The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-20

from the Rialto Grain and Securities
company Of st. Louis, defunct, for US
/ ing his influence, while a member of
the United States senate in behalf of
that concern in certain matters pending
before the postoffce department at
Washington.
Senator Burton was tried and convict
ed on the first indictment in March, 1904
He apepaled to the United States su-
preme court and the case was reversed.
a new Indictment was returned last
spring and about a month ago demur-
rers fled by counsel for the defense
/ We're sutained by United States Circuit
Court Judge Vandeventer who immedi-
ately ordered that new federal grand
/ jury be summoned to consider the evi-
dence in possession of the United States
district attorney.
On November 10, eight days before
4 the statute of limitations became ef-
fective, the third and present Indictment
against senator Burton was returned
| Demurrers to this and a plea in bar
/ filed by Senator Burton's attorneys
/ were overruled by Judge Vandeventer
and the case ordered to trial.
/ The salient point Of difference between
/ the first and third indictments is that
in the former Senator Burton was
charged with receiving the alleged COM
( pensatIon in Washington, D. c., and one
/ of the points on which the supreme
/ court reversed the conviction was that
i the st. Louis court did not have juris-
/ diction. The present Indictment alleges
/ that Senator Burton agreed to accept
and did accept compensation for his
influence in st. Louis.
When court convened at 10 o'clock
this morning, Senator Burton was pres
ent accompanied by his attorney, Fred
erick W. Lehman of st. Louis, leading
counsel for the defense; W. H Rossing-
ton of Topeka, Kan, and W. K. Haynes
Of Chicago. The government is repre-
Sented by Colonel D. P. Dyer, United
! States district attorney, assisted by
/ Charles H. Robb. assistant to the attor-
! ney general of the United States, and
Horace Dyer. assistant to the district
attorney.
from whom the jury was selected by
the exercise of the pre-emptory chal-
1enges, Mr. Lehman objected to Judge
Vandeventer's apportionment of the
challenges, claiming the defense was
entitled to more than three on the
ground that the punishment for the Of
Tense charged against Senator Burton
makes it felony.
Judge Vandeventer overruled Mr..
Lehann's claim, holding that the statute
under which the Indictment was
brought expressly states the ofense is
a naisdemeanor and as such the prOsecu-
ton and defense are only entitled to
three challenges each. Mr.. Lehman
noted an objection
Jury Is Sworn In.
The jury was sworn in at 11:90 a. m
and Judge Vandeventer supplemented
the regulation oath by pointing out in
detail the duties of a juror and the
manner in which the testimony in the
case should be weighed in order to
Z reach a just verdict.
4 Colonel Dyer. the district attorney
delivered the opening statement of the
governments case. He said the charge
was brought under section No. 1882 Of
the revised statutes Of the United
states which states that no employe OF
officer of the United States government
may receive or agree to receive any
compensation for representing any party
or parties in any matter before any de
partment of the United States govern
Tnent in which the government is inter-
ested. The penalty for conviction is a
term of not more than two years in the
penitentiary or a fine of not more thar
$4,000 or both and that the convicted
person shall be forever debarred from
holding office under the United States
+ government.
Colonel Dyer then read the indict-
Inent which contains six counts. two
counts having been quashed previously
on motion of the defense. The counts