Los Angeles herald., 1907-10-01
BORAH NOT
IMPLICATED
PROSECUTION MUST CONNECT
SENATOR WITH CASE
NO PROOF OF GUILT HAS YET
BEEN PRODUCED
Federal Judge Announces That De-
fendant Must Be Shown to Have
Had Part In Idaho Land
Frauds
BY Associated Press.

BY Associated Press.
BOISE, Idaho. Sept. So.-Federal Judge
Whitson, who is presiding at the trial of
United States Senator William E. Borah,
notified the prosecution today that the
case had reached the point where some
testimony connecting the defendant on
trial with the alleged Idaho land fraud
conspiracy must be presented.
The attorneys for the government, act
offer in evidence tomorrow the records
of the county clerks office, showing that
scores of timber deeds mad been ad-
mitted to record at the request of Sem
ator Borah. I'VE thought that the mat
ter was conceded when we allowed the
deeds themselves to go into evidence
without protest." put in Mr.. Hawley,
chief counsel for the defense.
Mr.. Burch of the prosecution said he
desired the county records in evidence,
regardless of the admissions of the de-
fense. Judge Whitson's notification to
the prosecution came at the conclusion
of the testimony of the governments two
most important witnesses.
The trial went on this afternoon after
an abandonment Of the morning session
because of the Illness of one of the jur-
ors, which was thought for time to be
of such nature as to cause a serious
delay in the conclusion of the case.
The testimony again had to do lagely
with the actions of former Governor
Steunenberg in land dealings. Attorney
Hawley protested against witnesses be-
ing allowed to give conversations with
Steunenberg. He said they had no bear
ing on Senator Borahs case and tended
only ito blacken the memory of a man
who cannot answer"
Refuses to Produce Books
The liveliest incident of the day was
when L. G. Chapman of the Barber Lum-
ber company was called to the stand as
government witness. Mr.. Chapman
brought many books and much corre-
spondence which the government desired,
but refused point blank to procure the
scompanys account books showing the
amounts paid for timber lands and to
whom. He declared the information con-
tanned In the books could not assist the
jury in the matter on trial. but might
tend to incriminate Chapman as an Of
ficer and stockholder in the company.
The matter Of requiring Chapman to
procure the books went over for argu-
ment tomorrow. Chapman has his own
counsel and Senator Boraf's lawyers
| took no part in the controversy.
Two important witnesses of the day
were e. q. Garrett, receiver at the Boise
land office, and L.. l.. Sharp. the special
agent of the federal land office, who was
sent to Idaho by former Land Commits
sioner Binger Hermann.
Talked with Borah
Garrett said that Borah came to his
house one evening and asked regarding
some contested land claims as to
whether clearings were to be had on
them.
"I indicated to him that the claims
were bad and told him he had better
keep his hands out of them," said Gar
rett.
At this time the Barber Lumber COM
pany was not a party of record In the
cases. Sharp, the special agent, said he
was introduced to Borah in the latters
office by Receiver Garrett. He talked to
the senator In a general way about alle-
cations of persons living near the timber
lands, that the land contained valuable
mineral deposits and should not be given
for the lumber that was on it. There
was also charge that the timber claims
were not in good faith. One day Borah
came to his office and asked what he
intended to do about certain contested
claims. Sharp told him the protests were
to be pushed and Borah walked out. He
could not remember any of the conversa-
tionS with Borah in detail.