Show I BORAH IS WILLINGTO WILLING TO FACE AGE F CHARGE Sensational Land Fraud Cases Case V Will Be Opened in Boise Today V f PASSES UP TECHNICALITIES TECHNICALITY V V Idaho Senator Asks S parate t and Open Trial to Sift Charges Against Him Republican Ican Special Service Boise Ida Sept 22 Senator 2 Senator Bora Bor h 1 who will be placed on trial tomorrow on the charge chano of oC conspiracy to defraud v A. A V he the government Is 15 one of or thirteen men Indicted ted last March In Indicted V with Senator Borah were Frank Franl Martin Martin Mar Mar- tin attorney general o of Idaho under unde the administration Sumner Sumner Sum Sum- ner ncr Moon and James Tames T. T Barber mil mu- officers of or the Bather Barber Lumber Lumbe tV V company Albert Alhert E E. Palmer and Horace Horace Hor Hor- ace S. S Rand Hand who nr are accused of or having hay hav lug ing had charge of opera operations lions In n ih tho all alleged ged frauds John L J. Wells Pat Pat- rick Downs John Kinkaid Louis M M. V Pritchard and William Sweet Sw we t timber V locators locator and John Doe Doc and Richard Richard Rich ar ard Roe whose true truo names aro are t to toV V the glan grand Jury unknown Although the Iho Indictment was W re returned returned re- re turned d to court last March after a aV thorough Investigation Jan o of the th alleged allege V frauds by the grand jury ju no ilo service Jc was made until early In tho the present month Proceedings s were stopped b by the department of or justice at Washington Washing Washing- of oC Senator presumably because V ton Borah's in the tho prosecution of oC the part c Haywood and Pet cases kV Moyer 4 i trial tho department depart depart- 0 After the Iho Haywood F V V ment ordered oi-dered tim tho cases proceeded with Immediately after service was y I given Senator Bomb Borah requested a n. separation sep sep- V and an Immediate I V of tho the cl cases tS trial of o his own ca case e. e His request I I V V granted anti and his is tho the first of or was t L V V the cases to come before the Federal cou court rt V Wants Charge c l Probed Senator Borah declined to take ad advantage advantage ad- ad V under vantage of oC the tho technicalities rt r which the tho other defendants ants are arc s seeking seeking seek seek- ek sr ing to avoid trial The rhe statute of limitations bin lim Rations Italians J is being plead by the others I I hut but Borah announced that even en should 1110 1 J 1 their lr contention be he sustained he would V insist t that his case go 10 to a Jury for fOl final decision lon V The rhe specific charge against t Borah is that he acted as attorney for the Barber Lumber company compan In certain fraudulent transactions Wms as a result VI of which that company came into possession possession pos pos- session of timber limber lands land In Boise Bolso count coun coun- ty t These lands are arc now valued at V V approximately It Is charged cd that these transactions took tool place during the years 1901 1902 and andA A 1903 The government go will attempt V lo Ic prove that there were three groups q of locators of or timber claims for the Y iV purpose of ultimately transferring V I Lumber umber them Jo the Barber company r V the i Ire a al I beneficiary of oC the alleged fraud fraud y- y V Tho The Northwest Lumber company J. J of Eau Claire VI WIs was the original Inal 4 V In Instigator of the conspiracy according to the theory of the government James T T. Barber Barbel and Sumner Moon of or Eau Ban Tau Claire were the tho principal owners owners own own- o n Cl ers o of this com company pan In order to carry carryout crr V out th their lr alleged scheme chemo to get possession possession pos pos- V session of or timber lands In various r. r sections of or the c country it ft b camo necessary to lo have innocent purchasers r r V ers for who in turn ml might ht V transfer their Interests to this coni con con- VV cern There were three groups it i is here i- i alleged operating in this section The Themen TheU U men In charge o of this work worl were Al AlV Albert Al- Al V V bert E 13 Palmer who operated at al Spokane V V l kane ano Horace S. S Rand who lives nt at w- w wV Burlington Iowa at present ent and 3 c who who I V Is a a prominent and wealthy citizen of or that place and a man named Long V residing in Oregon on Palmer lalmer and Rand k were indicted but Long Long- was not not V Palmer Remains a n 4 V Of or these thee three Palmer is said to toI toj I have ha been tho the most ed involved Ho lie Isi is i j badly wanted by the government eo hut but hutIs