The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-22
he HIRED BURTON.
Thomas B. Harlan Tells How
It Was Done.
At First Question Of Salary Was
Not Discussed.
FOR FIVE MONTHS.
FIVE MONTHS.
That Was to Be Duration of
Employment.
Telltale Letters Are introduce
ed in Evidence.

St. Louis. Nov. 22.-Rapid progress
has been made in the trial of United
States Senator Burton of Kansas
charged with rendering services as. an
attorney before the postofflce depart
ment at Washington in violation Of
the federal statutes and it now ap-
pears probable the case viii go to the
jury not later than Saturday.
The government has taken several
short cuts in its presentation of testi-
mony and Judge yandeventer has
saved time by his sharp, decisive rul-
ings and his admonitions to counsel
to confine themselves strictly to the
matters at issue.
When court opened today. Judge
Vandeventer announced that he over
ruled the objection made by the gov
ernment late yesterday afternoon to
certain questions asked by counsel for
the defense in the cross-examination
of witness Thomas B. Harlan. former
attorney for the Ria1to Grain & Sc
curities company. who was placed on
the stand by the prosecution.
At Senator Burton's former trial
Harlan was a witness for the defense
and the object Of Attorney Lehmann's
| cross examination was to bring out the
testimony elected from Mr.. Harlan at
the former trial when a witness for the
defense. Attorney Lehman took up
the letter written by Harlan to Sen
ator Burton accepting the latter's
proposition to act as attorney for the
Rialto company for a salary Of $500
month, which was introduced yester-
day and questioned the witness re-
garding the events leading up to the
writing of the letter. This was the
its objections.
First Meeting With Burton.
Mr.. Harlan described his first meet
ing with Senator Burton on Novem-
Der II, 1902. He said that Senator
Burton had little time at his disposal.
land that he proposed to accompany
/ the senator to Chicago and talk over
matters on the train which proposition
was accepted.
Witness said he described to Senator
Burton the legal difficulties in which
the RiaIta company was involved by
the animosity of a former business
| partner of Major Dennis, president OF
the Rialto company who, the witness
| declared, had caused the institution OF
fifteen civil suits twenty libel suits
and the probability Of about 200 other
/ cases and that it was probable that IN
dictments might be returned by the
federal grand jury against Major
| Dennis.
According to the witness the conversa-
! ton then branched off On to railroads
and he explained that the Rialto COM
pany projected a new securities de-
| Darfrnent'' and suggested that Burton
could act as the head of this, being in
position, as the director in a railroad
| board and having other financial in
| terests to investigate thoroughly and
keep in touch with the securities with
! ra5 In n
| In recalling his conversation with
Senator Burton, Mr.. Harlan said; He
! said (meaning Senator Barton), now
Won must remember I am a United
| States senator. I am not going to do
L anything inconsistent with my duty as
a United States senator"
sI assured Senator Burton that did
not want him under any circumstances
to do anything inconsistent with his
/ position as United StaSes senator and
was Just as positive in my statement Of
! his declaration, as far as that matter
/ was concerned.
| s'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.
Hired for Five Months.
st brought up question Of compensa-
! ton. I explained to Senator Burton
that did not feel that had any au-
| thority to close any contract, but
| would take the whole thing into con-
sideration and report it back TO the
| company when I returned to St Louis.
/ Senator Burton said he would serve as
counsel for $500 month That struck
me as being reasonable, so much so
that I did not dissent to it, all things
considered. And he said: OF course,
don't want to get cut of at the end Of
one month. don't want to go down
there to st. Louis and try, or help you
in the trial in that case, should there be
an Indictment, and have my salary cut
off at the end Of that month So one
or the other Of US. I do not remember
which one of US. suggested five months.
At any rate, whoever suggested it, that
was acceptable"
After Mr.. Harlan had been cross eZ-
anined and then taken by the district
! attorney for redirect examination the
government placed Joseph P. Carr, for
nerIy clerk employed by the Riaato
| company, and William D. Mahaney,
formerly vice president of the same
company, upon the stand.