The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-28

to the exact terms and stipulations of the
orlginadi &c, contract OF employmen5 OF the
ties company. This evidence was adj
| mitted, not because that contract was in
because it was relevant and material
throwing light upon the real issue. that
by the accused before the department. for
which he received compensation. Every
Defendant in a criminal case is presumed
by the law to be innocent This presump-
ton exists in favor of the accused in this
case, and will abide with him, as his sure
protection until his guilt is satisfactorily
established by the Evidence.
From this general principle flows GER
the burden of proof of the guilt of the
ond the government is required to prove
his guilt by evidence which SATISFIES YOU
thereof beyond a reasonable doubt. By
reasonable doubt as the words are here
good reason, based on the evidence, or
want of evidence in the case, can be
given
A REASONABLE DOUBT"
Speculative impressions possibilities
resting upon mere conjecture not arising
proof, or a doubt suggested by the in
genuity of the counsel, or by your own
clination to permit the accused to escape
the penalty of the law. or one prompted
by sympathy. for him or those connected
want of proof is not what is meant by
reasonable doubt
Bearing III NINA these ODS0TNdIlOnS, 1t
becomes your duty to carefully consider
the evidence before you, and if as re-
do entertain reasonable doubt as to the
guilt of the accused, it will be your duty
to give him the benefit of the doubt and
acquit him. If on the other hand, the
whole evidence, when carefully examined
and considered, produces in your mind a.
settled conviction or belief in the guilt of
the accused, such conviction or belief as
you would be willing to act upon in the
important affairs of your life, you may be
\ to he fe0a a n
and should accordingly find verdict in
accordance with that conviction and be
lief.
Upon finding verdict of guilty or not
guilty, your duty, gentlemen, is at an end
/ If the evidence be guilty, the responslbll,
! ity of fixing the punishment is devolyed
upon the court ~
The arguments of the attorneys at
tracted a large number of spectators
| and the court room was crowded all day
| Saturday. During the afternoon Colonel
w H. Rossington and Charles Blood
Smith sat Immediately behind Senator
Burton. Colonel Rossington has been
here most of the time for several weeks
! engaged in taking evidence in a big rail-
road case, in which Judge L. S. Ferry
of Topeka is referee.
Bert D. Nortoni, assistant United
| States district attorney, made a strong
arraignment of Senator Burton. He re-
! ferred especially to Senator Burton'S
action in going to Chief Inspector Coch-
ran and assuring him that the Rialto
company was all right and that he,
Burton, wished to practice before the
departments but would in no way an
/ tagonize the departments.
| "Burton's method said Mr.. Nortoni,
reminds one of the bunco steerer or
diamond thief who puts his arm over
your shoulder and assures you he is
your best friend and wouldn't do any
thing to injure you for the world but
at the same time extracts the diamond
pin from your necktie. The influence
of a United States senator in a gov
ernmental department is something
tremendous. He gives tip that he il
interested in some certain concern and
! it is an instruction that that concern
| is not to be molested That is why
him he was counsel for the Rialto COM
pany and that the company was all
right and doing a legitimate business.
"He did not need to come right out
! and ask that no fraud order be issued
against the Rialto company. Instead
he said that tfle@corspaHy- was. perfectly
| legitimate. His statement to Mr.. Coch-
ran that he did not intend to 'antago-
nize' the department reminds me of the
old darby preacher who went out for
aging for church supper. After he
had invaded the chicken coop and as
he was reaching to get hold of chick
| ems leg he said, o Bawd, dis amt
stealin I am JUS takin' dis fob de
church suDpah.'
Judge Krum, for the defense, ridi-
| culed the prosecution. He scofed at
the idea that Senator Burton had rem
dered any service to the Rialto COM
pany in the postoff1ce department.
eminent. made an appeal for the puri-
| ficatfon of the public service by the
punishment of officials who sell their
influence