ASL-MS0107-Diary12-1907

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

James Wickersham diary, Feb. 8, 1907 to Aug. 1, 1907.

[cover]

Feb. 8, 1907.

Aug. 1, 1907.

[embossed in gold, inverted:] James Wickersham

Aug 25, 06 – Crt. Dep. {415.} 10,000.00

Feb 16, 07 Draft. to 3050 - 1,000.00

“ “ “ “ 3057. 500.00

Salary Vouchers

Sept – no 488088 416.67

Oct. “ 488299 416.67

Nov. “ 488368 416.67

Dec “ 488586 416.67

Feb “ 491089 416.67

13,583.35

In FB. Bk 5,_____

18,583.35

In Tac Bk 1,2____

19,783.35

Feb 8^th 1907.

Contract for 1/8 Golden Gate Assoc

group on Chatanika Riv. opposite

mouth Cleary Creek, - deed to Mr.

N. V. Harlan & deed from him to me

not recorded. Also option for a

1/8 (or ¼) in claim on Alder Creek –

A. L. Hamilton holds contract.

1/6 interest in grub stake contract

with A. F. Hood & Warren Knapp,

with Geo. Dribelbis, A. L. Hamilton &

Geo. G. Perry – These grub stake men

go to quartz veins on upper Little Delta.

Have done my assessment work

on four claims surrounding Discovery

on Cleary Creek for last year, & also

for this year (1907) on first bench off Dis.

Left limit. All my taxes on Fairbanks

town property paid.

Clear & cold 40º below. Nothing but

a “roast” editorial in the Times.

-9^th-

Colder - 45º to 50º below zero – our

house perfectly warm & comfortable.

Telegraphed – Page, District Clerk

Juneau, that Valdez Term would begin

Mch 4, and last probably three

weeks – then I would come to Juneau.

-10-

Sunday.

We were surprised last night by

a sudden descent upon us of a crowd

of friends and neighbors – Miss Gleason

asked Mrs. W if she and I would be at

home – she and some gentlemen desired to

call – we were – and not only she and one

gentleman but eight couples of our

friends came, carrying cakes, coffee

&c. &c. and came upon us with laughter

and good cheer – they took charge of the

house, played 500, ate, drank (coffee)

and smoked – ~~had~~ {made} music, fun & frolic

till the “wee sma” hours – Mr & Mrs. Volney,

Richmond, Mr & Mrs. Judge Erwin -

Miss Gleason & Mr. Harlan, Mr & Mrs Heilig,

Dick Wood & Miss White, Mrs. Orr, &c. &c. &c.

We had a pleasant time – but it so surprised

Debbie that it almost made her ill –

40º below zero, but getting warmer fast.

-11-

Moderating – beautiful morning &

warmer.

-12-

Lincolns Birthday! A beautiful

sunny day – warmer, - fine for the

trail. Nothing more new about my

reappointment which now seems

to be conceded. Well, Hoyt was

treated just as he ought to have been

after his secret and extraordinary

attempt to aid his friends Richards,

Griggsby, McCumber, et. al. His

report is held “unfair” by Justice

Moody – Debbie has card party

tonight: “500” – and will thereby return

some of the social attentions shown her

Mail in from Valdez!!

-13^th-

The “Times” has a scare head this

morning “Another Wickersham In

=vestigation.” Under a Wash. D. C.

head line it says the President

was greatly disappointed in

Hoyts report, and that he now intends

to send another investigator – a member

from the Dept. of Justice – and will

provide carefully against his being

influenced, wined, dined or influenced

in any other way!! The Times also

has a bitter editorial against the

President.

In yesterdays mail I also received

a letter from Henry Bratnober – the financial

and mining representative of {the} Morgan

- Guggenheimer interests in the Copper

River copper & Railroad enterprises.

He repeats to me their desire that I quit

& take charge of their legal interests in

that region – and I intend to consider

it seriously in case of another investigation.

-14^th-

Gibbs – Wright wedding last

night – society event.

-15-

Harry Cohn informed me today that

he was having much concern about

Mr. Harlan, Dist. Atty. and a woman

by the name of Mrs. Snow. She poses

as a teacher of elocution – an actress

of the respectable type – she lives with

her husband at the place where Harlan

boards and his devotion to her causes

much talk – to such an extent that

Cohn ( who is Harlans asst.) wished me

to talk to Mr. Harlan and try to prevail on

him to abandon his attentions. As

Harlan is to go out to Valdez within 10.

days I refused to do so and suggested

to Cohn that it would probably be better

to let the matter alone for the present

and that Harlans absence in Valdez might

obviate the necessity therefor – I do

not feel inclined to talk to him about

it anyway – its just small talk &

has probably no foundation in fact.

We attended a fine Valentine

Party given by the ladies 500 Club at

Richmonds {last}tonight – a pleasant evening

Cohn also came in to see me today

and much to my surprise said that

he wished both me and Mr. Harlan

to go to Valdez, - that he intended to present

the matter of Andersons (prop. “Times”)

libel of Barnette and other matters to

the grand jury – he thought the evidence

in his possession was sufficient to

justify an indictment. It will be a

relief to me to be away if a row of that

kind is to be begun, - not but that

I think it ought to be done but owing

to their fight on me they would cry out

that I would be prejudiced against

them – which is entirely unfounded.

Still, it is better if it is to be done to

have it done before Judge Gunnison.

-16-

40º below zero. Nothing except

Dodge has a 5 column ed

=itorial of abuse, bitterness

gall, pessimism and villification

in his recently purchased “Northern

Light” against me. It is a

“Dodgesque” curiosity.

Have finished all court

work & ready to go tomorrow

-17^th-

45º below zero – but clear –

We left Fairbanks at 2:30

p.m. on the stage for Valdez

& reached Bylers RoadHouse

tonight – 20 miles.

Debbie had nervous headache-

-18^th-

From Bylers to Munsons at Sal

chakat for lunch, a mile out

from Munsons we broke into a

bad overflow – the lead horses

went down into the cold water

- the driver was up to his knees

for an hour - 20º below zero

but we finally got out & reached

Little Delta at 6 p.m. We had

supper & then went on 21 miles

to Sullivans, badly drifted

trail and we got there at 1.

oclock in the morning – tired

- and worn out & oh. so cold.

-19-

A fine clear cold morning

Leaving Sullivans our trail led

to the summits of the foothills

fronting Mt Hayes, & Mts

“Deborah” & Roosevelt,” & it

was the most beautiful panoramic

view of the Tanana valley & the

range between the Tanana & Yukon

that can be found – to the south

the Alaskan range stood out

clear, cold, and clean from

fog or cloud. Mt. Hayes

from that (north) view seems

an old Spanish church

but with a rounded spire

at its south summit. Mt

Roosevelt lies to the N.W. & is

sharp of peak and gashed with

glaciers while Mt Deborah

still farther west is higher

& sharper and worn with

glaciers. Glacial streams

came down from the mountain

mass which these peaks

dominate – they fill the Big

Delta, the Little Delta & in

ages past the sand, gravel &

glacial mud have filled these

streams to overflowing & the

Tanana with the same material

from the mouth of the Big Delta

to Chena – thus forming Bates

Rapids - a Sixty miles of

sand bars over which the

Tanana pours its waters

through many shifting

channels. The evil effects

of this glacial debris is lost

at Chena – from the mouth

of the Big Delta the Tanana is

clean & navigable for 200

miles up stream – from

Chena down it is also navigable

- but between Chena & the Big

Delta it is a network of

tortuous and rapid channels

and wide cut sloughs – from

which comes Ta-na-na –

or “Ta” – rivers – rivers.

We reached Tingleys – at

noon – but the stage which

ought to have met us last

night has not come – several

feet of snow has fallen on the

divide – we will wait here tonight

& go on in the morning – good

as it gives us a needed rest

after last night.

-20^th-

Reached Donnellys – on the

Big Delta – a dirty lousy

hole – Debbie is standing

the trip well – but this place

is too much for her. The lady

of the house is Mrs. Hogan – a

voluble, erratic creature.

A man from next cabin has just

come in & reports two men a

mile below badly frozen – two

men went out to assist them.

21-

A beautiful sunny morning & about

30º below zero. We left the stage sled

at Donnellys and were loaded into

what they call “double enders” – a

smaller single sled with the runner

curved up the same at either end –

and pulled by one horse. Mrs. W

was put into one wrapped in good

robes – but I walked. Each of our

party had a sled & a horse –we

had five sleds and horses, & our

luggage was so loaded as to form

a back to lean against. In this

way we formed a procession out

along the deep cut trail – in the snow –

and reached Parkers RoadHouse at

the Rapids at noon. Lunch &

were joined by Hickey, his wife & brother

Mrs. W & I were put into a sled

she facing forward – I backward.

I called attention before we started

to the snow curling over the opposite

mountains – but it was clear, calm

& sunny – so away we started for

the next road house 15 miles up

the Big Delta river bed. The trail

led along the wide sandy flat

over which this glacial river

scatters its waters during the sum

=mer – now wide, dry & covered

with a deep ~~covering~~ {mantle} of snow. No

one had been along since the

last storm & there was no trail

- Our first horse had only a sled

- no passenger – one sled brought

up the rear owing to the double load.

An hour after we started the wind

dropped from the mountain summits

to the valley and a gale of wind –

30 miles an hour, loaded with

fine snow sprang up from the

north. The Big Delta runs north

and since we were going up stream

the storm was at our backs – but

such a storm! It was 30º below

zero – the wind cut like a knife

and clouds of snow filled our clothes

blinded the horses and men &

made it almost impossible to

go. The men in charge of our train

were first class – horses floundered

in snow drifts – they hunted for

trails – dragged horses & sleds out

of snow banks & water holes - &

backward & forward from sled to

sled to keep the passengers from

freezing. Hour after hour we

struggled on – cold & colder –

the snow sifting into our robes & as

we got it out freezing hands & cheeks.

I kept Debbie from freezing – but

she got very cold – at 12:30 oclock

we found “McDavitts Roadhouse”

- two miles below Caseys Cache

- 13 miles from the Rapids – I

was never so relieved as when I heard

our leader cry “Roadhouse” – How

he found it was known only to him – he is

an old guide and packer - from Atlin

& Dyea packing days of 1897 –

Miss Frazier froze her fingers – not

seriously but painfully – four

men were badly frozen – our guide

had a badly frozen chin – one mans

face puffed out both dangerously &

ridiculously – one man was nearly

frozen to death – nothing but constant

effort got him in – delerious & badly

frozen – It was a dangerous incident

and but for the courage, strength

& skill of our drivers we ~~may~~might

have perished. They tied us in

the sleds – tight & fast, covered us

with furs - yet the fine snow sifted

in to our very skins – melted & the

water froze! McDavitt & wife

got up & as the drivers cut us out

of the sleds & got all into the road

house they built fires got us a

warm meal, & in a short time every

body was engaged with coal oil, band

ages &c. It was a close call –

and 10 hours of suffering & danger.

-22-

Washingtons Birthday.

The hurricane of arctic blasts

at 24º below zero is carrying

clouds of snow up the river today

& we do not move till tomorrow.

Three of our party badly frozen

- on the face – Debbie went out the

closet & very nearly froze getting

there – and got into deep snow &

but for the fact that Miss Frazier

was with her & came running for

me she would have frozen her

hands – within a few feet of the

side door – We are comfortable

in the roadhouse, but the storm howls

over our heads. Capt Hartman

U.S.A. Signal Corps, here on his way

down the Big Delta locating the

new Delta telegraph line.

