The Washington herald., 1907-10-03

Boise. Idaho, Oct. 2.-Senatort Borah
was tonight acquitted Of conspiracy TO
defraud the government OF timber lands.
His counsel rested when his evidence
was finished. and court adjourned until
8 p. m, when Judge Whitson charged
the jury The verdict was promptly rem
dered, and the news spread like wildfre.
The fire department made a spectacular
run. stopping at the leading hotels. all
bells and whistles in the city carried the
news, and the populace swarmed about
the hotel cheering the Senator. who made
brief address Of thanks.
When the trial was resumed to-day.
Judge Whitson refused the motion Of the
defense for a verdict Of not guilty, and
the government rested.
Senator Borah took the stand as the
first witness in his own behalf He said
he had been a personal friend of Gov.
Steunenberg for years prior to his death,
but never was employed as his attorney.
He became general counseI for the Bar
Der Lumber Company in 1853. AS such
counsel, he had several conversations
with Timber Inspector Sharp in regard 10
reports Of fraud and asked 10 be in
formed whenever a fraudulent claim was
unearthed. so his company. which was a
heavy purchaser. might be protected.
ExUIafus NorrfSou.s Visit
The visit Of former Gov. Morrison was
explained by Senator Borah with the
statement that the Barber Lumber Com
pany had purchased a quantity Of scrip
and had prepared 10 scrip the section
where the State had finally decided 10
take up 400 acres. The company's idea
was to scrip the land ahead OF the entry
men.
Gov. Morrison did not give him any
specific information.
As 20 deeds going through his Office.
Senator B0rah said that altogether go
deeds had been so recorded. He had moth
ing 10 do vita amy Of the purchases.
many of which were made long before
he became attorney for the company.
No controversy arising over the deeds.
nothing in regard 20 them was ever re-
ferred 10 him. His inquiry as to why
the lands had been taken up in the names
of Rand, Long. and others, brought for
ward by the government as dummy trus-
tees, Senator Borah said, was answered
by the company officers TO the effect that
if il became known that "a corporation
was in the field. the price of lands would
have been doubled For this same rea-
son the Barber millsite here In Boise was
also purchased in Rands name Senator
B0rah called on the prosecution 10 pro-
duCe the deeds IN court ia confederation
Of this statement.
No Interest in Company
I never prepared a deed from any
entTyman or trustee" said Senator Bo-
rah- Il DO not and never did own a dol
lar Of stock in the Barber Lumber Com
pany. Ny compensation has always been
a fixed salary, and never had any con-
tingent fee or interest. Whatsoever.
At one point OF his cross-examination
Senator Borah was loudly applauded by
the crowd in the courtroom. Judge Whit
son said a repetition Of the demonstra-
tion would result in excluding all specta-
tors
At the conclusion Of BoTah's testimony
the case was rested and arguments of
counsel and the judges charge followed.
Big Tract Involved.
Senator Borah was indicted. along with
twelve others. charged with having con-
spired to defraud the government Of the
title to 1920 acres of timber land in Cen
tral Idaho. Senator Borah had been coun-
sci for number Of persons and firms
that were alleged 10 have been concerned
in the land frauds.
The name Of former Gov. Steunenberg.
who was blown to pieses by Harry
Orchard, came ont i'm the Investigation of
land frauds. and his name did not appear
in very favorable light Senator B0rah.
iswas alleged. had been personal attorney
to Steunenberg- He was attorney for the
Barber Lumber Company. some Of the
officers of which were concerned in the
alleged irregular land deals.
Senator B0rah was the chief sp4ciaI
prosecutor in the case Of William D. Hay
wood, who was tried for murder
Dubois Successor in senate.
William E. Borah was elected 10 sue
ceed Frederick T. Dubois as Senator from
Idaho, having been indorsed for the place
by the Republican State convention. He
is an advocate Of popular election Of SEN
ators and in public addresses has opposed
alliances between corporation interests
and political organizations.
He was born at Fairfield. H.. June %.
1850. but spent his early manhood in Kan
as being a graduate Of the University OF
Kansas. He moved 10 Boise Idaho. i'm
1881, and in 1925 married daughter Of
William J. Mcconnell a former governor