Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-09-24
w. Z. HoRAH OF IDAHO CHARGED
WITH FRAUD
MURDERED GOVERNOR NAMED
AS DEFENDANT
Wide Interest centers in Case at Boise.
Many Prominent Citizens Of
Idaho involved IN the
Accusation
By Associated Press.

Borah. at the threshold of career In
the. United States senate, having been
elected to take his seat at the coming
session of congress, was placed on trial
before Judge Edward Whitson in the
Federal court today, charged with con-
spiracy to defraud the United States gov
eminent out of title to many thousand
acres of timber land in Boise county.
Cloaked under the legal title of John
Doe. the attorneys for the government
today disclosed in open court the fact
that former Governor Frank Steunen-
berg was included in the indictment, and
is alleged to have had a leading part in
the so-called conspiracy. The announce
rnent came as a complete surprise to the
community at large. Several Oh the
talesmen examined for jury duty de-
clared that they had never even heard it
intimated that the governor who was as
sassinated by Harry Orchard, and for
the alleged participation in whose murder
William d. Haywood was recentiy tired
and acquitted, had in any way been con-
nected with the land frauds investiga-
ton.
Little Progress Made
Little or no progress was made at tne
morning session of the court, but during
an extended afternoon session the gov
eminent attorneys temporarily passed
twelve men into the jury box All OF
these are subject to further examination
nv the prosecution and complete exam
ination by counsel for the defense.
An odd tangle is given to the case, that
one of the men passed into the box to-
days is Thomas B. Cess, a local reai
estate dealer, who served as foreman OF
the HAYWOOD jury, in which case Sema-
for Rorah served as state prosecutor.
Several of the jurymen temporarily ac-
,,ented claimed acquaintance with Sena-
tor Borah, and one declared openly ne
holds the defendant in high esteem. he
felt. however that he could deal out JUS
tice to him. Three proposed jurors VINO
declared their belief in Senator Borahs
innocence were promptly challenged py
7 the government and excused
District Attorney Ruick conducted the
Juror examination and questioned the
j,1rors closely as to any feeling of preJu-
dice against him for his active part IN
securing the indictment of Senator Boran
and whether they believed he acted from
personal motives or in good faith as a
public prosecutor. Nearly all said they
had given, the matter but little thought.
They also declared they would not per-
mi, tbair reverence for Governor Steun-
enberg,s memory to interfere with the
rendering of a just verdict in the case on
trial
Borah in Senate
The prominence of Senator Borah in the
politics of the Ssate, his personal popu
larity in this hiS home town; the leading
part he took in the prosecution of William
d. HAYWOOD who was charged with the
murder of Governor Steunenberg, and the
fact that more than hundred well
known residents of South ldaho are al
legged to be involved with him in the So
called conspiracy combined to attract in
70 he rArnOaadfn0C against
practically equal to that which marked
the first of the Western Federation OF
Miners trials here. The court was
crowded to overlooking when Judge Whit
son took the bench at 10 o'clock
The array of counsel on either side was
imposing. The government, whose repre-
sentatives here freely predict hearing
OF sensational interest, has practically
taken its case out of the hands of the
local district attorney, Norman M. Ruick,
against whom charges of improper con-
duct before the grand jury have been
fled, and assigned the matter to special
attorneys trained in timber land matters
and fresh from successful prosecutions IN
other western states.
These are McBurch of Detroit and S. X.
Rush of Omaha, both special assistants TO
the attorney general 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 at
its investigation of the charges against
District Attorney Ruick.
HawIey for Borah
Senator Borah's attorneys include
James H. Hawley, senior counsel for the
state in the Haywood trial; Alfred A.
Fraser S. L. Upton and Carl Paine, all
local attorneys. and C. F. Bundle of Eau
Claire. Wis The latter also represents
the interests Of the Barber Lumber COM
pary, the corporation which is said to
have profted by the alleged frauds and
some OF whose officers have been indicted
The Indictment against Senator Borah
alleges that he with twelve others named
as codefendants conspired together to de-
fraud the government of many thousand
acres of timber land in Boise county.
AS a result of this conspiracy 1t is al
legged that 108 residents of Boise took out
timber claims and swore, in doing so,
that they were acting solely in their own
interest, whereas these statements were
false and agreements had been entered
into whereby the claimants were to turn
their lands over to three selected men,
who in turn were to transfer them to the
Barber Lumber company, whose officers
make their headquarters in Wisconsin
and which is said to be affiliated with
large humber interests In the west.
Bosses best known people. In some in
stances five or six members of one fam
ily including wives and daughters, are
involved. All of the thirteen men against
whom indictments were returned, with
the exception of Senator Borah, John
Doe and Richard Roe, have filed pleas in
abatement 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
jurors which is prohibited by law and
refused to leave the grand jury room on
one occasion when requested to do so.
Judge Whitsons began hearing Saturday
morning in open court on these charges,
the special grand jury having the mat,
ter in hand. being adjourned for the time
being.
New Complication
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 in them, a de-
cision adverse to the government would
uaar, IN make If fncumhAnt unon tha