The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-24
BURTON HARD HIT.
Judge Adams AlIcws Cancelled
Checks to Be Introduced.
Attorneys for Senator Tried to
Prevent 1t.
MAKES STRAIGHT TALK
Makes Reference from Bench to
Nature of Services.
Letters Introd uced in Which
Burton Asks for Pay.

St. Louis, March 24.-Perhaps the
most damaging testimony offered To-
day in the Burton trial was the fol-
lowing letter:
washington, D. c., December 8, 1902.
Mr.. Thomas B. Harlan. St. Louis.
MY Dear Harlan There is no man
by the name of J. H. Bawnan who is
a postoffice inspector. This man Baw-
man in impersonating a postofice in
spector violated the statutes and laid
himself liable to punishment. The man
operating in Colorado Springs is also
fraud. There has gone from this Of
fice no instructions whatever, about
the Rialto company. and there is
nothing in this Office against you at
this time.
s'The matter in St. Louis, as you
know. is in the hands of Mr.. Dice there.
I herewith return the letter. I would
suggest that you prepare carefully the
case of Dennis for early next month,
and I have learned to know that you
must watch carefully that the jury is
not set upon you. These are all i'm
portant questions that you must care
fully consider. I will take care of things
at this end of the line.
Please keep me constantly advised.
Faithfully yours, J. r. BURTON.
A second dispatch was identified by
the witness aud introduced in evidence,
as follows:
J. r. Burton. Washington, D. c.:
Reports today from apparently re-
liable sources to the effect that two
special inspectors have been sent to
investigate US. w. D MAHANEY.
In answer to this dispatch Senator Bur
ton sent the following to Mahany:
No complaint at department against
you. VIII write fully by next mail.
J. r. BURTON.
stin another dispatch under date of
February IT. from Senator Burton to Mr..
Mahany was identified and offered in ev-
idence, It reads:
Have you sent papers21
The witness. in explanation, said the
word papers had reference to monthly
check.
TODAY's DETAILS.
St Louis. March 24-The trial of
Senator J. R. Burton of Kansas for
accepting money to influence the post
Office department to prevent the issu-
ance of a fraud order against get
rich-quick company. was resumed this
morning before Judge Adams in the
federal court.
The first witness in today's session
of the trial of Z. S. Senator Burton, of
Kansas, was Joseph P. Carr. who was
a clerk in the employ of the Rialto
Grain & Provisions company. On
March &c, 1903, witness drew a check
for $500 in favor of Burton, casheG It
and handed five 500 bills to Vice
President ". D. Hahaney in whose
room Burton was sitting. The check
was offered in evidence. Vice Presi-
dent Mahaney testified that on March
26, 1908, he paid Burton $500.
On December IS, 1902, in the Willard
hotel in Washington, witness was
present when President Dennis show
ed Burton a copy of an indictment
returned against Dennis by the federal
grand jury. Discussion of the indict-
nent continued several days, result
ing in the decision that there was not
much danger in Dennis in the indict-
nent, but because of Senator Burton's
position it was deemed best for him
not to appear as general counsel in
defense of Dennis
On March 26, 1903, in the Rialto
building, when Mahaney paid Burton
the $500. he and Burton discussed the
adViSability of Burton still remaining
in the employ of the Rialto company.
Burton said if the Rialto company had
any letters from him it would be just
as we'll to destroy them, as, owing to
his position, his motives might be mis-
construed.
Witness said he, Mahaney there
upon told Burton he had two of Bur-
tons letters on his desk, and destroy
ed them by tearing them up One of
the letters destroyed witness stated
related to a telegram sent by Burton
TO the kialtO company from Washing
ton that S. NJ. MCGOWAN, IndiaH agent,
who was in Indian Territory, had
made complaint against the company.
The evidence presented this morning
simply strengthened the allegation that
Senator Burton represented the Rialto
company before the postoffice depart
nent. w. D. Mahaney, vice president of
the company, who had active manage
ment of it after Dennis left for Cali
fornia for his health in February 1908,
was the principal witness. He told of
paying Burton his last $500 in cash here
in st. Louis.
Various letters and kilograms were
read showing that Senator Burton Sc
cured information for the Rialto COM
pany from the postoffice and Indian de-
partments relative to complaints against
the company. One letter Burton closed
as follows: Il will take care of things
at this end of the line" Mahaney tes-
titled that the Rialto company had no
business in Washington to look after
except it's trouble with the postoffiee de-
partment. The government also tried to
bring out from William A Jones, IN
dian commissioner. that Burton had
tried to get him to "cal off, an employe
of the Indian bureau who was making
trouble for the Rialto company, but the
court refused to admit it.
JUDGE ADAMS RULING.
There was considerable excitement
late Wednesday afternoon caused by
the ruling of Judge Adams and the
introduction of the letters written by
Senator Burton.
In overruling an objection to the in
PRODUCTION as evidence OF the checks
sashed by Senator Burton, Judge