Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-09-24
BORAH IS ON TRIAL
Work Of Impaneling Jur- Or IdahO's
Senator & Z
CASE Is CALLED q BOISE
Charge is Conspiracy to L Z Gov
4 ernment Out of La S.E
HUNDRED OTHERS ARE L ,
Men Accused Of Making bunny
Entries for Lumber Companies.
STEUNENBERG Is A DEFENDANT
FORMER Governor of Idaho Was "John
Doe" I'm Information Against
the Alleged COnspir-
ators.
Men Accused Of Making Dummy
Entries for Lumber Companies.
sTEUNENBERe Is A DEFENDANT

BOISE. Idaho. Sept. BIN beginning the
work here today OF impaneling a jury to
try United States Senator william L. Borah
charged with conspiracy to defraud the
government of valuable timber lands, Dis
trict Attorney Norman NJ. Ruick announced
that former Governor Frank Stcunenberg
was one of the men indicted with Senator
Borah for conspiracy. Steunenberg is rep
resented in the Indictment as John Doe
The case was called today before Judge
Edward Wbitson in the United States dis
trict court The prominence of Senator
Borah in the politics of the state. his per-
sonal popularity in this, his home town. the
leading part he took In the prosecution Of
William Haywood, charged with the muir
der Of Governor steunenberg, caused un-
usual interest to be taken in the proceed
ings.
The fact that fully hundred residents
of South Idaho are alleged to be involved
with Senator Borah in the so-called con-
spiracy, combined to attract an interest in
the proceedings against him nearly equal
to that which marked the first of the
Western Federation Of Miners trials here.
Imposing Array of Counsel.
The circuit court was crowded to over
flowing when Judge Wilson took the bench.
The array of cousel on either side was inn
posing. Tho government whose represen-
tatives here freely predict a hearing OF
sensational interest, have practically taken
the case from the hands of District Attor-
ney Ruick, against whom charges OF i'm
proper conduct before the grand jury have
been filed, and assigned the matter to
special attorneys trained in the timber land
law and fresh from successful prosecutions
in other western states. These are NJ. G.
Rlprh ~ nd y Rtaeh NJ ha
both special assistants to the attorney
general of the United States. There also
was 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 it's investiga-
tion OF the charges against District At
torney Ruck Senator Borah's attorneys
include James ii. Hawley, senior counsel
for. the state in the Haywood se.sAlfred,
f. Frazer z. NJ and Carl Paine. all local
Attorneys, and C. F. Bundy of Eau Claire.
wis. The latter also represents the inter-
ests Of the Barker Lumber company, the
corporation that is said to have profited by
the alleged frauds and some whose Of
flcers have been indicted.
Allegations O. Indictment.
The indictment against Senator Borah
alleges that he. with twelve others named
os Io-NNANhudnAct COHHplEeu 10 Inc
government of many thousands OF acres
of timber land in Boise county. AS re-
suit Of this alleged conspiracy it is alleged
that l0s residents OF Boise took out timber
claims and swore in doing so that they
were acting solely IN their own interests
whereas these statements are alleged to
have been false and II is alleged that ar
rangements had been entered into whereby
the claimants were to turn their lands over
10 the others. who IN turn were 10 trans
fer them TO the Barber Lumber company,
whose officers make their headquarters in
Wisconsin. and who are said to be affiliated
with large lumber interests in the west.
Among the los claimants are many Of
Boise's best known citizens. In some in
stances FIVE and six members OF one family.
including wives and daughters are involved.
All or the thirteen men against whom in
dictments were returned have, with the
exception OF Senator Borah and John Doe
and Richard Roe. Ned pleas OF abatement
OF the indictments on the ground OF mis-
conduct on the part of the district at
torney II being alleged that he made an
agreement before the grand jury which Is
prohibited by law and refused to leave
the grand jury room on one occasion when
requested to do so. Judge whitson began
hearing Saturday 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 a new
complication to the situation, for. while he
has not Joined them a decision adverse
TO the government would seem 10 mako
It incumbent on the United States attor-
neys TO take cognizance OF the matter in
his case.