Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-23
BURTON'S CASE IS RUSHED
Rapid Progress Being Made in Trial Of
Kansas Senator.
JUDGE vANDtVANTER PUSHES THE WORK
Government Takes short Cuts In Pre-
sentation of Testimony and
Case May Go to Jury
This Week.

rendering services as an attorney before
the Postofice department at Washington
In violation of the federal statutes, and IL
now appears probable the case will go to
the jury not later than Saturday
The government has taken several short
cuts in its presentation Of testimony and
Judge Vandeventer has saved time by his
sharp decisive rulings and his admonitions
to counsel to confne themselves strictly to
the matters at issue.
When court opened today Judge vande-
venter announced that he overruled the OBJ
lection made by the government late yes
terday to certain questions asked by coun-
sci for the defense in the cross-examna-
tion Of Witness Thomas B. Harlan, former
attorney for the Rialto Grain and Securi-
ties company. who was placed on the stand
by the prosecution.
At Senator Burtons former trial Harlan
was a witness for the defense and the oh
ject Of Attorney Lehmann's cross-examina-
tion was to bring out the testimony ELECTED
from Mr.. Harlan at the former trial. when
a witness for the defense Attorney Leh-
mann took up the letter written by Harlan
to Senator Burton accepting the latter's
proposition TO act as attorney for the Rialto
company for a salary of $500 a month,
which was introduced yesterday and ques-
toned the witness regarding the events
leading up to the writing OF the letter.
This was the point on which the govern
ment based its objections
Talk with Burton.
Mr.. Harlan described his first meeting
with Senator Burton on November II, 1902
He said Senator Burton had little time at
his disposal and that he proposed to ac-
company the senator to Chicago and talk
ne2
ton was accepted.
Witness said he described to Senator Bur-
ton the difficulties in which the Rialto
company was involved through the ami
mostly OF former business partner OF
Major Dennis president of the Rialto com
pany, 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
indictments might be returned by the fed
eral grand jury against Major Dennis.
According to the witness the con-
versation then pranched off on to railroads
and ne explained the Rialto company pro-
jected a new sureties department and
suggested that Burton could act as the
head Of this. being in a position, as the
director in a railroad board and having
other financial interests. TO investigate
securities in which it was proposed to deal
In recalling his conversation with Senator
Rurton, Mr.. sIarlep said:
''He said uneanirg Senator Burton) now
you must remember | am United States
senator l not going to do anything
inconsistent with my duty as United
States senator
Question of Compensation.
ct assured Spnator Burton that I did
not want him under any circumstances to
do anything inconsistent with his position
as United States senator and | was just
! as positive in my statement as he was in
/ his declaration, as far as that matter was
! concerned.
| up to this time nothing had been said
I about compensation He had not even in
dicated. to the best OF my recollection
/ whether he would or would not become
counsel.
/ Il brought up the question of compansa-
ton. I explained to Senator Burton That
| old not feel that l had any authority TO
| close any contract, but l would take the
whole thing into consideration and report
! it back to the company when 1 returned to
| St Louis. Senator Burton said he would
serve as counsel for $500 a month That
! struck me as being reasonable, so much
! so that I did not dissent to II, all things
/ considered. And he said: "Of course,
| don't want to get cut off at the end OF
one month. l don't want TO go down there
to st. Louis and try, or help you In the
trial of that case, should there be an in
bdictment, and have my salary cut off at
the end of the first month"
80 one or the other of us, | don't re-
member which one of us, suggested five
months At any rate. whoever suggested
it, that was acceptable"
After Mr.. Harlan had been cross ex-
amined and then taken by the district at
torney for redirect examination. the gov
ernment placed Joseph p. Carr formerly a
clerk employed by the Rialto company.
president Of the same company, upon the
stand
Cash Paid TO Burton
Mr.. Mahaney was placed on the stand
and testified that on March %. 1903, he had
paid Senator Burton $500 in currency Wit
/ ness also testified than ne told Senator
Burton that as there were no further mat
ters pending before the Postofice depart
ment at Washington and that as congress
had adjourned. and for the additional rea
son that II was necessary for the company
to reduce expenses. that he CNIahaneyl
saw no reason for the continuance of em-
ployment of Burton. Mahancy further
stated that upon the suggestion of Burton
he destroyed two letters that Burton had
written, Burton having said 10 him that
should any Of his letters fan into un-
friendly hands Burton's motives might be
misunderstood
Mr. Mahaney identified a telegram from
Senator Burton, which was read to tho
Jury I'm reply TO a dispatch from Mahaney
telling Burton that it had been learned
that two special inspectors had been ap-
pointed by the Postofice department "a
Investigate the Rialto company. Burton's
reply follows:
NO complaint in the department against
you. VIII write fun particulars by to,
nights mail"
Witness said that the letter referred "a
was one Of those destroyed al Burton's
request on March D, 1893.
In reply 10 a question by District At,
torney Dyer, Mahaney said that to his
knowledge the Rialto company had no
other business in Washington than thai
pending in the Postohice department
Fairbanks' New Home.
WASHINGTON. Nov. 22.--Vice President
Fairbanks is to occupy during the present