The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-09-25
OPENING STATEMENT IN
SENATOR BORAH'S CASE
Prosecution Reveals Its Charge in Sensational
Address by Attorney Burch
Of Detroit, Mich.
Conspiracy Formed by Steunenberg- Kept Out
Mr.. BorahS Part in the Game.

former in the Haywood prosecution
serves further to link the two trials in
the view Of those witnessing the some
what celebrated causes.
Federal Judge Whitson who came from
Spokane to preside at the trial at the
request of Judge Dietrich of this juris-
tude in the examination of prospective
jurors This is due partly to the fact
that the government attorneys are con-
fronted by many men who claim politi-
cal and personal acquaintance with Sen
ator Borah and who declare that it would
take exceptionally strong evidence to de-
stroy the regard in which they have al
ways held him. The government is &C
cepting only those men who declare that
the senator's exalted position would not
deter them in dealing equal and exact
justice as between him and the United
States.
Ruick the InquIsitor.
District Attorney Ruick, against whom
charges of improper conduct before the
grand jury are pending, is conducting the
examination of the jurors and is putting
each candidate for the trial panel through
a long series of questions as to what he.
ney's course in the matter
The defense at first objected to many
of the interrOgations, but eventually al
lowed Mr.. Ruick to have his way with
out hindrance.
HAS it ever appeared TO you" asked
the district attorney of each talesman,
that the charges against Senator BO-
fect?'' y ''-i'~'' 40 -'''
do you believe the statement appear
ing in a local paper. that the govern
ment at Washington was displeased with
the action of the district attorney in
permitting the indictment of Senator Bo-
rah?'
AS TO Newspaper Stories.
Have you from reading the papers
imbibed or gained the impression that
,F oTll
frauders was not in good faith-that the
government was not behind the prose-
cutors?"
Have you formed an opinion that the
district attorney did not act in good faith,
but from personal motives?"
Would the argument that the govern
ment having received in the first in
stance it's full price for the timber lands
taken influence you to disregard any
unlawful acts which surrounded the
operationT'
Would you be slow to believe any,
thing rejecting upon Governor Steunen-
berg or any other man of your COM
long?'
dence OF a man who confessed to per-
jury before the land office If the govern
ment has to depend upon the testimony
Of such men TO make out it's case9"
Clashes of Counsel.
The opposing counsel have had several
clashes on the question as to whether
or not a juror cap be disqualified be-
cause of his belief or disbelief that a
conspiracy to defraud the government
existed regardless of Senator Borah's
connection or disconnection with it The
government authorities contend that IL a
Juror has a belief as TO the guilt or in
nocence of any one of the twelve per-
sons indicted with Senator Borah II dis
qualities him from serving as a juror
for Senator Borah. The defense con-
tends that Senator Borah is the only
defendant at bar at this time and the
guilt OF innocence of the others has no
thing to do with his case. In this con-
nection Attorney A. A. Fraser, of coun-
sci for the defense. made the statement
that ninety-nine out of every hundred
persons in Idaho probably believe there
was a conspiracy.
Relates Solely to Borah.
The question before the court for de-
termination, however, is only as to
whether or not Senator BOrah was in
any way connected with such a con-
spiracy.
The government attorneys, after con-
sulting authorities came to the conclu-
sion held by the defense, and withdrew
their challenge against those Jurors who
said they had some opinion as to the ex-
istence of a conspiracy but were not sat
isfied of Senator Borah's connection
with It.
One of the Jurors passed yesterday was
discharged today because of prejudice
against any and all corporations and
their officers.