Los Angeles herald. [microfilm reel], September 24, 1907, Page 2, Image 2

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

Image provided by: University of California, Riverside; Riverside, CA

                
2
U.S. SENATOR
IS ON TRIAL
WI E. BORAH OF IDAHO CHARGED
WITH FRAUD
MURDERED GOVERNOR NAMED
A3 DEFENDANT
Wide Interest Centers in Case at Boise.
Many Prominent Citizens of
Idaho Involved In the
Accusation
By A wociated Press. • . .
5j BOISE, Idaho, Sept. 23.-Willlam E.
• Borah, at ' the ". threshold ¦ of a career In
I the ; United , States i. senate, having ' been
':¦' elected ito i take his ] seat , at , the " coming
session ' +>f congress, was placed on trial
' beforo Judge . Edward ' Whltson i. in ' the
' Federal wort" today, charged - with con
spiracy to defraud the United States gov
ernment out of title to many thousand
.acres of tlmfxer land In Boise county.
; ¦; Cloaked under the legal '> title .' of ; John
Do«, - the • attorneys - for - the government
today' disclosed -In open court , the fact
that ! former ? Governor Frank Steunen
berg was Included In the Indictment, and
Is alleged -to have had a leading part in
i the so-called conspiracy. The announce
ment came as a complete surprise, to the
community at 'large. Several of the
talesmen '« examined ; for : Jury duty de
clared that they had never even heard it
¦ Intimated that the governor who was as
¦ sassinated ¦by ¦ Harry Orchard, ; and t for
the alleged participation in whose murder
William D.- Hay wood,. recently tried
and acquitted, had in any way. been con
;-; nected with the land frauds : investiga
tion. • :¦¦•". .¦¦'?''. • : ;¦•••¦¦• "-¦ '.'¦¦_,' ¦'•'::\],'.?.
fa Vf;v: Little Progress Made
' tittle or no progress; was made at the
morning session of the court, but during
an extended afternoon ", session the gov
ernment -attorneys temporarily passed
¦ twelve , men into , the jury . box. All ¦. of
these are subject to further examination
•by the ' prosecution ' and complete exam
¦ ination by counsel for the defense. ¦¦ :
An odd tangle is given to the case, tfcat
one of the men passed into the box to
day- i» Thomas B. Gess, a local, real
estate "dealer, who served as foreman of
the * Haywood jury, ;in which ; case ' Sena
tor Borah served as a state prosecutor.
Several of the jurymen temporarily ac
cepted ! claimed acquaintance with Sena
"' tor • Borah, : and one declared . openly he
holds the defendant In high esteem. f He
i felt, however, that he could deal out jus
'- tice to him. r: Three proposed jurors who
' declared i their belief , in • Senator Borah s
¦ r Innocence . were promptly challenged by
J the government and excused. , • ¦'¦
' District Attorney . Ruick * conducted the
r juror l- examination '¦.. and questioned the
'.jurors closely »3 to any feeling of preju
dice against him fforr r his active part in
securing the indictment of Senator Borah
and whether they believed he acted from
- personal motives or .in good . faith .as a
¦ public prosecutor. : Nearly : all said ' they
had given the matter but little thought.
-They also declared they would not per
mit their reverence for Governor Steun
enbergs memory to interfere with the
rendering of a just verdict in the case on
¦trial. '¦-'.-: ,¦' ¦ . "";':¦'''¦ " ' " '
' Borah in Senate
The prominence of Senator Borah in the
politics of the #*te, his personal popu
larity in this. hi* home town; the leading
; part he took In the prosecution of "William
¦'¦ D. ¦ Haywood. : who , was charged with the
murder ol Governor Steunenberg, and the
, fact that more , than a hundred • well
v " ' known • residents of South Idaho are al
leged to be involved with him in the so
: called conspiracy combined to attract in
interest' to i the proceedings against him
practically equal to that which . marked
the ¦ first •of , the Western Federation of
' Miners' -, trials .' here. The court was
crowded to overflowing when Judge Whit
son 1 took the bench at 10 o'clock.
ry;.The array of counsel on either side was
! imposing. ' The government, whose repre
• sentatives here freely predict a hearing
of . sensational interest, has practically
taken I its case out of the hands of the
. local district attorney, Norman M. Ruick.
against ; whom charges of improper con
duct .'before the grand jury have been
t filed.' and assigned the matter to special
¦' attorneys trained in timber land matters
and fresh successful prosecutions In
" other western states.
