The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-17
SENATOR BURTON
GETS NEW TRIAL
Case Reversed and Remanded
by the Supreme Court.
OPINION BY JUSTICE PECKHAM
COURT NOT A UNIT UPON THE
QUESTION.

lIAI AsHINGTON. Jan 16.-Tho case
wv CT Senator j. r. Burton was
decided by the United States
supreme court today. dismissing the
! writ Of certiorar To the circuit
court of appeals for the Eighth
/ circuit and reversing the verdict
/ of the district court for the eastern
district of Missouri on the ground tkat
the payments 20 Burton We're made IN
! Washington The district court VAS
therefore reversed and the case re-
manded for a new trial
Opinion of the Court.
The opinion was handed down by
Justice Peckham. who took up the
various counts and recited the cOuclu-
sions as we'll as the divisions of the
court as follows:
! First, the question of the cOnstrUc-
/ ton Of the statute upon which this
indictment was framed rs the first To
arise. Upon that question a majority
; OF the court tMr. Justice Harlan. III.
Justice Brown. Alr. Justice McKenna,
Mr. Justice Holmes and Mr.. Justice
Day cunCurring). are Of the opinion
: that the facts alleged I'm the indictment
show a case that is covered by the pro-
( visions Of the statute. while the chief
justice, MIR Justice Brewer. Mr.. Justice
! White and the writer OF this opinion
dissent from that view, ana are of the
opinion that the statute does not cover
( the case as alleged in the Indictment.
Evidence OF Guilt.
Second. assuming that the statute
applies TO the facts stated in the in
oictment, further question arises
upon the general merits OF the case,
whether there was sufficient evidence
Of guilt 10 be submitted to the jury,
and majority Of the court Ohe same
justices concurring), are OF the opinion
[ that there was, or are not prepared 10
say there Was not and the same mi
nOrlty dissent from that view and are
of the opinion that there was no evi-
dence whatever upon which 10 found
a verdict of conviction
As TO the sixth. seventh. eighth and
ninth counts of the Indictment, the
court finds that the averments where
4 the different checks were received and
paid We're not true. The checks were
1 received in Washington, endorsed by
Senator Burton and deposited in the
J Riggs National bank in this city. THIS
constituted payment in Washington
/ and not in st. Louis. where the checks
I were afterward paid by the Common
I wealth Trust company, and the de-
I cisiOn states that the court in Mis-
/ souri, had no jurisdiction to try the Of
I fenses set forth in these counts Of the
/ Indictment already referred to- There
fact, and IL was error to submit the
matter to the jury to find some other
fact not supported by any evidence
Proof Was Not Disputed.
Continuing. the decision says:
In the case at bar the proof was not
. disputed. The checks were passed to
/ the credit of defendant uncOndition-
ally and without any special under
standing" The custom of the bank 10
nd 81
a plain custom to forward for colIec-
ton for itself. The only liability of
! defendant was on his endorsement. All
TINS made payment a Washington
and as result there was a total lack
/ Of evidence to sustain the sixth. sew
cnth, eighth and ninth counts of the
Indictment The court should have
therefore, directed a verdict of not
guilty on those counts.
/ This is not case Of the commence
meut OF crime in one district and its
completion In another. 50 that under
} the statute the court i'm either district
has jurisdiction. There was no begin
I ming of the cffense i'm Missouri. The
pay menJ OF the money was IN Wash
luC-on and there was no commence
/ ment Of that OTense VIXEN the oficer
. of The Rialto company sent the checks
f frCm St. Louis TO defendant me lat
ter did MT thereby begin an offense ia
Miss uri.
Error of Trial Court.
The court also found error in the re-
I fusai of the district court TO charge
! as required when the jury came into
1 court and announced its inability to
J agree. The failure 20 charge as re-
( quiTed was because the presiding judge
considered the points were obstruction
OF law. but IL afterward appeared thai
! the points had a bearing upon the
! jury'S consideration of the case. on
z This nOiuf the decision saws.
/ Balanced as the case was in the
minds Of some OF the jurors, doubts
{ existing as ID the defendants guilt in
! the mind Of at least one. il was a case
! where the most extreme care and eau
Z ton were necessary in order chat the
( legal rights Of the defendant should
be preserved.
Considering the attitude Of the case
as it existed when the jury returned
into court for further instructions, we
l think the defendant was entitled, as
! matter Of legal right, to the charge
! asked for in regard TO the previous re-
quests to charge, which had been
! granted by the court under the circum-
/ stances stated, and it was not a mat
/ ter of discretion whether the jury
! should. or should not be charged as
to the character of those requests.
5 May Have Been Fatal.
"a slight thing may have turned the
| balance against the accused under the
| circumstances shown by the record,
and he ought not 70 have longer re-
| NAMED burdened with the character
| iZation Of his requests to charge. made
by the court. and when he asked for
the assertion by the court of the ma
| teriality and validity Of those requests
| which had already been made, the
court ought 10 have granted the re-
quest"
Justice PeclIham also took occasion
to comment upon the fact that when
the jury came in with a disagreement
the judge asked how the jury stood
saying that the practice was one which
| should not be encouraged
! The trial under the indictment charS-
ing Senator Burton with receiving q
| cash payment at st. Louis win proceed
Immediately at that place. The de-
partment Of justice has not yet con-
sidered the question OF the trial place
| of the Indictment alleging payments IL
this city. 1t is possible the statute OF
limitation may operate against il.
Harlan Dissented.
Justice Harlan dissented from the
opinion on both points on which th'
lower court was reversed He held tina
the failure of the court TO give the in