The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-28
Jury Brings in Verdict After
Being Out fl Hours.
One Man Held Out Until Noon
Today.
FACE DOES NOT CHANGE
Defendant Hears His Fate With
out a TremOr.
Motion for q New Trial Is Filed
at Once.
MUST APPEAR DAILY.
Won't Be Sentenced Till This Is
Disposed Of.
Penalty Is Fine, imprisonment
and Forfeiture of Office.
Career of Kansas Senator Has
Been Varied.
Career of Kansas Senator Has
Been Varied.

St. Louis, Mo. March 2S-Joseph
Ralph Burton. 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 COM
pany of St. Louis before the postoffice
department. The jury deliberated Al
hours.
motion for a new trial was imme-
diately fled by the counsel for the
senator. Judge Adams thereuDon or
dered that Senator Burton appear in
court either in person or by proxy, at
10 o'clock from day to day until the
court has heard the arguments for a
new trial. and if decided against him
to dx his punishment
ONE MAN HELD OUT.
For a time there threatened to be a
disagreement in the jury. The jury
was brought before Judge Adams, VINO
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 ex-
pense of a new trial should not be in
CURED because of him failing to agree
with the majority of the jurors. A
precedent was quoted showing that a
majority of the jurors should decide
the case before them and a verdict be
rendered accordingly.
The jury was then told to go back
and poll its vote once more. Soon after
the jury reported, bringing in a verdict
but Judge Adams found that the third
. count in the Indictment had not been
considered, and again he sent the Jury
back to consider the case, without hav-
ing announced the verdict returned
The third time the jury entered the
court room the result of its delibera-
tions was announced and United States
Senator Burton stood convicted on the
charges brought against him in the in
dictment.
Senator Burton will probably appeal
his case Il can first be taken to the
United States circuit court of appeals
This will meet at St Paul in May,
which is too soon for an appeal to be
made UP and heard by it, and it's next
session will be at Denver next Sep
tember. The federal authorities at ST.
Louis believe the case would probably
come up IN the court of appeals at that
time If Burton appeals it.
There is considerable question
whether the case can be taken to the
United States supreme court, as it is
scheduled as q misdemeanor in the
1euerdl statutes, and If it is taken to
the supreme court it will have to be
upon some constitutional question.
TRIED TO AVOID ERROR
colonel Dyer and his associates who
tried the case confidently look for the
case to be affirmed. no matter how
much it is appealed. It was carefully
prepared on the part of the govern
ment with a view to preventing any
error creeping into it, and the rulings
or Judge Adams We're along the same
line. The reason given by Colonel
Dyer for not ss-examining Senator
Burton on the witness stand was that
1t might lay the way open for a re-
Versal upon an appeal
1t is not always safe to cross-ax-
anime a defendant who takes the stand
IN his own Defense said Colonel Dyer.
There is danger of asking some uues-
ton which the prosecution has no right
to ask a defendant and which if It
should get into the record, might give
grounds for a new trial. Ny idea was
TO Just to let the jury decide for itself
whether Burton was telling the truth
on the witness stand"
AS to the procedure necessary for
the dismissal of Burton from the Uni
ted states senate there is considerable
question, but it is the general opiniol
that 1t can be accomplished by the
} passage of a resolution by the senate.
The senate is law unto itself
said Colonel Dyer in discussing this
question. 1T is the judge of the quali-
fcation of its own members 1t it
wants 10 II can ignore the law and let
Burton remain as long as he wants TO-
It could even seat him again in case
he could get a reelection"
The general impression is that the
senate can simply pass a resolution
declaring Burton's seat vacant, which
Will Vacate it. Whether it will wait
until the case is appealed is, of course
unknown In view of the fact tha.
Burton was convicted on the facts ir
the case. which showed that he had
corruptly sold his influence as United
States senator, it would appear that
the senate would be justified in expell-
ing Burton at once.
It is not at all improbable that this
will be done. If there were any doubt
as to his guilt the senate might wall
for a reversal, but a reversal would be
possible only on some technicality ar6
it would make no material difference
with the facts in the case, and tn.
facts are that Burton has been selling
his influence in the departments al
Washington in order to keep a fraul
order from being issued against d
fraudulent concern.
In case such a resolution should be
adopted by the senate. Burton's seal
would be vacant and Governor Bailey
would be empowered to fill it by ap.