Troy weekly news. (Troy, Idaho) 1897-1933, 1907-09-27
BORAH TRIAL Is ON
SENATOR OF IDAHO In LAND
FRAUD CASES.


dicted and Are to Stand Trial Soon
~. S. Attorney Ruick Charged by
Jurymen With Using Undue In
fluence With Them to Land Rorah.
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
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 inn
proper and illegal methods while Sc
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
a 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 afidavits 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 affidavits of nine former
grand ipzgmen, 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 10S residents of Boise, whereby
the latter were to take up timber
land claims of 100 acres each, paying
a 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 T
Barber and Samuel G. Moon of Eau
Claire, Wis, are among those indicted
1t is claimed that the 10S 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
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 "Inhn Doe said to