Show SENATOR TR TRL Al HAS HS IN N BOS IDA DA Lawver Who Took Suck Such Prominent Part in file Ike Hav wood wooI Tri Trial l facing Charge of fraud fraudin in ill Timber Cases BOISE IDA SEPT 23 THE THE CASE CASZ OF UNITED STATES SENATOR WILLIAM WILLIAM WIL WIL- LIAM E. E BORAH CHARGED WITH CONSPIRACY TO DEFRAUD THE GOVERNMENT OF OP VALUABLE IDAHO IDAHO IDAHO IDA IDA- HO TIMBER LANDS WAS CALLED TODAY BEFORE JUDGE EDWARD WHITSON IN THE UNITED STATES DISTRICT COURT THE PROMINENCE IT NENCE OF OP SENATOR BORAH IN INTHE INTHE INTHE THE POLITICS OF THE STATE HIS PERSONAL POPULARITY IN THIS HIS HOME CITY THE LEADING LEADING- PART HE TOOK IN THE PROSECUTION PROSECUTION PROSECUTION TION OF WILLIAM D. D HAYWOOD WHO WAS CHARGED WITH THE MURDER OF FORMER GOVERNOR AND THE FACT PACT THAT MORE THAN THAN HAN A HUNDRED WELL-KNOWN WELL RESIDENTS OF SOUTHERN IDAHO ARE ALLEGED TO BE INVOLVED WITH HIM IN INTHE INTHE INTHE THE SO CALLED CONSPIRACY COMBINED CON COM TO 10 ATTRACT AN INTEREST TO THE PROCEEDINGS AGAINST HIM PRACTICALLY EQUAL TO THAT WHICH MARKED MARRED THE FIRST WESTERN VESTERN FEDERATION OF MINERS MINERS MINERS MINERS' MI NERS' NERS TRIAL The circuit court was wa crowded to over overflowing owin when J Judge d e Whitson took the bench at 10 o'clock this morning The arra array of counsel on either cither side was imposing g. g The Tho government o whoso whose representatives here are freely predict predict- predicting predicting ing a bearin hearing of sens sensational interest has practically taken its ease out o othe of ot the hands of local District Attorney Norman M. M 1 Ruick Buick against whom whon char charges es of improper conduct before the grand jury have bave been filed and has assigned assigned as signed ned the tho matter to special attorneys trained in timber land law and ind fresh from suc successful prosecutions in other western states tates Some of the L Laws ws These are M. M r. r 0 o. Burch of Detroit and ands S S. R. R Rush of Omaha Neb both special I assistants to the attorney general of the tho United States Th There re was also present today Timothy F. F Burke United States district attorney at nt Cheyenne who was sent to Boise to assist assist assist as as- the special grand rand jury now in in session session session ses ses- ses- ses sion at its in investigation at on of the charges against District Attorney Ruick Senator Borah's Borah s 's attorneys include James H. H Hawley senior counsel for the tho state in the Haywood case Alfred Alfrod A. A Fras Fraser r. r S. S L L. Tipton and Carl Paine all local attorneys and C. C F F. Bundy of Eau Ean Claire Wis The Borah Indictment I The loiter latter also represents the interests interests inter inter- ests of the Barber Lumber Compaq company the tho I corporation which is said to have profited profit profit- ed cd by br the alleged frauds and some some of I whose officers nave have been indicted The Tho indictment against Senator Borah alleges that he be and twelve others named as defendants co-defendants conspired to together ether to defraud the government of man many thousand thousand thousand thou thou- sand acres of or timber land in Boise coun ty As As a result of this conspiracy it is alleged ne ed that residents of or Boise took out timber and swore in doin doing so M that they were cre acting acting- solely in their own interest whereas these statements were false and agreements had been entered into whereby the tho claimants were to transfer them to the Barber Lumber company whose officers make their headquarters quarters in Wisconsin and which is said to bo be affiliated affiliated- with lar large e lumber interests in the thc west Among the claimants are arc many of Boises Boise's best best- known people peopleS Homes Aro Are Invaded In some SOUle instances five dvo and six pix mem memo bers bare of one ono family including wives wins and aud daughters are arc involved e All of the thirteen men against whom indictments were wore returned with the exception ex cx- ceRtion of Senator Borah John t T ohn Doe and Richard t Roe Roe havo havo ha filed pleas in abatement of the ind on the ground round of mi misconduct conduct on the part of the thc di district attorney it being alleged that ho made mado an argument before the grand jurors j which is is prohibited by law and refused to leave the grand jury room on one occasion when requested to do so Jud Judge c Whitson began a hearing hearing- Saturday Satur Satur- day mornin morning in open court on the charges the special grand jury having the matter in in hand bein being adjourned for the thc time timo bein being Senator Borah's Borab's trial coming on with tho the pleas pIca in abatement undecided lends a new complication to tIle the situation for tor while he has not joShed joined in them a decision deci Ion sion don adverse cne to the government would seem to make it incumbent nt upon tho United Unite States attorn attorney e to take co cognizance ni zance zancO of ot the matter in in his case caC Who Borah Is In the hearing of the charges a against Mr Ruick it developed In the testimony of the tho secretary of Df tho the old grand jury that the names It John John Doe and Richard Roe Hoe appearing in the indictment in- in were not on the list of names given him to bo be voted upon It has hns also developed that Mr Ir Ruick did make mako extended remarks to the jurors but there thero is a division of opinion as to whether ho ha confined himself to the law which Is permissible or whether he ha reviewed re- re vi viewed we the evidence and summed up tip practically as 89 he would before a trial jury JUD u It was also testified that Mr Ruick told the jurors ho lie thought the evidence c warranted an m indictment and also reiterated reiterated reit reit- the statement ninny many times that be ho was acting under direct orders from Washington Vash Senator Borah was elected to the upper up up- per house of con congress ress at this years year's session see lies sion of the legislature l to succeed Senator Senator Sena Sena- tor Dubois Ho llo is a Republican Republica |