EPUTY MARSHAL
OF 4TH.DIVISION
SHOOTS A MAN
District Attorney Erwin, in a letter to the Fairbanks News-Miner
•s the government side of the killing of John Bernard, a former
ineer on the Alaska Railroad, bv Deputy Marsha! Hagen. The letter
“A telephone message was received by the District Attorney’s office
1 H. E. Seneff. at McKinley Park station about four o’clock on the
moon of Thursday September 13th, stating that in making an arrest
an by the name of John Bernard had been shot and killed. Arrange
ts were immediately made for a speeder, and 1*. S. Attorney Erwin,
dal Assistant Collins, Deputy Marshal J. J. Buckley, and Dr. J A.
terland left for the scene of the shooting at six o'clock p. m. Capt.
Donovan, Commissioner and Coroner at Hoaly was picked up cnr*>ute, |
the party arrived at the scene about three o'clock on the morning
ie 14th. In the interim, deputies Seneff and James Hagan rema ned
he scene of the shooting in charge of the other parties found there
to maintain the conditions as they were at the time of the shooting
kroner's jury was summoned for 8:00 o'clock Friday morning. Jury
officers met at the cabin of Michael J. Sullivan at Mile 345. and pro
ud from there about a mile and a half up a little gulch to where the
ting occurred, investigating conditions there, and th ■ body was then
ed out to the Sullivan cabin and testimony was taken.
The Coroner's jury consisted of George Bok, Roy Cornelius. W. H.
.’utt, Howard Dick, Paul A. Moore, and .J. S. Pieros, only one of whom
acquainted with the other parties implicated.
From the testimony it appears that Seneff and Hagen were in the
ity looking for an illicit still reported to exist in that locality,, and
come down near the railroad after making an unsuccessful search,
teaching a point in the neighborhood of the Sullivan cabin, they
ed smoke up in th • hills, and Seneff reached the conclusion that
was the location of the plant, and the two deputies went there to
.tigate. They found three men there, only one of whom (Michael
lilivan) either of them recognized *t first. It was later found that
ather two men were Albert Fortier, commonly known as ‘•Hootch”
rt and John Bernard. Sullivan and Fortier were some distance from
e the still was in operation in full blast, and Bernard was sitting
ie still and attending to it. Upon observing this condition, the depu
called for the men to stand where they were and throw up their
s. Sullivan obeyed the command; T^ortier. who was lying down in
,te of extreme intoxication and evidently unable to appreciate what
accuring. laid where he was; hut the man at the still jumped up and
Both deputies testified that they had heard threats *o the effect
if any deputy came into that country they would not get out alive, _
-oncluded the fleeing man was making for his rifle; they again corn
led halt, and after the man had run fifteen or twenty yards further
shot their pistols in his direction. Altogether three shots were fired,
ty Hagan having a forty-five calibre automatic und Deputy Seneff a
ilibre. Both officers testified they aimed high and in front of thp
ling member of the party, not intending either shot to take effect,
he parties present seemed to have concluded that Bernard had made |
scape until later developments.
Michael J. Sullivan testified that he had been invited by Bernard to j
his place where he was running off a brew of whiskey, on the morn
f the 13th. He at first refused to go, and Bernard later came back
him, and together they went to the location of the still, arriving
about noon. Upon arriving there Sullivan saw Fortier, who was
in an advanced state of intoxication. Sullivan bad had two or
drinks when the deputies arrived, but was not under the influence
juor to the extent that he could not understand and appreciate all
happened. Bernard himself had a few drinks, but was not in
cited, at least so as to interfere with free locomotion. Upon seeing
n and Seneff approaching. Sullivan said to the others: “There
s Hagan.” Hagan shortly afterwards gave the command for them
and still and throw up their hands, and Bernard started to run.
van hollered to Bernard, “Don’t run. John, what in hell is the mat
ter with you." Bernard was stooping when he fell, hut none of th<
party knew he was hit uutil Sullivan and Hagan came to the place when
he luy. Fortier sat or laid at the same place as when first found, no)
seeming to know what was occuriug. Witness did not kuow which depu
ty tired the first shot, or how many shots were fired—that the deputiea
were tiring high to scare Bernard and cause him to stop. Hagan did not
recognue Bernard uutil he came *up to where he was.
Fortier testified that he could remember when Sullivan said “There
comes Hagan," but could give not further particulars of the affair; did
not know that Bernard had been shot until the morning of the 14th.
Witness came down to Sullivun's cabin morning of the 13th to borrow a
hand saw and some nails, but found no one there; pretty soon Bernard
came in with his rifle, and told Fortier to sit down; Bernard then went
back outside and came back with a bottle of whiskey, and together they
drank it up; Bernard then invited witness up to his plac** and altho wit
ness was intoxicated, was sure that Bernard took him up to where the
still was could not remember definitely. While there, says he might
have heard a shot, but did not know Bernard had been killed until Hagan
told him the morning of the 14th.
