Alaska State Library - Historical Collections, PO Box 110571, Juneau AK 99811-0571
ASL-MS0107-Diary08-1904-1905
James A. Wickersham diary, July 31, 1904 to Feb. 20, 1905.
[front cover]
Diary
July 31, 1904 to Feb 20 1905
<page break>
[july 1904]
July 31st 1904.
Judge Wm A. Day, 1st Asst. Atty. Genl.
arrived here in Fairbanks on the Koyukuk
at noon on Friday, - 29th On yesterday
he caused an announcement to be made in the
Fairbanks News:
He opened court
in the Town Hall
on 3rd St. and
began to take testi
=mony. No notice
was given to me to
appear no infor
=mation vouchsafed
as to charges. I
called on him
[newspaper clipping:]
JUDGE DAY
IN FAIRBANKS
Has Opened Inquiry
At the City Hall
Judge W. A. Day, first assistant attor-
ney general of the United States arrived
on the Koyukuk this forenoon. Judge
Day was appointed by President Roose-
velt to investigate charges which had
been laid at Washington against the ad-
ministration of Federal affairs in Alaska,
and is here on that mission. When seen
by a News representative, Judge Day
stated that he would be here a few days
and would open an office where he would
meet anyone who had information to im-
part bearing on the matters under investi-
gation.
Messrs. H. B. McDonald and G. C. Todd
are with Judge Day and will assist in the
investigation. The City Hall has been
placed at Judge Days disposal and he
has opened the inquiry this afternoon,
and will sit evenings as well as day, in-
cluding Sunday, until the work of investi-
gation is completed.
<page break>
there on yesterday Saturday and offered
any aid or assistance in my power but
he asked for nothing. I learn that he has
visited South Eastern Alaska Ketchikan
Wrangell, Juneau, Skagaway. He spent
24 hours in Dawson 12 hours in Eagle,
and did not stop either in Rampart
or Circle. I do not know what he intends
to do here except as it appears by his
invitation to the public to come in and
submit their complaints if any- Capt.
Jarvis is with the party he came over
to see me yesterday evening & advised
- as I had already concluded a
dignified silence until about the time
when he is to go away then to request
a statement of the object of his visit.
<page break>
I do not know of any open opposition
to me here but from recent attacks made
by the Chena Herald I am expecting
the people down there to make all they
can out of their opposition town site
fight, and try to place a burden upon
me. Amid my numerous administrative
duties the appointing of commissioners
and the location of their offices gives me
the most trouble, but I shall always
be proud of the fact that I established
& named Fairbanks, Alaska
Jarvis is friendly - & tells Judge Day
that without hesitation he is making
a fair and strong fight for my reappointment
& I will always have to thank him for it.
<page break>
[august 1904]
August 1st 1904.
Judge Day came in to see me this
morning and advises me that there is
no interest here in his mission there
seemed to be no complaint & no interest
He advised me that he intends to go down
to Chena in the morning & remain there
until the Tanana goes tomorrow that
today he will give me notice
of the charges
& complaints against me! after the
people have been heard-
The mountain has labored and its a mouse!
I spent part of the day and all evening
with Judge Day & his assistants and
I hope explained every pitiful charge
to the entire satisfaction of the court.
<page break>
The old scandal of 1887-89 Tacoma
was the principal charge the conviction
of Richards was another and the reinstate
=ment of Kellum as an attorney the employ
=ment of Whittesey &c. a dozen, small &
insignificant matters. But not a
single charge of incompetency dishonesty
or wrongdoing in my office! I am simply
disgusted at the small talk which disap
=pointed litigants and narrow minded enemies
imagine are worthy of consideration by the
Dept. of Justice.
I am satisfied from the very friendly and confidential
manner in which Judge Day acts that he favors
my side of the investigation that his confidence
in my honesty and integrity is not shaken-
<page break>
He told me this afternoon that many of the
miners had been to see him and that several
- many of them had stated to him that they pref
=erred to have their cases tried before me than
before a jury, and he complimented me on
the feeling He was particularly kind in making
the statement. I also gave him for examination
the papers & record in the Removal of S. M. Graff
Comr. at 40 Mile.
-2nd-
Judge Day still holding court my
friends are constantly crowding around
him to demand my return & he came
over tot he office today & told me of many
complimentary things they had to say
Among them = several miners and some
<page break>
who had lost cases this term told him that
they preferred to submit a case to me rather
than to a jury he thought this a high compli
=ment. He is much pleased with his
acquaintance with Abe Spring; who has
been with him constantly. He told me that
Abe had made a strong impression on
him as a broad minded, and able
civic official and good citizen. Abe
struck him, he said, as a rough diamond.
His companion McDonald, is a splendid
fellow and Todd his stenographer a
civic purist of the Boston type who looks
upon the dance hall & other evils with horror.
Abe Spring has the European ideas of
the social evil, gambling &c. and as the
<page break>
town attorney has to a great extent
carried them out by attempting to control
rather than to suppress them. This struck
Judge Day at first as rather startling but
before he left he was converted to the necessity
of doing the work that way, and expressed
himself as satisfied with Springs labors
in that regard. Capt. Jarvis took dinner
with us this evening.
-3rd-
Judge Day and party left on the Jennie
M at noon, and went to Chena, to hear
the knocks made against me there for
locating the court house &c at Fairbanks.
Jarvis remained over & left on the Tanana
at 8. p.m. Day & party will board the
Tanana at Chena. Jarvis came
<page break>
in to see me today thinks Judge Day
is thoroughly satisfied that charges against
me are false and malicious. Jarvis
has not hesitated to stand by me from the
beginning and will do so to the end.
-4th-
Case of McGinley v Herrington
Beautiful weather. Court work drawing
to a close hope to be done Saturday.
-5th-
Case of Barnette v Freeman came on
for trial today for reasons which I deem
absolutely necessary I am determined to
have a jury pass on all questions of fact!
Jury called service of venire by Pat. Whalen
& jurors kept together in his charge.
<page break>
-6th-
Barnette v Freeman on trial all day
and submitted to the jury at 8:30 p.m.
jury returned at verdict at 11:30 p.m.
for the defendants. It was an extrem
ly interesting and close case, and
turned very largely on an alleged mistake
in a notice of location, wherein No 4
was actually mentioned instead of No 1.
-7th-
Spent the day in preparing an
opinion in the case of McGinley
v. Cleary sent to recover property
conveyed in payment of a gambling
debt, by the owner of the saloon and
gambling outfit.
<page break>
-8th-
The Tanana came in yesterday with 30
or so passengers Recd my opinion
in McGinley v Cleary, in which I
roasted both to a finish.
Am now
finished , and will go to the work
of the Court for the term except
some remnants, - signing judgments
and setting appeal matters. Will
start out to the Creeks tomorrow to
inspect my mines, and get my affairs
in shape for the winter.
Recd. yesterday, a letter from T. M. Reed,
J. Com. at Nome, in answer to my letter
asking him to serve copy of my letter to Rustgard
about his charges before Com. on Ter. last
<page break>
March that I had 100s of mining claims &c.
Rustgard flunked completely when Reed
confronted him & declared he meant Judge
Moore - & Reed cussed him. Rustgard
will not answer my letter, but Reeds is
just as good-
-9th-
Remained in town all day to get my title
to Apple Block lot corrected & confirmed by
the N.C. Co. which I succeeded in doing.
Willig is now acting ugly he has spent all
the money which I gave him on loans & now
looks upon me as an enemy!
-10th-
Left Fairbanks at 10 oclock am for the Mines.
Rained last night & is good walking.
<page break>
The new ridge road is a success so
far as a good dry foundation & grades
are concerned A beautiful day miners
going and coming pack trains of mules
loaded with provisions & outfits for the
mines at Cleary Fairbanks & Pedro.
Much talk along the road among the
miners about the new strike over on
the Beaver Creek & many going over to
stake. From the high ridge above
the head of Isabelle Creek one gets a
fine view back over the town of Fairbanks
and out across the valley of the Tanana,
the river winds like silver ribbons through
the evergreen forests far to the south & over
the whole landscape the distant white
<page break>
range with Mt Hayes its principal
sentinel stands guard. I am
greatly surprised at the heavy growth
of red top grass growing on this long
rich ridge there are many men camped
along the road cutting & curing it for winter
- where the fire has cleaned the ground it
is better grass. Ate lunch at the
Ridge Road house 8 mi from town
& left before one oclock on my journey.
Reached Gilmore at 3 oclock-
Anderson & the road builders at
work across mouth of Pedro-
Arrived at Golden & put up
for the night at Jack Ross Hotel
- log 2 story tired & footsore
<page break>
-11th-
I arrived at Golden yesterday evening
at 6, tired & footsore 3 months in the
office has softened my muscles amazingly.
Hendricks, of Chena was there & ate supper
with me we had a long talk & I told
him about my intention of locating a
Com. office at mouth of Delta River
- he said his people had no
interest
in the matter! Came up Twin Creek
& visited No 1. above where Riley is
sluicing doing but little he promised
to come over to Cleary to see me tomorrow.
Now lying on top of hill above Twin
- I blow & puff like a fat man.
<page break>
[sketch of building site]
[captions:]
N.W.
Cor. 1st
Bench of Dis. B
on Wolf
400 ft. A. post
Post A. location by Barnette for
W. H. Summer, by Atty in fact Barnette
Witnesses, Dan McCary & Jim Eagle
Oct. 3, 1902 : Also location
by W. Lawson. Aug 11, 1903.
Also location by John Kion Jany
17, 1904.
B posts one 30 ft south of north
line of 1st Bench of Dis. of Wolf marking
claim of Emil Dorfner, J. E. Moore, Agt.
claims fraction 35 ft wide Next
stake is 10 ft south of my line &
<page break>
is John Dowdell Halbert, witness;
Went down & saw Halbert we went
around lines of Dis. on Wolff
& found notice of water right torn
up & on ground water ditch across
discovery & 1st Bench off Staid
all night with Discover people on
Cleary bed was a wobbly structure
& clothing an old fur robe.
-12th-
After breakfast went over & was
running my line between discovery on
Cleary & my bench on left limit when
Mr. Hastings came over & informed
me that Mrs. Crawford was dead.
She has been sick for some time
<page break>
& he told me yesterday that she
had seemed bad but was much
better & when the neighbor women
went to see her yesterday evening
she said she was so much better
that she thought she would get up-
She rested comfortably all night but
this morning took worse suddenly
& died in a few minutes. Dr King
was called at my suggestion & says
it was blood poisoning she
swallowed a pin a week ago
& it has evidently caused the trouble.
Have been with Crawford he wants
her buried temporarily on my
claim 1st bench off Dis. on
<page break>
Wolf & I am looking after the
details for him. Have worked
all afternoon planing lumber for a
coffin raining & dismal weather.
to die and be buried in
the Tanana
valley!
-13th-
Yesterday was a cold rainy day, black
in disposition & circumstances
I worked till late in the afternoon
wet, muddy and cold & then went off
& left the carpenter to complete the
work he made the coffin too short
after I left & when I returned I
had to cut out the head & foot boards
<page break>
& lengthen it two inches. We did
not get it lined & finished until
after 10 a.m. This morning the
skies are brighter & the rain has
ceased, but the tundras of Cleary
creek are knee deep in mud & water.
There is no road on the creek & you
just make up your mind where the
mud & water is shallowest & wade!
Ronan & Mattison who own the
1st Bench off No 1. Above Discovery
on the left limit began to sink my
shaft near their lower line to bedrock
yesterday & I hope to see it down today!
At 11 oclock
I conducted the funeral
of Mrs. Crawford a young woman
<page break>
her husband a miner at Dawson & now
here on Cleary. The pall bearers were six
stalwart miners the coffin at the
grave rested on two upturned mining buckets
covered around with soft moss the box
in the grave was banked with same soft
and beautiful moss 6 women present
- Mrs. Hastings, Mrs. Boone Sr.
