d 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.

Judge Ross in his concurring opinion says:

"I am of the opinion that the records and evidence in the cases show
beyond any reasonable doubt that the circumstances under which and the
purposes for which each of those persons committed the contempt alleged
and so found were far graver than is indicated in the opinion of the
court, and that the punishment awarded by the court is wholly inadequate
to the gravity of the offenses. I think the records and evidence show
very clearly that the contempts of Judge Noyes and Frost were committed
in pursuance of a corrupt conspiracy with Alexander McKenzie and with
others, not before the court and therefore not necessary to be named, by
which the properties involved in the suits mentioned in the opinion,
among other properties, were to be wrongfully taken, under the forms of
law, from the possession of those engaged in mining them, and the
proceeds thereof appropriated by the conspirators. For those shocking
offenses it is apparent that no punishment that can be lawfully imposed
in a contempt proceeding is adequate. But a reasonable imprisonment may
be here imposed, and I am of the opinion that, in the case of the
respondent Arthur H. Noyes, a judgment of imprisonment in a county jail
for the period of eighteen months should be imposed, and in the case of
Frost a like imprisonment of fifteen months.... I think Wood should be
imprisoned for ten months....