ASL-MS0107-Diary08-1904-1905

Alaska State Library - Historical Collections, PO Box 110571, Juneau AK 99811-0571

James A. Wickersham diary, July 31, 1904 to Feb. 20, 1905.

[front cover]

Diary

James Wickersham

July 31, 1904 to Feb 20 1905

[july 1904]

July 31^st 1904.

Judge Wm A. Day, 1^st Asst. Atty. Genl.

arrived here in Fairbanks on the “Koyukuk”

at noon on Friday, - 29^th On yesterday

he caused an announcement to be made in the

Fairbanks News:

He opened court

in the “Town Hall”

on 3^rd St. and

began to take testi

=mony. No notice

was given to me to

appear – no infor

=mation vouchsafed

as to charges. I

called on him

[newspaper clipping:]

“JUDGE DAY

IN FAIRBANKS

Has Opened Inquiry

At the City Hall

Judge W. A. Day, first assistant attor-

ney general of the United States arrived

on the Koyukuk this forenoon. Judge

Day was appointed by President Roose-

velt to investigate charges which had

been laid at Washington against the ad-

ministration of Federal affairs in Alaska,

and is here on that mission. When seen

by a News representative, Judge Day

stated that he would be here a few days

and would open an office where he would

meet anyone who had information to im-

part bearing on the matters under investi-

gation.

Messrs. H. B. McDonald and G. C. Todd

are with Judge Day and will assist in the

investigation. The City Hall has been

placed at Judge Day’s disposal and he

has opened the inquiry this afternoon,

and will sit evenings as well as day, in-

cluding Sunday, until the work of investi-

gation is completed.”

there on yesterday – Saturday – and offered

any aid or assistance in my power – but

he asked for nothing. I learn that he has

visited South Eastern Alaska – Ketchikan

Wrangell, Juneau, Skagaway. He spent

24 hours in Dawson – 12 hours in Eagle,

and did not stop either in Rampart

or Circle. I do not know what he intends

to do here – except as it appears by his

invitation to the public to come in and

submit their complaints if any- Capt.

Jarvis is with the party – he came over

to see me yesterday evening & advised

- as I had already concluded – a

dignified silence until about the time

when he is to go away – then to request

a statement of the object of his visit.

I do not know of any open opposition

to me here – but from recent attacks made

by the “Chena Herald” I am expecting

the people down there to make all they

can out of their opposition town site

fight, and try to place a burden upon

me. Amid my numerous administrative

duties the appointing of commissioners

and the location of their offices gives me

the most trouble, but I shall always

be proud of the fact that I established

& named Fairbanks, Alaska

Jarvis is friendly - & tells Judge Day

that without hesitation – he is making

a fair and strong fight for my reappointment

& I will always have to thank him for it.

[august 1904]

August 1^st 1904.

Judge Day came in to see me this

morning and advises me that there is

no interest here in his mission – there

seemed to be no complaint & no interest –

He advised me that he intends to go down

to Chena in the morning & remain there

until the “Tanana” goes tomorrow – that

today he will give me notice of the charges

& complaints against me! after the

people have been heard-

The mountain has labored and it’s a mouse!

I spent part of the day and all evening

with Judge Day & his assistants and

I hope explained every pitiful charge

to the entire satisfaction of the court.

The old scandal of 1887-89 – Tacoma

was the principal charge – the conviction

of Richards was another – and the reinstate

=ment of Kellum as an attorney – the employ

=ment of Whittesey &c. – a dozen, small &

insignificant matters. But not a

single charge of incompetency – dishonesty

or wrongdoing in my office! I am simply

disgusted at the “small talk” which disap

=pointed litigants and narrow minded enemies

imagine are worthy of consideration by the

Dept. of Justice.

I am satisfied from the very friendly and confidential

manner in which Judge Day acts that he favors

my side of the investigation – that his confidence

in my honesty and integrity is not shaken-

He told me this afternoon that many of the

miners had been to see him – and that several

- many of them had stated to him that they pref

=erred to have their cases tried before me than

before a jury, and he complimented me on

the feeling – He was particularly kind in making

the statement. I also gave him for examination

the papers & record in the Removal of S. M. Graff

Comr. at 40 Mile.

-2^nd-

Judge Day still holding court – my

friends are constantly crowding around

him to demand my return & he came

over tot he office today & told me of many

complimentary things they had to say –

Among them = several miners – and some

who had lost cases this term – told him that

they preferred to submit a case to me rather

than to a jury – he thought this a high compli

=ment. He is much pleased with his

acquaintance with Abe Spring; who has

been with him constantly. He told me that

Abe had made a strong impression on

him – as a broad minded, and able

civic official and good citizen. Abe

struck him, he said, as a “rough diamond”.

His companion McDonald, is a splendid

fellow – and Todd his stenographer a

civic purist of the Boston type – who looks

upon the dance hall & other evils with horror.

Abe Spring has the European ideas of

the social evil, gambling &c. and as the

town attorney has to a great extent

carried them out by attempting to control

rather than to suppress them. This struck

Judge Day at first as rather startling but

before he left he was converted to the necessity

of doing the work that way, and expressed

himself as satisfied with Springs labors

in that regard. Capt. Jarvis took dinner

with us this evening.

-3^rd-

Judge Day and party left on the “Jennie

M” at noon, and went to Chena, to hear

the knocks made against me there for

locating the court house &c at Fairbanks.

Jarvis remained over & left on the “Tanana”

at 8. p.m. Day & party will board the

“Tanana” at Chena. Jarvis came

in to see me today – thinks Judge Day

is thoroughly satisfied that charges against

me are false and malicious. Jarvis

has not hesitated to stand by me from the

beginning and will do so to the end.

-4^th-

Case of McGinley v Herrington –

Beautiful weather. Court work drawing

to a close – hope to be done Saturday.

-5^th-

Case of Barnette v Freeman came on

for trial today – for reasons which I deem

absolutely necessary I am determined to

have a jury pass on all questions of fact!

Jury called – service of venire by Pat. Whalen

& jurors kept together in his charge.

-6^th-

Barnette v Freeman – on trial all day

and submitted to the jury at 8:30 p.m.

jury returned at verdict at 11:30 p.m.

for the defendants. It was an extrem

ly interesting and close case, and

turned very largely on an alleged mistake

in a notice of location, wherein “No 4”

was actually mentioned instead of “No 1.”

-7^th-

Spent the day in preparing an

opinion in the case of McGinley

v. Cleary – sent to recover property

conveyed in payment of a gambling

debt, by the owner of the saloon and

gambling outfit.

-8^th-

The “Tanana” came in yesterday with 30

or so passengers – Recd my opinion

in McGinley v Cleary, in which I

roasted both to a finish. Am now

finished ~~, and will go to the~~ work

of the Court for the term except

some remnants, - signing judgments

and setting appeal matters. Will

start out to the Creeks tomorrow to

inspect my mines, and get my affairs

in shape for the winter.

Recd. yesterday, a letter from T. M. Reed,

J. Com. at Nome, in answer to my letter

asking him to serve copy of my letter to Rustgard

about his charges before Com. on Ter. last

March that I had 100’s of mining claims &c.

Rustgard “flunked” completely when Reed

confronted him & declared he meant Judge

Moore - & Reed “cussed” him. Rustgard

will not answer my letter, but Reed’s is

just as good-

-9^th-

Remained in town all day to get my title

to “Apple Block” lot corrected & confirmed by

the N.C. Co. which I succeeded in doing.

Willig is now acting ugly – he has spent all

the money which I gave him on loans & now

looks upon me as an enemy!

-10^th-

Left Fairbanks at 10 oclock am for the Mines.

Rained last night & is good walking.

The new ridge road is a success – so

far as a good dry foundation & grades

are concerned – A beautiful day – miners

going and coming – pack trains of mules

loaded with provisions & outfits for the

mines at Cleary – Fairbanks & Pedro.

Much talk along the road among the

miners about the new strike over on

the “Beaver Creek” & many going over to

stake. From the high ridge above

the head of “Isabelle Creek” one gets a

fine view back over the town of Fairbanks

and out across the valley of the Tanana,

the river winds like silver ribbons through

the evergreen forests far to the south & over

the whole landscape the distant white

range with Mt Hayes its principal

sentinel stands guard. I am

greatly surprised at the heavy growth

of red top grass growing on this long

rich ridge – there are many men camped

along the road cutting & curing it for winter

- where the fire has cleaned the ground it

is better grass. Ate lunch at the

Ridge Road house – 8 mi from town –

& left before one oclock on my journey.

Reached Gilmore at 3 oclock-

Anderson & the road builders at

work across mouth of Pedro-

Arrived at Golden & put up

for the night at Jack Ross Hotel

- log – 2 story – tired & footsore

-11^th-

I arrived at Golden yesterday evening

at 6, tired & footsore – 3 months in the

office has softened my muscles amazingly.

Hendricks, of Chena was there & ate supper

with me – we had a long talk & I told

him about my intention of locating a

Com. office at mouth of Delta River

- he said his people had no interest

in the matter! Came up Twin Creek

& visited No 1. above where Riley is

sluicing – doing but little – he promised

to come over to Cleary to see me tomorrow.

Now lying on top of hill above Twin

- I blow & puff – like a fat man.

[sketch of building site]

[captions:]

N.W.

Cor. 1^st

Bench of Dis. B

on Wolf

400 ft. A. post

Post A. location by Barnette for

“W.” H. Summer, by Atty in fact Barnette

Witnesses, Dan McCary & Jim Eagle

Oct. 3, 1902 : Also location

by W. Lawson. Aug 11, 1903.

Also location by John Kion – Jany

17, 1904.

“B” posts – one 30 ft south of north

line of 1^st Bench of Dis. of Wolf – marking

claim of Emil Dorfner, J. E. Moore, Agt.

claims fraction 35 ft wide – Next

stake is 10 ft south of my line &

is John Dowdell – Halbert, witness;

Went down & saw Halbert – we went

around lines of Dis. on Wolff –

& found notice of water right torn

up & on ground – water ditch across

discovery & 1^st Bench off – Staid

all night with Discover people on

Cleary – bed was a wobbly structure

& clothing an old fur robe.

-12th-

After breakfast went over & was

running my line between discovery on

Cleary & my bench on left limit – when

Mr. Hastings came over & informed

me that Mrs. Crawford was dead.

She has been sick for some time

& he told me yesterday that she

had seemed bad but was much

better & when the neighbor women

went to see her yesterday evening

she said she was so much better

that she thought she would get up-

She rested comfortably all night but

this morning took worse suddenly

& died in a few minutes. Dr King

was called at my suggestion & says

it was blood poisoning – she

swallowed a pin a week ago

& it has evidently caused the trouble.

Have been with Crawford – he wants

her buried – temporarily – on my

claim – 1^st bench off Dis. on

Wolf & I am looking after the

details for him. Have worked

all afternoon planing lumber for a

coffin – raining & dismal weather.

Mrs. Crawford is the first white woman

to die and be buried in the Tanana

valley!

-13^th-

Yesterday was a cold rainy day, black

in disposition & circumstances –

I worked till late in the afternoon –

wet, muddy and cold & then went off

& left the carpenter to complete the

work – he made the coffin too short

after I left & when I returned I

had to cut out the head & foot boards

& lengthen it two inches. We did

not get it lined & finished until

after 10 a.m. This morning the

skies are brighter & the rain has

ceased, but the tundras of Cleary

creek are knee deep in mud & water.

There is no road on the creek & you

just make up your mind where the

mud & water is shallowest & wade!

Ronan & Mattison – who own the

1^st Bench off No 1. Above Discovery

on the left limit began to sink my

shaft near their lower line to bedrock

yesterday & I hope to see it down today!