These are Mcßurca of Detroit and S. R.
= ; Rush of Omaha, both special assistants to
the attorney general of the United States.
> There was also present today Timothy F.
• Burke, : United States district attorney at
' Cheyenne, who was sent to Boise to assist
the special grand Jury now in session at
' its investigation of the charges against
¦'- District Attorney Ruick.
¦ . '¦ Hawley for Borah
¦ Senator Borah's attorneys include
James H. Hawley, senior counsel for the
" state in the Haywood trial; Alfred A.
FYaser, S. L. Tipton and Carl Paine, all
local attorneys, and C. F. Bundle of Eau
Claire, . Wls. The latter also represents
'/. the interests, of the Barber Lumber com
pany, the corporation which is said to
¦have profited by. the alleged frauds and
' some of whose officers have been indicted.
The indictment against Senator Borah
alleges that he with twelve others named
as codefendants conspired together to de
' fraud the government of many thousand
¦ acres of timber land in Boise county.
It* As a result of this conspiracy it is al
leged that 108 residents of Boise took out
timber claims and swore. In doing so,
- that they were acting solely in their own
Interest, whereas these statements were
falre and agreements , had been • entered
• into whereby the claimants were to turn
their ¦' lands • over to three selected men,
who in turn were to transfer them to the
Barber Lumber company, whose officers
make : their . headquarters in Wisconsin
and. which is said to be affiliated with
large lumber interests in the west.
-.'.'• Among the. 108 claimants are many of
Boise's best known people. ¦ In some in
: stances five or six members of one fam
ily, including wives and daughters, are
involved. All of the thirteen men against
' whom ¦. indictments were : returned, with
the .¦ exception i of Senator ; Borah, John
Doe and Richard Roe, have filed pleas in
abatement :-. of ¦<¦ the ¦ indictment on the
ground of misconduct on the part of the
district •>' attorney. : it . being alleged ¦ that
¦' he i made an argument before the grand
: Jurors .' which .is prohibited by lnw . . and
¦ refused to leave the grand jury room on
.one occasion , when requested to • do , so.
Judge Whltson began a hearing Saturday
morning In. open court on these charges,
the ; special , grand r Jury having the mat-,
, ter In hand, being adjourned for. the time
being. . - V ¦ : .
jv ¦/;!.•.! New Complication :
Senator Borah's . trial • coming on with
¦ the pleas in . abatement ¦ undecided lends
¦a new complication to the situation, for,
' while he has not ¦ joined ¦in , them, a i de
cision adverse to. the government would
' seem > to • make t it f Incumbent . upon -. the
¦ United : States . attorneys rto take : cogni
zance of the : matter in his case. - ..•.. , ; .
v-.-S In i tht> hearing of , the charges against
,'. Mr. Ruick It developed; in the testimony
;- of i the ¦- secretary, of the ; old . grand Jury
'. that , the : names John Doe and Richard
Roe appearing in the indictment were not
' : . on the list of names given him to be
¦'. voted upon. ""',.• ¦¦^•L-;. - ;..-',¦¦ -¦!''.•'.'¦ ¦¦.
¦ '¦'.( If,' has - also i developed , that Mr..' Ruick
: did i make ' extended ; remarks ito '. the ' Jur-
ors, but there Is a division of opinion
as to whether he confined himself to the
law, which is permissible, or whether he
reviewed the evidence and summed -up
LOS ANGELES HERALD: TUESDAY MORNING, SEPTEMBER 24, 1907
practically as he would before a trial
Jury.
It was also testified that Mr. Ruick
told the Jurors he thought the evidence
warranted an Indictment and also reit
erated the statement many times that he
was acting under direct orders from
Washington. Mr. Ruick is yet to be heard
in his own defense.
Senator Borah was elected to the upper
house of congress at the session of the
legislature to succeed Senator Dubols.
He is a Republican.
LAST HOPE OF
BRIBERS GONE
(Continued from Pace One.)
gaMied body subject to the control of
a court that is always open, and may
at any time in the exercise of Its Juris
diction order It to be discharged.
" 'A grand Jury cannot dissolve itself
and as the grand Jury whoa* authority
Is challenged was not Impaneled for
any particular time prescribed by law,
and has not been discharged by the
court In which It Is acting, It still ex
ists as an original body with power to
perform its duties.'
