Omaha daily bee., 1905-11-24
Counsel Says Crime, If ANY, Was Com
mitted in Illinois. .
JUDGE TAKES BROADER VIEW OF CT
BE Holds that the Contract Was Cons
mated in St. Louis
GOVERNMENT SPRINGS A SURF
President of Another Investment
cern says senator sought EmplO.
ment with Him in Looking
AFTER Like Affairs.

Or. LOUIS. No, Nov. 8.-ln a lengthy
txtempore opinion, United states Circuit
Judge Willis van Devanter overruled
motion to dismiss all the counts In the In
dictment against United States Senator
Ralph Burton, charged with having agreed
To- accept and having accepted, compensa-
tlon to act as an attorney for the Rialto
Grain and Securities company before the
Postoftice department at washington
which was flled by the defense immediately
following the close of the governments
today.
Judge van Devanter said that the dein-
ton OF the word agreement" bore per
tinently upon this contention and went
deeply into both the legal and commercial
meanings OF the word He held that the
agreement was not consummated until the
representative OF the Rialto company, who
had conducted the negotiations with Sen
ator Burton on the train en- route st.
Louis to Chicago, had returned to st.
Louis and Senator Burtons proposition
had been accepted by the Rialto company.
Attorney Lehman had held that the mere
agreeing by Senator Burton TO accept
compensation was all that he the defend
anti was accountable for and that that
had occurred in Illinois. Judge van De-
vanter then denied the motion and allowed
an exception to the decision.
One OF the most important witnesses
brought forward by the government was
placed on the stand today and the testi-
mony adduced was regarded as very dam
aging TO Senator Burton. The witness,
Charles. r. Brooks, did not appear at the
former trials. His testimony was to the
effect that Senator Burton had been intro
duccd to him on the recommendation that
employ the senator who would II was
stated be a valuable man for him in the
light of a pending investigation by the
Postoffice department OF an investment
concern Of which he was the president.
Government Springs surprise.
The government sprang surprise in the
trial OF senator Burton by introducing as a
witness today Charles II. Brooks, former
president Of the company which was the
predecessor Of the Riaito company, the
NNstionsil Securities company.
Brooks testified that conference be-
tween Senator Burton, r. II. Kastor and
himself, Senator Burton was introduced by
Kastor, who said the senator was willing
to represent the National Securities com
pany. Brooks said he did not see how the
senator could bc 4 any use to him.
''Kastor replied continued the witness,
here il the man, pointing to Burton, who
defeated your fight against MaSor Dennis,
venting the issue OF fraud order by the
Postofice department
L replied that In that case it might be
well 20. employ Senator Burton, as Kastor
assured me that all speculative companies
I'm st. Louis were under investigation and
that trouble might be made for me.
There was some general discussion be-
tween myself and Senator Burton as to
terms and other matters, but no definite
arrangement was reached. ..
Tbe government also brought out the fact
that Brooks Is now awaiting a decision in
the court Of appeals on his conviction on a
charge OF conducting scheme TO defraud
in connection with the National Securities
con,nany on cross examination the de-
fense attempted TO show that the testimony
OF BROOKS was secured by certain promises
40 immunity made by the federal authori'
ties Brooks denied this
Defense Ready TO Rest.
The government then asked permission
from Judge Vandevanter TO Introduce on'
absent witness upon his arrival In the city
and with this exception Colonel Dyer an
nouneed that the prosecution had completed
it's case
Judge Vandevanter ruled that IL the Wit
ness was on hand at the reconvening o
court at 2 .. m. he could be heard.
Thomas r.. Harlan, former attorney fo
the Rialto company. was questioned by Dis
trict Attorney Dyer regarding two letter
written by Burton to Harlan and turne'
over 10 Senator Burton by Harlan afte
the nrst indictment against the senator
Harlan testified that they were destroyed
and in cross-examination he testified tina
the contents OF these letters were entirel!
personal and contained no mention Of Tn
Rialto Grain and Security company.
The first witness today was Hector c
McRea former comptroller OF the Rialt
Grain and Securities company. who testi
hed that he was introduced to Senator Bur
ton in the ONCE Of Vice President Mahane
OF the Rialto company on March 26, l9G
and was told by Mahaney that the aenato
had rendered his resignation and severe
his connection with the company.
Witness said Mahaney told him Senate
Burton had been paid to date. and In vie'
of the fact that there had been nothin
doing for some time past and that every
thing had been cleaned up In the Postofhc
department that the senator felt lac wa
not earning his fees
McRea also quoted the following stat'
ment, which. he testified. Senator Burto
made in his presenee
Before leaving Washington ! (SenatC
Burton) visited the department and theI
learned there were no complaints againi
the Rialto company"
Question Of Jurisdiction Raised.
Immediately upon the reconvening
court today after the noon recess AttOrne
I.ehmAnn, leading counsel for the defens
questioned the Jurisdiction Of the court
regard 10 counts Nos. !. ?, and OF a
Indictment, which charge that an agre
ment vas made 20 receive compensate
within the limits OF the eastern district
Missouri. and also asked that the 9TH
counts which charge that Senator BurtC
accepted compensation. be dismissed.
Attorney Lehman divided his argumen
into two parts. the first taking cognizah'
of jurisdiction. He resisted the testimoE
OF Witness T. b. Harlan, who descrtb'
his conversation with Senator BurtC
while within the boundaries OF nlino
while on a train en- route from ST. Louis