The Indianapolis journal., 1904-04-07
SIX MONTHS IN PRISON
AND FINE OF $4,000 FOR
SENATOR JOS. R. BURTON
Kansas Statesman and Former In
dianian Sentenced by the United
States Court.
AN APPEAL IS TAKEN
Bond OF $4,000 Accepted and the
Senator Permitted to Return
to His Hotel.
SCENES IN COURTROOM
Lecture by Judge Adams, Who
Said the Testimony Proved
Burton's Guilt.
SCENES IN COURTROOM

ST. LOUIS, April 6.-United States Sena-
tor j. r. Burton. of Kansas City to-
day sentenced to six months Imprisonment
In the Iron county Jail and fined $3.50 for
having been convicted of using his influ-
ence before the Postoffice Department in
benaf OF the Rialto Grain and Securities
Company of st. Louis, ard of having re-
ceiyed payment from the company for his
services.
Inc case will be appealed to the United
States Circuit Court of Appeals.
Senator Burton, accompanied by his lead
ling attorney, Judge Chester III. krum,
came into the United States District Court
at H.5O o'clock. A case was being tried
and Judge Adams granted recess in that
case TO take up the Burton case. Judge
Adams summoned Burton to stand up. and
then spoke of the motions that had been
filed for new trial and for arrest of
judgment. The court, after briefly re-
viewing the motions, overruled them. The
court then said to the defendant: Have
you anything to say as 10 why sentence
should not be passed upon your
Trembling and evidently suppressing his
emotions with a strong effort. Senator
Burton stood leaning with both hands on
chair back, as he said:
Your honor will please allow me to re-
spectfuliy decline to say anything
THE SENTENCE.
The courtroom was almost empty, with
the exception of a few persons interested
in the previous case who had remained out
Of curiosity, and the silence almost
oppressive as Judge Adams. in low, modu-
lated tones, began 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 offense charged
In the Indictment against YOU motion
OF new trial in your behalf has afforded
me an opportunity TO carefully review and
consider the evidence. AS a result of this
am satisfied that the jury reached the just
warranted the verdict and l find no reason.
either In the law governing the or in
the proceedings attending the trial, for dis
Your conviction necessarily results i'm
your punishment Its Importance. in my
opinion, is not confined TO it's effects upon
YOU. Your exalted station in life and the
Character OF your offending give unusual
significance TO your conviction. II demon
strates that the law Of the land is equal
TO any emergency and that ii be adj
ministered regardless OF the personality and
station of the accused 1t also demonstrates
10 all the people that public Office cannot
be prostituted to self-serving purposes and
that public effice IS not sure Or safe
passport TO private thrift The humiliation
attending your conviction and the statutory
disqualified tiOns resulting therefor, which
forever incapacitate you from holding any
Office of honor, trust or prodit' under the
government OF the United States, are in
themselves heavy punishment for your Of
fense, and leave but little in the way of
severity which could be added.
ut is neither my pleasure nor purpose to
impose any unnecessary punishment.
think the ma ajesty of the law Will be suffi-
ciently vindica ted, and the public welfare
sufficiently safeguarded by imposing a sim
gle sentence. warranted as II is on any one
of he Cix of
which you were convicted This sentence
will be that you be confined in the Iron
county Jail for period of six months, and
that you pay fine of $500
BURTONS HEAD BOWED.
At the conclusion of the sentence Sena-
tor 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
bill OF exceptions i'll the case. and offered
bond for $4,000. which accepted. and
court took a recess until o'clock to re-
sumo the previous case.
The bill of exceptions is n voluminous
document, comprising more than 500 pages
of typewriter matter. 1t is a complete
transcript of the proceedings of the trial
and will be used by the United States Court
OF Appeals in reviewing the case. The bill
of error, which contains the grounds for
the appeal. sets forth in detail all adverse
rulings by Judge Elmer Il. Adams. before
whom the case was tried in the United
States District Court.
one of the principal points forming the
basis of the appeal of the is that
Judge Adams admitted evidence several
checks received by Senator Burton from
the RiaIto Grain and Securities Company
while he was in Washington. d. c. The
defense contended in the trial that If an
offense had been committed when Senator
Burton accepted and cashed the checks it
was committed in Washington. and that
the st. Louis court consequently did not
have jurisdiction. Judge Adams sustained
the arguments OF the district attorney. who
held that the bank IN washington at which
Senator Burton cashed the checks acted
sin ply as his agent and that, i'm any event.
the question of jurisdiction in that instance
was matter for the jury to decide.
Another point upon which Senator Bur-
tons attorneys laid stress in the bill of
error was the introduction of testimony
alleged. tended TO prejudice the minds of
the Jurors against the defendant, while it
had no direct bearing upon the merits of
the charge against Senator Burton. n
spacifc instance the overrultng of
+. objections OF the defense TO the district
attorney reading several kilograms which
passed between Senator Burton and w d.
Mahaney. former vice president of the
Rialto Grain and Securities company
IL Is a coincidence that the amount of
the fine. 81 500 imposed upon Senator Bur
ton Is Identical with the amount which. ac-
cording 10 the evidence, ne received from
the Rialto Grain and Securities Company.
THE IRON COUNTY JAIL.
The Iron county Jail, 10 which Senator
Burton was sentenced for six months. is
located in the county seat OF Ironton. Mo-,
village of LOO population, lightweight
miles southeast of Ct. Louis on the Iron
Mountain Railroad. The jail is a two-story
brick structure and in portion OF IL Sher-
in Polk makes his home with his family.
According to the rule of the Jail. which
shortens each years sentence of a prisoner
by three months for good behavior. Sem
ator Burtons period of Incarceration there
may be reduced TO four and one-half
months.
Senator Burton convicted after an
exhaustive trial. In which various letters
from him 10 the Riaito Grain and Secur-
ities Company. the checks which he re-
cefved IN payment for his services in be-
half OF the concern before the Posfoffice
Department and the testimony OF numerous
f.F