& Jr.
Mrs. Esterly, Mrs. Copes & Mrs Brown
They sang Rock of Ages - & Nearer my God
to thee. I spoke as best I could on the
loss of the husband & community briefly,
& upon the fact that it was a miners
funeral and the first funeral of
a white woman in the Tanana
region! Her grave was banked
<page break>
high with the most beautiful moss
I ever saw 25 or thirty miners
present.
This afternoon spent in cutting
out my line next Dis. on Cleary.
It runs down into the creek & I am
greatly pleased with it Also
Ronan, Mattison & Nightingale
have worked in sinking the shaft
near my upper line we have struck
was {what} seems to be good pay 5 cents
to the pan near the top hope to get
to bed rock tomorrow.
Visited 2nd Bench off Dis &
2nd Bench off No 1. above Darrells
& Clarks today & find all wood on
<page break>
upper part cut & piled Chas.
Oesterle No 14 1. above has name
on some. I counted 40 big
piles cut & laid ready to haul -
-14th-
Cleary Creek, Aug. 14, 1904
Received from James Wickersham
the sum of Fifty (50) dollars
being his one half of the sum
due for assessment work on
Discovery Claim on Wolf Creek
which I hereby agree to do in
fall for 1904. S J Halbert
Paid above amount to Halbert
who will also do his & my work.
Also paid Mattison & Ronan
<page break>
$35.00 in full to finish shaft to
bedrock begun by Pat. Whalen.
- 3 ft. of pay dirt I am now
satisfied that my claim adjoining
Discovery on Cleary in valuable
- I now fix my value on it = $25,000.00
{(sold it in 1930 for $1000.00)}
Also paid Hastings, for Discovery
people $100. board for Pat. Whalen
& owe them $37 for labor of man
5 or 6 days to assist him.
Paid P. Whalen $115.00
Freight tent 8.00
Mattison & Ronan 35.00
Dis. board Whalen 105.00
asst. Whalen 27.50
Cost Asst. work $290.50
on 3 claims on the left limit.
of Cleary off Discovery for
1904 Came by & inspected
<page break>
the Triangle claim at junction
of Chatham & Cleary Jim Eagle
wants me to buy his ½ interest for
$500, on which I have paid
him $35.00
[sketch of mining claim]
[map captions:] No 5 on Cleary
Discovery on Chatham
Pay Pay
I am inclined to buy this interest
for it is a good claim. Left
Cleary about 4 oc. & came over
to Golden At Costa House -
<page break>
which is advertised as the only two
story Hotel on the Creeks and
it is certainly the best. Jack Ross
an old time Sour Dough, propr.
Met Twilliger, Dep. Col. Int
Rev. here looking up his line.
-15th-
Left Ross hotel at 8 oclock & walked
the telephone trail to Fairbanks new trail &
swampy. Fine day walked the 14 miles
in four hours without sitting down or
resting. Bath clean clothes & was in
court at 2 p.m. - but nothing to do.
No mail no boat no news.
-16th-
Court today but lawyers postponed
<page break>
everything until tomorrow. Barnette
just informed me that one Clapp, Asst. U.
S. Eng. telegraphed him from Mentasta
to stop turning Tanana into Slough!
Verily the Knocker accomplishes something
if he only keeps at work. Have about con
=cluded not to buy Jim Eagle interest in
the Chatcham Creek fraction it is so small
& money is better invested in something else.
-17th-
Hearing motions for new trial &c. & among
them heard the motion for new trial in Barnette v.
Freeman, et. al. which is a close & bitterly
contested case. I am now inclined to the
opinion that the jury returned a verdict on
insufficient testimony but even with
<page break>
that there are so many close questions in
the case that I may conclude not to disturb
the verdict There are good reasons why
I ought to let Barnette win if at all, only
in the Circuit Court of Appeals He is totally
obtuse in his ideas of right & wrong! & has
placed me in such a position that in a close
case I am almost obliged to decide against
him in this case.
-18th-
Hearing cases motions &c. but about
finished Will take the Sarah in a week
or ten days for the outside. It is remarkable
how the town is growing. It is as if Dawson
were transported here in a night. There
are now probably 2000 people in Fairbanks
<page break>
& the end is not yet- I paid $175. for the
lot where our house stands N.E. Cor.
Noble & First Ave. & in the spring & already
business has completely taken the blocks
next to us & even invaded the block just
across the street the lot is now worth
$1750! what Shylock called den per
cent brofits. The Apple block on my lot
at S.W. Cor. Cushman & First Ave. is the
choicest peice of property in town & will
continue to pay me more than $300 per mo.
for 3 years. Mills are working long overtime
- carpenters get $15.00 per day & all things
in proportion. Cushman streets is now
being cleared out & will be the finest in Alaska
Edgar has retailed the front 75 ft. of his lot & the parties
are to pay him $200 per mo. & put up two story building
<page break>
-23rd -
Still trying small matters & settling
the ends of cases It has been raining for
four days & the river is high and rapidly
rising the Tanana, Koyukuk, Lavelle
Young & Rock Island all in. Recd.
mail no news but salary vouchers for
May & June. Paid Heilig in full
Learned that our boat Sarah will probably
be at Ft. Gibbon on 28th we go next Sunday.
Tried Ole Peterson, today, for insanity &
sent him to Oregon Insane Asylum.
-24th-
Granted New Trial in Barnette v. Freeman.
While the opinion is brief & not carefully written
I consider it very important on account
<page break>
of the fact that the principle therein announ
ced if carried to a proper conclusion
will effectually cure the curse of the
abuse of the power of attorney in locating
mining claims. The principle is that
there is no reservation or segregation
of the claim from the public lands, so as to
prevents its exploration by other miners,
until an actual discovery of
mineral is
made.
-26th-
Business of the court about done we
are packing to leave on first boat to meet
the Dawson boat. River is very high &
drifts threaten to take the bridge out but
so far it is saved.
<page break>
-27th-
Earthquake at 12 oclock, noon-
from S.W. to N.E. & quite strong for
several minutes no damage but
everybody ran outdoors, &c. Busy
closing up court matters & nothing left
that I can force to be finished.
-28th- Sunday.
Miss Ebersole rents our house at
$45.00 per month & buys our provis
=ions. Kellum has agreed to buy my
library - $1850.50 Paid my bills today.
Chena river falling Florence S: in port.
Filed Affidavits of Labor Assessment
for
1904 - for 1st Bench off
Discovery, left
limit Cleary also 1st Bench off Discovery
<page break>
on Wolf Creek Paid Johnsen in full $65.00
-29th-
Wolf Creek. Nothing from boats yet.
Received permission from Atty. Genl.
for leave of absence Saturday.
Geo. Apple paid rent for September = $200.00
Miss Ebersole 45.00
-30th-
Sold my library to J. C. Kellum
for $1850.50 of which amount he
paid $750 he pays $450 on or
before Oct. 5, and $650.50 balance
on or before March 1, 1905. I also
made an arrangement with Willig
<page break>
by which I release my option to
purchase a half interest in his mines
in consideration of his transfer to me
of a half interest in the Bear Creek Mining
Claim but I also made an arrange
=ment for him to sell all his interests
to Murphy, Revett & Cantar for the
sum of $6,500. and with them that
if they bought I should release my
mortgage and own a third! This
would make my third cost me $2800.
while theirs would cost them $3250,
- but I give up the 2/6 in Bear creek.
Signing papers & working until
midnight. Left Willig notes &
my business generally with Comr.
<page break>
Ed. J. Stier he collects my
rents, Kellum & Willig notes &c.
Left Fairbanks at midnight
on Str Koyukuk. Have a
very severe cold.
-31st
En route down Tanana, on the
Koyukuk. Passed Nenani,
Baker Creek, Tolovani, Cosna
telegraph stations also the boats
Marguerite, Tanana, Wilbur
Crimmons. Cold & cheerless
boat & weather, river fine.
As we passed the Str Tanana we
came along side & Mountjoy, interview
=ed Heilig &c. They are to consider
<page break>
matters - &c. at Valdez but as that
is two months off I do not think
Mountjoy will remain that long.
Charlie Joynt is also aboard the
Tanana en route to Fairbanks. He
is, to some extent, connected with the
White Pass Ry. Co. no railroad news
& I am glad of it a railroad will
hurt the came now.
[september 1904]
September 1st
The Koyukuk reached Tanana Weare
Ft Gibbon this morning at breakfast time
the Sarah was just a few hours ahead
of us, and we transferred & good state
room assigned to us. With Mr. Harlan,
Hess & Heilig called on Major Williams
<page break>
posts commander a pleasant man.
Herman left for Fairbanks at noon
pushing a big heavily loaded barge.
- Ben Downing with his supplies aboard.
Met Mark Sullivan, attorney from Nome
who informed me that he and McGinn
were to establish law offices at Fairbanks
- he goes on Herman today & McGinn
will come in this winter. Passed on
two applications for bar room license
here today granted.
-Sept. 2nd-
Slept late breakfast at 9, but a glorious
morning. A cloudless sky & the mountains
& hills flaming in red & yellow the tints
of Autumn it is quite apparent
<page break>
that the Tanana is a warmer region
than the Yukon, for the Tanana leaves
are yet untouched by frost while the
Yukon hills are beautifully coloured to
their bases. We passed the rapids at
the Ramparts this forenoon met the
Monarch loaded with passengers & freight
bound for Fairbanks. With a fair wind
the Sarah is making 6 to 8 miles per
hour up stream water is high.
-Sept. 3rd-
We reached the Flats leaving the Rampart
mountains at 5 oclock this morning, and
all day long we are going past my old
cabin mail houses of 3 years ago when
in Feb. & Mch. I tramped along the ice
<page break>
from Eagle to Rampart to hold court.
We passed the Pac. Cold Storage Co.s str.
Robert E Kerr with a large scow loaded
with cattle for Fairbanks. Beautiful
day and fine view of the Romanzoff &
Beaver Creek Mts. Much interest in the
recent new strike on Beaver Creek.
-Sept. 4th-
Beyond the Arctic Circle!
We reached Ft. Yukon at 9. a.m.
Jack & Mrs. Carr have bought out
the N.A.T. & T. Co. at this point & are
rebuilding the old store, dwellings, &c.
Went ashore got mammoth tooth,
a fine specimen of H.B. tomahawk
gloves, &c.
<page break>
-Sept. 5th-
Came into Circle at 9.a.m.
& remained
till noon. Expected to see Bob. Courtney
of the N.A.T. Co. whom Mountjoy,
Special
Agt. Dept. Justice,
suggested for Comr.
in Dr. Nichols place but
he is out of
town at Dawson though
expected back
on Cudahy today. Informed Frank
Jewett that I would appoint
him &
left a bond & oath for
him to give.
We passed the Cudahy
20 mi. above
Circle, going down, loaded
with passengers
& freight. One strong proof of the gen
=eral confidence felt in
Fairbanks is
that of the hundreds who
have gone in
this summer none go out. On
<page break>
this big boat there are none going
other than the official crowd the
prisoners & guards and both guards
have a poke to take out with them
Besides these Pete Kling, from Cleary
Creek, goes out after 8 years with a
small fortune - $10,000, while Copeland
one of the guards has as much. Young
Harrot, Pedros partner is going out
for supplies, and all expect to go in
over the ice in the spring. There are
no disappointed or discouraged people
about and not more than 20 in all
-Sept. 6th-
Cold, but sun shining spitting
snow in the afternoon. We arrived
<page break>
in Eagle at 6:30 p.m. Went up
to court house for mail received a
telegram from Edgar dated 3rd as
follows: The
following telegram
was received by
me today: I desire a
letter of resignation from you to date
from today of the office of deputy marshal
On receipt of this telegram turn all
government property and prisoners
over to Dribelbis.