Both Sullivan and Fortier disclaim any interest in the still or its
Deputies Hagan and Seneff testified that, in investigating the local
ity where the smoke had been discovered, they came upon a newly-made
trail and followed it to a place where they could see the three men nam
ed; that they had heard Sullivan’s voice and recognized it on their ap
proach. Upon satisfying themselves that the still was in operation.
Hagan said: "Stand where you are." He had previously noticed For
tier lying down by a crooked tree near by. bu» did not know who he was
as lie had a black cap pulled down over his eyes. Sullivan stood in ft
position practically between Hagan and Seneff. on the same side of the
creek ..r draw. When Bernard started to run. Hagan fired one shot and
commanded him to halt, shooting high and not intending to hurt him.
Hagan thot he had tired two shots, and Seneff one. Both officers test!
tied they thot Bernard was running for a gun. and Seneff stated he warn
ed Hagan after the first shot that Bernard was after his gun. Bernard
was running with his left side to the deputies, having turned after runn
ing straight from them a few yards. He was stooping and reaching with
his left hand, evidently, at the time the shot took effect. After determin-,
Ing who he was and that the shot was serious. Hagan directed Sullivan to
hurry to the Station and order a doctor, and bring along a horse with
which to haul him out. but Bernard expired within half or three-quarters ;
of an hour and the order was cancelled.
l)r. A. .1. Sutherland, after having made examination of the wound
and heard the testimony, stated the bullet entered six and a half inches
to the left of the backbone, the point of exit being about the center of
the breast-bone; evidently inflicted by a pistol bullet of about 45 calibre.
The point or entrance thru the skin is nearly an inch off the line ..r the
wound in the body wall; the point of exit about three and a half inches
above the point of entrance, which would indicate the man was either in
a stooping position with left arm forward, or in a high position than the
one shooting. The wound was sufficient to cause death, and Bernard
died from the effects thereof.
The Coroner’s jury thoroughly examined the witnesses, and after
deliberating on their verdict, without argument or suggestion from any
of the officers, brought in the following verdict:
"We. the jury empaneled and sworn in the above entitled matter, do
find as follows, to-wit: 1. That the name of the deceased is John
Bernard; 2. That he came to his death on the 13th day of September,
1923. Xanana Precinct aforesaid; 3. That the cause of his death wa.s a
bullet wound fired by Deputy Marshal James Hagan iu the discharge of
his duty in evading arrest; 4. That the blame for the aforesaid death is
to be attached to no one.
Dated at Mile 345. Xonana Precinct, this 14th day of September.
1922. and signed by all the jurors.
CASTLK ASSISTANT TO DISTRICT ATTORNEY
i N. H. Castle, special agent in charge of the Bureau of investigation
i for the Territory of Alaska, has been appointed by the Attorney General
! a Special Assistant United States Attorney for the First Division. He
| has already entered upon his duties.
I This will not. Mrs. Castle states, interfere with his duties of the Speo
j ial Agent and is mainly intended to assist the United States Attorney. Mr.
) Shoup, in matters connected with his office during the absence of himself
| and assistants.
| Mr. Castle states that any matters relative to the United States At
torney’s office in Juneau, may be referred to him during the absence of
i Mr. Shoup and his regular staff.—Ex.
FIRE MM W
BOX LOCATION
12 .8ta&4«rd OU Company
13 .Cold 8Um|« plant, Boot
14 .Alaska Lighterage Co.
15 .OppooKe Record*™ Office
21.Cor. Steadman, 2nd ares.
23* • Cor 3rd- Ave- * Lanes Way
24 .Cor- B »*■ and 1st are.
25 ." Catholic Church
! 31. Polet's Residence
I 32. FlTe Station
33-Near Belmont Point Bridge
| *41 ...... .Opposite Webb's Market
I 42.. • • • Methodist Mission
.FiTe Out |
...Shut Down
Turn on Water ;
NOTICE
! Any items of Interesr to the com
I in unity if given or telephones ta the
Nugget will be giren publicity and !
I will be appreciated at all times.
dohecrfbe NOW for r.,* Norn* Nugget
| 7 B'lb ..
NOTICE OP POItl EITCHP.
To Cabal! Whltahaad. E R. Atles.
C. G. Cowdaa. Chas. Thompson,
A, Sobnpldor, S. K. Rooks, and
John Burns, your and pach of
your heirs, rxeeufors. administra
to-rs and assigns:
You are hereby notified that the i
undersigned has expended during*
<-ach of the years of 1907. 1910 !