wV w V Is now at Toronto oronto Canada a fugitive from rom Justice keeping awa away from th thI the Jurisdiction of oC the United States court and resisting extradition on the grounds round that the offense of or which he ho heL L I IH iii charged c Is not an Indictable one ono V V Rand has been la-en served at Burlington ton and la Is If out on ball hal It I Is understood V that there is l little te disposition lon on th the tho part of oC tho the government go to prosecute V him as he was more or Ol less les an Innocent innocent inno Inno- I V cent participant In the V Attorney Ex-Attorney Ex Horney General Martin to together toV to to- toI I V gether with wih Frank V I Idaho's martyred governor Is alp alleged c t to have participated In the transactions but the thc exact nature o othe or the char charges a against him have hwe not a as yet Ct been heen leen tl disclosed h by the tho government o V V prosecutors V I William Sweet one of ot the timber Y V V lo locators under In Indictment has ha turned Mates Mate's evidence under of or ImI Im- Im 7 V l c un promise e and will Its Is 15 understood A wi IL I J I V V make male a clean breast of all aU S t i V c Lions with wih which he was wa connected He Implicates Martin and Borah am amis and andIs He is r regarded as the Ow go governments government's stron strongest cst witness Sweet was at one onetime onetime h he is now nov time a n wealthy man but hut almost destitute and anti the government o was wa required rc to furnish him mono mone money Boi Boise Boio from flom his to maJ make e tho the trip to home In Oregon In iii order to tr testify Stry lends Friends of tho the defense defence c charge chare that Sweet hits has repudiated his confession and that he even eyon went so far after aCter the tho grand jury session as to mal make e ean an affidavit which he ho furnished the defendants ants to the effect that ho hall had testified falsely before the tho grand jury Sweet however cr who Is now In Boise olse says R ho lie ill wi give e the same samo m testimony s I at the trials rials that he gave before beCore the grand rand jur jury Meant to fo JI I Three weeks ago n o Special Assistant Attorney General Burch of or Denver and Hu Rush h of or Omaha arrived In Boise I arid and It H wa was understood under that they would have havo charge of the prosecution pro cullon of the tho timber ca cases cs relieving District Attorney nO ne ney N. N M. M r At first it I was supposed supposed sup sup- posed that the department had taken cognizance co of or the th charges male made by friends s of or the defense dren o that Ruick was acting from personal motives mothes but it i later latr d developed that the action acton was wao taken en for a different reason It I seems that Mr 11 Ruick has reported the the con condition con con- of or the affairs to the department and diton had Intimated that it was his In Intention In- In to dismiss ml s tho the case against Senator Borah lorah It I is un understood that Mr Jr arrived at this decision partly party because lecause o of the thc feeling which seemed to be quite quie general that tha he lie was acting from rom personal onal motives mot eg and partly party because he ho believed the states state's tato need of or Borah's services in tn the tho Pettibone and Moyer cases was more paramount than his prosecution b by bythe bythe the government go At any rate he was uIa In Inthe Inthe inthe the ca eases tases es h by men of or years years' Cars experience in the prosecution of or lau laud land frauds Mr lr Is working in c entire harmony harmon wih with the special prosecutors but hut is acting in an advisory at capacity only as is Assistant District I Attorney Johnson John John- son of or ton Following tho thu an announcement announcement nn- nn that Burch and Rush would have charge of or the prosecution came the tho news that Judge Jud e Whitson of oC the I Federal court at Spokane would preside at tho the trials In place of or Judge Judge- Dietrich DItrich who was wm last March appointed appointed appointed ap ap- ap- ap pointed by President Roosevelt to succeed SUCceed suc suc- Judge Tu ge Beatty resigned Judge cecI Dietrich was a D. Borah appointee and It I Is understood that he Ito was relieved at his own request request It I Is expected that the tho Borah trial will occupy about three weeks James JamesH H H. I. I 1 Hawley who acted with Borah In inthe he the prosecution of oC the Haywood case is s chief coun counsel l for the defense and andIs ands Is s assisted I by A A. A Fraser of this el city L 1 |