The San Francisco call., 1904-03-27
Burton Case Is Submitted
After Lengthy Arguments
by Counsel and Jurors Are
Locked Up for the Night
DISTRICT ATTORNEY
ASKS A CONVICTION
Declares That Testimony
Shows That the Defendant
Illegally Accepted Fees
From the Rialto Company

ST LOUIS. March 26--The trial %
United States Senator J. r Burton OF
Kansas. charged with having Illegally
accepted fees from the Rialto Grain
and Securities Company. was concluded
this evening and the case submitted 70
the Jury II was announced at q late
hour tonight that there would be 10
verdict returned before tO-uorrow.
Postof1ce Inspector ". J. Vicksry of
Cincinnati was placed On the stand to-
day 70 rebut the testimony given yes
tsrday BY Colonel w " Smith. pri-
vate secretary OF Senator Burton IN
spectOr ViCkery testified that he had
listened TO the testimony OF Colonel
Smith. in which the latter stated that
as Chief POstOfice Inspector Cochrane
was leaving the Senator. in company
with himself, COchrane had said 20
Burton. 7 know. Senator. that you did
not represent any one in any depart
ment for compensation"
Vickery testified that no such state
ment was made by Cochrane.
H L Dyer, Assistant United States
District Attorney. then opened the ar
gumenrs for the Government No limit
was placed on the time for argument
By either side
W. Lehman, who made the opening
argument for the defense He briefly
summed up. the evidence brought out
during the trial Lehman laid espe-
cial stress upon the testimony given
by Senator Burton. and brought our
strongly the explanation given oy
Burton as 70 the reasons for his en-
plOyment by the RialrO Grain and Sc
curities Company.
QUOTES FROM EVIDENCE
Lehman was followed by Bert D
NOrrOni. Assistant District Attorney.
who confined himself almost exclusive
" 70 the reasons alleged by the Gov
eminent for which Senator Burton was
employed by the Rialto Company He
quoted freely from the transcript OF
the evidence given 5y the witnesses
OF the Government. and attempted %
bring strongly before the Jury the con-
tentiOn OF the prosecution that Sen
ltOr Burton was engaged By the RialtO
Company solely for his influence as
a United States Senator in any mat
ters that might come TO the attention
OF the POstOfice Department. affecting
that concern
The closing argument for the de-
Tense was made by Judge Chester
Kruu- He called the jury's attention
10 the provision OF section 1872 OF tho
Revised Statutes. under which the in
dictment was found. that should rhs
defendant be convicted he viii forever
be prevented from holding any Office
under the Government OF the United
States He cited this. he said. 50 the
jury. in considering the case. would
carefully weigh the fact whether a
Senator Of the United States. a lawyer
and a far-Sighted man would render
himself 20 be forever debarred from
holding a Federal Office for the cousid-
ri far~
Company Judge krum did not review
the evidence in detail. but devoted his
argument 20 placing the facts in the
case. as deduced b. the evidence. be-
fore the jury.
ATTACKS INDICTMENT.
Judge Erum attacked the specific
charges alleged m the Indictment He
declared the Government had failed 70
prove that Senator Burton had at
tempted 70 use MS influence with any
officer OF the POsrOffice Department
20 prevent the issue OF a fraud order
against the RiaItO Grain and Securi-
ties Company He asserted that not
one iota OF evidence had been intro
dUced IN which a projected fraud was
mentioned
United States District Attorney
Dyer delivered the closing argument
He asked the jury TO put aside the
fact that the defendant Is a Senator
OF the United States IN considering
the evidence He referred 70 the sx-
ecution of Collins at Union. No. bY
saying that the law could not consider
whether the hanging OF Collins
brought tears TO those who loved him
The law, Colonel Dyer said. IS the i'm
pOrtaur facrOr-ir must be Obeyed-
Notwithstanding who OF what the per
son may be- He quoted from section
17S3 OF the Revised Statutes and re-
ferred TO the testimony OF the Govern
ment witnesses in general terms. call
ing particular attention TO that part
which referred directly TO the aIIega-
ton OF the Government that Senator
Burton accepted fees from the RfaltO
Company for appearing before the
POstOfice Department. in the interest
OF the Rfalto concern