Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-26
SENATOR BURTON CONVICTED
Jury Retains Verdict of Guilty on All Six
Counts in indictments,
COUNSEL WILL FILE BILL OF EXCEPTIONS
Defendant Ordered to Re In Court
Monday Morning at 10 O'Clock,
when an Appeal win
he Asked For.

ST. LOUIS, Mo. Nov. Ex-senator b. r.
Burton Of Kansas was tonight found guilty
on all six counts i'm the indictment upon
which he has been on trial for the last
week in the United States circuit court
charging him with having agreed to ac-
cept and having accepted compensation
from the Rfalto Grain and Securities com
pany OF st. Louis, to appear for the COM
pany in the capacity OF an attorney be-
fore the Postofice department.
The verdict was brought in at 1850
O'Clock, two hours and twenty-five min
utes after the jury had received the case.
Senator Burton was ordered to appear i'm
court at 10 o'clock Monday morning when,
his counsel announced, bill OF exceptions
would be presented and an appeal asked
for Court then adjourned.
From the time the jury went out Burton
was pacing the court room with long, even
strides.
At 1910 there was a summons from the
inside of the room in which the fury had
been confined considering its verdict. The
marshal upon being informed that an
agreement had been reached notified
Judge Van Devanter. Senator Burton took
his accustomed seat at the table with his
counsel. His features were set, but they
expressed no visible sign of emotion from
the time the jury entered the room until
the verdict had been read.
His facial expression did not change dur.
ing the reading of the verdict and the
separate answers by the jury Of Guilty
to each count
Senator Burton, accompanied by his coun-
sci, descended by. the elevator to the
ground floor and together they departed
for his hotel. The senator was permitted
by the marshal to have his freedom Oh the
promise Of his counsel to produce him in
court at 10 O'Clock next Monday morning.
Case Goes to the Jury.
ST. LOUIS, Mo. Nov. 25.-The case Of
United States Senator j. Ralph Burton of
Kansas, charged with violating federal
statute by appearing as paid attorney
before the Postofice department to pre-
vent the issue of a fraud order against
the Rialto Grain and Securities company
of ST. Louis, was given to the Jury at 1875
tonight i'm the United States circuit court.
For he first time during either this or
the former trial of Senator Burton OH the
same charge, night session of court was
held. Arguments by counsel occupied both
the morning and afternoon. and as Judge
VanDevanter. was anxious to end the case
this week. he announced that he would
charge the jury tonight. 1t was intended
to convene court at s p. M, but it was
rot until after 10 o'clock that Judge Van
Devanter appeared in the court room.
There had been a consultation, however,
between the government attorneys. counsel
for the defense and Judge VanDevanter
relative to the instructions the prosecution
and the attorneys for Senator Burton
wished given to the jury, and the court
! had prepared his charge in writing.
He commenced reading at 1910 O'Clock,
| in distinct voice that was clearly audi
BILE in all parts of the court ROOM Reading
slowly and carefulyf~e had completed that
part referring to tiN ,is1ihony land how it
should be considered by the jury in twenty
minutes. Five minutes later the jury had
left the room and was considering the YER
| dict.
One Of the important points brought out
| in Judge Van Devanters charge was that
| the question Of the jurisdiction Of this court
relative to the agreement between Senator
Burton and the representative of the Rialto
company, Mr.. Harlan, which the defense
contended was made in Illinois, was left to
the jury to decide.
Charge of the Judge.
| Judge Van Devanters instructions to the
jury, in part follows:
/ Gentlemen of the Jury: The court fully
! appreciates the close attention which YOU
have so patiently given to the introduc.
ton of evidence and to- the arguments
of counsel and cOagratulates you tnat the
| arguments have been so superior, so com
plete and so enlightening that their effect
| cannot be otherwise than. to shorten and
lessen your labor in considering and weigh.
ing the evidence, in extracting the truth
! from 1t and In reaching a verdict upon the
ultimate question of the defendants gull
or innocence.
| The case is of great Importance tn IN,
defendant because il involves his reputa
ton and his fidelity as public servant
| II is of like Importance to the public be
cause 1t involves the right of the govern
ment to Inquire whether one occupying
high official station has departed from tn,
lines OF fidelity and violated a statute in
tended to promote and secure independent
efficient and just action In the eXecutiv,
departments, and, II he has, to impos,
the punishment provided by law.
Upon finding verdict of guilty or no.
guhIy your duty is at an end. The re
sponsibility of fixing the punishment 1
there be verdict OF guilty. rests upon tn,
!