The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-27
NOT HIS FIRST.
Senator Bnrton's Present En-
tanglement Like Another.
Records Show Similar Action as
a Kansas Legislator.
TESTIMONY IN COURT.
Insurance Officer Said He Paid
Burton Nearly 81, 200.
Circumstances Much Like St.
Louis Get-Rich-Quick Deal.

Burton is in is not the first of the kind
that he has met. 1t is an old story
with him. 1t is the first time he has
been up against a federal indictment.
however. and federal statutes concern
ing such things are much more strict
than those of the state of Kansas.
1t is matter of official record that
Burton participated in a graft almost
parallel to the one for which he has
just been indicted. when he was
member of the Kansas legislature back
in 1889. He is now accused of being
employed by a disreputable get-rich
quick grain company. Then it was a
disreputab1e get-rich-quick insurance
company.
He was paid five checks of $500 each
in the present instance. In 1889 he was
paid four five notes of $500 each
It is now alleged that he was acting
as an attorney for the company.
Same thing in 1889, but it was admitted
under pressure that it was paid 'to in
f1uence legislation"
1t stirred up a big muss at the time.
but Burton escaped prosecution
This particular insurance company
with Which Burton was connected was
known as the Topeka Insurance COM
pany. which was in trouble with the
insurance department. The story of the
matter, as officially recorded in the an
nual report of D. w. Wilder, superin-
tendent of insurance, for 1890, is as fol-
lows
"On the Both of November Hon. John
Guthrie. of the district court, appointed
ToPeka Insurance Co. Judge Sutton
had been a clerk in the office, and the
attorney of the copany.
''The State Journal, Topeka, of De-
cember 80, 1889, says:
"A sensation was caused in the dis
| trict court this afternoon when F. p
Fuller, secretary of the defunct To-
peka Insurance company, was placed
upon the witness stand to give a sworn
account of the disposition of certain
funds of that company.
About month ago Mrs. Lizzie
Bfnford, who held the cornpany's note
for about S3,500, brought an action in
the district court for the appointment
pointed Judge E. Sutton receiver, and
ordered that all moneys, books, notes,
etc, belonging to the company. be at
once given into his possession.
. AS secretary of the company M.
Fuller delivered many of the books,
etc, as ordered, but refused to part
with certain other books containing the
facts regarding the disposition of about
$460. Mr.. Fuller was ordered to appear
at once in court and show cause for his
refusal.
He produced the books today, ac-
companied by his counsel, Eugene
Quinton.
Mr.. Fuller was sworn, and ques-
toned by his attorney. The examina-
tfon did not reveal anything of great
interest
Judge E. Sutton. who was present,
then began a rigid cross examination.
He asked Mr.. Fuller concerning the
funds unaccounted for, and after much
urging Mr.. Fuller reluctantly consent
ed to divulge the secret. He then made
some startling sensational statements
''(Fuller swore to paying legislator
$3.50. Later he denied this. The State
Journal says the money was given to
Hon. J. N. High of Riverton, Reno
county, speaker pro tenn of the last
To J. r. Burton, representative
from Abilene, the company, he testi-
fled, gave four or five notes of $500
each. He was not positive that there
were five notes but he was sure that
four were issued. Mr.. Burton, he said.
deposited these in the Bank of Topeka.
for collection, and $9S1.S5 was paid and
endorsed thereon. In addition the sum
of s13 was paid as interest.
t The notes, he said, were signed by
himself and the president of the COM
pany. The witness qualified the re-
markable statement by saying that the
notes were not binding against the
company, but this statement was over
stant which was The directors of the
company authorized me to make these
payments to Burton" He said that on
| February %, during the session of the
| legislature, Burton was paid $50.
The proceedings became interest
ing. A score of attorneys and as many
spectators crowded around the witness
| stand to hear every word of the start
| ling testimony. Judge Sutton frightened
| the screws, and more revelations fol-
lowed.
i" He testified, also, that w. P. Hack
ney of Wellington, was paid $3.50 to
| help in a case" about that time 1t
| was explained that the case was one
brought against the superintendent of
insurance to enjoin him from revoking
| the charter of the insurance company
Hackney was not a member of the leg
iSlature, but a lobbyist.
Fuller said C. A. Colmer, clerk OF
| the committee on insurance in the
house, was paid $50 as salary for ser
| vices in keeping the company posted
on bills introduced, or about to be IN
| troduced, affecting the insurance pusl-
ness in general
1t was testified, too, that the fol
| lowing cash payments were MADE tc
Hon. J. r. Burton: On May 3, 1889
s13lS5; on May 1s. $50; on s3ln June g. sl5oi
| on July 5, $500; on July 8, $3.50
"'AI the testimony of Mr.. Fuller re-
garding the payments was given with
the greatest reluctance He took occa-
sion to guard h1InseT Dy tne Irequenl
assertion that the payments were made
as attorneys fees, but upon being
pressed for more direct reply, he SAID
| to influence legislation >"
Burton evidently tried the same thing
when he became United States senator
that he worked successfully as a mem
Der of the Kansas legislature The only
4 strange thing is that the people should
have allowed the Burton machine, head
ed by D. W. Mulvane, Frank Grimes
and T. T. Kelly to force him onto tn,
state as a United States senator in tht
light Of this and other transactions