The Birmingham age-herald., 1905-11-30
PRISON YAWNS F0R
 SENATOR BURTON
Sentence is Suspended Pend
 ing the Appeal
HE HAS NOTHING TO SAY
He Is Sentenced to Serve Six Months In Jail and He Must Also Pay Fine of
 $25oo.

St. Louis, November 29.-Senator Joseph Ralph Burton of Kansas was today sem tenced in the United States circuit court to serve six months in the Iron county iail. Ironton, Mo-, and to pay fine of s25OO as the penalty for conviction on the indictment charging that he had acted in the capacity of a paid attorney in the employ of the Ralto Grain company of St. Louis, and to prevent the issu- ance of fraud order. He was released on bond in the sum of s5oO0, with R. c. Kerns as surety pending an appeal to the supreme court
 Execution of sentence was stayed pend- ing appeal,
 Senator Burton was found guilty early last Sunday morning on six counts Of an indictment, four of which charged that he agreed to receive compensation for his services as an attorney before the post office department in behalf of the Rialto company, and charging that he received compensation.
 Judge Vandevanter imposed sentence of Imprisonment on one count in each of these two divisions making the terms con current, and in addition assessed the fine on but one of the counts. As provided In statute 17S2, which Senator Burton was convicted of having violated. Judge Van devanter imposed the additional penalty debarring Senator Burton forever from holding any office of honor, trust or profit under the United States government.
 The sentence imposed in the previous trial and conviction of Senator Burton before Judge Adams was six months in the Iron county jail and to pay fine of $500o
 On appeal the verdict was reversed by the United States supreme court Appeal for Writ of Error
 When court convened today the attor- neys for Senator Burton secured an ad- ditional two hours in which to complete their petition for writ of error upon which to base the appeal to the United States supreme court. The application for new trial was overruled by Judge Van devanter immediately upon the reconven- ing of court. A motion in arrest of judg ment was also overruled, and United States Attorney Dyer then moved that sentence be pronounced. l Judge Vandevanter ordered the defend
 
 remained standing by the side of the table occupied by his counse1, anc did not ap- proach directly in front of the bar | customary. Judge Vandevanter said:
 You have been present during the pro- gress of this trial and have heard the verdict rendered by the jury. Have you anything to say?"
 Senator Burton standing. pale and mo- tionless. with his eyes fixed unwaveringly | upon the court, replied: Nothing"
 Pronounces Formal Sentence. Judge Vandevanter then pronounced the | formal sentence.
 | He said that the penalty of imprison- | ment for six months and the fine of S2500 | was imposed on count six, which charged | him with having agreed to accept com pensation, and sentence Of six months im- | prisonment alone was imposed on count | seven, charging that he received com | pensation.
 In regard to counts l, 2 and 8, Judge | Vandevanter said that as they involved | the same transaction as count 6, no sepa- rate judgment was imposed, and that as | count was the same as count ', no separate judgment was imposed on that count Counts and were quashed be- fore the trial began.
 After Senator Burton had been com mitted to the care of the marshal. At torney Lehman submitted ms petition TOT a writ of error, which was allowed. MT. Lehman then asked that the writ Of error upon the acceptance by court of a proper bond should operate as stay Of execution of sentence. This was allowed | by the court. who announced that the bond of s50o0 offered by Senator Burton as principal and R. c. Kerns of St.-Louis | as surety, was approved. Senator Bur ton immediately left the federal build ing after refusing to make any statement | for publication saying that 1t was upon the advice of his counsel thak he refused the request