The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-26

Al called Inere uISl OH TIE zOAAl QoJ
| of November.
| Q.-Had you been there previously
| to that at any time between the time
when you left washington at the close
of the session and the occasion OF TINS
visit that you indicator
CONTRADICTS COCHRANE-
Al had not. I had not even been
/ in the city.
Q.-State what occurred Or, IN the the
first place, or for what purposes did
you go to the postoffice department on
the goth of November?
Al had received letter from Mr.
Harlan.
Q-On receipt of it. what did you
Al went to Mr.. Cochrane's office.
Q.-What inquiry did you make, as
| you recall?
Al asked him if he had any infor-
nation, 1 cannot remember the exact
words but whether he knew If Mr.
Dennis had been indicted. or If 1t had
been determined to indict him, and
said: If he is indicted 1 expect to help
to defend him. and l think his answer
was that he knew nothing about it.
Q.-Right there, senator, what wao
your purpose in making that inquiry OF
| Cochrane with reference to any COM
plants concerning the Rialto Grain &
Securities company? State to the jury
what your purpose in that respect was:
Al had been employed as counsel
for the company that / had this letter
| November 1S) telling me that the tenta-
tive employment he had made with me
| had been ratified by the company. had
been advised that Major Dennis had had
trouble with the Brooks Brokerage COM
pany. AS 1 say, / went there to ask
about that Both Mr.. kaStOr and Mr..
Harlan had assured me that whatever
! irregularities there were in that COM
pany, it was not the fault of Major
Dennis. I knew Judge Krum and Mr..
Harlan were the attorneys of this COM
pany, but being advised that far.
wanted to satisfy myself with respect
to the standing of this company in the
department. That was the motive of
| the inquiry.
Q.-At the time of the interview be-
tween Mr.. Harlan and yourself, in
! which details of your employment were
| arranged, was there any indication Civ
en- you that there had been any COM
| plant made against the Rialto Grain &
| Securities company?
A.-No, sir; Mr. Harlan said to me
| that there was absolutely nothing
against the company, and he said, If
you do not believe it, go and inquire for
4 yourself
$50 is it a fact that it was on this
occasion that you first learned there
was any such thing as a complaint
against the company?
A.-Yes, sir.
Odd you see the Evans letters?
A.-No, sir; I did not, and I did not
ask to see them.
w. w. SMITH ON STAND.
Colonel w. w. Smith. Senator Bur-
toms private secretary, was called to the
stand preceding Senator Burton. 1t
was the evident purpose of the defense
| to raise a doubt in the minds of the jury
as to whether Senator Burton or his
private secretary had written the SEN
tences in the alleged Burton letters,
which had placed the senator in such an
embarrassing attitude. Four letters
| were submitted to Colonel Smith of
4 70 Haf md T,o xad Tl,r,
1 had signed then?"
Senator Burton signed the letter of
| November 20, 1902, but l signed the let
ters of December g. 1902 and of January
10 and February 9, 1907 Colonel Smith
was proceeding merrily in his way of
explaining the methods which were en-
plOyed by Senator Burton in the trans
action of business before him, when he
was stopped by the court who said that
Senator Burton's responsibility for these
letters has not been questioned and it
was an immaterial point who signed
! them.
Before the court interfered Colonel
Smith was asked to read the letter of
/ December 9 and see if he could identi-
fly any sentence in it which would in
dicate to him that he rather than SEN
ator Burton had written the letter.
The witness carefully read the letter
until he came to this sentence: 81 will
take care of things at this end of the
line" He said he was not certain, but
he WAS lIlCllL6u 10 lnlDk IudI he naQ
/ written that sentence. He started In
to tell how he transacted the pension
/ business for the senator, and how he
had full authority to act for the SEN
ator in those matters, when he was
interrupted by the court with the OBJ
servation that the testimony was not
competent.
Colonel Smith was in Senator Bur-
tons office at the time Mr.. Cochrane,
the chief inspector, and Mr.. Vickery,
inSna0fnr visited him q q SIX
ed by Senator Burton's attorneys
whether the chief postoffice inspector
and his assistant, while on the stand,
had told everything that had occurred
in that interview. The witness thought
for a moment and answered:
/ mo, not all. At the conclusion of
the interview, Mr.. Cochrane turned to
the senator and said: I will say you
ment and could not be employed to
go to the department for anybody :"
| In the same letter which Senator
Burton had signed, or somebody else
had signed for him, containing the eX-
pression:' Il will take care of things
at this end of the line" there was an
other expression to this effect: BE
careful to see that the jury is not set
upon you" 1t was apparent that who
ever wrote the first sentence had writ
ten the second and the governments
attorney. therefore, asked Colonel
Smith if he wrote that sentence. He
replied:
L do not remember
In response to inquiries, Colonel
Smith testified that he had never been
to the postoffice department for SEN
ator Burton on any business connected
with the Rialto company. and that
Senator Burton had never consulted
; him about the business of the Rialto
company.
Judge Chester Krum took the stand
for Senator Burton and testified that
he was responsible for Senator Burton
not appearing in St Louis when Major
Dennis was tried. He had told his
client that it was not worth while to
overload the case with lawyers. He
denied that there was any truth in
the assertion that Burton was not
called in because it might have bad
effect in Washington.