The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-24

Burton was as follows:
''Hon. ]. R. Burton, Senate Chamber,
Washington, D. c.
My Dear Sir. Mr.. Raster and l ar
rived safely and on time this a. m. L
found myself confronted with a num-
Der of engagements. which, together
with Major Dennis condition, prevent
ing me wiring you at as early an hour
as l expected. However, 1 hope you
received my message to the effect that
this company accepts your terms to
act as counsel at a salary of $500 per
month, said service to begin immed-
lately; that is, Of this date, November
Is, 1902.
II have been unable to get any def
mite information of the present pro-
| ceedings before the federal grand
jury. You will recall that these pro-
| ceedings grow out of the business con-
Quoted under the name of the Brooks
Brokerage & Commission company, a
business organized about the first of
February of this year bya man named
C. H. Brooks?"
Here follows a long description of
the Brooks company and its troubles,
and Harlan concludes:
up to the present time no indict-
ment has been found. The federal
grand jury will probably be discharged
this week. I do not know what re-
ports have been sent into the postoffice
department at Washington, nor am L
Pi SPd1SQ W Sdy THAT lAle government
| intends to make a case against Major
| Dennis; but if you can find it con-
venient to inquire of these facts at the
department, you may be able to per-
form for us a great service at this
time. Should any action be taken here
by the grand jury, I will wire you.
Yours very truly,
'THOS B. HARLAN
| Senator Burton's letter in reply was
written on a letterhead of the United
Cor, mil fna IN
Forest Reservations and the Protec-
ton of Game. ME-. Burton, chairman;
W. W. Smith, clerk
The letter is addressed to Mr..
Thomas B. Harlan, Rialto Grain and
Securities Co., St. Lotus, Mo" 1t is
dated November 20. 1903. In it SEN
ator Burton says:
your favor of November IS received.
called at the department this morning
and found that there are two complaints
| Belle Evans and the other by Mrs K
c. Hout, both of Albany, New York.
| These complaints were sent out from
| the main office here for investigation on
! the 18th of November, and doubtless the
inspector there has called your atten-
ton to them before now.
IF he has not he will soon do so very
soon. I should like to be advised what
| there is in these complaints. Without
] nowi rg ANYTHING about the merits of
the same 1 would advise that all COM
| plants receive special attention by your
company, and If possible satisfy the
complainants. Especially should this be
your motto until after this Brooks mat
ter is entirely out of the way.
Il have arranged with the department
to be advised In case any complaints
are made against your company, and
have arranged for a hearing if any
should become necessary. 1 have as
sured the department that it is the pur-
pose of your company to comply strict
ly with the law, and that it is your de-
sire to remain at all times in perfect
harmony with the department.
mo action of any kind will be taken
against you without my first being noti-
fed and every opportunity for full
explanation will be had.
| In return, If agreeable, you may
make remittance for my first month s
s1sJ. r. BURTON"
Following the Introduction of these
letters the government offered in cyl
dence the checks sent Burton by the
Rialto company to Washington as pay
ment for his services. and this led to a
| lengthy argument between the counsel
The defense advanced the technical
point that Burton received his money in
Washington and that if there was any
offense committed by Burton it was
done in Washington, and the United
States district court in st. Louis had nc
jurisdiction over it.
ARGUMENT ON CHECKS.
Bert D. Norton, assistant United
States attorney. who had been prepar-
ing on this special point. on which it
was anticipated fight would be made
replied with the argument that the
bank in which Burton deposited the
check in Washington was simply the
agent of Burton in collecting it, point
ing out that if it had been dishonored
it would have been charged back to
Burton's account.
The first of these checks, dated No
vember %. 1902. was deposited by Sen
ator Burton in the Riggs Nationa
bank at Washington, and after pass
ing through various other banks
reached the Commonwealth Trust
company of st. Louis, on which it was
drawn and which cashed it.
During the argument, at the sugges
ton of Judge Adams, Arthur T. Brice
cashier of the Riggs National banl
in Washington, where Burton deposited
the check, was placed on the stand tt
! tell the history of the check and tn,
usual manner of collecting such checks
The court asked a number of ques
tons concerning the latter point, which
! proved to be extremely important.
!; Senator Burton received four checks
of $500 each. from the Rialto company
! The dates of these checks were No
vember % and December 15 1902 anC
, January % and February 16 1903 TIL
last payment, made on March 26, 1903
was made personally to Senator Bur
ton in ST. Louis.
; Judge Adams decision on the admis
sion of the checks pointed very strong
ly to the conviction of Senator Burton
, On the proposition that the evidenc
! failed to show any service rendered il
the poStOffice. department by Burton il
j accordance with the contract Judg
= Adams called attention to the poin
, made by Mr.. Norton, that the contrac
: was not made on the train between 81
: Louis and Chicago, as contended 70
NV on g al 10r1t ~
preliminary talk: that Mr.. Harlan
letter of the 18th said: II submitte
= your proposition to the company to
{ day and it is accepted at $500 pc
? month. services to commence immedi
ately as of this date, November Is
then went into the pending trouble
o in the postoffice department of tn
e Brooks Commission company, of whic