-23-

Left McDavitts early – fine

morning – clear – calm but

cold. The winds had stripped the

river of snow and we went at good

speed to Yosts – Mrs. McCallums

roadhouse, where we had lunch.

We then turned to the left off Big

Delta river and into Isabelle

Pass. This was so named by

Major Richardson, at my request,

in honor of Mrs. Isabelle Barnette

the first white woman to go through

it – in 1902. It is 3500. feet

above sea level – it was formerly

occupied and was undoubtedly

carved out by the Gulkana glacier

which has in recent (geologic) time

receded leaving it open. It extends

from the Big Delta to the Gulkana rivers.

It is about a mile wide, and the

glacial gravels have filled it level

from end to end – and a mile wide

- a perfectly level gravel floor.

at the Gulkan end is Summit Lake

- the head of the Gulkana river –

which flows into the Copper. The

glacial water from Gulkana glacier

divides on the east side of the pass

- part flows north into the Delta &

part south into Summit Lake.

We had a bad trail into the pass

but from there across the Lake &

down the Gulkana to Paxtons

Road House it was good.

Reached Paxtons about 7 pm.

Found the mail stage from the

south with a great crowd waiting

to cross the pass. Several Fair

banks people.

-24-

From Paxtons – down the Gulkana

- cross Gulkana lake – an enlargement

of the river, to Pollards. Trail

is getting better as we get down

from the mountains.

-25-

From Pollards to Gulkana

roadhouse, at the mouth of the

Gulkana river – into the Copper

at noon. Another Fairbanks stage

here – and telegraphic instructions

to the driver to take us on to Tonsina

tonight – 48 miles farther –

Trails down here good & getting better

Fine sunrise & beautiful view of

Mts. Sanford, Wrangell & Drum

Reached Copper Center – but the

driver had instructions to go on to

Tonsina. Had a talk with Blix

- Holman is at Valdez – just got back

from the states on boat yesterday –

Left Copper Center at 7. p.m. and

reached Tonsina at 12:30 – tired

& cold – 75 miles today.

-26-

From Tonsina to Teikhill today

- getting very much warmer & trail

better. We are now meeting freighters

& “mushers” who have been prevented

from traveling for nearly two weeks by

the storms at Thompson Pass –

Teikhill Road House is full of

people for the interior – a stage

load came in after we arrived –

Billy McKinnon & his wife, from

Fairbanks are in the party, & OShea

who is interested with Al Murphy

in his Chatanika ditch enterprise.

Mrs. W is tired – but standing the

trip pretty well.

-27-

We left Teikhill Rd. House at

6. a.m. the ride down to the junction

& up the glacial fork of the Teikhill

river – through the canyons very interesting.

Lunch at Ptarmigan Drop Rd. House

Crossed the summit – Thompson Pass

at noon – quiet, calm, & sunny – a

rare condition. Supper at Camp

Comfort and Reached Valdez at

8 p.m – 376 miles from

Fairbanks. Debbie stood the

journey well – she is a good traveler

& never once grumbled – she is

more pleasant about it than I am.

We were also agreeably aided by

those who accompanied us – Miss

Jessica Frazier, of Cleary, and

Messrs. Templeton & Dunbar,

traveling men for Seattle mercantile

houses. Took rooms at Phoenix Hotel

Baths – change of clothes & went

to bed – tired – successful - Happy

-28-

We did not get in too soon –

there is a gale of snow & wind

from the mountains today – it is

a real Valdez glacier wind & cold.

Am carefully going over the

business to see what there is

for court next week.

This was a happy day again

- I felt as a mother does who is

presented with a beautiful son after

she has received a beautiful daughter –

I received my first copy of the

Second Alaska Reports.

It is immaterial how hard my enemies

may damn me, they cant take away the

success of my work in Alaska as it

is embalmed in the 1^st or 2^nd Alaska

Reports! Telegraphic reports tonight

say that Senator Nelson called yesterday

on the President to present his last appeal

to him not to reappoint me, - and that

he refused to be interviewed afterward.

that the Dept. of Justice says I will

be reappointed Saturday - Congress

adjourns Monday! If that is correct

it means that the President will give

me another recess appointment on

Tuesday! which will be good for a

year.

March 1^st

Debbie stands the trip fine – it did

her good. Parsons and Chisholm

are here waiting for the boat, and are

to take lunch with us at noon –

-2^nd-

Getting ready for court on Monday

Preparing Instructions to the Grand

Jury, - intend to submit to them

the protests & charges against

Saloons in Valdez –

Mr. Harlan got in tonight

We attended ladies party

at “Tillakum Club” – Mrs. W

won the prize for “500.”

-3-

Snowing. Santa Clara in

- The lawyers from Seward

also got in yesterday on the

“Northwestern”. Mr. L. C. Hess of

Fairbanks is here on his way in.

-4-

March 1907. Term of Court.

Convened.

Have heard nothing yet about the

action of the President – my term

expires tonight: Whether I am

judge tomorrow or not depends

on whether he gives me a new recess

appointment. I am going ahead

upon his assurance that he would

do so!

One of the men who came into

Donnellys Rd. House, on the Delta

on Feb. 20, frozen, died while Harlan

was there – the other recovered.

Received a telegram at

3. p.m. as follows: -----

“ Washington D. C. March 4, 1907.

Hon. James Wickersham

Valdez, Alaska.

Qualify as district judge

third division Alaska under

recess appointment signed today.

Bonaparte, Attorney General.

“

President Roosevelt did what he

promised he would do, and that in

spite of Hoyts miserable fiasco.

This appointment is the fifth or

sixth recess appointment which

the President has given me in the

face of the most extraordinary fight

ever made against a presidential

appointment – so far as I know.

It gives me great satisfaction

since it confounds McCumber

and his false charges. My enemies

will thrust greatness upon me if

they do not quit! This verdict

certainly puts an end to the charges

now on file with the Senate, and which

were rehashed by Senator McCumber

in his letter of July 3, 1906, to the President.

I sent a reply to the Attorney Generals

telegram saying:

“Telegram received qualified accordingly.

Court in Session.” He will thus

know that I am here and at work.

-5-

Court work is slow and cases of

minor importance. I gave Holman

of Copper Center, a copy of Hutsons

report against him & of the Attorney

Generals letter – He is much concerned

about it, and is gathering testimony

to disprove the charges.

Debbies cold is better but she is not

as well here as in Fairbanks – She

is anxious to get away and thinks

she will go on the Saratoga.

-6-

No jury work yet – cases are

not ready – The Grand Jury is at

work – and but little to do. They

are examining into the Holman charges

and Holman is here and busy with them.

“Saratoga” came in tonight –

Jim, Hill, Tiffany, Ketterer, Larson

& wife & others going to Fairbanks

are here. A hundred people in this

boat – and the stage carries but

Nine!!

Mr. Harlan got in from Fairbanks

4 days ago – Alice Gertrude (Snow)

came in from same today. They are

domiciled at the Phoenix!!!

-7^th-

Court work – nothing new –

-8^th-

Court work – John L. McGinn

got in from Fairbanks today.

Dinner tonight with the

Wikidels. Grand jury working

slowly – on Holman case &c.

and on Valdez license matters &c.

-9-

Telegraphic dispatches

tonight say that the President

has appointed one Alfred Connelly,

an assistant Attorney General, to

come to Alaska this summer &

make the Third Investigation:

I am thus again to be subjected

to a secret and Star Chamber

trial, upon charges which they

dare – or do, not – show me, made

by persons unknown and upon the

evidence of witnesses who do not

face me. It is an attack of

cowards from ambush, and is

fostered and encouraged by

the hopeless incompetency of

the Department of Justice.

I have courage to fight open enemies

and even secret enemies – but to

longer continue to contend against

incompetence and ignorance

and even worse in the Depart=

=ment of justice is heartbreaking

I shall not submit to another

investigation, but will resign to

take effect June 6, 1907, - the

end of my seventh year as judge

in Alaska. It will require

more courage to resign than to fight

but I am determined to resent any

further insult and degradation

by the Department of Justice

and know of no other way of doing

it. Still the 1^st and 2^nd Alaska

Reports, are some satisfaction

even for it all – but I am not

obliged to stand more.

Have tried two jury cases

today – and a divorce case {today}.

The business of the court is moving

more rapidly. Grand jury will

report on Monday & be discharged.

Will probably indict Graff &

report strongly for Holman.

-10-

Sunday – beautiful sunny

day – nothing new.

While the telegraphic dispatches

say that “Alfred Connelly” an assistant

Attorney General, is to conduct the

investigation against me – no such

name appears in the list in the Dept. of

Justice – but “Alfred W. Cooley.”

appears and that is probably

the person intended. He is from New

York, and that fact renders it more

probably that he is the one intended.

-11-

Grand jury makes Final and a

Special Reports, and was dis=

charged. They exonerated Holman

and strongly advocated his being

retained as Com. at Copper Center.

Trial of U.S. v Baily, for murder

begun, - it will take 2 or 3 days.

Str. “Saratoga” back from Seward

& goes out tomorrow night.

-12-

Continuation U.S. v Bailey –

got jury this evening at adjournment.

Mrs. Wickersham went out on

“Saratoga”. Mrs. Heilig, Mrs. Reynold

=son, Lyman R , and 5 other stage

people got in at 9. oclock and

also went out on Saratoga. They

report that both weather & trail

were fine all the way. John McGinn

also went out – he was sober enough

this afternoon to come up to see me

- but was normally drunk when

the boat started. Mr. Harlan &

“Alice Gertrude”, Mrs. Snow, had

adjoining rooms also. Poor Harlan

he seems to have utterly collapsed

- he has made such a public spec

=tacle with this woman that nothing

more can be done to help him. He

is reported to carry on his demonstra

=tions of affection even in the open

public vehicles, & Mrs. Heilig, &

Mrs. Reynoldson brought out stories

from Fairbanks & on the trail that shows

what I now begin to consider – that

his grief over Ed’s death has unsettled

his mind. He and Mrs. S. have been

rooming at the “Phoenix” and “Dad”

Osgood, told Mrs. Allen, his sister, that

“Mr & Mrs. Harlan came into the bath

house and took their bath last night.”

Mrs. Allen came to inquire of Mrs. W

of Mrs. Harlan was in town & Mrs. W

innocently enough said “No” – that

she was in York, Neb. – and the cat was

again out of the bag and on the back fence.

Harlan seemed ~~very much~~ no, not

“very much,” – but rather stolidly interested

in the fact that Mrs. W & Mrs Heilig

& Mrs. Reynoldson were going on the

same boat with him & Alice. Abe

Stein brought him down a big black

bottle – he is drinking heavily - & I

fear that his usefulness is about

ended – he must be 62, or thereabouts.

He talked to John McGinn in a very

foolish fashion about this infatuation,

for the woman & John repeated it to

me in the same maudlin way, & as

wisely as a drunken owl could, announ

ced that Mr. Harlan “was going to hell

as fast as he could.”

“We condone the sins that we’ve a mind to”

“By damning those we’re not inclined to.”

Gave Mrs. W $200. in money &

check for $1000.

-13^th-

Trial of U.S. v Bailey, for murder

1^st degree, jury secured & case

well advanced. Mail from

Fairbanks on last night stage.

