The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-07-04
Will Not be Tried.

Seemingly the Wisconsin attorney for the Bar
Der Lumber company who was in Boise this week,
knows what is going to happen next. Many not of
the Barber Lumber company, but politically wise,
have presumed that they could forecast the future
with reasonable accuracy The attorney for the lum
Der company said to the newpaper interviewer in
Boise on Monday that he "dd not believe that the in
dictments returned by the last federal grand jury
against Messrs Barber and Moon would ever come
to trial"
While the politically wise have not openly COM
nitted themselves the failure of the indictments
they have reasoned among themselves that the logic
of recent political events pointed in that direction
The attorney for the indicted persons confirms their
theory of the and his assurance leads the on
lockers to conclude that he knows what he is talk
ing about.
None of the people or the newspapers of Idaho
whatever may have been their prejudces have gone
SO far in these notable criticise the action
of uries But the attorney for the indicted parties
says: Through the indictments returned by the
federal grand juries both Mr.. Barber and Mr.. Moon
have been done great injustice"
Usually the people and the newspapers of Idaho
suspend Judgment until after trial juries have passed
upon pending cases of Importance avoiding any effort
to influence the sentiment of the public from which
the trial juries are to be drawn. But, the at
that there are to be no trials he may perhaps be able
to exonerate himself from the charge of building up
popular sentiment in behalf of his clients.
The public will note the audacious sequence of
events The officers under whom the indictments
against Mr. Barber and Mr.. Moon procured
and under whom the trials to have been prose-
cuted peremptorily removed at the instance OF
a fellow sufferer in the domain of justice and now
along comes the attorney for the parties who have
not yet been tried and says they will not be tried
It would be very reasonable conclusion taking all
the circumstances into consideration, that the ap-
pontment of the federal attorney was made with
the belief that the associates of the appointing sena
tor under the first indictment were to escape further
proceedings.
The attorney for the Barber Lumber company in
his newspaper interview, appeals somewhat to the
cupidity of the community in his presumed effort
to create public sentiment for his clients He says
it would be a good thing to have this ligitat1on
stopped-a good thing for the community-so that
the accused parties could proceed to develop their
plans for increasing their business here and build
arai1road some fifty miles into the Boise basin
forests and eventually send it northward across the
state
The community, of course, will feel that these are
desirable things to contend for, but if they are to
come as the price of immunity from the consequences
of actual crime there might be considerable hesltancy
about considering them The community does not
know that there has been any actual crime 1t knows
only that couple of federal grand urles have found
grounds for suspicion and have formulated their
suspicious in the prescribed by law and have
turned the matter to trial jury, which is
bound to give the accused persons the advantage OF
defense, which they did not have before the grand
jury.
It is presumed under the law that those accused are