If this not acted on
at once you will be removed letter on
way explaining reasons.
Geo. G. Perry,
I did not & will not investigate.
Our boat remained at Eagle until
midnight & we saw the people, who
<page break>
were as kind as ever. Left $50.00
with Myers to paper & Kalsomine
our house sorted the mail, signed
a lot of official papers & returned to
the boat where we were called upon by
a number of our friends. Heilig,
Hess & Mr. Charles remain here, but
Mr. & Mrs. Perry & others come aboard.
Sept. 7th
Passed 40 Mile at noon at Dawson
at 11 p.m., but owing to the slowness of the
customs officers we remained on board till
morning, though those who resided in Dawson
were permitted to go ashore about 12 oclock.
Sept. 8th
At Regina Hotel for breakfast visited with
<page break>
friends dinner in the evening at Roediger
- Orr, Mr & Mrs. Holme, Finnie & wife &
Roedigers family present. After a most
excellent dinner we all went to the Agricul
=tural or rather Horticultural Fair
at the Rink and greatly enjoyed not only
the display of fruits {vegetables &}
flowers, but the efforts
of an ametuer company of comedians.
-9th-
Mr. Bergholz, U.S. Consul called, & Mr. Har
=lan, {&} Dr. Hamilton of the Bureau of Education
& I returned the compliment. He is of German
extraction, from Vermont, politically, from New
Rochelle, N.Y. actually, and is somewhat narrow
& egotistical. Very pleasant visit with Ed.
Orr, who took me out to the junction of Bear &
<page break>
Klondyke, where we carefully inspected the
plan and workings of a mine whose overseer
is J. M. Elmer, a young man with good ideas,
and the ability to carry them out successfully.
Lunch with Johnnie & Mrs. Scott & babies.
Went on bord the Selkirk at 9.p.m. for
Whitehorse. Met Judge Eddie Crane
on the street he looks just the same jolly
fat fellow & was particularly pleased that
I fined Red McConnell $1500. for selling
whisky in violation of law their differences
date from 1898 at Circle City-
-10th-
Making good time the Yukon looks
quite different now from what it did in
March last, when I went down over the
trail.
<page break>
-13th-
We are now in Lake LeBarge the bed
of extinct glacier - & will reach Whitehorse
this evening about 5 or 6 oclock.
Perry has not mentioned the removal
of Edgar but he and Mrs. P act
distant I am very much surprised
at his action and cannot understand
why he did it just at the moment when
my enemies are all trying their hardest
to prevent my reappointment. I
had trusted him fully and was constantly
assured by him of his friendship and
support I am now afraid that he is
working underground maybe not!
<page break>
-14th-
We left Whitehorse this morning at 9:30
& reached Bennett for lunch saw Judge
Tom. Hume, on train bound
for Fair
banks! Also saw both Skaguay &
Seattle papers saying that he was going
there to become a citizen of Alaska &
intended to practice law in Fairbanks!
Tom is foxy and that seems to me to be
a point scored in his candidacy for
judge! We reached Skaguay at
4:30, took dinner at the 5th Ave. Hotel
& went aboard the Cottage City &
are now speeding southward. Since
coming aboard have heard another
version of the Humes stampede, viz - that
<page break>
he is going to Fairbanks with the real
object among others of bringing a suit
for Causten against
Barnette, on
their old St. Micheal contract. This
sounds reasonable, and may account for
his remarkable trip but why at this
season when he has had all summer?
-15th-
We passed Juneau about 3 p.m. this
morning Judge Day, McDonald &
Todd came aboard going to Seattle!
They are very distant & reticent about what
they have been doing I know absolutely
nothing from them Judge Day has
merley spoken. We eat at different
tables it may necessary to be so formal!
<page break>
- merely as a spectator in the result of
his studies: He is more friendly than when
he first came on board he tells me that
he will only remain in Seattle one day.
We reached Vancouver, B.C. at 10
this evening & left after an hour.
-18th-
We arrived in Seattle, this morning at
8 oclock. Bid goodbye to Judge Day,
to McDonald & Todd, his associates-
He was quite friendly at parting & asked
me to come and see him when in Wash
=ington, D.C. Left the Perrys (thank God)
and Harlan at Seattle Geoghegan will
come over to Tacoma & help me write letters
for a day or two. We came over to Tacoma
<page break>
-16th-
Beautiful day We stopped in at
Wrangell & I met Chips Cole &
Marcella and their family of fine
boys & girls also Patenude & Mr
Kirk recently the minister at Eagle.
Perry opened up tonight and gave
me his reasons for removing Edgar
- I didnt say a word, but I can
not help but despise him for taking
the $600, belonging to Edgar & keeping
it. I am more & more disgusted with
the unsatisfactory attempts to admin
=ister law in Alaska and especially
in view of Judge Days public invitation
to unscrupulous persons to make secret
attacks upon the court officials.
<page break>
-17th-
We passed through Queen Charlottes Sound
early this morning & will reach Vancouver, B
C. at 9 oclock this evening. Have had a
long talk with Judge Day today nothing
new resulted from it, and he seems to be
inclined I cant tell what his
mind is about Alaska officials but
from the scraps gathered from his talks
I know I should be so disgusted and
prejudiced against both the people and
Officials of Alaska, as to be obliged to
recommend the strong arm for the first
and almost a new set of appointments
for the other and would be wrong, probably
in both cases. Certainly I am interested
<page break>
on the Interurban Electric Ry. and are
at the Irving Hotel.
-19th
Saw Judge Frank Allyn and asked
him to go over this afternoon & see Judge
Day & explain the old Brantner charges
against me he will do so. I am going
up to Buckley to see mother-
-20th-
Mother told me that Frank had sold
all his household goods which were
mortgaged and had gone to Nome during
the summer leaving his wife & baby boy-
His creditors were about to procure a warrant
for his arrest but May & Harry headed it
off she asked me to settle the matter up-
<page break>
did so - $88.80 - $15 already paid.
Every body well at Buckley.
-21st-
Judge Allyn tells me he had very satisfactory
interview with Judge Day who assured him
that the Brantner matter was thoroughly
explained and was wiped off the slate!
Judge Allyn sent him today copies of the
briefs in the Million Dollar Case he
did not know that I was city attorney
of Tacoma or was a practicing lawyer
before my appointment, but was apparently
impressed with Iveys charge that I was
only a politician. He and McDonald
were greatly interested in that part of
Judge Allyns statement. Am all
<page break>
ready & leave St Louis this afternoon
at 4. pm via. the Burlington route. I go
alone as Debbie is afraid to try it I am
one of the 100 National Delegates appointed
by Pres. Roosevelt to the Congress of Lawyers
& Jurists also the representative of the
Tanana Bar Association to the National
Bar Association.
-22nd-
Left Tacoma on 4 oclock overland last
evening passed Spokane early this
morning now near Montana line raining.
-23
A beautiful autumn day on the Yellowstone-
We left the N.P. at Billings up the Big Horn
Custers battlefield the Burlington Ry-
<page break>
-24-
From Billings the Burlington route runs
via up the Big Horn across to the Powder
& thence across Wyoming the lower S.W.
corner of S. Dak - & through Nebraska
We have just crossed the Platte river at
Grand Island it is a mile wide &
perfectly dry. Its sandy {& dusty} bed really
seems higher than the valley side!
Sunday 25th
I arrived in St. Louis this morning within
10 minutes of the time Debbie said I would.
She is pretty clever at figuring out routes
& time tables and started me right.
Got my breakfast at 8.a.m. at the restaur
=ant in the Union Depot & then took the
<page break>
Market St. car and in 30 minutes was
in line at the Inside Inn waiting for
a room - #2142 first floor and
outside room opening out into the
oak forests in the main grounds of the
Fair. This immense hotel is a
temporary cheap structure telephone
build you can hear the man in the next room
kiss his wife but it safely houses
7,000. people! My room has closet
& shower bath hot & cold water.
The bed is good - $4.50 per day strictly
in advance. For two persons the same
room would cost but $5.00 per day
they make you pay the value of the room
- less a single admission for the $4.50
<page break>
includes admission to the Exhibition.
It is a beautiful sunny autumn after
=noon the wind plays music on the
oak leaves and an old fashioned
Illinois jaybird on the top bough
mingling his clarion call with rustle
of the leaves reminds me of Sandy
Branch camp meeting of thirty years
ago. Feel fine except tired feet, &
expect to enjoy the next few days-
Must now write to Debbie.
-26th-
Attended the opening exercises of the
Am. Bar Assoc. presented my creden
=tials signed the roll in that & in the
Congress of Lawyers & I wrote -
<page break>
Received badges, tickets admitting
to Fair, & invitation to reception to
be tendered to these bodies the
reception tonight & banquet on
Wednesday night. Met Edward
Whitson, from N. Yakima & W. H.
Harris from Tacoma. Enjoyed the
address by David R. Frances Pres.
La. Ex. Co. of welcome, papers by
Hagerman, Pres. Am. Bar Assoc. &
Dickinson, of Illinois the later on the
Alaska boundary case as a court.
Went to reception to lawyers at the
Missouri Bldg. met Oldum,
of Nebraska who nominated Bryan
at Kansas City Harlans friend & good
man. Reception nothing to me.
<page break>
-27th-
Attended Nat. Bar Assoc. met Judge
Graves of Yakima. Heard very instructive
paper by Judge Thayer, 8th Circuit, on
The Louisiana Purchase &c. In the afternoon
went to Alaska building met Mrs. Hart
registered Judge Day and McDonald
are in the city at Alaska building today
- waited for them to return, in rain went
out to near by Concessions & with Mr.
Peter Jensen of Wrangell & Mrs. Hart
through the Pike & took dinner with them.
Visited the Wireless telegraph tower &
greatly enjoyed the explanations Took a ride
around the Intermural Ry & went to
bed hot hotter hottest.
<page break>
28th
Congress of Lawyers & Jurists - John W.
Foster read his paper on the settlement of
international lawsuits before an inter
=national jury. Judge Brewer presided.
Distinguished foreign jurists present.
Banquet given by the Exposition to the
Congress in the splendid banquet hall
in Tyrolean Alps concession. David
J. Francis toast master good speeches.
I went with Whitson of Yakima, Graves
of Ellensburg, Oldham of Nebraska
the latter one of the Sup. Ct. Com. & a thoroughly
attractive man because of his energy and
active mind. Nothing particular today
<page break>
-29th-
The Congress is growing somewhat irksome
- the papers & responses are all determined in
advance there is nothing for me to do but just
sit & listen & the proceedings though impot
=ant are on a dead level of an agreed case
- every body agress upon the necesity or at least
the general desirabity of uniform laws and
international arbitration the statement of
the matter is not so material. Have attended
strictly but I intend now to begin to break
away & visit the details of this most wonderful
aggregation of the material triumphs of man.
Rode Ferris Wheel 164 ft high and visited
many other attractions. Went to receptions
at S. Dak. state building to meet Prof Tom
Sterling, with whom I studied law in Spring[field]
<page break>
- he is now Dean of S. Dak. law school.
Also press club reception met Gov. Dock
=ery- &c. &c.
-30th-
Attended Congress in forenoon visited
around the government buildings in the
afternoon went with Whitson & Judge
Graves to the Reception tendered to the members
of the Congress of Lawyers & Jurists by the
Board of Lady Managers, and after that
swell and formal function we took in
the Pike, until midnight.
[october 1904]
-Octo 1st-
Met Harston formerly of Eagle City
& took lunch with him today at the
Hoo-Hoo Club. All the lawyers have
<page break>
gone and I am going down to the
Jefferson Hotel this evening & probably
to Springfield tomorrow although
I have not been down in St. Louis a
moment yet & may stay over Sunday.
