Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-23
Intense Interest in Trial of Sem
ator Borah Which Involves
Many Of the Most Prominent
Men in the State of Idaho.
DEFENDANT PERSONAL
FRIEND OF ROOSEVELT
Waving TechnicaIitieS Invoked
By Partners in Transaction
Accused Senator Only De-
mandS Immediate Hearing,

mandS Immediate Hearing,
Boise, Idaho, Sept. 22.-United
States Senator William e. Borah, who
acted as one of the principal prose-
cutors for the state of Idaho at the
recent trial of William ID. Haywood,
secretary of the Western Federatiop
of Miners, will be placed on trial to-
morrow morning, in the United States
court here, charged with conspiring to
defraud the government of 1920
acres of Idaho timber land. Twelve
other persons have been indicted with
Borah, but he will be the first to face
the federal jury, having demanded
trial prior to the time he shall present
his credentials as senator next Decem-
her in Washington. Others of the de-
PENDANTS have interpOsed demurrers
pleas in abatement and other legal
technicalities, many of which are still
pending, and have charged that
United States District Attorney Nor
man Nj. Ruick used improper and H.
legal methods while securing the in
dictments.
But Mr.. Borah has simply entered .
plea of not guilty and has forbidden
his attorneys to take advantage of any
teehnicalities whatsoever. He has
stated his desire that the case should
be tried on it's merits
The conduct of the district attorney
before the March grand jury, which
returned the Indictment against Mr.
Borah and the others, is now under
investigation by specially summoned
federal grand jury. while Judge Will
son. who Is to preside at the Borah
trial, began yesterday a personal in
quiry In open court as to Mr. Ruick's
course, summoning in attendance all
the witnesses cited to appear before
the grand jury.
1t has been charged in affidavits Of
three of the former grand jurymen'
that Mr.. Ruick made an argument IF
more than an hours length before the
grand Jury and urged that the indict-
ments be voted. The district attorney
has admitted that he reviewed for the
benefit of the grand jury the salient
features Of the testimony which COW
cred a period Of four weeks delivera-
tion, but denied that his remarks were
in the line of argument 1t is also
charged that the district attorney re-
fused to leave the grand jury room
one day until the indictments were
signed. This charge has been denied
in counter affidavits of nine Of the
former grand jurymen who say that
the timber land cases were not being
discussed when the district attorney
was requested TO depart
The indictments against Borah and
the twelve others charge that they
entered into a conspiracy with 1OS
residents OF Boise whereby the latter
we're To take up timber land claims Of
100 acres each, paying a minimum
price to the government, and later,
when the claims were finally approv-
ed. TO transfer the land to the Barber
Lumber company. an Idaho corpora
tlon, whose principal officers are resi-
dents of Wisconsin. 1t Is claimed that
these los entrymen swOre they were
taking out the claims for their own
use and benefit and not for specula-
ton These statements are alleged to
have been false, and the government
attorneys claim the entrymen had all
entered into a contract to turn the
lands over to the lumber corporation
as soon as their claims were proved.
It Is further claimed that Senator
Borah and the other alleged conspira-
tors provided funds TO many of the
los entrymen to cover their expense
in taking up their claims. The inter-
est aroused by the trial Is intense In
this section Of the country owing to
the prominence of all concerned In the
alleged conspiracy.
one OF the co-defendants with Sena>
tor BOrah Is Frank Martin, attorney
general OF Idaho, under former Gov
ernOr Frank Steunenberg, who was as
sasslnated by Harry Orchard. AnOth-
A. TAh - uutH IN
represent Governor 'Steunenberg him
self.
Among the los entrymen named In
the conspiracy, bul not indicted. are
many OF the most prominent business
and professional men OF Boise. In
some instances. five members Of a
family, including wives and daughters,
are involved. The government claims
that the group Of men who operated
in Idaho were one Of the three groups
who operated In the west and whose
prosecutions have aroused such wlde-
spread interest during The last two
years.
II is likely that the trial Of George
PettlbOnc, who was indicted with Hay
wood and Meyer for the murder OF
exc Overnor Steunenberg. will have 10
be postponed az a result OF the B0r0h
trial. In that case. attorneys for the
Western Federation OF miners viii
probably demand his release on bail.
In Borah should be convicted Il is gem
orally believed that the cases against
Pettlbone and Meyer would be drop
ped. Borah has been the malnstay Of
the state IN the prosecution Of the
federation leaders. and II he should be
convicted Of a crime Il would serve
to thoroughly dlseredlt the state Ia
the steunenberg case.
The case for the government VIII
be conducted BY Attorneys 3. NJ &,
Burch. Of Denver. and S. n. Rush, Of
Omaha The latter ~ a special naalst-
ant attorney general. representing the
department Of Justice He has re-
lleved District Attorney Hulck IN thea''
cnaes, owing 70 the allegation d boreh