The Montgomery advertiser., 1905-11-21
BURTON IS ARRAIGNED
UNITED STATES SENATOR FACES
 COURT AT ST. LOUIS.
Inaictment Centaining Six Counts is Read, anA the Kansan's Att
 torney Outlines the

St. Louis, Nov. 2o.-For the second time within two years United States Senator ]. Ralph Burton of Kansas to- day was called upon to defend himself in the United States Circuit Court against an indictment charging that he was offered and accepted a compensa- tion from the Rialto Grain and Securi- ties Company of St. Louis. now defunct for using his influence while a member of the United States Senate in behalf of that concern in certain matters pending before the Postonice Depart ment at Washington.
 After the selection of the jury Colonel Dyer, the district attorney, de- livered the opening statement of the Governments case. He said the charge was brought under the section of the revised statutes which states that no officer or employe of the United States Government may receive or agree to re- ceive any compensation for represent ing any party or parties in any matter before any department of the United States Government. in which the Gov ernment is interested.
 The penalty for conviction Is term of not more than two years in the peni- tentiary of fine of not more than $10,- 900 or both and that the convicted per- son shall be forever barred from hold ing office under the United States Gov ernment. s Indictments Are Read. Colonel Dyer then read the indict- ment which contains six counts, two counts having been quashed previously on motion of the defense. The counts charge virtually the same offense, only differing in dates and other matters pertaining to the specific charge made in the respective counts.
 Tel followed and 01lt- lined to the jury the position that will be taken by the defense. He admitted that Senator Burton had been employed by the Rialto Grain and Securities Company, but, laid stress on the fact that the President ofs the company, Major Hugh C. Dennis. now deceased. was at one time under indictment by the Federal grand jury and contended that the principal reason for Senator Burton's employment was that he ex- pected to assist at Dennis's trial. That he did not do 80 Mir. Lehman said was due to the fact that Major Dennis was advised that he had already such an array of legal talent that the presence of Senator Burton and the members of a St Louis firm of attorneys whom he was about to engage would overweight this case with counsel.
 MT. Lehman contended that the vis- | it's Senator Burton paid to the postofflce | officials were not for the purpose of 1 influencing action in regard to the mat | ters in which the Rialto Company itself was interested. but for the purpose of investigating the case against Major Dennis.
 Explains Burton's Visits. M-. Lehman explained that while Senator Burton was employed by the I Rialto Company and yet expected to 1 devote his principal endeavors to the case growing out of the indictment of | it's president, there was nothing un- usual in this. as Major Dennis owned | almost all the stock of the Rialto Com pany and that they were practically one.
 Attorney Lehman admitted the pay ment to Senator Burton of $500 in the office of the Rialto Company in St.
 Louis on March 26. 1903. but declared | that 1t was simply the last of the | monthly payments agreed on when Senator Burton was engaged. MT Lehman said tthat when the matter of defending Major Dennis was first I broached to him, that he, declared he
 could not afford to take the case fl
 he was to be employed only month or so and made a proposition that he | was to have five months contract l at $500 a month which could be ex- tended at the option of the Rialto | Company. This was right. said Leh- ! mann.
 In regard to the charges that Sen ! ator Burton had used his influence while a member of the United States Senate to prevent the Poseoffice De- partment from issuing a fraud order against the Rialto Company, Mir. Leh- mann said:
 Recommendation of Dyer. | "We will prove that while it Is true
 that the affairs of the Rialto Company
 were under investigation by postoffice inspectors, their formal reports to the l chief postoffice inspector at Washing l ton embodied a recommendation from
 United States District Attorney Dyer l that a fraud order be not issued and that this was approved by Assistant
 United States Attorney General Robb | assigned to the Postoffice Department | Tn fact, gentlemen, the fraud or der was not issued upon the recom- | mendation of the very officials who are now prosecuting Senator Burton on the
 charge of using his influence for that | result"
 The government then submitted as evidence without objection by the de- | fense, the certificates of elction and l qualification of MT. Burton as a United States Senator from Kansas and the l certificate of interpretations of the
 Rialto Grain and Securities Company | Court then adjourned until tomor-