Virgil Farmer from Patoka sent
me his card but my feet are too sore
to hunt him up will write him note.
Octo. 2nd
Spent the day in St. Louis wandering
- at the Jefferson a splendid new
hotel.
-3rd & 4
Spring field, Illinois at the Leland
- called on John & Emma Kenney a
good visit gave Em $30. to go to the
<page break>
St L. Expo. with, they are both growing
old and suffering with disease but
Em is suffering worst with a complete
breakdown with nervousness on account
of his epilepsy, - poor girl, her life
has been a hell upon earth. Also
had a delightful visit with Mrs. Fry[?]
- Clark, Debbies girlhood chaperon
- she took dinner with me at the
Leland and enjoyed it very much
as I did. Paid my respects to good
old black Sally Bird, my wash
erwoman of 25 years ago she is
always delighted to see me-
Springfield is progressing and
improving in step with the East.
<page break>
-7th
Remained nearly three days in Chicago
- visited McClurgs and other old book
stores bought books Lodged at the
Auditorium & visited Fields Col
=umbian museum took an
automobile ride saw Nat Goodwin
at Powers theater, &c. &c.
-8th-
Nearing St Paul on my way home.
Remained in St Paul today visited the
offices of West Pub. Co. Lawbook publishers,
= they congratulated me upon the preparation
of the matter for the 1st Alaska Rep. &
said that it was up to the standard - they
also agreed to publish the 2nd Alaska on
the same terms as they did the 1st
<page break>
They also suggested that I prepare
one of the articles Mining Extradition
or some other for a new law Cyclopedia
- but as I did not feel that I would have
the time I did not accept the suggestion
Their commendation of my former work
was, in view of the high standard which they
set, however, very pleasant to hear and
encourages me in attempting future work.
-9th-
Crossing Dakota raining.
-10th-
Have met Borah from Boise, Idaho,
who came so near defeating Heyburn for
Senator my acquaintance with him is
very pleasant. Also met Senator
<page break>
Tom. Carter, of Montana, who boarded
our train at Helena. We had a long
& pleasant talk, and he assured me
that I ought to be reappointed Judge in
Alaska that he had heard no complaints
&c. He said that he had just received a
letter asking him to assist some lawyer
whose name he did not remember, but
who had gone to Alaska to recoup his
fortunes {Humes} to secure the appointment in
my stead he expressed himself flatly
that there ought to be no change.
Carter is stumping the state of Montana
with the Republican nominee for Gov.
he thinks Roosevelt & Fairbanks will carry
the state that the Dem. Gov. Toole, will be
elected but hopes the legislature will
<page break>
be Republican and he the successful
candidate for Senator.
-11th-
Two hours late nearing the Cascade
Tunnel Reached Tacoma at 4 p.m.
- Debbie well & every thing O.K.
-Octo 25-
When I reached home I received a letter
from the Atty Genl asking my opinion about
the advisability of removing the official headquarters
of my district from Eagle to Fairbanks on the
18th of Oct. I answered saying that on account
of reasons which Judge Day would understand
I did not wish to give any opinion that Judge
Day had recently been to Fairbanks knew the
exact conditions & that I preferred to have them
act on his judgement. Today I received
<page break>
a telegram from the Attorney General saying
Letter of 18th received. Want your opinion
as to whether it is desirable to remove official
residence from Eagle to Fairbanks. I answered
this peremptory demand by saying that in my opinion
it was desirable to make the transfer!!!
Nothing very particular since came home
Telegram from Walter E. Clark to the P- I.
Seattle paper, that Judge Day has made a verbal
report to the Atty. Genl. favorable to me, - no
final or official report yet.
-26th-
Another telegram today from Attorney General
asking if the removal of the records, &c. could wait
opening of navigation before being changed from
Eagle to Fairbanks, if residence removed answered
that portion necessary for spring term must go
<page break>
over the ice anway & that balance could wait
till opening of navigation.
Been over to Seattle several boats from
Nome & conditions there about as expected every
body damning Judge Moore Mort Stevens
arrested for embezzlement there was town collector
- & made affidavit that he paid $2000 to Harry
Steel warrant coming out for Steel who
is in Seattle. Steel says it is a lie - & I
have no doubt of it as Stevens as a thief &
a liar of the rankest kind the whole matter
comes from Richards & probably Major Strong of
the Nome Nugget. Went to theatre tonight with
Debbie The Wizard of Oz. Darrell is now
around at Porto Rico ! and is quite a
sailor. His vessel Tacoma is assigned
to the Carribean Sea Squadron.
<page break>
-27th-
Our 24th wedding anniversary!
Reced. telegram from Attorney General.
Marshal changed to Fairbanks commencing
December first. Letter to Valdez. Moody.
Was over at Seattle today saw Dr. Cabell
Whitehead but little time & go back Saturday
to consult with him about Fairbanks ditch & mine.
28th
Long visit with Senator Foster over at his
mill office he promised me frankly and
freely voluntarily that he would do all
he could to secure my renomination and
expressed himself as heartily disgusted
with the Ankeny crowd. Evidently they hold
too tight a rein on the old Man, and he frets.
<page break>
29th
Visited Seattle. Al. Cody, Dep. Mar. from
Nome is there with a warrant for Harry Steel
but Judge Dubose, John Corson, Sullivan
& other of the Marshal Richards gang have
been telegraphing to head the arrest I
gave Dubose a letter saying that Mort
Stevens upon whose testimony Steel is
held - is a thief and scoundrel in more
legal terms, however. Stevens will be
down on next boat was sentenced to five
years in McNeils Island penitentiary
& $5000. fine. Dr. Whitehead talked
about a bank & water ditch at Fairbanks
& will write me more fully about it in
November. Debbie went over to Seattle
with me Ed. Harlan there & Perrys.
<page break>
-30th-
The Tacoma in from Nome. McGinn
& Harry Steel went over to the U.S. Pen
& interviewed Mort. Stevens who
made a full confession in writing that
his former charges against Steel were
false and unfounded. He says that
he was encouraged by officials in Nome
to incriminate Steel with the hope that
he would thereby escape with a light
sentence.
[november 1904]
Nov. 5
Valdez Have been in Seattle all
week with Debbie at Rainier-Grand
waiting for boat. Perrys, Harlans,
Geoghegan aboard full cargo also.
<page break>
Have attended grand Lodge of A.Bs
in Seattle this week and was on Com.
on Credentials. Recd. card from the
Alaska Club making me an Honorary Mem
=ber. George Esterly, Meenach &
others from Valdez to see me; - also Col.
Perkins, Dick Ryan and the Nome
contingent, who seek to join forces in
their fight against the Heid-Brady faction.
I do not care about either of them partic
=ulary but did what I thought would
keep up the contention between them &
not enough to justify either one in oppos
=ing me as an enemy They are both my
enemies but cannot agree on their own
matters. Have
suggested to Debbie
that she come to Valdez to meet me
<page break>
in February & go across from Valdez
to Fairbanks with me in March.
Paid another
payment on my
Puyallup valley land before I
left
Tacoma, also taxes on it to date.
-6th-
Gulf of Georgia. The Captain of
Excelsior is instructed to get us to
Valdez on time for court on 14th if possible.
-7th-
Millbank Sound at noon.
8th
Dixons Entrance hard storm
this evening wind from astern but
the worst I ever saw Cannot get
through Wrangell Narrows tonight
- so lay out in channel & roll all night.
<page break>
Mr. Harlan has great expectations
yet and told me today that if he
were appointed judge at Valdez
he would stay there and not make
these ocean trips, of which he is afraid!!
9th
Wrangell Narrows. We remained at
the Narrows until one oclock today
before we could get through on account
of the low tide! We will reach Juneau
about midnight or one oclock
Am writing letter to Debbie to be mailed
there.
-10th-
We arrived in Juneau last night at
1:30 a.m. I went up town & the watchman
at the Custom House hunted me up &
<page break>
said that Capt. Jarvis had left word
that I should come to his house & call
him which I did. We went down town
& had lunch to the office & talked for
hours & I left Juneau at 6 oclock
Roosevelt & Fairbanks
Elected.
by a safe majority Mead was
elected {Governor-} in Washington. I had a
long and very pleasant visit
with Jarvis
who told me about the trip from Fairbanks
around via Nome, to Juneau with Judge
Day - He says Judge Day was satisfied
with me and my services as judge & will
recommend my reappointment, &c. He said
many pleasant things Jarvis wants
to be Governor of Alaska but will
<page break>
not say so and even worse wont let
any one else say it. He can have
that or the head of the Revenue service
when Capt. Shoemaker retires but
I know from his conversation that he
really prefers the governorship.
The Exclelsior put off the freight
& passengers for Sitka at Juneau &
we are now sailing through Icy Strait
It is a beautiful sunny day with ice
bergs all around us it looks as
if we might have some good weather
outside. Passed the mouth of Glacier
Bay Muir Glacier was plainly seen in
the distance a procession of stately ice
bergs marches out into Icy Strait at
dark we had passed out of Cross Sd. into the
Pacific
<page break>
-11th-
At sun up we were steaming into Yakutat
Bay the grand mass of the St Elias range
standing out clear and bold
Not a cloud the great white range
appeared to rest on the dark waters of
the bay the bright blue sky above. It
was a sight seldom witnessed the
mountain mass for fifty miles along
the coast is 10000 feet high the
peaks rise to 18,000 and more
the Malaspina glacier, spreading
its front 60 miles along the coast
is with its feeding fileds larger
than Switzerland with all its glaciers!
<page break>
-12th-
Kayak. Left Kayak at 8 a.m.
Reached there at 3.am & unloaded,
took on lot of passengers Whittlesey,
Willoughby Clark, & several witnesses
and jurors. There was also disem
=barked at Kayak a young woman
- apparently of good character and clean
& bright from Londondery, Canada,
who came to marry a man by the name
of White. A committee met her
at the island, to inform her that her
affianced is a squaw man & has
a child in the camp by his Indian
woman! Mr. Harlan gave me
<page break>
November 12th - continued.
the opportunity today to mention the fact
that of all those attempting to blackguard
me in the Day investigation at Valdez
that Hubbard his Valdez deputy was
the worst the organizer He defended
Hubbard warmly but as warmly I accused,
- he understood my position clearly &
is perfectly willing to reap the reward
of the efforts of Hubbard and others to
do me the vilest injury. I will wait
patiently but if I am reappointed will
do my best to weed the gang out!!
Another beautiful day we reached
Valdez tonight at midnight!
<page break>
Nov. 13th
Reached Valdez last night, and
went to the St. Elias Hotel Hender
=son met me at the boat but Heilig
has not yet called to see me.
We learned upon our arrival
that
Fairbanks on Wednesday the 9th
This will disarrange many well laid
plans of the conspirators against me.
Heilig had been assumed by the Sullivan
- Christian forces who were working through
Ankeny for Humes that if would desert
me and remain neutral he should be
retained by Humes as Clerk, and acted
accordingly. Many other of my clear
<page break>
weather friends were attracted to the Humes
support by his presence in Fairbanks
& the persistent undercurrent, that
he had gone there with a promise of
appointment in my place His
death disorganizes all their efforts.
My friends in Fairbanks Valdez however
were not frightened or intimidated by
that bold political move and have
remained loyal to me: - the most
disloyal of all are Heilig & Claypool
the latter of whom has not missed an
opportunity to attack me in public
where he thinks I will not hear of it.
Of course Harlan is being used by the
Copper crowd to kill me off but they
<page break>
do not intend to do anything for him
in return. Geoghegan has also been
acting foolish but I will now bring
him up with a sharp pull and divorce
him from the Harlans to whom he seems
as slavishly devoted as Jeffrys was to
Mort. Stevens- I saw George at
Juneau and he now sees clearly that
he was used by Stevens robbed and
dropped {by him} when his money had disappeared.
