The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-24

blow. It was the language employed
by the Judge rather than the evidence
submitted which cut the ground from
under the defense and revealed the
Burton case to the jury as it is dis
cussed on the streets and in Official
circles.
The courts ruling came almost i'm
mediately after two damaging letters
had been read to the jury by the dis
trict attorney.
ASKS FOR HIS PAY.
In one Of these letters the local at
torney for the Rialto Grain company
had asked Senator Burton to do GER
tain things before the postoffice de-
partment in Washington In the other
Senator Burton replied that he had
done the things requested and con-
cluded his letter with this sentence:
In return. if agreeable. you make
remittance for my first months pay.
Following the Introduction of these
letters the government attempted to
Introduce as evidence the Erst check
sent to Senator Burton and cashed by
him at the Riggs National bank in
Washington. His attorney objected,
and heated argument followed be-
tween attorneys for the government
and the defense.
1t was a discussion which had to do
with the law books and rules of evil
dence. The question was involved
whether the payment had been made in
Washington where the check was cash
ed or in St Louis where the bank was
located on which the check was drawn.
A court room filled with lawyers listen
ed intently to the arguments of attor-
neys. Judge Krum for the defense con-
cluded the argument. He attempted to
be sarcastic, and with a deprecat ting
wave of his hand inquired whether the
governments attorneys would argue
that Senator Burton had performed a
service commensurate with his fee.
Would the district attorney contend
that Senator Burton in going to the
postoffice department to learn whether
any complaints had been filed against
the Rialto company had earned $500.
Judge Adams, in his ruling first took
/ up this last contention of Senator Bur
/ tons attorney. He must entirely dissent
from the proposition which had been
/ advanced by defendants attorneys, he
said. 1t was not to be expected that
under the circumstances a United States
senator would perform a given amount
/ of physical labor to earn his fee Coun-
sci on both sides could recall many in
stances Just as the court recalls them
where lawyers of renown had been en-
ployed to sit in cases. These eminent
lawyers frequently did not open their
mouths or take part in any way with
the matters pending before the court
and the jury. They were paid a fee
merely to sit in the case for the prob
able influence it would have on the
| judge or on the jury to have distin-
| guished lawyer present in the case.
| INFLUENCE ON HEARERS.
This strong comparison almost person
al in its application was not lost on a
| person in the court ROOM Its wide
bearing was illustrated a minute later
when Judge Krum attempted to argue
when a second check for $500 was offer
| ed in evidence that Senator Burton had
not been to the department for a month
previous. All the checks were admitted
and the jury VIII understand that the
name of United States senator and his
appearance before the department is a
seEYiee-4@in the meaning of the law.
Among the numerous officials of the
postoffice this Interpretation of the court
was most welcome construction
Supplementing the inquiry of the
checks which had been cashed were
the letters that had passed between
| Ian, the local attorney for the Rialto
Grain and Securities company.
ARRANGED WITH BURTON.
One of these letters read in evidence
was written by Harlan November 13,
1902. This was the day he returned
from Chicago where he had fully dis
cussed while travelling on the train
with Senator Burton, the terms of the
senator's employment by the Rialto
company.
The local lawyer began his letter by
saying that Senator Burton's PROPOSE
ton was satisfactory to the company
and was accepted. He reviewed at
bgreat length the relations of the old
IoIOOhS COilpduy anu TIE new 1SldllO
company and the differences between
Brooks of the old concern and Major
Dennis, president of the new.
Mr.. Harlan insisted that Dennis was
innocent of all charges made against
him, but was threatened with a prose-
cution. After detailing these things
in a lengthy communication, he wrote
to Senator Burton as follows:
up to the present time no indict-
ment has been found. The federal
HI
this week. I do not know what reports
have been sent in to the postoffice de-
partment at Washington, nor am l
prepared to say that the government
intends to make case against Major
Dennis: but if you can find it eonven-
lent to inquire of these facts at the
department you may be able to per-
form us a great service at this time.
Should any action be taken here by
the grand jury 1 will wire you at
once"
BURTON TELLS WHAT HE DID.
Senator Burton replied to this in a
letter dated November 20, 1902, and
written on the official letter heads of
the United States senate. He wrote:
Your favor of November Is receiv-
ed. I called at the department this
morning and found that there are two
complaints lodged against your com
pany, one by Belle Evans, and the 9TH
er by Mrs. K. c. Hount, both of Al
bany, N. Y. These complaints were
sent out from the main office here for
investigation the 7th of November and
doubtless the inspector there has call
ed your attention to them before now.
If he has not, he will do so very soon.
1 should like to be advised what there
is in these complaints. Without know
ing anything about the merits of the
same, 1 would advise that all COM
plants receive special attention by
your company. and if possible satisfy
the complainants. Especially should
this be your motto until after the
Brooks matter is entirely out of the
way.
Il have arranged with the depart
ment to be advised in case any COM
plants are made against your COM
pany and have arranged for a hearing
if any hearing should become neces-
sary. 1 have assured the department
that it is the purpose of your company