At 11 oclock I conducted the funeral

of Mrs. Crawford – a young woman

her husband a miner at Dawson & now

here on Cleary. The pall bearers were six

stalwart miners – the coffin at the

grave rested on two upturned mining buckets

covered around with soft moss – the box

in the grave was banked with same soft

and beautiful moss – 6 women present

- Mrs. Hastings, Mrs. Boone Sr. & Jr.

Mrs. Esterly, Mrs. Copes & Mrs Brown

They sang “Rock of Ages” - & Nearer my God

to thee”. I spoke as best I could – on the

loss of the husband & community – briefly,

& upon the fact that it was a miners

funeral and the first funeral of

a white woman in the Tanana

region! Her grave was banked

high with the most beautiful moss

I ever saw – 25 or thirty miners

present.

This afternoon spent in cutting

out my line next Dis. on Cleary.

It runs down into the creek & I am

greatly pleased with it – Also

Ronan, Mattison & Nightingale

have worked in sinking the shaft

near my upper line – we have struck

~~was~~ {what} seems to be good pay – 5 cents

to the pan near the top – hope to get

to bed rock tomorrow.

Visited 2^nd Bench off Dis &

2^nd Bench off No 1. above – Darrells

& Clarks – today & find all wood on

upper part cut & piled – Chas.

Oesterle – No 14 1. above has name

on some. I counted 40 big

piles cut & laid ready to haul -

-14^th-

Cleary Creek, Aug. 14, 1904

Received from James Wickersham

the sum of Fifty (50) dollars

being his one half of the sum

due for assessment work on

Discovery Claim on Wolf Creek

which I hereby agree to do in

fall for 1904. S J Halbert

Paid above amount to Halbert

who will also do his & my work.

Also paid Mattison & Ronan

$35.00 in full to finish shaft to

bedrock begun by Pat. Whalen.

- 3 ft. of pay dirt – I am now

satisfied that my claim adjoining

Discovery on Cleary in valuable

- I now fix my value on it = $25,000.00

{(sold it in 1930 – for $1000.00)}

Also paid Hastings, for Discovery

people $100. board for Pat. Whalen

& owe them $37 – for labor of man

5 or 6 days to assist him.

Paid P. Whalen $115.00

“ Freight tent 8.00

“ Mattison & Ronan 35.00

“ Dis. board Whalen 105.00

“ “ asst. Whalen 27.50

Cost Asst. work $290.50

on 3 claims on the left limit.

of Cleary – off Discovery for

1904 – Came by & inspected

the Triangle claim at junction

of Chatham & Cleary – Jim Eagle

wants me to buy his ½ interest for

$500, on which I have paid

him $35.00

[sketch of mining claim]

[map captions:] No 5 on Cleary

Discovery on Chatham

Pay Pay

I am inclined to buy this interest

for it is a good claim. Left

Cleary about 4 oc. & came over

to Golden – At “Costa House” -

which is advertised as the “only two

story Hotel on the Creeks” – and

it is certainly the best. Jack Ross

an old time Sour Dough, propr.

Met Twilliger, Dep. Col. Int

Rev. here looking up his line.

-15^th-

Left Ross’ hotel at 8 oclock & walked

the telephone trail to Fairbanks – new trail &

swampy. Fine day – walked the 14 miles

in four hours without sitting down or

resting. Bath – clean clothes & was in

court at 2 p.m. - but nothing to do.

No mail – no boat – no news.

-16^th-

Court today but lawyers postponed

everything until tomorrow. Barnette

just informed me that one Clapp, Asst. U.

S. Eng. telegraphed him from Mentasta

to stop turning Tanana into Slough!

Verily the “Knocker” accomplishes something

if he only keeps at work. Have about con

=cluded not to buy Jim Eagle interest in

the Chatcham Creek fraction – it is so small

& money is better invested in something else.

-17^th-

Hearing motions for new trial &c. & among

them heard the motion for new trial in Barnette v.

Freeman, et. al. which is a close & bitterly

contested case. I am now inclined to the

opinion that the jury returned a verdict on

insufficient testimony – but even with

that there are so many close questions in

the case that I may conclude not to disturb

the verdict – There are good reasons why

I ought to let Barnette win – if at all, only

in the Circuit Court of Appeals – He is totally

obtuse in his ideas of right & wrong! & has

placed me in such a position that in a close

case I am almost obliged to decide against

him – in this case.

-18^th-

Hearing cases – motions &c. but about

finished – Will take the “Sarah” in a week

or ten days for the outside. It is remarkable

how the town is growing. It is as if Dawson

were transported here in a night. There

are now probably 2000 people in Fairbanks

& the end is not yet- I paid $175. for the

lot where our house stands – N.E. Cor.

Noble & First Ave. & in the spring & already

business has completely taken the blocks

next to us & even invaded the block just

across the street – the lot is now worth

$1750! – what Shylock called “den per

cent brofits”. The Apple block on my lot

at S.W. Cor. Cushman & First Ave. is the

choicest peice of property in town & will

continue to pay me more than $300 per mo.

for 3 years. Mills are working long overtime

- carpenters get $15.00 per day & all things

in proportion. Cushman streets is now

being cleared out & will be the finest in Alaska

Edgar has retailed the front 75 ft. of his lot & the parties

are to pay him $200 per mo. & put up two story building

-23^rd -

Still trying small matters & settling

the ends of cases – It has been raining for

four days & the river is high and rapidly

rising – the “Tanana”, “Koyukuk”, “Lavelle

Young” & “Rock Island” all in. Recd.

mail – no news – but salary vouchers for

May & June. Paid Heilig in full –

Learned that our boat – “Sarah” will probably

be at Ft. Gibbon on 28^th – we go next Sunday.

Tried Ole Peterson, today, for insanity &

sent him to Oregon Insane Asylum.

-24^th-

Granted New Trial in Barnette v. Freeman.

While the opinion is brief & not carefully written

I consider it very important on account

of the fact that the principle therein announ

ced – if carried to a proper conclusion –

will effectually cure the curse of the

abuse of the power of attorney in locating

mining claims. The principle is that

there is no reservation or segregation

of the claim from the public lands, so as to

prevents its exploration by other miners,

until an actual discovery of mineral is

made.

-26^th-

Business of the court about done – we

are packing to leave on first boat to meet

the Dawson boat. River is very high &

drifts threaten to take the bridge out but

so far it is saved.

-27^th-

Earthquake at 12 oclock, noon-

from S.W. to N.E. & quite strong for

several minutes – no damage but

everybody ran outdoors, &c. Busy

closing up court matters & nothing left

that I can force to be finished.

-28^th- Sunday.

Miss Ebersole rents our house at

$45.00 per month & buys our provis

=ions. Kellum has agreed to buy my

library - $1850.50 Paid my bills today.

Chena river falling – “Florence S: in port.

Filed Affidavits of Labor – Assessment for

1904 - for 1^st Bench off Discovery, left

limit Cleary – also 1^st Bench off Discovery

on Wolf Creek Paid Johnsen in full $65.00

-29^th-

Filed affid. of Labor of Discovery on

Wolf Creek. Nothing from boats yet.

Received permission from Atty. Genl.

for leave of absence – Saturday.

Geo. Apple paid rent for September = $200.00

Havery T Gamble “ “ “ 75.00

Miss Ebersole “ “ “ 45.00

-30^th-

Sold my library to J. C. Kellum

for $1850.50 of which amount he

paid $750 – he pays $450 on or

before Oct. 5, and $650.50 balance

on or before March 1, 1905. I also

made an arrangement with Willig

by which I release my option to

purchase a half interest in his mines

in consideration of his transfer to me

of a half interest in the Bear Creek Mining

Claim – but I also made an arrange

=ment for him to sell all his interests

to Murphy, Revett & Cantar for the

sum of $6,500. – and with them that

if they bought I should release my

mortgage and own a third! This

would make my third cost me $2800.

while theirs would cost them $3250,

- but I give up the 2/6 in Bear creek.

Signing papers & working until

midnight. Left Willig notes &

my business generally with Comr.

Ed. J. Stier – he collects my

rents, Kellum & Willig notes &c.

Left Fairbanks at midnight

on Str “Koyukuk.” Have a

very severe cold.

-31^st

En route down Tanana, on the

“Koyukuk”. Passed Nenani,

Baker Creek, Tolovani, Cosna

telegraph stations – also the boats

“Marguerite”, “Tanana”, “Wilbur

Crimmons”. Cold & cheerless

boat & weather, river fine.

As we passed the Str “Tanana” we

came along side & Mountjoy, interview

=ed Heilig &c. They are to consider

matters - &c. at Valdez – but as that

is two months off I do not think

Mountjoy will remain that long.

Charlie Joynt is also aboard the

“Tanana” en route to Fairbanks. He

is, to some extent, connected with the

White Pass Ry. Co. – no railroad news

& I am glad of it – a railroad will

hurt the came– now.

[september 1904]

September 1^st

The “Koyukuk” reached “Tanana” – “Weare”

“Ft Gibbon” – this morning at breakfast time

the “Sarah” was just a few hours ahead

of us, and we transferred & good state

room assigned to us. With Mr. Harlan,

Hess & Heilig called on Major Williams

posts commander – a pleasant man.

“Herman” left for Fairbanks at noon

pushing a big heavily loaded barge.

- Ben Downing with his supplies aboard.

Met Mark Sullivan, attorney from Nome

who informed me that he and McGinn

were to establish law offices at Fairbanks

- he goes on “Herman” today & McGinn

will come in this winter. Passed on

two applications for bar room license

here – today – granted.

-Sept. 2^nd-

Slept late – breakfast at 9, but a glorious

morning. A cloudless sky & the mountains

& hills flaming in red & yellow – the tints

of Autumn – it is quite apparent

that the Tanana is a warmer region

than the Yukon, for the Tanana leaves

are yet untouched by frost while the

Yukon hills are beautifully coloured to

their bases. We passed the rapids at

the “Ramparts” this forenoon – met the

“Monarch” loaded with passengers & freight

bound for Fairbanks. With a fair wind

the “Sarah” is making 6 to 8 miles per

hour up stream – water is high.

-Sept. 3^rd-

We reached the “Flats” – leaving the Rampart

mountains at 5 oclock this morning, and

all day long we are going past my old

cabin mail houses of 3 years ago when

in Feb. & Mch. I tramped along the ice

from Eagle to Rampart to hold court.

We passed the Pac. Cold Storage Co.s str.

“Robert E Kerr” with a large scow loaded

with cattle for Fairbanks. Beautiful

day – and fine view of the Romanzoff &

Beaver Creek Mts. Much interest in the

Marshal,” Will you investigate!!

I did not & will not investigate.

Our boat remained at Eagle until

midnight & we saw the people, who

were as kind as ever. Left $50.00

with Myers to paper & Kalsomine

our house – sorted the mail, signed

a lot of official papers & returned to

the boat where we were called upon by

a number of our friends. Heilig,

Hess & Mr. Charles remain here, but

Mr. & Mrs. Perry & others come aboard.

Sept. 7^th

Passed 40 Mile at noon – at Dawson

at 11 p.m., but owing to the slowness of the

customs officers we remained on board till

morning, though those who resided in Dawson

were permitted to go ashore about 12 oclock.

Sept. 8^th

At Regina Hotel for breakfast – visited with

friends – dinner in the evening at Roediger

- Orr, Mr & Mrs. Holme, Finnie & wife &

Roedigers family present. After a most

excellent dinner we all went to the Agricul

=tural – or rather Horticultural Fair

at the “Rink” and greatly enjoyed not only

the display of fruits {vegetables &}

flowers, but the efforts

of an ametuer company of comedians.

-9^th-

Mr. Bergholz, U.S. Consul called, & Mr. Har

=lan, {&} Dr. Hamilton of the Bureau of Education

& I returned the compliment. He is of German

extraction, from Vermont, politically, from New

Rochelle, N.Y. actually, and is somewhat narrow

& egotistical. Very pleasant visit with Ed.

