The Montgomery advertiser., 1905-11-25
J. R. BURTON ON THE STAND Senator TcStif1cS in Own
 Defense. EMPLOYED IN ILLINOIS Outside Jurisdiction Of the St.
 Louis Court. Kssssn swears He Has Nc Reesllsstis. of cenversstisn Testifiea 10 By
 c. H. Brooks For The
 Governnent.

St. Louis. Nov 2l.--Unfted stafex Senator !. R. Burton of Kansae. went on the stand In his own defense today in his trial on the indictment charging him with having acted in the capacity of paid attorney of the Riaito Grain and Securities Company beforc the postoffice department. &
 He emphasized that the conferences arranging for his empolyment by the Rialto Company took place on Illinois soil. in train beyond the 3urisdickion of this court; he declared he could not remember the conversation testified fo by Charles Fl. Brooks yesterday. which was distinct point for the prosecu- ton, and related in detail his talks with chief Postoffice Inspector Cochran in which he told Cochran that he ex- pected to act as attorney for the RiaIto Comfany.
 Tie was cross-examined for almost an hour but did not lose his calm. ap- parently firm bearing and replied to all questions without visible excite ment.
 Before any testimony was introduced Judge vandeveneter delivered an optn- ion in which he held the defense would be permitted to introduce evidence to which an objection was sustained yes- terday for the purpose of showing that the postoffice inspectors had communi- cated to the Risito Grain and Security Company at the time previous to the employment of Senator Burton by the Rialto Company, that the investi- gation had shown the necessity for the issuance of fraud order. Inspector Price Recalled. Under this ruling, Inspector r. M. Price was recalled by the defense. MT Price. testified that he had made a report to his superior, Inspector Dice, that the condition of the Rialto Com 44.. was necessary, but said he did not re- member telling any one connected with the Rialto Company anything to that effect.
 Senator Burton was then called to the stand. He answered all questio ns in a clear, distinct voice. and appa~ rently without hesitation or fore-. thought He frequently anticipated his counsel's questions. beginning his re-. piles before the completion of the in- terrogation.
 The eyes of all in court were fas- tened on Burton as his counsel, Leh- mann, asked him whether or not he re- membered a conversation relative to his employment by the National Securities Company as related yesterday by Charles H. Brooks.
 eNo," almost shouted Burton
 Contrary to the procedure of the Cow ernment during the former trial at tne close of direct examination, the wit ness was cross-examined by united states District Attorney Dyer
 Could Not Remember.
 Witness was closely questioned re garding his memory of the converse ton as testified to by Charles Brooks In offering Burton employment as at torney for Brooks's company. The an- swers were vigorous denials of any knowledge of any alleged conversa- tions as reported by Brooks on the stand.
 F. Cochran. postofice inspectors, testi- fled that the following statement was not made by Senator Burton In tneir presence. as testified to by the senator. q fSenator Burton) cannot be employ ed for any sum to appear as an attor ney before the Postofiice Department.
 When court reconvened, Assistant Attornev General Robb, associated with District Attorney Dyer in the prosecu- ton. delivered the opening argument Mir. Robb devoted himself exclusiVey to an interpretation of evidence aa- duced during the trial
 Must Go to Jury Today.
 Under instructions from Uniteo states Circuit Judge vandeventer the case against United States Senator RaIph e. Burton of Kansas. charged with violating Federal statute py practicing before the Postonice Depart ment as an attorney. must be submitted to inc jury tomorrow. Judge Vande- venter said that he had no wish to cur tail the time of counsel for argument. but that as tomorrow is the last day of inc week he thought that the case should be concluded in time to give the jury all of Sunday if necessary to con slider the evidence.
 The attention of the court was occu- pied today with the closing of the de- fense which began yesterday noon and inc first argument for the prosecution delivered by Assistant District Attor- ney Robb who spoke three hours and at his conclusion court adjourned until morning There remains the argu- ments for the defense which will be made by Attorneys Lehmann of St. Louis and Haynes of Chicago and the final argument for the Government by