Most of my friends have stood the test
without a single word of assurance from
me but a few of those nearest who
have been most actively attacked have
grown weak but I am not discouraged
for I well knew of their weakness of
<page break>
character but if I am reappointed
I can make up a new list of men
of stronger character and will do
so promptly I will do nothing
however, until my reappointment
- if it comes so that if I am not
reappointed there will be the least
evidence of trouble possible
Am now beginning my instructions
to the Grand Jury and a letter to Senator
Fairbanks upon the necessity for this
new Roosevelt Administration to take
hold of and organize Alaska by
the appointment of Jarvis as governor
& through him as the personal representation
of the president to appoint all other
<page break>
officials so as to form a Roosevelt
system a homogenious system
all of every part of which shall
be responsible to the head through
Jarvis.
-14th-
Special November Term, Valdez.
Court today grand jury empannelled
- J. C. Martin foreman. Rob. Coles crier: W.A.
Berry, bailiff. Mountjoy is here examining
offices of Clerk &c. We are in the new court
house arranging our quarters and getting
things in order. Telegraphed
Abe Spring
to send me report on conditions
at
Fairbanks.
<page break>
-15-
Telegram from Spring, at Fairbanks,
reporting on conditions there also advising
me that Heilig wired Long not to pay
my salary as license inspector and am
fired. Mad well I should say I
was. I called Heilig into the office &
with him Mr. Plato Mountjoy, special
agent, with whom Heilig had talked and to
whom he had knocked Abe Spring continually.
I then told them what Springs telegram said
and Heilig admitted that he had sent the telegram
saying that Mountjoy thought there was no necessity
for Spring as such license inspector But I
said Mr. Mountjoy is not District Judge I
am judge in this district and neither you
<page break>
he have anything to say about it its none
of your business I resent your action.
I demanded that Heilig go at once and
get me a copy of his telegram which he
did, and I presented it to Mountjoy to
read it was as follows.
Valdez, Oct. 31, 1904.
John L. Long, Deputy, Fairbanks, Alaska.
With your first report you sent declaration
of intention of Day and Lyden. Where have you
accounted for the fees.
Mountjoy arrived
yesterday. He
contends there is no authority
in law for appointment of license inspector.
Do not pay Spring salary until advised by
me. Official
business. A. R. Heilig
Clerk.
<page break>
Mountjoy at once said that he had never seen
the telegram had no knowledge of it- and
as nearly as he could repudiated it. I was
angry and spoke short and sharp to both but
particularly so to Heilig. I instructed him
in Mountjoys presence to send a telegram to
Long to pay Springs salary. I told Mountjoy
that Springs appointment had been approved
by the Dept. of Justice, and particularly by
Dep. Atty. Genl. while he was in Fairbanks &
that it was {a} necessary appointment one in line
with a similar action at
Nome, and on the
Coast Clegg being license inspector for the
coast canneries, &c. &c. Mountjoy looked blank
- as though he had meddled as he certainly had.
<page break>
Heilig sent this telegram at my demand:
Valdez Nov. 16, 1904.
John L. Long, Deputy, Fairbanks, Alaska.
inspector until otherwise ordered.
Official business. A. R. Heilig, Clerk.
am reappointed
as soon as I am confirmed.
Str. Excelsior in from westward & went
out at noon. Mountjoy went out on her.
Recd. telegram from Walter E. Clark.
Washington D.C. Nov. 16 via Vancouver B.C.
Judge James Wickersham,
Valdez, Alaska.
You are reappointed
today. Moore and Brown
must resign. Richards removed.
Walter E. Clark.
<page break>
If this is true it is the most satisfactory
and complete vindication possible,
and amply repays me for all my labors
and trials in Alaska it will be a
blow to the jury fixers. Jarvis and Clark
have never ceased to work for me & I
owe them much. Busy in court
Grand jury hard at it and I am hearing
cases constantly.
This has been a busy day. Wrote to
Debbie before I heard from Clark but she
will hear it there.
Invited Joe. Burk, Prospector, & Rotchford
of the News, with Judge
Lyons to dinner tonight
We celebrated in a quart & good birds. I enjoyed it.
<page break>
[newspaper clipping, line breaks disregarded:]
[sideways on left:] The
Alaska Prospector
Valdez, Alaska, Thursday, November 17, 1904.
Wickersham Is
Re-appointed
Only Judge in Alaska To Retain His Position. Richards
Has Been Removed. Brown and Moore
Must Resign.
During the afternoon session of court yesterday,
Judge James Wickersham received a telegram
announcing that he had been re-appointed.
The message was from Walter E. Clark, the
Washington representative of the P.-I., and a warm
personal friend of the Judge, so there can be no
mistake about the matter.
According to the telegram, the president made
the appointment yesterday. It also states that
Marshal Richards, of Nome, has been removed
from office, and that Judges Moore, of Nome, and
Brown of Juneau, will have to resign.
This will be a source of great satisfaction to
the many friends of the judge throughout the
district, as he is the only one of the three judges
to be retained. The dismissal of Richards fully
vindicates the action taken by Wickersham in
regard to Richards, while in office at Nome.
<page break>
-18th-
No more news from appointment. Busy
now in court hearing cases Preparing
two opinions in writing Grand Jury hard
at work.
-19th-
[on left:] Attended ball at Moose Hall-
[on right:] The
lawyers are preparing and signing
an {a} petition asking removal of Heilig,
Clerk.
[newspaper clipping, line breaks disregarded:]
Washington, Nov. 19
The president has decided not to remove Judge
Moore, of Nome. While his administration has
not been satisfactory, it is thought that the fact
that he has been surrounded by the worst kind of
officials may be responsible for most of the
dissatisfaction.
Governor Brady, whose office was also
investigated by Day, has had his administration
endorsed and will be reappointed.
The text of Days report has been refused
the press, but is given out that Judge Brown
violated the proprieties of his office. Attorney
General Moody announces that Browns
successor will be appointed in a few days.
There has been many applications for the
position, but the president has referred them
all to the Pacific Coast senators.
Prepared opinion in 1st Nat Bk. Seattle v Fish.
Dinner with Rob. Cole & family Nan present.
<page break>
Instructed Heilig to send telegram to
Long, deputy clerk at Fairbanks, notifying
him & lawyers that Official Residence
had been removed from Eagle to Fairbanks
to take effect December 1st. Have
received many telegrams of congratulation
from there today. I am pleased that
Judge Moore has been kept at Nome
- and particularly that he is retained to
give him another chance the official
statement being that he has been surrounded
with such bad officials that he has not
been fairly tried. Rather a hard shot
at Richards Grigsby et. al. Nothing
yet about Perry or Harlan I do hope
Hubbard will receive notice to go!!-
<page break>
I shall greatly regret if my letter to
Senator Fairbanks asking him to secure from
the President a Roosevelt Fairbanks organi-
=ization of Alaska fails to reach him before
the governor is appointed I do not doubt
that Roosevelt will do it if he is rightly
informed on the question.
My jury fixing enemies at Nome did
me the honor to differentiate between me and
Judge Moore by telling Day that I was
a damn bad man but a good judge & that
Moore was a damn good man but a bad judge.
Since they are all now removed for being
{damn} bad themselves, their evidence as to my
wickedness does not seem to have had
much weight = same as to Moores ability.
<page break>
-21st-
Tried the case of Windmuller v Clarkson,
without jury decided for defendants. Also
read my opinion in two cases-
Str. Portland in tonight got a nice
good letter from Debbie she says she is
both well and happy Darrell in New York.
Politics overwhelmingly Republican even
Missouri goes 30,000 for Roosevelt & Fair
=banks! Debbie sent me check for my
last quarters expense account.
-22nd-
On going to my room last night I found a
letter which had been left there during my absence
signed by E. E. Coy containing a copy of a letter
which he had sent to the President abusing
Harlan & Hubbard - & to some extent comp-
<page break>
-limenting me He is the crazy old idiot
that abused me to the President & Judge Day
He tried to get me to read this same letter two days
ago in my office and I refused to do it.
This morning in open court I filed the two
letters with the clerk, and roasted Coy to
a turn for writing it. I would have punished
him for contempt except that I am inclined
to think he is hardly responsible at least he
is so cranky that one ought not to pay attention
to such a matter as this. I threatened him &
asked Mr. Harlan to examine the letter.
Tried a jury case today murder trial tomorrow.
Have this afternoon received three belated
telegrams from Washington, D.C. - one
from Asst. Atty. Genl Hoyt, amending the
<page break>
rules so that we can pay witnesses such
mileage and per diem as they ought to
receive, and the following from-
Attorney General Moody
Washington Nov. 17, 1904.
James Wickersham
Valdez, Alaska.
Judge third division of Alaska.
Moody.
also one from Stephen Birch, from
Washington, of same date, saying
We all send hearty congratulations on
your reappointment. We means
Clark, Birch and my other friends there.
I feel now that I can say, modestly but
<page break>
to my own private diary that notwithstanding
all the mistakes which I have made my life
is now fairly a success not that I have
reached the end, but that I am now in that sphere
where successful men stand, and from which
I can do more and better work. I am particu
=larly proud of my reappointment because
of Darrell he can now always be
reasonably satisfied to say who his father
is and my good clean pure minded
wife is to be credited with nearly all of
it. I try not to gloat over anothers misfortune
yet the following reads well in connection with
my past recollections of jury fixing at Nome:
[newspaper item, line breaks disregarded:]
Washington, Nov. 20 The president has
the matter of Alaskan appointments still under
consideration. The marshal for the Second
division will be named soon, and will be
expected to proceed to Nome at once, over
the ice, to relieve Richards.
<page break>
-23rd-
Str. Dora in from Westward with
witnesses, jurors, officers &c from Kodiak
and way ports. Trial of my civil
case things going slowly.
-24th-
Thanksgiving Day-
No court. Worked on correspondence
& other office matters wrote letter
to Chairman House Comt. on Territories
Washington, D. C. in explanation of Rust=
=gards mining law accusations-
Dinner with Mr & Mrs. Charles Debney
- present Jesse Martin & Nan
A most excellent dinner good wine
& good cheer Received telegram
<page break>
from Barnette, Pres. Century Club,
Fairbanks, informing me that the Club
intended to hold thanksgiving ball in
its new Hall at Fairbanks & inviting
me to be present. Returned my con
=gratulations by telegraph.
-25-
Trial by U.S. v. Johnson jury all day-
Telegram from Abe Spring announcing the
death of Archie Burns, an old frontiersman
who owned a homestead across from Fairbanks
- built first bridge across river at Fairbanks.
-26th-
Trial of U.S. v. Johnson all day submitted
to the jury tonight The Santa Clara came
in at 8 oclock received good letter from
Debbie dated the 14th she had not then
<page break>
heard of my reappointment which took place
on the 16th. Recd. kind letter from Judge Allyn
congratulating both himself and me on the result
Also letter from Senator Nelson, of Minnesota
- he is still ugly but not virulent He
keeps harping upon the idea that Birch supports
me as if a successful litigant ought to be
expected to abuse the court. Recd. clipping
from Tacoma Ledger highly complimentary
- & giving some of the details of Judge Days
report which seems to have sustained
me fully No news yet about other appointments
I hope none will be made until my letter reaches
Senator Fairbanks in favor of Organization
Jury in U.S. v Johnson seems to be hung
Papers of 18th on Santa Clara
<page break>
-27th-
Jury in U.S. v Johnson out all night
& unable to agree at noon today discharged.
-28th-
Called the case of U.S. v Johnson for a
second trial this morning there is much
feeling against him he seems to be a very
bad character when drunk he is known as
Eat-em up Johnson for his fighting proclivities
when drunk. All day trying to get a jury but
not finished yet adjourned our efforts at
5 oclock till tomorrow morning hoping
that the arrival of the Portland from westward
will bring us additional jurors. Wrote
to Debbie today Am to have an informal
reception at Tilicum Club tonight.
