The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-11-28
BURTON'S SIDE.
A Summary of His Contentious in the
Case.

court until tomorrow the following is
a summary of the senator's contentious
in the brief he recently fled and to
which the attorney general today made
reply:
On January % of the present year
the federal grand jury sitting at st.
Louis returned an indictment against
]. r. Burton for having accepted
money from the Rialto Grain and Sc
curities company of st. Louis, while
he, Burton, was United States sena-
tor. The charge against Burton was
that he went before the postmaster
general, the chief postoffice inspector
and other high officials of the post
Office department and prevailed upon
the authorities not to declare the
business of the grain company in its
use of the mails fraudulent. For this
service, the indictment charged Bur-
ton with having received $500 a month
for five consecutive months.
The indictment against the Kansas
senator contained nine counts, each
identical with the others, with the ex-
and time when the alleged business
were given.
RiaItO Company.
Like most of the other ''get-rich-
quick concerns, the Rialto company
proposed to invest the money of
amounts, in grain or securities, promis-
ing large returns. The company adver-
tised extensively in the newspapers and
by the means of circulars in which the
proposition was most attractiVely dis
played, and the number of clients is
said to have mounted into the thou
sands.
The concern moved into handsomely
furnished offices where an army of
stenographers was employed to look af-
ter the extensive correspondence. One
or two men handled all the money, and
so far as known, very little of it ever
markets, for which it was intended. So
long as the money kept coming in, 1t
was easy to satisfy the few clients who
demanded their profits, the others be-
to continue, in view of the astonishing
rate of increase reported to them by
the managers of the concern.
More Money Than They Could Use.
The promoters meanwhile had more
money than they knew what to do
with. Their extravagances were the
talk of St. Louis.
Shortly the circuit attorney and his
assistants raided the offices of the
Rialto company. In the literature
found among the effects were numer-
GUS circulars containing the endorse
ments of well known public men, who
testified that they had money in the
concern and had found it a very salts
factory investment. One of the most
glowing testimonials was signed with
the name of Senator J. r. Burton of
Kansas.
When the raid was made on the
seized was also the correspondence
which passed between Burton and
officers of the company, together with
some of the Cancelled checks. This
government officers who, after maxi
in ga case, turned the evidence over
to the United States district attorney,
who convened the federal grand jury
Tr,I tot, Ill f<1I
Senator Burton was convicted of
nine counts, sentenced to serve a term
of six months in Jail, and pay a fine
of $4,000.
1t is now the prayer of the defend
ant to have the United States supreme
court wholly reverse the judgment and
sentence of the court below.
Burton's Brief.
Burton, in his brief, explains how
he came into the employ of Rialto |
company. He says that H. w. Kastor
& Sons, friends of his, engaged in the
recommended him to the company.
This firm of Kastor & Sons had also
had large advertising contracts from
Major Dennis to advertise the bust
out the country. Without Burton'S |
knowledge or procurement, Kastor, as
a friendly act, advised Major Dennis |
to employ Burton, whereupon Den |
Burton not only as Dennis personal |
counsel in an apprehended Indictment
in the federal courts, but also as the |
general counsel of the Rialto COM |
was total stranger to Dennis and
knew nothing whatever about the
Brooks Brokerage company or the
Rialto company"
Arrangements were made for Bur-
tons services. 1.-The compensation to
Burton was to be $500 a month, pay
able in advance, and was to continue
for a period of not less than five
on November Is, 1902. The contract in
terms excluded any prohibited service
in the government departments.
at was shown, and will appear, that
whether it was the purpose of the
postoff1ce department to prosecute
Major Dennis in the federal courts at
St. Louis. by reason of his relation
to the Brooks Brokerage company.
This led to Burton's first visit to the
department Incident to that visit,
Burton informed Cochran that he was
employed as general counsel of the
were any complaints in the depart
ment against that company and was
advised by Cochran that two letters
had been written, one by Hout and
one by Evans
These two letters complained of the
Rialto company with using the mails
for Illegal purposes. They We're referr-
ed to the postal inspectors at St Louis
for investigation. According to the
statements in Burton's brief an investi-
cation of. these two letters, or COM
plants, proved a failure in making
case
AT this point" says Burton's counsel,
I'VE desire to direct the courts attention
to the fact. which is the most pregnant
one in this inquiry-namely: that these
two complaints in the department relating
to the Rialto company of which Burton
had at any time during his employment
any knowledge, or concerning which the
ing knoXledRa or notice.