The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1907-09-27

TRIAL
IDAHO'S SENATOR IN
LAND FRAUD CASE.
UNITED STATES ATTORNEY
RuICK is ALSO UNDER FIRE
FOR MISCONDUCT.

States Senator William E. Borah, who
acted as one of the principal prosecu-
tors for the state of Idaho at the re-
cent trial of William d. Haywood,
secretary of the Western Federation of
Miners, will be placed on trial this
week in the United States circuit court
here, charged with conspiring to de-
fraud the government out of title to
1920 acres of Idaho timber land.
Twelve other persons have been in
dicted with Senator Borah, but he
will be the first to face federal jury,
having demanded trial prior to the
time he shall present his credentials
as senator next December in Wash
| ington.
Others of the defendants have inter-
posed demurrers, pleas of abatement
and other legal technicalities, many Of
which are still pending, and have
charged that the United States at
torney, Norman M. Ruick. used i'm
proper and illegal methods while Sc
| curing the indictments. But Senator
Borah has simply entered a plea OF
| not guilty and has forbidden his at
torneys to take advantage of any
technicalities whatsoever. He has
| stated as 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 indictments against Borah and
others, is now under investigation by
specially summoned federal grand
jury, while Judge Whitson, who is to
preside at the Borah trial, began re-
Gently personal inquiry in open court
as to Mr.. Ruick's course, summoning
in attendance all the witnesses cited
to appear before the grand jury.
Charges Against Ruick.
1t has been charged in affidavits of
three former grand jurymen that Mr..
Ruick made an argument of more
than an hours length before the
grand jury and urged that indictments
be voted The district attorney has
admitted that he reviewed for the ben
eft of the grand jury the salient fea-
lures of testimony which covered a
period of four weeks deliberation, but
denies that his remarks were in the
line of an 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 the counter afidavits of nine former
grand jurymen, who say that the tim
Der land cases were not being dis
cussed when the district attorney was
requested to depart.
Borah's Alleged Crime.
The indictments against Senator
Borah and the twelve others charged
that they entered into conspiracy
with 1OS residents of Boise, whereby
the latter were to take up timber
} land claims of 100 acres each, paying
minimum price to the government
and later, when the claims were final
J ly approved, to transfer the land tC
the Barber Lumber company, an Idaho
corporation, whose principal officers
!. are residents of Wisconsin. James 7
Barber and Samuel G. Moon Of Eal
Claire, Wis, are among those indicted
1t is claimed that the 108 entrymer
/ swore that they were taking out the
! claims for their own use and benefi
, and not for speculation. These state
ments are alleged to have been false
and the government attorneys claim
the entrymen had all entered into ;
| NJ In f,,~v tho fn I
:, lumber corporation as soon as thei
claims were proven. It was furthel
claimed that Senator Borah and thu
other conspirators provided funds tt
many of the 108 entrymen to cove
: the expenses Of proving up thei
claims.
: Codefendants All Prominent.
!. The interest aroused by the trial i
g intense in this section of the country
s owing to the prominence of all con
e cerned in the alleged conspiracy. On
r Of the codefendants with Senate
d Borah is Frank Martin, attorney ger
s eral of Idaho under former Governo
It Frank Steunenberg, who was assas
n sinated by Harry Orchard. Anothe
defendants is John Doe" said t.
represent Governor Steunenberg him
SELF
Among the 10S entrymen named a
= part of the conspiracy, but net ir
dicted, are many Of the most prom
. nent business and professional men G
Boise. In some instances five men
!. bers of family, including wives an
daughters, are involved.
h Federal Government Active.
70 The governments interest in tn
r trial of Senator Borah is attested b
g the presence here of three specis
prosecutors, to be assisted and az
N vised by District Attorney Ruick. TIL
y fling of charges against the latter a
lie so Influenced the department of justic
Of at Washington in sending special me
r. here who could in nowise, POLITICAL
or personally, be interested in tn
prosecution, except as cause of ju
N tice. The government claims that til
]. group Of men who operated in Idah
s. were one of three groups who operate