Orr, who took me out to the junction of Bear &

Klondyke, where we carefully inspected the

plan and workings of a mine whose overseer

is J. M. Elmer, a young man with good ideas,

and the ability to carry them out successfully.

Lunch with Johnnie & Mrs. Scott & babies.

Went on bord the “Selkirk” at 9.p.m. for

Whitehorse. Met Judge Eddie Crane

on the street – he looks just the same jolly

fat fellow & was particularly pleased that

I fined “Red” McConnell $1500. for selling

whisky in violation of law – their differences

date from 1898 at Circle City-

-10^th-

Making good time – the Yukon – looks

quite different now from what it did in

March last, when I went down over the

trail.

-13^th-

We are now in Lake LeBarge – the bed

of extinct glacier - & will reach Whitehorse

this evening about 5 or 6 oclock.

Perry has not mentioned the removal

of Edgar – but he and Mrs. P act

distant – I am very much surprised

at his action and cannot understand

why he did it – just at the moment when

my enemies are all trying their hardest

to prevent my reappointment. I

had trusted him fully – and was constantly

assured by him of his friendship and

support – I am now afraid that he is

working underground – maybe not!

-14^th-

We left Whitehorse this morning at 9:30

& reached Bennett for lunch – saw Judge

Tom. Hume, on train bound for Fair

banks! Also saw both Skaguay &

Seattle papers saying that he was going

there to become a citizen of Alaska &

intended to practice law in Fairbanks!

Tom is foxy – and that seems to me to be

a point scored in his candidacy for

judge! We reached Skaguay at

4:30, took dinner at the “5^th Ave. Hotel”

& went aboard the “Cottage City” &

are now speeding southward. Since

coming aboard have heard another

version of the Humes stampede, viz - that

he is going to Fairbanks with the real

object – among others – of bringing a suit

for Causten against Barnette, on

their old St. Micheal contract. This

sounds reasonable, and may account for

his remarkable trip – but why at this

season when he has had all summer?

-15^th-

We passed Juneau about 3 p.m. this

morning – Judge Day, McDonald &

Todd came aboard going to Seattle!

They are very distant & reticent about what

they have been doing – I know absolutely

nothing from them – Judge Day has

merley spoken. We eat at different

tables – it may necessary to be so formal!

- merely as a spectator – in the result of

his studies: He is more friendly than when

he first came on board – he tells me that

he will only remain in Seattle one day.

We reached Vancouver, B.C. at 10

this evening & left after an hour.

-18^th-

We arrived in Seattle, this morning at

8 oclock. Bid goodbye to Judge Day,

to McDonald & Todd, his associates-

He was quite friendly at parting & asked

me to come and see him when in Wash

=ington, D.C. Left the Perrys (thank God)

and Harlan at Seattle – Geoghegan will

come over to Tacoma & help me write letters

for a day or two. We came over to Tacoma

-16^th-

Beautiful day – We stopped in at

Wrangell & I met “Chips” Cole &

Marcella – and their family of fine

boys & girls – also Patenude & Mr

Kirk – recently the minister at Eagle.

Perry opened up tonight and gave

me his reasons for removing Edgar

- I did’nt say a word, but I can

not help but despise him for taking

the $600, belonging to Edgar & keeping

it. I am more & more disgusted with

the unsatisfactory attempts to admin

=ister law in Alaska – and especially

in view of Judge Days public invitation

to unscrupulous persons to make secret

attacks upon the court officials.

-17^th-

We passed through Queen Charlottes Sound

early this morning & will reach Vancouver, B

C. at 9 oclock this evening. Have had a

long talk with Judge Day today – nothing

new resulted from it, and he seems to be

inclined – I cant tell what his

mind is about Alaska officials – but

from the scraps gathered from his talks

I know I should be so disgusted and

prejudiced against both the people and

Officials of Alaska, as to be obliged to

recommend the strong arm for the first

and almost a new set of appointments

for the other – and would be wrong, probably

in both cases. Certainly I am interested

on the Interurban Electric Ry. and are

at the Irving Hotel.

-19^th

Saw Judge Frank Allyn and asked

him to go over this afternoon & see Judge

Day & explain the old Brantner charges

against me – he will do so. I am going

up to Buckley to see mother-

-20^th-

Mother told me that Frank had sold

all his household goods – which were

mortgaged – and had gone to Nome during

the summer – leaving his wife & baby boy-

His creditors were about to procure a warrant

for his arrest – but May & Harry headed it

off – she asked me to settle the matter up-

did so - $88.80 - $15 already paid.

Every body well at Buckley.

-21^st-

Judge Allyn tells me he had very satisfactory

interview with Judge Day who assured him

that the Brantner matter was thoroughly

explained – and was wiped off the slate!

Judge Allyn sent him today copies of the

briefs in the “Million Dollar Case” – he

did not know that I was city attorney

of Tacoma – or was a practicing lawyer

before my appointment, but was apparently

impressed with Ivey’s charge that I was

only a politician. He and McDonald

were greatly interested in that part of

Judge Allyns statement. Am all

ready & leave St Louis this afternoon

at 4. pm – via. the Burlington route. I go

alone as Debbie is afraid to try it – I am

one of the 100 National Delegates appointed

by Pres. Roosevelt to the Congress of Lawyers

& Jurists – also the representative of the

Tanana Bar Association to the National

Bar Association.

-22^nd-

Left Tacoma on 4 oclock overland – last

evening – passed Spokane early this

morning now near Montana line – raining.

-23—

A beautiful autumn day on the Yellowstone-

We left the N.P. at Billings – up the Big Horn

Custers battlefield – the Burlington Ry-

-24-

From Billings the Burlington route runs

~~via~~ up the Big Horn – across to the Powder

& thence across Wyoming – the lower S.W.

corner of S. Dak - & through Nebraska

We have just crossed the Platte river at

Grand Island – it is a mile wide &

perfectly dry. Its sandy {& dusty} bed really

seems higher than the valley side!

Sunday 25^th

I arrived in St. Louis this morning within

10 minutes of the time Debbie said I would.

She is pretty clever at figuring out routes

& time tables and started me right.

Got my breakfast at 8.a.m. at the restaur

=ant in the Union Depot & then took the

Market St. car and in 30 minutes was

in line at the “Inside Inn” waiting for

a room - #2142 – first floor and

outside room – opening out into the

oak forests in the main grounds of the

Fair. This immense hotel is a

temporary cheap structure – telephone

build – you can hear the man in the next room

kiss his wife – but it safely houses

7,000. people! My room has closet

& shower bath – hot & cold water.

The bed is good - $4.50 per day strictly

in advance. For two persons the same

room would cost but $5.00 per day –

they make you pay the value of the room

- less a single admission – for the $4.50

includes admission to the Exhibition.

It is a beautiful sunny autumn after

=noon – the wind plays music on the

oak leaves and an old fashioned

Illinois jaybird on the top bough

mingling his clarion call with rustle

of the leaves reminds me of Sandy

Branch camp meeting of thirty years

ago. Feel fine – except tired feet, &

expect to enjoy the next few days-

Must now write to Debbie.

-26^th-

Attended the opening exercises of the

Am. Bar Assoc. presented my creden

=tials – signed the roll in that & in the

Congress of Lawyers & I wrote -

Received badges, tickets admitting

to Fair, & invitation to reception to

be tendered to these bodies – the

reception tonight & banquet on

Wednesday night. Met Edward

Whitson, from N. Yakima & W. H.

Harris from Tacoma. Enjoyed the

address by David R. Frances – Pres.

La. Ex. Co. of welcome, papers by

Hagerman, Pres. Am. Bar Assoc. &

Dickinson, of Illinois – the later on the

Alaska boundary case – as a court.

Went to reception to lawyers at the

Missouri Bldg. – met Oldum,

of Nebraska – who nominated Bryan

at Kansas City – Harlans friend & good

man. Reception nothing to me.

-27^th-

Attended Nat. Bar Assoc. met Judge

Graves of Yakima. Heard very instructive

paper by Judge Thayer, 8^th Circuit, on

“The Louisiana Purchase” &c. In the afternoon

went to Alaska building – met Mrs. Hart

registered – Judge Day and McDonald

are in the city – at Alaska building today

- waited for them to return, in rain – went

out to near by Concessions & with Mr.

Peter Jensen of Wrangell & Mrs. Hart

through the “Pike” & took dinner with them.

Visited the “Wireless telegraph tower” &

greatly enjoyed the explanations – Took a ride

around the “Intermural Ry” & went to

bed – hot – hotter – hottest.

28^th

Congress of Lawyers & Jurists - John W.

Foster read his paper on the settlement of

international lawsuits before an inter

=national jury. Judge Brewer presided.

Distinguished foreign jurists present.

Banquet given by the Exposition to the

Congress in the splendid banquet hall

in Tyrolean Alps concession. David

J. Francis toast master – good speeches.

I went with Whitson of Yakima, Graves

of Ellensburg, Oldham of Nebraska –

the latter one of the Sup. Ct. Com. & a thoroughly

attractive man because of his energy and

active mind. Nothing particular today

-29^th-

The Congress is growing somewhat irksome

- the papers & responses are all determined in

advance – there is nothing for me to do but just

sit & listen & the proceedings though impot

=ant are on a dead level of an agreed case

- every body agress upon the necesity – or at least

the general desirabity of uniform laws and

international arbitration – the statement of

the matter is not so material. Have attended

strictly – but I intend now to begin to break

away & visit the details of this most wonderful

aggregation of the material triumphs of man.

Rode – Ferris Wheel – 164 ft high – and visited

many other attractions. Went to receptions

at S. Dak. state building to meet Prof “Tom”

Sterling, with whom I studied law in Spring[field]

- he is now Dean of S. Dak. law school.

Also press club reception – met Gov. Dock

=ery- &c. &c.

-30^th-

Attended Congress in forenoon – visited

around the government buildings in the

afternoon – went with Whitson & Judge

Graves to the Reception tendered to the members

of the Congress of Lawyers & Jurists by the

Board of Lady Managers, and after that

swell and formal function we took in

the “Pike”, until midnight.

[october 1904]

-Octo 1^st-

Met Harston – formerly of Eagle City

& took lunch with him today at the

Hoo-Hoo Club. All the lawyers have

gone and I am going down to the

“Jefferson” Hotel this evening & probably

to Springfield tomorrow – although

I have not been down in St. Louis a

moment yet & may stay over Sunday.

Virgil Farmer – from Patoka sent

me his card but my feet are too sore

to hunt him up – will write him note.

Octo. 2^nd

Spent the day in St. Louis wandering

- at the “Jefferson” a splendid new

hotel.

-3^rd & 4

Spring field, Illinois – at the “Leland”

- called on John & Emma Kenney – a

good visit – gave Em $30. to go to the

St L. Expo. with, they are both growing

old and suffering with disease – but

Em is suffering worst with a complete

breakdown with nervousness on account

of his epilepsy, - poor girl, her life

has been a hell upon earth. Also

had a delightful visit with Mrs. Fry[?]

- Clark, Debbies girlhood chaperon

- she took dinner with me at the

Leland and enjoyed it very much

as I did. Paid my respects to good

old black Sally Bird, my wash

erwoman of 25 years ago – she is

always delighted to see me-

Springfield is progressing and

improving in step with the East.

-7^th

Remained nearly three days in Chicago

- visited McClurgs and other old book

stores – bought books – Lodged at the

Auditorium & visited Fields Col

=umbian museum – took an

automobile ride – saw “Nat Goodwin”

at Powers theater, &c. &c.

-8^th-

Nearing St Paul on my way home.