Time Limited
"It thus appears that the court con
structed section 210 as only limiting
the time in which the person selected
shall serve for the purpose of the
drawing and impanelment of a Jury
and as having nothing whatever to do
with the life of a Jury either grand or
trial, once regularly drawn and im
paneled.
"The above cited decisions as to the
proper construction of the section un
der consideration, rendered twenty-one
years ago, and it is fair to assume, ever
ince followed by the courts of the
state, certainly should not be overruled
unless they are clearly erroneous.
"No' such situation Is here presented.
On the contrary, it Is our opinion that
the construction given the section by
our predecessors was the correct one. "
Associate Justice McFarland In his
dissenting opinion says: "I dissent and
think that the writ of prohibition
asked ftor shoifld be granted. I base
this conclusion on the ground that at
the time of the presentation of the in
dictments against the petitioner the
body of jnen who undertook to indict
him was not a grand jury and that the
purported 1 Indictments were a nullity
and gave no jurisdiction to the superior
court to try the petitioner.
"A man cannot be legally placed on
trial for a felony at the will of any
persons or body of persons who may
choose to make an accusation against
him. The accusation must be made In
manner as prescribed by law, and If
there is no such accusation there Is no
Jurisdiction In any court to try the ac
cused."
Judge Dunne i today again postponed
for one week his decision on the mo
tions interposed on behalf of Abe Ruef
to set aside the Parkside indictments.
Judge Dunne will withhold his decision
In these rases, as he Is doing in the
others, until after the Halsey case shall
have been tried.
MINNESOTA ENJOINED
FROM ENFORCING RATE
Judge Lochren of Federal Court Re.
strains Attorney General and Ship.
pers from Prosecuting Rail.
roads Until Case Is Decided
'By Associated Press.
ST. PAUL, Sept. 23.— Judge Lochren of
the United States court today issued an
injunction that absolutely ties up the
Minnesota commodity rate law pending
final decree, or until the court's decision
is overruled In appeal by the state. The
order restrains the defendants. Including
the attorney general and shippers who
wore made parties to the action, and
all other persons, "from instituting any
proceedings for the violation of said act,
and from demanding that any of the
rates contained in the act be given to
them."
It is reported today that the state offi
cials are planning to violate the injunc
tion in such a manner that habeas corpus
proceedings will have to be instituted,
in which event the case will at once be
appealed to the United States supreme
court and the whole matter determined.
OMAHA, Neb., Sept. 23.— Judges W. H.
Munger and T. C. Munger in the federal
court today remanded to the state su
preme court the cases of the state of
Nebraska against the five express com
panies In which the state asks for an
injunction to prevent the companies from
refusing to put into effect the reduced
rates ordered by the Bibley law. The
court held that the state is the only
plaintiff in the cases and therefore can
not be tried in the federal court.
MIKKELSEN AND HIS
EXPLORERS ARE SAFE
Expedition Will Make Another At.
tempt to Find Undiscovered Body
of Land in the Far
North f
E> Associated Press.
SEATTLE, Wash., Sept. 23.— A special
from Victoria says Dr. Steffanson of the
Anglo-American arctic expedition has
reached here from Alaska. He brings
news that Captain Mlkkelsen, Ernest
Leffingwell and party are all well and
are at Herschel island.
Mlkkelsen, LefflrgweU and one other
will make another attempt to find land
in Beaufort sea. After making sledges
out»of the wrecked schooner Duchess of
Bedford they will leave from a. point on
the boundary line between Alaska and
Yukon. They are not very hopeful of
finding a large tract of land.
Dr. Howe will bring the remainder of
the crew home on a whaler.
Girl's Assailant Captured
Bj Associated Press.
DENVER, Colo., Sept. 23.— Alvln Hart,
wanted at Manhattan, Kas., on • the
charge of assaulting the 13-year-old
daughter of a prominent farmer residing
near that place, was arrested by local
detectives yesterday and will be turned
over to Sheriff O. D. Hobbß of Potta
watomie county, Kas., on the latter's
arrival in this city.
War Veteran Drops Dead
By Associated Press.
SAN FRANCISCO. Sept. 23.—Lieuten
ant Colonel W. De St. Paul Belts, a vet
eran of the Franco-Prussian war, at one
time prominently connected with the af j
fairs of the city and county hospital in
the capacity of warden, dropped dead at
his home in San Rafael yesterday from
heart disease.
