Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-11-24

conviction on a charge OF conducting a
scheme to defraud In connection WITH
the National Securities company
The first witness today was Hector
G., Mckae, former comptroller OF the
Rialto Grain and Securities company.
who testified that he was introduced to
Senator Burton IN the office of Vice.
President Mahaney of the Rlalto COM
pany on March %, 1903, and was told
by Mahaney that the senator had tch-
dered his resignation and severed his
Connection with the company.
Witness said Mahaney told him SEN
ator Burton had been paid to date, and
that In view OF the fact that there had
been nothing doing for some time past
and that everything had been cleaned
up IN the posto.lice department, the
senator felt he was not earning his
fees.
MIR. McRae also quoted the following
statement, which he testified Senator
burton made IN his presence: Before
leaving Washington, / Senator Burton)
visited the department and there
learned that there were no complaints
against the Rialto company"
On ross-eNamination the defense at
tempted to show that the testimony OF
Brooks was secured by certain prom
Uses OF money made by the federal au-
thorties. Brooks denied this.
The gov eminent then asked permits
sion from Judge Vandevanter to intro
duce one absent witness upon his ar
rival IN the city and with this excep-
ton Col Dyer announced that the
prosecution had completed its case.
Atty Lehman objected, claiming the
defense had the right TO know the
prosecutions entire case before attempt
ing to conirove,t II.
Judge Vandevanter ruled that II the
witness was OIL hand at the reconven-
| ing of court at p. m, he could be
heard, but at that hour the defense
should begin
Immediately upon the reconyening Of
! court today, after the noon recess, Atty.
| Lehman. leading counsel for the de-
| Tense, questioned the jurisdiction OF the
! court IN regard to the counts Nos, !, 2. 8
/ and s Of the indictment, which charge
/ that an agreement was made to receive
conversation within the limits OF the
Eastern district of Missouri and also
asked that the other counts which
charge that Senator Burton accepted
compensation be dismissed.
Atty. Lehman divided his argu-
ments into two parts. the first taking
cognlzance Of jurisdiction. He resisted
]
who described his conversation with
Senator Burton while within the boun-
daries Of Illinois on a train Ell route
from 81. Louis TO Chicago, when Sena-
tor Burton submitted his proposition
10 act as an attorney for a salary OF
$500 a month
The defendant IN this case agreed
then 10 accept compensation and was
not responsible for the act OF the Rialto
Grain and Securities company. which
accepted the terms OF the agreement IN
St Louis" continued Atty. Lehman
THE defendant Is responsible alone
for agreeing to accept, according TO the
statute. There IS no question OF gull
in regard to the action OF the Rialtt
company in Offering compensation oil
in accepting an agreement TO receive
compensation
Mr.. lehman argued that the wore
agreed" must be considered TO meal
agree" that is, to express a willing
ness to receive and not in the sens'
Of contract.
THE notification that Senator Bur
toms proposition had been accepted
which II seems to me Is an importan
factor" continued Atty. Lehman
was sent TO Burton at Washington
d, c., after Harlan had returned to st
Louis"
Had Senator Burton at any tim
previous to the receipt Of this notih
cation sent a telegram calling of nego
tiations, there would have been n
, offense. Even If upon the receipt o
this letter he had replied he would hav
| nothing to do with the matter. he coul
not have been indicted on this charge
1t was not until he had passed thi
/ point. until after receiving this noti
flcation he had answered it by ac
cepting, that ne became bound by his
agreements
When Atty Lehman had concluded
Asst. United states Atty. Gen. Robl
started 20 reply TO the arguments ad