The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-10-01
JOLT FROM THE COURT.
Federal Attorneys Are Told That 1t Is
Time to Get to Borah.

Boise, Oct. Federal Judge Whitson
who is presiding at the trial of United
States Senator William f. Borah noti-
fec the prosecution today that the case
'noEy connecting the defendant on trial
with tie alleged Idaho land fraud con-
spiracy mGs3 be presented. The attor-
neYs fer the government, acting on this
suggestion. said they would offer in evil
dence the records of the county clerk s
office showing that scores of timber
deeds had been admitted to record at
the request of Senator Borah. I'VE
thought that matter was conceded when
we allowed the deeds themselves to go
into evidence without protest." put in
Mr.. Hawley, chief counsel for the de-
Tense.
Mr.. Rush of the prosecution said he
desired the county records in evidence,
regardless of the admissions of the de-
Tense.
Judge Whitson's notification to the
prosecution came at the conclusion of
the testimony of the governments two
most important witnesses.
The trial went on after abandonment
of the morning session because of ILL
ness of one of the jurors which was
thought for a time to be of such ma
ture to cause a serious delay in the
case. The testimony again had to do
largely with the actions of former Gov
ernor Steunenberg in land dealings
Attorney Hawley protested against wit
tions with Steunenberg. He said they
had no bearing on Senator Borah's case
and tended only ito blacken the MEM
DRY of man who can net answer
The 1iveliest incident of the day was
when l.. G.. Chapman, general manager
of the Barber Lumber company, was
called to the stand and as a govern
ment witness. Mr.. Chapman brought
many books ard such correspondence
as the government desired. but refused
point blank to produce the company's
account books showing the amounts
paid for timber lands and to whom. He
declared the informa ton contained in
the books could not assist the jury in
the matter on trial but might tend to
incriminate Chapman as an officer and
stockholdcr in the company. The MAJ
ter of requiring Chapman to produce
the books was held over for argument.
Chapman has his own counsel and Sen
ator Borah's lawyers took no part i'll
the matter.
The two important witnesses Of the
day were E. f. Carrot. receiver at the
Boise land office. and L. L. Sharp, the
special agent of the land office, who
was sent to Idaho by former Land Com
missioner Ringer Hermann. Carrot
said that Borah came to his house one
evening and asked regarding some con-
tested land claims to whether hear
ing were to be had on them. ct indi-
Gated to him that the claims were bad
and told him he had better keep his
hands out of them" said Garret. At
this time the Barber Lumber company
was not q party of record in the cases
Sharp, the special agent, said he was
introduced to Borah in the latter's
office by Receiver Garret. He talked to
the senator in a general way about per-
sons living near tn, timber lands: that
they contained valuable mineral de-
posits and should not be given for the
lumber that was on 1t. There was also
a charge that the timber claims were
rot in good faith. One day Borah came
to his office and asked what he intend
cd to do about certain contested claims.
Sharp told him the protests were to be
pushed and Borah walked out. He
could not remember any of the con-
versaticn with Borah in detail.