The Semi-weekly leader., 1905-12-02
SENATOR BURTON
AGAIN CONVICTED
Verdict Of Guilty Returned on Each
CT the Six Counts.
WILL NOT DISCUSS RESULT
STATE Treasures Kelly of Kansas,
However, Talks Freely, and Char
acterixes the Conviction as
an "Outrage."

st. Louis, Nov. 27.-The jury in the
case Of Senator Joseph Ralph Burton,
of Kansas, charged with using his in
fiuence as United States senator in be-
half Of the Rialto Grain & Securities
Co., of st. Louis, returned verdict at
two o'clock Sunday morning, finding
the defendant guilty on each of the six
counts of the indictment.
Judge Van Devanter, at the recon-
mendation of District Attorney Dyer,
released Burton on his own recogni-
zance until ten o'clock this morning,
for an appeal will Immediately follow
the passing Of sentence.
The jury was out two and one-half
| hours. According to one of the mem
bers only one ballot was taken. The
greater part of the time, he stated, was
consumed in considering the Indictment
| and the instructions of Judge Van De-
vanter.
| Senator Burton was In the court
room when the verdict was read. He
| said he could not discuss the matter
until his future actions had been de-
cided upon. He stated, however, that
he had no fault to find with the in
structions given by Judge Van Devan-
ter to the jury.
II have no fault to find, but am
not in position to discuss the matter
just now," said Senator Burton
'"The Conviction OutrageOus."
7. T. Kelley, state treasurer of Kan
sas, had this to say: 1--WE think the
conviction of Senator Burton is out
rageous. The fact is that the deter
mined effort to convict him is nothing
more nor less than persecution. The
government promised immunity to sew
eral of its witnesses to bolster up the
jured themselves. Every device and in
fluence the government could bring to
bear was used against him.
Will Take AN Appeal.
Burton's attorneys stated that an ap-
peal to the supreme court would be
taken on the ground that the indfct-
ment was insufficient; the overruling
of the plea at bar, and the excluding
of evidence by the court; the various
exceptions taken during the trial to the
exclusion or admission of evidence.
Brief Resume of the Case.
Senator Burton was first indicted by
the United States grand jury Novem-
ber 18, 1908, on charge of using his
influence as United States senator in
behalf of the Rialto Grain & Securities
Co. of st. Louis, which was being in
vestigated by the postmaster general.
The case went to trial before Judge
Adams March %, 1904, and on March
% he was convicted. April 6, 1904, he
was sentenced to Is months in the Iron
county (Mo.) Jail and fined $1,000.
He appealed the case to the United
States supreme court and a new trial
was ordered
The federal grand jury returned an
other Indictment, and shortly before it
was ready for trial, the attorneys for
Burton demurred to the indictment on
the ground that it was faulty On Oc-
tober II Judge Van Devanter sustained
the demurrer.
He was indicted two weeks later, and
again his attorneys demurredl to the
new indictment, and raised similar OBJ
jections as they did to the former in
6ictment.
Judge Van Devanter overruled the
demurrer and ordered the case to 60 to
trial. This is the third time the case
has been gone over in the federal
courts and the second conviction Sc
cured.