Remained in St Paul today – visited the

offices of West Pub. Co. Lawbook publishers,

= they congratulated me upon the preparation

of the matter for the 1^st Alaska Rep. &

said that it was up to the standard - they

also agreed to publish the 2^nd Alaska on

the same terms as they did the 1^st

They also suggested that I prepare

one of the articles – “Mining” – “Extradition”

or some other for a new law Cyclopedia

- but as I did not feel that I would have

the time I did not accept the suggestion

Their commendation of my former work

was, in view of the high standard which they

set, however, very pleasant to hear and

encourages me in attempting future work.

-9^th-

Crossing Dakota – raining.

-10^th-

Have met Borah from Boise, Idaho,

who came so near defeating Heyburn for

Senator – my acquaintance with him is

very pleasant. Also met Senator

Tom. Carter, of Montana, who boarded

our train at Helena. We had a long

& pleasant talk, and he assured me

that I ought to be reappointed Judge in

Alaska – that he had heard no complaints

&c. He said that he had just received a

letter asking him to assist some lawyer

whose name he did not remember, but

who had gone to Alaska to recoup his

fortunes {“Humes”} – to secure the appointment in

my stead – he expressed himself flatly

that there ought to be no change.

Carter is stumping the state of Montana

with the Republican nominee for Gov.

he thinks Roosevelt & Fairbanks will carry

the state – that the Dem. Gov. Toole, will be

elected – but hopes the legislature will

be Republican and he the successful

candidate for Senator.

-11^th-

Two hours late – nearing the Cascade

Tunnel – Reached Tacoma at 4 p.m.

- Debbie well & every thing O.K.

-Octo 25-

When I reached home I received a letter

from the Atty Genl asking my opinion about

the advisability of removing the official headquarters

of my district from Eagle to Fairbanks – on the

18^th of Oct. I answered saying that on account

of reasons which Judge Day would understand

I did not wish to give any opinion – that Judge

Day had recently been to Fairbanks – knew the

exact conditions & that I preferred to have them

act on his judgement. Today I received

a telegram from the Attorney General saying

“Letter of 18^th received. Want your opinion

as to whether it is desirable to remove official

residence from Eagle to Fairbanks.” I answered

this peremptory demand by saying that in my opinion

it was desirable to make the transfer!!!

Nothing very particular since came home

Telegram from Walter E. Clark to the “P- I.”

Seattle paper, that Judge Day has made a verbal

report to the Atty. Genl. favorable to me, - no

final or official report yet.

-26^th-

Another telegram today from Attorney General

asking if the removal of the records, &c. could wait

opening of navigation before being changed from

Eagle to Fairbanks, if residence removed – answered

that portion necessary for spring term must go

over the ice anway & that balance could wait

till opening of navigation.

Been over to Seattle – several boats from

Nome & conditions there about as expected – every

body damning Judge Moore – Mort Stevens

arrested for embezzlement there – was town collector

- & made affidavit that he paid $2000 to Harry

Steel – warrant coming out for Steel who

is in Seattle. Steel says it is a lie - & I

have no doubt of it – as Stevens as a thief &

a liar of the rankest kind – the whole matter

comes from Richards & probably Major Strong of

the “Nome Nugget.” Went to theatre tonight with

Debbie – “The Wizard of Oz.” Darrell is now

around at Porto Rico ! and is quite a

sailor. His vessel – “Tacoma” – is assigned

to the Carribean Sea Squadron.

-27^th-

Our 24^th wedding anniversary!

Reced. telegram from Attorney General.

“Your residence and that of Attorney and

Marshal changed to Fairbanks commencing

December first. Letter to Valdez. Moody.”

Was over at Seattle today – saw Dr. Cabell

Whitehead – but little time & go back Saturday

to consult with him about Fairbanks ditch & mine.

28^th

Long visit with Senator Foster over at his

mill office – he promised me frankly and

freely – voluntarily – that he would do all

he could to secure my renomination and

expressed himself as heartily disgusted

with the “Ankeny crowd”. Evidently they hold

too tight a rein on the “old Man”, and he frets.

29^th

Visited Seattle. Al. Cody, Dep. Mar. from

Nome is there with a warrant for Harry Steel

but Judge Dubose, John Corson, Sullivan

& other of the Marshal Richards gang have

been telegraphing to head the arrest – I

gave Dubose a letter saying that Mort

Stevens – upon whose testimony Steel is

held - is a thief and scoundrel – in more

legal terms, however. Stevens will be

down on next boat – was sentenced to five

years in McNeils Island penitentiary

& $5000. fine. Dr. Whitehead talked

about a bank & water ditch at Fairbanks

& will write me more fully about it in

November. Debbie went over to Seattle

with me – Ed. Harlan there & Perrys.

-30^th-

The “Tacoma” in from Nome. McGinn

& Harry Steel went over to the U.S. Pen

& interviewed Mort. Stevens – who

made a full confession in writing that

his former charges against Steel were

false and unfounded. He says that

he was encouraged by officials in Nome

to incriminate Steel with the hope that

he would thereby escape with a light

sentence.

[november 1904]

Nov. 5

Left Seattle on Excelsior for

Valdez – Have been in Seattle all

week with Debbie at Rainier-Grand

waiting for boat. Perrys, Harlans,

Geoghegan aboard – full cargo also.

Have attended grand Lodge of A.B’s

in Seattle this week and was on Com.

on Credentials. Recd. card from the

“Alaska Club” making me an “Honorary Mem

=ber”. George Esterly, Meenach &

others from Valdez to see me; - also Col.

Perkins, Dick Ryan and the Nome

contingent, who seek to join forces in

their fight against the Heid-Brady faction.

I do not care about either of them partic

=ulary but did what I thought would

keep up the contention between them &

not enough to justify either one in oppos

=ing me as an enemy – They are both my

enemies – but cannot agree on their own

matters. Have suggested to Debbie

that she come to Valdez to meet me

in February & go across from Valdez

to Fairbanks with me in March.

Paid another payment on my

Puyallup valley land before I left

Tacoma, also taxes on it to date.

-6^th-

Gulf of Georgia. The Captain of

Excelsior is instructed to get us to

Valdez on time for court on 14^th if possible.

-7^th-

Millbank Sound at noon.

8^th

Dixons Entrance – hard storm

this evening – wind from astern – but

the worst I ever saw – Cannot get

through Wrangell Narrows tonight

- so lay out in channel & roll all night.

Mr. Harlan has “great expectations”

yet – and told me today that if he

were appointed judge at Valdez

he would stay there – and not make

these ocean trips, of which he is afraid!!

9^th

Wrangell Narrows. We remained at

the Narrows until one oclock today

before we could get through on account

of the low tide! We will reach Juneau

about midnight or one oclock –

Am writing letter to Debbie to be mailed

there.

-10^th-

We arrived in Juneau last night at

1:30 a.m. I went up town & the watchman

at the Custom House hunted me up &

said that Capt. Jarvis had left word

that I should come to his house & call

him which I did. We went down town

& had lunch – to the office & talked for

hours & I left Juneau at 6 oclock

Roosevelt & Fairbanks

Elected.

by a safe majority – Mead was

elected {Governor-} in Washington. I had a

long and very pleasant visit with Jarvis

who told me about the trip from Fairbanks

around via Nome, to Juneau with Judge

Day - He says Judge Day was satisfied

with me and my services as judge – & will

recommend my reappointment, &c. He said

many pleasant things – Jarvis wants

to be Governor of Alaska – but will

not say so and even worse wont let

any one else say it. He can have

that or the head of the Revenue service

when Capt. Shoemaker retires – but

I know from his conversation that he

really prefers the governorship.

The “Exclelsior” put off the freight

& passengers for Sitka at Juneau &

we are now sailing through Icy Strait

It is a beautiful sunny day – with ice

bergs all around us – it looks as

if we might have some good weather

outside. Passed the mouth of Glacier

Bay – Muir Glacier was plainly seen in

the distance – a procession of stately ice

bergs marches out into Icy Strait – at

dark we had passed out of Cross Sd. into the

Pacific

-11^th-

At sun up we were steaming into Yakutat

Bay – the grand mass of the St Elias range

standing out clear and bold

Not a cloud – the great white range

appeared to rest on the dark waters of

the bay – the bright blue sky above. It

was a sight seldom witnessed – the

mountain mass for fifty miles along

the coast is 10000 feet high – the

peaks rise to 18,000 and more –

the Malaspina glacier, spreading

its front 60 miles along the coast

is with its feeding fileds larger

than Switzerland with all its glaciers!

-12^th-

Kayak. Left Kayak at 8 a.m.

Reached there at 3.am & unloaded,

took on lot of passengers – Whittlesey,

Willoughby Clark, & several witnesses

and jurors. There was also disem

=barked at Kayak a young woman

- apparently of good character and clean

& bright from Londondery, Canada,

who came to marry a man by the name

of White. A committee met her

at the island, to inform her that her

affianced is a “squaw man” & has

a child in the camp by his Indian

woman! Mr. Harlan gave me

November 12^th - continued.

the opportunity today to mention the fact

that of all those attempting to blackguard

me in the Day investigation at Valdez

that Hubbard – his Valdez deputy was

the worst – the organizer – He defended

Hubbard warmly – but as warmly I accused,

- he understood my position clearly &

is perfectly willing to reap the reward

of the efforts of Hubbard and others to

do me the vilest injury. I will wait

patiently – but if I am reappointed will

do my best to weed the gang out!!

Another beautiful day – we reached

Valdez tonight at midnight!

Nov. 13^th

Reached Valdez last night, and

went to the St. Elias Hotel – Hender

=son met me at the boat – but Heilig

has not yet called to see me.

We learned upon our arrival that

Judge Thomas Humes had died at

Fairbanks on Wednesday – the 9^th

This will disarrange many well laid

plans of the conspirators against me.

Heilig had been assumed by the Sullivan

- Christian forces who were working through

Ankeny for Humes that if would desert

me and remain neutral he should be

retained by Humes as Clerk, and acted

accordingly. Many other of my clear

weather friends were attracted to the Humes

support by his presence in Fairbanks

& the persistent undercurrent, that

he had gone there with a promise of

appointment in my place – His

death disorganizes all their efforts.

My friends in ~~Fairbanks~~ Valdez however

were not frightened or intimidated by

that bold political move and have

remained loyal to me: - the most

disloyal of all are Heilig & Claypool

the latter of whom has not missed an

opportunity to attack me in public

where he thinks I will not hear of it.

Of course Harlan is being used by the

Copper crowd to kill me off – but they

do not intend to do anything for him

in return. Geoghegan has also been

acting foolish – but I will now bring

him up with a sharp pull and divorce

him from the Harlans to whom he seems

as slavishly devoted as Jeffrys was to

Mort. Stevens- I saw George at

Juneau and he now sees clearly that

he was used by Stevens – robbed and

dropped {by him} when his money had disappeared.

Most of my friends have stood the test

without a single word of assurance from

me – but a few of those nearest who

have been most actively attacked have

grown weak – but I am not discouraged

for I well knew of their weakness of

character – but if I am reappointed

I can make up a new list of men

of stronger character and will do

so promptly – I will do nothing

however, until my reappointment

- if it comes – so that if I am not

reappointed there will be the least

evidence of trouble possible

Am now beginning my instructions

to the Grand Jury – and a letter to Senator

Fairbanks upon the necessity for this

new Roosevelt Administration to take

hold of and organize Alaska by

the appointment of Jarvis as governor

& through him as the personal representation

of the president to appoint all other

officials – so as to form a Roosevelt

system – a homogenious system

~~all of~~ every part of which shall

be responsible to the head through

Jarvis.

-14^th-

Special November Term, Valdez.

Court today – grand jury empannelled

- J. C. Martin foreman. Rob. Coles crier: W.A.

Berry, bailiff. Mountjoy is here examining

offices of Clerk &c. We are in the new court

house – arranging our quarters and getting

things in order. Telegraphed Abe Spring

to send me report on conditions at

Fairbanks.