Copy of last “Northern Light”

Dodges editorial is an attack

is as usual. Also a letter from

Dick Wood, telling me of a row at the

Club – Carr called Dodge & Maddocks

“Sons of B” - &c and when Charles, of

the Northern Light assumed responsibility

Carr told him that he was worse than

a Son of a B . Woods says that

10 of the advertisers in the “Light” (?)

withdrew their ads: Dodge’s ed

=itorial says he was “threatened

and labored with during the past

week by all sorts and conditions

of men and women,” to quit his

blackguarding the court, but

he announces his intention not

to do it. Still this effort this week

shows that he is laboring hard to

maintain himself. He is so

virulent and unfair that he will

readily disgust people with him

self and paper – so “give the calf

rope enough and it will hang

itself.”

-14-

Trial of U.S. v Baily finished &

instructions to jury at 8. p. m-

jury out & case finished for this term

It is a doubtful case.

Defendants attorneys announced

at the conclusion of the instructions

to the jury that they took no exceptions!

-15-

The jury in U.S. v Bailey returned

a verdict at 9 oclock this morning

of Murder in the Second Degree.

The “Northwestern” came into

the harbor at noon. Judge Gunnison

is aboard, also Kellum & wife

Clarence Berry & wife, Zeig & wife,

Ivor Johnson, Pete Annance &

a lot of other Fairbanks people.

Gave a dinner at Wikidels to

Kellum & wife, Berry & wife & Ed. S.

Orr. Judge Gunnison went over

to the Fort Liscum & could not come.

Jury trial of A.C. Co. v Butler – the

verdict for plaintiff.

-16-

Jury case of Hugh Murray v

Threiman Mining Co. all day –

A high glacier wind blowing

clouds of snow flying, and a

regular Valdez storm prevailing.

Judge Gunnison cannot get back

from the post today. Heard the

Bankruptcy of the Chilita Devel. Co

on objections of Nazina Trading Co

and Herman Meyer. Overruled

objections & closed the case finally

The “Northwestern” was blown away

from the dock by the high winds this

morning early, and went out of

the harbor to Seward – she carried

away a lot of Fairbanks folks

who had gone aboard to sleep

& left a lot of Seward people

who slept ashore - & there is

some disappointment & cussing

in consequence. Have determin

=ed to adjourn court on Saturday

night week – 24^th – and go to Juneau.

E. C Hughes, and the Hubbard-Elliott

people, & Carson from Salem, Or.

the the Mrs. Elliott side are here -

-17-

Sunday. Working on instructions

to jury in 3 Man Mining case.

Wind has quieted down some &

probably Gunnison can come

over from Ft. Liscum today. Am

invited to dinner this evening at

4 oclock at Geo. M. Esterlys –

Capt & Mrs. Hemlick & Judge Gun

-nison will also be present.

-18-

Judge Gunnison left here

this morning for Fairbanks.

Case of Hugh Murray v 3 Man

Min. Co. still on trial – one of

the witnesses for plaintiff has

clearly committed bold perjury,

& plaintiff and his attorney

know it – and still offer

him as a witness!!

-19-

Instructed jury in Murray v

3 Man Mining Co – and they

have been out all day & tonight

- and it looks very much like

a hung jury.

Have been trying case of Elliott

v Elliott & Hubbard & Elliott

Min. Co. &c. An equity case by the

first wife of H.C. Elliott to recover

an interest in his mines on account

of a grub stake agreement made

in 1897 – She is Elliotts first wife

- his second & present wife is

young & dashing – the first is

plump and buxom – and they

glare at each other, while he looks

at the ceiling or out of the window.

It must be damned embarassing

to have two beautiful wives at the

same time. The case will take

some days. Wrote to Debbie

tonight & “Northwestern” will take

it out. Windstorm is over & the

weather is pleasant again.

Pressing court work hard.

-20-

Trial of Elliott v Elliott, Hubbard

&c. still on – an interesting case

Jury in Murray v 3 Man Min. Co.

was unable to agree & discharged.

This makes it a burden for the judge

to decide the case in One Man Min. Co

v Murray, when exactly the same

facts are involved.

-21-

Trial of Elliott v Hubbard –

Elliott Co. et. al. still on – it

is interesting as containing the

history of the Stampede up the

Copper River in 1897 – ’98, and

as the line upon which a

Chicago divorce! some romance

and a little sentiment are

strung.

We hear tonight that the Steamer

“Northwestern” which is over

due from Seward is on the rocks

at La Touche – no lives lost.

-22-

I concluded the hearing of

the testimony in the case of Elliott

v Hubbard – Elliott Co. et. al. this

afternoon. E. C. Hughes of Seattle

attorney for the defendant insisted

upon oral arguments – but I refused

to permit it since that would necessitate

reading a great mass of testimony

letters, &c. and since I must leave

on Sunday on the Str. “Portland” &

wish to finish the other business

of the court. He urged – truthfully

that $25,000,000 seemed to be involved

in the case – and that the court ought

to hear the fullest argument – I agreed

to that but replied that briefs in

writing should be filed by all

parties – the plaintiffs to have 20

days to file & serve – the defendants

20 days thereafter to file & serve

& plaintiffs 10 days thereafter

for reply - & the case took that course.

-23^rd-

It has been the most stormy period

at Valdez since Mrs W left that

I have ever seen – high winds &

clouds of flying snow – a regular

blizzard – for many days at a

time. The worst I ever saw.

Sentenced Jacob R. Bailey

for Murder in the 2^nd degree

25 years: Decided case of

One Man Mining Co v Hugh Murray

- for plaintiff – Also decided

every other matter before the court

- including applications for

liquor licenses in Valdez.

Denied the Suessdorf license

because it was within 400 ft. of

the church – and granted all the

others – denied that Worttmans

Road House – because on Mil. Res.

Court is done - & I am ready

to go to Juneau on the Portland

tomorrow.

-24-

Worked all forenoon in the

office – signing orders for pay

of jurymen, witnesses &c. &c

and left Valdez at 1. p.m

sharp on the Str. “Portland”

Prince William Sound is calm

as a millpond – and at nine

tonight we are at Sea, - it is

a moon lit night – calm & fine

Looks like a fine trip. The

Hughes’, Carson & Mrs. Elliott

No 1. and Tom Lyons & his wife

Murray & others on board –

I leave Valdez without an

unfinished bit of work behind

me – everything is done and

I am greatly pleased thereat.

-25-

Fine day – calm as a mill

pond and I did not miss

a meal – though I do not

enjoy the smell of the ship

-26-

It was rough this morning

and as I had nothing else

to do I remained in my berth

- we passed Yakutat by

and came straight across

to Icy Straight – entered it

this evening, and we are

now sailing along with that

long line of ice bergs coming

out from Muir Glacer. On

bored are my old friend and

guide, Col. Revell, who went

with Mr. Stewart & I to Kenai

lake & river moosehunting

in Oct 1905, - Mrs. Sam Wall

- talking about the rate of interest

on loans, & a number of Fair

banks & Seward people –

Weather inside & we will

get into Juneau on record

time.

-27-

Arrived in Juneau this morning

at 6 oclock – Occidental Hotel.

Bath, shave – clean clothes –

Went to Court House at 10 -

Judges rooms are much finer

than anything in my district

or home. Began the reading of

every paper in Decker Bros

v. Berners Bay Min. Co.- the

particular case which the Attorney

General requested me to try at

this place. Have concluded

to go on down to Seattle & Tacoma

tomorrow night to visit Debbie

& Darrell – I can easily

return before the 8^th of April

when court meets & there is

nothing much to do till then.

Took dinner tonight with

General Distin – Acting Gov

=ernor in Gov. Hogatts

absence – at the “Mess.”

-28-

Continued examination of the

record in Decker Bros. v Berners

Bay. Min Co. Called attorneys

in & asked them to arrange

docket of cases ready for

trial. Examined papers

in disbarment of Cobb –

Dinner tonight with Shoup

& family & Genl. Diston.

Will leave for Tacoma in

morning on “Humboldt.”

-29-

Left Juneau just before noon on

the Humboldt – Capt. Baughman.

Making slow time on account of the

Narrows. Met George Marx – one

of C. D. Lane’s experts who has just

returned from the new quartz strike

on Chichagoff. Is. Marx went

over the Chilcoot Pass in 1883

& was working a bar at the

mouth of Stewart Riv. when

Schwatka came down the Yukon –

Carr & his party were at Ft. Reliance

in 1882 – Marx was induced to

go in by Schelfin – who went

up from the mouth.

-30-

Ketchikan at 1. p.m. The whole

country covered with snow & cold.

Snowing after leaving Ketchikan.

Tonight calm but cloudy

-31-

Snow storm – squall - as we

entered Millbank Sd – but this

evening when we crossed Queen

Charlottes Sd. it was clear &

fine. Coasting down the

east shore of Vancouvers Is.

with the “Dolphin” in the distance

behind us – burning coal like Ves

=uvius” to catch & pass us –

Home tomorrow -

-April 1^st

This morning we are in the

Gulf of Georgia – We now begin

to see the “Musquito fleet” – small

tugs and vessels of all kind &

it looks good! Trip has been

very pleasant – no worry – no

troublesome passengers – a

good ship & captain. On

board: Elliott, Sr. Hughes & wife

Francis & wife – of the Elliott case.

Nowell, of the Berners Bay case

has had the room next to mine

but has attended strictly to his

own business as have the others.

Only a few passengers aboard.

Cloudy, but temperate – We’ll

be in Seattle at 7. this evening.

3. p.m. Port Townsend – the great Str.

S.S. “Minnesota” passed us going

out. Puget Sound looks as good

as biscuits to a hungry man –

Reached Seattle at 6:30 and

found Debbie at the Rainier –

Grand Hotel – but Darrell over at

the Navy Yard at Bremerton. Am

delighted that I came – found

that most of the Fairbanks people

- including Barnette, McGinn &

others had gone on the “Saratoga”

-2-

Darrells 25^th Birthday.

He came over this morning from

the Navy Yard – we ordered him a

fine new suit of civilian clothes.

Had an automobile ride, and a

good dinner & then he and Debbie

went to the theatre to see Blanche Walsh.

Major Richardson is here & Jarvis

and they tell me that Birch will

be here tonight

-3-

Telegraphed for mother to come

to Tacoma – Debbie & I went

over and met her. Took all

my books up to the library

including those at Geo. Reids

office. Deposited money in the

Nat. Bank of Commerce

- my bal. there is $3,500. –

Visited Tom & Kate – back to

Seattle on the Inter Urban Ry-

-4-

Called on Col. Blethen, of Times

Wilson of P-I. & other of my

Seattle friends. Birch took

dinner with us - & had a talk

with him – he seemed to want

me to become their Alaska

counsel – attorney - but I

finally said “No” – I explained

to him that the Railroad – Mines

-Transportation consolidation

would necessarily have to have

general counsel at Seattle &

that the Alaska attorney would

be merely a lesser part of

the plan – and that I could

not afford to become the

lesser part. He agreed to

present the proposition to the

Morgan-Gugenheim people

of making me the general counsel

- but nothing definite was done

or accomplished –

Major Richardson was at

breakfast with me this morning

- he said that it was reported

to the President & his friends that

I was engaged in an attempt

to elect a Fairbanks delegation

from Alaska for 1908 – and that

it was considered objectionable.

I assured him that while I was

friendly to Mr. Fairbanks that

I did not intend to take an

active part in the matter &

that he might say so – that

if I did so – I should first

resign. Called on Mr. C. D

Lane – who is now totally blind.

Left Seattle on the “Dolphin”

at 10:30 tonight for Juneau.

Darrell & Debbie at the Rainier

Grand.

-5-

Active Pass at 8. a.m – passed

Seymour Narrows at 4 p.m.

Heavy wind astern all day – the

“Dolphin” is greatly overloaded

- I notice that her boats are

cleared ready to lower & they

gave every one instruction in the

method of putting on life belts!

