Free press., 1907-09-28
senator B0RAH ON TRIAL
Work of Empanelling a Jury in
Land Fraud Case Begins at
Boise, Idaho.
MUCH INTEREST IN TIE PROCEEDINGS
Federal Court Room Crowded to Over
flowing When Court Opened-Gov-
ernment Representatives Predict
Hearing Of Sensational interesting
posing Array of Legal Talent

posing Array of Legal Talent.
Boise ida, Sept 24.-In beginning
the work here Monday of impanelling
a jury to try United States Senator
VIM. E. Borah, charged with conspir-
acy to defraud the government. of val
liable timber lands, District Attorney
Norman NJ. Ruick announced that For
mer Governor Frank Steunenberg was
one of the men indicted with Senator
Borah for conspiracy. Steunenberg is
represented in the indictment as John
Doe.
The case was called Monday morn
ing before Judge Edward Whitson in
the United States district court. The
prominence of Senator Borah in the
politics of the state, his personal popu-
larity in this his home town, the lead
ing part he took in the prosecution of
VIM. Haywood, charged with the muir
der CT Gov. Steunenberg and the fact
that more than 100 well known resi-
dents of South Idaho are alleged to
be involved with him in the so-caIled
conspiracy, combined to attract an in
terest in the proceedings against him
nearly equal to that which marked the
first of the Western Federation of Min
ers trial here.
The court was crowded to overflow
ing when Judge Wilson took the
bench. The array of counsel on either
side was imposing. The government,
whose representatives here freely pre-
dict a hearing of sensational interest,
has practically taken the case out of
the hands CT District Attorney Ruick,
against whom charges of improper
conduct before the grand jury have
been filed and assigned the matter to
special attorneys trained in timberland
law and fresh from successful prose
cution in other western states. These
are NJ. c. Burch, of Detroit, and S. r.
Rush, of Omaha, both special assist
ants to the attorney general of the
United States. There also was pres
ent Monday, Timothy F. Burke, Uni
ted States district attorney at Chey-
enne, who was sent to Boise to as
sist the special grand jury now in
session in it's investigation of the
charges against District Attorney
Ruick. Senator Borah's attorneys in
clude James H. Hawley, senior coun-
sci for the state in the Haywood case;
Alfred A. Frazer, S. l.. Upton and
= Carl Paine.
> The indictment against Senator
Borah alleges that he with twelve
others named as co-defendants, con-
spired to defraud the government of
many thousand acres of timber land
In Boise county. AS result of this
alleged conspiracy, it is alleged that
1OS residents of Boise county took out
timber claims and swore in doing so
that they were acting solely in their
own interests, whereas these state
ments are alleged to have been false,
and it is alleged that agreements had
been entered into whreby the claim
ants were to turn their lands over to
others, who IN turn were to transfer
them to the Barber Lumber Co.,
whose officers make their headquar-
ters in Wisconsin and who are said to
be affiliated with large lumber inter
ests in the West Among the 1OS
claimants are many of Boise's best
known persons. In some instances
five and six members of one family,
including wives and daughters, are
involved.
All of the 13 men against whom
indictments were returned have, with
the exception of Senator Borah and
John Doe and Richard Roe, filed pleas
of abatement Of the indictments on
the ground of misconduct on the part
of the district attorney, it being al
legged that he made an agreement be-
fore the grand jury which is prohibit
ed by law, and refused to leave the
grand jury room on one occasion
when requested to do so. Judge Whit
son began a hearing Saturday morn
ing in open court on these charges,
the special grand jury having the mat
ter in hand being adjourned for the
time being.
Senator Borah's trial coming on
with the pleas in abatement undecid-
ed lends a new complication TO the
situation for, while he has not Joined
in them, decision adverse to the gov
ernment would seem to make it in
cumbent on the United States attor-
ney's to take cognizance of the matter
in his case.