The San Francisco call., 1904-03-25
BURTON CASE
NEARING END
Government Surprises the
Defense by Unexpectedly
Concluding It's Testimony
CONTINUANCE GRANTED
Counsel for Accused Senator
Given Until To-Day to Pre-
pare Opening Argument

ct. LOUIS, March 24.-The Govern
ment rested its case to-day in the trial
of United States Senator Joseph P.
Burton, who is charged with having
illegally accepted fees from the Rialto
Grain and Securities Company of ST.
Louis. The action of the Government
came as a surprise to the defense
Shortly after Judge Chester H. Krum,
for the defense, had started his open
ing argument, Senator Burton and
Frederick Lehman, associate counsel
fer the defense. held a hasty confer
ence and Lehman, interrupting Judge
Krum. secured a continuation until to-
morrow.
In concluding its evidence the Gov
ernment showed by the testimony OF
Chief Postoffice Inspector Cochrane of
Washington that he had been required
by Senator Burton to call at his bur
ton's) office on the afternoon that Sem
ator Burton's indictment was made in
Washington. Inspector Cochrane tes-
titled that Burton had asked him on
what charge the indictment had been
returned.
Il told him. continued Cochrane
that as / had been a witness before
the Grand Jury l could not discuss
the evidence. but that the indictment
was found under section 1882, Revised
Statutes. Burton told me that he had
appeared before the Postoffice Depart
ment not as a United States Senator,
but simply as an attorney for the Ri
alto Grain and Securities Company.
pointed out TO him that my under
standing of the statutes was that the
fact that he had acted as the attor-
for. hn Qfo1t
sponsible for his Indictment"
REVISED THE INTERVIEW.
]. H. Aubere a Washington news
paper correspondent then took the
stand He testified that he had OBJ
tanned a dictated interview with SEN
ator Burton at about o'clock on the
afternoon the indictment was made
public
Shortly after o'clock that night, +"
continued the witness, Burton visited
my Office and requested that he be al
lowed TO read the interview which I
had prepared from notes / had made
in the afternoon. l submitted the man
uscript to Mr.. Burton and he read it
carefully. The only change he made
in the original was that at his dicta-
tion l inserted the words. I did not
act as an attorney for the Rialto Grain
and Securities Company before the
Postoffice Department in any matter. 4"
Inspector Cochrane was then recalled
and in reply to questions stated that
the time of his visit to Senator Bur-
ton was shortly after O'clock on the
afternoon that the Senator is alleged to
have given the interview to Aubere.
When first questioned Inspector
Cochrahe testified that Senator Burton
had visited him at the Postoffice De-
partment the date he could not remem-
ber, he said, and inquired regarding
complaints against the Rialto com
pany.
INCREASING HIS INCOME
"At that time there had not been any
complaints" continued Inspector Coch-
rane 'and l so informed the Senator.
On February 3, 1902, 1 received a tele-
phone message from Senator Burton
asking me to call on him at his office
After discussing several matters in
which the Brooks Brokerage Company.
the predecessor of the Rialto Company,
was involved. Senator Burton told me
that he wished to represent the Rialto
Company in matters before the depart
ment, for which he was to receive a
large fee He assured me that he did
not wish to antagoniZe the department.
He also said that he had consulted sew
eral of his colleagues in the Senate and
Iney assured MIN tnaI MS connection
with the Rialto Company was legal
and that many Senators had increased
their income in similar ways. Senator
Burton said that he had lost $40, coo re-
Gently for which he was not legally re-
sponsible, but which he wished to repay.
and that his fees would revert to that
use"
w. J. Vickery, chief postoffice in
spector at Cincinnati, testified that he
had accompanied Inspector Cochrane
to Senator Burtons office on the even
ing that the Indictment became known
in Washington. He substantiated
Cochrane's testimony and testified that
Burton said that he had appeared only
as an attorney for the Rialto Company
before the department and not as a
United States Senator"
Hector McRae, who said that he was
comptroller for the Rialto Company on
March 26, 1908, then testified and the
case was continued.