The Montgomery advertiser., 1905-11-30
SENTENCE OF BURTON
SIX MONTHS IN JAIL FOR THE SEN.
 ATOR.
Must Pay Fine of s2,5O0 and is Forever Barred from Holding . Posi- tion of Honor of Emol-
 uu,enf

St. Louis, Nov. 29.--Senator Joseph Ralph Burton of Kansas was today sentenced in the United States Circuit Court te serve six months in the Iron County Jail, Ironton. Mo, and to pay fine of $2,500 as the penalty for con- that he had acted in the capacity of paid attorney in the employ of the Rialto Grain Company of St. Louis, to pNevent the issuance of fraud order. He was .eIeased on bond in the sum of s. 900 with R. c. Kerens as surety pending an appeal to, the Supreme Court.
 Execution of sentence was stayed pending appeal.
 Senator Burton was found guilty early la st Sunday morning on six counts of an indictment, four of which charg- ed that he agreed to receive compen- sation for his services as an attorney before the Postoffice Department in be- half of tho Rialto Company and charg- ing that he received compensation.
 Judge vandeventer imposed sen- tence of imprisonment on one count In each of these two divisions. makscs the terms concurrent and in addition assessed the fine on but one of the counts.
 Forever Barred From once.
 As provided In statute 17S2, which Senator Burton was convicted of hay ing violated, Judge Vandeventer i'm posed the additional penalty debarring Senator Burton forever from holding 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 fine of 5000.
 On appeal the verdict was reversed by the United States Supreme Court. When court convened today the at- torneys for Senator Burton secured an additional two hoursein which to com plete their petition for a writ of error upon which to base the appeal to the United States Supreme Court. The ap- plication for a new trial was overruled by Judge Vandeventer immediately up on the reconvening of court. A mo- ton in arrest in judgment was also overruled and United States Attorney Dyer then moved that sentence be pronounced.
 Judge vandeventer ordered the de- fendant to stand. Senator Burton arose, but remained standing by the side of the. table occupied by his coun- sel and did not approach directly in front of the bar as customary. Judge -Vandeventer said:
 
 progress of this trial and have heard the verdict rendered by the jury. Have you anything to say?''
 Senator Burton. standing pale and motionless with his eyes fixed unwa- veringly upon the court, replied:
 Nothing"
 Judge Vandeventer then pronounced the formal sentence.
 The Sentence Imposed.
 He said that The penalty of impris- onment for six months and fine of $2,500 was imposed on count 6, which charged him with having agreed to &C., cept compensation, and sentence of six months Imprisonment alone was i'm posed on count '. charging that he re- ceived compensation.
 In regard | ocounts 1. 2 aid s, Judge vandevcnter said that a3 they involved the same trans ' ion as count 6, no separate jUdgmI .it was imposed and that as count vas the same as count [, no separate judgment was imposed on that count. Counts and were uuashed before the trial began.
 After Senator Burton had been com mitted to the care of the marshal, At torney Lehman submitted his petition for a writ of error, which was allowed. Mir. Lehman then asked that the writ of error upon the acceptance by court of a proper bond, should operate as a stay of execution of sentence. This was allowed by the court, who an- nounced that the bond of $5,0O0 offered by Senator Burton as principal and R. c. Kerens If St. Louis as security was approved.
 Senator Burton left the Federal building after refusing to make any statement. saying that it was on the advice of his counsel that he refused the request.