Boyce, District Atty. is aboard.

Millbank Sd. Stern wind

good weather.

-7-

Ketchikan early this morning

& Wrangell at noon. We wait

=ed till 4:30 at Wrangell wharf

on account of low tide in Narrows.

Visited Indian town with R. J. Davis

of Tacoma – inspected totem poles

old grave sites, &c. Met Morris

Hailey – once enlisted soldier –

discharged at Ft. Wrangell – now

runs small store & buys furs

from Indians. Also met Bronston

Dep. Col. of Customs, Snyder, Com

& Recorder. Wrangell is steadily

declining in appearances &c –

Beautiful Wrangell Narrows!

Kake Indians live just north

of the Narrows – In 1853 a band

of these rovers killed Col. Ebey,

Col. of Customs of Puget Sound

on Whidby Is. & carried his

head off to their far northern

home.

-8^th-

We remained the latter part

of the night at the Keegan Cannery

in the little bay just south of the

Taku Inlet {the old Taku village}

- left there at

8:30 & arrived at Douglas

at 10:30 – took the ferry &

was in court at Juneau

promptly at 11 oclock –

Called court – Page, Clerk,

Shoup, Marshal – Heard

the Motion calendar all

afternoon. A strike is

on at the Treadwell Mines

- 75 U.S. soldiers there under

command of Col. Greene – 10^th

Inf. U.S.A. He and I took

dinner this evening with

Marshal Shoup & discussed

the plan of the Marshal & the

U.S. forces acting in concert

in case of riot there.

It does not now seem that

trouble will ensue – the prompt

appearance of the troops has

had a quieting effect - &

I think it probable that the

strike will dissolve & fall

of its own weakness – but

the forces are prepared for trouble

-9-

Busy setting pleadings in Decker

v Berners Bay Min. Co. Case, & today

consolidated that and the case for the

foreclosure of the Mortgage – set the

case for trial on the 11^th. Finished

the call of the Motion Docket – an

overgrown, fat and wobbly docket!

Wrote the Attorney General in

answer to information that he had

instructed clerk to deposit funds

in First Nat. Bank, protesting

against such action because, 1^st

- it gives the public moneys into

the banks hands to loan at from

3 to 5% per month : 2^nd it

prevents the clerk from paying the

Marshals checks – and they are

then discounted at from 5% to

10% - It is a smooth scheme

of the First National to break

up our efforts to keep the Marshals

checks at par!

-10-

Miss Yule, principal of the High

School, accompanied by Mrs. Shoup,

came to invite me to deliver an oration

on Seward, on “Seward Day” – May 16.

I promised to consider the matter

and give my answer late –

Appointed L. L. Williams, Jury

Comr. to draw Petit Jury for this term.

Finished the call of the Motion Docket

& all dilatory pleas to date settled.

-11-

Trial of Decker Bros. v Berner’s

Bay Min. & Mill. Co. begun – this

is the most important case in the

district – begun 10 years ago by

the appointment of a Receiver &

involves more than a million dollars.

The real contest is that of priority

between a mortgage for $500,000.

& a larger amount of subsequent

Receivers certificates. Testimony

now under way.

-12-

Trial in Decker v Berner’s Bay M & M

Co continued. At nights I am

now preparing my report & decision

in the matter of the charges against

Hohman, Com. at Copper Center.

Have consented to deliver an

oration on Seward Day – May 16^th.

-13-

Trial of Decker Bros. v Berners

B. M & M. Co. continued –

Drew trial jury in court at 1:50

L. L. Williams jury commissioner &

C. C. Page, Clerk. 36 jurors drawn

for April 29^th.

Louis Levy came with his parents

to Sitka in 1869 - talks the Thlingit

language – buys furs, &c. sells

Indian curios. He is a fine fellow

& I am trying to get him to assist

me in collecting small but typical

Thlinget outfit, weapons, carvings

&c.

-14-

The “Transcript” is published

by J. W. Frame here in Juneau,

and has for a long time been

criticising & roasting me. In

its issue yesterday it made

full apology – took it all back,”

and commended me for the manner

in which I have carried on the work

of the court here. The other two

Juneau papers, - the “Record-Miner”

& “Dispatch” have editorially

done likewise.

Gov. Hoggatt arrived this morning

from Wash. D. C. Met him & the

Marshal Shoup, at Gov. house to

-night to confer on Treadwell

labor strike which is growing

more dangerous. Gov. tells me

that Bonaparte, Atty Genl. thinks I am

at fault for not personally seeing

that gambling laws were enforced –

- as if I were a policeman or marshal

-15-

Trial of Decker v Berners Bay case

still on.

Recd. telegram from Henderson repeating

telegram from Atty. Genl. asking if he

was depositing court funds in First

Nat. Bank. I explained the matter

to the Gov. who agrees with me that

the bank ought not to be permitted

to so use the public funds that they

will destroy the public credit –

but he does’nt understand either.

Frame, ed. “Transcript” & Levinsky

the Pres. of the strikers union at Tread

=well had street fight today – Five

strikers arrested for beating up a

non-union man at Douglas.

Wrote Debbie short letter.

-16-

Sent Atty. Genl. telegram about

court funds in 1^st Nat. at Fairbanks

asking him to wait till he received

my letter of explanation of the 9^th.

before making further demand on

clerk at Fairbanks to deposit funds.

Berners Bay case hearing.

-17-

Berners Bay evidence closed

& arguments now on hearing.

Made up my Quarterly Acts.

for year last past and send them

to Atty. Genl : amts as follows:

1906, April – June Quarter - $501.40

“ July – Sept. “ 85.75

1907, Jany – Mch “ 421.30

Total - $1008.45

The June Quar. is for my Washington

Expenses – at Raleigh Hotel from

April 1 – to June 26. my bill for the

previous Jany – Mch Quarter is

unpaid also, and I will probably

have to fight to get here – the rest

will be all right – no trouble.

Wrote Debbie good long letter

today. Sent Bob. Coles $100. on

grub stake for 1907 -

-18-

Arguments in Decker Bros v

Berners Bay Co. case still on

- all day and forenoon tomorrow.

-19-

Telegram from Atty. Genl over=

=ruling my objections to depositing

Clerks money in the First National

Bank – I have telegraphed some

to Clerk with instructions to comply.

-20-

Finished taking testimony in the matter

of the disbarment proceedings against

J. H. Cobb – brought by Shackleford.

The fight grows out of the old case

of Decker v Berners Bay Co. et. al. &

the evidence does not disclose any

act of particular moral turpitude

on Cobbs part – though he did not

quite obey the instructions of his

client. Have instructed the attorneys

to propose briefs & statements of

fact – will decide it after I do the

Berners bay civil case.

-21-

Sunday – working on my opinion

in Berners Bay cases – George & I

took dinner with Gov. Hoggatt at

the mansion on the hill. The Gov.

is a widower & lives alone – Jap. cook.

George Irvine – attorney from Ketchikan

is staying with him & we four had

a jolly dinner & a good cigar.

-22-

Heard Motion docket-

-23-

“Jefferson” in from Sound. Letter

from Debbie. Tried case of

Juneau v Ashby – decided it.

Began Decker v Decker.

Mrs. Tom. McGowan “blew in” –

with telegram from Tom to Judge

Williams asking intercession

with Governor to let games run

at Fairbanks till close of navigation.

I positively declines to do anything

to aid the matter – it will be a good

1907

- April 23 – continued

thing to close them up & forever

stop the threat which always

lurks behind the bad practice.

Fairbanks is now a closed town

& I intend to see that it remains

so - & Valdez too.

-24-

Mrs. McGowan – Tom McGowans

wife came in last night and met

me at the Hotel she had a tel

-egram from Tom to see about the

efforts to close gambling at

Fairbanks – I declined to do

anything in the matter and I

think she has failed to get any

information more than it was

closed by order of the Atty. Genl.

She left this afternoon on the

“Jefferson” for Seattle. Took

dinner with Gov. Hoggatt &

talked politics for an hour.

-25-

Still hearing the consolidated

cases of Decker v Decker, invol

=ving an old estate matter here in

Juneau into which Barnes has

inserted his nose up to his shoulders.

-26-

Finished trial of the three consol

=idated cases of Decker v Decker

= this noon and decided them at

once against Mrs. Decker, who

was crying fraud – at Barnes

suggestion. Barnes is a typical

shyster lawyer – thoroughly unscru

=pulous and dishonest & she is a

fool widow with some money & a

healthy desire for a man. Also

heard the case of Rea v Electric

Light Co. but it went over till morn

=ing for argument. There have

been five continuous days of the most

beautiful sunny spring time I

have seen for a long time.

-27-

Decided the great bugbear

case of this Division today –

The Berners Bay Case – in favor

of the prior lien of the bondholders.

This case has been in this court

for ten years, being begun in

1897!! Read an opinion –

& since I decided against the

local certificate holders I expect

that a new crop of kickers will

now start up like weeds from the

muck patch.

I must now prepare my opinion in

the companion case – In re Disbarment

of Cobb - who is being prosecuted by

the bondholders for whom I decided

the above case.

Had a house full of ladies today

when I read my opinion – on

notice had been given until 3 hrs

before the opinion was read but

they came in on short notice!

[newspaper clipping:]

“THE DISPATCH, Juneau, Alaska.

OFFICIAL PAPER OF THE CITY

Judge Wickersham appears to have

grasped the situation and is winning

the favorable comment of attorneys

and litigants by his prompt action in

disposing of important litigation

which is retarding the growth of this

section. In the past twenty days he

hasa accomplished wonders by his

tireless efforts to clear business. It is

hard to conceive why a few people in

Fairbranks could stir up such a moun-

tian out of small ammunition in the

fight against his confirmation . It

looks as if Teddy knew right from

wrong when he carried the Wicker-

sham banner into the face of the

enemy and planted it on the hill of

re-appointment We are glad that

southeastern Alaska, with few excep-

tions, stood solidly behind Wicker-

sham. He is certainly making good in

this section.”

-28-

The Record-Miner said this morning:

[newspaper clipping:]

“THE BERNERS BAY CASES

The decision yesterday of the

Berners bay cases is one of the

most important judicial events

that has ever taken place in

southeastern Alaska. These

matters have been in court for

[newspaper clipping continues:]

ten years and the litigation has

been ably conducted by the at-

torneys on both sides; the rights

of the respective parties have

been carefully looked after and

the last act in the great legal

drama was played yesterday af-

ternoon when Judge Wickersham

handed down his decision. There

were large interests at stake in

these noted cases and there were

quite a number of local parties

who held claims in the shape of

receiver’s certificates, but the

great bulk of these were in the

hands of two or three individu-

als. Those interested as well as

the people at large will not be

sorry that the law’s delay is

over. It was time a decision was

reached, no matter which side

was sustained. All parties in

terested will now, each in their

turn, have opportunity to pro-

tect their rights by application

to a higher court. The people

of Juneau, as a whole rejoice

that the Berners bay cases are

out of the local courts.”

Dinner this evening (Sunday) with Gov. Hoggatt

- present Col. Greene, Capt Marshal

Shoup, Geo. Irving of Ketchikan and I.

-29-

Trial jury comes into Court his

morning. Case of U.S. v Reed

- spent all day & an evening

session trying to get a jury – went

over till tomorrow. A large num

=ber of lawyers & litigants interested

in the “Perseverance Mining Case”.

have arrived & evidently that litigation

is going to expand greatly.

-30-

Beautiful sunny morning.

Got jury in U.S. v Reed & case on

trial. Boyce, Barnhill & Irving

U.S. Dist Atty & deputies for U.S.

