The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-01
bORAH TRIAL IS
NEARING CLOSE
Prosecution Must Hereafter
Confine Its Testimony to
Prisoner in the Dock.
CONNECTION NOT YET MADE
ONE WITNESS IN CONTEMPT OF
COURT.

Boise. Idaho, Sept. S9.-Federal Judge
Whitson. who is presiding at the trial of
United States Senator w. e. Borah, not-
fled the prosecution today that the case
had reached the point where some teSti,
mOny connecting the defendant on trial
with the alleged Idaho land fraud con-
spracy must be presented.
Great latitude has been allowed you,
declared the court. I'm the presentation
of testimony here on the promise that
the defendant would be connected with
the alleged conspiracy But there is q
time when the court has TO control the
order of proof Beginning tomorrow
morning you viii confine your testimony
to the defendant on trial.
The attorneys for the government. act
ing on this suggestion, said they would
offer in evidence tomorrow the records
of the county clerks office showing that
scores of timber deeds had been admitted
10 record at the request Of Senator
Borah.
we thought that matter was conceded
when we allowed the deeds themselves to
Mr.. Hawley. chief counsel for the de-
Tense. I'VE are also willing to admit
/ that Senator BOrah was general counsel
for the Barber Lumber company during
the years covered by the Indictment"
Records to Go In.
Mr.. Rush of the prosecution said he de-
sired the county records in evidence, re-
I =
Judge Wilson's notification to the
prosecution came at the conclusion of the
governments two most important wit
nesses. 1t gave an official intimatiOn OF
the status of the case against Senator
BOrah. which became more significant
when Prosecutor Rush stated tonight
that the governments case undoubtedly
would be concluded tomorrow.
The trial went on this afternoon after
an abandonment of the morning session
! because of the illness of one of the
| jurors. which was thought for a time to
| be of such a nature as to cause a Sc
| riOus delay in the conclusion of the case.
I The testimony again had to do largely
with the actions of former Governor
Steunenburg in land dealings. Attorney
Hawley protested against witnesses be-
/ ing allowed to give conversations with
| Steunenberg. saying they had nc bearing
| on Senator BOrah's case and tended only
ITO blacken the memory of a man who
cannot answer"
Refused to Produce Books.
| The liveliest incident OF the day was
when L. O. Chapman, general manager
/ of the Barber Lumber company. was
| called to the stand as government wit
ness. Mr.. Chapman brought many books
/ and much correspondence which the
government desired. but refused point
/ blank to produce the company's account
/ books showing the amounts paid for tim
| Der lands and to whom. He declared the
| information contained in the books could
not assist the jury in the matter on trial
| but might tend to incTiminate Chapman
as an officer and stakeholder in the COM
pany. The matter of requiring Chapman
| 70 produce the books went over for ar
gument tomorrow. Chapman has his own
counsel and Senator Rorahs lawyers took
no part in the controversy.
| The two important witnesses of the day
were E. Z. Garrett, receiver at the Boise
| land office. and L. l.. Sharp, the special
agent of the general land office, who was
sent to Idaho by former Land Commits
! siOner Binger Hermann. Garrett said
| that BOrah came TO his house one even
ing and asked regarding some contested
land claims, as to whether hearings We're
to be had on them. Il indicated TO him
that the claims were bad and told him
ne had better keep his hands out CT
them" said Garrett. At this time the
| Barber Lumber company was not a party
Of record in the cases.
inspectors Story.
Sharp, the special agent, said he wa:
introduced to Borah in the latter's office
by Receiver Garrett. He talked to the
senator in a general way about allega
ti6ns of persons living near the timbe1
lands that the lands contained valuable
mineral deposits and should not be siver
for the lumber that was on II. There
was also a charge that the timber claim:
were not in good faith. One day Boral
came to his office and asked what he in
tended to do about certain conteste'
claims. Sharp told him the protests wer'
to be pushed and Borah walked out. HI
could not remember any of the converse
tons with Borah in detail. On cross-ex
animation Sharp said he had talked t
many lawyers about the alleged frauds
said it was nothing unusual to be con
suited by lawyers at his office; that n
knew Senator Borah to be the repreSen
tative of the Barber Lumber company
and that there was no secret about II
Senator Borah always told him he wa
anxious to protect the lumber compan.
| against fraudulent claims.