The Montgomery advertiser., 1904-03-25
LOOKS DARK " E FOR BURTON Damaging Testimony is
 Given. THE DEFENSE SURPRISED The Government Rests Case
 Against the Senator. Kan~an Told Postofice Inspector Cochran He Represented Rialto Company Before Department
 as Attorney Only.
THE DEFENSE SURPRISED

rested its case late to-day fin the trial of United States Senator Joseph Ralph Burton of Kansas, who Is charged with having illegally accepted fees from the Rialto Grain and Securities Company of St. Louis.
 The action of the government came as a surprise to the defense. Shortly after Judge Chester H. Crum, for the defense, had started his opening address, Senator Burton and Frederick Lehman, associate counsel for the defense, had a nasty con- sultation. and MT. Lehman. interrupting Judge Crum, asked a continuance until tomorrow morning.
 In concluding its evidence the govern ment showed by the testimony of Chief Postoffice Inspector Cochran of Washing ton that he had been requested by Sem ator Burton to call at his (Burton's) of flee on the afternoon that Senator Bur tons indictment was made public in Washington. Inspector Cochran testi- fled that Burton had asked him on what charge the indictment had been return ed.
 T told him." continued Cochran, that as had been a witness before the Grand Jury, could not discuss the evidence. but that the indictment was found under Section No. 17S2 of the revised statutes.
 Simply as Attorney.
 Burton told me that he appeared be- fore the Postoffice Department not as a United States Senator, but simply as an attorney for the Rlalto Grain and Securi- ties Company. l pointed out to him that my understanding of the section of the statutes was that the fact that he had acted as the attorney for the Rialto Con- pany was responsible for his indictment" J. H. Aubere, a Washington newspaper correspondent. then took the stand. He testified that he had obtained a dictated interview with Senator BAarton at about 8 o'clock on the afternoon the indictment was made public e-e5,t , Shortly after o'clock that night" con- tinued Mir. Aubere. Burton visited my office and requested that he be allowed to read the interview which I had pre- pared from notes I had made in the af- ternoon. I submitted the manuscript to Senator Burton and he scanned 1t care- fully. The only change he made was that at his dictation l inserted the fol- lowing words: did not act as an at torney for the Rialto Grain and Securi- ties Company before the Postoffice Depart ment In any matters
 Inspector Cochran was then recalled and in reply to questions, stated that the time of his visit to Senator Burton was shortly after o'clock on the afternoon II1aI 0endlOI hO A0F given the interview to MT. Aubere.
 When he was first on the stand, In- spector Cochran testified That Senator Burton had visited him at the Postoff1ce Department the date he could not re- member and inquired regarding com plaints against the Rialto Company.
 Burton Lost $7o,OOo. Senator Burton said that he had lost S7O, GOO recently for which he was not leg ally responsible, but which he wished to repay and that his fees would revert to that use.
 w. J. Viceroy, chief postoffice inspec- tor at Cincinnati testified that he had accompanied Inspector Cochran to Sena- tor Burton's office on the evening that the indictment became known In Wash | ington He substantiated Cochran's tes- timony, and said that Burton said that he had appeared "only as an attorney Tor the Rialto Company before the Postoffice | Department and not as a United States Senator"
 Hector McRea. who said he was con trolIer for thc Rialto Company March IS. f903, testified:
 T was called into the office of MT Mc- Haney, the vice president, and there met Senator Burton. Mir. McHaney, in the presence of Senator Burton, told me that the Senator had severed his connection with the Rialto Company. giving as his reasons that all matters before the Post office Department had been closed up.