-15-

Telegram from Spring, at Fairbanks,

reporting on conditions there – also advising

me that “Heilig wired Long not to pay

my salary as license inspector and am

fired.” Mad – well I should say I

was. I called Heilig into the office &

with him Mr. Plato Mountjoy, special

agent, with whom Heilig had talked and to

whom he had “knocked” Abe Spring continually.

I then told them what Springs telegram said

and Heilig admitted that he had sent the telegram

saying that “Mountjoy” thought there was no necessity

for Spring as such license inspector “But” I

said “Mr. Mountjoy is not District Judge – I

am judge in this district and neither you

he have anything to say about it – its none

of your business – I resent your action”.

I demanded that Heilig go at once and

get me a copy of his telegram which he

did, and I presented it to Mountjoy to

read – it was as follows.

“Valdez, Oct. 31, 1904.

John L. Long, Deputy, Fairbanks, Alaska.

With your first report you sent declaration

of intention of Day and Lyden. Where have you

accounted for the fees. Mountjoy arrived

yesterday. He contends there is no authority

in law for appointment of license inspector.

Do not pay Spring salary until advised by

me. Official business. A. R. Heilig

Clerk.”

Mountjoy at once said that he had never seen

the telegram – had no knowledge of it- and

as nearly as he could repudiated it. I was

angry and spoke short and sharp to both but

particularly so to Heilig. I instructed him

in Mountjoys presence to send a telegram to

Long to pay Springs salary. I told Mountjoy

that Springs appointment had been approved

by the Dept. of Justice, and particularly by

Dep. Atty. Genl. while he was in Fairbanks &

that it was {a} necessary appointment – one in line

with a similar action at Nome, and on the

Coast – Clegg being license inspector for the

coast canneries, &c. &c. Mountjoy looked blank

- as though he had “meddled” – as he certainly had.

Heilig sent this telegram at my demand:

“Valdez Nov. 16, 1904.

John L. Long, Deputy, Fairbanks, Alaska.

Pay Abe Spring his salary as license

inspector until otherwise ordered.

Official business. A. R. Heilig, Clerk.

Shall remove Heilig promptly if I

am reappointed – as soon as I am confirmed.

Str. “Excelsior” in from westward & went

out at noon. Mountjoy went out on her.

Recd. telegram from Walter E. Clark.

Washington D.C. Nov. 16 via Vancouver B.C.

Judge James Wickersham, Valdez, Alaska.

You are reappointed today. Moore and Brown

must resign. Richards removed.

Walter E. Clark.

If this is true it is the most satisfactory

and complete vindication possible,

and amply repays me for all my labors

and trials in Alaska – it will be a

blow to the “jury fixers.” – Jarvis and Clark

have never ceased to work for me & I

owe them much. Busy in court –

Grand jury hard at it – and I am hearing

cases constantly.

This has been a busy day. Wrote to

Debbie – before I heard from Clark – but she

will hear it there.

Invited Joe. Burk, “Prospector,” & Rotchford

of the “News,” with Judge Lyons to dinner tonight

We celebrated in a quart & good birds. I enjoyed it.

[newspaper clipping, line breaks disregarded:]

[sideways on left:] “The Alaska Prospector

Valdez, Alaska, Thursday, November 17, 1904.

Wickersham Is

Re-appointed

Only Judge in Alaska To Retain His Position. Richards

Has Been Removed. Brown and Moore

Must Resign.

During the afternoon session of court yesterday,

Judge James Wickersham received a telegram

announcing that he had been re-appointed.

The message was from Walter E. Clark, the

Washington representative of the P.-I., and a warm

personal friend of the Judge, so there can be no

mistake about the matter.

According to the telegram, the president made

the appointment yesterday. It also states that

Marshal Richards, of Nome, has been removed

from office, and that Judges Moore, of Nome, and

Brown of Juneau, will have to resign.

This will be a source of great satisfaction to

the many friends of the judge throughout the

district, as he is the only one of the three judges

to be retained. The dismissal of Richards fully

vindicates the action taken by Wickersham in

regard to Richards, while in office at Nome.”

-18^th-

No more news from appointment. Busy

now in court hearing cases – Preparing

two opinions in writing – Grand Jury hard

at work.

-19^th-

[on left:] Attended ball at Moose Hall-

[on right:] The lawyers are preparing and signing

an {a} petition asking removal of Heilig, Clerk.

[newspaper clipping, line breaks disregarded:]

“Washington, Nov. 19 –

The president has decided not to remove Judge

Moore, of Nome. While his administration has

not been satisfactory, it is thought that the fact

that he has been surrounded by the worst kind of

officials may be responsible for most of the

dissatisfaction.

Governor Brady, whose office was also

investigated by Day, has had his administration

endorsed and will be reappointed.

The text of Day’s report has been refused

the press, but is given out that Judge Brown

violated the proprieties of his office. Attorney

General Moody announces that Brown’s

successor will be appointed in a few days.

There has been many applications for the

position, but the president has referred them

all to the Pacific Coast senators.”

Prepared opinion in 1^st Nat Bk. Seattle v Fish.

Dinner with Rob. Cole & family – Nan present.

Instructed Heilig to send telegram to

Long, deputy clerk at Fairbanks, notifying

him & lawyers that Official Residence

had been removed from Eagle to Fairbanks

to take effect December 1^st. Have

received many telegrams of congratulation

from there today. I am pleased that

Judge Moore has been kept at Nome

- and particularly that he is retained to

give him another chance – the official

statement being that he has been surrounded

with such bad officials that he has not

been fairly tried. Rather a hard shot

at Richards – Grigsby et. al. Nothing

yet about Perry or Harlan – I do hope

Hubbard will receive notice to go!!-

I shall greatly regret if my letter to

Senator Fairbanks asking him to secure from

the President a Roosevelt – Fairbanks organi-

=ization of Alaska fails to reach him before

the governor is appointed – I do not doubt

that Roosevelt will do it if he is rightly

informed on the question.

My “jury fixing” enemies at Nome did

me the honor to differentiate between me and

Judge Moore by telling Day that I was

“a damn bad man but a good judge” & that

Moore was “a damn good man but a bad judge.”

Since they are all now removed for being

{“damn} bad” themselves, their evidence as to my

wickedness does not seem to have had

much weight = same as to Moores ability.

-21^st-

Tried the case of Windmuller v Clarkson,

without jury – decided for defendants. Also

read my opinion in two cases-

Str. “Portland” in tonight – got a nice

good letter from Debbie – she says she is

both well and happy – Darrell in New York.

Politics overwhelmingly Republican – even

Missouri goes 30,000 for Roosevelt & Fair

=banks! Debbie sent me check for my

last quarters expense account.

-22^nd-

On going to my room last night I found a

letter which had been left there during my absence

signed by E. E. Coy – containing a copy of a letter

which he had sent to the President abusing

Harlan & Hubbard - & to some extent comp-

-limenting me – He is the crazy old idiot

that abused me to the President & Judge Day –

He tried to get me to read this same letter two days

ago – in my office – and I refused to do it.

This morning in open court I filed the two

letters with the clerk, and “roasted” Coy to

a turn for writing it. I would have punished

him for contempt except that I am inclined

to think he is hardly responsible – at least he

is so cranky that one ought not to pay attention

to such a matter as this. I threatened him &

asked Mr. Harlan to examine the letter.

Tried a jury case today – murder trial tomorrow.

Have this afternoon received three belated

telegrams from Washington, D.C. - one

from Asst. Atty. Genl Hoyt, amending the

rules so that we can pay witnesses such

mileage and per diem as they ought to

receive, and the following from-

Attorney General Moody

“Washington Nov. 17, 1904.

James Wickersham

Valdez, Alaska.

The President has reappointed you

Judge third division of Alaska.

Moody.”

also one from Stephen Birch, from

Washington, of same date, saying

“We all send hearty congratulations on

your reappointment.” “We” means

Clark, Birch and my other friends there.

I feel now that I can say, modestly but

to my own private diary – that notwithstanding

all the mistakes which I have made my life

is now fairly a success – not that I have

reached the end, but that I am now in that sphere

where successful men stand, and from which

I can do more and better work. I am particu

=larly proud of my reappointment because

of Darrell – he can now always be

reasonably satisfied to say who his father

is – and my good clean pure minded

wife is to be credited with nearly all of

it. I try not to gloat over anothers misfortune

yet the following reads well in connection with

my past recollections of “jury fixing” at Nome:

[newspaper item, line breaks disregarded:]

“ Washington, Nov. 20 – The president has

the matter of Alaskan appointments still under

consideration. The marshal for the Second

division will be named soon, and will be

expected to proceed to Nome at once, over

the ice, to relieve Richards.”

-23^rd-

Str. “Dora” in from Westward with

witnesses, jurors, officers &c from Kodiak

and way ports. Trial of my civil

case – things going slowly.

-24^th-

Thanksgiving Day-

No court. Worked on correspondence

& other office matters – wrote letter

to Chairman House Comt. on Territories

Washington, D. C. in explanation of Rust=

=gards mining law accusations-

Dinner with Mr & Mrs. Charles Debney

- present Jesse Martin & Nan –

A most excellent dinner – good wine

& good cheer – Received telegram

from Barnette, Pres. Century Club,

Fairbanks, informing me that the Club

intended to hold thanksgiving ball in

its new Hall at Fairbanks & inviting

me to be present. Returned my con

=gratulations by telegraph.

-25-

Trial by U.S. v. Johnson – jury – all day-

Telegram from Abe Spring announcing the

death of Archie Burns, an old frontiersman

who owned a homestead across from Fairbanks

- built first bridge across river at Fairbanks.

-26^th-

Trial of U.S. v. Johnson – all day – submitted

to the jury tonight – The “Santa Clara” came

in at 8 oclock – received good letter from

Debbie dated the 14^th – she had not then

heard of my reappointment which took place

on the 16^th. Recd. kind letter from Judge Allyn

congratulating both himself and me on the result

Also letter from Senator Nelson, of Minnesota

- he is still ugly – but not virulent – He

keeps harping upon the idea that Birch supports

me – as if a successful litigant ought to be

expected to abuse the court. Recd. clipping

from “Tacoma Ledger” highly complimentary

- & giving some of the details of Judge Days

report – which seems to have sustained

me fully – No news yet about other appointments

I hope none will be made until my letter reaches

Senator Fairbanks – in favor of “Organization”

Jury in U.S. v Johnson seems to be “hung”

Papers of 18^th on “Santa Clara”

-27^th-

Jury in U.S. v Johnson out all night

& unable to agree at noon today – discharged.

-28^th-

Called the case of U.S. v Johnson for a

second trial this morning – there is much

feeling against him – he seems to be a very

bad character when drunk – he is known as

“Eat-em up” Johnson – for his fighting proclivities

when drunk. All day trying to get a jury but

not finished yet – adjourned our efforts at

5 oclock till tomorrow morning hoping

that the arrival of the “Portland” from westward

will bring us additional jurors. Wrote

to Debbie today – Am to have an informal

reception at “Tilicum Club” tonight.

-30^th-

Began the second trial of “Eat-em-up” Johnson

Monday morning and have, after three hard days

work, just submitted it to the trial jury – 9 oc.

p.m- It has been a hard case and has greatly

fatigued me. The “Santa Clara” will go back

to Seattle in the morning; have written Debbie.

Send my Nov. salary voucher. Jury returned

a verdict about 1 oclock “Guilty”.

[december 1904]

-Dec 2^nd-

Criminal case yesterday U.S. v Peterson

manslaughter for shooting Pete Peterson

at Uyak Bay – guilty, but strongly recom

=mended mercy. Today U.S. v Warner,

manslaughter – Killing Albert Stecker at Red river

on Kodiak island= Verdict. Guilty.

