"News of oAnierica’s Last Frontier ’
VOL. 15, NO. 34
KODIAK, ALASKA. OCTOBER 22, 1955
"PRICE 10 CENTS
Jury Awards Defendant
In Boat Damage Trial
A jury of twelve rendered jud
gement against Emmet Jennings,
who sought payment on a promis
sory note for certain damage to
his boat, the Helen W, which
Mathey Fitzgerald had used in
1954, and which had been damaged
in an explosion. Attorney John
Mansuy acted for the plaintiff.
The case was tried before the
District Court in special session at
Kodiak. Jennings sued for $1500.
Testimony brought out in District
Court revealed an involved case
of loaning a boat, the loaner to get
marine insurance, and possible
purchase of boat at a later date.
Fitzgerald’s testimony brought out
his expenditure of ovef- $2000 in
readying the boat for use in his
salvaging operation from Danger
Bay to Kodiak.
Fitzgerald’s counsel, Russell E.
Arnett of Anchorage, stressed the
fact that the note was signed un
der duress. It was brought out
that the defendant was knocked
down by Walter French for alleged
non-payment of moneys owed an
other party for which the latter
was collecting. French was involv
ed with Jennings at. the time, and
the latter was said to make the
statement that he would see that
“Frenchy” would get him if he did
not pay up.
The trial lasted all day Thursday
and a verdict against Jennings was
rendered Friday morning. Mem
bers of the jury were Zora Wilson,
George Panamaroff, Isabel Pinnell,
Stanley Alvine, Sadie Rhoades,
Clarence King, Ray Wood, Mrs.
Doug Lohse, Helen Beukers, Pete
Ramaglia, J. W. Ware and Dorothy
Clark.
The above case was only one of
many heard before Judge J. L. Mc
Carrey, Jr. during the term of
Court held here this week.
Following is a summary of cases
tried and action taken: Jimmie
Drew Lockhart, plaintiff, vs. Thur
ston T. Jackson, defendent, case
dismissed; Nellie Naomi Griffin,
plaintiff vs. Thomas E. Griffin, de
fendant, case dismissed; Mary Nor
ris Shirley, plaintiff vs. James E.
Shirley, decree granted; Jon F.
Beverage, plaintiff vs. Pauline An
nette Beverage, defendant, decree
granted; Teddy Malone, plaintiff,
vs. Theodore Malone, defendant,
decree granted.
The following cases were con
tinued over: Julia McLaughlin,
plaintiff vs* Stanley McLaughlin,
defendant; Raymond Russell Mc
Clure, plaintiff vs. Vivian Mae Mc
Clure, defendant and C. L. Higbee
and Evelyn R. Higbee, plaintiffs
vs. Kodiak Transit Company, de
fendant.
Judgements were awarded the
plaintiffs in the two following
cases: John F. Sautner, plaintiff
vs; Clem Pilip of Pilip Paint Co.,
defendant and United States of
America, plaintiff vs. Certain Land
in Kodiak Recording Precinct, de
fendant.
The case of Dorothy S. Ander
son, plaintiff, vs. A. J. Cichoski &
Ann Cichoski, defendants, was dis
missed.
Several minor civil cases came
before the court. One, the U. S. vs.
George Alexander, the latter re
ceiving a 60 day suspended, as did
Mike B. Williams, Isabell Ver
gene Preston, who appealed the
City magistrates conviction earlier
for drunken driving, was senten
ced to ten days, which was suspen
ded. A fine of $200 was levied,
which is to be paid in 30 days. Her
drivers license was revoked for
30 days.
The court convened at 3 p. m.
Monday until Friday morning
when the jury reported its vedict
in the Jennings-Fitzgerald case.
Old Harbor Pair
in Boat Tragedy
From the village of Old Harbor
comes the news of a sea tragedy
which has claimed the lives of two
young people of that village. Ella
Agnot and Bill Hansen apparently
were drowned Sunday when their
skiff struck a rock and submerged.
The young people had been on
a berry picking trip near Port
Hobron and had departed for
home approximately five thirty on
Sunday afternoon to return to the
village. When they failed to appear
a searching party was formed and
the body of Ella Agnot and the
skiff were located on the beach on
Tuesday, near Amy Bay, not far
from Old Harbor. The body of
Bill Hansen was located in shallow
water not far away.