Shackleford & Lyons for defendant.

May Day.

A beautiful sunny day. Hard

at it in U.S. v Reed. Mail today

letter from Debbie & several from

Fairbanks -

-2-

Recd. papers from Fairbanks.

Dodge & his friends won out

in the city election and have

charge of the city government.

The Business Mens Ticket – headed

by Dr. Cassels was defeated – and I

am not sorry. The gambling

has been shut down – never to go

again – and the Unions have also

practically shut down the mines.

Hard times will catch the whole

outfit within 6 mo. and they will be

damning Dodge & my opponents

for conditions which were inevitable

anyway – but my opponents got

hold of the handle just when it

gets hot – and I shall be interested

in seeing just how long they will

enjoy it. I shall see that the

heat is maintained at the boiling

point till they are warm through!

May 3

The Record-Miner has this editorial

this morning:

[newspaper clipping:]

“ Judge Wickersham is making

a record for prompt work on the

bench here. His example is fair-

ly contagious, with all who have

business with the court this

term.”

Trial of U.S. v Reed, murder

has occupied all week – submitted

to the jury today. Have taken

up the case of McFarland v Perseverance

Min. Co. – an equity case, on account

of so many foreign counsel & witnesses

here.

May 4^th

U.S. v Reed – Verdict “not guilty”.

Perseverance Case on trial now.

Fairbanks papers & mail – Dodge

& his fellows are already fighting over

the spoils. Gunnison seems to be

at work in good shape. Dome

Creek case set & probably on trial.

-5-

Beautiful sunny Sunday.

Dinner with Gov. Hoggatt – the

Shoups – Marshall & Mrs. & the

two daughters & Miss Trimmer

also Genl. Distin present.

-6- (Wrangell)

Heard motion docket all day.

The ~~Ketchikan~~{Wrangell} Sentinel” had an

editorial last week severely arraign

=ing Gov. Hoggatt for calling out

the military at Treadwell – it was

so rankly traitorous – another Editor

is U.S. Commissioner, Justice of the

Peace &c. The Governor wrote me a

letter enclosing the paper and

requesting his removal – I telegraph

=ed the whole to Judge Gunnison

& requested his action – Today he

telegraphed to me requesting me to

give the Com. notice & to act –

I wont hesitate to give him notice

& then remove him! -

-7^th-

Trial of the McFarland v Perseverance

Co. – mining & water right case.

With Gov. Hoggatt & Marshal Shoup

went over to Douglas & Treadwell

tonight to call on military officers

- Col. Greene & Capt. Dean.

They & a portion of their forces will

leave for Ft. Seward tomorrow as

the Treadwell strike seems to be in

a state of collapse.

-8-

Newspaper dispatch this morning

says Atty. Genl. Bonaparte leaves

the Cabinet – I am glad of it, as

he seems to be against me. He

listened to Hubbard - & took

prejudice without knowledge

I gave Snyder, Com. at Wrangell

notice by telegraph to show cause

why he should not be removed for

denouncing Gov. Hoggatt for calling

out troops at Treadwell -

Snyder answered my telegram

- halfhearted & sly disapproval.

I gave him 3 days to answer & will

do nothing more till Monday –

-9-

Just received letter from Debbie

& enclosed was the following clipping:

[newspaper clipping:]

“ANDERSON INDICTED

ON CHARGE OF FORGERY

Special to the Post-Intelligencer.

FAIRBANKS, May 2. – L. B. Anderson,

former owner of the Times, of Fairbanks;

E. B. Condon, leyman for Anderson on

Dome Creek, and James Osborne have

been indicted by the grand jury on a

charge of forging the name of V. A.

Green to a quitclaim deed to a quarter

interest of the Anderson group on Dome

Creek, in favor of Anderson. This caused

a sensation. Anderson today transferred

his interest in newspapers to Frank Man-

ley, Roy Maddocks and John Ronan.”

Evidently Barnette & McGinn are

getting busy with Anderson & his

malicious gang of blackmailers.

I am glad that they are fighting during

my absence. Manley, Ronan and

Maddocks show up – they are

the “gut” that connects the Siamese twins

- the Times & Northern Light

I am tired ! Tired all the time &

sometimes in court I feel as if I must

adjourn & go out to the mountains &

rest. My friends tell me that I work

to hard – too many hours on too many

days & months. But I cant stop

for a while – not till the Annual

Investigator has come & finished

Ordered Grand Jury drawn today

to meet on the 20^th & also announced

that I would not go to Skagway to

hold term beginning June 3^rd.

Business here is much more important

than that at Skagway. Another case

involving a half interest in the Perseverance

mines in the Silver Bow basin was submitted

to me for trial yesterday on stipulation

- parties refused to come into court

except upon my promise to try the case.

They evidently wish the case tried and

decided at once – before Gunnison

gets home, - and I will do it.

-10-

McFarland v Alaska Perseverance

Case still dragging along.

Recd. telegram from Atty. Genl.

today as follows:

Washington, D.C. May 10, 07.

Wickersham, U.S. Dist. Judge.

Juneau, Alaska: It is desired

that you remain at Juneau until

all business before present term

of court is completed.

Bonaparte.

This means the Gov. Hoggatts attempt

to keep Judge Gunnison at Fairbanks

till my investigation is finished &

make him work some, has succeeded-

Attended the reception given to

Gov. Hoggatt by the ladies – held at the

hall and was a most enjoyable

affair. I went with Genl. Distin

- poor old man – he is brokenhearted

over the recent death of his wife

& son -

-11-

“Cottage City” came in last night

from Seattle – mail. Trial of the

case of McFarland v Alaska – Per

=severance Co. still on – all week.

Evidences finished today & arguments

on – but postpone further argument

till Monday evening, as I intend to

take up jury cases on Monday.

-12-

A rainy blue Sunday –

I am engaged now in preparing

a 30 minute talk to the school

children – the Seward Club – for

the 16^th – the 106^th anniversary

of the birth of Wm H. Seward.

Dinner with Gov. Hoggatt.

-13-

Trial of Leon v Alaska Treadwell

Co – personal injury case – jury –

Also heard argument in evening

McFarland v Alaska Perseverance

Co -

-14-

Genl. Greeley is reported in the

newspapers as having delivered

an address to Geographical Soc.

in Chicago, wherein he said that

Alaska judges ought to be hanged

& only represented private interests.

I called the matter to Gov. Hoggatts

attention & he has promised to

call it to the attention of the Dept.

Dinner with Gov. Hoggatt, Geo.

Irving & Marshal Shoup tonight

Gov. H. has written a formal letter

to his department and to President

Roosevelt calling attention to Genl.

Greeleys “knock”. I doubt if it

will accomplish any other

good purpose than to challenge

the alleged facts in Greeleys talk.

Jury trial in Treadwell case on.

Also argument in Perseverance

case.

The Greeleys attack is as

follows:

[in margin:] Juneau Record-Miner

In this he said that

he was surprised that

all public officers a few

years ago were not hanged

-the newspapers bring

it to date.

[in margin:] Juneau “Transcript.”

[newspaper clipping:]

“ Chicago, May 13. – General Greely

in his address before the Geographical

Society here Saturday night declared

that Alaska is badly governed. He

says the nation treats Alaska as if her

citizens were Indians instead of pro-

gressive Americans. He further de-

clared the courts were only the instru-

ments of private interests. He de-

clared in closing that Alaska has

never been treated fairly.”

-15^th-

Accepted resignation of John

Burton, Com. at Cordova, and

appointed Lee Van Slyke in

his place. Treadwell damage

case still on trial.

Heard argument in the Water Case

till 10. tonight & am tired as

a dog. I have talked well but

too long – 12 hrs. on bench today.

-16-

Telegrams from Fairbanks

[newspaper clipping:]

“Fairbanks, May 16. – Upon motion

of the defendants a non-suit was grant-

ed against Burnett in the famous Dome

creek mining case which Judge Wick-

ersham refused to try. Later upon ap

plication Judge Gunnison granted an

injunction restraining the striking

miners from interfering with the

washing up of the dumps. This is be-

lieved to be the opening wedge for the

settlement of the strike.

Fairbanks, May 16. – A twelve hun-

dred dollar nugget was found on Dome

creek yesterday. Today Deputy U.S.

marshals are protecting the non-union

men washing up the dumps. The

strikers will hold a meeting this even-

ing to pass resolutions against govern-

ment by injunction in the Tanana dis-

trict.”

And from Washington:

"newspaper clipping:]

“ Washington, D. C., May 16. – Assis-

tant District Attorney Cooley will be

unable to go to Alaska this summer to

investigate certain charges against

Judge Wickersham by reason of press-

ing business here. It is not known

whether any one else will be assigned

for the trip.”

I wonder whats up now?

-17-

Delivered short oration in

Seward today at the Methodist Church

upon request of Juneau Seward Club,

- a high school club. Also decided

case of Leon v Alask Treadwell Gold

Min. Co. – jury case – but I instructed

a verdict for the defendant –

see opinion. Letter from Debbie –

she and Darrell are having their visit

together at Bremerton – I hope it

may not be their last one.

Argument in the Perseverance Water

Case, ended last night – after

having been up in earnest fight

each day for 10 days! Will prepare

my opinion & decide it as soon

as possible – for it is an important

case. Received telegram from

Judge Gunnison today to remove

Snyder as Comr. at Wrangell

for traitorous attack on Gov. Hoggatt.

-18-

Made order today for Judge

Gunnison removing A. V. R.

Snyder as Comr. &c. Wrangell –

Heard motion to strike parts

of complaint in Pearce v Alaska

- Perseverance Min. Co. – granted

the motion and simplified the

issues very much – I hope.

-19-

Capt. Hugh Murray invited several

to go on his newly rebuilt boat

“Elsie” – to Takon bay & glacier today

- Gov. Hoggatt, Genl Distin, Geo.

Irving, Geo. Jeffrey – Geo Simpson

Miss Chapin, Mrs. Ramsey – sister

& Mrs. Kennedy & the reporter for the

Record-Miner & his wife - & three

or four more – It was a beautiful

sunny day – Takon inlet was

clear calm & unruffled – it

was warm bright and a happy

trip. Dinner with Gov. Hoggatt tonight

-20-

Grand Jury empanelled &

instructed: B. M. Behrends, foreman.

Jury trial Alaska Mildred Min. Co.

v Ebner begun. Indictment

against crazy murderer – & he was

ordered sent to Insane Asylum – Marshal

Shoup went out with him.

-21-

Trial Alaska Mildred Min. Co vs.

Ebner – verdict instructed for the plft.

for $10,299.00 At work on my

opinion in Perseverance Mining

Case {-22-} Newspaper dispatches

today say the President will not

have any further investigation made

against me – that he intends to stand

by Judge Day’s reports as follows:

- on next page. Had confidential

talk with Gov. Hoggatt about it

& he assured me that he intended

to go back to Washington this

winter & make a fight in my & as

he puts it – in behalf of territories interest

Substance of todays dispatch

is as follows:

[newspaper clipping:]

“Washington, D. C., May 22. – The

department of justice today announced

that further investigation of the

charges against Alaskan Federal Judge

James Wickersham is to be stopped by

order of President Roosevelt. The

president has notified the department

that he will stand by the judge on his

record up to date, including as it

does, the former strong report in his

favor filed by examiner Day.”

-23^rd-

Finished case of Young v Ebner

yesterday – granted a non-suit

Grand Jury is actively at work

& will probably end its labors this

week. Beautiful weather.