-4 3rd-

Sunday and a rainy day – worked in

the office all day on opinion in A.C. Co.

v. Debney –

-5^th-

No jury case ready – tried Stull v White

without jury –

-6^th-

Recd. telegram from Abe Spring informing me

that the Barnette-Freeman litigation had been

settled – that Barnette had been paid $90,000. &c

This claim adjoins – or is very near my claim off Dis

- on Wolf – it encourages me to hope for the pay

streak on that claim. Turner & Swift Water Bill

bought the Barnette-

Freeman interests.

Begun trial of U.S.

v Hayashida – murder.

[newspaper clipping:]

“Washington, Dec. 5 –The presi-

dent appointed Royal A. Gunnison,

of Binghamton, N.Y., as judge of

the First district of Alaska, to suc-

deed Judge Brown, who resigned.”

-Dec. 7^th-

Clegg paid me $110.00 in full for rents,

due on my McKinley St. house to ~~date~~ {Dec 1.}

[newspaper clipping:]

“Washington, Dec. 6 – The presi-

dent’s annual message to congress

contains strong recommendations

regarding legislation for Alaska.

He contemplates a radical change

in the powers of the federal officers

and favors a delegate to congress.”

The case of the U.S. v Hayashida, a

Jap. for murder at Nushagak on trial today

- case concluded & jury out.

-8^th-

Began trial of U.S. v. ~~Sergin – murder~~

{Matesero – mayhem} from

~~Sand Point~~ {Appollo Mine-}

– near Unga. Read my opinion

in A.C. Co. v Debney – in re foreign judgments.

-8^th-

Case of U.S. v Sergin all day – tired as

a dog – telegrams today announce the

reappointment of Gov. John G. Brady,

Wm L. Distin, as Sur. Genl. & Judge

Gunnison – names sent to Senate

Have not heard from my own confirmation

yet – my enemies may give me another

fight there: It is my judgment that Brady

is a good honest man – but that his appt

=ointment is a sad mistake – he is hopelessly

incompetent- and lacks executive ability.

-10^th-

Sergin case all day – a remarkle case

of murder by two Aleut-Russians assisted

by the murdered man’s wife. This evenings

paper says that Capt. Jarvis has been ordered

to come to Washington on business connected

with his department – but I am inclined to

think it is on General Alaskan matters.

Hope so at least – U.S. v Sergin sent

to jury tonight at 8:30 = Verdict “Manslaughter.

-11^th-

Sunday – worked in office all afternoon on an

opinion in Stull v White – “nothing doing”.

-12^th-

The Str. “Santa Ana” came in this forenoon – a

nice letter from Debbie – she is greatly pleased over

my reappointment – and has evidently been enjoying

the congratulations of our Tacoma friends. I also received

one of Walter E. Clarks genial letters – full of warmth

and friendship, - he quotes Judge Days final report

to the President in so far as it particularly characterizes

me, as follows: “My conclusion is that Judge Wickersham

is an able, honest and upright judge: that he administers

justice promptly and firmly: that he possesses the

confidence of the people of his division: that his

long residence in western communities and his familiar

-ity with mining laws and customs peculiarly

fit him for the position he holds; that he deserves

reappointment; and that the best interests of the people

of the Third Division, - and of all Alaska for that

matter – would be subserved by his continuance in office”.

Clark kindly relates that the Atty. Genl. Knox and

Asst. Atty Genl Purdy – as well as ~~Asst~~ {the} Solicitor Genl.

Hoyt, also spoke well of me – and adds: “These

men are delighted with the outcome, and the President

told me today how pleased he was.” – all of

which pleases me beyond expression.

Recd. a large number of congratulatory letters

also the information that the President removed

Richards – for “jury fixing” – and the Atty. Genl.

had telegraphed to Judge Moore to appoint his

successor pro tempore – which was done promptly.

- The Mills of the Gods grind slowly

- in the U.S. Marshals case, - but they grind.

The President has said that he would not have

appointed Gov. Brady again if the office had any power

&c. – and the public intimation is given out that if

Congress largely increases the powers of the office

a new and stronger man will be appointed -

Jarvis has been called to Washington – and I

hope for the good of the territory it means him.

-13^th -

Trial of Anna Paterson – murder – continued all

day – Recd. from yesterdays mail my commission

ad interim, as judge – to last until Senate shall

confirm or refuse. Signed by Moody, Atty. Genl.

and President Theodore Roosevelt-

Anna Peterson – not guilty – she is guilty!

-14^th-

Trial of Dempsey v Endeavor Cong. Church.

-15^th-

[written in right margin:]

Trial of Dempsey v Endeavor Cong. Church finished –

jury found for the plaintiff in the sum of $2000.00

[newspaper clipping, line breaks disregarded:]

“Appointments Held Up

Senate Committee Withhold Recommendation on Names

of Brady, Wickersham and Hoyt.

Washington, Dec. 15 – On application of Bois

Penrose, a senator from Pennsylvania, the senate

committee has consented to hold up its recommendation

of the president’s appointment of Brady for governor

of Alaska, Wickersham for judge of Third division,

and Hoyt for district attorney of Second division.

Senator Porter J. McCumber, of North Dakota,

in addressing the committee, stated that Brady was

unpopular in Alaska, that Wickersham had been

unjust in his handling of the big Bonanza case, and

that Hoyt is opposed by the entire California delegation

on the ground that he is not a republican.

The matter of these appointments will remain

in the hands of the committee until the charges are

investigated.

Would Raise Salaries

In his message to congress the president

recommends that the salaries of the district judges of

Alaska be raised; that a new civil and criminal code

be enacted, and that bills be introduced and passed in

conformity with the recommendations in the attorney

general’s report.”

-16^th-

“Santa Ana” going south at 4 p.m-

Have instructed Heilig in writing to go home

to Eagle & discharge Mrs. H. Dec. 31^st

Sent Debbie my photo as Christmas present.

Ansd. my mail up to date. Trying

the case of Raymond v Hemple –

without jury-

-17^th-

Tried case of Bankruptcy of Valdez

Brewing Co. & demurrer in 1^st Nat. Bk of

Seattle v Fish today – Bought a big

black work dog by the name of “Dan”.

from a Mrs. Bickers from Cooks Inlet

- paid $40.00 for him.

Sunday. 18^th-

I feel discouraged and unhappy today –

over the fact that it seems quite evident

that my enemies are intending to make

a vicious fight to prevent my confirmation

before the U.S. Senate. If I could be there

and fight – it would be different but to

sit way off here in Alaska while a

pack of ~~wolves~~ liars –(some of whom

owe me more than any other person for

even what they have eaten for four years).

gather there to misrepresent my motives

and actions is discouraging - The

“Rampart Forum” – edited by J. B. Wingate

is now vilifying me like a fish wife.

Took dinner with Mr & Mrs Clegg-

wrote an opinion in 1^st Nat. Bk of Seattle,

vs. Oscar Fish-

-19^th-

Opinion in First Nat. Bk v Fish & decision

in Stull v. White. Trial of A.C. Co. v Debney

- question service on foreign judgement.

Ostrander greatly surprised me today by offering

to deny as atty. for plaintiff, that there was any

thing wrong in the Copper case – I think on

his suggestion I will test him, Harlan,

& Leedy & Kelsey, - Hubbard is beyond the

pale, but may conclude to give him a chance.

-20-

Measles in Jail – 25 or 30 prisoners

Have discharged all jurors but 2: trying

equity cases – intended to Sentence all

prisoners tomorrow – but two of these

to be sentenced for felony have measles!

J. C. Martin appointed trustee of the

bankrupt Chittitee Development Co.

-21^st-

Sentenced such prisoners as were not sick

this morning, as follows:

Chas. Johnson, Asst. with intent to Rape, 10 years.

Geo. Warner. Manslaughter; killing Albert Stoecker – 15 yrs.

Fred Peterson,. “ “ Peter Peterson 15 yrs.

S. Gerasemoff “ “ P. L. Peterson 20 yrs.

M. Hayashida “ “ Ikeda, 20 yrs.

Jennie Raymond, Liquor without license, selling: $100. & costs

-22-

Doing but little in court today – writing an

opinion in A.C. Co. v Debney – nearly sick.

-23^rd-

The “Portland” – came in today and I received

two letters from Debbie and one from Darrell. She

seems in better health and sent me three sizes

of her photograph as a Christmas present.

Bless her heart – the pictures are good – fine

and I am delighted to have them. She wails

about being parted from me by Alaskan office &

I feel that she is right – it isn’t worth it.

-24^th-

Busy yet in trials – also working on opinion.

-25^th-

Sunday – Christmas Day-

Nan Gave me two nice pillows – I gave

her copies of my photograph. Windy &

stormy – cold & cheerless - working

in my office on opinion in Debney case.

Have asked Billy Berry & Nan to take dinner

with me at the restaurant.

-26^th-

Nan’s Birthday! Began jury trial of U.

S. v. D. A. Wentworth for killing Patrick Kelly at

Sour Dough Flat, Unga Island. Many persons

coming out from Fairbanks – for business reasons –

all say trail is good, and conditions here satisfactory.

-27^th-

Trial of U.S v Wentworth all day – given to the

jury this evening – at 10. tonight looks like a hung

jury. Wrote long letter to Debbie-

John Y. Ostrander has “rounded up” Harlan,

Gov. Leedy & himself & sent in strongest kind

of letters to the Atty. Genl. saying that charges

made by Senator Penrose for Helm, et. al. that

unfair or improper action on my part occurred

in the Copper Cases {were false.} Ostrander, Harlan, &

Leedy & Kelsey appeared for the complaining

parties here – and denounce their own clients.

Prepared my voucher for Dec. salary & sent out

-28^th-

Bar Assoc. of Valdez preparing strong denial

of Penrose statement that my opinion in

Copper Case was unfair. After two days

trial and day and night session jury in

U.S. v Wentworth disagreed & were discharged.

Tried civil suits today without jury. U.S v

Miller. pleaded guilty to assault, 6 mo. in jail.

Judge Humes body reached here from Fairbanks

tonight – will go out on Portland. Sent

$150.00 today to N.V. Hendricks, Williamsport

Ind. in full settlement of their {Mt. McKinley}

claim against me.

-29^th-

Opinion in A.C. Co. v Debney – in favor of

Debney. Began second jury trial of U.S v.

A. D. Wentworth, accused of manslaughter.

-30^th-

U.S. v Wentwort – 2^nd day-

-31-

U.S. v Wentwork – “Not guilty”-

Paid Nan $210.00 and took her vouchers for

salary due from Nov 14. to Dec. 31. inclusive

Act. for my own quarterly expenses made up

& ford. to Atty Genl. amount $239.10

[january 1905]

January 1^st 1905.

Sunday.

Did not get up till noon – but still I slept

badly. As soon as I was up went down on street

with Bar Assoc. and walked behind the sled

hearse conveying Judge Thomas Humes body

to the “Santa Clara” at the dock- We paid our

last respects and it was taken aboard – the

“Santa Clara” left the harbor at 1 oclock p.m.

for Seattle. With Mr. Harlan & Mr Perry

mad “New Years Calls” – several ladies “received”

in spite of the fact that it was Sunday. Called

at Mrs. Cleggs, who was assisted by Mrs. Perry-

also at Mrs. Fish’s who was assisted by Mrs & the

Misses Root, Mrs. Donahue & Mrs. Lyons-

Mrs. Dates, assisted by Mrs. Debney Mrs Quinn

Miss Shiffer & Miss Wickersham, and Mrs Leedy

assisted by her daughter.

-Jany 2^nd-

No jury trial – Will now begin court cases.

Tried three small civil cases without jury-

A beautiful winter day – we have had a

remarkably fine winter – but little wind & bright

clear days – very much as it is “inside”.

