Simple misdemeanor charges turn complex

Normally, when the National Park Service (NPS) issues a citation for misdemeanor trespassing and vandalism, the case is pretty straightforward. But it seems that nothing in the continuing relations between the Pilgrim family and their NPS neighbor is uncomplicated.

The latest proceedings in Anchorage federal district court stem from allegations that Joseph Pilgrim attempted to enter the Polk 1601 Adit after the NPS had closed the entrance. Rangers Marshall Neeck and Richard Richotte had been hiding on the mountain after supposedly receiving a “tip” that the Pilgrims might try to enter the adit, the only entrance to their Mother Lode mine. After two and a half days of testimony, Magistrate John D. Roberts gave both sides an additional three weeks to present written closing arguments, saying the trial involves complex issues.

The Pilgrim family had apparently spent a good part of the summer working in the adit, cleaning out snow and ice which accumulates in the tunnels and blocks air circulation needed to keep the historic mine dry to preserve timbering and retard deterioration. They had locked the entrance and posted signs, one of which read “Mother Lode Mine Coalition (a legal, patented rightofway) Private Entrance, No Trespassing, Violators will be Persecuted.”

On July 1 the Park Service had broken the Pilgrim lock, took down the handmade signs and replaced them with official signs, DANGER - STAY OUT - STAY ALIVE and a Closure Order For All Tunnels in the Kennicott Historic District.

They also installed a new chain with an NPS padlock.

Neeck charged that Joseph broke the new chain with a pick on July 15, and damaged and removed the NPS signs. At the heart of the case is whether the Polk 1601 Adit is a legal rightofway that the Pilgrims have a right to use to access the underground workings of their patented Mother Lode Mine.

A friendly witness for the NPS was Walter Wigger of Fairbanks who sold the property to the Pilgrims in 2002. Wigger had also owned a number of unpatented claims which he donated to the NPS, reportedly in return for a large tax writeoff. One of these claims included the Polk adit entrance located about ½ mile from the Mother Lode property.

The first day Wigger testified that the Pilgrims have no access through the Polk Adit because he donated it to the NPS. But the next day he had to eat his words. He spent the day before his 85th birthday in the courtroom, looking uncomfortable as Joseph’s attorney, Carl Bauman, produced transcripts of prior conversations between Wigger and the Pilgrims in 2002.

Joseph Hale (Pilgrim): “How can we prove that that’s our legal access?” (Speaking of the Polk adit).

Walter Wigger: “Well, actually, they, uh, can’t stop you. But of course they like to let you know who’s in charge. But, if you get a restraining order, there’s no way they’re gonna close that portal.”

Unknown: “Yeah, that’s a good idea.”

Walter Wigger: “And there should be no problems about getting a restraining order. That’s what I was gonna do. There’s a whole office down there that’s all they do is deciding these land laws as a friend to the court.”

Wigger was recently sued by the Pilgrims for lack of performance on their land purchase contract with him.

A key witness for the defense was Ron Simpson. Ron is a familiar figure to Wrangell St. Elias News readers, author of the book Legacy of the Chief and noted historian on the Kennicott mines. (See Mining in Miniature—The Mother Lode Upper Camp Model in the January & February 2003 WSEN.)

According to Simpson, the Polk 1600 level adit is the only practical entrance to the Pilgrim’s Mother Lode Mine, and additionally, is the only reasonable access to the Bonanza and Jumbo systems. “The Mother Lode Mine is the only interesting part of the underground system of Kennicott area mines that is left,” said Simpson in a telephone interview. “The old lunch room, the stable and the blacksmith’s shop are all on the Pilgrim’s property,” he said.

Professional engineer and land consultant Ray Kreig was also called by the defense as an expert witness. He testified that the original patents support an easement by necessity and they specifically provided for actions by the Alaska legislature to authorize other measures to aid in the full

development of the granted mineral lands. Alaska statutes list tunnels as structures that can be included in an RS 2477 rightofway.

Kreig also testified that the public notice of the NPS tunnel closures may have been ineffective because it is not at all clear that the Polk adit lies within the boundaries of the Kennicott National Historic Site.

Finally, Kreig testified about the results of a test in which he recreated the door and log jamb at the mine entrance and reenacted the attempt to break a chain with a pick, as Joseph is accused of doing by Neeck. Kreig said, in his professional opinion, it would be virtually impossible to break the chain in such a manner without doing severe damage to the woodwork. No such damage was present in photos taken after the alleged incident.

The Pilgrim's attorney, Carl Bauman, has said the criminal citations against Joseph and Joshua are improper because the NPS is trying to use the criminal courts to affect disputes that in reality are civil matters over land status.

Both sides have until the middle of January to present their closing arguments to Judge Roberts who will then render his decision.