Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-09-23
b0RAH'S TRIAL
IS BEGUN
u. S. Senator Must
Answer Serious
Charge
GREAT INTEREST IN CASE
Over One Hundred Promi.
nent Citizens of Idaho AL.
legged to Be Involved.

Boise, Idaho, Sept, 23-The case
OF United States Senator William f.
Borah, charged with conspiracy to de-
fraud the government ont of valuable
timber lands, was called today. before
Judge Edward Whtson in the United
States district court.
Senator Borah's prominency and
popularity. the leading part he took
In the prosecution of William d. Hay
wood, who was charged with the
murder of Ex-Governor Steunenberg.
and the fact that over one hundred
well known residents OF South Idaho
are alleged to be involved with him
in the so-caled conspiracy, combined
to attract interest to the proceedings
against him practically equal to that
which marked the first Federation
trials here. The district court room
was crowded to overflowing.
Imposing Array of Counsel.
The array Of counsel on either side
is imposing. The government, whose
representatives here freely predict the
hearing to be Of sensational interest,
has practically taken the case out of
the hands Of the local district attor-
ney, Norman E. Ruick, against whom
charges of improper conduct before
the grand jury have been filed, and
assigned the matter to special attor-
neys trained In timber land law and
fresh from successful prosecutions in
other western states. They include
M. 0. Burch, of Detroit, Michigan,
Ands Rush, of Omaha, Nebraska,
special assistants to the attorney gen.
eral of the United States, and United
States District Attorney Timothy F.
Burke, of Wyoming Among Borah's
attorneys is James H. Hawley, senior
counsel for the state in the Haywood
case.
Charged With Timber Frauds.
The indictment against Borah al.
leges that he with twelve co-defend-
ants conspired to defraud the govern
ment of many thousands of acres Of
timber lands In Boise county. 1t Is al.
legged that 100 residents of Boise took
out timber claims and swore in doing
so that they were acting solely in their
own interests whereas they had en-
tered into agreements to turn the land
over to three selected men who, in
turn, were to transfer them to the Ra-
ber Lumber company, of Wisconsin.
All the men indicted except Bor-
ah, filed pleas In abatement on the
grounds of misconduct on the part of
the district attorney, it being alleged
that he made an argument before the
grand jury. The coming on of Sena-
tor Borah's trial with the pleas in
abatement undecided, lends new
complication to the situation.
In beginning the work Of empanel-
ling a jury to try Senator Borah, Dis
trict Attorney Ruick announced form
er Governor Steunenberg was one of
the men indicted with Borah, being
represented in the indictment as
John Doe"
Ruicks Case Before Court.
In hearing the charges against the
United States District Attorney, Ruick
1t developed in the testimony Of the
secretary of the old grand jury that
the names of John Doe" and "Rich-
ard Roe" appearing in the indictments
were not on the list Of names given
him to be voted upon. It also develop
ed that Ruick made extended remarks
to the jury, but there is difference
of opinion, whether he confined him
self to the law, which is permissible,
or renewed the evidence in the case
and summed 1t up as he would before
trial jury. 1t was also developed
that Ruick told the jurors he thought
the evidence warranted an indictment
and that he was acting under direct
orders from Washington. Ruick Is yet