The Montgomery advertiser., 1904-03-29
 BURTON IS FOUND GUILTY Senator From Kansas IS Convicted.
 - THE JURY OUT Al HOURS Motion For New Trial is Made By Counsel.
THE JURY OUT Al HOURS
For a Time Disagreement was Threatsnded, and Judge Adams Delivers Lecture to the Re
 calcitrant Jurors

St. Louis, March 8.--Joseph Ralph Bur- ton. senior United States Senator from Kansas. was convicted by jury in thb United States Court today on a charge of having accepted compensation to pro- tect the interests of the RiaIto Grain and Securities Company of St. Louis, hef0re tho Postofiice Department. The jury de- liberated forty-one hours
 A motion for a new trial was immedi- ately filed by the counsel for the Senator Judge Adams thereupon ordered that Sem ator Burton appear in court either In per- son or by proxy at 10 o'clock from day to day until the court has heard the arr guments for new trial, and if decided against him. to fix his punishment.
 For time there threatened to De d dfs- 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.
 Majority Could Decide.
 The court admonished the lone 5nfor that the expense of new trial would not be incurred because of him falling to agree with the majority of the jurors A precedent was quoted showing that khe majority of the jurors should decide ths case before them and a verdict be rend- cred accordingly. The jury was then told to go back and poll its vote once more. Soon after the jury reported. bringing m a verdict. but Judge Adams found that the third count in the indictment had not been considered. and again sent the jury back to consider the case. without having announced the verdict returned
 The third time the jury entered tho court room the result of it's deliberations wat announced and United States sena- tor Burton stood convicted on the charges brought against him in the indictment
 Senator Burton was tried on the charge of violating Section 17s2 of the Federal statutes. The indictment was that he offered to accept and did receive com- pensation for services rendered before the PcHtoffice DeDartmant for the Rialto Grain. and SeeaaritieH Cornpauy,
 qslaNfA aSe A8Eela counts
 The extreme penaity cn each charge is Imprisonment for two years and dne of s1O0.0Oo.
 The minimum penalty is one days inl- priaonment and A fine on each charge
 pebarred From Holding .ofice
 By his conviction Senator Burton Is deharred forever from holding any office in the United States.
 Senator Burton was indicted in Janu- ary last. Although as a member of Con- gress. he could not. be arrested until after that body adjourned, he voluntarily sur rendered himself to the prosecuting au- thcrities. He still had two years to serve in the Senate.
 Senator Burton went directly from the court room to the Southern Hotel after the verdict was rendered and retired to his room for rest. After a time he went to the hotel lobby and sat around talking with friends who occasionally dropped In. Apparently he was very nervous and his appearance was worn, the anxiety of tho past week having very perceptlbiy left its effect. When asked by the AssOciat- ed Press If he had anything to say con- cerning the verdict he hesitated few moments and then with a gesture of his hand said:
 T refer all inquiries to my attorneys. You certainly appreciate the situation and understand that I have nothing to say"
 The evidence adduced against Senator Burton may be summarized as follows: In November. 1902. he accepted propo- sition to become general counsel of ths Rialto Grain and Securities Company a concern whose operations at the time were under the scrutiny of postofiice of- hcials Burton demanded $2,500 for his services, but he was satisfied to be paid in monthly installments of $500 each
 Used His Influence.
 Soon after his employment it developed that the Federal Grand Jury was investi- gating the Brooks Brokerage Company with which Major Hugh c. Dennis presi- dent of the RiaIto Conspany had been as- sociated. Numerous letters written by Burton showed that the Senator was us- ing his influence to prevent the issuance of fraud order against the Rialto Grain and Securities Company Burton submits ted regular reports to the Rialto people. telling them how matters were progress ing at Washington, advising them of com ! plaints filed at the Postoffce Department and closing with the assurance that If you look after things at your end of the line will attend to matters here"
 Testimony of opstoffice officials show that Senator Burton had told them he in- tended to practice before the department: that he had lost $7O,OO0 in panic and de- sired to make some money asa practicing lawyer"