The Idaho recorder. [volume] (Salmon City, Idaho) 1886-1927, 1907-10-03

the claimants were TO turn thei
lands over 70 three selected men, VIII
10 turn were to transfer them 10 tn,
Barber Lumber company, whose Of
ncers make their headquarters II
wisconsin, and which Is said 10 IN
animated with large lumber interests
10 the West. Among the los claim.
ants are many OF Boise's best KNOW
people. In some instances 6ye and
SIX members OF one family. including
wives and daughters, are involved.
All OF the thirteen men against
whom indictments were returned
With the exception OF Senator Borab.
John Doe' and Orchard Roe, -
nave iled pleas in abatement OF the
indictment on the ground of miscon.
duct on the part of the District At
torney, 1t being alleged that he made
an argument before the grand jurors
which Is prohibited by Law, and re.
fused to leave the grand Jury room
90 one occasion when requested to do
so. Judge whitson began a hearing
Saturday morning In open court on
the charges, the special grand Jury
having the matter In hand being ad.
Journed for the tine being.
Senator Borah's trial COMING an
with the pleas In abatement upde.
cided, lends a new complication TO
the situation, for while he has not
Joined In them, decision adverse to
the government would seem to make
II incumbent upon the United States
Attorneys to take cognizance of the
matter In his case.
In the bearing OF the charges
against Mr.. Ruick 1t developed In
tibet sestimony OF the secretary OF
the old grand jury that the names OF
John Doe'' and Orchard Roe an
pearing Ia the indictment, were not
on the list OF names given him to be
voted upon 1t has also deyeloped
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 summed up practic.
ally as he would before trial Jury.
1t was also testified that Mr.. Ruick
told the jurors he thought the eyi.
dence warranted an indictment, .and
also reiterated the statement many
times that he was acting under d.
rect orders from Washington. Mr..
Ruick Is yet to he heard in his own
defense.
Little or no progress was made at
the morning session Of court, but
during On EXTENDED afternoon sit
Ting the government attorneys tenn |
porarily passed twelve men into the
Iury.box. All Of these are subject to |
further examination by the prosecu-
lion an ! to complete examination by |
for the defense.
@h oNH dHeiU 10 kifcu W tic case
ly the fact that one OF the men /
passed into the box today is Thomas
Cess, local real estate dealer
who served as foreman OF the Hay
wood jury in the case In which SEN
ltor Borah served as a state prose-
tutor. Several OF the Jurors temper
lrily accepted claimed acquaintance
With Senator Borah, and one declared
openly that he held the defendant In
Ugh esteem. He felt, however, that
he could deal out justice to him.
Three proposed jurors who declared
heir belief Ia Senator Borab's inno-
'ence were promptly challenged by
he government and excused.1
District Attorney Ruick conducted
he juror examination and questioned
he jurors closely as to any feeling OF
prejudice against him for his active
art In securing the Indictment OF
senator Borah and whether they be-
ievcd he had acted from personal
motives or In good faith as a public
Nearly all said they had /
'iven the matter but little thought.
They ALSO declared they would not
,ermit their reverence for former
iov. Steunenberg's memory TO inter
ere with the rendering OF a Just YER
|iekl 10 the case on trial.