Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-20

pending before the Post Office Department
at Washington.
Senator Burton was tried and convicted
on the first Indictment in March, 1904, He
appealed to the United States Supreme
Court. and the case reversed.
A new indictment was returned last spring
and about month ago demurrers filed by
counsel for the defense were sustained by
United States Circuit Judge Van Devanter,
who Immediately ordered that a new feder-
al grand jury be summoned to consider the
evidence in possession of the United States
district attorney.
Case Ordered to Trial.
On November 10. eight days before the
statute of limitations became effective the
third and present Indictment against Sena-
tor Burton was returned. Demurrers to
this and plea in bar filed by Senator Bur-
toms attorneys were overruled by Judge
Van Devanter and the case ordered to trial
The salient point of difference between the
first and third indictments is that in the
former Senator Burton was charged with
receiving the alleged compensation in Wash
ington, ID. c., and one of the points on
which the Supreme Court reversed the con-
viction was that the st, Louis court did not
have jurisdiction, while the present ndict-
to accept and did accept compensation for
his influence in st. Louis.
When court convened this forenoon Sena-
tor Burton was present accompanied by
his attorneys, Frederick W. Lehman of ST
Louis, leading counsel for the defense; W.
III. Rossington Of Topeka, Kan, and w. H.
Hayes of Chicago The government is rep
resented by Col. d. 2. Dyer United States
district attorney, assisted by Charles H.
Robb, assistant to the Attorney General of
the United States. and Horace Dyer, assist
ant to the district attorney.
The Jury Selected.
After the selection of Is talesmen from
whom the jury was selected by the exer-
else of the peremptory challenges Mr.
Lehman objected to Judge Van Devan-
ter's apportionment of the challenges,
claiming the defense was entitled to more
than three on the ground that the punish
ment for the offense charged against Sena-
tor Burton makes the offense a felony.
Judge Van Devanter overruled Mr. Leh-
mann's claim. holding that the statute
under which the indictment was brought
expressly states the offense Is m.sde-
meanor, and as such the prosecution and
defense are only entitled TO three chal-
lenges each. Mr.. Lehman noted an OBJ
lection.
When the jury was sworn Judge Van De-
vanter supplemented the regulation oath
by pointing out In detail the duties of
Juror and the manner in which the testi-
mony in the case should be weighed in or
der to reach just verdict.
The Opening Statement.
Colonel Dyer, the district attorney, de-
liyered the opening statement of the gov
ernment's case He said the charge was
brought under section No. 1852 of the Re-
vised Statutes of the United States. which
states that no officer or employe of the
United States government may receive or
agree to receive any compensation for rep-
resenting any party or parties In any mat
ter before any department of the United
States government, in which the govern
ment is interested. The penalty for con-
viction is a term of not more than two
years in the penitentiary or fine of not
more than $4,000, or both, and that the
convicted person shall be forever debarred
from holding office under the United states
government.