The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1907-10-02

Boise, Idaho, Oct. 2. - AT the Oon-
clusion Of the governments case
against Senator Borah yesterday the
defense entered motion for acquit-
tai on the grounds that no evidence
ten ling to connect Senator Borah
with a land fraud conspiracy had
been adduced,
The motion was argued at length
by Special Prosecutors Rush and
Burch and by James II. Hawley for
the defense. Senator Borah's ooun.
sci waived the opening argument on
the motion and Mr.. Hawley declared
be would not have spoken at all had
1t not seemed TO him that the govern
ment's counsel had either intention
ally or willingly misinterpreted
much of the testimony before the
court. The jury was not present dur.
ing the argument.
Mr. Rush, in opening the argument
for the government, said that there
had certainly been tangible evidence
OF a conspiracy on the part of few
persons at least, and in this view
Judge Whitson said he coincided with
the attorney that the evidence against
Senator Borah was circumstRntial. MIR.
Rush said it tended to show that the
defendant acted In concert with the
other illegal conspirators to the ex
tent at least Of receiving In his
office the deeds resulting from fraud
and having these deeds recorded at
his bequest. This act of the defend
ant, MIR Rush declared, placed him
In the light Of one who receives Stol-
en- property and required an explana-
tion. Mr.. Burch also argued that
there we're enough suspicious eircum-
stances to put the defendant upon
his answer and argued that an attor
ney had no privilege above the or
binary citizen of the United States.
The whole scheme OF securing the
lands, Mr. Burch declared, reeked
with fraud, which the defendant, as
an attorney, must have had know
ledge. Whether the government had
presented a strong case, be con
cluded, was not the question; but
the court should inquire only If there
we're facts tending to establish a the
DRY Of possible guilt.
HAWLEY'S SPEECH.
Mr.. Hawley, replying, charged on
posing counsel with an entire misap-
prehensiou of the Law lie SAID they
we're proceeding on the theory that a
defendant must prove himself inuo
cent rather than the government
should prove him guilty. Every
presumption in the e. violence must be
in favor Il the defendant. Every act
Of Senator BoTah's TO which the eEi
dence Lad alluded was shown to be
open and aboyeboRrd, and in pursu-
anoe Of honesty Of purpose. Every
step taken by the defendant was the
proper action of an attorney protect
ing the interests Of his client and
WAS susceptible of no other interpre.
tation. Mr.. Hawley claimed that
the evidence of the governments own
witnesses was to the effect that Sen
ator Borah always announced that he
was acting as attorney and that his
desire was to protect his clients, the
Bar Der Lumber company, from secur-
ing claims tainted by fraud.
RUICK INVESTIGATION.
With the Borah trial approaching
its close matters before the special
grand jury which was called to inves.
tigate charges OF N isconduct against
Mr. Ruick are also coming to focus
and a report IL expected at any time.
One Of the most important phases
of the grand jury's inquiry Is now
under way. This is in regard to the
rumor that the Western Federation
Of Miners spent considerable money
ia helping TO secure the indictment
Of Senator Borah, who had been en-.
gagged as special prosecuting attorney
for the state In the Haywood case.
In connection with this inquiry the
grand jury has had before it an afi-
davit made by George Y. Wallace, Jr.,
of Salt Lake City. Wallace swore
that be met Fred Miller Of Spokane,
one of the federation attorneys in
Salt Lake last April and mat Miller
declared that the miners Of Ogden
had spent $40, 600 for the defense
fund up to the time of the month be-
fore the trial.
he also said that Miller told him
S15, 600 Of this amount was spent in