The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-23
HE'S NO DODGER.
Senator BOrah's Wish to Be
Tried at Once
Is Compiled With Today at
Boise, Idaho.
FOR LAND GRATING.
He Is Charged With Conspiring
to Defraud Uncle Sam.
Title to 1880 Acres of Timber
Is Involved.

is Involved
Eoise, Idaho, Sept 23.-United States
Senator William E. Borah, who acted
as one of the principal prosecutors for
the state of Idaho at the recent, tria,
of William d. Haywood, secretary of
i-the Western Federation of Miners, was
placed on trial this morning in the
United States court. here charged with
collsplring to defrdud the government
out of title 20 1890 acres OK Idaho tim
Der land. Twelve other persons have
been indicted with Senator Borah, but
he is the first to face a federal Jury.
having demanded II ial prior to the
| lime he shall present his credentials as
| a senator next December in Washing
ton. Others of the defendants have in
terposed denurrers, pleas in abatement
ana other legal technicanties, many OF
which are still pending and have
charged that the United States district
attorney. Normal NJ. Ruick, used i'm
/ proper and Illegal methods while secur-
ing the indictments. But Senator
Borah has simply entered a plea of not
guilty and has forbidden his attorne%s
to take advantage of any technicalities
whatsoever. He has stated as his de-
sire that the case should be tried on its
merits.
The conduct of the district attorney
| before the March grand jury which re-
turned the Indictment against Senator
BoTah and others is now under investi-
cation by a specially summoned federal
grand jury while Judge John Wilson.
who presides at the BCrah trial. has be-
gun personal inquiry in open court as
TO Mr.. Ruick's course, surnmoning in
attendance all the witnesses summoned
1 to appear before the grand jury.
1t has been charged in affidavits of
, three former grand jurymen that Mr..
argument
than an hours length before the
grand jury. and urged that indictments
be voted. The district attorney has
admitted that he reviewed for the
| benefit of the grand jury the salient
features OF the testimony which COW
| cred a period of four weeks delibera-
ton, but denied that his remarks were
in the line of an argument. 1t is also
| charged that the district attorney re-
fused to leave the grand jury room
| one day until the indictments were
| signed. This charge has been denied,
in the counter afidavits of nine form
er grand jurymen who say that the
timber land cases were not being dis
cussed when the district attorney was
requested to depart.
The Borah Indictments.
The indictments against Senator
Borah and the twelve others charge
that they entered into a conspiracy
with los residents of Boise whereby
the latter were to take up timber land
Z
minimum price to the government and
later, when the claims were finally ap-
proved, to transfer the land to the
Barber Lumber company, an Idaho
corporation whose principal officers
are residents of Wisconsin. James T.
Barber and Samuel G.. Moon of Eau
Claire, Wis, are among those in
dicted. 1t is claimed that the los en-
trymen swore that they were taking
out the claims for their own use and
benefit, for speculation. The state
ments 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 as their
claims were proved. 1t is further
claimed that Senator Borah and the
other conspirators provided funds to
many of the 10S entrymen to cover
the expenses of taking out their
claims. The interest aroused by the
trial is intense in this section of the
country owing to the prominence to
all concerned in the conspiracy. One
of the codefendants with Borah is
Frank Martin, attorney general of
Idaho under former Governor Frank
Steunenberg, who was assassinated by
Harry Orchard. Another defendant
is John Doe" said to represent Gov
ernor Steunenberg himself. Among
the 10S entrymen named as a part of
the conspiracy, but not indicted, are
many of the most prominent business
some instances, five members of
family including wives and daughters,
are involved.
The government interest in the trial
of Senator Borah is attested by the
presence here of three special prose-
cutors. to be assisted and advised by
District Attorney Ruick. The filing
of charges against the latter also in
fuenced the department of justice at
Washington in sending special men
, here who could in wise politically
or personally, be interested in the
prosecution except as cause of JUS
tice The government claims that the
group of men operated in Idaho
were one of three groups who oper-
ated in the west and whose prosecu-
lions have aroused SUCH widespread
interest during the last two years.
While it is not to be denied that the
Barber Lumber company has secured
possession of the timber lands in
VOWED in the present case it will be
claimed that Senator Borah, acting as
counsel for the lumber company, had
no part in the conspiracy, If one ex-
listed and that he dealt only with the
! transfer of the claims after their pur-
chased had been negotiated in a legal
manner.
William Sweet, one of the thirteen
men indicted, is said to nave turned
states evidence, and is also reported
in some quarters to have repudiated
his confession. The reputation story
is also denied.
TOM JOHNSON IS NOMINATED.