The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-23
Doesn't Deny Taking Money
from RiaItO Company.
Claims That There Was Moth
ing in Action.
WITNESSES ON STAND.
They Explain the Nature of Ri
alto Concern.
Letters Introduced, Written to
the Customers.

st. Louis. March 23.-The trial of
Senator J. R. Burton for accepting
S25OO from the Rialto Grain & Securi-
tbs company was resumed this morning
before Judge Adams in the federal
court.
Senator Burton entered the court
room Just three minutes before time for
court to open. He was accompanied by
his attorney. Judge Krum. At the same
time the jury. in whose hands his fate
lies, fled in. The jury is kept constant
ly in charge of the United States mar
shall and not allowed to separate.
The principal witness today, other than
officials of the postoffice department
who were introduced to prove that the
Rialto investigation was a matter in
which the government was and is yet
interested. was Ernest H Kastor, the
man who brought Burton and Dennis
together and assisted in arranging for
BurtOn's employment. He was hard
witness to get anything out of and ad-
mitted he had conferred with Senator
Burton regarding his evidence.
MR.. COCHRAN TESTIFIES.
Chief POstofice Inspector W. E. Coch-
ran OF Washington on the stand ex-
planned the procedure of handling COM
plants made to the department and the
issuance of fraud orders.
The most important witness of the
forenoon session was Ernest H. Kastor,
member of St Louis advertising
firm. He testified that he had intro
duced Senator Burton to President H.
c. Dennis of the RialtO company and to
Judge Thomas B. Harlan, attorney for
the company, one day in November
1902. Witness stated that following the
introduction Senator Burton, Judge
Harlan and himself took the train for
Chicago On the trip Judge Harlan
TO-
counsel for the Rialto company
Witness stated that it was specified
that Burton should receive 81, 500 for his
services Burton said his name should
appear on the company's literature only
as general counsel and that he could
not act in any capacity before the post
office department for the company Bar
ton suggested that the $500 be paid to-
him in monthly installnentssof $500.
Burton agreed that in case he accepted
the offer as general counsel to under
take the defense of President Dennis of
the RialtO company, which had abb
sorbed the Brooks Brothers Brokerage
company, in case Dennis should be in
dtcted for the transactions of the latter
company.
To many questions Mr.. Kaster said
he could not recollect'' He did not
recoIlect that Harlan explained to Bur
ton that he wanted him to look over
the company's literature and see if it
violated postal regulations. It was
also suggested that Burton's title
should be used on letterheads.
Court was adjourned while Judge
Krum was cross-examining Kaster.
Ihe majority of government officials
connected with the case testified.
JUDGE KRUM'S STATEMENT.
The statement of Colonel Dyer for the
government was followed by the state
ment for the defense by Judge Chester
H. Krum.
The conscience of the defendant. said
Judge Krum, was so clear, that he had
done no wrong, that his counsel had de-
clded to make a complete presentation
in the belief that it would be shown
that in fact, as well as in law, no wrong
had been done Judge Krum made the
rather remarkable statement that it
was 1mmaterial what the purpose of the
payer was and that before there was
any vocation of the statute it must be
shown that the money was received
with the evil purpose in mind
Inc agreement, he said was that Sen
ator Burton was to be employed by the
Rlalto company as it's general counsel
his name to be used in it's literature as
United States senator SO that the re-
responsible character of its counsel
should be known. He asserted that it
would be shown beyond all room for
controversy that Senator Burton stipu-
lated that neither as a senator nor as a
counsel would he go before a depart
ment of the government in case where
tne government was interested. He was
merely to act as general counsel
Ihe terms under which Senator Bur-
Ton was employed, according to the
statement of his attorneys were these:
me company was to pay the senator
SouO a month in advance While the
nesouatlons were pending Senator
Burton wanted to know what guaran-
tee he would have that other payments
than the first would be made. and he
SAID want to make the thing so that
I will get $4,000. If that is done I will
enter into the arrangement" The $500
became due, Senator Burton's attorney
declared, whether he rendered anv ser
wee or not No part of Senator Bur-
tons employment had any reference To
the complaint pending before the most
onice department. or that might be
fled. Judge Krum alleged that it
would be shown that Senator Burton
was not employed to represent the
company in the postofffce department
and in fact did not represent them. and
that he never received any money for
that purpose.
THE FIRST WITNESS.
The statement of the defense occu-
pied some forty-five minutes. There
was no delay whatever at its concIus-
ion, and the first witness was called
AIRS. Bell Evans of Albany, n. Y Two
other witnesses were examined who
had filed complaints with the postofrice
department These witnesses were in
troduced to show the foundation upon
which the government had worked in
arriving at it's conclusions regarding
the Rialto company.
Mrs. Evans identified letter wrir-
ten October Is, 1902, by herself, and one
written by a Mrs. Herick October 80
1902 These were the original letters
of complaint filed with the postoffice
department against the Rialto Grain
the Securities company, and were all
dressed to the postmaster general
Mrs. Evans alleged that she had for
had not received an acknowledgment.
Mrs. I1erick's letter reeited that she