The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-23
.lTISSTEUNENBERG
Dead Governor of Idaho Is the
John Doe"
In the List of Those Indicted
for Land Frauds.
ONE HUNDRED OTHERS
Interest in BOrah's Trial as
Great as Was Manifested
At That of William ID. HAYWOOD
for Murder Conspiracy.

Boise. Idaho, Sept. 2S.=In begin
nlng the work of empaneIling a Jury
20 Try senator Borah today, District
attorney Ruick announced that for
lher Governor Frank Steunenberg was
one OF the men indicted with Senator
borah for conspiracy to defraud the
government out of timber lands.
Steunenberg is represented In the in
dlctment as John Doe.''
The prominence of Senator Borah
in the politics of the state his person.
al popularity in this, his home town.
the leading part he took in the pros
| ecutlon of VIM. d. Haywood who was
charged with the murder of Governor
Steunenberg, and the fact that more
than one hundred we'll known resi-
dents of south Idaho are alleged to be
involved with him in the so called
conspiracy, combined to attract an in
terest to the proceedings against him
practically equal to that which mark
ed the first of the Western Federation
of Miners trials here. The circuit
court was crowded to overf1owing
when Judge Whitson took the bench
at 10 o'clock.
The array of counsel on either side
was imposing. The government
whose representatives here freely pre-
dict hearing of sensational interest
has practically taken the case out of
the hands of local District Attorney
Norman Ruick, against whom charges
of improper conduct before the
grand jury have been filed, and as
signed the matter to special attorneys
trained in timber land law and fresh
from successful prosecutions in other
western states.
Attorneys in the Case.
These are NJ. c. Burch of Detroit,
and S. r. Rush of Omaha. Neb., both
special assistants to the attorney gem
eral of the United States. There was
also present today Timothy F. Burke.
United States district attorney at
Cheyenne, who was sent to Boise to
assist the special grand jury now in
session in its investigation of the
charges against District Attorney
Ruick. Senator Borah's attorneys in-
cIude James II. Hawley, senior coun-
sci for the state in the Haywood case;
Alfred A. Frazer; S. L. Upton and
Carl Paine, all local attorneys. and
c. F. Bundy of EauClaire, Wisconsin.
The latter also represents the interests
of the Barber Lumber company the
corporation which is said to have profit
ed by the alleged frauds and some of
whose officers have been indicted
Allegations of the Indictment.
The Indictment against Senator Borah |
alleges that he with twelve others named
as co-defendants, conspired together to
defraud the government of many thou |
sands of acres of timber lands in Boise |
county.
AS a result of this conspiracy it is al |
legged that 10S residents of Boise took |
out timber claims and swore, in doing |
so, that they were acting solely in their |
cwn interests, whereas these statements T!
were false and agreements had |
been entered into whereby the |
claimants were TO o,antna tnrn their IaI
who in turn were to transfer them to |
the Barber Lumber company, whose |
officers make their headquarters in |
Wisconsin and which are said to be |
affiliated with large lumber interests in |
the west Among the 10S claimants are |
many of Bosses best known people. In |
some instances, five and six members CT |
one family including wives ana daugh- |
ters are involved.
All of the thirteen men against whom |
were returned with the ex-
ceptioa of Senator Borah, John Doe"
and Richard Roe" have filed pleas in /
a batement of the indictment on the |
ground of misconduct on the part of the
district attorney, it being alleged that |
he made an argument before the grand
Jury which is prohibited by law, and re-
fused to leave the grand jury room on
one occasion when requested to do so.
Judge Whitson began hearing Satur-
day morning in open court on these
charges, the special grand jury having
the matter in hand being adjourned for
the time being.
Senator Borah's trial coming on with
the pleas in abatement undecided, lends
q rev complication to the situation for
while he has not Joined in them, a de-
cision adverse to the government would
seem to make it incumbent on the Unit
ed States attorneys to take cogniZance
of the matter in his case.
In the hearing of the charges against
Mr. Ruick it developed in the testi-
mony of the secretary of the old grand
Jury that the names John Doe ana
Richard Roe" appearing in the in
dict ment were not on the list of names
given him to be voted upon. 1t has
also developed that Mr.. Ruick did
make extended remarks to the jurors,
but there is a division of opinion as
to whether he confined himself to the
law, which is permissible. or whether
he reviewed the evidence and sum-
med up practically as he would before
a trial jury.
1t was also testified that Mr.. Ruick
told the jurors he thought the evil
dence warranted an Indictment and
also reiterated that the statement was
made at the time that he was acting
under direct orders from Washington
Mr.. Ruick is yet to be heard in his
own defense.
Senator Borah was elected to the
upper house of congress at this years
session of the legislature to succeed
Senator Dubois. He is a Republican.