Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-24
IDAHO AGAIN IN
CENTER Of
STAGE
TRIAL OF SENATOR B0RAH
COMMENCES AT BOISE
Work of Selecting Jurymen
Reveals Public Sentiment in
Favor Of Law Maker Ac
cuSed Of Law Breaking,

Boise, Idaho, Sept. 23.-The case Of
United States Senator William E. Bo-
rah. charged with conspiracy to de-
fraud the government of valuable
timber lands, was called today before
Judge Edward Whitson in the United
States district court Senator Borah's
prominence and popularity, the lead
ing part he took in the prosecution OF
William D. Haywood who was
charged with the murder of Governor
Steunenberg, and the fact that over
hundred well known residents Of
southern Idaho are alleged to be in
volved with him in the so-called con-
spiracy. combined to attract interest
to the prosecution against him equal
to that which marked the first of the
Western Federation trials here. The
district court was crowded to over
flowing.
The work Of selecting jury to pass
upon the defendants guilt or inno-
cence was begun. Very little progress
was made at the morning session, as
frequent arguments arose among
counsel as to propriety and legality of
many of the questions asked in the
preliminary examination of the pro-
posed iurymen.
Additional interest was lent to the
trial by the announcement of the
governments attorney that John Doe,
named among Senator BOrah's cO-de-
PENDANTS, was former Governor Frank
Steunenberg killed by a bomb placed
by Harry Orchard The examination
of jurors had not progressed very far
before a vein Of bias developed in fa-
vor of Senator Borah. One of the
jurymen said he had no opinion as to
the senator's innocence because of
what he knew of him as a man and
what his friends thought Of him.
He Vas challenged by the gOvefn>
ment and excused. Judge Whitson
announced that the jury would not be
allowed to separate during the trial.
The array of counsel in either side
is imposing. The government, whose
representatives here freely predict a
hearing of sensational interest, has
practically taken the case out of the
hands of the local district attorney,
Norman e. Ruick against whom
the grand jury, have been filed, and
assigned the matter to special at
torneys trained in timber land laws
and fresh from successful prosecu-
tions in other western states. These
include NJ. c. Bureh, of Detroit, and
S. N. Rush. of Omaha, special assist
ants to the attorney general, and
United States District Attorney Timo-
thy T.. Burke, of Wyoming. Among
Senator BOrahs attorneys Is James
Hawley senior counsel for the state
in the Haywood case.
The indictment against Borah al
leges that he, with twelve co-defend-
ants, conspired to defraud the gov
ernment of many thousands of acres
of timber lands in Boise county. 1t ia
alleged that one hundred and eight
residents of Boise took out timber
claims and swore in doing so that
they were acting solely in their own
interests whereas they had entered
into agreements to turn the lands
over TO three selected men. who in
turn We're to transfer them to the
| Barber Lumber company, of Wiscon-
sin
All the men indicted except Senator
Borah filed pleas In abatement on
the BiOuliu VI lit dlltbtu illSCoHuuD'
of the district attorney, il being al
legged that he made arguments before
the grand jury.
In a hearing of the charges against
Ruick II developed in the testimony of
the secretary OF the old grand jury
that the names of John Doe" and
Richard Roe" appearing in the in
dictments were not on the list of
names given him to be voted upon. 1t
also developed that Ruick made ex-
tended remarks to the jury but there
! is a difference of opinion whether he
confined himself to the law. which Is
permissible or reviewed the case IN
evidence and summed up as he would
before a trial jury II was also de-
veloped that Ruick told the jurors he
| thought the evidence warranted the
| Indictment and that he was acting un-
/ der direct orders from Washington,
Ruck is yet to be heard in his own
l dafauqa