The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-22
He HIRED BURTON.
CONTINUED from Page one.l

4-lAttA4ASAe Al III l-f4A~sS
18th of each month thereafter. the
senator would draw on the company
second letter was written by Hugh
c. Dennis, president Of the Rialto
company to Senator Burton.
The four checks which Senator Bur
ton received We're also offered. There
was no effort on the part Of the de-
tense to prevent the Introduction of
any of the testimony which formed
the basis for all the quibbling at the
former trial. In one instance Mr..
Lehman took a check over to Senator
Burton and asked him to identify his
Endorsement on the back. The senator
slowly took his glasses from an inside
pocket and carefully adjusted them.
That is my signature he said.
The defense has based its entire case
on its ability to convince the jury that
Senator Buttons activity in the RiaIto
company's affairs were solely those of
a lawyer who had been employed to
defend Hugh c. Dennis, the president,
/ in a criminal prosecution.
Before the letters which passed be-
tween Senator Burton and the officers
OF the Rialto company, together with
the checks showed that he had been
paid $2,500 in monthly installmentS of
$500 each were offered to the jury, the
government laid its foundation for the
contention that at the time the con-
tract was entered into between Senator
Burton and the Rialto company, the
case against that company was pend
ing before the departments in Wash
ington.
William E. Cochran, ex-chief post
Office inspector, was the last witness
called by the government to establish
this contention. He identified the let
ters on which the original case had
been made and explained the methods
of the postofice department.
An interesting feature of the trial
developed Tuesday afternoon, when it
was shown through the testimony of
Daniel RansdeIl, the geant-at-arms
Of the senate, that part at least, of the
telegraphic correspondence of Senator
Burton and the Rialto Grain and Sc
curiues company was paid for by the
government. Mr., Ransdell was asked
by Colonel Dyer what fund these tele-
grams were paid from, but the court
did not permit him to answer.
Rules Like Adams.
In passing upon the notations on a
carbon Jacket which might be pre-
scented to the jury, Judge Van Devanter
gave an opinion of great significance as
indicating what his instructions to the
jury may be. The attorneys for Senator
Burton insisted that all the notations
on the Jacket" should go before the
jury, although the defense did not out
line in fun what It might hope to show
through this testimony. Mr.. Lehman
stated that he would be able to prove
that nothing Senator Burton had done
had any influence with the department
but that this action was due directly
to the Investigations of the postoffice
inspector and the department officials
themselves in refusing to permit the in
PRODUCTION of testimony prior to March
26, 1903, the date on which Senator Bur
tons services to the Rialto company
ended.
Judge Van Devanter gave ruling
similar to one by Judge Adams in the
first trial as to the services of a United
States senator in matters pertaining to
the departments in Washington It is
charged in the indictments that Senator
Burton used his influence as a senator to
prevent and did prevent the issue of a
fraud order by the postmaster general
Judge Van DeVanter held that it made
no difference whatever what motives
finally prevailed with the department
officials to prevent the issue of fraud
order; the only question for the jury to
consider was whether Senator Burton
during the five months for which he
was under pay of the Rialto company
attempted to influence the postohice Of
ficials.
The government attorneys massed
their testimony which tended to show
an agreement between Senator Burton
and the RiaIto company. They placed
Thomas 3. Harlan, the Rialto COM
pany's lawyer, on the stand but had not
finished with him when adjournment
was taken at 4:30 o'clock.
Mr.. Burton Engaged.
The first letter identified by Mr. Har-
Ian and read to the jury by Colonel
Dyer was under date of NoveroH0- 10.
1902 In the letter Mr.. Harlan wrote:
'sNfr. Kastor and I arrived safely and
on time this a. m. found myself con-
fronted with a number of engagements
which together with Major Dennis con
dition prevented me from wiring you as
early as I expected. II NWeVer, hope
you received my message to the effect
that this company accepts your terms
to act as counsel at salary of $500 per
month, said service TO begin immedi-
is, 1902. I have been unable to get any