Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-21
BURTON ALAIS FACES COURT
ssnatsr from Ksnsai On Trial at 81, Lewis
for Alleged Grating"
THIRD INDICTMENT ON SAME CHARGE
Twice Before Has KRnsan Escaped
once After Conviction and
second Time on Demurrer
to Indictment.

ST. LOUIS. Nov a.-For the second time
within o years United States Senator j.
Ralph Burton Of Kansas today was called
upon to defend himself in the United
States circuit court against an indictment
charging that he was offered and accepted
compensation from the Rialto Grain and
Securities company Of st. Louis now de-
funct for using his influence while a mem
Der of the United States senate. In behalf
OF that concern I'm certain matters pending
before the Postofice department at WASH
ington. Senator Burton was tried and con-
victed on the first indictment in March.
1904. He appealed TO the United States SUI
preme court and the case was reversed A
new indictment was returned last spring
and about a month ago demurrers fled by
counsel for the defense we're sustained by
United states Circuit Judge Vandevanter
who Immediately ordered that a new fed
eral grand jury lie summoned to consider
the evidence in possession of tho United
States district attorney.
Just Inside Time Limit.
On November s. ten days before the
statute of limitations become effective. the
third and present indictment against sena-
tor Burton was returned. Demurrers to
this and a plea In bar fled by Senator Bur-
vandevanter 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 compensation in
Washington, d. c., and one of the points
on which the supreme court reversed the
conviction was that the St. Louis court
did not have Jurisdiction; while the present
indictment alleges that Senator Burton
| agreed TO accept and did accept compensa =
ton for his influence in Sc. Louis.
When court convened at 10 O'Clock this
morning Senator Burton was present. ac-
| companied by his attorneys Frederick l..
Lehman of st. Louis leading counsel for
| the defense; w. II. Rossington OF Topeka,
Kan, and w. X. Haynes of Chicago. The
| government Is represented by Colonel d.
p. Dyer United States district attorney,
| assisted by Charles H. Robb, assistant TO
the attorney general of the United States.
| and Horace Dyer. assistant to the district
| attorney.
After the selection OF eighteen talesmen
| from whom the jury was selected by the
exercise of the peremptory challenges, Mr.
| Lehman objected to Judge Vandevanter'
| appcrtionment of the challenges. CLAIMING
the defense was entitled to more than three
on the ground that the punishment for the
oftense charged against Senator Burton
makes It a felony.
Charge Not Felony.
| Judge Nandevanter oVerruled Mr. I.eh.
manns claim holding that the statute un.
der which the Indictment was brought ex-
pressly states the offense is misdemeanol
and as such the prosecution and defense
| are only entitled to three challenges each
| Mr.. Lehman noted an objection
The jury was sworn at 1880 a. m. and
| Judge Vandevanter supplemented the regu.
lation oath by pointing out in detail the
duties of juror and the manner In which
| the testimony in the case should bt
weighed in order TO reach a just verdict
Colonel Dyer, the district attorney, deliv
| cred the opening statement of the govern,
ment's case. He said the charge wa,
brought under section No. 1882 of the re
vised statutes of the United States which
states that no officer or employee Of III,
| United states government may receive OF
| agree to receive any compensation for rep
| resenting any party or parties i'm any mat
| ter before any department OF United state
government in which the government IL in
| teTested. Penalty for conviction il a tern
| OF not more than two years in the peni
| Tertiary or fine of not more than $1,000
or both, and that the convicted person shall
| he forever debarged from holding ofic,
under the United States government
Colonel Dyer then read the Indictment
| which contains six counts. two counts hav
ing been quashed previously on motion o
the defense The counts charge virtual,
the same ofrense, only differing in date
and other matters pertaining to the specih
charge made In the respective courts
/
| EtDE pCNnDn