The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-11-21
SENATOR BURTON
AGAIN IN DOCK
Supreme Court Saved Him From For
mer Sentence.
NEW INDICTMENT SECURED
CASE OUTLINED BY PRoSECU-
TON AND DEFENSE.

OF LOUIS, Nov. 2O.--For the second
y time within two years, United
States Senator j. Ralph Burton.
of Kansas. today was called ucon 10
defend himself in the United States
circuit court against an Indictment
charging that he was offered and ac-
cepted compensation from the Rialto
Grain & Securities company of ST.
Louis. now defunct for using his in
tluence, while a member of the United
states senate in behalf of that con-
cc,n in certain matters pending before
the rOstOftice department at Washing
ton.
Senator Burton was tried and con-
Victed on the first indictment i'm March,
1904. He appealed 10 the United States
supreme court and the case was re-
Versed. \ new Indictment was re
turned last spring, and about a month
ago demurrers fled by counsel for the
defense were sustained by United
States Circuit Judge Nandevanter, who
Immediately ordered that "a new federal
Grand jury be summoned 10 consider the
keyldence IN possession OF the United
States district attorney.
Third indictment Returned.
VII -NDAtlnucI lullt, et4Nl uAAS AelotG
the statute of limitations became eff
1ectlNe, the third aud present indict-
ment against Senate. Burton was re-
turned. Demurrers 20 this and a plea
IN bar filed by Senator BurtOn's at
torneys were Overruled by Judge Van
deVauter, and the case ordered to trial.
The salient points Of difference be-
tween the first and third indictments is
that i'm the former Senator Burton was
OH Ii IA sa.t
pcnSatiOn i'm Washington, ID. c., and
one of the points on which the supreme
court reversed the conviction was that
the st. Louis court did not have juris-
diction. while the present indictment
alleges that Senator Burton agreed to
accept ana did accept compensation
for his influence in ST. Louis.
Senator in Court.
When court convened at 10 o'clock
his morning Senator ,urtOn was pres
ent. accompanied by his attorney,
Frederick ". Lehman of st. Louis,
leading counsel for the defense; ". II.
IiossiuGtOn OF To eka, Kansas, and W.
x. Haynes of -hicagO. The govern
ment is represented by Col \. i. Dyer,
United States district attorney, as
sisted by Charles II. Robb, assistant to
The attorney general of the United
The district attorney.
After the selection OF eighteen tales
men, from whom the jury was selected
by the exercise Uf the ucrcmptCFy CEal-
1enges Mr.. Lehman objected TO Judge
Nandevanters appOruOnment OF the
challenges claiming the defense was
entitled 10 more than three, on the
ground that the punishment of the Of
tense charged against Senator Burton
makes il felony.
Offense a Misdemeanor.
Judge Vandevanter overruled Mr..
1.ehmanu's claim on the ground that
the statute under which the indictment
was brought explicitly states the offense
is a misdemeanOr, and as such the
prosecution and defense are only en-
titled 10 three challenges each. Mr.
lehman noted an objection.
/rhe jury was sworn at 1l.3O a. m.
8nd Judge NandevaHter supplemented
aue regulation oath by pointing out in
IN Tail the duties of a juror and the
mauner in which the testimony i'm the
case should be weighed in order 10
reach a just verdict.
Governments Case.
Col Dyer, the district attorney. de-
lipered the opening statement of the
-
was brought under section number l7S2
of the revised statutes OF the United
States. which provides that no en-
ploye or officer OF the United States
government may receive or agree to
receive any compensation for repre-
senting any party or parties i'm any
matter before any departmnt of the
United States government. in which the
government is interested. The penalty
FOR conviction is a term of not more
than two years i'm the penitenuary or a
Iine of not more than $4,000 or both
and that the convicted Terson shall be
forever debarred from holding Office
under the United States government.
Colonel Dyer then read the Indictment
B. which contains SIX counts, two counts
having been quashcd previously on mo-
zion of the defense.
The counts charge virtually the same
1ilehse, Only dllleflnS il dates and other
matters pertaining 10 the specific charge
made in the respective counts.
Outline of Defense.
Attorney Lehman followed and out
Tined 10 the jury the position that viii
Doe taken by the defense. lie admitted
that Senator Burton had been employed
by the Rialto Grain q Securities COM
pany. bur laid stress upon the fact that
the president Of the company. Major
Major Hugh G. Dennis, now dead was
at that time under indictment bv the
the principal reason for Senator Bur
toms employment was that he was eX-
pected To assist at Dennis trial That
h@ did not due so. Mr. Lehman said
was due 20 the fact that Major Dennis
was advised that he had already such
au array of legal talent that the pres
euce Of Senator Burton and the mem
bers of ST. Louis firm of attorneys
whom he was about 20 engage would
overweight his case with counsel
Mr.. Lehman cOntendcd that the Wis
Cts Senator Burton paid TO the pOstof-
flee department officials were not for
Ehe purpose of Influencing action i'm re-
gard 10 the matters i'm which the RiaIto
company was interested, bat for The
purpose OF Investigating the case against
Major Dennis. Mr.. Lehman explained
: that while senator Burton was employed
~ he RialtO company and vet expected
10 devote his political endeaVOrs 10 the
case growing out of the Indictment of
It's president. there was nothing unusual
In this as Major Dennis owned almost
all the stock OF the RialtO company
and they were practically one.
Admitted the Payments.
Attorney Lehman admitted the pay
FnenI 10 Senator Burton of $500 in the
offices of the RialtO company in St Louis
on March 25. 1903 but declared that IL
was simply the last of the monthly pay
ments agreed upon when Senator Bur
ION was engaged Mr. Lehman said
that when the matter Of defending Ma
for Dennis was first preached TO him
be declared he could not afford 10 "a 70