1911. 1912. 1914. 1915. 1916. 1920.1
1921 and 1922, the sum of One j
Hundred Dollars, in Labor and Im-1
provememts upon that cen&m pla
wr mining claim known as and
be ng BENCH NO 5. BELOW
OOODLUCK. situated on the left !
limit of Anril Creek, opposite placer i
claim No. 1. below, ot* said creek.)
i-n the Capo Nome Mining District j
and Precinct. Territory of Alaska; !
the location certiliciite or noticp of i
which said claim Is of record in the j
office of the recorder of said mining
district and precinct, in Vo!. 2. at j
Page 224. of the records of loca
tions of waul mining district and
precinct.
That aaJd labor a-nd improvements
were performed a.ml made upon
said mining claim during each or
said yeai>i for the purpose of hold
ing the same under Hip nrm-ision
of the laws of the United Statws and
of the Territory of Alaska, concern
ing annual labor- upon mining
claims.
^ Anri if wuj^ ninety days aft >r
by the publication hereof for "the
period of ninety days, von or either
of you fall. refuse or neglect to
contribute your proportion of such j
expenditure as a co-owner with the |
undersigned, your interest in said
mining cla^ra wlH become the pro
perty of the aubRcriber. your co
owner. who has made tne required
expenditure necessary to Hold said
claim under said laws.
Tfeted at. Nome. Alaska, this 3rd
day of November. 1923.
Pioneer Mining and Ditch
Company. Co-Owner.
Fly K. J. GORMAN. Ag.nt,
Publish Nov. 3. 10. 17. 24. Dec. 1, 8.1
15. 22. 29. 1923. and Jait. 5. 12. j
FORFEITURE NOTICE
To JOHN A. DEXTER, and to his
executors. administr ilors, heirs,
and assigns:
You are hereby notified that the
undersigned has expended one hun
dred dollars ($109.AO) in work,
labor, and improvements upon "No.
4 SPECIMEN GULCH." or the
"K ESTER" Placer Mining Claim,
the location certificate of which is
recorded in Voi. 3, Page 48. of the
Records of the Cape Nome Record
ing PrecLnct. Territory of Alaska,
the recording precinct tn which sand
claim is situated, for each of the
years 1910. 1911. 1912, 1913. 1914.
1915, 1917. 1920-21. 1921-22. 1922
-23. i-n order to hold said claim un
der the provisions of Section 2324.
Revised Statutes of the United
States of America; this being the
amount required to hold said claim
for each of the years above enum
erated. And if within' ninety (90)
days from the service of this notice
upon you. you fail or refuse to con
tribute your proportion of such ex
penditure as co-owner, your inter
est in said claim will become the
property V>f the subscriber under I
said Section 2324.
Dated at Nome. Alaska, this 3rd
day of November. 1923.
Pioneer Mining and Ditch
! Company. Co-Owner.
! By E. J. GORMAN. Agent.
Publish Nov. 3. 10. 17. 24. Dec. 1. 8.
15. 22. 29. 1923. and Jan. 5. 12.
19, 26. 1924.
NOTICE OP FORFEITURE.
To Guy B. Brubaker and Blanche
McGrath, you and each of your
heirs, executors, .administrators
and assigns;
I You. and each of you. are hereby
| notified that the undersigned, as
co-owner therein, has expended the
sum of One Hundred ($100.00)
dollars during the year ending July
1. 1923. for labor and improvements
on and for the benefit of the .TATTN
1TA BENCH PLACER MINING
CLAIM, situated on the Left Limit
of Dry Creek, opposite No. 13 Be
low Discovery, In the Cape N'omc
Mining aid Recording IDstrict.
Territory of Alaska, notice of loca
Mon whereof Is oecorded In Book
01, at pnge 425, In the records of
said recording district.
That said work w*s performed as
provided by Sec. 2324. of the Re
visod Statutes of the United States
and supplemental legislation, for
I|tfee purpose of boldine slid claim.
II And you are severally required to
: contribute your proportion at auch
| expenditure according to your aerer
al Interests In said claim, to the un
dersigned co-owner with you tine,
in, vittota ninety days after the ser
vice of this notice on you by publi
cation thereof, or your intermit In
said claim will become forfeited and
rest in the undersigned, as provided
by said statutes.
Dated at Nome. Alaska, this 3rd
day of November. 1923.
F. 3. PoweJl and Geo. W. Dutton,
Trustees for Nome Dredging Trust,
By B. J. G OK MAN. Agent.
Publish Nov, 3. lb. 17. 24. Dec. 1. 8,
15. 22. 29. 1923. and Jett. 5. 12,'
19. 26. 1924.
NOTICE OF FORFEITURE.
To'Nels Segolson, P. V. Davis. Wm.