<page break>
-30th-
Began the second trial of Eat-em-up Johnson
Monday morning and have, after three hard days
work, just submitted it to the trial jury 9 oc.
p.m- It has been a hard case and has greatly
fatigued me. The Santa Clara will go back
to Seattle in the morning; have written Debbie.
Send my Nov. salary voucher. Jury returned
a verdict about 1 oclock Guilty.
[december 1904]
-Dec 2nd-
Criminal case yesterday U.S. v Peterson
manslaughter for shooting Pete Peterson
at Uyak Bay guilty, but strongly recom
=mended mercy. Today U.S. v Warner,
manslaughter Killing Albert Stecker at Red river
on Kodiak island= Verdict. Guilty.
<page break>
-4 3rd-
Sunday and a rainy day
worked in
the office all day on opinion in A.C. Co.
v. Debney
-5th-
No jury case ready tried Stull v White
without jury
-6th-
Recd. telegram from Abe Spring informing me
that the Barnette-Freeman litigation had been
settled that Barnette had been paid $90,000. &c
This claim adjoins or is very near my claim off Dis
- on Wolf it encourages me to hope for the pay
streak on that claim. Turner & Swift Water Bill
bought the Barnette-
Freeman interests.
Begun trial of U.S.
v Hayashida murder.
[newspaper clipping:]
Washington, Dec. 5 The presi-
dent appointed Royal A. Gunnison,
of Binghamton, N.Y., as judge of
the First district of Alaska, to suc-
deed Judge Brown, who resigned.
<page break>
-Dec. 7th-
Clegg paid me $110.00 in full for rents,
due on my McKinley St. house to date {Dec 1.}
[newspaper clipping:]
Washington, Dec. 6 The presi-
dents annual message to congress
contains strong recommendations
regarding legislation for Alaska.
He contemplates a radical change
in the powers of the federal officers
and favors a delegate to congress.
The case of the U.S. v Hayashida, a
Jap. for murder at Nushagak on trial today
- case concluded & jury out.
-8th-
Began trial of U.S. v. Sergin murder
{Matesero mayhem} from
Sand Point {Appollo Mine-}
near Unga. Read my opinion
in A.C. Co. v Debney in re foreign judgments.
-8th-
Case of U.S. v Sergin all day tired as
a dog telegrams today announce the
<page break>
reappointment of Gov. John G. Brady,
Wm L. Distin, as Sur. Genl. & Judge
Gunnison names sent to Senate
Have not heard from my own confirmation
yet my enemies may give me another
fight there: It is my
judgment that Brady
is a good honest man but that his appt
=ointment is a sad mistake he is hopelessly
incompetent- and lacks executive ability.
-10th-
Sergin case all day a remarkle case
of murder by two Aleut-Russians assisted
by the murdered mans wife. This evenings
paper says that Capt. Jarvis has been ordered
to come to Washington on business connected
with his department but I am inclined to
think it is on General Alaskan matters.
Hope so at least U.S. v Sergin sent
to jury tonight at 8:30 = Verdict Manslaughter.
<page break>
-11th-
Sunday worked in office all afternoon on an
opinion in Stull v White nothing doing.
-12th-
The Str. Santa Ana came in this forenoon a
nice letter from Debbie she is greatly pleased over
my reappointment and has evidently been enjoying
the congratulations of our Tacoma friends. I also received
one of Walter E. Clarks genial letters full of warmth
and friendship, - he quotes Judge Days final report
to the President in so far as it particularly characterizes
me, as follows: My
conclusion is that Judge Wickersham
is an able, honest and upright judge: that he
administers
justice promptly and firmly: that he possesses the
confidence of the people of his division: that his
long residence in western communities and his familiar
<page break>
-ity with mining laws and customs peculiarly
fit him for the position he holds; that he deserves
reappointment; and that the best interests of the
people
of the Third Division, - and of all Alaska for that
matter would be subserved by his continuance in office.
Clark kindly relates that the Atty. Genl. Knox and
Asst. Atty Genl Purdy as well as Asst {the} Solicitor
Genl.
Hoyt, also spoke well of me and adds: These
men are delighted with the outcome, and the
President
told me today how pleased he was. all of
which pleases me beyond expression.
Recd. a large number of congratulatory letters
also the information that the President removed
Richards for jury fixing and the Atty. Genl.
had telegraphed to Judge Moore to appoint his
successor pro tempore which was done promptly.
<page break>
- The Mills of the Gods grind slowly
- in the U.S. Marshals case, - but they grind.
The President has said that he would not have
appointed Gov. Brady again if the office had any power
&c. and the public intimation is given out that
if
Congress largely increases the powers of the office
a new and stronger man will be appointed -
Jarvis has been called to Washington and I
hope for the good of the territory it means him.
-13th -
Trial of Anna Paterson murder continued all
day Recd. from yesterdays mail my commission
ad interim, as judge to last until Senate shall
confirm or refuse. Signed by Moody, Atty. Genl.
and President Theodore
Roosevelt-
Anna Peterson not guilty she is guilty!
<page break>
-14th-
Trial of Dempsey v Endeavor Cong. Church.
-15th-
[written in right margin:]
Trial of Dempsey v Endeavor Cong. Church finished
jury found for the plaintiff in the sum of $2000.00
[newspaper clipping, line breaks disregarded:]
Appointments Held Up
Senate Committee Withhold Recommendation on Names
of Brady, Wickersham and Hoyt.
Washington, Dec. 15 On application of Bois
Penrose, a senator from Pennsylvania, the senate
committee has consented to hold up its recommendation
of the presidents appointment of Brady for governor
of Alaska, Wickersham for judge of Third division,
and Hoyt for district attorney of Second division.
Senator Porter J. McCumber, of North Dakota,
in addressing the committee, stated that Brady was
unpopular in Alaska, that Wickersham had been
unjust in his handling of the big Bonanza case, and
that Hoyt is opposed by the entire California delegation
on the ground that he is not a republican.
The matter of these appointments will remain
in the hands of the committee until the charges are
investigated.
Would Raise Salaries
In his message to congress the president
recommends that the salaries of the district judges of
Alaska be raised; that a new civil and criminal code
be enacted, and that bills be introduced and passed in
conformity with the recommendations in the attorney
generals report.
<page break>
-16th-
Santa Ana going south at 4 p.m-
Have instructed Heilig in writing to go home
to Eagle & discharge Mrs. H. Dec. 31st
Sent Debbie my photo as Christmas present.
Ansd. my mail up to date. Trying
the case of Raymond v Hemple
without jury-
-17th-
Tried case of Bankruptcy of Valdez
Brewing Co. & demurrer in 1st Nat. Bk of
Seattle v Fish today Bought a big
black work dog by the name
of Dan.
from a Mrs. Bickers from Cooks Inlet
- paid $40.00 for him.
<page break>
Sunday. 18th-
I feel discouraged and unhappy today
over the fact that it seems quite evident
that my enemies are intending to make
a vicious fight to prevent my confirmation
before the U.S. Senate. If I could be there
and fight it would be different but to
sit way off here in Alaska while a
pack of wolves liars (some of whom
owe me more than any other person for
even what they have eaten for four years).
gather there to misrepresent my motives
and actions is discouraging - The
Rampart Forum edited by J. B. Wingate
is now vilifying me like a fish wife.
<page break>
Took dinner with Mr & Mrs Clegg-
wrote an opinion in 1st Nat. Bk of Seattle,
vs. Oscar Fish-
-19th-
Opinion in First Nat. Bk v Fish & decision
in Stull v. White. Trial of A.C. Co. v Debney
- question service on foreign judgement.
Ostrander greatly surprised me today by offering
to deny as atty. for plaintiff, that there was any
thing wrong in the Copper case I think on
his suggestion I will test him, Harlan,
& Leedy & Kelsey, - Hubbard is beyond the
pale, but may conclude to give him a chance.
-20-
Have discharged all jurors but 2: trying
<page break>
equity cases intended to Sentence all
prisoners tomorrow but two of these
to be sentenced for felony have measles!
J. C. Martin appointed trustee of the
bankrupt Chittitee Development Co.
-21st-
Sentenced such prisoners as were not sick
this morning, as follows:
Chas. Johnson, Asst. with intent to Rape, 10 years.
Geo. Warner. Manslaughter; killing Albert Stoecker 15 yrs.
Fred Peterson,. Peter Peterson 15 yrs.
S. Gerasemoff P. L. Peterson 20 yrs.
M. Hayashida Ikeda, 20 yrs.
Jennie Raymond, Liquor without license, selling: $100. & costs
-22-
Doing but little in court today writing an
opinion in A.C. Co. v Debney nearly sick.
<page break>
-23rd-
The Portland came in today and I received
two letters from Debbie and one from Darrell. She
seems in better health and sent me three sizes
of her photograph as a Christmas present.
Bless her heart the pictures are good fine
and I am delighted to have them. She wails
about being parted from me by Alaskan office &
I feel that she is right it isnt worth it.
-24th-
Busy yet in trials also working on opinion.
-25th-
Sunday Christmas Day-
Nan Gave me two nice pillows I gave
her copies of my photograph. Windy &
stormy cold & cheerless - working
<page break>
in my office on opinion in Debney case.
Have asked Billy Berry & Nan to take dinner
with me at the restaurant.
-26th-
Nans Birthday! Began jury trial of U.
S. v. D. A. Wentworth for killing Patrick Kelly at
Sour Dough Flat, Unga Island. Many persons
coming out from Fairbanks for business reasons
all say trail is good, and conditions here satisfactory.
-27th-
Trial of U.S v Wentworth all day given to the
jury this evening at 10. tonight looks like a hung
jury. Wrote long letter to Debbie-
John Y. Ostrander has rounded up Harlan,
Gov. Leedy & himself & sent in strongest kind
of letters to the Atty. Genl. saying that charges
<page break>
made by Senator Penrose for Helm, et. al. that
unfair or improper action on my part occurred
in the Copper Cases {were false.} Ostrander, Harlan, &
Leedy & Kelsey appeared for the complaining
parties here and denounce their own clients.
Prepared my voucher for Dec. salary & sent out
-28th-
of Penrose statement that my opinion in
Copper Case was unfair. After two days
trial and day and night session jury in
U.S. v Wentworth disagreed & were discharged.
Tried civil suits today without jury. U.S v
Miller. pleaded guilty to assault, 6 mo. in jail.
tonight will go out on Portland. Sent
<page break>
$150.00 today to N.V. Hendricks, Williamsport
Ind. in full settlement of their {Mt. McKinley}
claim against me.
-29th-
Opinion in A.C. Co. v Debney in favor of
Debney. Began second jury trial of U.S v.
A. D. Wentworth, accused of manslaughter.
-30th-
U.S. v Wentwort 2nd day-
-31-
U.S. v Wentwork Not guilty-
Paid Nan $210.00 and took her vouchers for
salary due from Nov 14. to Dec. 31. inclusive
Act. for my own quarterly expenses made up
& ford. to Atty Genl. amount $239.10
<page break>
[january 1905]
January 1st 1905.
Sunday.
Did not get up till noon but still I slept
badly. As soon as I was up went down on street
with Bar Assoc. and walked behind the sled
hearse conveying Judge Thomas Humes body
to the Santa Clara at the dock- We paid our
last respects and it was taken aboard the
Santa Clara left the harbor at 1 oclock p.m.
for Seattle. With Mr. Harlan & Mr Perry
mad New Years Calls several ladies received
in spite of the fact that it was Sunday. Called
at Mrs. Cleggs, who was assisted by Mrs. Perry-
also at Mrs. Fishs who was assisted by Mrs & the
Misses Root, Mrs. Donahue & Mrs. Lyons-
<page break>
Mrs. Dates, assisted by Mrs. Debney Mrs Quinn
Miss Shiffer & Miss Wickersham, and Mrs Leedy
assisted by her daughter.
