Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-24
THE TRIAL OF BURTON
Defense Permitted to Intro
duCe Certain Evidence
REJECTED YESTERDAY
POST OFFICE INSPECTOR PRICE
RECALLED AS WITNESS.
Senator on Stand-Questions Answered
Clearly and Apparently Without
Hesitation or Forethought.
REJECTED YESTERDAY


under an indictment charging that he acted
paid attorney for corporation In mat
ters pending before a department of the
FEDERAL government, went on the witness
stand this forenoon.
Before any testimony was introduced
Judge Van de Vanter delivered opinion
in which he held that the defense would
be permitted to Introduce evidence to which
ar objection was sustained yesterday, fGr
the purpose of showing that the post Of
fee inspectors had communicated to the
Rialto Grain and Securities Company at
time previous to the employment of Sen
ator Burton by the Rialto company. tina:
the investigation had not shown the ne
Cessity for the issuance of a fraud order.
Under this ruling Post Office Inspector NJ.
G.. Price was recalled by the defense.
Mr.. Price testified that he had made
report to his superior inspector, Dice, that
the condition of the Rialto company was
not such that a fraud order was necessary.
but said he did not remember telling any
one connected with the Rfalto company
anything to that effect
Senator Burton on the Stand.
Senator Burton was then called to the
stand. He was sworn. and seated himself
IN the witness chair leaning slightly for
ward and answering all questions in
clear. distinct voice. and apparently with
out hesitation forethoughr. He fire.
quently anticipated his counsel's questions,
beginning his replies before the completion
of the Interrogation.
The senator's testimony, in the begin
ming followed closely that given In the for
mer trial, with the exception that In de-
scribing his conversation with Thomas B.
Harlan, in regard to which the latter has
Dr,rf lafl
cial stress upon the fact that before the
conversation relating to his employment by
the Rlaho Company was started the train
iF which they were en- route from St. Louis
20 Chicago had crossed the Mississippi and
was. in Illinois,, outside the jurisdiction of
the court before which the case is being
tried.
Senator Burton testified that during his
conversation with Harlan. who was the rep
resentative of the Rialto Company, he bur
tom used the following words in connec-
tion with his proposed employment:
Words to Harlan Quoted
Now. Mr.. Harlan. let me understand
you. / am 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 direct
ly or indirectly?
His answer was very emphatic. He said:
No, senator. we do not want any influence
In the department.
In referring to the compensation offered
by the Rialto Company in connection with
his employment as counsel 10 appear in the
defense of its president Maj. Dennis Sen
ator Burton said: Il told him that / did
not want TO enter a case of that kind, as
counsel for rich man. for nominal fee of
400 or $500. and suggested a contract of
$500 month for five months.
when l received the letter notifying me
of my appointment by the Ratio Company
l went down to see Chief Post Office In
spectoT Cochran and inquired regarding
complaints because | was naturally anxious
10 learn the standing OF the concern with
which | was 20 be identified"
Refers to Two Complaints.
Senator Burton testified that Cochran re-
piled that there were two complaints.
Il then told Cochran that had been led
TO believe that the complaints grew out of
the operations of a former concern, and
that I had been assured that the Ria,to
Company was all right. / then inouired
casually about the procedure IN cases of
investigate telling Cochran that I had
no intention or appearing as the company's
attorney ana that the questions were
prompted by a desire to ascertain what 10
avoid In my dealings with the department
senator Burton testified to the visit paid
10 washington by Attorney Harlan and
declared the object Of the meeting was en-
ureiy discussion OF the Indictments which
were threatened against Maj Dennis He
SAID their whole conversation was on that
subject va '
In regard to the visit paid to the Post
Once Department by himself and Dennis
Senator Burton said that 1t was purelv mn
pIemenditated, as when driving past the
building, Maj. Dennis inquired what build
Ing 1t was and that he suggested that they
go in. and that. in passing the door of the
chief post office Inspectors room they saw
Mr.. Cochran and that he (Burton) had in
troduced Maj. Dennis, with soma Joking
remarks. The witness said the conversa-
ton general
The witness In relating his conversation
with Chief Post Office Inspector Cochran
said:
Il had previously told Mr. Cochran that
II Maj. Dennis indicted / ex-
pected to help defend him. and then said
to him. Now, Cochran, l am the counsel
tor the Rialto Grain and Securities Com
lany Mai. Dennis owns the company. lie
is stranger to me. i have been assured
that the company is organized and It's
methods are all right. But do not know
and If anything comes into the department
lhat puts you upon inquiry-any complaints
or anything of the kind-I wish you would
ADVISE me, because Notwithstanding / am
counsel for the company, / am not us
counsel here. i cannot be retained under
any circumstances to appear in the depart
ment as paid attorney
Would Not Answer Complaints.
II also said: Another thing Mr.. Coch-
ran In case that 1t should become neces-
sary TO recommend summary action on
any complaint disregard my request en-
tirely; because I won't answer any OF these
complaints, and i won't remain attornev
OF the company counsel for the com
pany IL IL has any trouble with the de-
partment.
In reply to counsers question Senator
Burton denied that he had any Intention
or, so far as he knew, indicated any such
intention by his language, of influencing
Post Office Inspector Cochran or any other
government official in the performance of
his duties.
Senator Burton testified that the reason
be did not appear AT the trial of Major
Dennis was that he fully agreed with
counsel for Major Dennis that the case
was so weak that II would be unwise to
overweight the defense with counsel.
Eyes Fastened on Burton.
The ewes of all In court were fastened ON