The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-12-09
SPECIAL INTEREST ATTACHES TO
TIMBER LAND CASES IN IDAHO

tfouDle-they were respectively preSl-
dent and cashier of the First National
bank OF Lewiston. They did a large
business as bankers and had q very eX
tensive acquaintance throughout north
ern Idaho, where they enjoyed the con-
hdence of positive business clientele.
The Hettenbach family was one OF tho
OLD established pioneers Of Lewiston. and
the younger man at the head OF this
banking institution commanded confidence
and respect OF that high order so material
to financial institution handling money
OF depositors.
The cashier had worked his way up
through all the channels OF experience in
the bank from clerk to the cashiership.
and was one of the directors OF the con-
ceru.
Ten years ago these young men were
AZ the acme Of their popularity and OF
their power. kester was ambitious. He
asplred TO official preferment. He had
always been q power In Nez Perce coun-
y in the political affairs OF the Repub
lican party, In 1900 he became the can
didate OF his party for state treasurer He
was dominated on the ticket with Judge
Standrod OF Pocatello, who ran for gov
ernor. and although defeated, polled more
votes than the majority Of his party.
In view Of the extended acquaintance of
these men In their northern home-Lew-
lston-their previous trial. conviction and
sentence caused great regret and all
men OF strong parts have bitter enemies.
some Glee in Nez Perce county and at
rracted wide attention through all of
Idaho.
Moscow was the. northern location OF
the federal court where they were previ-
ouSly tried and also where they were
last month,
Peyton Gordon and George V. Trlplett,
II, assistants attorney general, are pros
scutins these cases. AS In many previ;,
GUS cases throughout the west. special
counsel from Washington has been de-
talled TO conduct the governments side
of of these cases, relieving entirely-as in
and his dcputy-for the district of Idaho.
George w Tannahlll OF Lewiston is de-
tending these men and their indicted as
The motion for change OF venue from
Moscow TO Boise is made by the parties
defendant
Moscow is very near to the lands where
the government insists these frauds were
committed The trial jury which heard
the evidence previously and returned its
verdict OF Guilty" as well as the grand
juries which found these indictments,
We're drawn from the northern counties,
contiguous TO this timbered belt, the en-
try OF which forms the basis of the
action
Boise is removed, by the nearest ac-
ccsslble route, from these lands a distance
OF more than 500 miles
The removal Of the hearing to Boise
VIII serve to increase the Interest OF
southern Idaho people IN this bitter legal
struggle. while In the north, where these
men live and are so well known, the Issue
will remain ahe overshadowing theme, as
it has been since its inception.
Judge Bean of the Oregon federal dis
trict will hear the arguments on dcmur-
rer In the indictments of James T. Bar
Der and Sumner G. Moon OF Eau Claire.
Wis. for stealing Boise county timber.
on the 18th of this month. This agree
ment was entered into few days since
by Assistant Attorney-General Gordon,
acting for the government, and Alfred A.
Frazier of Boise. representing the de
tendants. Judge Bean, to whom the case
was referred for trial by Judge Dietrich,
Indicated his readiness to come 10 Boise
TO hear this argument on the 18th, and
should the demurrer be overruled he will
begin the hearing of the case on Decem-
Der "a, which date has been agreed TO by
respective counsel by stipulation, II the
Boise and Charles T, Bundy, attorney for
the Barber Lumber company of Eau
Claire, VIII aid In the defense.
Barber and Moon, the wealthy lumber
men OF the Wisconsin city, Will reach
Boise on the 18th TO appear In compliance
with the terms of their bond.
The charge for which Barber and Moon
were Indicted is conspiracy to defraud
the government out OF some 80, 900 acres
Of land up the Boise river, above the Bar
Der Lumber company plant, located seven
come to trial on the 27th Of this month.
over 200 witnesses Will be summoned TO
testify I'm relation to their unders tanding
with agents of this lumber syndicate
when they made entries of respective
subdivisions of this tlmbered area, now
owned by Barber and Moon.
Judge Bean has already held, In a civil
action affecting title to this land, that.
wherein testimony from these same wit
nesses was submitted to him, the charge
against the men comprising this lumber
company had not been sustained.
These two conspiracy cases soon to be
called at the bar OF the federal court in
Boise, ends the litigation which has
stirred public sentiment to very pro-
nounced degree for four years past The
indictments were originally brought
against the northern bankers and the
eastern lumbermen. under the judicial
regime OF Judge James A. Beatty. who
retired soon after leaving these cases TO
he heard by his successor In trust
Both cases have stirred the public con-
science. for in scope they reached into
hundreds Of homes OF entrymen. many
of whom had been prominent In business,
fraternal political and social circles OF
their respective communities and OF the
state,
Should these two cases fail the defeat
OF the government would be complete
during all these years Of struggle. but OF
the effect OF the inquiry. after all Is
over. there will be rich fields for future
observations.