The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-29
SENATOR J. R. BURTON,
FORMERLY OF INDIANA,
CONVICTED At ST.LOUIS
Kansas Statesman Found Guilty of
Accepting Money from the
Rialto Company.
SENTENCE NOT PASSED
Ii Punished on All Counts He May
Get Ten Years in Prison and
$4,000 Fine.
APPEAL WILL BE TAKEN
His Seat in the Senate Periled-
Candidates for the Prospec-
tive Vacancy.
APPEAL WILL BE TAKEN

ST. LOUIS, March 2S-Joseph Ralph
Burton, senior United States senator from
Kansas, was convicted by jury In the
United States District Court to-day on the
charge of having accepted compensation TO
protect the interests OF the Rialto Grain
and Securities Company of st. Louis be-
fore the Postofice Department. The jury
deliberated forty-one hours. Its verdict
was:
I'VE. the jury. find the defendant guilty
on Counts 1. 2. s, and in the indictment,
and not guilty on Count g."
motion for a new trial was immediate
ly filed by the counsel for the senator.
Judge Adams thereupon ordered that Sem
ator Burton appear in court either in per-
son or by proxy at 10 o'clock from day to
day until the court has heard the argu-
ments for new trial, and IL decided
against him. to fix his punishment.
III to-day's verdict is sustained Senator
Burtin may lose his seat in the Senate
and forever be prohibited from holding any
ONCE OF public trust. He was indicted in
January last Although as member of
Congress he could not be arrested until
after that body adjourned he voluntarily
surrendered himself to the prosecuting
authorities. He still has two years to serve
Ia the Senate. His recourse is an appeal
TO the United States Circuit Court of Ap-
peals, which body Is the final arbiter in
his case
For time there threatened to be a
disagreement in the jury. The jury was
brought before Judge Adams, who asked
the cause for the long delay. He was told
that eleven jurors had agreed. but the
twelfth stood alone. The court admonished
the lone juror that the expense of a new
trial should not be incurred because of him
railing TO agree with the majority of the
jurors precedent was quoted showing
that the majority of the jurors should de-
eide the case before them and a verdict
be rendered accordingly. The jury was
then told 10 go back and poll its vote
once more Soon after the jury reported
bringing In verdict, but Judge Adams
found that the third count in the indict-
ment had not been considered and again
ne seEt the jury back 10 consider the case
without having announced the verdict re-
turned The third time the Jury entered
tne courtroom the results of its delibera-
IONS was announced. and United States
senator Burton stood convicted on the
ments.
There was no perceptible change in sena-
tor burtons cOuntenance when the verdict
was read. Judge Krum asked 10 have the
jury polled. Each answered that the YER
dlct was his own. Judge Krum forthwith
court replied that the bond of 5000 was
entirely sufficient. The court did not pass
sentence.
Court having adjourned Senator Burton
calmly lighted a cigar. and, turning to his
attorneys and his private secretary Col
w. w. Smith. began a conversation in a
low tone. He appeared completely com
posed Each count constitutes a separate
onense, and the penalty provides a peni-
fine each count.
Senator Burton went directly from the
courtroom to the Southern Hotel after the
verdict rendered. and retired To his
room for rest After time he went to
the hotel lobby and sat around talking
with friends who occasionally dropped in.
Apparently he was very nervous, and his
appearance was worn, the anxiety of the
past week having very perceptibly left its
effect When asked If he had anything to
say concerning the verdict, he hestated for
few moments, and then with a gesture of
his hand said: II refer all inquiries to
my attorneys. You certainly appreciate the
situation and understand that l have moth
ing to say
The evidence adduced against Senator
Burton may be summarized follows: In
November, 1902. he accepted a proposition
to become general counsel of the Riato
Grain and Securities Company, a concern
whose operations at the time were under
the scrutiny of the postoffice officials
Burton demanded $500 for his services.
but he was satisfied TO be paid in monthly
installments OF 500 each.
Soon after his employment il developed
that the federal grand jury was investigat-
ing the Brooks Brokerage Company, with
which Major Hugh C.. Dennis, president of
the Rialto Company. had been associated
Numerous letters written by Burton
showed that the senator was using his in
fuence TO prevent the issuance of a fraud
order against the Rialto Grain and Securi-
ties Company Burton submitted regular re-
ports TO the Rialto people. telling them how
matters were progressing at Washington,
advising them of complaints filed at the
Postoffice Department and closing with the
assurance that ''if you look after things
at your end of the line. I will attend to
matters here Testimony of postoffice Of
fcials Was that Senator Burton had told
them he Intended TO practice before the
department. that he had lost $4,000 In the
panic and desired to make some money as
q practicing lawyer.