-3^rd-

Hear argument on motion to continue for

term case of 1^st Nt. Bk. v Fish, denied.

Also prepared opinion in Raymond, vs

Hemple – for plaintiff – usury.

-4^th-

Heard the case of First Nat. Bk of Seattle

vs Loomis, Fish, et. al. and rendered

judgment for plaintiff – reserved opinion

on motion to dismiss attachment-

“Port Arthur reported Fallen”

Am pretty well through term – hold court

now only in afternoons – but am suffering

with insomnia and nervousness. Play

nine pins of evenings at “Whites Bowling

Alley. It is a typical western resort,

miners with their wool shirts, fur caps

coats &c. sled dogs under foot – Japs.

prostitutes, negros and every variety of

life seen in a mining camp – with a

roulette wheel surrounded by a big crowd

& waiters passing drinks – smoke &

general aroma of a western saloon.

-7^th-

Have had an easier time of it this week – do

not get out of bed until noon – I rest – rest – rest.

I was just about worn out and certainly needed

it. Have held court for an hour or two each afternoon

- can do all the work this week that way, - but today

adjourned until 10 am. Monday when I have

two important cases coming on which will

about wind up the term.

-8-

Beautiful day – fine winter.

Capt. Geiger, Boone and others in today

from Fairbanks. They tell me that there has

been a “strike” on the Toclat – the east fork

of the Kantishna river. They say the trail

is in fine condition.

-9^th-

We learn today that the Str. which we

expected tonight or tomorrow struck a

rock down near Juneau and returned to

Seattle. – We wont have steamer now

for 10 days – all witnesses, jurors &c from

westward unable to leave – no mail –

and it almost destroys the Fairbanks trail

- people here now for 10 days waiting – must

wait 20 days – while they can get out of

Skagaway every two or three days – weekly

mails from & to Fairbanks – but monthly here!

Damn such service – it renders it impossible

to get word to Debbie so as to get her here before

March 1^st – probably – it is a great dis

=appointment to me.

-10^th-

Am now trying case of Settlers v. Crary, being

contest between several hundred settlers on the

Valdez Mil. Res. against Crary who claims the

land by virtue of Soldiers Add. Hd. Scrip.

Oscar Fish has telegraphed charges of

unfairness against me to Senator Bard of

Cal. because I decided the case of 1^st Nat.

Bk. of Seattle vs Loomis & Fish for the plaintiff.

The Senate seems to be ex officio a Court

of Appeals for all disappointed litigants.

Well, I have only one satisfaction – I will

be judge as long as I remain here, in spite

of such efforts. Beautiful weather

Damn the boat! It ought to have been

here today – but will not reach here now till 22.{no}

-11^th-

Trial Settlers v Crary – finished taking

testimony tonight.

-12^th-

Trial of U.S v Yoshida, a Japanese for the

murder of foreman at Karluk on July 4^th, 1904.

Nothing about boats yet - & no news from the

East about confirmation or anything else.

Nan came up to see me a noon – she is

having a friendly treaty of some kind with L p

and they are considering a question of marriage

- seemingly, although she is quite careful about

her statements. I suggested that old fools, &c. &c

whereat she laughed. If I had my way I would

provide a matrimonial committee in every community

& require all persons of legal age to marry – or confine

them in workhouses – single blessedness be damned!

-13^th-

Trial of U.S. v Yoshida – sent to jury, but

they do not agree – a plain case.

Blum, the banker, received telegram from Seattle

today saying that Jacob Firth had organized a

railroad scheme to build from Valdez to the interior.

Ryan seems to be formulating it – which adds

to its picturesqueness – but not to its financial back

=ing. Firth is able to do it – he has the confidence

of Money – and it ought to pay – Still - !!

Recd. telegram last night from Fairbanks

asking for lay on my Wolf Creek mining

ground – telegraphed Stier today declining

& advising to wait till I came over in Mch.

-14^th-

U.S. v Yoshida – verdict “Guilty.”

-15-

Fairbanks mail in last night – The Rampart

“Forum” is blackguarding me frightfully in every issue

- & sending copies to Washington to try to prevent

my confirmation – another case of ingratitude

- As long as I kept Wingate, the editor in the

office of Dept. Clerk he was a friend, but as

soon as I could not do it longer on account

of removing the office to Fairbanks there is nothing

too vile for him to say – my only reply is Silence

The bay is so calm, the water so cold, that

the fresh water on top and around the wharves

has frozen two or three inches deep and the boys

and girls are having a fine time skating –

the ice is perfectly smooth. Had a most

delightful dinner with Chas. Simonstead.

J. C. Martin and Dan Kain at their bachelor

quarters on Keystone Ave. tonight – Mr. Harlan

was also present.

-16^th-

[newspaper item, line breaks disregarded:]

“Fairbanks, Jan. 14 – A big stampede is on

to the Mt. McKinley country, where Judge

Wickersham staked in 1903, and also to some

of the creeks adjacent to the Kantishna river.

Anderson and Olson, two prospectors who have

have been in that region all winter, just returned

with almost five dollars worth of the dust found

by them there. They report a big deposit of the

pay and the gold they had was coarse. They got

pans from five to ten cents.”

This seems to be a special dispatch from

Fairbanks: it may be that they have not

yet made a find of mineral in that

locality but it is there, I believe.

Trial U.S .v Uyeno, a Jap. charged with

Murder 2^nd Degree.

-17^th-

Trial of U.S. v Uyeno, Japanese, for murder

at Karluk, ended with Verdict Manslaughter.

Nan – Mrs & Mr Debney went out to Camp

Comfort on Sunday – to the top of the

divide yesterday & back today. Weather

beautiful – the finest winter I ever saw.

-18^th-

U.S. v Komai – another of the 20 Japanese

murder cases begun. Took dinner with

Gov. & Mrs. Leedy – a mans dinner – present

Holman, Harlan, Kelsey, Bowers, Dr. Strong,

“Oklahoma Bill” Hemple, the Gov. Jack & I.

Mrs. Leedy also sat at the table with us &

their two daughters waited on the table –

Beautiful weather.

-19^th-

Case U.S. v Komai continued all day.

Telegram saying that the Str. “Portland”

left Sitka today at noon – here about

Sunday. Oscar Fish got mad because I

decided a case against him & telegraphed

Senator Bard, of California, to prevent my

confirmation = His brother Jim, learning of

it also telegraphed Bard saying that

Oscars objection arose from a lost case &

that I was all right!! & thus the merry

war goes on. Hubbard, dep. Dist. Atty.

also goes out on the next boat to “knock”

and secure Judgeship for Harlan – but, I

imagine, what is of more importance, the

Attyship for himself!

-21^st-

Four days spent in trial of U.S. v Komai, one

of the 20 Japs, indicted for the march of Kawa

=batta at Karluk – “Not guilty” – but he

was!. Clear day – days getting longer –

but today it is blowing a gale. No boat yet.

No news from Washington yet.

-22^nd-

Sunday: The Str. “Portland” came in

at noon today – letters from Debbie, and from

many persons about my confirmation. I now

learn that owing to expected opposition from Ankeny

the President appointed me from Alaska and not

from the State of Washington – this prevents Ankeny

from objecting on that account, and leaves him

with no personal grievance = It seems that

the President has taken a strong stand in my

favor – that Judge Day – and the Attorney General

& others are keeping him thoroughly posted, and that he

is so determined about it, that, knowing Senator

Ankenys opposition he has made it a personal

appointment. Ivey, and others of the Richards

faction are in Washington slandering me as far

as language will permit. The Helm Copper

Case interests are represented by Senator Penrose

from Penn: Also received a letter from McLain

of the Minn. “Journal” saying that he would

at once write to Nelson, - but he thinks him

very obstinate and does not promise anything.

Also letters from Foster and Sammons – the latter

thinks things are serious but will eventually

pull through – Fairbanks will assist also.

-23^rd-

Passed sentence today up Yoshida

and Uyeno (wāno), two Japanese convicted

for killing their foreman, also a Japanese, at

the Karluk cannery on July 4, 1904. The

first one named shot the victim at night

while he lay wounded and helpless in

his bed: the second aided and assisted and

himself assaulted and beat him with a lead

bar. They killed him (Kawabatta) to escape

the payment of their gambling obligations in

the sum of about $100.00 each. Yoshida was

sentenced to 30 years in the penitentiary (the

jury found him guilty of Murder 2^nd Degree) and the

other (found guilty of Manslaughter) was sentenced

to 20 years in the penitentiary. Technically

both are guilty of murder in the first degree.

I had all the Japanese (25 or more) brought into

the court room and explained everything to them

through interpreters. This makes eight per

=sons convicted at this term, from different ~~persons~~points

along the coast, for killing other people, and all

have received sentences of from 15 to 30 years.

It ought to stop promiscuous murder out that

way – At least five of these persons ought to

have been convicted for murder in the first degree

and hanged – but they were only indicted for

second degree, or were allowed by the district

attorney to plead guilty to that degree. It may

be better as it is – for if the effect is public

safety out among the islands the good is accom

=plished without taking human life – at which

I cannot help but shudder, even if done by law.

-25^th-

Henderson received a telegram from Senator

Fairbanks saying “I believe the Judge will be confirmed.”

- but this has a ring of doubt which accords with

my own fears – still the President, the Atty. Genl.

& Judge Day & Jarvis are working for me-

-27^th-

The Str. “Santa Ana” came in this morning

Letter from Debbie – she does not want to come

& go to Fairbanks with me – I am greatly disappointed.

A meeting of the bar association of Valdez was

held yesterday – Hubbard seems to have run it & they

requested me to telegraph approval of District Div

ision Bill to Washington – but both Perry & I

refused. I am not anxious to meddle in that

matter again – nor to help Hubbard get a better job.

About 75 people in on the Santa Ana

going to Fairbanks – a fine day – the sun is

getting higher each day, and will soon be above the

range of mountains south of Valdez. Trail fine.

Intend to dismiss all the criminal cases

against the remaining “20 Japs” also the

two remaining trial jurors. Court is ended,

except some opinions to be prepared in civil cases.

Piles Elected Senator.

Recd telegram this evening from Senator

Foster asking for appointment of Lee Van

Slyke and S. A. Crandall as commiss

=ioners as per my promise of December

& also informed me that Piles was elected

senator. Answered that I would make

the appointments Mch 1^st. Also telegram

from Foster saying:

“Have insisted on personal hearing before

committee on Judiciary. Have wired Judge Day

fully. Have no doubt of favorable result.”

I am sorry that he is beaten but Piles is

the abler man for Senator. I also telegraphed

Judge Day, Washington, tonight.

“Last March filed with Attorney General letters

signed White, Allyn, Ronald, Piles. See and

file Senate Committee if necessary.

Also received kind letter from Cushman dated

Dec. 13, assuring me of high standing with the

President & Administration.

-28^th-

Received another telegram from Foster

this morning as follows: “Unless judiciary

committee of Senate decides it unnecessary

believe it advisable you to go to Washington city

immediately. Participation Chinese riots now

made one of charges. Understand steamer leaves

there first. Reelection Carter from Montana

causes your opponents far more confident.

Sammon leaves for Washington immediately

He expects to hear from you relative matter you

spoke to him about going Alaska. Write him”.

This latter clause means that Sammons wants

a job in Alaska – wonder if he would make a

good clerk? Will at least make him a

commissioner. Evidently they are “doing things”

at Washington – but I shall decline to go

there unless order or request comes from the

President, or some one in authority.