Dinner with Mr & Mrs Page, clerk

of court, yesterday evening & met

Mr. & Mrs. Summers.

-24-

Louis Lane, my Nome companion to

Cape Prince of Wales in 1902 – Jany.

came in on the “Jefferson” this morning

on his way to Chichagoff island.

Jury trial today verdict for plft.

We are getting along fine with the

work of court – Grand jury returned

half a dozen indictments – nothing of

importance & I can probably

close up all jury work in two

weeks more – without they get more

work ready than is now at issue.

Dinner with Mr & Mrs Dautrick last

evening. Miss Yule, principal of

the Juneau schools, Gov. Hoggatt &

I constituted the visitors. Am at

work every spare moment on my

opinion in the Perseverance Water Case.

25-

Beautiful spring day – warm &

once in a while a sprinkle of rain.

Finished all jury cases & let the

jury go till Monday when I begin trial

of criminal cases just indicted-

Grand jury is done – but stands over

till Monday to make reports & finish

up a belated matter- There is about

a weeks work in criminal matters &

then I’ll take up civil jury business

that is new & finish it – then discharge

the jury & go to equity work –

Gov. Hoggatt went down to Seattle this

afternoon on “Jefferson” to attend formalities

of breaking ground for the Seattle-Alaska

-Yukon Fair. Am at work on my opinion

in the water case McFarland v Perseverance

Min. Co – a very interesting case.

-26-

[newspaper clipping:]

“THE DAILY RECORD-MINER

SUNDAY, Mary 26, 1907

MAKING A RECORD

James Wickersham has been

doing a great work since the

first day he opened court in Ju-

neau. The cases on the docket

have been taken up and tried

without delay and disposed of

promptly. The work that the

Judge has done at this term has

been of great benefit to the dis-

trict. Before he came litigants

in this division suffered by the

law’s delay. Mindful of this the

Judge undertook to administer

[newspaper clipping continued:]

justice promptly. In cases left

to the judgment of the court the

decisions was prompt and the ag-

grieved litigant had the opportun-

ity of taking his case to the up-

per court and in this way even

the man who lost was nearer

the end he sought.

Judge Wickersham is a man

of ability, learned in the law and

as a judge he has proven himself

worthy of the confidence of the

people. This mining district

will take on prosperity after the

docket is cleared up.

All honor to Judge Wicker-

sham!”

-27-

Trial U.S. v Dankovich, for

shooting Jap. at Treadwell -
Rainy & warm – The Grand

Jury reported & was discharged

this afternoon – the criticised

Genl. Greeley severely for his

attack upon the Alaskan courts

& called upon the Department

for an investigation & Greely

for an apology

-28-

Trial Dankovich still on.

Circuit Court of Appeals has

affirmed my opinion in

Marks v Gates 2^nd Alaska 519.

-29-

Dankovich verdict ‘ “Not guilty”.

[newspaper clipping:]

“PRESIDENT DECIDES

TO STAND FIRMLY

BY JUDGE WICKERSHAM

Post-Intelligencer News Bureau.

WASHINGTON, May 21, - The presi-

dent has stopped the investigation be-

gun in the Judge Wickersham case in

Alaska when it was made known in

February last that because of the com-

plications introduced by the Hoyt re-

port the nomination of Judge Wicker-

sham would not be sent to the senate

during the session.

The president said that he should

give the judge another recess appoint-

ment and then order a third investi-

gation during the coming summer.

The report on last summer’s investi-

gation by District Attorney Hoyt made

it impossible to secure confirmation of

Judge Wickersham by the senate, for

while Hoyt found nothing against the

judge’s honor or integrity, he reached

the somewhat surprising conclusion

that he should be superceded in office

because the community was divided on

the subject of his fitness. Even this

kind of a report strengthened Judge

Wickersham’s enemies in the senate,

and the president concluded to have

another investigation.

Alfred W. Cooley, an assistant at-

torney general, was chosen to make it.

After further thought on the matter,

however, the president made up his

mind to stand by Judge Wickersham

on the record to date, including as it

does the former strong report in favor

of the judge made by W. A. Day.

WALTER E. CLARK”

-30-

Decoration Day-

No jury – but I am preparing

opinion in the Perseverance Water Case.

Got a letter from Debbie this morning

on the “Dolphin”.

-31-

Trial U.S. v Mila – a police

court case.

-June 1^st-

Bishop Rowe at hotel –

Hung jury in Mila case. Telegram

from Judge Gunnison saying

that he is trying the Dome Creek

cases & will not finish before

August!

- June 2^nd

Dinner this evening with Genl.

Distin & Bishop Rowe. Am

finishing up my opinion in the

water case – Perseverance –

& will deliver it tomorrow.

Shoup is back home.

-June 3-

Delivered opinion in the case

of McFarland v Perseverance Co.

-4-

Trial U.S. v Burke, verdict of

guilty of Larceny from Dwelling

The jury cases for this term are

ended and jury discharged – kept

one juror as there are one or two

jury cases that may be ready for

trial in a few days –

Argument on motion to strike

in Pearce v Sutherland – the same

real parties as in the Water Case –

& plaintiffs move to dismiss their

case without prejudice to new suit.

If this granted it will greatly less

=en the business of the term. They

evidently concluded from my opinion

in the Water Case that I would be

against them on the other case.

There seems to be general satisfac

=tion in the camp with my opinion

in the water case, as it settles the rights

of miners, fisheries & manufacturers

to the use of water from public streams

& protects them from riparian rights

-5-

Little to do in court today. Sentenced

Burke to penitentiary for 18 months.

I had some doubt in his case & gave

him a short sentence for that reason –

but he is a bad man & to get him out

of the Territory I sent him to McNeils

Island, Wash. penitentiary.

Have begun an opinion in the

matter of the Disbarment of Cobb.

-6^th-

Engaged in long winded argument

in case of Int. Trust Co. v Griffin,

one of the interminable Nowell Gold

Min. Cases – which when concluded

wont decide anything – intend to

refuse to decide question – temporary

injunction, & set case for trial

on the merits & then decide it finally.

-7-

The “Record-Miner” this morning says

editorially:

[newspaper clipping:]

“ The court now in session will

go down in history as the turn-

ing point between dull times and

prosperity. It is now clearly

seen that it is important to have

a real live court if you want good

times. Long live Judge Wick-

ersham.”

The passenger list of the Dolphin –

telegraphed from Ketchikan – shows

Mrs. Wickersham on board. I

wonder why she did not telegraph

or write me that she was coming!

Received telegram this eve

=ning from John L. McGinn

Fairbanks, saying that the

case of Nelson & Hensley vs -

Meehan & Larson, had been

affirmed in the Circuit Court

of Appeals. San Francisco

Good!!

-8-

Debbie came this morning on

the “Dolphin” – I am glad to have

her with me. Darrell will be in Brem

=erton for months yet, & she will stay

with me awhile and then go back

and stay with him till time to go

into Fairbanks. She is having a

pleasant time there – everybody

for Alaska has been through Seattle

& she has met most of them & seems

to have greatly enjoyed the meeting.

Many of them met Darrell also.

Spent all day hearing the appli

=cation of the Alaska Pacific Ry. Co.

for injunction to prevent the Copper

Riv. Ry Co. from crossing their terminal

grounds at Katalla. Shackleford

& Lyons represent plaintiff & Bogle[?]

from Seattle & Winn of Juneau

represent the Copper Riv Co.

-9-

Sunday – rainy – nothing much

Worked on Cobb disbarment case.

I am greatly pleased that the case

of Nelson & Hensley v Meehan & Larson

was affirmed. It is the case that

Senator Nelson fought me so vic

=iously about in the Senate – His

10 page brief on the law now goes

to the waste paper basket - & I

stand affirmed by the Circuit Ct. of

Appeals. Every case they have

fought me on - the Copper Case from

Valdez & this case especially – also

the Wild Goose case from Nome, has

been affirmed on appeal!!

[written over diagonally:]

It was really reversed and

I am now – not pleased

-10-

Heard arguments all day in the

Katalla Railroad Cases – a mean

close case – Beautiful weather.

Debbie thinks she has a mission

to keep me from working – but it

only adds a little more work to

what I do -

-11-

Decided the Railroad Case from

Katalla today – Refused to issue

Injunction – which was the only

question involved in the hearing.

Reception at Shoups today

in honor of Mrs C. S. Johnson – the

wife of Judge Johnson died –

Mrs. W assisted & is consequently

worn out & in bed –

-12-

Heard demurrer & motion in Pearce

v Sutherland & Perseverance C. Case

Hearing will go on tomorrow.

-13-

Sustained Demurrer to Complaint

in Pearce v Sutherland & Perseverance Co.

Heard rumor that Nelson v Meehan

had been reversed instead of affirmed –

- telegraphed for information & Monckton

Clerk. Ct. App. answered.

“Appeal Nelson v Meehan dismissed.”

That really leaves a doubt.

-14-

“Jefferson” came in during the night

Mr. & Mrs. Harlan on board en route

to Fairbanks. Telegraphed Monckton

Clk. Ct. Ct. App. for copy opinion in

Nelson v. Meehan. Trying the case

U.S. v Anderson, ejectment from Blk

32, Juneau, U.S. reservation for schools.

Dautricks gave a card party

for Mrs. W tonight – very pleasant.

-15-

Am preparing opinion in Elliott

vs Elliott – Hubbard Copper Case.

Mail brings me some Fairbanks

papers – they disclose that Dodge &

Marquam, who now seems to be acting

as associate editor of the Times, are

none too friendly to Gunnison, but dare

not quite break over on account of the

precarious conditions in which the

arrest of Anderson & Condon for

forgery has left them - but they will

be abusing him later. Their attacks

on me are intermittent but virulent.

The Dome Creek cases are dragging

along - & it is my judgment

-16-

The “Humboldt” came in today. Gov.

Swineford & Gov. Brady, on board. Also

Zip, the N.C. agent at St Micheals & Mrs.

E. T. Barnette & her beautiful little

daughter Virginia. Mrs. W & I went

down & called on Mrs B & she came

up to lunch with us. She is very bitter

against those who are fighting her husband

- but I warned her against the cancer

of hatred & revenge, - that it did those

more harm who harbor it than those

against whom it is directed. Still

advice is cheap & cannot change

human nature. Mrs B. looks well

though she has been sick & is greatly

humiliated & worried over his troubles.

Beautiful day – working on my opinion

in Hubbard-Elliott mining case &

watching a flock of eagles out of the

courthouse window as they fish

at the mouth of Gold Creek.

-17-

Dismissed Cobb v Otterson on

motion of Cobb – he was’nt ready –

Trial of Thorndike v Perseverance

Co. over tells to the Martin Lode Claim

begun. Working nights & odd mom

=ents on opinions in Hubbard Elliott

case.

-18-

Thorndike v Perseverance Co. continued

The excursion steamer “Spokane”

came in today with a large party of

tourists on board, - among them Prof.

George Davidson, long in the U.S. Coast

& Geodetic Survey – I called on him.

He told me that it was 57 years ago

today that he came into San Francisco.

- he was then 25 years old. He has had

more to do with coast surveys than

any other man on the Pacific coast

& is the recognized & accepted authority

in all such matters. He told me

that he had been engaged in the careful

noting of Japanese wrecks for many

years – that he has recorded 75

authentic cases – that he has a mass

of manuscript on that subject now

ready to work into shape & upon

my urging that he & he along could

do it satisfactorily he agreed to go to

work on it at once. He has now

retired from active work but is nearly

blind.

-19-

Trial Thorndike v Perseverance Co.

Working hard on Hubbard – Elliott opinion.

