The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-22
Kansas Senator Placed on Trial
in st. Louis.
Charge Is Accepting Money to
Influence Government.
NO DELAY REQUESTED.
Announces He Is Ready and
Pleads Not Guilty.
Charles Blood Smith Appears as
One of the Attorneys.
JURY EASILY SECURED.
Judge Allows Defendant Only
Three Challenges.
Many Witnesses Present in the
Court Room.
Announces He Is Ready and
Pleads Not Guilty.
Charles Blood Smith Appears as
One of the Attorneys.
JURY EASILY SECURED.
Many Witnesses Present in the
Court Room.

st. Louis, No, March 22.-The trial
of United States Senator Joseph Ralph
Burton, of Kansas, charged with hav-
ing accepted $500 from the Rialto
Grain & Securities company to use his
influence with the postoffice depart
ment to prevent the issuance of a fraud
order against the Rialto company, was
begun before Judge Adams in the
United States court today. 1t is con-
sidered probable that the trial will oc-
cupy the balance of the week.
No attempt was made by Senator
Burton's attorneys to secure a contin-
uance when his case was called as was
anticipated. Instead. the defense an
nounced that it was ready for trial.
Senator Burton was on hand with
his attorneys some time before the
hour for court to convene. He appeared
somewhat depressed, and not as self
confident as Kansas people are accus-
toned to seeing him Mrs. Burton was
not present. Directly in front of the
senator sat his attorneys, Judge Ches-
ter H. Krum, who cleared Butler, the
St Louis millionaire of the charge of
boodling, and Fred w. Lehman. With
him, too, was Charles Blood Smith, who
ton He is not employed in the case
but as a friend of the senator's, he is
volunteering his services H. c. Doo1ey
of Independence who was one of Bur
tons chief supporters in the legislature
which elected him senator, is also here.
As soon as the jury was called Judge
Chester H. Krum, Burton's chief at
torney stated that the defense had
asked for a larger venire than the one
summoned, on the ground that while
the offenSe charged against Burton is
scheduled as a misdemeanor. it is
nevertheless infamous. and the de-
fendant IS entitled to more than three
challenges. Krum called attention to
the fact that a forfeiture of office is
attached to the penalty in addition to
the ordinary punishment for misde-
neanOrs. Judge Adams held that the
defense is entitled to. only three chal-
lenees in a misdemeanOr as distin-
gushed from Il felony.
District Attorney Dyer nOllied the
fourth and fifth counts, and the defense
entered q formal plea of not guilty.
The em9anelling of the jury required
most Of the morning. 1t is pronounced
an exceptionally good jury. Financial
interests are largely represented on it.
1t is made uD as follows:
e. S. Purdy, st. Louis, dry goods
salesman.
James Bowers, Cape Girardeau coun-
ty. farmer.
Eugene FF. Rephenstein. Harmon,
bank cashier
A. E. Dom, St. Louis. treasurer Sim
mons Hardware company.
NJ. f. Brown, st. Louis, clerk beer
inspectors Office.
A. L. Ford. Madison county miller.
A p Behrens, Jackson, merchant.
Charles F. Bates, st. Louis, mer-
G w Wall. St. Louis. treasurer.
Meyer Bros. Drug company.
Albert D. Groves, st. Louis, archi-
tect.
William H. Steele, st. Louis, lumber
merchant
William B. Lansing. st. Louis, grain
broker.
The government is represented by d.
P. Dyer, United States district aSlov-
ney, his assistants, Bert D. Nortoni
and Horace Dyer.
MANY WITNESSES CALLED.
Colonel Pat" Dyer, United States
district attorney for the eastern dis
trict of Missouri who is prosecuting
Senator Burton, has subpOenaed 20
witnesses by whom he expects to prove
the charge against Senator Burton
that he received money for acting in
a matter in which the government was
interested.
These witnesses might be divided in
to four groups. There is one class
which has knowledge of the Rialto
Grain & Securities company, from
which it is alleged that Senator Bur
ton accepted money. Another class is
Washington, by whom it is expected to
prove that Burton performed services
for the Rialto company Another class
is Washington people to whom Burton
talked, and still a fourth are people
of New York and New England who
made complaints to the postofice de-
partment concerning the Rialto COM
pany. This evidence is expected to
prove that the government was inter
ested in the Rialto company.
THEORY OF THE DEFENSE.
The theory of the defense is that the
government had no interest in the
Rialto company.
Colonel w. W. Smith, Senator Bur-
toms secretary, asserts that Burton 5
only action was to go to the postoffice =
department and make inquiry whether
there was a fraud order against Major
Hugh c. Dennis. president of the Ri
alto company. It is asserted that the
senator was told there was no suen
order and that none was contempi1-
ted. Then Senator Burton requested
that he should be notified should such
an order be made.
The defense will maintain that as
there was no fraud order and none
contemplated against the Rialto COM
pany, the government was not an in
terested party. Senator Burton ad-
mits that he was employed as an at
torney fer the company. and it is ad-