Mrs. Agnot is survived by three
children. She was expecting her
fourth child. Bill Hansen is surviv
ed by his father, Durbin Hansen,
a nationally recognized ski jumper
from Norway, who is now a patient
at Providence Hospital in Anchor
age. The elder Hansen had both
legs amputated a few years ago
after suffering severe frost bite.
Bill is also survived by his brother
Alfred of Old Harbor and a sister
in Ketchikan.
The Air Department from the
Kodiak Naval Station had institut
ed proceedings to join the search,
but cancelled their plans when
notified the bodies had been found.
Delegates Elected
To Demo Conclave
A joint Democratic caucus for
the three precincts in this area met
on October 18 at the Elks Club and
elected 17 delegates to attend the
Third Division’s Democratic Con
vention to be held in Anchorage on
October 28 and 29.
The caucus, which was presided
over by Bud Metzgar elected the
following as delegates:
From the Kodiak precinct, Buck
Holyman, Louis Thomas, John Ma
lutin, Henry Hague, Anna Mae
Vokecek, Jay Tolbert, Claudia Kil
gore, Christine Tolbert, Marian
Fitzgerald, Herbert Speigel and
John Gibbons.
Harold Stover, Ed Parker, Tiny
Cicoski, Jim O’Reilly were elec
ted as delegates to represent Mis
sion Road democrats. From the
Naval Base delegates elected were
John Waller and Jules Radinsky.
The Kodiak Island Area Demo
cratic Club’s meeting was held im
mediately following. It was opened
by the president, Jim Loan.
Mrs. Flora Spiegel resigned as
Secretary. Another vacancy which
was created with the resignation of
John Waller as Treasurer, was fill
ed with the election of Anna Mae
Vokacek to that position. Mrs.
Rosemary O’Reilly was elected Sec
retary.
The next regular meeting will
be held November 15 at the Elks
Hall.
Retired Army Officers
Roster Being Prepared
Retired Army officers residing
in the Territory have been invited
by Major General James F. Collins
commanding general, United
States Army, Alaska, to submit
their names to his headquarters for
preparation of an anticipated quar
terly roster which will be distri
buted to them for their informa
tion and personal use.
Retired commissioned personnel
are asked to submit their name,
rank, service number and home ad
dress as soon as possible to the Ad
jutant General, Headquarters,
United States Army, Alaska, Fort
Richardson, Alaska.
Citizenship Ceremony
Without New Citizens
A unique ceremony was enacted
at the Naturalization proceedings
held at the Elks Club during the
session of District Court, Tuesday
afternoon. The Elks Lodge, VFW,
American Legion and National
Guard combined to present a pro
gram honoring new’ citizens.
It was unique in that no candi
dates for naturalization were pres
ent. Due to lack of notification in
time, the program proceeded des
pite the fact the one candidate was
not able to bq present.
Commander James Grant of the
Naval Station, gave the principal
address. He directed his remarks
to the need for organization in
civilization, not to destroy but to
assist each other. He contrasted
this country’s governing structure
which gives to its citizens the right
to possess, to own and to create,
to that of other countries not en
joying these privileges. “As long
as people exercise their right to
vote, there should never be a mili
tary government in the United
States,” he asserted.
Nancy Templeton gave a short
speech in which she evaluated the
American way of life, its oppor
tunities to the young people and
the citizens of the United States.
Judge McCarrey concluded the
speaking part of the program with
remarks as to the freedom we en
joy in America, and as residents
of Alaska. He lauded the jury sys
tem. “I have seen a jury come up
with the right verdict many a
time,” he said. “On the whole it
can be depended upon to furnish
justice and equity.”
“Take away the ballot box,” the
jurist said, “and we are on the
road to regression.”
John Gibbons was master of
ceremonies. The Navy band under
the baton of Chief Paul Jevne in
terspersed the program with ap
propriate selections.
Schott At Conference
Ivar Schott, Superintendent of
Schools for Kodiak, returned from
Anchorage Wednesday, where he
attended a Territorial School Ad
ministrators meeting.
Schott also attended the pre
White House Conference on Edu
cation held at Anchorage.
