HISTORY MOMENTS The Idaho State Historical Society reports that during this week in history: Senator William E. Borah died on January 19, 1940 in Washington, D.C. Borah was a lawyer and prosecutor in the famed Haywood trial, which pitted him unsuccessfully against defense attorney Clarence Darrow in the case of the union leader accused of murdering former Idaho Governor Frank Stuenenberg. He served as an Idaho Republican to the U.S. Senate for 33 years. He is quoted as saying, "The marvel of all history is the patience with which men and women submit to burdens unnecessarily laid upon them by their governments." The Territorial Legislature authorized the Provision for an Idaho Attorney General on January 22, 1885. The Magruder Murder Trial commenced in Lewiston on January 20, 1864. David Howard, James P. Romain and Christopher Lower are tried for the murder of merchant Lloyd Magruder in a location now found in the Frank Church River of No Return Wilderness. They were found guilty and executed even though Idaho Territory had no law against murder or any other crime at the time—a fact that did not become known until after the sentence was carried out. On January 20, 1889, delegates of the Idaho Constitutional Convention adopted a retroactive anti-Mormon test oath excluding anyone who had been a Mormon on January 1, 1888, from voting in the future. The test oath was upheld by the U.S. Supreme Court a year later.