The Montgomery advertiser., 1907-09-24
BORAH TRIAL BEGINS
UNITED STATES SENATOR CHARG-
 ED WITH FRAUD CONSPIRACY.
Prominence of the Defendant Draws Large Crowd of Spectators to the Court Room in
 H0fSe.

Boise, Idaho, Sept. 2s.--In beginning the work here today of empannelling a jury to try United States Senator William E. Borah, charged with con- spiracy to defraud the Government of valuable timber lands, District Attor1 ney Norman M! RuicR announced shaA former Governor Steunenberg was one of the men indicted with Senator Bo- rah for conspiracy.
 , Steunenberg is represented in the indictment as John Doe
 The caAe was called today before Judge Edward Whitson in the United States District Court.
 The prominence of Senator Borah in the politics of the State, his personal popularity in this, his home, town, the leading part he took in the prosecu- tion of William D. Haywood. and the fact that more than 100 well-known residents of South Idaho are alleged to be involved with him in the alleged conspiracy, combined to attract great interest in the proceedings.
 The Circuit Court room was crowded to overfiowing when Judge Whitson took the bench. The Government has practically taken the case out of the hands of District Attorney Ruick, against whom charges of improper con- duct before the grand jury has been filed, and assigned the matter to spe- cial attorneys trained in timber land law and fresh from other successful prosecutions. These are H. G. Burch of Denver and s. R. Rush of Omaha both special assistants to the Attorney General of the United States.
 Senator Borahs attorneys include James H. Hawley. senior counsel for the State in the Haywood case; Alfred A Fraser, S. L. Tipton, and Karl Paine, all local attorneys, and c. F. Bundy of Eau Claire, Wis. The latter also represents the interests Of the Barber Lumber Company the corpora ton that Is said to have profited by the alleged frauds.
 The indictment against Senator Bo- rah alleges that he, with twelve oth- ers named as co-defendants, conspired to defraud the Government of many thousands of acres of timber lands In Boise County. As a result of this al legged conspiracy, it is alleged that lOS residents of Boise took out timber claims and swore in doing so that they were acting solely in their own lnter- ests, whereas, these statements are al leged to have been false, ana lt IS al- leged that agreements had been en- tered into whereby the claimants were to +I,rn Their lands over to the others who in turn were to transfer thew to the Barber Lumber Company whose of- Acers make their headquarters In WIS consin and who are said to be affiliated with large lumber interests in the West, Among the 10S claimants are many of Boise's best known citizens m some instances five and six members of one family, including "lVes anu daughters are involved
 Ali of the thirteen men against whom indictments were returned have, with tba excention of Senator Borah and John Doe and Richard Roe, filed pleas of abatement of the indictment on the gronnd of misconduct on the part of the District Attorney 1t oelng aIlegeu that he made an argument betore the grand iurv which is prohibited by law, and refused to leave the grand Jury room on one occasion when requested to do so Judge Whitson began near ing Saturday morning in open court on these charges, the special grand Jury having the matter in hand being ad- tourned for the time being.
 Senator Borah's trial, canning on with pleas of abatement undecided lends a new complication to the situa- ton. for while he has not joined them, a decision adverse to the government would seem to make 1t monument on the United States attorney to take cog nizance in the matter in his case.
 Little or no progress was made at the morning session of court but dur ing an extended afternoon sitting the government attorney temporarily nassed twelve men to the Jury boX' All of these are subject to further eX- animation by the prosecution