The Montgomery advertiser., 1904-04-07
SIX MONTHS
 FOR BURTON New Trial. Denied the
 Senator. A FINE OF $2,s00 IMPOSED Appeal to Higher Court Will
 Follow. Many Points Made in the Sill of Ex- captions Filed by the Attor- neys of the Convicted
 Statesman.
IA FINE OF $2.soo IMPOSED

St. Louis. April e.-United States Sena- tor J. R. Burton of Kansas today. was sentenced to six months Imprisonment in the Iron County jail and fined $2500 for having been convicted of having used hia influence in the Postoffice Department In the interests of the Rialto and Securities Company. of St. Louis, and having re- eeived payment from the company for his service. Senator Burton. accompa- nied by his leading attorney, Judge Ches- ter H. Crum, came into the United States District Court at 12:so o'clock A case was being tried and Judge Adams grant cd recess in that case to take up the Burton case. Judge, Adams. summoned Burton to stand up and spoke of the mo- tions that had been filed for a new trial and arrest of judgment. The court, af- ter briefly reviewing the motions over- ruled them both. The court then said to the defendant: .B
 Called to the Bar.
 Have you anything to say as to why sentence should not be passed upon your
 Trembling and evidently expressing his emotions with strong effort. sena- tor Burton stood leaning with both hands on a chair back, as he said:
 Your honor will please allow. me to respectfully decline to say anything
 The court said:
 After a fair and impartial trial. by jury of exceptional intelligence, you have been found guilty of the offences charged in the indictment against you.
 "A motion for new trial in your be- half has afforded me an opportunity to carefully review and consider the evil dence. am satisfied the jury reached the just and true result, and find no reason for disturbing 1t.
 T think the majesty of the law will be sufficiently vindicated and the public well fare sufficiently safe-guarded by impos- Is, on any of the counts and indictmenfs which you were convicted on.
 The Sentence Pronounced.
 "a'he sentence is that you viii be con- fined in the IFon County iaii far d psrioa of six months and that you pay a line e s25o0.''
 Attorney Judge Krum immediately filed a bill of exceptions in the case and of- fered bond of $10.O00. which was accept ed. Burton declined to discuss the sem tence. but said he would depart tonight for his home in Kansas.
 The case will now be appealed to the United States District Court of Appeals. the highest tribunal in the matter.
 The bili of exceptions which was filed today is a voluminous document com prising more than 800 pages of typewrit- ten matter. It is a complete transcript of the proceedings of the trial and win be used by the United States Court Of Appeals in reviewing the case
 The bill of errors which contains the grounds for the appeal sets forth in de- tall all adverse rulings by Judge Elmer B. Adams. before whom the case was tried in the United States District Court.
 Admission of Checks.
 One of the principal points forming the basis of the case is that Judge Adams admitted as evidence several checks re- ceived by Senator Burton from the Rial to Grain and Securities Company while he was in Washington. The defense con- tended in the trial that if an offense had been committed when Senator Burton ac- cepted the checks and cashed them 1t was committed in Washington and the St. Louis court consequently did not have Jurisdiction.
 Another point upon which Senator Bur toms attorneys laid stress in the bill of and documentary evidence which, 1t is al- legged. tended to prejudice the minds of the jurors against the defendant while 1t had no direct bearing upon the merits of the charge against Senator Burton.
 Fined His Fees.
 It is a coincidence that the amount of the fine, $2.500. imposed upon Senator Burton is identical with the amount which. according to the evidence. he re- ceived from the Rialto Grain and Secu- rites Company.
 The Iron County jaii to which Senator Burton was sentenced for six months ia located in the County seat of Irontons Mo, a village of 1.4OO population, eighty eight miles southeast of St. Louis. on the Iron Mountain Railroad. The jail ia a two-story brick structure, and in a por- ton of it Sheriff Polk makes his home with his family.
 According to the rule of the Jail. which shortens each years sentence of a pris- oner by three months for good behavior. Senator Burton's period of incarceration there may be reduced to four and a half