Los Angeles herald., 1905-11-25
BURTON TALKS
IN OWN BEHALF.
CASE MUST GO TO THE JURY
TODAY
Senator, When on the Witness Stand,
Denies Any Recollection of Con-
versatlon Testified to by
Charles n. Brooks
BY Associated Press.

BY Associated Press.
ST. LOUIS, Nov. 24.-Under instruc-
tions from United States Circuit Judge
Vandevanter, the case of United States
Senator j. Ralph Burton of Kansas,
charged with violating federal stat
ute by practlcing before the postof-
flee department as an attorney, must
be submitted to the Jury tomorrow.
Judge Vandevanter said that he had
no wish to curtail the time of counsel
for argument, but that as tomorrow
was the last day of the week, he
thought that the case should be con-
cluded in time to give the jury all of
Sunday, If necessary, to consider the
evidence.
Senator Burton went on the stand in
his own defense today. He empha-
sized that the conference arranging for
his employment by the Rialto company
took place on Illinois soil. in a train,
beyond the jurisdiction of this court,
declared he could not remember the
conversation testified to by Charles H.
Brooks yesterday, which was a dis
tinct point for the prosecution, and
iSldlSu III ueldll HIS ldlhS Will Cnlel
Postoffice Inspector Cochran, in which
he told Cochran he expected to act as
attorney for the Rialto company.
He was cross examined for almost an
hour, but did not lose his calm, appar-
emily firm bearing, and replied to all
questions without visible excitement
Senator Burton, after being sworn,
seated himself in the witness chair
leaning slightly forward and answer
ing all questions in a clear, distinct
voice and apparently without hesita-
tion or forethought. He frequently an
ticipated his counsePs questions, be-
ginning his replies before the compile
tion of the interroga ton.
Conversation With Harlan
Senator Burton testified that during
his conversation with Harlan, who was
the representative of the Rialto COM
pany, he (Burton) used the following
words in connection with his proposed
employment:
Nov, Mr.. Harlan, let me understand
you. 1 am senator. This company Is
using the mails extensively. Is it con-
templated in any way that 1 am ex-
pected to use my influence in the de-
partment, directly or indirectly?
His answer was very emphatic. He
said: No, senator, we do not want
any ifluence in the department
In referring to the compensation Of
fered by the Rialto company in connec-
ton with his employment as counsel
to appear in the defense of its presi-
dent, Maj. Dennis, Senator Burton
said:
L told him that I did not want to
enter a case of that kind as counsel
for rich firm for a nominal fee of
$4O0 or $780, and suggested q contract
of $500 a month for five months.
when l received the letter notify
ing me of my appointment by the Ri
alto company, L went down to see
Chief Postoffice Inspector Cochran and
inquired regarding complaints, because
was naturally anxious to learn the
standing of the concern with which I
was to be identified"
Senator Burton testified that Cochran
replied that there were two complaints.
Il then told Cochran that l had been
led to believe that the complaints grew
out of the operations of a former con-
Germ, and that 1 had been assured that
the Rialto company was all right L
then inquired casually about pro-
cedure in cases of investigation, tell
ing Cochran that 1 had an intention of
appearing as the companys attorney
and that the questions were prompted
by desire to ascertain what to avoid
in my dealings with the department"
Harlan's Visit to Washington
Senator Burton testified to the visit
paid TO WASHINGTON nv Attornav IIor