Heppner gazette. [volume] (Heppner, Morrow County, Or.) 1892-1912, 1907-10-10
mot GUILTY"
JURY'S VERDICT
fourteen Minutes of DeIiberation Re.
leases Senator BOrah.
Judge Refused Motion for Instructed
Verdict of Not Guilt, Boise
Rushes to Congratulate Senator
Bells Ring and Bands Play Nearly
All Night.

Boise, Oct. 3.-United States Senator
Borah last night was acquitted Of the
charge of conspiring to defraud the gov
'ernment OF valuable Idaho timber land.
The case was submitted without argu-
ment On the part Of the defense, and
the jury was out just long enough to
take one ballot. The verdict was greet
ed with cheers and applause, which the
court officials made no effort to restrain
This demonstration in the courtroom
served only as beginning. AS soon
as the news reached the outside, bells
were rung and the city fire department
made spectacular run through the
principal streets, stopping eventually
at the Idanha hotel, where Mr.. Borah,
surrounded by several hundred of his
friends and fellow citizens, was escort
ed. A brass band appeared as if by
magic, and, as the senator reached the
hotel steps, played "Hail to the Chief"
The streets about the hotel were block
ed by the cheering throng, whose shouts
mingled with the screech of the fire en-
gne whistles and the clang OF trolley
car bells. Mr.. Borah thanked his hear
,ers for their demonstration and the con-
fidence they reposed in him throughout
the trial.
Mr.. Borah held an impromptu recep-
tion in the courtroom and another in
the lobby of the hotel, where he was
called upon for a speech. Wherever
he went during the evening he was
cheered and congratulated, the verdict
apparently being most popular one
throughout the community.
Events moved fast on the last day OF
the trial. When court met in the
morning, Judge Whitson announced
that he would overrule the motion CT
the defense for an instructed verdict of
not guilty.
Mr.. Borah thereupon took the stand
in his own behalf and gave his expla-
nation of the matter which the govern
ment attorneys urged as tending TO con-
meet him with an alleged conspiracy.
His testimony was a denial of any
knwoledge of fraud and brief, clear
cut statement of all his acts as general
counsel for the Barber Lumber COM
pany. The senator was cross examined
at some length and as soon as this was
over the defense rested.
There being no evidence to rebut, the
government also closed, and argument
was begun after the luncheon recess.
Special Assistant Attorney General r.
r. Rush, OF Omaha, opened for the gov
eminent, and, when he had concluded
a two-hours' address, the defense an
nounced that no argument would be
made on behalf of Mr.. Borah. Both
prosecution and presiding judge were
surprised by this move, and the latter
ordered recess Of an hour in which to
prepare his instructions.
In these he told the jurors the cir
cumstances depended upon to connect
an accused person with a conspiracy
must point exclusively to guilt. If
they were inconsistent, it was the duty
of the jury to acquit. A conviction,
Judge Whitson declared, could not be
found upon suspicious circumstances.
1t was not sufficient, the court held,
that man should be shown to have
-corruptly engage in it, an to have had
guilty knowledge of it's objects.
The jury was out IA minutes. Dur
ing this time no one left the court
room, a verdict of "not guilty. having
been freely predicted and expected after
a very brief deliberation. As soon as
the words mot guilty" fell from the
lips of the clerk the cheering broke
forth. At its conclusion the Judge
slightly repr;manded the audience for
@'improper conduct" but said he would
not attempt to punish anyone for con-
tempt.