Two petitions--one from the general public, the other from the lawyers--were sent to the President seeking the removal of Judge Noyes and the appointment of a suitable man in his stead. The latter petition, signed almost universally by the bar, characterizes Judge Noyes as "weak," "vacillating," "dilatory," "careless," "negligent," "partial," and "absolutely incompetent." It should carry additional weight by reason of the moderation of its language. In September, having received his instructions through Attorney-General Knox, Judge Wickersham, of the Third Judicial Division of Alaska, opened a term of court during the interregnum period; and, having entered upon his duties with ability and despatch, soon gained the confidence of the community by a number of prompt, clear-cut decisions.
The United States Circuit Court of Appeals, on the sixth day of January, 1902, filed its opinion and judgment in the contempt cases of Arthur H. Noyes, C.A.S. Frost, Thomas J. Geary, and Joseph K. Wood. The opinion of the court was delivered by Judge Gilbert, and there are concurring opinions by Judges Ross and Morrow, which, however, are stronger and more severe in their expressions than the prevailing opinion.
After reviewing the history of the proceedings which have heretofore been set forth, and commenting upon the further evidence received on the trial, Judge Noyes is adjudged guilty of contempt of court in that he not only refused to compel McKenzie to obey the writs, but, on the other hand, made orders which prevented their enforcement. In view of the fact that he holds a public office, Noyes's sentence consists of a mere fine of one thousand dollars. As to Geary, the lawyer, the court states that there is not sufficient evidence to convince it beyond a reasonable doubt that he was guilty of contempt, and the charge against him is dismissed. Wood, the district attorney, is adjudged guilty, and is sentenced to four months' imprisonment in the county jail of Alameda County, California. Frost, the special agent from the Department of Justice, who (as the evidence discloses), soon after his arrival at Nome, became an assistant district attorney, and, later, Judge Noyes's private secretary, and who spent government money in behalf of the conspirators, is likewise found guilty of contempt of court, and is sentenced to imprisonment for twelve months in the county jail.