Inactive Policeman Dropped
By Associated Pnn
SAN FRANCISCO, Sept. 23.— For turn
ing? his back on two men who were
viciously assaulting a non-union conduc
tor on Kentucky street, Edward F. Law
rence was summarily suspended from the
police department by Chief Blggy this
morning, and Captain Duke has flled
charges against him.
HENEY OPENS
FORD TRIAL
PROSECUTOR SAY 3HC WILL
PROVE HIM GUILTY
DECLARES UNITED RAILROADS
PAID BIG BUM
Assistant District Attorney Outlines
Case and Asserts He Can Prove
That Money Went to Bu.
pervisors
(Continued from Pace Onr.)
drawn by "Tirey L. Ford, and that It
wae co withdrawn by Ford as follows:
150,000 on May 25, another $50,000 on July
31 and JIOO.OOO on August -3. Heney
charged that this money was obtained
In currency, that the withdrawal wa»
never entered in the books of the United
Railroads and that Ford's action was
never known to a single director of th'j
United Ral'.roade.
Gallagher Pays It Out
"The very next day Gallagher gave to
each of the supervisors (except Wilfon
and Rea) 12000 In currency. Gallagher
got this money from Ruef, mainly In H
and »2 bills, with a few fives, tens an 3
twenties scattered among them. Ford
had given this money to ißuef on May
25 and Ruef kept It until he got his
second $50,000. He did not propose to
pay the supervisor* .until he had his own
ihare of the boodle placed In his hands,
but he gave another explanation to Gal
lagher and Gallagher passed It on to the
other supervisors, namely, that 'there had
been great difficulty in securing currency.
Heney said that on May 24 Ford ap
plied to Leach at the United States mint
for J50.000 in currency. Leach did not
have anything but coin, but took Ford
to Mr. Hawkins of the relief corporation.
Hawkins said he had It, but it was in
email bills and some time would be re
quired to get it. He told Ford to come
back the next day. The rext day he
did coma back with Abbott in ap auto
mobile. Leach handed him the money,
but Ford complained that the package
was too large.
"Its great size was accounted for by
the fact that the sum was made up
chiefly of one and two-do'.lar bills, with
a few $5 and $20 bills. This was morey
which had been mnJled to the relief cor
poration on account of the earthquake
and fire. To accommodate Ford ard
Abbott the money was divided into two
packages, and they carried it away.
When Payments Were Made
"\Ve expect to prove to you." said
Heney, "that no paymentß were made to
any supervisors until about the first day
of August. None further were made to
Ruef until July 31. On that day Ford
and Abbott went to the mint and asked
Leach if he had received a telegram from
Patrick Calhoun, who at that time was
in Cleveland, Ohio, authorizing him to
pay to Ford $50,000. Leach said he had.
"Gentlemen of the Jury, we will snow
you that telegram. Ford again asked
for currency. Leach did not have it, but
he arranged to get it from Mr. Burns of
the subtreasury. He did get it in bills
of $100. Ford and Abbott carried It away
with them.
"On August 21 Mr. Leach wrote to
Calhoun requesting him to withdraw tha
balance of his money from the mint, be
cause Leach was about to make a set
tlement with the subtreaeury.
"Three days later Leach received a
second telegram from Calhoun ordering
him to pay to Ford $100,000. Ford went
to the mint and asked if euch a telegram
had been received. He was informed
that it had.
"Ford and Abbott thereupon went to
the subtreaeury and got the money in
currency bills of $100 and took it away.
A day or two later Ruef gave to Gal
lagher the remaining $40,000 of the agreed
$85,000. He gave it to him in $100 bf !'..«.
Gallagher thereupon paid the remaining;
$2000 to the supervisors, except Wilson,
and gave $500 to Wilson and kept the
balance for himself.
"On that evidence, gentlemen of the
jury, we will ask for a conviction of the
defendant at your hands."
Heney closed at 2:35 o'clock and flvv
minutes, later the witness was called.
John E. Beahen. assistant clerk of the
board of supervisors. He Identified the
records of that body on order to enable
the Introduction of the ordinance author
izing the electrification of the United
Railroads cable system, for the passing
of which ordinance the alleged bribes
were paid.
