The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1904-04-01
SENATOR BURTON
IS HELD GUILTY
After Fifty-One Hours Federal
Jury Agrees in Case Of
kansan.
COURTS INSTRUCTIONS
Careful Discussion of the Law ans
Facts in the Case Of Judge Adams
in Sending the Case to the
Twelve Men.

ST. Louis, Mo-, March 2S.-Joseph
Ralph Burton, senior United States
senator from Kansas was convicted by
Il jury i'll federal court here TO day on
the charge of having accepted ON
%pensation to protect the interests of
| the Rialto Grain and Securities or
pany of st. Louis. before the post
office department.. The jury detiberated
f%orty-one hours.
y motion for a new trial was mme-
dia;ely filed by counsel for the senator.
Judge Adams thereupon ordered SEN
ator Burton TO appear in u either
in person or by proxy at 10 O'Clock from
day TO day. until the court has heard
the arguments for a new trial, and il
decided against HIM TO fix his punish
ment.
Burton Entirely Composed.
There was no p~erceptiDle change in
Senator Burton's countenance when the
verdict wa read. The court having adj
journed, Burton calmly lighted q cigar,
and turning to his attorneys and pr!-
waite secretary began conversation in
Il To- One. He appeared completely
composed.
ii today's verdict is sustained Bur-
ton will lose his seat in the senate and
a ~ NC ~ S.AS
office of public trust. Each count con-
stitutes n separate oifense and Burton
could receive penitentiary sentence of
two years or 1000 fine on each count.
Burton's conviction is the first UNI
der the section of the statute which was
enacted by congress in 1864.
Burton was indicted in January last,
and although as n member of congress
he could not be arrested until after that
body adjourned, he voluntarily sur
rendered himself to the prosecuting au-
thorities. He still has two years to
serve in the senate
The case against Senate Burton
went to the jury Saturday evening.
Burton was accused of receiving $500
per month for n long time, for protect
ing the Rialto company, a fraudulent
concern, against the possibility of be-
Ing denied the use of the mail.
Dramatic Scenes in Trial.
There We're some dramatic scenes IL
the trial. The case said to be the first
of its kind to be tried, was given To
the jury at 7:30 o'clock Saturday even
ing, after an almost continuous session
of the curt which began at 10 o'clock
in the morning. The court room had
been crowded the entire day.
During the argument of opposing
counsel the defendant had sat with
closed eyes and downcast face, the
picture of despair. Only once did his
face light up, and that was when Judge
Adams began to read some of the decla-
rations asked by the defendants coun-
sci. None of the alleged attempts at
humor INDUCED in by opposing counse
provoked a smile from the defendant.
He left the court room with more hope
thar for two days.
Those who had disinterestedly
watched the proceedings OF the court
predicted a hung jury. The attorneys
for the defendant expressed the hope
of a verdict of acquittal. The govern
ment Inspectors who had worked up
the case We're of ivide opinions. None
looked for acquittal. The more SAN
guine believed there would be a verdict
of guilty. The majority believed there
you'd be a divided jury.
An Extenuating Fact.
One Of those declarations of Law.
which was especially satisfactory to
Senator Burton's attorneys was that
the jury must be convinced that he =
tempted to influence the officials and
that the statements he made in his let
ters could not convict him unless he
actually did what he vas accused of
doinA. The fact that he said he had
performed a service was of no conse-
Quence. Another declaration of the
court was that Senator Burton's volun-
tarily coming into court without pro-
cess was in his favor.
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