The Topeka state journal., 1905-11-29
s MONTHS IN JAIL
Senator Burton Receives His
Sentence Today.
A Fine Of $4,000 Is Also
Imposed.
MAKES NO STATEMENT.
Receives Action Of the Court
in Silence.
Iron County Jail Designated as
Place of Incarceration.
is RELEASED ON BOND.
r. C. Kerens, Republican Leader,
Signs for $4,000.
Writ Of Error, Preliminary to
Appeal Is Allowed.
Iron County Jail Designated as
Place of Incarceration.
is RELEASED ON BOND.
r. G. Kerens, Republican Leader,
Signs for $4,000.
Writ Of Error, Preliminary to
Appeal Is Allowed.


Senator Joseph Ralph Burton Of kan
sas. was today sentenced in the United
states circuit court to serve six months
fn the Iron county Jail. IrOnton, Mo-,
and to pay a fine of g, 500 as the penalty
for conviction on the Indictment charg-
ing that he had acted in the capacity
Of a paid attorney in behalf of the XII
alto Grain & Securities company Of ST.
Louis, before the postohce department
to prevent the issuance Of a fraud or
der. He was released on bond in the
sum Of IS. 900 with R C.Kerens, the Mis-
souri, Republican leader as surety pend
ing an appeal to the supreme court.
Execution Of sentence was stayed pend
ing appeal
After a trial which continued through
out last week Senator Burton was
found guilty early last Sunday morn
ing on six counts Of the indictments,
four Of which charged that he agreed to
receive compensation for his services
as an attorney before the pOstofice de-
partment in behalf of the Rialto com
pany and two charging that he received
such compensation.
Judge van Devanter imposed sentence
OF Imprisonment or one count in each
of these two divisions making the
terms concurrent and in addition as
sessed the fine on but one of the
counts. As provided in statute 1882
which Senator Burton was convicted Of
having violated, Judge Van Devanter
imposed the additional penalty debar-
2 ring Senator Burton forever from hold
Ing any office Of honor, trust or profit
under the United States government
The sentence imposed in the previous
trial and conviction of Senator Burton
before Judge Adams was six months in
the Iron county jail and to pay a fine
or $4,000. On appeal the verdict was re-
versed by the United States supreme
court.
Motion for New Trial.
When court convened today the attOr-
neys for Senator Burton secured an ad-
ditional two hours in which to complete
their petition for a writ of error, upon
which to base the appeal to the United
States supreme court
The application for a new trial was
Overruled by Judge Van Devanter i'm
mediately upon the reconvening of court.
A motion in arrest of judgment was also
overruled and United States district at
torney then moved that sentence be
pronounced
Judge Van Devanter ordered the de-
fendant to stand Senator Burton arose.
but remained standing by the side of
the table occupied By his counsel and
did not approach directly in front of the
bar as is customary. Judge Van Devan-
ter said:
you have been present during the
progress OF the trial and have heard the
verdict rendered by the jury. Have
you anything to say2'
Senator Burton standing pale and mo-
tionless with his eyes fixed unwaYering-
ly uDon the court replied:
Nothing
Judge Van Devanter then pronounced
the formal sentence. He said that the
penalty of Imprisonment for six months
ana the fne Of 81 500 was imposed on
count six. which charged him with hav-
ing agreed to accept compensation, and
sentence of six months imprisonment
alone was imposed on count seven
charging that ne received compensation.
In counts one, two and eight. judge
Van Devanter said that as they Involved
the same transaction as count six no
separate judgment was imposed and
that as count three was the same as
count seven no separate judgment was
imposed on that count Counts four and
five were quashed before the trial began.
After Senator Burton had been COM
mitted TO the care of the marshal Attor-
ney Lehman then asked that the writ
error upon the acceptance by the court
Of a proper bond should operate as a
stay OF execution of sentence This was
allowed by the court, who announced
that the bond for 81. 600 offered by SEN
ator Burton as principal ana R. c.
kerens Of St. Louis, as surety, was ap-
proved.
Senator Burton Immediately left the
federal building after refusing to make
any statement for publication, saying
that it was upon the advice of his coun-
sci that he refused the request
President is Determined.
A washington dispatch says: The
case against Senator Joseph Ralph
Burton viii be carried to the highest
court OF the land, and viii be prose
cuted with all the vigor, force and
effect of all the legal talent the gov
eminent can muster. This is the
word which has been passed out to
81 Louis by the administration Hav-
ing definitely determined upon the
second prosecution Of Senator Bur
ton, the administration. believing that
It has been warranted in going thus
Ear is determined that the highest
courts Of the land shall be reached in
the effort to punish the Kansas SEN
ator for his alleged u1fsdeeds
There is no effort to deny that the
strongest sort OF influence has beer
brought to bear both upon the presi-
dent and department of justice. with
q view to bringing the prosecution o1
the senator to an end and letting him
suffer from the effect of what
already been his lot In connection
with the case against him. The ad.
ministrauon has even been impor.
tuned uy some of his associates in the
United states senate, who formeriy
believed that the case should b.