-Jany 2nd-
No jury trial Will now begin court cases.
Tried three small civil cases without jury-
A beautiful winter day we have had a
remarkably fine winter but little wind & bright
clear days very much as it is inside.
-3rd-
Hear argument on motion to continue for
term case of 1st Nt. Bk. v Fish, denied.
Also prepared opinion in Raymond, vs
Hemple for plaintiff usury.
-4th-
Heard the case of First Nat. Bk of Seattle
<page break>
vs Loomis, Fish, et. al. and rendered
judgment for plaintiff reserved opinion
on motion to dismiss attachment-
Port Arthur reported Fallen
Am pretty well through term hold court
now only in afternoons but am suffering
with insomnia and nervousness. Play
nine pins of evenings at Whites Bowling
Alley. It is a typical western resort,
miners with their wool shirts, fur caps
coats &c. sled dogs under foot Japs.
prostitutes, negros and every variety of
life seen in a mining camp with a
roulette wheel surrounded by a big crowd
& waiters passing drinks smoke &
general aroma of a western saloon.
<page break>
-7th-
Have had an easier time of it this week do
not get out of bed until noon I rest rest rest.
I was just about worn out and certainly needed
it. Have held court for an hour or two each afternoon
- can do all the work this week that way, - but today
adjourned until 10 am. Monday when I have
two important cases coming on which will
about wind up the term.
-8-
Beautiful day fine winter.
Capt. Geiger, Boone and others in today
from Fairbanks. They tell me that there has
been a strike on the Toclat the east fork
of the Kantishna river. They say the trail
is in fine condition.
<page break>
-9th-
We learn today that the Str. which we
expected tonight or tomorrow struck a
rock down near Juneau and returned to
Seattle. We wont have steamer now
for 10 days all witnesses, jurors &c from
westward unable to leave no mail
and it almost destroys the Fairbanks trail
- people here now for 10 days waiting must
wait 20 days while they can get out of
Skagaway every two or three days weekly
mails from & to Fairbanks but monthly here!
Damn such service it renders it impossible
to get word to Debbie so as to get her here before
March 1st probably it is a great dis
=appointment to me.
<page break>
-10th-
Am now trying case of Settlers v. Crary, being
contest between several hundred settlers on the
Valdez Mil. Res. against Crary who claims the
land by virtue of Soldiers Add. Hd. Scrip.
Oscar Fish has telegraphed charges of
unfairness against me to Senator Bard of
Cal. because I decided the case of 1st Nat.
Bk. of Seattle vs Loomis & Fish for the plaintiff.
The Senate seems to be ex officio a Court
of Appeals for all disappointed litigants.
Well, I have only one satisfaction I will
be judge as long as I remain here, in spite
of such efforts. Beautiful weather
Damn the boat! It ought to have been
here today but will not reach here now till 22.{no}
<page break>
-11th-
Trial Settlers v Crary finished taking
testimony tonight.
-12th-
Trial of U.S v Yoshida, a Japanese for the
murder of foreman at Karluk on July 4th, 1904.
Nothing about boats yet - & no news from the
East about confirmation or anything else.
Nan came up to see me a noon she is
having a friendly treaty of some kind with L p
and they are considering a question of marriage
- seemingly, although she is quite careful about
her statements. I suggested that old fools, &c. &c
whereat she laughed. If I had my way I would
provide a matrimonial committee in every community
& require all persons of legal age to marry or confine
them in workhouses single blessedness be damned!
<page break>
-13th-
Trial of U.S. v Yoshida sent to jury, but
they do not agree a plain case.
Blum, the banker, received telegram from Seattle
today saying that Jacob Firth had organized a
railroad scheme to build from Valdez to the interior.
Ryan seems to be formulating it which adds
to its picturesqueness but not to its financial back
=ing. Firth is able to do it he has the confidence
of Money and it ought to pay Still - !!
Recd. telegram last night from Fairbanks
asking for lay on my Wolf Creek mining
ground telegraphed Stier today declining
& advising to wait till I came over in Mch.
-14th-
U.S. v Yoshida verdict Guilty.
<page break>
-15-
Fairbanks mail in last night The Rampart
Forum is blackguarding me frightfully in every issue
- & sending copies to Washington to try to prevent
my confirmation another case of ingratitude
- As long as I kept Wingate, the editor in the
office of Dept. Clerk he was a friend, but as
soon as I could not do it longer on account
of removing the office to Fairbanks there is nothing
too vile for him to say my only reply is Silence
The bay is so calm, the water so cold, that
the fresh water on top and around the wharves
has frozen two or three inches deep and the boys
and girls are having a fine time skating
the ice is perfectly smooth. Had a most
delightful dinner with Chas. Simonstead.
<page break>
J. C. Martin and Dan Kain at their bachelor
quarters on Keystone Ave. tonight Mr. Harlan
was also present.
-16th-
[newspaper item, line breaks disregarded:]
Fairbanks, Jan. 14 A big stampede is on
to the Mt. McKinley country, where Judge
Wickersham staked in 1903, and also to some
of the creeks adjacent to the Kantishna river.
Anderson and Olson, two prospectors who have
have been in that region all winter, just returned
with almost five dollars worth of the dust found
by them there. They report a big deposit of the
pay and the gold they had was coarse. They got
pans from five to ten cents.
This seems to be a special dispatch from
Fairbanks: it may be that they have not
yet made a find of mineral in that
locality but it is there, I believe.
Trial U.S .v Uyeno, a Jap. charged with
Murder 2nd Degree.
<page break>
-17th-
Trial of U.S. v Uyeno, Japanese, for murder
at Karluk, ended with Verdict Manslaughter.
Nan Mrs & Mr Debney went out to Camp
Comfort on Sunday to the top of the
divide yesterday & back today. Weather
beautiful the finest winter I ever saw.
-18th-
U.S. v Komai another of the 20 Japanese
murder cases begun. Took dinner with
Gov. & Mrs. Leedy a mans dinner present
Holman, Harlan, Kelsey, Bowers, Dr. Strong,
Oklahoma Bill Hemple, the Gov. Jack & I.
Mrs. Leedy also sat at the table with us &
their two daughters waited on the table
Beautiful weather.
<page break>
-19th-
Case U.S. v Komai continued all day.
Telegram saying that the Str. Portland
left Sitka today at noon here about
Sunday. Oscar Fish got mad because I
decided a case against him & telegraphed
Senator Bard, of California, to prevent my
confirmation = His brother Jim, learning of
it also telegraphed Bard saying that
Oscars objection arose from a lost case &
that I was all right!! & thus the merry
war goes on. Hubbard, dep. Dist. Atty.
also goes out on the next boat to knock
and secure Judgeship for Harlan but, I
imagine, what is of more importance, the
Attyship for himself!
<page break>
-21st-
Four days spent in trial of U.S. v Komai, one
of the 20 Japs, indicted for the march of Kawa
=batta at Karluk Not guilty but he
was!. Clear day days getting longer
but today it is blowing a gale. No boat yet.
No news from Washington yet.
-22nd-
Sunday: The Str. Portland came in
at noon today letters from Debbie, and from
many persons about my confirmation. I now
learn that owing to expected opposition from Ankeny
the President appointed me from Alaska and not
from the State of Washington this prevents Ankeny
from objecting on that account, and leaves him
with no personal grievance = It seems that
<page break>
the President has taken a strong stand in my
favor that Judge Day and the Attorney General
& others are keeping him thoroughly posted, and that he
is so determined about it, that, knowing Senator
Ankenys opposition he has made it a personal
appointment. Ivey, and others of the Richards
faction are in Washington slandering me as far
as language will permit. The Helm Copper
Case interests are represented by Senator Penrose
from Penn: Also received a letter from McLain
of the Minn. Journal saying that he would
at once write to Nelson, - but he thinks him
very obstinate and does not promise anything.
Also letters from Foster and Sammons the latter
thinks things are serious but will eventually
pull through Fairbanks will assist also.
<page break>
-23rd-
Passed sentence today up Yoshida
and Uyeno (wāno), two Japanese convicted
for killing their foreman, also a Japanese, at
the Karluk cannery on July 4, 1904. The
first one named shot the victim at night
while he lay wounded and helpless in
his bed: the second aided and assisted and
himself assaulted and beat him with a lead
bar. They killed him (Kawabatta) to escape
the payment of their gambling obligations in
the sum of about $100.00 each. Yoshida was
sentenced to 30 years in the penitentiary (the
jury found him guilty of Murder 2nd Degree) and the
other (found guilty of Manslaughter) was sentenced
to 20 years in the penitentiary. Technically
<page break>
both are guilty of murder in the first degree.
I had all the Japanese (25 or more) brought into
the court room and explained everything to them
through interpreters. This makes eight per
=sons convicted at this term, from different personspoints
along the coast, for killing other people, and all
have received sentences of from 15 to 30 years.
It ought to stop promiscuous murder out that
way At least five of these persons ought to
have been convicted for murder in the first degree
and hanged but they were only indicted for
second degree, or were allowed by the district
attorney to plead guilty to that degree. It may
be better as it is for if the effect is public
safety out among the islands the good is accom
=plished without taking human life at which
I cannot help but shudder, even if done by law.
<page break>
-25th-
Henderson received a telegram from Senator
Fairbanks saying I believe the Judge will be confirmed.
- but this has a ring of doubt which accords with
my own fears still the President, the Atty. Genl.
& Judge Day & Jarvis are working for me-
-27th-
The Str. Santa Ana came in this morning
Letter from Debbie she does not want to come
& go to Fairbanks with me I am greatly disappointed.
A meeting of the bar association of Valdez was
held yesterday Hubbard seems to have run it & they
requested me to telegraph approval of District Div
ision Bill to Washington but both Perry & I
refused. I am not anxious to meddle in that
matter again nor to help Hubbard get a better job.
<page break>
About 75 people in on the Santa Ana
going to Fairbanks a fine day the sun is
getting higher each day, and will soon be above the
range of mountains south of Valdez. Trail fine.
Intend to dismiss all the criminal cases
against the remaining 20 Japs also the
two remaining trial jurors. Court is ended,
except some opinions to be prepared in civil cases.
Piles Elected Senator.
Recd telegram this evening from Senator
Foster asking for appointment of Lee Van
Slyke and S. A. Crandall as commiss
=ioners as per my promise of December
& also informed me that Piles was elected
senator. Answered that I would make
the appointments Mch 1st. Also telegram
<page break>
from Foster saying:
Have insisted on personal hearing before
committee on Judiciary. Have wired Judge Day
fully. Have no doubt of favorable result.
I am sorry that he is beaten but Piles is
the abler man for Senator. I also telegraphed
Judge Day, Washington, tonight.
Last March filed with Attorney General letters
signed White, Allyn, Ronald, Piles. See and
file Senate Committee if necessary.
Also received kind letter from Cushman dated
Dec. 13, assuring me of high standing with the
President & Administration.
-28th-
Received another telegram from Foster
this morning as follows: Unless judiciary
<page break>
committee of Senate decides
it unnecessary
believe it advisable you to
go to Washington city
immediately. Participation Chinese riots now
made one of charges. Understand steamer leaves
there first. Reelection Carter from Montana
causes your opponents far
more confident.
Sammon leaves for Washington
immediately
He expects to hear from you
relative matter you
spoke to him about going
Alaska. Write him.
This latter clause means
that Sammons wants
a job in Alaska wonder if
he would make a
good clerk? Will at least make him a
commissioner. Evidently they are doing things
at Washington but I shall
decline to go
there unless order or
request comes from the
President, or some one in authority.