Mrs. W will go home on next Monday

& I will follow as soon thereafter as possible

Skagway term will be abandoned & I will

go to the westward – Valdez & Seward –

& hold a term to finish up business there

so that I wont have to come out in

midwinter.

-20-

Thorndyke v Perseverance Case still

on trial. News from Darrell that

his orders have come assigning him

to “Nebraska” – battleship.

-21^st-

Decided Thorndyke v Perseverance

Case in favor of defendant. It is

a technical case – not important

except that it is a close question

of law on the question of the

sufficiency of a notice of mining location

We are to take dinner – formally –

with Gov. Hoggatt tonight. The Shoups

Mr & Mrs Kinzie, &c are to be there.

Dinner: Gov. Hoggatt – Mr & Mrs. Kinzie

Mr & Mrs Shoup & Mrs W & I – fine –

-22-

Tried jury case today. Called term

of court at Valdez for July 29^th

Rainy.

-23-

Gov. Hoggatt invited Mrs. W - &

me to go to Silver Bow Basin to

see the mines & we went. Had a

fine day – a pleasant trip – a good

lunch with Mitchell, Supt. Persever

ance Mine, a pleasant visit with

Otterson & wife & greatly enjoyed the

grand scenery of the basin.

Dinner this evening with the

Shoups. Debbie intended to go

home this evening on Jefferson

but she is reported now to sail

on Tuesday morning.

-24.-

Trying a log case – am about

through with trials. Will leave

here about July 4^th & come back

about Aug. 20, to settle matters

of appeals &c. Papers today from

Fairbanks – but nothing new.

-25-

Debbie went home this morning

on the Jefferson. Finished trial

of Rapp v Jorgenson today.

Dinner with Gov. Hoggatt tonight.

-26-

Motion Calendar – began trial

of Walker v Shackleford –

Finished opinion in Elliott

v Hubbard – Elliott Copper Case.

-27-

Finished case of Walker v Shackle

=ford today, - instructed jury to sign

verdict for defendant. It is a

“spite” case brought by Cobb against

Shackleford on the barest and

most unfair technicality & grows

out of their bitter personal war

=fare which I hope to mollify

in this case and in the disbarment

proceeding against Cobb, brought

by Shackleford. Dinner tonight

at Treadwell with Kinzie’s – Gov. Hoggatt

Shoups Stoess[?], & I were present.

-June 28-

Finished up the last case

on the trial docket today &

called for others but no more

responded – Dismissed the

jury.

Received in the mail today the

opinion in Nelson v Hensley v

Meehan & Larson – instead of

being affirmed the case was

reversed, much to my regret.

That is the case that Senator Nelson

fought me on, - and while ordin

arily I care only to be right in

such matters, in this I cared to

be affirmed – but was’nt.

Well its forgotten, by me.

Busy finishing up my correspondence

& signing licenses. Will go on the

morning of the 3^rd & take record

in the Elliott case & finish that

up – make up the completed record

on appeal &c. in Seattle.

-29-

The very unpleasant duty of dec

=iding the disbarment proceedings

against Cobb, lawyer, performed.

The Marshal informs me that the

Governor is greatly disappointed

because I did not disbar Cobb

- & expresses his diappointment

- that he has said that he now wont

go down to Seattle with me, &c.

Well, I am sorry that he feels

that way, but I have the strongest

sense of having done right & will

stand the consequences. The

Marshal says that I did right in

his judgment – that he would

have done just that & nothing else.

I did not disbar Cobb,but

did criticise his actions and

lectured both he and his senior part

=ner, Maloney, unmercifully –

I also criticised Shackleford,

for bringing the disbarment proceeding.

-30-

My action yesterday in refusing

to disbar Cobb seems to have been

a great disappointment to the Governor

& other enemies of Cobbs, and they

have been denouncing me severely.

It seems that last fall when Shackleford

was preparing these charges he grew afraid

of Gunnison & filed charges & statements

showing the facts against Cobb in the Dept.

of Justice, and made special application

that I come here – or be sent here – to try the

charges on account of Judge Gunnisons

prejudices in Cobbs favor. Now that I have

decided against disbarment they are ugly –

- well they can go to hell – I did right & that

ends it.

Major Richardson came in on the “Port-

=land,” last night from Valdez. He tells

me that the RR situation there is bad –

that no real railroad building is yet

under way, & that it looks more as

if the Copper Riv. Co was trying to drive

the Bremer road {out} of the field than to build

a railroad itself. Richardson

thinks Katalla a bad port & terminus

for the road

-July 1^st-

Well, Gov. Hoggatt, Shackleford

& others of their – and my – friends

are tearing their hair & rending

their garments because I did

not disbar Cobb – They have

involved Marshal Shoup in

the matter and have distressed

him greatly with their mutterings.

I am as greatly disappointed

as they are, for I expected decent

treatment from them & did not

get it. Well, they can go to the

devil – I never have tempered

my legal duties to send either

friends or enemies &

dont intend to do so.

Finis, Governor!

-2^nd-

Finished up the business of the term

- signed orders, &c. and all liquor

licenses that were not opposed.

Continued hearings of those in Juneau

& one in Douglas and one in Skagway

till Judge Gunnison returns.

George Jeffry will remain

here to get out transcripts, &c.

I have just bought some interesting

Chilkat Indian curios from Jim

Williams, newphew of the Chilkat

chief “Hlat –redge” – the chief

is in the last stages of disease, the

tribe has either died off – joined

the whitemans ways and habits &c.

& the old chief finds Indian ways

& customs deseated & is selling

out the rich & rare objects of value

which slavery, the customs service

of Chilkat over the trade from

the interior to the coast, &c. gave to

his ancestors, & I am getting some

of them. I bought two copper

masks – 2 Chilkat blankets – a finely

carved ceremonial spoon & two

rare copper knives with carved

handle ends. It is the finest

Indian work I ever saw.

Gov. Hoggatt & Shackleford

still off the reservation & hostile.

I am now also, and it’s a feud!!

-3^rd-

Left Juneau this morning at

10 oclock on City of Seattle.

Marshal Shoup came down

to see me off – I judge from what

he says that he intends to resign

soon. Lawlor, the Gov. private

secretary came to bid me goodby

- I could not learn whether it was

a formal and official courtesy

from the Governor, or just Lawlors

private act.

-July 4^th-

Ketchikan – Dixons Entrance.

Seven years ago I was on the

City of Seattle, in this identical

neighborhood on my way into the

Interior of Alaska the first time.

How different things are today

with me & my family Howard

then sat on my lap as we crossed

the swells – seasick but clinging

to me trying to ward it off – bless

his frail but courageous body –

his death left me an old man with

no child to remain with & support

me. Darrell will always be in

the navy – What a mistake it

is not to have a family of children

A dark & cloudy forenoon

raining & a blue fourth!

Music and dancing this

evening – the boat has two lady

musicians – a violinist & pianist.

Those who danced had a pleasant

evening.

-5-

Beautiful day – we seem to be

getting into another world – out

of Alaska into sunshine –

crossed Queen Charlottes Sound

at noon.

-6-

Beautiful morning – a

cloudless sky - & warm.

San Juan Is – Mt Baker & the

Olympics, De Fuca Straits.

Abe Stein, & Mrs. Jaffe,

& 2 or 3 others from Fairbanks

on board – also Jack Dolson

& wife & “Bob” & Mrs Jewett

from Circle City, Seattle 3 p.m-

Reached Seattle at 7:30

& went to the Ranier-Grand

Hotel – Debbie met me &

we went over to Bremerton

Navy Yard to see Darrell.

-7-

Remained at Bremerton last

night & had an hours visit

with Darrell. Debbie has

good rooms at the “Roosevelt”

rooming house. We came

back to Seattle at noon –

Mr & Mrs Perry –(U.S. Marshal)

came in & spent the evening.

Warm & bright Sunday.

-8-

Recd. letter from E. C. Hughes, Pres.

State Bar Assoc. inviting me to

participate in the proceedings of that

body & on Saturday night at the

banquet to make a 5 min. talk.

“Jerry” Cousby, lawyer from

Fairbanks got into town today –

he tells me that Judge Gunnison

granted a non-suit against the

defendants – thus giving Barnette

a practical victory, and thus

leaving the case just where it

started – Aside from this nothing

is done & Jerry says that a whole

years accumulation awaits

my return. He says that Anderson

& Condon want me to try their case!

The old reprobate was willing to

fight me until he gets caught

& then he wants me to try his

case & help him out. I shall

greatly regret it if I am forced

to try him. Called on Senator

Piles today – also E. C. Hughes,

John P. Hartman, John L. Wilson

Chilberg, Pres. Yukon-Alaska Fair,

& others. We are at Rainier-Grand

& will stay here till we {I} go north –

Perrys are at the Butler.

-9-

Went over to Tacoma – paid

my life Ins. &c. back in the

evening. Attended reception

at Rainier Club, to Garfield

Sec. of Int. & Judge Ballinger

Coml Genl. Land Office.

-10-

Getting my teeth dentistried!

Dinner today with Dave King,

who is preparing a “chaser”

to “The Looting of Alaska,”

for Appletons Magazine & who

intends to use the fight against

me as the “chaser”. Darrell

intended to come over & go to the

theater with us tonight – but

telephoned at last moment

that he could not come.

-11^th-

Dentistry. Debbie went to Bremerton

to see about Darrell & I went to Tacoma.

-12-

Returned from Tacoma this morning

Made arrangements with Gilstrap to

put my copper masks & Chilkat

blankets in cases. Debbie got

back from Bremerton last night

She says Gov. Hoggatt was looking

for me – he afterwards told me that

Secretary Garfield wished to see me

& that he tried to find me. The Secretary

is gone to Portland this morning but

I am not sorry about it. Hughes

Pres. of the Bar Assoc. talked with

him about me, & that probably started

his inquiry. My meeting the other

night at the Rainier Club was

a pleasant one & probably it

was just as well not to talk

more.

Attended State Bar Association

today. We called in a body on

Vice President Fairbanks – who

was very pleasant to me.

Hoggatt goes back to Alaska

on tonights boat. Our relations

are strained & never will be as

pleasant again. Shackleford

is here arranging the record in

the Katalla Railway Case on appeal

-13^th-

Attended State Bar Assoc. today.

The Banquet tonight was a bril

=liant affair – and my part in it

was spectacular. E. C. Hughes

Pres. made a speech of welcome &

Judge Burke was toastmaster.

Upon a raised floor three small

tables were occupied – the smallest

by the Vice President C. W. Fairbanks.

Hughes & Judge Burke, another

with Senator Piles at the head ~~was~~ {by}

Gov. Mead, U.S. Dist. Judge Whitson

Chief Justice Hadley of Wash. Judges

Root and Crow, Wash. Chief Justice

Aleshine, of Idaho & ~~myself~~ me.

The great body of the lawyers – 200

and more, occupied the great dining

room – Banquet at the Stander

Hotel. The Com. of the Genl. Land

Office, Judge Ballinger, was on

the list as the first speaker but

was out of the city & I was asked

to take his place & did so, but with

the privilege of talking on Alaska.

The audience had had a good dinner

& plenty of champagne – and other

strong drinks & were in a happy

& hilarious condition. They sung

Huges down when he introduced

the toastmaster & cut the latters

talk very short with singing

“He’s a jolly good fellow” – and

I opened on house that wanted

to sing and be joyful – but not

to listen to talk – My “Irish” was

roused & before I got through I had

them fully under control – though

it required both courage & strength.

