Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-28
MOTION FOR A new TRIAL MADE
Judge Adams Ordered Defendant 10
Appear in Court From Day to
Day at 10 o'clock.
HE MAY LOSE HIS SENAT0RSHIp.
Lawyers Close to Gov Bailey Regard
His Conviction as an Immediate
Vacation of His Seat in Senate.

st. Louis, March 2S.-Joseph Ralph
Burton, United States senator from
Kansas, was convicted by jury In
the United States district court today
on the charge OF having accepted COM
pensation to protect the interests of the
Ralto Grain & Securities company Of
ST. Louis before the postofiice depart
ment The jury deliberated II hours
a motion for new trial was imme-
diately filed by the counsel for the SEN
ator. Judge Adams thereupOn ordered
that Senator Burton appear I'm court
either In person or by proxy at 10
o'clock from day to day until the court
has heard the argument for new
trial. and II decided against him to
fix his punishment.
For a time there threatened to be a
disagreement In the jury. The Jury
was brought before Judge Adams, who
asked the cause Of the delay. He was
told that II jurors had agreed but the
twelfth stood alone. The court adj
monished the lone juror that the ex-
pense OF new trial should not be in
Cured because Of him waiting to agree
with the majority OF the jurors. A pre-
cedent was quoted showing that the
majority of the jurors should decide
the case before them and a verdict be
rendered accordingly. The jury was
then told to poll its vote once more.
Soon after the jury reported, bringing
In "a verdict, but Judge Adams found
that the third count in the indictment
had not been considered, and again he
sent the jury back to consider the case
without having announced the verdict
returned.
The third time the jury entered the
court room the result of its delibera-
tons was announced. and United states
Senator Burton stood convicted on the
charges brought against him in the in
dictment
SENATOR BURTON SENT FOR.
skansas city, Mo-, March ga star
special says.
At the time thtat word was received
by the court that the jury was agreed
and was ready with a verdict, Senator
Burton had gone TO the Southern hotel.
a marshal was sent 10 notify him TO
appear in court. The senator came in
to the room at 10 minutes after II
o'clock. He had been sent ror half
an hour before and the long delay
caused a rumOr that he had collapsed.
Few people were In the court room
when he entered. He took a seat by the
side of his attorney, Mr.. Lehman, and
looked the Jurors In the face as they
entered.
Have you reached "erdlct in tho
case" asked Judge Adams.
We have" said the foreman,
Hand il To the clerk said the court.
Judge Adams looked az the verdict
and said. you have made no disposi-
ton Of count three
I'VE have agreed as to that" said Mr..
Charles Wall, the foreman,
The Judge instructed the jurors to
retire and include their findings as to
count three In the written verdict.
During the Is minutes the jury was
out not word was rpokeu in the court
room A funeral service could not have
been more solemn. Neither w. IL Ros-
ington Charles H. Smith, Representa-
tive Campbell nor other friends Of SEN
ator Burton were present at this time.
Senator Burton sat immovable, looking
neither to the right nor the left. The
jury returned again at 1926.
I'VE, the jury, tind the defendant
guilty on counts one, two, six, eight
aud nine in the indictments. and not
guilty on count three
There was no perceptible change IN
the Senator Buttons c0untenance when
the verdict was read, Judge Kfum asked
to have the jury polled, Each answered
that the verdict was his own. Judge
Krum forthwith presented a motion for
new trial. The court replied that tho
bond Of $1,000 was entirely sufficient.
The court did not pass sentence.
The court having adjourned, senator
Burton calmly lighted cigarand turn
Ing 20 his attorneys and his private Sec
rotary, Col. w w Smith began a con-
yersation in low tone. lie appeared
completely composed
"lf this verdict Is sustained Senator
Burton win lose his seat IN the senate
and forever be prohibited from holding
any Office of public trust. Each count
constitutes a separate Oitense and sena-
tor Burton could receive penltentiaty
sentence OF two years or $4,000 fine
ON each count. Senator Burtons con-
,ictIon is the first under this section OF
the statutes which was enacted BY Con-
SEAT MAY DE VACATED,
Kansas city, March ga special Ia
the Star from Topeka, kan, says:
Lawyers who are close to Gov Bailey
regard the conviction Of Senator Bur
ton as am immediate vacation Of his
seat and the contest for the place viii,
Il is believed, commence at once.
A Judgment against man In u case
OF this kind" said an eN-Justicc OF tho
Kansas supreme court today rs re-
gardcd By the courts as conviction in
The meaning Of the statutes even
though an appeal may be taken ant
the decision OF the lower court subse'
Quenty reversed
GOV. Bailey refuses 20 discuss tho
case.
Politicians close to the CHIEF eXecu-
tive express the belief that the choice
OF Senator Hurton's successor lies be-
tween Fourth Assistant Postmaster
General Brstow OF Sllina, Kan, aud
Gurus Leland former Republican ma
uunal committeeman from Kansas,
now SENATORS VIEW CASE.
washington, March 9S,--Members Of
the senate committee ON privileges and
I..lu1e have discussed Informally the
conviction OF Sena tor Burton but until
wD uu,tpr comes before the committee
the members are l0ath to give their per.
sonal views. II Will take a formal ac-