The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-11-21
SENATOR BURTON
AGAIN IN DOCK
Supreme Court Saved Him From For.
mer Sentence.
NEW INDICTMENT SECURED
CASE OUTLINED BY PRoSECU.
TON AND DEFENSE.

lf Kansas, today was called uUon 10
defend himself in the United States
circuit court against an indictment
charging that ne was offered and ac-
cepted compensation from the Rialto
Grain & Securities company Of st.
Louis, now defunct, for using his in
1uence, while a member of the United
states senate in behalf of that con
ce:p In certain matters pending before
The rOstOfice department at Washing
Ton.
Senator Burton was tried and con-
Victed on the first indictment i'm March,
1904 He appealed 10 the United States
7Qpreme court and the case was re-
I'D. \ new indictment was re- ]
NED last spring, and about month
40 demuTrers h.e1 by counsel for the
-Aefense were sustained by United
i,ates Circuit Judge Nandevanter, who
Immediately ordered that a new federal
grand jury be summoned TO consider the
keNidence ia possession of the United /
= States district attorney
Third Indictment Returned.
ON November 10th. eight days Iefore
the statute of limitations became eff
fective, the third and present indict-
ment against Senator Burton was re-
turned. Dcmurrers 10 this and a plea
In bar filed by Senator BurtOn's at
torneNs were overruled by judge Van
devauter, and the case ordered 10 trial.
The salient points OF difference be-
tween the first and third indictments IS
that in the former Senator Burton WAS
charged with receiving the alleged COM
pensatiOu i'm Washington. D. g., ana
one of the points on which the supreme /
court reversed the conviction was that
the st. Louis court did not have juris-
diction. while the present indictment
alleges that Senator Burton agreed to
accept and did accept compensation |
FOR his influence in St Louis.
Senator in Court.
When court convened at 20 o'clock
This morning Senator ..urtOn was pres
emit accompanied by his attorney,
Frederick W Lehman of St. Louis,
leading counsel for the defense; W. II.
ItOSsingtOn Of To eka, Kansas, and W.
X Haynes of -hicagO. The govern
ment is represented by Col y. p. Dyer, |
United States district attorney, as
sisted by Charles H. Robb, assistant To
The attorney general of the United /
states, and Horace Dyer assistant 70
the district attorney.
After the selection OF eighteen tales
anen. from whom the jury was selected
by the exercise of the peremptcry chal-
1enges, NJ. Lehman objected 10 judge
NandeVanter's appOruOnment OF the
challenges, claiming the defense was
entitled TO more than three, on the
ground that the punishment of the Of
tense charged against Senator Burton
makes it a felony.
offense a Misdemeanor.
Judge Vandevanter overruled Mr..
1.ehmann's claim on the ground that /
the statute under which the indictment |
was brought explicitly states the Offeuse |
prosecution and defense are only en- /
titled 10 three challenges each. Mr.. /
lehman noted an objection.
/rhe jury was sworn at 1870 a. M. /
4ud Judge Nandevanter supplemented !
80 regulation oath by pointing out i'm .
N tail the duties of a juror and the
m@uner in which the testimony i'm the
case should be weighed in order to .
reach a just verdict
Governments Case.
Col Dyer. the district attorney. de- !
livered the opening statement of the
governments case. He said the charge
was brought under section number I7S2
OF the revised statutes of the United
States which provides that no en-
pIoye or officer of the United States
government may receive or agree to +.
receive any compensation for repre- /
senting any party or parties i'm any
matter before any departmnt Of the
United States government. ina which the
government is interested The penalty
for conviction is q term of not more
than two years in the penitentiary or a
1ue of not more than $4,000 or both
and that the convicted person shall be
forever debarred from holding Office
uuder the United States government.
Colonel Dyer then read the Indictment +
D. which contains six counts. two counts
having been quashed previously on mo-
zion Of the defense,
The counts charge virtually the same
uttensc. only differing u dates and other
matters pertaining To the specific charge
made i'm the respective counts.
Outline of Defense.
Attorney Lehman followed and out
Tined 20 the jury the position that viii
be taken by the defense He adu1ftted
that Senator Burton had been employed
by the Rialto Grain a Securities COM
pany, bur laid stress upon the fact that
the president OF the company. Major
Major Hugh G. Dennis now dead, was
al that time under Indictment bv the
federal grand jury. and cOutended that
the principal reason Tor Senator Bur
TONS employment was that ne was ex-
pected TO assist at Dennis trial That
h@ did not due 50, Mr.. Lehman said
was due 10 the fact that Major Dennis
Mas advised that he had already such
au array Of legal talent that the pres
ence OF Senator Burton and the mem
beers or 81 Louis firm OF attorneys
whom he was about 10 engage would
overweight his case with counsel
Mr.. Lehman cOuteuded that the Wis
fts Senator Burton paid TO the postof-
flee department officials were not for
gne purpose OF influencing action I'm re-
gard 10 the matters I'm which the Rialto
company was interested. bat for the
purpose of investigating the case against
Major Dennis. Mr.. Lehman explained
- that while Senator Burton was employed
~ he RialtO company and Yet expected
To- devote his political eudeaVors to the
case growing out of the Indictment of
It's president there was nothing unusual
in this as Major Dennis owned almost
aIl the stock of the Rialto company
and they were practically one
Admitted the Payments.
Attorney Lehman admitted the pay
snent TO Senator Burton OF $500 in the
offices of the Rialto cOmpany in ST. Louis