Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-28
BURTON CONVICTED
Verdict Rendered by Jury at
st. Louis Today.
DELIBERATE Al HOURS
COUNSEL FOR KANSAS SENATOR
FILES MOTION FOR NEW TRIAL.
Threatened to Be Disagreement for a
Time Judge Admonishes Juror That
Majority Should Decide Case.

ST. LOUIS, March 2S-Joseph Ralph
Burton. senior United States senator from
Kansas, was convicted by jury in the
United States district court today Of hav-
ing accepted compensation to protect the
interests Of the Rialto Grain and Securities
Company of st. Louis before the Post
Office Department. The jury deliberated
forty-one hours.
A motion for O new trial was Immediate
Iy fled by the counsel for the senator.
Judge Adams thereupon ordered that Sem
ator Burton appear in court either in per-
son or by proxy from day to day until the
court has heard the arguments for new
trial
Threatened Disagreement.
For time there threatened to be dis
agreement in the jury. The jury was
brought before Judge Adams, who asked
the cause for the long delay. He was told
that eleven jurors had agreed, but the
twelfth stood alone.
The court admonished the lone juror that
the expense of a new trial should not be
Incurred because of him failing to agree
with the majority o. the jurors.
A precedent was quoted showing that the
majority of the jurors should decide the
case before them, and a verdict be rem
dered accordingly.
The jury was then told to go back and
poll its vote once more.
Third Count Not Considered.
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 it's deliberations was
announced, and United States Senator Bur
ton stood convicted on the charges brought
against him in the indictment.
Burton Appears in Court.
At the time that word was received by
the court that the jury had agreed and
was ready with the verdict Senator Bur-
ton had gone to the Southern Hotel. A
marshal was sent to notify him to appear
in court.
The senator came into the court room
half an hour after he had been sent for.
and the long delay caused a rumor to
spread that he had collapsed.
Few people were in the court room
when he entered. He took his seat blythe
side of his attorney and looked the Jurors
In the face as they entered.
When Judge Adams had looked at the
verdict, and found that the jury had made
no disposition of count three, the foreman
the judge instructed the jurors to retire
and include their findings as to count three
| in the written version.
Funeral Quiet in Court.
During the fifteen minutes the jury was
! out not word was spoken in the court
| room. A funeral service could not have
been more solemn. Neither W. n. Ros-
sington. Charles B. Smith, Representative
Campbell nor other friends of Senator Bur-
fny, nrcr nj L.
ton sat innmovable, looking neither to the
right nor the left. When the jury returned
again to the court room their verdict was:
I'VE. the jury. find the defendant guilty
ON counts one, two, six, eight and nine in
the Indictment and not guilty on count
three"
= Burton Unmoved.
There. was no perceptible change in Sem
ator Burton's countenance when the YER
dict was read. Judge Krum asked to have
the jury polled. Bach answered that the
verdict was his own. Judge Krum forth
with presented a motion for new trial.
The court replied that the bond of 5000
was entirely sufficient. The court did not
pass sentence.
Court having adjourned. Senator Burton
calmly lighted cigar and, turning to
his attorneys and his private secretary,
Col w W. Smith, began conversation
in low tone
He appeared completely composed.
Effect of Sustaining Verdict.
If today's verdict is sustained Senator
Burton will lose his seat in the Senate and
forever be prohibited from holding any Of
flee of public trust
Each count constitutes a separate offense
and Senator Burton could receive a peni-
tertiary sentence of two years or a $4,000
fine on each count. Senator Burton's con-
viction is the first under this section of
The statute, which was enacted by Con-
gress in 1864.
Synopsis Of Case.
Senator Burton was indicted by tine fed
eral grand jury OF st. Louis January %.
He was placed on trial ten days ago charged
with accepting $500 from the Rialto Grain
and Securities Company while a United
States senator, for his alleged services in
interceding with the Postmaster General,
Chief Post Office Inspector Cochran and
other high post office officials to induce them
To render favorable decision in matters
affecting the permission and right of the
Rialto company to use the mails.
Maj. Hugh c. Dennis. president Of Inc
Rialto company. and his associate. W. B.
Mehaney. We're named in the indictment,
which contained nine counts. The alleged
oferse occurred November %, 1902.
1t would take formal action by the Sem
ate to declare Burton's seat vacant, and
this will not be done until a court of last
resort has passed upon the case
Members of the Senate committee on
privileges and elections have discussed in
formally the conviction of Senator Burton,
but will give opinion now as to the eff
feet of the decision on his retaining his seat
In the Senate. 1t is said he may be entitled
to have his appeal acted upon by the courts
before the Senate takes up the question of
his fitness to continue to sit as a United
States senator Until the matter comes
before the committee the members are 10th