The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-25
Senator Burton Says That Is
Why lie Took Money.
Told Cochrane He Had Already
Paid $4,000 Of Them.
THEIR CASE is RESTED.
Government Closes with Coch-
rane's Testimony.
Defense Apparently Surprised
at Sudden Termination.

st. Louis. March 25.-The trial of Sen
ator J. r. Burton of Kansas was re-
sumed this morning when the defense
begun the presentation of the case in
behalf of Senator Burton.
The government this morning offer
ed as evidence the indictments return
ed by the federal grand jury last No
Vember against Dennis and Thomas
w Farland. of the Brooks Brokerage
company, which the prosecution rest
ed Judge Krum filed a demurrer to
the governments case but the court
oVerruled it without argument.
TIE defense moved to require the
government to elect upon which count
it would proceed. In passing on the
motion Judge Adams stated that the
first three counts refer to a single
transaction, the payment made ON
March 26, that the first charges Sen
atOr Burton with receiving money in
a case in which the government was
directly interested, while the second
count makes the same charge except
that the government was indirectly in
terested. Judge Adams said he would
instruct the jury that the government
was directly and indirectly interested
and these two counts would stand. The
third count was thrown out as a rep
etition of the first, the fourth and fifth
had already been nollied, but the court
held that the other four counts charge
the payment of different checks, and
each constitutes a separate Offense
and would stand. Six counts will
therefore go to the jury.
The first witness for the defense was
Thomas p. Harlan, attorney for the
RiaIto company who rehearsed the or
ganization of the company and the
trip to Chicago on which he arranged
for Burton's employment by the Rialto
company He explained to Burton, he
said that the company was prepared
n. 1o4k DIV hot
proposed to get securities from trust
companies and sell them to customers
through this correspondence. Burton
was wanted to represent the RialtO
company in the east. He said that
Burton made this stipulation: You
must remember I am a United States
senator and 1 am not going to any
thing Incompatible with my position
Is United States senator
This increased my admiration for
him." continued Harlan.
Never mind your admiration said
Colonel Dyer.
HARLAN said Burton made the pro-
position that he would act for the COM
pany for $500 a month, stipulating that
- it should be for more than a single
month and it was agreed that 1t
should be for at least five months ana
that payments should be made in ad-
vance.
On cross examination Harlan said
he felt free to call on Burton to go to
the department, if necessary, leaving
Burton to be the judge as to whether
he ought to do it. Harlan seemed very
uneasy on the witness stand. He ad-
mitted that when Burton was employ
ed he knew complaints against his
company were pending in the post
office department.
ATTORNEY Krum directed the witness
fl an attempt to refute the testimony
given by VIII am D. Mahaney, former
vice president of the Rialto company,
who testified that at conference Of
attorneys it was decided not to have
Senator Burton represent Major Dennis,
president of the Rialto company, who
had been indicted by the federal grand
fury, as his presence might antagonize
PostofFice Inspector Dice" head of the
St. Louis office. Harlan testified that
this statement was not true and de-
clared that il had been urged that Bur-
ton represent Dennis, but that the
latters attorney thought it would be
unwise to weight down the case with
counsel.
PROSECUTION CLOSES.
All the evidence by which the govern
rnent expects to convict Joseph r. Bur
ton. senior senator from Kansas, with
violating section 1872 of the revised
statutes in accepting a fee Of $500 from
the Rialto Grain & Securities company
to use his influence with the postoffice
department, has been presented before
q jury in the United States court here.
After Hector c. McRae, vice president
of the Rialto Grain & Securities COM
pany had detailed a conversation which
had occurred in the offices of his COM
pany between Senator Burton. Mr.. Ma
haney, the vice president, and himself,
the government rested its case.
In this conversation the witness al
legged that the vice president of his COM
pany had observed that Senator Burton
felt he was not earning his fees, in
view of the fact that no more cases
were pending before the postoffice de-
1r-fr7- -,r7f h1f hnfnra loo, fY1r- Car1-
ator Burton said he would always be on
Inland if the company needed him.
Equally as direct was the testimony of
w. E Cochrane, chief postoffice in
epector who told of a conversation
with Senator Burton, at the latter's of
fee in the senate annex in Washington
Burton explained to Cochrane that he
wanted to practice before the pOstoffice
department and other departments. He
was poor, the senator explained, and
had lost heavily during the panic Other
senators had increased their incomes in
this manner and he thought iSSwas all
right to. Still, to another witness, Sen
ator Burton said he was not a cheap at
torney and would mot take the service
except for good pay"
The government case is regarded as
complete by those who have followed
the trial. Before the jury are the
checks paid Senator Burton and the
circumstances under which he received
the last $500 in cash. Before the jury
are the letters which told Burton what
to do and his replies explaining that
he had done them. His efforts in be
half of his clients before the chief
postoffice inspector, the fourth assist
ant postmaster general and the post
master general have been set forth in
detail. From his personal letters, ali
before the jury, are requests that his
months pay be sent him." and COLI
Guiding ali is the testimony of the Of
fcer of the company he served, that
after the final fee had been paid Sena-
tor Burton, before leaving, gave Mr..
Mahaney his address and said he was
always at hand if the company re-