District Court Judges Life Busy
The District Court of the Third
Division has already been noted
for the number of cases that ap
pear before it during the course
of a year. To make it more clear,
a study should be made of criminal
and civil suits that appear on its
docket in the course of the year,
and the number of cases disposed
of.
It has always been said the
wheels of justice move slowly, but
in many cases this is not the truth.
In 1953 civil cases filed were 1127.
Cases disposed of 676. In 1954 cases
filed were 1113, cases closed 893.
So far this year 835 cases were fil
ed with the Court. 713 of them
have already been closed. Thus it
is apparent, almost as many cases
have already been closed up to
August 31 this year, as the entire
year 1954.
Criminal cases filed in 1953 to
taled 119; 1954, 237. Cases closed
in those two periods were as fol
lows: Including cases pending at
the beginning of the month, in
1953, 163 cases were closed. 1954
there were 245 cases closed. So far
this year 103 cases were filed. In
cluding pending cases, 133 are clos
ed up to August 31, 1955.
Judge J. L. McCarrey, the pre
sent presiding judge, who has been
in Kodiak the past week, has had
a busy schedule since assuming
the bench in October of 1953. From
that time to August 31 of this year,
some of the work he has done may
be gleaned from the following re
port: Since October 16,1953, to and
including August 31, 1955 Court
was in session 427 days, with an
average daily court session of 5.274 '
hours,
The Judge heard 447 pleas, 62
trials by jury, 660 trials by Court,
655 hearings (on motions, orders
to show cause, liquoh applications,
etc.), 272 criminal judgements, 493
“divorce decrees, 336 civil judge
ments, 301 person^ naturalized, 17
new bankruptcy cases opened, 18
bankruptcy cases closed, 226 Held
to Answer cases filed, and other
cases.
The Judge states he enjoys the
work, despite the load. In his tra
vels throughout the territory, he
has met many interesting people,
who have been very cooperative
and friendly.
Annexation
By Election
The City will broaden its boun
daries to include the area north of
the present limits if it is the wish
es of the residents in a special
election which may be held in
January of next year.
Judge McCarrey ruled in favor
of the petition to annex. It was
signed by residents of the area in
question. He found the proof suf
ficient and since it was not attack
ed, he directed Counsel for the
City to submit an order for an elec
tion in accordance with the peti
tion.
H. F. MacDonald spoke in disfa
vor of the annexation, but was over
ruled in his arguments by the City
Attorney, Russ Arnett. The attor
ney asked him why he was opposed
to almost every act of the City in
the past. MacDonald’s replied, a
survey was made of the Kodiak
area and it was determined the I.
Q. of the average resident was that
of a sixth grader. “You mean then,
you are a champion of the ignor
ant?” he was asked by the attor
ney. MacDonald’s reply was ini the
affirmative. This brought a laugh
from those present.
Eldon Foster, another resident
of the area to be annexed also
spoke in disfavor of the move. He
stated he had already made con
siderable improvements to his own
place, and had put in a water sys
tem. The move would mean that
the city’s water system would be
competitive.
Judge McCarrey, however, ruled
in favor of annexation, which will
embrace all properties on Mission
Road as far as the U. S. Commis
sioers office.
Decision Rendered
In Cache Lifting
Jack Lee of Kodiak was awarded
a judgement against A. J. Cichos
ki, also of Kodiak. He accused the
latter of removing his provisions
and certairi other prospecting sup
plies, .including a drum of. fuel
from his cache at Wide Bay.
According to the testimony the
incident occurred in the summer
of 1953. Cichoski admitted taking
the supplies aboard his boat. These
had been removed from Lee’s ca
bin by a member of Cichoski’s bat.
Lee was awarded the sum of
$278.89 which, represented the cost
of the supplies, and costs in secur
ing judgement.
Cicoski indicated he will appeal.
Cessnas On Long Trip 'J
Dennis and Earl Cessna depart- *
ed for a lengthy trip which will
take them to Germany and the
European continent.
They will sail from New York
in a few weeks, and will spend Sev
eral weeks in Germany.
They plan to visit relatives in
the States before departing for
Europe, and stopping over in Se
attle for medical attention. They
plan to return to Kodiak in about
a year. »