The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-10-03
RANG THE BELLS
AND FIRED GUNS
Acquittal of Senator Borah
Celebrated by the People of
Boise in Grand Style.
ONLY ONE BALLOT TAKEN
FIRST OF IDAHO LAND FRAUD
TRIALS ENDED.

Boise, Ida, Oct 2.-United States Sem
ator William E. Borah tonight was acquit-
ted of the charge OF conspiring to defraud
the government out of valuable Idaho
timber lands. The case was submitted
without argument on the part of the de-
Tense and the jury was out just long
enough to take one ballot. The verdict
was greeted by cheers and applause which
the court officials made no effort to re-
strain. This demonstration in the court
room served only as beginning. AS soon
as the news reached the outside, bells
were rung and the city fire department
made spectacular run through the prin-
cipal streets. stopping eventually at the
Idanha hotel, where Senator Borah, sur
rounded by several hundred Of his fellow
citizens, was escorted.
"HalI to the Chief"
A brass band appeared as if by magic
and the senator reached the hotel steps
played Hail to the Chief" The streets
about the hotel were blocked by the
with the screech of the fire engine whis
ties and clang of trolley car bells. Sena-
tor Borah thanked his hearers for their
demonstration and the confidence they
Senator Bersh held an impromptu re-
ception in the court room and another in
the lobby of the hotel where he was called
upon for a speech. Wherever he went
during the evening he was cheered and
congratulated, the verdict apparently be-
ing a most popular one throughout the
community.
Final Scenes In Court.
Events moved fast on this the last day
of the trial When court met in the morn
ing Judge Whitson announced that he
would override the motion of the defense
IT,
Senator Borah thereupon took the stand
in his own behalf and gave his explana-
ton of the matters which the government
attorneys urged as tending TO connect
mony was a denial of any knowledge of
fraud and a brief, clear-cut statement of
all his acts as general counsel for the Bar
Der Lumber company. The senator was
soon as this was over the defense rested.
There being no evidence to rebut, the
government also closed and argument was
begun, after the luncheon recess.
Special Assistant Attorney General r.
r. Rush of Omaha opened for. the gov
eminent and when he had concluded a
two-hour address. the defense announced
that no argument would be made on be-
half of Senator Borah.
Charge of the Judge.
Both prosecution and presiding judge
were surprised by this move and the
latter ordered a recess of an hour in which
to prepare his instructions. In these he
told the jurors that circumstances depend
ed upon to connect an accused person with
a conspiracy must point exclusively to
guilt. If they were consistent with inno-
cence II was the duty of the jury to &C
quit A conviction, Judge Whitson de-
clared, could not be found upon suspicious
circumstances. 1t was not sufficient, the
court held, that man should be shown
to have cerruptly engaged in it, and to
have had guilty knowledge of its OBJ
ject.
Judge Whitson urged the jurors not to
be swayed or influenced by the defend
ants high station, but to Judge him in
the light of the law, which recognized no
degree. high or low.
The Jury was out fourteen minutes Dur
ing this time no one left the court room,
a verdict of not guilty having been freely
predicted and expected after very brief
elaboration.
As soon as the words mot guilty" fell
from the lips of the clerk the cheering
broke forth At its conclusion the Judge
proper conduct" but said he would not
attempt to punish any one for contempt.
At the Idanha hotel demonstration Sena-
tor Borah was introduced by James H
Hawley his leading counsel. Mr.. Hawley
declared the indictment and trial of SEN
ator Borah on 'the flimsy evidence"
brought before the jury was "the most
damnable outrage and iniquity ever per-
loudly cheered
Speech by Borah.
Senator Borah said II was not proper
time for him TO express his opinion OF the
events of the last three months
II have felt the humiliation deeply" he
continued. especially because of the man.
ner in which the name Of my dead friend.
Frank Stcunenberg has been brought into
the case. ] am glad to say l was his
friend-the friend of a man who gave up
his life for his state and his country.
Political capital has been made, or
tried 10 be made out Of my Indictment,
but am glad TO say some of my staunch-
est friends during this trial have come
from the other side. The only reason I
was indicted appears to have been that
was the friend of Frank Steunenberg.
Again l can say to you I am proud of the
honor of that friendship. But there are
always some hyenas about who find their
only delight in the defamation of the
dead"
The demonstration over Senator Borah's
acquittal continued until late in the night
with street parades. band concerts, fire
works ard general celebration. Senator
Borah was forced to make second speech
in which he again expressed his appre-
olafioD of tho oopfidanpa Of b{c touy,1 cnaa-