The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-10-01
\ ONLY TESTIMONY CONNECTING
"A SENATOR goRAH WITH
FRAUDS PERMISSIBLE.
COURT IlV1'ERFEIRES
Notifies Prosecution That Freedom
Given in Questioning will Be With
drawn and the Law Must Be Ad.
hered toRecords Of County Clerk
will BE introduced.

Boise, Sept. so.Federal Judge
Whitson, who is presiding at the trial
of Senator Borah, notified the prose-
cution today that the case has reach
ed the point where some testimony
connecting the defendant ON trial with
the alleged fraud and conspiracy must
be introduced The court declared:
N Great latitude has been allowed
YOU in the presentation Of testimony
here on the promise that the defend
ant would be connected with the al
legged conspiracy. But there is a time
when the court has to control the or
der Of testimony. Beginning tomor
row morning he will confne your tes-
timony to the defendant on trial. The
government attorneys said that, act
ing on the suggestion, they would Of
fer in evidence tomorrow the records
of the county clerks Office, where
roSO1CS vi G11l1UC1 OCOuo 11eall UCCu aA7
mitted to record at the request of
Senator Borah.
I'VE thought that matter was con-
ceded and we allowed the deeds them
selves to go into the evidence without
protest. said Mr.. Hawley, chief coun-
sci for the defense. 1--WE are also
willing to admit that Senator Borah
was counsel for the Barbour Lumber
company during the years covered by
the Indictment"
Mr.. Burch of the prosecution said
lifSss desired the county records in evil
dence regardless of the admissions of
the defense.
Judge Whitson's notification to
the prosecution at the conclusion of
the testimony Of the governments two
Important witness gave an official in
timation Of the status 6f the case
against Senator Borah, which became
more significant when Prosecutor
Burch stated tonight that the gov
ernment's case undoubtedly would be
concluded tomorrow.
The testimony today had to do
largely with the actions of former
Governor stuenenberg in land deal
ings. Attorney HaWley protested
against witnesses being allowed to
give conversations with Stuenenberg
and stated they had no bearing on
Senator Borah's case and tended only
to blacken the memory of a man who
can not answer"
The liveliest incident Of the. day
was when i. G. Chapman, manager OF
the Barbour Lumber company, was
called as a government witness. He
brought many books and much cor
respondence, which the government
desires, but he refused point blank to
produce the company's account books
giving the amount paid for timber
lands and to whom.
He declared the information con.
tanned in the books could not assist
the jury in the matter on trial, but
might tend to incriminate Chapman
as an officer and stockholder of the
company. The matter of requiring
Chapman to produce the books goes
over for argument tomorrow. Chap
man has his own counsel and Senator
borah's lawyers to take part in the
arguments.
The important witnesses of the da,
were 3. g. Garrett, receiver of the
Boise land office, and L. T.. Sharp
special agent Of the general land of
fee, who was sent to Idaho by former
Land Commissioner Hermann.
Garrett said that Borah came to hi:
house one evening and asked regard
ing some timber land claims ane
asked if a hearing was to be had OF
them
II indicated to him that the claim
/, were had and told him he had bette
! keep his hands Oft of them, said Gar
rett.
Garrett said that at this time tn
Barbour Lumber company was not !
party Of record in the case.
Sharp, the special agent, said tina
he was introduced to Senator Bora
in the senator's Office by Garrett. II
said he talked to the senator In
general way about allegations of pei
sons living near the timber lands tha
the land contained valuable miners
deposits and should not be given fo
: the lumber that was on them. On
day Borah came to his offlce an
asked what ne intended to do ,abou
certain contested claims. Sharp tol
him the contests were to be pursue'
He could not remember any othe
Conversations wifi Rflra11 In detail