Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-09-14
BIG MEN CAUGHT In The NET
Frank Martin, Attorney for Defense,
Indicted in Idaho.
LAW PARTNER OF HAwLEY
Former state OmciSI who Met
Tragic Death Also Named in
List of Men Accused of
Land Frauds.

The further the cover is drawn from the
timber land fraud cases in Idaho. which
will be prosecuted for the government by
S. r. Rush OF Omaha. the special assist
ant attorney general. the more remark
able appear the phases OF this case. Pass
ing from the sensation revealed in the
fact that United States Senator Borah,
who prosecuted w. d. Haywood on the
charge Of numbering former Governor
steunenberg is one Of the indicted men,
the indictments, which have just been
made public in their entirety, show that
Frank Martin. one of the attorneys for
the defendants in the case, is himself also
indicted. Martin is a member of the legal
firm of Martin, Hawley. Puckett & Haw-
ley, retained by the defense. and Hawley
was an associate OF Borah in the Hay
wood case Martin is also chief owner of
a Boise newspaper and Borah part
owner But this is not all-the indict-
ments lie against two brothers. one of
whom was a high state official of Idaho
who met tragic death They are mem
toned IN the bill as John Doe and Rich
ard Doe.
some of the other Men.
The indictment is joint one and is
against John l. Wells Patrick II. Downes,
John Kinkaid, Louis NJ. Pritchard. Will
liam Sweet. Albert e. Palmer, Horace s.
Rand. Frank Martin, United States Sena-
for W. e. Borah. James T. Barber, presi-
dent of the Barber Lumber company of
Chicago; and Sumner @. Moon of the Bar
ber Lumber company of Chicago.
The indictment charges that on Septem-
ber /, 1901 land from September 1, 1901. un-
til and including the times hereinafter al
leged) the indicted parties unlawfully con-
spired with some los persons (whose names
are given) to defraud the United States out
OF the possession and use of and the title
to divers tracts of public lands lapproxi-
mating $4,000 acres), all in Boise county;
that the conspiracy was one for obtaining
for private gain, use and benefit of the large
tracts of timber lands"
The Indictment goes into great detail and
specifies that the persons indicted caused
deeds to be given to either A. Z. Palmer
George S. Long or Horace S. Rand for the
purpose OF receiving title for the benefit OF
the alleged conspirators and that the title
was afterward transferred to the Barber
Lumber company as a part OF the con-
spiracy.
The trial Of Senator Borah under this in
dictment is set for September %. panel
of seventy petit jurors has already beer
drawn for the trial and the interests of the
government will be looked after in the case
by Assistant Attorney General C. NJ. Burch
and Special Assistant Attorney General s,
R. Rush of Omaha.
No Respecter of Persons.
In reference to the sensation in the case
as appearing in the press dispatches from
Boise, Mr.. Rush, who is now in Omaha,
says:
IT do not know anything about this mat
ter other than appears In the papers and
am not prepared to make any statement in
reference to the matter. I can say it is
the intention of the Department OF Justice
to bring the cases to trial without refer
ence to the distinction of the defendants
There has been a practice for years of
syndicates and spectators to acquire pos
session and title to the public lands by any
means. fair or FOUL and now in Wyoming
and Colorado there has recently arisen a
tremendous agricultural spirit as stimulated
by the dry farming process and the specu-
lators are unloading these lands upon farm
ers and whoever will purchase them at
from IS to s. per acre and are making mil
lions out OF these lands. The came obser-
walton will apply to the irrigated and
mountain districts of Idaho and Montana
These land spectators have through some
means acquired title to nearly every avail
able acre of agricultural land and the
farmers must pay the price II they expect
TO get hold OF them for agricultural pur-
poses.
Nebraska Lands n Paradise.
II have been over vast tracts of these
segregated lands and also much of the
fraudulently acquired lands of Nebraska,
and l am free to say the Nebraska lands
are simply Paradise compared with
some of the Colorado Wyoming. Montana
and Idaho lands. Out about Kimball, for
instance, the spectators are holding their
lands at from SIS to s27 per acre and are
getting that for them. 1t is these same
lands that were characterized only a few
years ago worthless, and every sort of
effort was undertaken to prevent the gov
ernment from restoring these lands thus
fraudulently acquired by the spectators
back to the public domain for the use Of
actual honest settlers. This land is capable
OF producing an abundance of grass and
alfalfa. The introduction of bronze grass
into these regions has transformed these
so-called deserts into fruitful farms, and
as a consequence will open up tremendous
dairy industry all through western Ne
braska.
1.-THE spectators will fight by every
means in their power to retain their titles
TO the lands, and will use every possible
means to defeat the efforts OF the govern
ment to restore the lands back to the public
domain
'The Department OF Justice has had
hard task before H. The land SPECTATORS
possess a big influence and will exert It
to finish to secure them in their holdings.
They will not give up foot OF these lands
in any OF the states without the hardest
kind OF fight. But it is the intention of
the department to recover these lands
wherever possible and bring the guilty par
ties to Justice. The fight nas but just be-
gun. but believe we will win in the end,
and need only public sentiment to back
us up"
COPPER MINES ARE To Rim