The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-25

cOrreSpOnded with O1ncefS OF the COLI
pany regarding its affairs, but the
court held that additional evidence on
this point was mere surplusage and
for that reason ruled it out
Today's testimony showed, among
other things, that with his pretense OF
earning a fee as a lawyer, Senator
Burton was in complete ignorance OF
the existence of section 1882 of the Ie-
vised statutes which preScribeS pen
atty for members of congress who are
retained in cases in which the govern
ment has an interest. 1t was brought
out in the testimony that when the
dispatch came announcing Senator
Burtons Indictment he insisted that
he had done no wrong, and that he had
merely gone before the department as
an attorney. Later in the day he sent
for the chief postoffice inspector and
begged to be informed what sections
of the statute he had violated. He
was told the number of the section
and what it prohibited, and having
been thus informed, the senator visit
ed the newspaper correspondent ana
changed the interview he had gwen
out earlier in the day.
William E. Cochrane. the chief post
office inspector, was the first witness
examined by the government IN the
afternoon. It was with Cochrane that
much of Senator BurtOn'S business was
transacted. 1t was he who had charge
of all the postoffice inspectors, and
who had authority to change any one
of them from an assignment and de-
tail another man in his place
Cochrane testified that Senator Bur-
ton had called at his office before any
complaints had been filed against the
Rialto company. Judge Krum objected
to the introduction of the testimony,
recounted several visits Senator Burton
had paid to the postoffice department,
one of them in company with Major
Dennis the president of the Rialto
| laoY iTotrOdTPod Dennis fO
Cochrane and told Cochrane that he
wanted him to meet Dennis and see
what kind of a man he was. Senator
Burton explained that he did not want
to antagonize the department. The
next time Cochrane saw Senator Bur-
ton after that was January "A, 1903.
Senator Burton insisted that certain
records of the Brooks Brokerage COM
pany were in the possession of Mr.. Dice,
the postoff1ce inspector at st. Louis.
and should be returned to him. 1t will
be recalled that the Brooks company
was the CONCERN which was forced out
of business and from which the Ria1to
company was organized. Cochrane said
when this request was made to him
that he would be governed by the
opinion of the assistant attorney gen
eral. Senator Burton was insistent.
and the three called on General Bris-
tow, the fourth assistant postmaster
general. Bristow also declined to ac-
cede to the request. From General
Bristow's office the party proceeded to
the postmaster generals office, where
Senator Burton's request was again
denied.
PAID HIS DEBTS.
February Cochrane told of a. visit
he made to Senator Burton's office in
the senate annex at Washington. This
testimony was perhaps the most direct
and damaging that has been submitted
during the entire trial as showing the
motives which actuated Senatory Bur
ton. Among other things, Senator Bur
ton said at that time to Mr.. Cochrane:
L want to appear in this and other
cases before the department, but want
it understood in so doing l shall never
antagOniZe the department. My efforts
shall rather be directed towards the
harmonious adjustment of differences"
He said he could make some money in
that way and apply it on old debts;
that he had lost very heavily through
the panic, and that he had paid, Mr..
Cochrane could not tell exactly within
what time, but his recollection was since
Burton's election as senator, about So
600 in debts for which he was not legal
ly liable. Burton had said he should
never plead the statutes in defense of
any just claim against him. He said
there was not anything wrong about
this; that number of senators, notably
Senator Edmunds, had increased their
income by such practice and that it was
all right.
In answer to the question by the dis
trict attorney: What, if anything, was
said by him about overstepping the
bounds?" Mr.. COchrane said: He
asked me to warn him.
! William J. Vickers, postofice inspec-
tor in charge at Cincinnati, accompa-
MED Mr.. Cochrane on his visit to Sen
ator Burton. Burton told Cochrane he
was anxious to know why or for what
he had been indicted. Mr.. Cochrane
said it would be improper for him to
state, inasmuch as he had been a wit
ness before the grand jury, and would,
| if a trial followed, be a witness again.
! Said Mr.. Vickers
Senator Burton said he had appear
/ ed for this company as attorney; that
/ he had always sought not to antagon-
! ize or oppose the department; that he
desired rather that his clients should
! come into harmony with the rulings of
! the department. He said he had visit
! ed other departments, the pension Of
! flee, | think was mentioned, and that
! he would not do it if he thought it was
/ improper. He said he had met the Of
! fcers of the company in st. Louis on
his way to and from the congress, and
that he had received a good fee from
/ them; that he was not a cheap attor-
ney, that he would not take the service
unless for good pay"
r. H. Lindsay, Washington cores
pondent for the Kansas City Star, told
of Il conversation he had with Bur
ton over the telephone on the day he
was indicted, in which Burton insisted
that he had merely appeared before
the department in behalf of his friend,
Major Dennis, and as an attorney.
Lindsay told Burton then that the
charge against him was, as he under
stood it, that he had appeared before
the department in the capacity of a
lawyer. Burton replied that he had
assured Cochrane that he did not in
| tend to interfere in any manner with
! the government. Cochrane was again
called to the stand and testified that
he had gone to Burton's office by re-
quest at o'clock that afternoon. Bur
ton wanted to know what section of
the >atute he had violated and the
witness informed him.
Jewel H. Aubere, correspondent of
the St Louis Globe-Democrat. told of
two interviews he had had with Bur-
ton. One was in the afternoon. before
Burton knew the section of the statute
under which he was indicted. Burton