The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-04-07
u s Senator Must Serve Six
Months in Jail and Pga
Fine Of S25O0.
BOND IS MADE AND CASE
WILL GO TO HIGHER COURT
In His Sentence Judge Says the Con-
viction Demonstrates That Law of
the Land Is Equal to
Any Emergency.

st. Louis, April 6-United States sena-
tor j. r. Burton of Kansas today was
sentenced to six months Imprisonment in
the Iron county jail and fined $500 for
having been convicted of having used his
influence in the postoffice department In
the interest of the Rialto Securities COM
pany of st. Louis and having received
payment from the company for his ser
vice.
Senator Burton, accompanied by his
leading attorney, Judge Chester H Krum,
came into the United States district court
at 1890 o'clock. A case was being tried
and Judge Adams summoned Senator
Burton to stand up and spoke of the mo :
tions that had been filed for a new trial
and arrest of Judgment. the court, after
briefly reviewing the motions, overruled
them both. The court then said to the de-
fendant:
sentence should not be passed upon your"
Trembling and evidently suppresslng his
emotions with a strong effort, Senator
Burton stood leaning with both hands on
chair back as he said:
Has Nothing to Say.--~.-s-
"Your honor will please allow me to
respectfully decline to say anything
The court room was almost empty with
the exception of a few persons interested
in the previous case, and had remained
out of curiosity. and the silence was all
most oppressive as Judge Adams, in low
modulated tone, began the delivery of
the sentence to be imposed. The court
said:
after a fair and impartial trial by a
jury of exceptional intelligence you have
been found guilty of the offenses charged
In the indictment against you.
"A motion for a new trial in your be :.
half has afforded me opportunity to
carefully review and consider the evil
dence. AS a result of this l am satisfied
the Jury reached the just and true re-
suit. The evidence justly warranted their
l.
law governing the case or In the pro-
ceedings attending the trial for disturb =
ing 1t.
.Your conviction necessarily results In
your punishment. Its Importance in my
opinion is not confined to it's effects upon
you.
Law Equal to Emergency.
"Your exalted station in life and the
character of your offending give unusual
Significance to your conviction. 1t de-
.nonstrates that the law of the land is
equal to any emergency and that 1t can
be administered regardless of the person.
ality and station of the accused. 1t also
demonstrates to all the people that pub :
lie office cannot be prostituted for SELF
serving purposes and that public office Is
not a sure or safe passport to private
thrift.
"rhe humiliation attending your convic-
tion and the statutary disqualifications
resulting therefor which forever incapaci-
tates YOU from holding any office OF honor,
trust or profit under the government Oh
the United States are in themselves heavy
punishment for your offenses and leave
hut little in the way of severity which
could be added.
.It is neither my pleasure nor my pur-
nose to impose any unnecessary punish
ment.
Single Sentence Sufficient.
u think the majesty of the law will be
sufficiently vindicated and the public well
fare sufficiently safeguarded by imposing
a single sentence, warranted as 1t is ON
any of the six counts. indictments, which
you were convicted on
'sThe sentence is that you will be con-
fined in the Iron county Jail for a period
OF six months and that you pay fine of
$500"
At the conclusion of the sentence Senator
Burton, who had not taken his eyes from
the court and who had scarcely moved as
he supported himself by the chair back.
turned and sat down, with his head bowed
and his eyes on the floor.
Attorney Judge Krum Immediately filed
a bill of exceptions in the case and Of
fered a bond for 10000. which was ac-
cepted and the court took recess until
o'clock to resume the previous case.
Senator Burton and Judge Krum hurried
ly departed from the court room. In
the corridor Senator Burton stopped long
enough to light cigar and then walked
TO his hotel. He declined to discuss the
sentence, but said he would depart to-
night for his home in Kansas.
Case viii Be Appealed.
The case will now be appealed to the
limited States district court of appeals,
the highest tribunal in the matter.
Senator Burton, who is senior senator
of Kansas, was convicted after an ex-
haustive trial in which various letters
from him to the Railto Grain and Secu-
r,ues company, the checks which he re-
ceived In payment for services in behalf
of the concern before the postoffice de-
partment and the testimony of numerous
agents Of the government were intro
duced
Senator Burton's defense was that he
vas acting merely in the capacity Of an