Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-03-29
BURTON GUILTY.
Jury Out Forty-one Hours in
Kansas Case.
United States Senator Convicted Of
MaIfsasance in Office.
If Verdict is Sustained Will Lose His
Seat.

-. Louis. Mafcn 2S.-JOScph Ralpn
Burton, senior United States senator
from Kansas. WAS convicted by a jury
in the United States district court to-
day, OF having accepted compensation
to protect the interests of the Rialto
Grain & Securities Co. of st. Louis be-
fore the post office department. The
jury dcIiberated IL hours.
A motion for Il new trial was imme-
diatcly nled by counsel for the senator
Judge Adams thereupon ordered that
Senator Burton appear in court, either
in person or by proxy from day to day
until the court has heard the arSu-
n1ents for Il new trial.
For 4 time there threatened to be a
disagreement in the jury. The jury
WIS brought before Judge Adams who
asked the cause for the long delay. He
vas told that II jurors had agreed, but
the 18th stood alone. The court admon-
ished the lone juror that the expense
of Il new trial should not be incurred
because Of him failing to agree with
the majority of the jurors.
4 precedent was quoted showing that
the majority Of the jurors should de-
eide the case before the and Il verdict
~ iNi'i'iti az ''itiiiSiy. It JUN ) Ntis'
then told TO go back and poll the vote
once more. Soon after the jury report
ed, bringing in Il verdict. but Judge
Adams found that the third count in
the Indictment had not been considered
and again he sent the jury back to con-
slider the case without having an
nounced the verdict returned.
The third time the jury entered the
court room the result of its dolibera-
tions WAS announced and United States
Senator Burton stood convicted on the
charges brought against him in the i'll
dictment.
Senator Burton WAS indicted in jan
u2ry last. Although as Il member of
Congress he could not be arrested until
after that body adjourned. he volun-
tarily surrendered himself to the prose-
cutting authorities. He still had two
years to serve in the Senate.
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. \
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. When
Judge Adams looked at the verdict and
! found that the jury had made no dispo-
sition of count three. the foreman said
Inc jury had agreed as to that and the
! judge instrucsted the jurors to retire and
| include their finds as to count three in
| the written verdict During the j. min
utcs the jury was out. net n word was
! ..N1-x
| i;ossinSton. Charles i. Smith. Represent
alive Campbell nor the other friends of
Senator Burton were present at this time
| Senator Burton sat immovable looking
neither to the right nor the left
| When the jury returned again to the
court room their verdict was: we. the
jury. find the defendant guilty on counts;
| one. two. six, eight and nine in the in
| dictm"nt and not guilty on count three"
| There was no rcrccptiblc change in Sen
ator BurtOn'S countcnancc when the YER
dict was read. Judge Krum asked to have
the jury nolcd Each answered that the
F, verdict vas his own. judge Krun forth
| with presented n motion for Il new Trial.
The court replied that the bond of s.htj
was entirely sufficient. The court did not
pass sentence.
| Court having adjourned. Senator Barton
| calmly lighted Il cigar and, turning to his
attorneys and his private secretary, be
gan "A conversation in a low tone. He APP
pcared completely composed.
! If today's verdict is sustained Senator
Eurton will lose his scat in the Senate
and forever be prohibited from holding
any Office of pubic trust Each count
!
! ator Burton could receive Il pcnitentiary
sentence of two years or IL $1,000 fine on
| each count Senator Burton's conviction
is the first under this section Of the stat
ute which was enacted by Congress in
1854
The evidence adduced against Scna-
Tor Burton may be summarized as fol-
! lows:
| IN November. 1898, he accepted Il
| proposal to become general counsel of
| the Rialto Grain and Securities Co. Il
concern whose operations at the time
We're under the scrutiny of the post
| Office department.
| Burton demanded $500 for his ser
| vices. but he was satisfied to be paid
| in monthly installments of $500 each.
! Soon after his employment it devel-
oped that the federal grand jury was
investigating the Brooks brokerage
Co. with which Major Hugh G. Dennis.
president of the Rialto Co, had been
associated.
Numerous letters written by Burton
showed that the senator was using his
influence to prevent the issuance Of 4
fraud order against the Rialto Grain
and Securities co.
Burton submitted regular reports TO
the Rialto people telling them no"
matters were progressing at Washing
ton. advising them of complaints filed
nj the most office department and clos
ing with the assurance that IF you
look after things at your end OF. the
line. | will attend TO matters here.
Reference to a compilation of Senate
election cases from 1879 to 1903 shows
no expulsion of 4 senator for convic-
ton Of 4 crime. though there have
been instances where members of the
Senate have resigned before action on
| charges.
(Continued on page ~