The Parma herald. (Parma, Idaho) 1903-1917, 1907-10-12

BOISE Oct. s.-United States Senate,
Borah last night was acquitted Z, "
charge Of conspiring to defraud o. Wv
eminent Of valuable Idaho timber IL s ~
rne case was submitted without .,
ment on the part of the defense. s ~
'ne jury was out just long enough -
take one ballot. The verdict wa.
cd with cheers and applause. whie 5,s ~
court officials made no effort TO re .Sr ,ne
Ibis demonstration in the con, rt.aan'
served only as beginning. As soa
as the news reached the outs;da aoon
were rung and the city fire denort De'is
made a spectacular run through tbs
principal streets, stopping eve1,r. tns
at the ldanha hotel, where Mr. posaty
surrounded by several hundred ~ d ~,
friends and fellow citizens. was Sa LIS
ed. A brass band appeared 90 =
magic, and, as the senator REACHED ny
hotel steps, played Hail to the Cbie tu ~
The streets about the hotel were hlOa.
ed by the cheering throng, whose sbout.
mingled with the screech of the s n.' -"
CINE whistles and the clanp of I'LL
car bells. Mr.. Borah thanked bis bo":
ers Tor their demonstration and the con-
hdence they reposed in him throuobout
the trial. s"ou'
Mr.: Borah held an impromptu recep.
ton in the courtroom and anotbor r
the lobby of the hotel. where ba uaa
called upon for speech. Wberevsr
he went during the evening he was
cheered and congratulated, the verdict
apparently being a most popular one
throughout the community.
Events moved fast on the last dav ~
the trial. When court met in The
morning, Judge Whitson announced
that he would override the motion n
the defense for an instructed verdict If
not guilty.
Mr.. Borah thereupon took the Stand
in his own behalf and gave his expla.
nation OF the matter which the govern.
ment attorneys urged as tending 10 con-
meet him with an alleged conspiracy.
His testimony was denial of anv
knowledge of fraud and brief, clear
cut statement of all his acts as general
counsel for the Barber Lumber COM
pany. The senator was cross examined
at some length and as soon as this was
over the defense rested.
There being no evidence to rebut, the
government also closed, and argument
was begun after the luncheon recess.
Special Assistant Attorney General R.
K. Rush, OF Omaha, opened for the gov
eminent, and, when he had concluded
two-hours' address, the defense an
nounced that no argument would be
made on behalf of Mr.. Borah. Both
prosecution and presiding Judge were
surprised by this move, and the latter
ordered recess of an hour in which to
prepare his instructions.
In these he ted the jurors the cir
cumstances depended upon to connect
an accused person with a conspiracy
must point exclusively 10 guilt. If
they were inconsistent, it was the duty
Of the jury to acquit. conviction,
Judge Whitson declared, could not be
found upon suspicious circumstances.
1t was not sufficient, the court held,
that a man should be shown to have
engage in it, an to have had
guilty knowledge of its objects.
The jury was out IA minutes. Dur
ng this time no one left the court
'oom, verdict of "not guilty" having
been freely predicted and expected after
| very brief deliberation. As soon as
he words mot guilty" fell from the
Ups of the clerk the cheering broke
orth. At it's conclusion the judge
lightly reprimanded the audience for
improper conduct" but said he would
lot attempt to punish anyone for con-
empt.