While the Haywood defendants awaited trial, Borah and others were indicted in federal court for land fraud, having to do with the acquisition by the Barber Lumber Company (for which Borah had been counsel) of title to timber land claims. Individuals had filed for the claims, and then sold them to the Barber Company, although they had sworn that the claims were for their own use. United States Attorney for Idaho, Norman M. Ruick, had expanded the grand jury from 12 members to 22 before he could get a majority vote to indict Borah (by a 12–10 margin). The indictment was perceived to be political, with Ruick acting on behalf of Idaho Republicans who had lost state party leadership to the new senator. Roosevelt took a wait-and-see attitude, upsetting Borah, who considered resigning his Senate seat even if exonerated.