ere was something to be
admired in the bold dash and forceful ability of the arch conspirator.
Alexander McKenzie might have reigned supreme until the successful
realization of the scheme or conspiracy had he been assisted by a more
efficient and less bungling corps of lieutenants.
Judge Noyes, having given a scant day's notice to the bar, departed from
Nome in August, 1901, adjourning his court until November, and leaving
legal matters in a state of great confusion. The favored, however,
immediately prior to his departure, had obtained his ready signature to
various orders and injunctions; and shortly before the vessel weighed
anchor there was a stream of small boats plying between the shore and
the maritime court, whose passengers were obtaining what came to be
known as "deep-sea injunctions." As a result of a number of conflicting
orders which Judge Noyes had made pertaining to a certain disputed
mining claim, a body of masked men some time later endeavored by force
of arms to drive away the parties in possession, in consequence of which
there was bloodshed and enrichment of the hospital.
Two petitions--one from the general public, the other from the
lawyers--were sent to the President seeking the removal of Judge Noyes
and the appointment of a suitable man in his stead. The latter petition,
signed almost universally by the bar, characterizes Judge Noyes as
"weak," "vacillating," "dilatory," "careless," "negligent," "partial,"
and "absolutely incompetent." It should carry additional weight by
reason of the moderation of its language. In September, having received
his instructions through Attorney-General Knox, Judge Wickersham, of the
Third Judicial Division of Alaska, opened a term of court during the
interregnum period; and, having entered upon his duties with ability and
despatch, soon gained the confidence of the community by a number of
prompt, clear-cut decisions.
The United States Circuit Court of Appeals, on the sixth day of
January, 1902, filed its opinion and judgment in the contempt cases of
Arthur H. Noyes, C.A.S. Frost, Thomas J. Geary, and Joseph K. Wood. The
opinion of the court was delivered by Judge Gilbert, and there are
concurring opinions by Judges Ross and Morrow, which, however, are
stronger and more severe in their expressions than the prevailing
opinion.
After reviewing the history of the proceedings which have heretofore
been set forth, and commenting upon the further evidence receive
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