The Montgomery advertiser., 1905-11-24
HARD BLOW TO THE DEFENSE
 s Case of Burton Must Be Finished. RULING OF vANDEvENTER Motion to Dismiss is Promptly
 Turned Down.
 -- New Witness Appears In the Case and Gives Testimony Which is Ccn- sidered Damaging to Kan
 sas Senator.
RULING OF vANDEvENTER


 ruled a motion to dismiss all the counts in the indictment against United States Senator J. Ralph Burton of Kansas, charged with having agreed to accept, and having accepted compensation to act for the Rtaito Grain and Securities Company before the Postoffice Depart ment at Washington, which was filed by the defense immediately following the case of the Governments case to. day.
 Judge vandevcnter said that the defi- milton of the word "agreement" bore pertinently upon this contention and went deeply both into the legal and commercial meaning of the word. He held that the agreement was not con- summated until the representative of the Riaito Company. who had conduct ed the negotiations with Senator Bur ton on the train en route from St. Louis to Chicago. had returned to St. Louis, and Senator Burton's proposition had been accepted by the Rialto Company
 Attorney Lehman had held that the mere agreeing by Senator Burton to ac- cept compensation was all that he tthe defendant) was accountable for and that that had occurred in Illinois.
 Judge vandeventer then denied the motion and allowed an exception to the decision.
 Damaging Evfdence Gfvcn.
 One of the most important witnesses brought forward by the Government was placed on the stand today and the testimony adduced was regarded as very damaging to Senator Burton. The. witness, Charles H. Brooks, did not ap. pear at the former trial. His testt- mony was to the effect that Senator Burton had been introduced to him on the recommendation that to employ the Senator would. 1t was said. be valuable for him in the light of a pending inves- tigation by the Postoffice Department of an investment concern of which he was the president
 The Government sprans surprise in the trial of united States Senator T. R. Burton of ofAKansas. charged with being the paid attorney for corpora ton in matters pending before the Postofiice Department, by introducing as a witness today Charles II. Brooks former President of the company which was the predecessor of the Rialto Company, and former President of the National Securities Company.
 Brooks testified that at conference between Senator Burton. R. H. Kastor and himself, Senator Burton was in- troduced by Kastor. who said the sena- tor was willing to represent the Naasy tional Company. Brooks said he did not see how the Senator could be of any use to him.
 Pointed Out Barton.
 sKastor replied" continued the wit ness, here Is tho man." pointing to Burton, "who defended your fight against Major Dennis. President of the Riaito Company by preventing the is- sue of a fraud order by the Postoffice Department"
 T replied in that case 1t might be well to employ Senator Burton. as Kas- tor assured me that all speculative companies ip St. Louis were under in- vestigation and that trouble might be made for me.
 There was some general discus sion between myself and Senator Bur- ton as to the terms and other mat. ters, but no definite arrangement was reached"
 The Government also brought out the fact that Brooks Is now awaiting A decision of the Court of Appeals on his conviction on a charge of conduct ing d scheme to defraud In connection with the National Securities Company.
 On cross examination the defense att tempted to show that testimony or Brooks was secured by certain prom ises of immunity wade by the Federal Authorities. Brooks denied this.
 The Government then asked permis- sion from Jadge Vandeventer to in- troduce one additional witness upon his arrival in the city and with this exception, Colonel Dyer answered that inc prosecution had completed US case.
 Attorney Lehman objected. claiming ,ba defense had the right to know tbe prosecution's entire case petore at- tempting to eontrovert It.
 Judge Vendeventer ruled that IT the witness was on hand at the re-conven-
 at m COIIId he heard. but at that hour the detense should begin.
 'Tr.yoediafelv after the reconvening of court after recess Attorney Leh- ,nann leading counsel for the detense, '."s,,oned the jurisdiction of the court So regard to counts Nos. 1, ?. and Of tha Indictment, which charge that an agreement was made to receiVe com
 ensotJon within the limits of the Eastsrn District of Missouri. and also asl@ed that the other counts which aInrge that Senator Burton accepted cnnnnensation be dismissed.
 .t,ornev Lehman divided his argu- ,,,eTts into two parts. the first taking nognjzance of jurisdiction. He resisted the testimony of Witness Harlan who ssmIe.,rjbed his conversation with Senator p,,rton while within the boundaries of 1,itnois on a train en route from St. tis to Chico go when Senator Burton smbmitted his proposition to act as an sttorney for a salary of $500 month. trbe defendant in this case agreed .h.n 10 accept compensation and was not responsible for the acts of the pIs1to Grain and Securities Company ,rbich accepted the terms of the agree roent in st Louis" continued Attorney Iohmann. '"The defendant Is respon- .t,,Ia alone for agreeing to accept, ac- cording to the statute. There is no o,,estIon of guilt in regard to the ac- .tnT of the Rialto Company in offering ee,nvrnnensation e,v or in accepting an agree- Soant to receive compensation"
 Mir Lehmann argued that the word ..o oSreed' must be considered to mean ,a Free" that is' To express a willing ness to receive. and not in the sense of a contract.
 .arhe notification that Senator Bur ,on's proposition had been accepted, ',ybich. 1t seems to me, Is an important sactor." continued Attorney Lehman, .isgas sent to Burton at Washington, D. G, after Harlan had returned 10 St. DOut0- s... ,,...t -s.. s. 4 ......a 1f