The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-26
SECOND CONVICTION.
First Trial Was Held in March,
1904.
This Verdict Was Reversed by
Supreme Court.

ST Louis, MO, n ON. Zb---lue rate Oh
United States Senator j. Ralph Burton
of Kansas. on trial for selling his in
huence in a case which the federal
government is interested, was settled
in so far as the jury is concerned by
the returning Of a verdict OF guilty at
1:15 Sunday morning.
This result was rather expected
when it became generally known that
Judge Van Devanter's charge to the
jury was very unfavorable to the de-
fendant.
At 1925 last night Judge Van De-
vanter completed his charge and the
twelve men filed out of the court room
to begin their deliberations.
AT a late hour last night the jury
had sent out no intimatiOn as to
whether it would reach a prompt
agreement. 1t was expected. however,
that a sealed verdict would be re-
turned which would not be opened un-
til Monday morning.
At 1890 a. m. the jury sent word
to the judge asking him to wait until
/ O'Clock. and expectation was again
put on edge with expectations of an
immediate verdict No intimaTion
came from the jury room as to how
the jury stood. but it was surmised
that the majority stood for conviction
At 1:10 the jury notified the court
that they had reached a verdict and
they were ordered to report.
At I:15 they filed into court and
the verdict was rendered as above.
After the verdict was returned
counsel for Senator Burton gave no
tice of a motion for an appeal Bond
was furnished for the senator and
court was adjourned until Monday
morning
The closing hour Of the trial were
sensational. although they were devo-
ted almost entirely to the pleas Of the
attorneys. The lawyers were caustic
in their pleadings, the defense attack
ing the case presented by the prosecu-
tion and the governments attorneys at
tacking Senator Burton.
District Attorney Dyer, who closed
the governments case, vehementIy de-
nounced the defendant his argument
being punctured with many oratorical
chmaXes. He referred only in a gen
erai way directly to the evidence, the
major portion of his remarks dealing
with the bearing of the testimony on
The guilt or innocence of the defend
ant.
His Second Trial.
This was the second time within two
years lhat senator Burton was called
on 20 defend himself in the United
States courts on indictments charging
him that he was offered and accepted
compensation from the RiaIto Grain
and Securities company of St Louis
detunct for using his influence. while
a member of the United States senate
IN oenaf OF that concern in certain
matters pending before the postofTice
department at Washington.
Senator Burton was tried and con
Ylcted on the first Indictment in March,
ISV4. lie appealed to the United States
supreme court and the case was re-
verseG
new Indictment was returned last
spring and about a month ago demur-
rers fled by counsel for the defense
were sustained by United States Cir
cult Court Judge Vandeventer who Inn
mediately ordered that a new federal
grand jury be summoned to consider
the evidence in possession of the Uni
TED States district attorney.
on November 10. eight days before
tne statute Of limitations became effec-
1--WE The third and present Indictment
on "nich senator Burton has been con
EieleQ was returned. Demurrers to
tl41s ana a plea IN bar fled by Senator
Burtons attorneys were oyerruled by
Judge Vandeventer and the case order
ed TO trial
The salient point of difference be-
tween the first and third indictments
was that in the former Senator Bur
ION was charged with receiving the
alleged compensation in WASHINGTON.
a. O., and one of the points on which
the supreme court reversed the con
Wctlon was that the St. Louis court
AID not have jurisdiction The last
Indictment alleged that Senator Bur
Ton agreed to accept and did accent
compensation for his influence in ST.
Louis
The Penalty in the case.
The penalty for the crime of which
senator Burton has been convicted is
q me OF not more than $4,000 and
Imprisonment for not more than two
years. 1t must be both a fine and i'm
prlsonment. The penalty may be as
low as one dollar fine and one dav in
jail He is also forever prohibited
from holding any Office of honor. trust
OF pront under the United States gov
ernment.
After his former conviction Judge
Adams imposed a fine of $4,000 and
sentenced Burton to six months in
Weather Indications