Albuquerque citizen., 1907-09-23
GRAND JURY IADICTSI
DEAD GOVERNOR
OF IDAHO
AS John Doe" He Figures In
Same IndiCtmentas United
States Senator
BOrah.
.lATTER'S TRIAL
ATTRACTS CROWDS
Prominence of Defendant and
Fact That Scores Of Other Men
Are Interested In Alleged
Conspiracy Causes
Much Interest.

Boise, Idaho, Sept. 23.-It develop
ed today in the opening of the trial
of United States Senator Borah, ac-
cused of conspiracy to defraud the
government of land. that an indict-
ment had been returned by the
grand jury against Ex-Governor
Frank Steunenberg, under the name
of John Doe,'s charging the govern
or, who was killed some time ago,
with completely in the conspiracy. 1t
is one of the few cases of the kind
on record.
The case of United States Senator
William f. Borah, charged with con-
spiracy to defraud the government of
valuable timber lands was called
today before Judge Edward Whitson
in the United States district court.
Borah's prominence and popular
ity, the leading part he took In the
prosecution of William ID. Haywood,
who was charged with the murder of
| Ex-Governor Steunenberg, and the
fact that over one hundred well
known residents of south Idaho are
alleged to be involved with him in
| the so-called conspiracy, combined to
| attract interest to the proceedings
against him, practically equal to that
| which marked the first of the West
ern Federation trials here. The dis
| overfiowing.
Imposing Array of Counsel.
The array of counsel on either side
1 is imposing. The government, whose
| representatives here freely predict a
\ hearing of sensational interest, mas
practically taken the case out or the
| hands of the local district attorney,
| Norman E. Ruick, against whom
| charges of improper conduct before
| the grand jury have been filed, and
| assigned the matter to special at
| torneys trained in timber land laws
and fresh from successful prosecu-
| tons in other western states. These
| include NJ. c. Burch, of Detroit, and
is. N. Rush, of Omaha, special as
sistants to the attorney general, and
| United States District Attorney Timo-
thy f. Burke, of Wyoming. Among
Borah's attorneys Is James II. Haw-
ley, senior counsel for the state in
the Haywood case.
Conspiracy Alleged.
The indictment against Borah al
leges that he, with twelve co-defend-
ants, conspired to defraud the gov
ernment of many thousands acres of
timber lands in Boise cou4ty. 1t is al
legged that one hundred 'and eight
| residents of Boise took out timber
claims and swore in doing 50 that
they were acting solely in their own
interests whereas they had entered
into agreements to turn the lands
over to three selected men. who in
turn were to transfer them to the
Babber Lumber Co., of Wisconsin.
All the men Indicted except Senat-
or Borah filed pleas in abatement on
the ground of the alleged misconduct
of the district attorney, 1t being al
legged that he made argument before
the grand jury. Borah's trial coming
on with these pleas of abatement un-
decided, lends new complication to
the situation.
Indicted Dead Governor.
In beginning the work of empan-
nelling a jury to try Senator Borah
District Attorney Ruick announced
that former Governor Steunenbere
was one of the men indicted with
Borah, he being represented in the
Indictment as John Doe"
Charged Against Ruick.
In a hearing OF the charges against
Ruick il developed in the testimony
of the secretary Of the old grand jury
that the names Of John Doe" and
Orchard Roe" appearing in the in
dictments were not on the list OF
names given him to be voted upon
1t also developed that Ruick made
extended remarks TO the jury bu
there is difference OF opinion whether
ne confined himself to the law
which is permissible or reviewed the
case in evidence and summed up as
he would before a trial jury. 1t wa!
also developed that Ruick told the
Jurors he thought the evidence war
ranted the indictment and that b;
was acting under direct orders from
Washington. Ruick Is yet to b'
heard I'm his own defense.