The Montgomery advertiser., 1905-11-23
THE TRIAL OF BURTON
PROGRESS MADE IN CASE OF KAN-
 sAS SENATOR.
Thomas B. Harlan, Former Attorney Tor the RiaIto Grain Company, is Placed on stand By
 Prosecution.

St. Louis, Hoy. 22,-Rapid progress has been made in the trial Of senator Burton and 1t now appears probaoIe that the case will go to the jury not later than Saturday.
 When court opened today Judge van. devanter announced that he overruled the objection made yesterday afternoon to certain questions asked by counsei for the defense in the cross-exam1natioh of witness Thomas B. Harlan, former attorney for the RiaIto Grain and Be- curities Company, who was placed on the stand by the prosecution.
 Attorney Lehman took up the letter written by Harlan to Senator Burton accepting the latter's proposition to act as attorney for the Rialto Company for a salary of $500 a month, which was in- troduced yesterday and questioned the witness regarding the events leading up to the writing of the letter. This was the point on which the Government based it's objections.
 Mir. Harlan described his first meet ing with Senator Burton on November IT. 1902, when he accompanied him to Chicago. He said he explained that the Rialto Company projected new "se- curity department and suggested that Burton could act as the head of this be- ing in a position as the director in a railroad board and having other finan- cial interests, to investigate thorough ly and keep in touch with the securi- ties in which it was proposed to deal In recalling his conversation with Sem ator Burton. Mir. Harland said: He said (meaning Senator Burton), Now you must remember I am U. s. Sem ator. I am not going to do anything inconsistent with my dut yas U. S.. Senator
 q assured Senator Burton that did not want hIm under any circumstances to do anything inconsistent with his position as United States Senator and was just as positive in my statement as matter was concerned.
 up to this time nothing had been said about compensation. He had not even indicated to the best of my recol- lection whether he would or would not become counsel.
 T brought up the question of com pepsation. I explained to Senator Bur ton that I did not feel that I had any authority to close any contract but would take the whole thing into con- sideration and report 1t back to the company when I returned to St. Louis. Senator Burton said he as counsel for $500 a month. That struck me as being reasonable. so much so that did not dissent to it, all things considered. And he said: Of course I don't wan ito get off at the end of one month. I don't want to go down there to St. Louis and try or help you in the trial of that case. should there be an indictment and have my salary cut off at the end of that month."
 So one or the other one of us, don't remember which one of us, suggested five months. At any rate. whoever suggested it, that was acceptable"
 n v.IN xrod by the Rialto Company during the pe- riod between November, 1902, and April. 1903. testified that on instruc- tions of officers of the company he dreW and cashed a check for $500 and took the currency to Vice-President W. D. Mahaney of the Rialto Company in whose personal office Senator Bur ton was seated at the time. MT. Ma nancy was placed in the stand and test tiled that on March 26. 1903. he paid Senator Burton $500 in currency. Wit ness also testified that he told Senator Burton that as there were no further matters pending before the postoffice at Washington and that as Congress had adjourned and for the additional reason that 1t was necessary for the company to reduce expenses he saw no reason for the continuance of the em- ployment of Burton. Mahaney stated further that on the suggestion of Bur ton he destroyed two leters that Bur ton had written. Burton had said that if any of his letters should fall into unfriendly hands, Burton's motives might be misconstrued.
 Mir. Mahaney identified a telegram from Senator Burton which was read to the jury in reply to a dispatch from Mahaney telling Burton that 1t had been learned that two special inspec- tors had been appointed by the Post office Department to investigate the Rialto Company. Burton's reply fol- lows:
 No complaint in the department against you. Will write full particu- lars by tonight's mail.'
 Witness said that the letter referred to was one of those destroyed at Bur- tons request March 26, 1903.
 In reply to a question by District his knowledge the Rialto company had no other business in Washington than that pending in the Postoffice Depart ment
 W. E. Cochran, former Chief Post office Inspector was called and testified as follows:
 Senator Burton called upon me; cannot fix the exact date, and inquired if complaints had been made or if there was any investigation against the Ri- alto company. I said there was and gave him the names of the complain ants.
 Senator Burton again called on mo January IA, 1903, and stated that Post