The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-11
Government Refuses to Drop
Case Against Senator Burton.
For Third Time He Is Indicted
In Federal Court.
COVERS SAME GROUND.
Technical Defects In Old In
dictment Remedied.
Post Office inspectors Furnish
the Evidence.

st. Louis, Nov. 11.-FOr the third time
Joseph r. Burton, senior senator from
Kansas, has been indicted by the federal
grand jury for his connection with the
Rfalto Grain and Securities company.
The Indictment by the grand jury was
made necessary by the action of Judge
Vandeventer in sustaining a demurrer
in a previous Indictment Eight counts
are included in the Indictment today.
The indictment was declared faulty,
because of its wording and the govern
ment must now rest its only chance of
conviction on the new indictment
brought. Senator Burton's attorneys
will file a demurrer and if this should
be sustained the case will be dismissed.
Senator Burton and his attorneys have
been in st. Louis for several days. Siren
uous efforts have been made to induce
the government to drop the prosecution
since the supreme court reversed the
original finding which imposed q f1ne Of
| So 500 on Senator Burton and inprison-
ment for five months. The department
of Justice has been determined and Chas.
n. Robb, assistant attorney general, who
prosecuted the postoffice cases came to
ST. Louis to assist Colonel Dyer, the
federal attorney. in presenting the case
to the grand jury. Mr. Robb will also
/ assist in the trial
The allegations in the present lndlct-
ment are the same as in the one quasn-
ed. That while a senator of the United
| states, Mr.. Burton accepted money
from the Rialto Grain and Securltles
/ company of st. Louis for services rem
dered before the postoffice department
/ in behalf of that company which was
being investigated by inspectors. the
only change is in the legal wording OIL
| the indictment, which is changed 10
avoid the errors found in the former
| one by United states Judge Vandeven-
/ ter .
| The federal grand jury was sworn IN
/ yesterday by Judge Vandeventer ana
| then il is stated, spent the entire day
I in the examination of witnesses, who
with one or two exceptions, We're elll-
ployes of the postofice department
W. Vickery, chief postoff1ce inspector
/ of Washington; William 9. cochran
purchasing agent of the postoftice de-
| partment of Washington; Inspector
| Charge r. NJ. Fulton of st. Louis, ana
Inspector in Charge Joseph P. johnson
of New Orleans, were the prlnclpai
/ witnesses.
senator Burton was indicted and con
| victed on a charge of accepting money
| from the Rialto Grain and Securities COM
4 pany for using his 1nhuence N tne con- con-
/ panv's behalf in matters pending DetOre
I The DOStOffice department at W WaShlng Ton
/ The trial took place in November 1913
/ Tho case was appealed to the supreme
court which reversed the findings of the
4 St Louis court and the case was SEM
/ back for retrial
new Indictment was formed by the
J grand jury in March, 1905, Burton $ at
torney, r w Lehman, filed demurrer
to this Indictment and it was sustained
Judge Vandeventer called the present
| grand jury in order that the Burton case
might be considered before the statute
of limitations became effective November
/ IS
The errors found in the former indict-
Ja5A iii 11o al
/ ton knew a case relating to the Rialtc
company was pending in the department
when he was alleged to have. appeared
/ there: that it did not allege that the post
master general had the right to conduct
J the inquiry alleged to have been in prog
rcss: that Il is alleged that the inQuiry
was being conducted under a section Of
the statutes which provided for crimi-
nal penalty, which was beyond the juris-
diction of an executive officer, and that il
| should have alleged that the inquiry was
! conducted under a section which provided
for the issuance of fraud order. The
new Indictment returned remedies these
] a