Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1905-11-30
SENATOR BURTON
AGAIN CONVICTED
Verdict of Guilty Returned OF Each
CT the Six Counts.
WILL NOT DISCUSS RESULT
State Treasurer Kelly of Kansas,
However, Talks Freely, and Char
acterixes the Conviction as
an "Outrage."

st. Louis, Nov. 27.-The jury in the
case of Senator Joseph Ralph Burton,
of Kansas, charged with using his in
iiuence as United States senator in be-
half of the Rialto Grain G. Securities
Co., of st. Louis, returned a verdict at
two O'Clock Sunday morning, finding
the defendant guilty on each of the six
counts Of the indictment.
Judge Van Devanter, at the recon-
mendation Of District Attorney Dyer,
released Burton on his own recogni-
zarce until ten o'clock this morning,
for an appeal will Immediately follow
the passing of sentence.
The jury was out two and one-half
hours. According to one of the mem
bers only n ballot was taken. The
greater part of the time, he stated, was
consumed in considering the indictment
and the instructions of Judge Van De-
vanter.
Senator Burton was in the court
room when the verdict was read. He
said he could not discuss the matter
until his future actions had been de-
cided Upon. He stated, however. that
he had no fault to find with the in
structions given by Judge Van Devan-
ter to the jury.
81 have no fault to find, but I am
net III a position to discuss the matter
just now" said Senator Burton.
"The Conviction Outrageous."
T. T. Kelley, state treasurer of Kan
sas, had this to say: 1--WE think the
conviction Of Senator Burton is out
ragecus. The fact is that the deter
mined effort to convict him is nothing
more nor less than persecution. The
government promised immunity to sew
eral of its witnesses to bolster up the
case. The men took the stand and per-
jured themselves. Every device and in
fuence the government could bring to
bear was used against him."
Will Take an Appeal.
Burton's attorneys stated that an ap,
peal to the supreme court would be
taken on tile ground that the indict-
ment was insufficient; the overruline
of the plea at bar, and the excluding
of evidence by the court; the various
exceptions taken during the trial to the
exclusion or admission of evidence.
Brief Resume of the Case.
Senator Burton was first indicted by
the United States grand jury Novem-
Der IS, 1908, on a charge of using his
influence as United States senator in
behalf of the Rialto Grain & Securities
Co. of st. Louis, which was being in
vestigated by the postmaster general.
The case went to trial before Judge
Adams March %, 1904, and on March
Is he was convicted. April 6, 1904, he
was sentenced to IS months in the Iron
county (Mo.) Jail and fined 5000.
> He appealed the case to the United
States supreme court and a new trial
was ordered.
The federal grand jury returned an
other indictment, and shortly before 1t
was ready for trial, the attorneys for
Burton delnurred to the indictment on
the ground that it was faulty. On o.
tober II Judge Van Devanter sustained
the demurrer.
He was indicted two weeks later, and
again his attorneys demurred to the
new indictment, and raised similar OBJ.
jections as they did to the former in
dictment.
Judge Van Devanter overruled the
demurrer and ordered the case to go to
trial. This is the third time the case
has been gone over in the federal
courts and the second conviction Sc
cured.