Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-11-30
HIS GUILT DENIED
Argument on Senator Bur-
tons Appeal.
EXTENDED BRIEF FILED
CASE HEARD BY UNITED STATES
SUPREME COURT.
The Accused Charged With Violating
Section 17s2 of the Re-
vised Statutes.

The Supreme Court today heard argu-
ments in the case of Senator ]. r. Burton
of Kansas, who appealed from the judg-
ment of the district court for the eastern
district of Missouri. Senator Burton was
convicted on a charge of receiving compen-
sation from parties for representing them
before the Post Office Department. alleged
to be contrary to section 1852 of the Revised
Statutes. The attorneys for Senator Burton
entered general denial of guilt, and SUBJ
mitted an extended brief in support of their
contentious that the court below erred in
not directing . verdict of not guilty. Sena-
tor Burton, Senator Long and Pension Com
missioner Ware, all of Kansas, were pres
ent during the argument.
The counsel of Senator Burton consisted
Of John F. Dillon, Harry Hubbard, John NJ.
Dillon, w. H. Rossington and Fred w. Leh-
mann.
Charge Against Senator Burton.
In this case Senator Burton is charged
with having violated section 1882 of the
Revised Statutes of the United States, which
provides that no senator, representative or
delegate after his election or during his
term of Office shall receive or agree to re-
ceive any compensation for any services
rendered to any one in relation to claim
or contract against the government The
penalty for the violation of this statute is
Imprisonment not to exceed two years or
fine not to exceed S1o,000, and upon con-
viction of such a misdemeanor the guilty
person shall forever be incapable of hold
ing an office under the United States gov
erflment.
81 ~ rs ,a charged gee ina. on March 2e. 1903, at
Rialto Grain and Securities Company $500
fs<.,f
9ered 20 the company before the Post Office
Of fraud ordar ~, . s,, .le issu
the RiaIto Grain and seci,rifias Consna,,y
The services of Burton as charged were in
appearing before post Office officials to in
uuSe ..ut, acuon favorable to the company in
fshe :. - =.
the District court of tire fTrrffetf ss;ntes For
the eastern district Of Missouri, january q,
e 4ovas ana Aenator Barton pleaded not guilty
~ ~. s.S cnaIa - Akalnsh hlML Ihe court, after
aas ens .a yeaaGl q gnufy by the jury. sentenced
Ero,,. ttaI a,pfssunmenl ...l Ior SIX months
srSI I tiia. seateHee anu judgment the
IInsta1 S.a .oo4 sss VIII OF error TO the
,,1rssions ur,sJ n.a.es SupTeme S9qrt under the
pLus ss'ons u secuon OF the judiciary act
WINCH rIovioes Ior sucn.w OF error in
any Ease lhAt 4hvoiVeS the construction or
a1y.Ns appy.eaIvn s. y, ehe Sohstltution OF the
uniteu ~ Ia.. o.ales ana an any case In which
= -
@ ona.ea states Is drawn In question" The
sase .,n lesolyss Inc construction and appiica-
tiol uon VI aIuSle ., section =. OF the Constitu-
slon, WnsIeDy the oe!enoant IS entitled to
pe tIieG py jury OF the state or district
IN ~ Wnasn Ine crime alleged against him In
informed Of the nature and cause of the
accusasion. .-s-ss.a.s.-lN,
argument Tor Burton
Judge John F. Dillon. senior counsel for
Senator Burton, opened the argument He
stated that he would not make the defense
upon any technical grounds but on its mer-
Its and on constitutional grounds. He de-
clared that the only charge made in the
Indictment was not tried before the jury
and the jury was not allowed to pass upon
It
Counsel for Senator Burton contend that
the Judgment of the court ha,o,, .t,n,,,a -
vho,,,, ,.a,,a.soa =. - ..'-. snou oe
yWsy Wnoy TvsIsed N rs insisted that the