The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-09-24
HEARING or CHARGES AGAINST
IDAHO SENATOR OPENS
Ar BOISE.
SENSATION | SPRUNG
'nistrict Attorney Ruiek Announces
That Former Governor stuenenbers
Was Among Indicted-lmposing Ar
ray Of counciI-lnvestisate Ruiek's
Conduct.
(Ry Associated Press.l

& (By Associated Press.)
Boise, Sept. 23.--In beginning the
impanneling Of a jury to try Senator
w. Il. Borah, charged with completely
to defraud the government out Of tim
her lands, today, District Attorney
Ruick announced that former Governor
Stuenenberg was one Of the men in
dicted with Senator Borah by the re.
cent grand jury on charge OF conspir-
'acy to defraud the government Stue-
nenberg is represented in the indict-
ment as John Doe.
When the case against Senator Bor-.
ah was called today before Judge Ed
ward Whitson Of the United States
district court, the court room was
crowded. The prominence Of Senator
Borah in politics of the state, his per
sonal popularity in his home town, his
being leading attorney in the prosecu-
tion of William D. Haywood, charged
with the murder of former Governor
'Stuenenberg, and the fact that more
than 100 we'll known residents of
south Idaho are allaged to be involved
with him in the so-called conspiracy,
combined to attract an interest in the
proceedings against him, nearly
equal to that which marked the first
of the cases against officers of the
Western Federation Of Miners. The
circuit court was crowded to over
flowing when Judge Whitson took the
stand at 10 o'clock The array OF
counsel on either side was imposing.
The government representatives here
freely predict a hearing filled with
sensation and interest. 1t has prac-
tically taken the case out of the hands
of Local District Attorney Ruick,
against whom charges OF improper
conduct before the grand jury have
been filed, and confined the matter to
special attorneys, famed in timber
land law and fresh from successful
prosecutions In other western states.
They are NJ. B. Burch of Detroit and
S. r. Reese of Omaha, both special as
sistants to the attorney general OF
the United States. There was also
present today Timothy S. Burkes, dis
trict attorney at Cheyenne, Wyo., sent
to Boise to assist the special grand
jury now in session in investigating
the charge against District Attorney
Ruick Senator Borah's attorneys in
clude James FL. Hawley, senior coun-
sci for the state in the Haywood case;
Alfred TT. Fraser, S. L. Pitton and
Carl Payne, all local attorneys, and
b. If. Lundy of Eau Claire, Wis. The
latter also represents the interests of
the Barbour Lumber company, the
corporation which is said to have prof
tied by the alleged fraud and some Of
whose officers have been indicted.
All Of the 13 men against whom in
dictments have been returned, with
the exception of Senator Borah, John
Doe and Richard Roe, have filed pleas
in abatement against the indictments
on the grounds of misconduct on the
part of District Attorney Ruick, 1t be-
ing alleged that he made an argument
before the grand jury and refused to
leave the grand jury room on one
occasion when requested to do SO.
Judge Whitson began hearing Sat
urday morning in open court on the
charges. The special grand jury
having the matter in hand was ad-
journed for the time being. Senator
Borah's trial coming on with the
pleas in abatement undecided lends
a new complication to the situation,
for while he has not Joined in them, a
decision adverse to the government
would mean to make it incumbent up
on the United States attorneys to take
cOgnizance OF the decision in his case.
In the hearing of the charges against
Mr.. Ruick It developed in the testi-
mony OF the secretary OF the old grand
jury that the names Of John Doe and
Richard Roe, appearing in the indict-
ments, were not on the list OF names
given to him TO be voted upon. Tt also
developed that Mr. Ruick made eg-
tended remarks TO the jurors, but there
is 9 division Of opinion as to whether
he confined himself to the law, which
is permissible, or whether he reviewed
the evidence and summed up as he
would before trial jury. tt was also
testified that Mr.. Ruick told the jury
ne thought the evidence warranted
an Indictment and also reiterated the
statement several times that he was
under direct orders from Washington