HUNGARIANS IN ROW
OVER PATRIOTIC SONG
Consul at New York Refuses to Rise
When Actress Sings, and Con.
cert Ends in a Disturb
ance
By Associated Press.
NEW YORK, Sept. 23.— Because Baron
Otto Yon Hoennlng O'Carroll, consul
general of Austria-Hungary In New York,
was mindful of his official obligations
and would not rise when a certain Hun
garian song was sung at a concert here,
there was a general disturbance and the
concert broke up.
The song was sung by Mile. Rethy, a
Hungarian actress, at Terrace garden,
and the concert was attended by many
persons in the Hungarian colony. It is
called the "Koßsuth Song" and officially
It is under the ban of the Austrian gov
ernment. Baron O'Carroll is a native
Hungarian, but he represents the dual
empire here. No sooner had the actress
Rtarted the song than the Hungarians
Jumped up and applauded with fervor.
Baron O'Carroll and some attaches of his
office who were with him did not do so,
whioh was a signal for a general demon
stration against him and counter dem
onstrations.
For Transatlantic Wireless
By Associated Prtas.
SYDNEY, N. S. W., Sept. 23.— Mr. Mar
coni arrived at Glace bay, N. 8., last
night to make preparations for the es
tablishment of a transatlantic wireless
communication between Canada and
Great Britain. Within a few weeks it
1b hoped that a constant night and day
service will be In operation.
ADDISON
IA^ROWI
54 SIZC COLLAR
I Mode of Clupeco Shrunk Fabrics I
B lie each) 2 lor *Se:--'""^wm-
B|/-V gturrr. »«»»oof * Co., ¦»»»"«_l. ; _M.'
WEDNESDAY 4^MM~fc WM&tiL WEDNESDAY.
WEDNESDAY jHs££s^ WEDNESDAY
. IS TUESDAY ' IS THE DAY
SALE BEGINS AT 9 A M. | IOT jjHKwiUIG STREET { SALE BEGINS AT 9 A " M
¦ w "7 ' - ' 107-9-11 NORTH SPRING STREET . . .. • :.¦ : ••¦ '¦•.•¦ --¦ -: -'-.¦.¦.¦-
GREATEST BONA FIDE
Sale of Dry Goods
Ever Held in Los Angeles
• ; ========================= STOCK. 'OF ===========^^
i
*£<> BoivM^rcKe ; 430.432.434 broadway?
Purchased at Near to Half
On Sale at a Like Reduction
The Cleanest Stock of Dry Goods Ever
Sacrificed in the West .
Silk Dress Goods, Linings, Trimmings, Laces,
Notions, Embroideries, Ribbons
Gloves, Hosiery, Corsets, Undermuslins, Millinery,
Jewelry, Fancy Goods
Cloaks and Suits, Infants' and Children's Wear, '
Fine Linens and Blankets
35 DEPARTMENTS REPRESENTED
The Sale Begins Wednesday
Morning at 9
¦ rT™—mK • H M M ¦ m tL^p' w' X_^ ¦ ; : - '
a STORE CLOSES TONIQtiI AT FIVE
The supremacy of Hale's buying organization was ably dem-
onstrated in the purchase of The Bon Marche, Le Sage Brothers
Co.'s stock, which inventoried about $150,000.00. Every large
local concern, as well-as numerous San Francisco organizations, -.1
tried to secure the prize, but it went to Hales. The purchase
price was a little more than half the inventory price and a large
amount of ready cash was involved in the transaction.
The Bon Marche stock is all new, crisp and clean, as the store
was not; opened until March. : There are many lines ;of high-
class merchandise in this stock, such as is handled only in the
, exclusive, high-grade shops. The best, as well as the cheapest, '
will be passed on to the consumer at about half price.
Though quantities are great and lines practically unbroken,
first choosing will be best. 1 : The sale begins Wednesday morn-
ing and will continue until every last penny's worth of the
splendid Bon Marche stock is sold. i§|||
( 1 JL M&S3T W (
100 Extra Salespeople, ;^M9m^£^ffl^£fe*£9L First Choosing Will Be
Bundle Wrappers HWti m>M jE7>3P the Best.
and Cashiers jSffImJMSZP^^ Come Promptly at 9
; to Serve You Promptly 107-M1 ¦¦ ' spRmG STREET ( Wednesday Morning
K.
K.