Omaha daily bee., 1905-11-25
SENATOR BURTON on STAND
Says he Told Postal officials he Was Not
Interested in Department Cases
DEFENSE SCORES POINT IN CONTEST
judge Permits Introduction of Evil
dence 60 show nature of Re-
port Made by the Gov
ernment omciRIs.

NahAtAi TIE NhSt OF NHlNtu oNhNtS pSAAeNNA
Ralph ]. Burton Of Kansas, charged with
violating a federal statute by practicing
before the Postoffce department as an at
torney. must be submitted to the jury
tomorrow. Judge vandevanter said that
he had no wish to curtail the time of coun-
sci for argument but that as tomorrow
was the last day Of the week he thought
that the case should be concluded in time
to give the jury all OF Sunday, II necessary
to consider the evidence.
The attention of the court was occupied
today with the closing Of the defense. which
began yesterday noon, and the first argu-
ment for the prosecution, delivered by
Assistant United States Attorney General
Robb. Mr.. Robb spoke three hours and
at his conclusion court adjourned until to-
morrow morning
There remains the arguments for the
defense, which will be made by Attorney
Lehman of st. Louis and Attorney Haynes
of Chicago, and the final argument for the
government by District Attorney Dyer. In
stead of excusing Senator Burton immedi-
ately upon the conclusion of his direct
testimony, as was done at his former trial,
District Attorney Dyer today subjected the
witness to the most severe cross-examina-
ton during the present hearing
AhG Ouly witnesses lnlIoulttu ug Nht
defense, with the exception OF those first
examined as government witnesses, were
Colonel W. w. Smith Of Topeka, Kan,
Senator Buttons private secretary. who
corroborated part Of the senator's testi-
mony, and former Judge Chester H. Krum,
who had charge of Senator Burtons de-
Tense at his former trial and who testified
today that his associates in preparing for
the trial of Major Dennis, president of the
Rialto company. had been Mr.. Harlan and
Senator Burton.
For the first time since the case went to
trial the general public evinced interest in
the proceedings and a large crowd was
present when court convened. Hitherto the
attendance has consisted principally of at
torneys and law students, attracted by the
purely legal phases of the case.
Defense scores Point.
Before any testimony was introduced
Judge Vandeventer delivered an opinion in
which he held that the defense would be
permitted to Introduce evidence to which
an objection was sustained yesterday for
the purpose of showing that the postoffice
inspectors had communicated to the Rialto
Grain and Securities company, at a time
previous to the employment of Senator
Burton by the Rialto company, that the
investigation had not shown the necessity
for the issuance of a fraud order.
Under this ruling Postoffice Inspector NJ.
G. Price was recalled by the defense.
Mr.. Price testified that he had made a
report to his superior. Inspector Dice, that
the condition of the Ralto company was
not such that fraud order was necessary.
but said he did not remember telling any
one connected with the Rialto company
anything to that effect
Defendant on stand.
Senator Burton was then called to the
stand He was sworn and seated himself
in the witness chair leaning slightly for
ward and answering ali questions in a
clear, distinct voice and apparently without
hesitation or forethought He frequently
anticipated his counseIs questions, begin
ming his replies before the completion of
the Interrogation.
The senator's testimony in the beginning
followed closely that given in the former
trial. with the exception that in describing
his conversation with Thomas B. Harlan,
in regard to which the latter has already
testified, Senator Burton laid special stress
upon the fact that before the conversation
relating to his employment by the Rialto
company was started the train in which
they were enroute from st. Louis to Chi
cago had crossed the Mississippi and was
in Illinois, outside the Jurisdiction of the
court before which the case is being tried
Tells of Conversation.
Senator Burton testified that during his
conversation with Harlan. who was the
representative OF the Rialto company, he
(Burton) used the following words in con-
| nectlon with his proposed employment:
Now, Mr.. Harlan, let me understand
| you. ! am senator This company is
using the mails extensively. Is it contem-
plated in any way that l am expected TO
use any influence In the department di-
rectly or indirectly?'
His answer was very emphatic He said,
| No, senator, we do not want any influence
| In the department.
In reference to the compensation offered
| by the Rialto company In connection with
| his employment as counsel to appear in the
] defense OF its president, Major Dennis,
Senator Burton said:
Il told him that did not want to enter
a case of that kind as counsel for a rich
man, for nominal fee of 500 or $500, and
! suggested a contract of $500 month for
Ave months.
! when l received the letter notifying me
OF my appointment by the Rialto company
! spector Cochran and inquired regarding the
complaints, because 1 was naturally anx-
| ious TO learn the standing OF the concern
with which / was to be identified"
| Talk with Cochran.
| Senator Burton testified that Cochran re-
piled that there were two complaints Il
| then told Cochran that ] had been led to
believe that the complaints grew out Of the
| operations OF a former concern. and that
I had been assured that the Rialto company
was all right. 1 then inquired casually
| about the procedure in cases under investi-
cation, telling Cochran that had no in
tention of appearing before the department
| as the companys attorney and that the
| questions were prompted by desire 10 as
certain what TO avoid in my dealings with
the department"
/ Senator Burton testified to the visit paid
TO Washington by Attorney Harlan and
| declared that the object of the meeting
was entirely a discussion OF the indict-
ments which were threatened against Major
Dennis. He said their whole conversation
was on that subject
| In regard TO the visit paid TO the Post
ONCE department by himself and Dennis.
\ Senator Burton said It was purely I'M
premediated as when driving past the
building, Major Dennis inquired what
building It was and that he suggested that
they go in, and that in passing the door