<page break>
-30th-
The Str Santa Clara came in this morning
with about 75 passengers. Recd. letter from
Debbie she had another cold and consequently
a bad day and has another Charlie Joynt-off
-on-the-mountain theory that she ought not to follow
me. Think she wont come & go with me to Fair
=banks= Damn it. MR. C. A. Giffen
partner of Mr. Leland, whom I knew at Nome
came to see me letters of introduction from Leland
& Walter Soderberg He is going to Fairbanks has a
half interest in 14 below on Cleary. Says Mrs. Leland
wants to hear from Mrs. Wickersham & have written
Debbie Nothing today from Washington but
I see that Judge Day went before the Senate Com.
on Jany 20, & strongly supported me.
<page break>
-31st-
Very flattering reports continue to reach us from
Fairbanks of the richness of the mines. Judge Arthur
K. Delaney died last week at Paso Robles Springs
Cal. & was buried in Whatcom, Wash.
John Y. Ostrander brought me a letter from Sen.
Fulton of Oregon, in answer to one to him from Os-
=trander: Says he is favorable but nothing more.
Just completed opinion in The Revenue Min. Co. v
Balderston case water rights at Capt Yaktag,
sustain plaintiffs claims.
[february 1905]
-Febry 1.-
The streets of Valdez are active people are
loading sleds, training dogs, buying outfits
&c. and all with their gaze fixed on the summits
leading toward Fairbanks - & Fortune.
<page break>
-Febry. 2nd
I have been seriously considering the appointment
of Frank J. Kinghorn as Clerk of my court
vice Heilig to be removed Spoke to Perry about
it yesterday & asked him to talk around & see
what he could find out among others he spoke
to a woman - & like a flash out of a clear sky
she told him that Mrs had been a keeper
of a sporting house in Dawson = Big Irene
& the social side the women vetoed it. Too
bad for he is just the I have been looking
for but I would never hear the end of it.
Santa Ana went out for Seattle today Santa
Clara goes tomorrow with Perry & prisoners.
-4th-
Geo. M. Esterly received a telegram from
<page break>
Walter E. Clarke, Washington, D.C.
on yesterday, saying:
Lacy still
firm against division. Possibly no
vote on Judge, recess appointment.
I gather from this that my confirmation
may not be acted upon until the meeting
of the special or next regular Congress- Also
the telegraphic dispatches today say that
Attorney for the State of Washington in May
when Fryes term expires. This means
that both Ankeny and Piles will endorse
him, - but what about Wilson & the P.I.
and Perkins & his papers! Wont they
have a Killkenny time of it in Seattle
& Washington with the Postoffice & Sullivan scraps.
<page break>
Took dinner with Henderson = present
Harlan & Ed. Geoghegan, Bob. Coles,
Clegg, Holman, Lyons, & I. = it was
Hendersons 50th Birthday-
-6th-
Have completed my opinion in the
case of Gavigan v. Crary, involving
title to townsite property alongside {& west} of
Valdez on the abandoned military reservation
Am to take dinner with Holman tonight.
[newspaper article, line breaks disregarded:]
Foster Blames Ankeny
Washington, Feb. 5 Senators
Ankeny and Foster are not on speaking terms
now. Foster blames Ankeny for his defeat
by Piles, and a bitter personal feud is result.
I told you so! Poor Tacoma
she is a mere appanage to Seattle now.
<page break>
8th-
It now begins to look as if my enemies
would succeed in preventing my confirmation
at this session of the Senate, - possibly altogether.
Ankeny, from Washington, through John Forbes offered
me $5,000. to vote for him for Senator 6 years ago when
I was conducting Fosters fight I called him a
son of a bitch and other things; Sullivan who
packed the jury at Nome with Richards is Piles
manager & is to be Dist. Attorney of Washington
- so that Washington State Senators oppose me
Senator Heyburn, of Idaho, was the principal
attorney for Helm in the Copper cases, which I decided
against them Heyburns fees depended upon his
success in that case - & were very large he has
been against me since that time & opposes me.
<page break>
Senator Carter, of Montana is represented
in Nome by two brothers in law. Galen is Richards
deputy and is one of the Nome contingent who
signed the charges against me Galen was a
Com. at Kongarock - & I removed him. Lang
owned the jail at Nome, & Richards paid him
$3600. per annum rent I reported to the Dept.
that it could be built for $1,800. & the rent was
reduced to that sum per annum Carter
will, of necessity, be against me, though he told
me in Octo- that I ought to be reapppointed.
Senators Hansborough & McCumber of North
Dakota, are the creatures of Alex. McKenzie
who is yet so sore over his Nome experiences
with which he associates me that they are leading
the opposition to me Every Northern Pacific
<page break>
influence from Seattle to St Paul is against
me - & without the President shall conclude
to make a personal matter out of it I cannot
succeed To date the President, Attorney
General Moody, Judge Day, Walter E. Clark,
Capt. Jarvis, Senator Fairbanks & other powerful
influences have made my fight but there
is no earthly reason why they shall continue
to do so and the opposing interests will be
stubborn & assisted by such notorious
liars as Ivey, McKenzie, Rustgard et. al.
they can certainly prejudice Senators against
one since I can have no personal hearing.
I shall, probably, not resist, but accept what
comes with reasonable grace & in the meantime
prepare to make my home & business in Alaska.
<page break>
Evening telegrams announce
that Perry was reappointed U.S. Marshal
on yesterday I am glad of it for he has
been more openly loyal and friendly to
me than any of the other officials. I got
out of patience with him about Edgar, but
otherwise & always officially we have got along.
Miss Florence
E. Root & Mr. Arthur H.
McNeer, are to be married tonight at the
Episcopal Church. Arthur is a splendid
young fellow a miner, a rustler hunter
and a mountain climber. Sent them a present.
Bonbon dish silver gold lined, with enameled spoon.
Nan is having
one of her crazy {despondent} fits & have
just been over to see her she will go home on the
return trip of the mountain steamer.
<page break>
Friday Febry. 10
Recd. a Friday telegram from Debbie this morning
I am not coming to Alaska until June.
I am greatly disappointed it is 3 ½ years
now since she left me with Howard both
in good health and happy it seems to me
a century & as if I were transported to another
world. I will be at least 4 years of discomfort.
Yesterdays dispatches say that Ankeny &
Foster have endorsed Richards, from Nome for
consul General to Yokohama!! They are
evidently trying to down me & rehabilitate both
Sullivan, as Dist. Atty. & Richards in this office!
Will the President so stultify himself?
Str. Santa Ana just whistling at Ft.
Liscum: Telegram from Atty. Genl. saying
<page break>
that Act of Congress of Jany
27. goes
into effect immediately it
takes all our
court fund. No confirmation
& no money.
Had Dr. Boyle, James Fish,
Jr. & Rev. C. F.
Taylor, Episcopal minister
to dinner with me
tonight at wikedels.
-11th-
Nothing in mail yesterday
Letter from Debbie
but says nothing she
determined not to come
& go into Fairbanks, on account of the publication
in the Seattle papers of a
story of a great blizzard
which was said to have raged
over the Tanana
the latter part of last
month every body dead
in snowdrifts &c.
&c. a horrible story but
wholly untrue! Sorry she will not take my
word for anything both weather & trails in the
<page break>
Tanana have never been known to be as good
as they were in January! I am greatly
disappointed because she refuses to come-
Have been sending telegrams today to Attorney
General about conditions of court finances
since passage of Nelson road bill. It leaves
us in bad shape. Nan
quits work in the
clerks office tonight. Sent a telegram
to Walter E. Clarke, Wash. D.C. asking
Is executive influence
{confidence} waning. Telegraph
situation. Start for Fairbanks eighteenth.
Permitted myself to be coaxed into going to
card party at Mr & Mrs. George M. Esterlys
- large crowd present stupid.
-13th-
In answer to my telegram of Saturday Walter
<page break>
E. Clark says Confidence unshaken
Platt wont allow rejection without
hearing.
If unconfirmed expect recess appointment.
Knox will help earnestly. Walter E. Clarke.
They are now trying pass amendment to
Alaska bill providing that no judge shall
hold mining ground. Dinner tonight
with Joe. Derringer: present Mr. & Mrs Debney
Mr & Mrs. Clegg, Nan, Judge Harlan, Ed, Hender
son, I & Derringer = At Mrs. Alens restaurant.
A Clam dinner.
-14th-
Paid Rob. Coles $100.00 on account trip to
Fairbanks. Telegraphed Heilig to go to Fair
=banks at once with records & files. Also
to Steir to have my house vacant by Mch 1st
<page break>
-15th-
On Dec. 5, {1904} I wrote Harlan, Dist. Atty.
a letter calling his attention to Whittleseys
shortage as Comr. at Kayak Harlan
has recently given the letter to Whittlesey
though it was a distinctly confidential com
-munication about the management of that
public business under our charge and now
Whittlesey is organizing a war on me & is
sending charges &c. to Washington I
shall now decline to have any further
relations with Harlan he is a damned old
backbiter & traitor and I shall present
the matter to the department and notify them
of his crooked action with both Hubbard
& Whittlesey & his efforts to cripple me -
<page break>
-16th-
Nan has gone home thank God!
The Str. Excelsior left here today at 11 a.m.
My letter to Debbie was short
My darling wife
Damn it.
Your loving husband.
A brutal letter but I was so dis-
appointed then Nan is going down on same boat & will
give her all the News. Fraid I am getting cross & cranky
though, of course, this was, and she will understand it a joke.
Dinner last night Gov. Leedy, Goodell &
Rotchford
Most beautiful winter I ever saw any where.
-17th-
Northern Hotel, Valdez, burned. Heilig got
away from Eagle to Fairbanks today. Am
preparing Findings of Fact & Conclusions of Law
in Gavigan & Crary Heard injunction case
yesterday Bergstrom v Alaska
Cent. Ry. to
restrain Ry. Co. from taking timber from Hd. to build
road.
-19th-
The Santa Clara came in this morning
<page break>
I received a letter from Debbie a nice
good clean letter just like here nothing else
in the way of mail. The P.I. has a statement
from Walter E. Clarke saying that I will
not be confirmed but that no action at
all will be taken - & that I will be reappointed.
Gen. E. M. Carr of Seattle is on board going to
Fairbanks He is a lawyer & I just wonder if he
is to take Humes place in the effort to oust me?
It now seems certain that I will not be
confirmed at least this session whether
the President will think it advisable to reap
=point me for another recess term I doubt
- I may have to be content with the
findings of Judge Days report & the
approval of the President - & quit.
<page break>
Besides the personal friendship and
support of Judge Day, Senator Fairbanks
the Atty. Genl. & even the President I have
been publicly sustained & reappointed
the Senate has been persuaded by my enemies
- what more can I do?
-Febry. 20th-
Court today for the last day in Valdez.
Dinner tonight with Al. White &
seven other gentlemen the trail tomorrow
Sent to Fairbanks by mail opinions in
cases. Rev. Min. Co. v Balderston. Seitter
v Alas. Treadwell Co: U.S. v Myers (Brown).
Windmuller v. Clarkson: Copper Riv.
Min. Co. v McClellan: Lumber Co. v
Humphrey: In re Nat. John Minook:
<page break>
Alaska Com. Co. v Debney (2 opinions).
Barnette v Freeman: Marks. v Shoup,
& U.S. v Roth.
Feb. 20th 1905
See next Book.
<page break>
[inside back cover]
Nov. 21, 1904.
Checks on hand:
Cleggs Canadian B. of C. 50.00
Salary July Aug. 30, 1904 416.66
August Oct. 31, 416.67
Expense October. 27. 345.00
1228.33
Nov. 22 Cashed Cleggs check
- 50
$1178.33
Alaska State Library - Historical
Collections, PO Box 110571, Juneau AK 99811-0571
mailto:ASL.Historical@eed.state.ak.
http://library.alaska.gov/hist/fulltext/ASL-MS0107-Diary08-1904-1905.htm