Show BIS PETITION DENIED Court of Appeals Refuses NOyes Stay of Proceedings L i WHAT AFFIDAVIT SET FORTH Ninety Days at Least Six Montho if Possible Continuance Asked for to Give Opportunity to Secure Certain J Witnesses and Depositions Necessary Neces-sary to Establish tho Innocence of Accused Attorney for Respondents Also Desired Certain Portions of Evidence Stricken Out t San Francisco Nov IS Attorney Fran da llcnoy ou behalf of hla clients Judge Arthur B Noycs ct a1 presented an affidavit affi-davit to tho Court of Appeals asking that a continuance bo granted for tho purpose of allowing the respondents ah opportunity opportu-nity to secure certain witness and dopo nltlons necessary to catablloh thu Innocence Inno-cence of the accused Tho attorney for the respondents also asked the court to Etrlko out certain portlonii of the evidence i evi-dence and made a motion to that effect as tho evldrnco was not of such a nature i ac to bo countenanced In a contempt proceeding pro-ceeding Following this Attorney llenoy asked that all evidence tending to establish a conspiracy be stricken out ns tho existence exis-tence of a conspiracy between Noycs and McKenzIo to defraud certain claimhold + ers In the vicinity df Nomo had not been proved In the affidavit Judge Noycs makes a formal denial of each allocation that has been made against him t oycs asked for at least ninety days time and six months If possible In which to make his final presentation Among those he wishes to cooperato with him arc B R Bceman now In Minneapolis Aldxamjnr McKcnsie at present in St Paul and Archlo T Wheeler living in Minneapolis The witness wit-ness Chlpps who testified against the Judge from Alaska was declared to bo unworthy of belief he having sold out It was charged to those opposing the Judge for OW forAt the conclusion of the readingof the affidavit United States District Attorney AVood and Thomas J Crcary late attorney attor-ney for Alexander McKenzie stated that they did not loin In the petition Tor a stay of proceedings At tho afternoon session the continuance contin-uance uskcd for by the defendants wan refused The attorneys then resumed their arguments which had not been concluded con-cluded at the time of adjournment |