-30^th-

The Str “Santa Clara” came in this morning

with about 75 passengers. Recd. letter from

Debbie – she had another cold – and consequently

a bad day – and has another “Charlie Joynt-off

-on-the-mountain” theory that she ought not to follow

me. Think she wont come & go with me to Fair

=banks= Damn it. MR. C. A. Giffen

partner of Mr. Leland, whom I knew at Nome

came to see me – letters of introduction from Leland

& Walter Soderberg – He is going to Fairbanks – has a

half interest in “14 below” – on Cleary. Says Mrs. Leland

wants to hear from Mrs. Wickersham & have written

Debbie – Nothing today from Washington – but

I see that Judge Day went before the Senate Com.

on Jany 20, & strongly supported me.

-31^st-

Very flattering reports continue to reach us from

Fairbanks of the richness of the mines. Judge Arthur

K. Delaney died last week at Paso Robles Springs

Cal. & was buried in Whatcom, Wash.

John Y. Ostrander brought me a letter from Sen.

Fulton of Oregon, in answer to one to him from Os-

=trander: Says he is favorable – but nothing more.

Just completed opinion in The Revenue Min. Co. v

Balderston case – water rights at Capt Yaktag,

sustain plaintiffs claims.

[february 1905]

-Febry 1.-

The streets of Valdez are active – people are

loading sleds, training dogs, buying outfits

&c. and all with their gaze fixed on the summits

leading toward Fairbanks - & “Fortune”.

-Febry. 2^nd

I have been seriously considering the appointment

of Frank J. Kinghorn as Clerk of my court

vice Heilig to be removed – Spoke to Perry about

it yesterday & asked him to talk around & see

what he could find out – among others he spoke

to a woman - & like a flash out of a clear sky

she told him that Mrs had been a keeper

of a sporting house in Dawson = “Big Irene”

& the social side – the women vetoed it. Too

bad for he is just the I have been looking

for – but I would never hear the end of it.

“Santa Ana” went out for Seattle today – “Santa

Clara” goes tomorrow with Perry & prisoners.

-4^th-

Geo. M. Esterly received a telegram from

Walter E. Clarke, Washington, D.C.

on yesterday, saying: “Lacy still

firm against division. Possibly no

vote on Judge, recess appointment.”

I gather from this that my confirmation

may not be acted upon until the meeting

of the special or next regular Congress- Also

the telegraphic dispatches today say that

P. C. Sullivan is to be appointed U.S. Dist

Attorney for the State of Washington in May

when Fryes term expires. This means

that both Ankeny and Piles will endorse

him, - but what about Wilson & the P.I.

and Perkins & his papers! Wont they

have a Killkenny time of it – in Seattle

& Washington – with the Postoffice & Sullivan scraps.

Took dinner with Henderson = present

Harlan & Ed. Geoghegan, Bob. Coles,

Clegg, Holman, Lyons, & I. = it was

Hendersons 50^th Birthday-

-6^th-

Have completed my opinion in the

case of Gavigan v. Crary, involving

title to townsite property alongside {& west} of

Valdez – on the abandoned military reservation

Am to take dinner with Holman tonight.

[newspaper article, line breaks disregarded:]

“Foster Blames Ankeny

Washington, Feb. 5 – Senators

Ankeny and Foster are not on speaking terms

now. Foster blames Ankeny for his defeat

by Piles, and a bitter personal feud is result.”

I told you so! Poor Tacoma

she is a mere appanage to Seattle now.

8^th-

It now begins to look as if my enemies

would succeed in preventing my confirmation

at this session of the Senate, - possibly altogether.

Ankeny, from Washington, through John Forbes offered

me $5,000. to vote for him for Senator 6 years ago when

I was conducting Fosters fight – I called him a

“son of a bitch” – and other things; Sullivan who

packed the jury at Nome with Richards is Piles

manager & is to be Dist. Attorney of Washington

- so that Washington State Senators oppose me

Senator Heyburn, of Idaho, was the principal

attorney for Helm in the Copper cases, which I decided

against them – Heyburns fees depended upon his

success in that case - & were very large – he has

been against me since that time & opposes me.

Senator Carter, of Montana is represented

in Nome by two brothers in law. Galen is Richards

deputy – and is one of the Nome contingent who

signed the charges against me – Galen was a

Com. at Kongarock - & I removed him. Lang

owned the jail at Nome, & Richards paid him

$3600. per annum rent – I reported to the Dept.

that it could be built for $1,800. & the rent was

reduced to that sum per annum – Carter

will, of necessity, be against me, though he told

me in Octo- that I ought to be reapppointed.

Senators Hansborough & McCumber of North

Dakota, are the creatures of Alex. McKenzie

who is yet so sore over his Nome experiences

with which he associates me – that they are leading

the opposition to me – Every Northern Pacific

influence from Seattle to St Paul is against

me - & without the President shall conclude

to make a personal matter out of it I cannot

succeed – To date the President, Attorney

General Moody, Judge Day, Walter E. Clark,

Capt. Jarvis, Senator Fairbanks & other powerful

influences have made my fight – but there

is no ~~earthly~~ reason why they shall continue

to do so – and the opposing interests will be

stubborn & assisted by such notorious

liars as Ivey, McKenzie, Rustgard et. al.

they can certainly prejudice Senators against

one – since I can have no personal hearing.

I shall, probably, not resist, but accept what

comes with reasonable grace & in the meantime

prepare to make my home & business in Alaska.

Evening telegrams announce

that Perry was reappointed U.S. Marshal

on yesterday – I am glad of it – for he has

been more openly loyal and friendly to

me than any of the other officials. I got

out of patience with him about Edgar, but

otherwise & always officially we have got along.

Miss Florence E. Root & Mr. Arthur H.

McNeer, are to be married tonight at the

Episcopal Church. Arthur is a splendid

young fellow – a miner, a “rustler” – hunter

and a mountain climber. Sent them a present.

Bonbon dish – silver gold lined, with enameled spoon.

Nan is having one of her ~~crazy~~ {despondent} fits & have

just been over to see her – she will go home on the

return trip of the mountain steamer.

Friday – Febry. 10

Recd. a Friday telegram from Debbie this morning

“I am not coming to Alaska until June.”

I am greatly disappointed – it is 3 ½ years

now since she left me with Howard – both

in good health and happy – it seems to me

a century & as if I were transported to another

world. I will be at least 4 years of discomfort.

Yesterdays dispatches say that Ankeny &

Foster have endorsed Richards, from Nome for

consul General to Yokohama!! “They” are

evidently trying to down me & rehabilitate both

Sullivan, as Dist. Atty. & Richards in this office!

Will the President so stultify himself?

Str. “Santa Ana” just whistling at Ft.

Liscum: Telegram from Atty. Genl. saying

that Act of Congress of Jany 27. goes

into effect immediately – it takes all our

court fund. – No confirmation & no money.

Had Dr. Boyle, James Fish, Jr. & Rev. C. F.

Taylor, Episcopal minister to dinner with me

tonight at wikedels.

-11^th-

Nothing in mail yesterday – Letter from Debbie

but says nothing – she determined not to come

& go into Fairbanks, on account of the publication

in the Seattle papers of a story of a great blizzard

which was said to have raged over the Tanana

the latter part of last month – every body dead –

in snowdrifts &c. &c. a horrible story – but

wholly untrue! Sorry she will not take my

word for anything – both weather & trails in the

Tanana have never been known to be as good

as they were in January! I am greatly

disappointed because she refuses to come-

Have been sending telegrams today to Attorney

General about conditions of court finances

since passage of Nelson road bill. It leaves

us in bad shape. Nan quits work in the

clerks office tonight. Sent a telegram

to Walter E. Clarke, Wash. D.C. asking

“Is executive ~~influence~~ {confidence} waning. Telegraph

situation. Start for Fairbanks eighteenth.”

Permitted myself to be coaxed into going to

card party at Mr & Mrs. George M. Esterlys

- large crowd present – stupid.

-13^th-

In answer to my telegram of Saturday – Walter

E. Clark says “Confidence unshaken

Platt wont allow rejection without hearing.

If unconfirmed expect recess appointment.

Knox will help earnestly. Walter E. Clarke.”

They are now trying pass amendment to

Alaska bill providing that no judge shall

hold mining ground. Dinner tonight

with Joe. Derringer: present Mr. & Mrs Debney

Mr & Mrs. Clegg, Nan, Judge Harlan, Ed, Hender

son, I & Derringer = At Mrs. Alens restaurant.

A Clam dinner.

-14^th-

Paid Rob. Coles $100.00 on account trip to

Fairbanks. Telegraphed Heilig to go to Fair

=banks at once with records & files. Also

to Steir to have my house vacant by Mch 1st

-15^th-

On Dec. 5, {1904} I wrote Harlan, Dist. Atty.

a letter calling his attention to Whittleseys

shortage as Comr. at Kayak – Harlan

has recently given the letter to Whittlesey –

though it was a distinctly confidential com

-munication about the management of that

public business under our charge – and now

Whittlesey is organizing a war on me & is

sending charges &c. to Washington – I

shall now decline to have any further

relations with Harlan – he is a damned old

backbiter & traitor – and I shall present

the matter to the department and notify them

of his crooked action with both Hubbard

& Whittlesey & his efforts to cripple me -

-16^th-

Nan has gone home – thank God!

The Str. “Excelsior” left here today at 11 a.m.

My letter to Debbie was short –

“My darling wife

Damn it.

“Your loving husband.”

A brutal letter – but I was so dis-

appointed – then Nan is going down on same boat & will

give her all the News. Fraid I am getting cross & cranky

though, of course, this was, and she will understand it – a joke.

Dinner last night – Gov. Leedy, Goodell & Rotchford

Most beautiful winter I ever saw any where.

-17^th-

Northern Hotel, Valdez, burned. Heilig got

away from Eagle to Fairbanks today. Am

preparing Findings of Fact & Conclusions of Law

in Gavigan & Crary – Heard injunction case

yesterday Bergstrom v Alaska Cent. Ry. – to

restrain Ry. Co. from taking timber from Hd. to build

road.

-19^th-

The “Santa Clara” came in this morning

I received a letter from Debbie – a nice

good clean letter just like here – nothing else

in the way of mail. The P.I. has a statement

from Walter E. Clarke saying that I will

not be confirmed – but that no action at

all will be taken - & that I will be reappointed.

Gen. E. M. Carr of Seattle is on board – going to

Fairbanks – He is a lawyer & “I just wonder” if he

is to take Humes place in the effort to oust me?

It now seems certain that I will not be

confirmed – at least this session – whether

the President will think it advisable to reap

=point me for another recess term I doubt

- I may have to be content with the

findings of Judge Days report & the

approval of the President - & quit.

Besides the personal friendship and

support of Judge Day, Senator Fairbanks

the Atty. Genl. & even the President I have

been publicly sustained & reappointed –

the Senate has been persuaded by my enemies

- what more can I do?

-Febry. 20^th-

Court today for the last day in Valdez.

Dinner tonight with Al. White &

seven other gentlemen – the trail tomorrow

Sent to Fairbanks by mail opinions in

cases. Rev. Min. Co. v Balderston. Seitter

v Alas. Treadwell Co: U.S. v Myers (Brown).

Windmuller v. Clarkson: Copper Riv.

Min. Co. v McClellan: Lumber Co. v

Humphrey: In re Nat. John Minook:

Alaska Com. Co. v Debney (2 opinions).

Barnette v Freeman: Marks. v Shoup,

& U.S. v Roth.

Feb. 20^th 1905

See next Book.

[inside back cover]

Nov. 21, 1904.

Checks on hand:

Cleggs – Canadian B. of C. 50.00

Salary – July – Aug. 30, 1904 416.66

“ August Oct. 31, “ 416.67

Expense October. 27. “ 345.00

1228.33

Nov. 22 Cashed Cleggs check - 50

$1178.33

Alaska State Library - Historical Collections, PO Box 110571, Juneau AK 99811-0571

mailto:ASL.Historical@eed.state.ak.

http://library.alaska.gov/hist/fulltext/ASL-MS0107-Diary08-1904-1905.htm