The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1905-12-01
]. B. BURTOa FOUED GUILT
CONVICTED on SIX COUNTS IN
THE INDICTMENT.
Maximum Penalty OF Two Years In
prisOnment and $4,000 on
Each Count.

St Louis, Nov. 26.-Joseph R. Bur
ton, senior senator from Kansas, at
12:45 o'clock this morning, was found
guilty by a jury in the United States
court OF violating section 1882 Of the
revised statutes. Senator Burton was
found guilty on counts l. 2, 8, s, and
Senator BurtOn's face was the pic
ture Of despair when the verdict Of
the jury was read. Not a muscle
moved He sat in his chair as immov-
able as a statue with CLASSY eyes look
ing into vacancy Those who have
been with him the last few days say
he is in a highly nervous state
Senator Burton was not taken into
custody by the marshal on request of
his counsel, who promised to produce
him in court at 10 o'clock Monday
morning.
The marshal was notified at 12:45
o'clock that the jury had reached an
agreement. Senator Burton was in the
court room at this time. With him
were Thomas T Kelly the state treas
urer OF Kansas; William P Hackney
Of Winfield, Colonel ". W. Smith,
BurtOn's secretary and also the state
senator from Senator BurtOn's home
town Mr. Lehman and MI Haynes,
attorneys for Burton, were called in
from the corridors and Colonel Dyer
and General RObb from the United
States marshaTs Office. 1t was a SOL
emn and oppressive occasion when the
clerk called the roll Of the jurors. The
deathlike silence in the court room
was broken only by the voice Of the
clerk and the response Of the Juror.
These were all the counts in the or
iginal indictment except four and FIVE,
which were dismissed by the govern
ment's attorneys When the verdict
had been read and each Of the jurors
had responded that it was their YER
dict judge Van Devanter thanked
them for their careful attention to the
very important case
To Appeal to Supreme Court.
Colonel Dyer for the government
said it was customary in theUnited
States court in case of this kind for
the defendant to be taken into Gus
tOdy by the marshal. He would, how
ever, like to hear what the defend
ants counsel had to say. Mr., Leh-
mann replied that he hoped that the
defendant would not be taken into
custody until he could appear before
the court Monday morning After a
consultation with Attorney General
Dyer the request was acceded to- Mr..
Lehman announced his intention Of
appealing the case to the supreme
court
The court will impose its sentence
Monday morning. On section 1882 Of
the statutes a fine not exceeding S1O,-
600 and Imprisonment not more than
two years can be imposed on each
count Unless the supreme court re-
. p
seat in the senate becomes vacant and
/ he Will forever be barred from hold
/ ign any office Of public trust or pro-
/ fit Only the president can remove
I the disability which bars him from
I forever holding Office Of public trust
To Fill No Sensational Duties.
The senate seat is vacated without
/ senate action Pending appeal Sen
atOr Burton will not I'LL any OF the
/ duties of a senator. Burton was the
! first senator Of the United States ever
I indicted under the section OF the
/ statute enacted in 1864, which pro-
/ hibited senators from appearing be-
( fore one OF the departments in Wash
+ ingtOn for pay. Since that time John
/ H. Mitchell, senator from Oregon, has
/ been indicted and convicted for viO-
/ lating the same section of the statute
The second trial OF Senator Burton
/ for alleged violation Of section 1TS1
\ of the revised statutes, which prOhi-
/ bits a member Of congress from ap-
/ pearing before the departments Of the
/ United States, was begun last Monday
/ The final arguments Of opposing cOun-
sci was completed at o'clock yester-
/ day afternoon
/ Perhaps the most unfavOrabIe par
! for the defense brought out in the
] charge was inthe declaration that ''thC
/ mere agreement to render the seTv-
I ice is not an Offense. It is the agree
| ment to receive compensation for the
/ rendering, which constitutes the Of
/ Tense 1t should be carefully Observ.
I ed that the actual rendition of service
I is not necessary element of this Of
/ Tense The Ofense is complete and
/ the defendants guilt is established il
I the evidence shows that he made az
. agreement to render such services 70
| compensation