The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-26
HIS DAY OF FATE.
Burton Case VIII Go to Jury
Tonight.
Arguments of Attorneys Occupy
Court Today.
IN HIS OWN DEFENSE.
Kansas Senator Tries to Ex-
plain His Actions.
SAYS He Contracted Not to Do
Anything Wrong.
Attorneys Review Evidence in
the Closing Speeches.

st. Louis. March 26.-Judge Adams of
the federal court told the attorneys in
the trial of Senator Burton when court
adjourned last evening that the case
would have to go to the jury this ev-
ening.
The case will probably go to the jury
about o'clock this afternoon. The at
torneys have agreed to finish their
arguments this afternoon. 1t is uncer-
tain whether a verdict will be rendered
tonight. If the jury has no trouble in
agreeing the verdict will be received to-
night otherwise a sealed verdict may
be agreed on by the attorneys to be
opened Monday morning.
The only rebuttal evidence introduced
by the government this. morning was
that of Postoffice Inspector Vickery,
who cOntradicted a statement of w. w.
Smith. Burton's secretary, that Chief
inspector Cochrane stated on one Occa-
sion that Burton could not be hired to
go to the department for pay.
Horace L. Dyer. made the opening
argument for the government, followed
by Frederick Lehman for the defendant
and he in turn was followed by Bert D.
Nortoni. assistant United States district
attorney. This afternoon Judge Krum
is making his plea for Burton and
Colonel Dyer will close for the govern
ment. Then will come the courts
charge to the jury which will close the
case
Horace Dyer went over some of Bur-
tons letters and the literature of the
RiaitO company bearing Burton's name
showing how the letters bore directly on
the business of the Rialto company in
the postoffice department, as the COM
pany had no other business in Washing
ton and Burton wrote I will take care
Of things at this end of the line
The name of United States senator
on questionable literature, Dyer said,
would have great influence in getting
the literature through the department.
q great service to the company ss
The allegations of the defense includ-
ed that the use of Burtons name as
senator on its literature was one of the
things for which Burton was employed
Lehman made a plea for charity and in
sisted that there was nothing wrong in
BuTtOn's 5 conduct except the construction
placed on it by the government.
J. W. Gleed and L. S. Ferry of To-
peka are attending the trial today.
BURTON'S TESTIMONY.
Senator Burtons testimony closed
the Friday session of the court and
naturally was the climax of the trial
so far public interest is concerned.
The court room was filed with spectd-
tors.
Senator Burton, in response to ques-
tions, testified that he was 90 years old
and was qualified as a senator March
4, 1901, from Kansas. His attorney re-
quested him, without going into details
to tell of the conversation between
himself and Harlan to indicate to tie
jury whether Mr. Hanlan's statement
as to what occurred was substantially
correct. Senator Burton replied: 1T
is substantially correct. That is, the
arrangement that was made on the
train between here and Chicago. There
are one or two matters that 1 do no5
think he mentioned just as L remember
them.
c.-Then in that regard, as briefly
as possible, indicate what occurred.
A--The forepart of the conversation
was, as he said, directed to the crimi
nal prosecution that he expected would
be brought against Dennis. And then
the question of my employment be-
side the defense of that case was the
main subject of discussion, and it be-
came apparent that he wanted me rs
counsel for the Rialto Grain and Sc
ourities company as well as to help in
that case or any cases affecting Major
Dennis, and 1 think this is the lang
uage that was used. l said: Now,
Mr.. Harlan. let me understand you. l
am a senator. This company is using
the mails extensively. Is it contem-
plated in any way that I am expected
to use any influence in the department
directly or indirectly?' His answer
was quite emphatic, he said: mo, SEN
atOr. We do not want any influence
in the department. This company has
Dern organized under the direction OF
myself and Judge Krum It is violat-
ing 30 law; it does not intend to Vio-
late any law and we do not want any
influence in the department at ALL"
That IS as nearly as I can recall the
language.
Q.-Was there any other item of con-
ference or agreement which Mr.. Har
Ian has not given as fully as you re-
member, or as you remember it?
Al do not think Nj Harlan or Mr..
Kastor either has made it clear that
both of those gentlemen at length, and
especially Nh Harlan, explained to me
their estimation of Major Dennis.
SALARY WAS $500.
Owe do not care so much about
that, senator, as the details of tie
agreement. whatever they were and
them.
A.-There were no limitations, ex-
cept as he has explained the salary
was to be $500 a month, as he has
given it. I want to say here that it is
very hard for me or anyone to explain
the optimism of Mr. Harlan with re-
gard to the securities feature of the
company as he explained it that day
1t viii be borne in mind that bonds,
stocks and everything was on the in
crease at that time.
Q.-Ts it a fact that feature of the
business or proposed business of the
securities company was largely dWelt
upon by Mr.. Harlan in his conversation
With you?
Att was: yes. sir He told me that
the company had leased an elevator in
St Louis, contemplated leasing other
elevators, and expected to carry in the
grain business q large quantity of corn,
somewhat similar to what a bank does
An carrying currency reserve
Q.-Now, you have heard the state
ment of Mr.. Cochrane. with reference
70 the earliest Of your calls at his