The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-09-23
BORAH'S TRIAL
WILL BEGIN TODAY
Is Charged With Conspiracy 10
0efraud Government in Tim
Der Land Entries.
BOISE PEOPLE IMPLICATED
5oRAH PLEADS NO PART IN CON-
SPIRACY, If ONE.


Boise, Ida. Sept. 22.-United States
Senator William +. Borah, who acted
as one of the principal prosecutors for
the state of Idaho at the recent trial
of William D. Haywood. secretary OF the
Western Federation of Miners, will be
placed on trial tomorrow morning in the
United States circuit court here, charged
with conspiring to defraud the govern
ment out Of title to 1L2S0 acres of Idaho
timber land. Twelve other persons have
been indicted with Senator Borah. but
he vii! be the first the face a federal
jury, having demanded a trial prior 10
the time he shall present his ereden-
tials as senator next December in Wash
ingtOn. Others of the defendants have
interposed demurrers. pleas of abatement
and other legal technicalities, many Of
which are still pending, and have charged
that the United States district attorney.
Norman NJ. Ruick, used improper and
Illegal methods while securing the indiCt-
ments. But Senator BOrah has simply
entered a plea of not guilty and has for
hidden his attorneys TO take advantage
or any technicalities whatsoever. He has
stated as his desire that the case should
be tried on it, merits, The conduct or
the district attorney before the March
grand jury. which returned the indict
ment against BOrah and others. Is now
under investigation by specially sum
mOned federal grand jury, while Judge
WhltsOn, who Is to preside at the 30
rah trial, began yesterday a personal in
quiry in open court as to Mr.. Ruick's
course, summoning in attendance all the
witnesses cited TO appear before the
grand jury. Il has been charged in af-
fidavits of three former grand jurymeH
that Mr.. RuiCk made an argument of
more thai an hours length before the
grand jury and urged that indictments
be voted. The district attorney has ad-
mitted that ne reviewed for the bene-
fit Of the grand jury the salient features
of testimony which covered a period Of
deIihnTQffQn IN
his remarks were in the line OF an ar
gument. 1t is also charged that the dis
trict attorney refused to leave the grand
jury room one day until the indictments
were signed. This charge has been de-
MED in the cOunter-affidavits Of nine
former grand jurymen, who say that
the timber land cases were not being dis
cUssed when the district attorney was
requested to depart
What Indictments Charge.
The indictments against Senator Borah
and twelve others charge that they en-
tered into a conspiracy with los rest
dents of Boise whereby the latter were
to take up timber land claims of 10
acres each, paying a minimum price To
the government, and later, when the
claims were finally approved. to trans
fer the land TO the Barber Lumber conf
pany, an Idaho corporation, whose prin-
cipal officers are residents Of WiscOn-
sin. James r. Barber and Samuel G.
Moon, of Eau Claire, Wis, are among
those indicted. Ii is claimed that tho
los entrymen sWOre that they were tax
ing out the claims for their Gown use
and benefit and not for speculation. These
statements 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 the lumber
corporation as soon a s their claims were
proved. It is further claimed that Sen
atOr BOTah and the other cOnspTatOrs
provided funds to many of the Jos en-
eXnenGPG
out their claims.
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 cO-defendants with Senator BOrah
is Frank Martin, attorney general OF Ida
no under former Governor Frank Steu-
nenbeTg, who was assassinated by Har-
ry Orchard. Another defendant is John
Doe" said to represent Governor Steu-
nenbeTg himself Among the los en-
tryment named as a part of the con-
spiracy, but not indicted. are many OF
the most prominent business and pro
fesSiOnal men Of Boise. In some IN
stances five members Of q family, in
Guiding wives and daughters are in
vOIved
The governments interest in the trial
of Senator BOrah is attested by the pres
ence here of three special prosecutors.
to be assisted and advised by District
Attorney Ruick. The filing of charges
against the latter also influenced the
department or JuSuce at Washington in
sending special men here who could i'm
wise. politically or personally. be in
terested in the prosecution except as a
cause of justice. The government claims
that the group of men who operated in
Idaho were one Of three groups who Ope-
rated in the west and whose prosecutions
have aroused such widespread interest
during the last two wears
While it is not to be denied that the
Barber Lumber company has secured
possession Of the timber lands involved
in the present case, il will be claimed
that Senator Borah acting as counsel
for the lumber company, had no part m
the conspiracy if one existed. and that
he dealt only with the transfer of the
claims after their purchase had been ne
gOtiated In a legal manner
William Sweet, one of the thirteen in
dicted men, IS said to have turned states
evidence. and is also reported in some
quarters to have Tepudiated the confess
sion The reprdiation story is also de-
Mad.