The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-12-08
BURTON On
THE STAND
he FlatIy Contradicts
the Government
Witnesses.

cIlce Department as an attorney must
be submitted to the jury tomorrow.
Judge Vandevanter said that he had
no wish to curtail the time of coun-
sci for argument. but that as tomorrow
was the last day of the week ,he
| thought that the case should be con-
| cluded in time to give the jurv all of
| evidence.
The attention Of the court was occu-
pied today with the closing of the de-
tense. which began yesterday noon. and
| the first argument for the prosecution.
| delivered by Assistant United States
Attorney General Robb. Robb spoke
| three hours and when he concluded
| court adjourned until tomorrow morn
ing. There remain the arguments for
| the defense, which will be made by
Attorney Lehman of st. Louis and At
torney Haynes of Chicago, and the fl
| nal argument for the Government by
District Attorney Dyer.
Senator Burton took the stand today
in his own defense. Instead of excus-
ing him Immediately upon the conclu-
sion of his direct testimony, as was
done at his former trial, District Attor-
ney Dyer today subjected the Senator
to the severest cross-examination dur
ing the present hearing.
The only other witnesses introduced
by the defense, with exception of those
first examined as Government wit
Senator Buttons private secretary,
who corroborated part of the Senator's
testimony, and former Judge Chester
H. Krun, who had charge of Senator
Burton's defense at his former trial
QUESTION OF JURISDICTION.
Senator Burton's testimony in the be-
ginning followed closely that given in
the former trial, with the exception
that in describing his conversation with
Thomas B. Harlan in regard to what
the latter has already testified, Senator
Burton laid special stress upon the
fact that before the conversation relat-
Company was started the train in
which they were en- route from St.
Louis to Chicago had crossed the Mis-
sissippi and was in Illinois, outside the
the case is being tried.
Senator Burton testified that during
his conversation with Harlan, who was
the representative of the Rialto Com
pany, he used the following words in
connection with his proposed employ
ment:
Now, Mr.. Harlan, let me under !
stand you. I am a Senator. This COM
pany is using the mails extensively. Is
it contemplated in any way that I am
expected to use any influence in the
department, directly or indirectly" His
answer was very emphatic. He said:
No. Senator; we do not want any in
fuence in the department.
In referring to the compensation Of
fered by the Rialto Company in con-
nection with his employment as counsel
TO appear in the defense of it's presi-
dent. Major Dennis Senator Burton
said:
81 told him that I did not want to
enter a case of that kind as counsel
for a rich firm for a nominal fee or
$500 or $500, and suggested contract
of $500 a month for five months.
STRONG DENIAL BY SENATOR
The ewes of all in court We're fas-
tened on Burton as his counsel asked
him whether or not he remembered the
CONVERSE ton relative to his employ
n,ent .by the National Securities Com
many as related yesterday by CharIeS
H Brooks, witness for the prosecution.
mo" almost shouted Burton, intent
" leaning forward as if to emphasize
his answer.
In rebuttal W. J. Vickery and w E.
Cochran. postoffice inspectors, testlhed
that the following statement was not
made by Senator Burton in their pres
ence. as testified to by the Senator:
IT Senator Burton) can not be en- |
pIoyed for any sum to appear as an
attorney before the Postoffice Depart |
ment."
During his cross-examination by Dis
+rict Attorney Dyer, Senator Burton. |
h,, his replies to the following ques-
+ione controverted the testimony Of
witnesses placed on the stand by the
.eWere there no letters destroyed in
vo,1r presence by Mahaney when you
were in his Officer
NO sir
was there anything said at that
+f,,,a nv YOU that before leaving Wash
ington you had visited the depart
rnent and found that there were no
claims or complaints against the HI
alto Grain and Security Company
.cNot a word said about that.
mid Won leave him upon that occa-
sion your address in Kansas"
NO, sir
was there anything said in that
converse ton in the presence OF Ma
80 tar that if the company needed -
T-o11r services, you would be glad to
NO. sir. know there was nothing
said of that kind"