The Governor – Mead – followed

& then the Vice President – after

wards Congressman Humphrey

& Senator Piles. The following

is a portion of the “Times” account

of the speech making -

[newspaper clipping:]

“WICKERSHAM ASKS

AID FOR THE

NORTH

Federal Judge in Alaska De-

clares He is Weary of Acting

as Governor and Wants Con-

gress to Give People Power.

DUTY IS OWED BY

CITY OF SEATTLE

Impassioned Appeal of Jurist

Overshadows the Vice-Presi-

dent’s Speech in Importance

at Bar Association Banquet.

[newspaper clipping continued:]

Tired, disgusted and disheartened

in an effort to bring organization

to Alaska, to separate the ju-

diciary from the executive department

and to grant to Alaskans a modicum

of self-government, Federal Judge James

Wickersham last night appealed to the

bar of the State of Washington for as-

sistance. Set down on the program to

succeed Judge R. A. Ballinger in re-

sponse to the toast, “The Law, the Land

and the Home,” Judge Wickersham

plunged boldly into a recital of Alaskan

wrongs, and for the first time since he

has been on the bench in Alaska struck

back at the Congress which has ignored

his reappointment and demanded that

Alaska be considered.

Judge Wickersham is a picturesque

figure of Pacific Coast legal evolution.

A pioneer lawyer, territorial judge, re-

form municipal official, legislator and

Alaskan pathfinder he talked to the State

Bar Association without embellishment

and without equivocation. For three or

four years he has been fighting from

session to session of Congress for a

confirmation of his reappointment and

he is now preparing to go into the in-

terior of Alaska to remain there during

the winter. What Congress does or does

not do will not affect him and the speech

he delivered last night was a defiant

challenge to politicians. It was distinct-

ly the sensation of another wise prosaic

banquet, relieved only by the enthusiasm

with which favored speakers were re-

ceived. In comparison with the sledge

hammer ultimatum of Judge Wicker-

sham, the speech of Vice-President Fair-

banks partook of secondary importance.

[newspaper clipping continued:]

“If my career at the bar were to end

with the achievements and results of

this week’s work,” said retiring Presi-

dent E. C. Hughes, of the State Bar

Association, “I would be quite content.”

Then in turn he lauded Judge Wicker-

sham. Chief Justices James F. Ailshie

of Idaho and Hiram E. Hadley of

Washington, Justices Root and Crow

of the state supreme bench, who at-

tended the association’s meeting; Fed-

eral Judge Edward Whitson, Secretary

James R. Garfield of the interior de-

partment and Vice-President C. W.

Fairbanks. He introduced Judge

Thomas Burke, who acted as toastmast-

er and who was received by the State

Bar with every mark of enthusiasm.

Judge Wickersham was the first

speaker before the banqueters. “I

want to request the assistance of the

lawyers of the State of Washington to

remedy a system of government insuf-

fient and unsatisfactory to the people

of Alaska,” boldly asked Judge Wicker-

sham. “I know that it is a bad govern-

ment and that it is resented by Amer-

ican citizens. What we want to do is

to reach the senators and the represen-

tatives of the State of Washington.

Will you help us? Will you help us

get a government for, by and of the

people of Alaska.

“When I went to the North there was

no court house; there were no records,

no jails, nothing. There was merely a

broad expanse of territory and the only

thing between Alaska and Siberia that

looked like a semblance of government

was the commission I bore signed by

President McKinley. I began up there

with only the assurance of the govern-

ment at Washington that they would

support every good thing I did.”

Judge Wickersham recounted the dif-

ficulty of locating centers of popula-

tion to appoint commissioners of the

court. Incidentally, he spoke of Fair-

banks and a voice suggested the Vice-

President. “Fairbanks, Alaska, like

Fairbanks of Indiana, is pure gold,” re-

torted Judge Wickersham. Then he re-

verted to Alaska affairs:

“The governor of Alaska has no pow-

er. He is a mere figurehead. He has

authority to appoint his own secretary,

to name notaries public and to make

reports to the President and there his

authority ends. He is sworn to see that

the laws are enforced, but if they are

not he has no authority to enforce them.

All he can do is to report to Washing-

Ton.

[newspaper clipping continued:]

AID FOR THE

NORTH

Judges Have All Power

“The judges in Alaska have all the

power. They grant liquor licenses and

inquire into the character of the men

who receive them. They lay out all

commissioner districts, appoint all

justices of the peace and other of-

ficers in that country. It is a wrong

system and never should have been al-

lowed.”

“Tell Roosevelt about it,” cried a

voice from the audience.

“Roosevelt knows all about it and

what I want is to inform the representa-

tives of this state about it. The people

of Washington and especially the people

of Seattle do not realize conditions in

Alaska. You talk about your trade

with the Orient when there is, compara-

tively, not a dollar’s worth of original

trade from Seattle to the Orient. With

us you have a trade amounting to

$20,000,000 a year. We have more coal

than Pennsylvania; more gold than Cali-

fornia, more tin than Wales, more fish

than all the rest of the world combined.

All this trade is tributary to the city

of Seattle and I want to say to the

people of Eastern Washington that we

are buying you wheat and eating you

flour, too. Won’t you help us? As a

judge in that country I want to be rid

of the duties of governor. I want to

be free from politics.”

A moment later Governor Mead re-

marked in response to his toast that the

woes of Judge Wickersham differed from

his own. Unlike Judge Wickersham,

he said he like the work of governor

and in fact was delighted with it. He

lauded President Hughes of the bar as-

asociation and the fraternity in general.

Vice-President Fairbanks, introduced

by Toastmaster Burke as a man “whose

career bids fair to be crowned by the

very highest office in the land,” paid

[newspaper clipping continued:]

an eloquent tribute to the American

government and the American bar. A

felicitious remark from the banquet ta-

bles on the Christian Endeavor Conven-

tion gave the Vice-President opportun-

ity for retort that in the simultaneous

meeting of the national convention of

Christian Endeavorers and the State

Bar Association he saw a special pro-

vidence and expressed the hope that the

Endeavorers who had conquered in for-

eign lands might be able to exert an

influence upon the membership of the

State Bar Association.

Vice-President Speaks.

“Our Country and Its Lawmakers”

was the toast assigned to the Vice-

President and he took a leaf from his

own experience to discuss the tribula-

tions of the lawmakers. He declared

the lawmakers were unable to satisfy

their constituents no matter what they

did and added “even the supervising

architect of the universe cannot satisfy

all.” Then of the lawmakers he added:

“He must satisfy one man out of the

85,000,000 in this country. If he will

follow the dictates of an upright pur-

pose and the righteousness of his own

conscience he will satisfy himself. I

have found in my own experience that

if he does satisfy himself he will ulti-

mately satisfy everybody.”

The Vice-President paid a glowing

tribute to the legal profession, holding

that tributes paid to the American con-

stitution and form of government were

in effect tributes to the legal profes-

sion. He congratulated this state upon

the selection of its congressional dele-

gation.

United States Senator S. H. Piles

was a late speaker at the banquet, in-

formally discussing the work of the

delegation and congratulating the bar

upon its success.

Judge Burke then introduced James F.

Ailshie, chief justice of the supreme

court of Idaho. In his introductory re-

marks Judge Burke praised in the high-

est terms the people and the bench of

Boise, Idaho, for their actions in the

famous case of the State against Hay-

wood, charged with the murder of Gov.

Steunenberg. He dwelt on the trial to

considerable extent and eulogized Judge

E. C. Wood, who is trying the case.”

-14 -

We - Debbie & I – went to Buckley

on the early morning train to see

Mother – She is well – strong & just

as healthy as I ever saw her. The

home place looks fine – Harry is

well as ever, and everything is good.

Aunt Hixey died July 1, and Uncle

Jimmy is grieving – he seems lost

& wants to leave Buckley though

he has a good home & friends here.

-15-

The large Queen Anne cherry tree

is loaded with fine fruit – the

strawberries are not all gone &

chicken – fried chicken is ripe!

Charlie Hanson & Jen. came

down & we went up to visit them.

-16^th-

Went from Buckley on the early

morning train to Seattle & took my

Indian curios to Tacoma – to the

Ferry Museum – also took my

years accumulation of rare books

from Reids office to the home library

The Davis are keeping the place

in good condition, but it makes

me unhappy to go into my library

& see the book cases filled to burst

=ing with my treasures & locked

& bolted! We go over to Bremerton

tomorrow – Dinner with Uncle

Tom & Aunt Kate. Staid at

Donnelly Hotel –

-17-

Bremerton to see Darrell

He is on “Nebraska” – first class

battle ship, & is in bed with the

result of youthful indiscretion!

Too much of a good time!

-18-

Seattle – ready to go to Alaska.

Closing up Katalla Ry case,

with attorneys &c. Left for

Valdez at 9:30

-18^th-

At sea sea sick

damn the sea!

sea sick Oh Lord –

Dying Dead

Damn it Foggy

Kayak Is. Can sit up!

& eat. Think I may live.

-24^th-

We reached Katalla harbor on

yesterday morning – but the

storm & rain kept the barges

away & we did not get ashore

until this forenoon. Several

of us – Capt. Schage – with us

went on shore – about a mile

of Copper Riv. Road built &

breakwater begun. Katalla

is just emerging from the woods

& mud. Bad harbor – but.?

Fine day & got away toward

Valdes in late afternoon -

-25-

Reached Valdes this morning.

Everything here is quiet & orderly

- nothing new around courthouse.

Not much business in sight – but may be

enough. Appointed ~~J. L. Gavigan~~

{Robert Ferguson} jury

commissioner & ordered trial jury for

July 31, & grand jury for August. 5.

-26-

Answering correspondence –

Miss Josephine Derringer is

doing work for me in absence of

George. Was invited to dance at the

McKinley Hall last night – attended

for a short time & renewed my social

acquaintance with a lot of people.

Tonight had invitation to party at

Mrs. Shouses – Crandalls, Cantwells

Scotts, &c present.

-27-

Letter to Debbie – “Portland” due

Andrew Holman just showed me telegram

saying that the first steamer on the Copper river

had just arrived at Copper Center. Name

of Steamer

-28^th-

Sunday – rainy – hazy – quiet.

-29-

Court met in Special Session

Nothing much to do before Wednesday

when the jury will report. “Saratoga”

came in on return trip to Seattle.

-30-

The lady reporter whom I now have

employed for this short term is stout –

plump, 25 – fine looking, & affectionate.

I removed her desk & typewriter down

to the second room of the Dist. Atty. office

today, since I am greatly irritated by a

complaisance which I am too damn badly

scared to return. One’s hair & other things

cant both stand at the same moment

with any satisfaction: I never

have had a woman around before & I

never will gain. Mrs. President Mad

=ison once asked an Indian chief what he

wanted with 3 wives – his reply cant

be improved upon – but the judges

rooms are not for that sort of amusement.

Cap. Anderson acquitted by the jury

at Fairbanks yesterday. I hope

he will now understand that false

charges, even, are uncomfortable &

damaging – but he wont – he has

no sense or judgment.

-31-

Raining – raining – the sun has

not appeared since I’ve been in

Valdes – nothing but rain. The

trial jury called this morning and

“Yucatan” came in : Mr. Perry on

board – letter from Debbie who seems

to be well & happy – newspapers, &c.

August 1^st

Beautiful sunny day, first since

I came to Valdes. Harry Elliott,

& party came on Yucatan to visit the

Hubbard-Elliott mines. E. C. Hughes

lawyer from Seattle & others. Signed

findings & decree in Hubbard Elliott case.

Embezzlement case against Graff

tried today - Verdict – not guilty.

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