Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1907-09-28
BORAH TRIAL IS ON
SENATOR Of IDAHO In LAND
FRAUD CASES.
Twelve Other Persons Have Been In.
dicted and Are to Stand Trial Soon
~. S. Attorney Ruick Charged by
Jurymen With Using Undue In
fuence With Them to Land Borah.


States Senator William E. Borah, who
acted as one of the principal prosecu-
tors for the state of Idaho at the re-
cent trial of William d. Haywood, |
secretary of the Western Federation of |
Miners, will be placed on trial this |
week in the United States circuit court |
here, charged with conspiring to de-
fraud the government out of title to
1880 acres of Idaho timber land.
Twelve other persons have been in
dicted with Senator Borah, but he
will be the first to face a federal jury, |
having demanded a trial prior to the
time he shall present his credentials
as a senator next December in Wash |
ington.
Others of the defendants have inter
posed demurrers, pleas of abatement
and other legal technicalities, many of
which are still pending, and have
charged that the United States at
torney, Norman NJ. Ruick, used i'm
proper and illegal methods while Sc
curing the indictments. But Senator
Borah has simply entered plea of
not guilty and has forbidden his at
torneys to take advantage of any
technicalities whatsoever. He has
stated as his desire that the case
should be tried on its merits. The
conduct Of the district attorney before
the March grand jury, which returned
others, is now under investigation by
a specially summoned federal grand
jury, while Judge Whitson, who is to
preside at the Borah trial, began re-
Gently a personal inquiry in open court
as to Mr.. Ruick's course, summoning
in attendance all the witnesses cited
to appear before the grand jury.
Charges Against Ruick.
It has been charged in afiidavits of
three former grand jurymen that Mr..
Ruick made an argument of more
than an hours length before the
grand Jury and urged that indictments
be voted. The district attorney has
admitted that he reviewed for the ben
eft of the grand jury the salient fea-
lures of testimony which covered
period of four weeks deliberation, but
denies that his remarks were in the
line of an argument. 1t is also
charged that the district attorney re-
fused to leave the grand jury room
one day until the indictments were
signed. This charge has been denied
in the counter affidavits of nine former
grand jurymen, who say that the tim
Der land cases were not being dis
cussed when the district attorney was
requested to depart.
Borah's Alleged Crime.
The indictments against Senator
Borah and the twelve others charged
that they entered into a conspiracy
with los residents of Boise, whereby
the latter were to take up timber
land claims of 100 acres each. paying
a minimum price to the government
and later, when the claims were final
ly approved, to transfer the land to
the Barber Lumber company, an Idaho
corporation, whose principal officers
are residents of Wisconsin. James T
Barber and Samuel G. Moon of Eau
Claire, Wis, are among those indicted
II is claimed that the 1OS entrymer
swore that they were taking out the
claims for their own use and benefit
and not for speculation. These state
ments are alleged to have been false
and the government attorneys claim
the entrymen had all entered into {
contract to turn the lands over to ;
lumber corporation as soon as theil
claims were proven. It was further
claimed that Senator Borah and tn,
other conspirators provided funds t
many of the los entrymen to cove
the expenses of proving up thei
claims.
Codefendants All Prominent.
The interest aroused by the trial i
, intense in this section of the country
owing to the prominence of all con
, cerned in the alleged conspiracy. On
: of the codefendants with Senate
Borah is Frank Martin, attorney ger
eral of Idaho under former GOverno
{ Frank Steunenberg, who was assas
sinated by Harry Orchard. Anothe
defendants is John Doe" said t
represent Governor Steunenberg hin
self
Among the los entrymen named a
part of the conspiracy, but net il
dicted, are many of the most prom
nent business and professional men c
Boise. In some instances five men
bers of a family, including wives an
daughters, are involved.
l Federal Government Active.
The governments interest in tn
: trial of Senator Borah is attested
3 the presence here of three specis
prosecutors, to be assisted and az
4 vised by District Attorney Ruick. TIL
= fling Of charges against the latter a
e so Influenced the department Of justic
( at Washington in sending special me
: here who could in nowise. POLITICAL
a or personally, be interested in tn
prosecution. except as a cause OF ju
- nh Al.