The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-11-30
SENATOR BURTON
AGAIN SENTENCED
Six Months in a Missouri County
Jail and Fine of $500.
ALSO BARRED FROM OFFICE
PETITION FOR WRIT OF ERROR
ALLOWED.

ct LOUIS, Nov. 99.-United States
y Senator Joseph Ralph Burton OF
Kansas was today sentenced in the
United States circuit court 10 serve six
months in the Iron county jail. IRON
ION, Mo-, and TO pay a fine of $500 as
The penalty for conviction ON the in
dictment charging that he had acted in
the capacity of a paid attorney i'm be
half of the Rialto Grain & Securities
company of St. Louis before the post
office department 10 prevent the issu-
unce. of a fraud order.
After trial which continued
throughout last week Senator Burton
Was found guilty early last Sunday
morning on six counts of the indiCt-
1rent four of which charged that he
agreed TO receive compensation for his
services as an attorney before the post
office department in behalf of the Ri
aEO company and two charging that
IL received such compensation.
K New Trial Denied.
When court convened today the at
torneys for Senator Burton secured an
additional TWO hours in which to com
plete their petition for writ of error
upon which to base the appeal TO the
United States supreme court.
The application for a new trial was
oveTruled by Judge NanDevanter i'm
mediately upon the recOnvening of the
court A motion in arrest of judgment
was also OVerruled and United States
District Attorney Dyer then moved that
sentence be pronounced.
Ordered to Stand.
Judge VanDevanter ordered the de-
PENDANT to stand Senator Burton
arose but remained standing by the
side of the table occupied by his cOun-
sci and did not approach directly in
front of the bar as is customary. Judge
NanDeYanter said:
You have been present during the
progress OF this trial and have heard
the verdict rendered by the jury. Have
you anything to say
Senator Burton. standing pale and
mOtionless with his eyes fixed I'M
Waveringly upon the court, replied:
Nothing"
Sentence Pronounced.
Judge VanDevanter then pronounced
the formal sentence. lie said that the
penalty of Imprisonment FOR six months
and the fine of s., 800 was imposed ON
tNuilk SIN WHICH ttiAl ecu NiiH " I'm nav
ing agreed 10 accept compensation, and
sentence of six months Imprisonment
alone was imposed on count seven,
charging that ne received compens2-
Jion. IN regard 10 counts one, two
and eight Judge NanDeVauter said
that as they involved the same trans
action as count SIX, no separate Judg
mcut was imposed. and that as count
three was the same as count seven. no
D
count. Counts four and I'VE We're
quashed before the trial began. As
provided i'm statute 1882, which Senator
Burton was convicted of having ViO-
lated Judge NanDevanter imposed the
additional penalty debarring Senator
Burton forever from holding any Of
nee of honor. trust or profit under the
United States government
Buttons Previous Sentence.
The sentence imposed in the previous
- riul and conviction of Senator Bur
tln before Judge Adams was six
Months in the Iron county jail and to
pay a fine of $1,000. on appeal the
verdict was reversed by the United
States supreme court
After Senator Burton had been COM
mitted to the care of the marshal. At
toTney Lehman submitted his petition
FOR a writ of error, which was allowed.
MIR. Lehman then asked that the writ
pf error upon the acceptance by the
rourt OF a proper bond would operate
a. a stay of execution OF sentence.
This was allowed by the court, who
announced that the bond for 5000 Of
fered by senator Burton as principal
and Il. e. kerens of st. Louis as surety
was approved.
Senator Burton Immediately left the
Federal building, after refusing 10 make
any statement for publication, saying
that IL was upon she advice of his
Uounsel that he refused 10 make any
statement.