A. Gilmore, you and each of your
heirs, executors, administrators
and assigns:
You and each of you are hereby
■ notified that the undersigned, as
co-owner therein, has expended the
I sum of One Hundred ($100.00- <hd
i lars during the year ending July 1,
I 1923. for labor and improvements
on and for the benefit of GOLD
DITST BENCH Placer Mining Claim,
situated on the Left Limit of Dry
Creek, in the Cape Nome Mining
and Recording District. Territory of
j Alaska, notice of location whereof
I is recorded in Book 10. at Page 81,
j of the records of said Recording
| District.
j That said work was performed as
i provided by Sec. 2324. of the Re
| vised Statutes of the United States
I and supplemental Legislation, for
the purpose of holding said claim.
And you are severally required to
contribute your proportion of each
expenditure according to your sev
eral interests in said claim, to the
undersigned, co-owner with you
therein, within ninety days after the
service of this notice on you by pub
lication thereof, or your interest ta
said claim will become forfeited
and vest in the undersigned, as pro
v'ded by said statutes. .
Dated at Nome. Alaska, this 3rd
day of November. 1923.
F. S. Powell and Geo. W. Dutton,
Trustees for Nome Dredging Trust,
Co-Owner.
Bv E. ,T. GORMAN. Agent
Publish Nov. 3. 10. 17. 24. Dec. 1. 8,
15. 22. 29. 1923. aud Jan. 5. 12.
NOTICE OF FORFEITURE.
To Mary K. Searl. C. G. Cowdeu and
Wm. A. Gilmore. you and each of
your heirs. execntorH. administra
tors and assigns:
You and each of <you a.re hereby
iKXfcilied that Che undersigned. as
co-owrw»T therein, has expended the
sum of One Hundred (1100.00- dol
lars during the .war eroding July 1,
1923. for labor and improvement*
onaiul for the benefit of L.UCKY
TWO BENCH Placer Mining Claim,
situated on the Left Limit of Dry
Creek. second teir. in tie Capt
Nome Mining and recording district,
Territory of Alaska. notice of loca
tion whereof Is recorded in Book 88,
at page 34. of the records of said
Recording District.
That said work was performed a*
provided by Spc. 2324. of the Re
viced Statutes of the United State*
and supplemental legislation, for
the purpose of bolding said claim.
And you are severalty required to
contribute your proportion of such
expenditure according to your sev
eral interests in sand claim, to the
undersigned, oo-owrier with you
therein, within nim-ty days after the
service of this notice on you by pub
lication thereof, or your interest la
said claim will become forfeited
nr.d vest in the undersigned, as pro
vided by «ald statute*.
Dated at Nome. Alaska, this 3rd
day of November. 1923.
F. S. Howell and Geo. W. Dutton,
Trustees for Nome Dredging Trust,
Co-Owner.
Bv E. J. GORMAN, Agent.
Publish Nov. 3, 10. 17. 24. Der. 1. 8,
15. 22. 29. 1923. aud Ja*. 5. 12,
NOTICE OF PORFEITURK.
To Peter Johnson, E. Ongman. ▼.
A. Graffam, MaTy Newcomer and
Dan Kelly, your and each of jrottr
heir9, administrators, successors
and assigns:
You and each of you are hereby
notified that the undersigned, a*
co-owner therein, baa expended the
sum of One Hundred ($100.09- dol
lars during the year ending July 1.
1923. for labor and improvements
upon and for the benefit of the
BONANZA ASSOCIATION Placer
Mining Claim, situated immediately
North of the shore of Bering Sea.
and in the East end of the city or
town of Nome, in the Cape Nome
Recording District and Precdnct,
Territory of Alaska. The original
location of which claim Is recorded
in Vol. Ill, at Page 339. of the
records of locations in the office of
the recorder of said precinct.
That said labor and Improvement*
were made and performed in the
development of said claim and in
the performance of the annual labor
required by Section 2324 Revised
Statutes of the United States and
legislation supplemental thereto. In
ordor to hold said claim.
And you and each of you are
hereby required to contribute to the
mularsigned co-owners your propor
tion of such expenditure according
to your respective interests in said
mining claim. within ninety days
after the serv'ce of this notice upon
you by publicat'on thereof, or your
interest in snid mining olalm will
become forfeited to and vest In the
undersigned co-owners who havo
made such expenditure.
Dated at. Nome. Alaska, this 8rd
day of November. 1923.
F. 8. Powdll and Geo. VT. Dutton,
Trustee* for Noma Dredging Trust,
Co-Owner.
By E. J. GORMAN. Agent.
Publish Nov. 2, 10. 17, 2*. 1, 8,
111. 22. 29. 1923. and Jau. 5. 12,
19, 29, 1924.