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THE END OF THE CONSPIRACY—A WORD FOR ALASKA
fter having served only three months of his year's sentence, on the plea of ill health and through strong political influence, Alexander McKenzie had been pardoned by the President, and was again free to descend, if he chose, upon the mining fraternity of Cape Nome. But he showed excellent judgment in returning to his Dakota constituency. The Court of Appeals, in its opinion in the McKenzie contempt cases, had in effect declared that an outraged community had patiently endured injuries unparalleled in the history of American jurisprudence, and that the people were entitled to high praise for their abstinence from forcible resistance. Apropos of this, the then senior senator from South Dakota, in his defense in the Senate of McKenzie and Noyes, had engaged the attention of that body in a tirade against the honorable court. During the winter, people had been brooding over their grievances, and when spring came there was frequent mention of "necktie" parties and "shotgun" excursions, in a way that carried conviction of settled purposes. As a further inducement to Mr. McKenzie to seek other spheres of activity and usefulness, the Circuit Court of Appeals had made orders, and appointed an officer to serve them, requiring Judge Noyes, Mr. Wood, the district attorney, Mr. Geary, the lawyer and ex-Congressman who had advised and defended McKenzie, and one Frost, a special agent from the Department of Justice at Washington, to appear in San Francisco in October, 1901, and show cause why they, too, should not be punished for contempt of court. After all, there 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 received on the trial, Judge Noyes is adjudged guilty of contempt of court in that he not only refused to compel McKenzie to obey the writs, but, on the other hand, made orders which prevented their enforcement. In view of the fact that he holds a public office, Noyes's sentence consists of a mere fine of one thousand dollars. As to Geary, the lawyer, the court states that there is not sufficient evidence to convince it beyond a reasonable doubt that he was guilty of contempt, and the charge against him is dismissed. Wood, the district attorney, is adjudged guilty, and is sentenced to four months' imprisonment in the county jail of Alameda County, California. Frost, the special agent from the Department of Justice, who (as the evidence discloses), soon after his arrival at Nome, became an assistant district attorney, and, later, Judge Noyes's private secretary, and who spent government money in behalf of the conspirators, is likewise found guilty of contempt of court, and is sentenced to imprisonment for twelve months in the county jail.