant avenue was transferred by de>d yesterday by Florence Blythe- Hinckiey-Moore to the' Bankers' Invest- ment Company, which has already - ac- Quired the major portion of the prop- ortv. The parcel disposed of yesterday Harrlet Jeffers from Frank G. Jeffers for | consists of that portion embraced be- tween Brooke, Market and Geary streets d Grant avenue. m}rne consideration named in the deed is $1,250,000.. Mrs. Moore receives in cash 3750, and the Bankers' Investment Company assumes a_mortgage of 300,000 held by the Mutual Life Insurance Com- pany of New York. This gives a clear title to:all the property in the block to this company except that owned by the Adams & Kibbe estate and the Mutual Savings Bank. Steps to improve the property. it is said will be undertaken at once. —_————————— RUSSIAN AND GREEX CHRISTMAS COMES TO-DAY They - Celebrate Solemn Services at Their Church on Powell Street. Russian and Greek Christmas eve ser- ~vices were held last evening in the Rus- slan-Greek church on Powell street, be- tween Filbert and Unlon. Christmas, ac- cording to the old calendar which is ad- hered *to by . these two natioms, falls twelve days after the Christmas of other nations: The church was beautifully decorated with Christmas trees and the altar was. a myriad of colored lights. A large num-, ‘ber of the congregation was on hand to participate in the services. Bishop Tik- hon officlated. He was assist by the | ‘Rev. Father Theodore Pashkov the Rev. Father John Shami. ~vices will be held this morning at 10 o'clock. }x What has worn. well and lasted long must be good. ‘This is Nature’s law and ap- pliestoall things. As against the claims of transient com- SV J9 petitors and imitators the POLICE CATGH MORE ROBBERS” Alleged Assailant of M. G. Sears Put Be- hind Bars. —_—— Jamed Wilson, a wireworker, lving at 2615 Leavenworth street, while om his way home between 1 and 2 o'clock yesterday morning was held up by two youths on Montgomery avenue, between Francisco and Bay streets. One held a revolver | pointed at Wilson’s breast while the other went threugh his pockets, taking $3 and his gold watch and chamn. He recognized them as Emil Basso and Hans Miller, the latter being known to the police as a bay pirate. He notified the police of th& rob- bery, and about noon yesterday Policeman Connor arrested Basso and Miller on Broadway and booked them at the City Prison on a charge of robbery. M. G. Sears of, the firm of Sears & Foley, saloon-keepers, 201 East street, swore to a complaint in Judge Mogan's court yesterday charging John Sheehdn, known as “Whistling Jack,” with rob- very. Sheghan bad been arrested Satur- day night by Detectives Egan and Freel and was yesterday booked on the charge at the City Prison. Sears shortly after midnight November 24 was in the saloon when three men entered. While he was drawing a glass of beer he was struck from behind and knocked senseless. When he recovered consclousness the lights were out and he discovered that 3220 that had been in a cigar box uncier the bar had been stolen. He declares that he is sat fied Sheehan is one of the men, but Shee- han‘emphatically denies it. William Kiley, a marihe fireman from Seattle. was attacked and . knocked down by a crowd of boys on Stevenson street between Fifth and Sixth, with the Intention, he thought, of 1obbing him. His cries attracted the attention of Police- men Clancy and Driscoll, who caught three newsboys, John Crowley, John Dunn and Thomas Whittman, as they ‘were running away from the scene. Kiley could not identify them and they were booked on a charge of vagrancy. They appeared before Judge 'Mogan yesterday and were convicted. They will be sen- tenced this morning. Kiley was under the influence of liquor and had $160 in his pockets. Two of the bcgys have been in trouble before. ADVERTISEMENTS. I Birdseye Maple, Oak or Mahogany, suitable tor ba /-window or corner........51.88 We make a specialty of fur- mshxqg homes, flats, hotels and rooming- houses. Let us estimate the cost for you. Special after- holiday reductions in all depart- ments, Credit if you wish. We close at 6, except on Saturday. T. BRILLIANT FURNITURE CO., 338-342 POST STREET, Opposite Union Square. ficlently established. Reading and considering Geary's entire testimony and especially his written opinfon given McKenzie at til time of the occurrences in question, and in the light of the testimony of Mr. Metson, 1 am of the opinion that it is not’shown that he 'went be- yond the legitimate privileges of an attorney in giving his legal advice. T therefore ccmeur in the dismissal of the proceedings against him. | _Judge Noyes is seriously ill in t Nicholas Hotel, and United States Dis- itrict ' Atforney Wood is visiting his; sick | wife in ‘Missoula, Mont s LIEBIG....... 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