The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-09-05
A Wisconsin Decision.

son, Wisconsin, mad refused TO surrender j. l.. Bar
Der and S. G. Moon, of the Barber Lumber company,
for trial under indictments Boise there was con-
siderable speculation the devious wanderings
of the blind goddess
1t was remembered that federal judge from the
state of Washington had relieved some of the as
soCiates under indictment of Messrs Barber and
Moon from the inconvenience of prosecution and
had spoken in stern and awful tones of the public
prosecutor under whom a large and distinguished
aggregation of Idaho and Wisconsin gentlemen had
been charged with unlawfully approprating timber
land in Idaho that belonged to the general govern
ment.
1t remembered that the public prosecutor and
another official upon whom devoved the duty of
summoning the jury that had brought the indictments
against Mr. Barber, Mr. Moon and the others had been
summarily removed from office by the president of
the United States, at the request of a senator who
had the favor of the executive by covering with
oratorca whitewash the amentable Brownsville
blunder
1t was remembered that the oratorca1 senator who
had achieved these remarkable 1apses of good faith
himself one of the indicted aggregation and had
been tried in court that not at all unfriendly
and acquitted of the charges in the indictment and
that his proceeding against the public prosecutor and
the other official nstgated by the venomous
malice that political power enabled him to exercise.
Remembering all these things the astounded public
began to wonder what would happen next in the
renowned forum of justice, which the bird of
freedom futters and squawks and the American peo-
pie rule, through the republican party according to
Mr. Taft
1t be said, without much risk to ones reputa-
ton for good political sense that the Wisconsin
court, will protect Mr.. Barber and Mr.. Moon from
the scrutiny of the Idaho court lawfully of course
when application is made for their transfer under
the indictments still standing against them
The proceedings before Judge Ouarles at Madison,
Wisconsin, were brought under writ of habeas
corpus the department of justice having undertaken
to remove Mr.. Barber and Mr.. Moon to Idaho for
trial in the federal court at Boise indictments having
been rendered charging them with completely in
conspiracy to defraud the government of certain val
liable timber land in Idaho
The court sustained the application of the defend
ants, releasing them from custody alleging that the
Idaho grand jury had corrupt1y indicted them through
the political manipulation of the United States at
torney for Idaho assisted by the United States mar
shall for Idaho
Judge Quar1es borrowed his specifications largely
from Judge Whitson of the state of Washington but
that fact does not mitigate the severity of his
of the Idaho officers of the department of
justice
After the federal Judge from the state of Washing
ton had sustained the plea in abatement of Martin,
Downs, Wells Kincaid and others, indicted as parti-
cipants in the conspiracy with Barber and Moon, the
attorney general of the United States sent Boise
two deputies of the department of justice under
Instructions to enquire further into the cases that
had been thrown out of court by the federal Judge
from the state of Washington.
A grand jury was summoned and it proceeded I'm
Ter the direction of the special representatives of
he department of justice. This grand jury found
indic AGAINST Mr. Barber and Mr. Moon