Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1907-09-28

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

Boise, Idaho, Sept. 23.-United
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
1880 acres of Idaho timber land.
Twelve other persons have been in
dicted with Senator Borah, but he
will be the first to face a federal jury,
having demanded a trial prior to the
time he shall present his credentials
as a 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 NJ. 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 its 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
a specially summoned federal grand
jury, while Judge Whitson who is to
preside at the BOrah trial began re
Gently a personal inquiry in open court
as to MIR. Ruick's course, summoning
in attendance all the witnesses cited
to appear before the grand jury.
Charges Against Ruck.
1t has been charged in affidayits 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 WEI q
signed. This charge has been denied
in the counter affidavits of nine former
grand jWymen, 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 a conspiracy
with 108 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
ly approved, to transfer the land to
the Barber Lumber company, an Idaho
corporation, whose principal officers
are residents of Wisconsin. James r.
Barber and Samuel G.. Moon of Eau
Claire, Wis, are among those indicted
IT is claimed that the 108 entrymen
swore that they were taking out the
claims for their own use and benefit
and not for speculation. These state
ments 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 a
lumber corporation as soon as their
claims were proven. 1t was further
claimed that Senator Borah and the
other conspirators provided funds to
many of the 10S entrymen to cover
the expenses Of proving up their
claims.
Codefendants All Prominent.
The interest aroused by the trial is
intense in this section of the country,
owing to the prominence of all con-
cerned in the alleged conspiracy. One
of the codefendants with Senator
Borah is Frank Martin, attorney gen
eral of Idaho under former Governor
Frank Steunenberg, who was assas-
sinated by Harry Orchard. Another
defendants is John Doe" said to
represent Governor Steunenberg him
self
Among the 108 entrymen named as
part of the conspiracy, but net in
dicted, are many of the most promi-
rent business and professional men of
| Boise. In some instances five men,
bers of a family. including wives and
| daughters, are involved.
Federal Government Active.
The governments interest in the
trial of Senator Borah is attested by
the presence here of three special
| prosecutors, to be assisted and adj
yised by District Attorney Ruick. The
fling Of charges against the latter al