Los Angeles herald., 1905-11-24
POINT SCORED
AGAINST BURTON
JUDGE 0VERRULES MOTION TO
DISMISS INDICTMENTS
Surprise Sprung by Government In In.
Producing as a Witness Charles n.
Brooks, Former President of
the Securities Company
Rv Associated Press.

ST. LOUIS, Nov. 2s-In a lengthy
extempore opinion United States Cir
cult Judge Willis Vandevanter over
ruled a motion to dismiss all the counts
In the Indictment against United states
Senator j. Ralph Burton charged with
having agreed to accept, and having
accepted, compensation to act as an
attorney for the Rlalto Grain & Sc
curities company before the postofflce
department at Washington was filed
by the defense Immediately following
the close of the governments case.
The government sprang a surprise
today by introducing as a witness
Charles II. Brooks, former president of
the company, which was the predeces-
sor of the Rialto company, and former
president of the National Securities
company.
Brooks testified that at a conference
between Senator Burton, r. Y Kastor
and himself, Senator Burton was in
troduced by Kastor. who said the sem
ator was willing to represent the Ma
tional Securities company. Brooks
said that he did not see how the sem
ator could be of any use to him.
''Kastor replied" continued the wilt
ness, :" here is the man., pointing to
Burton, who defeated your fight
against Maj. Dennis, president of the
Rialto company, by preventing the is
suance of a fraud order by the post
office department.
Favored Employment of Burton
"I replied that in that case it might
be well to employ Senator Burton, as
Kastor assured me that all speculative
companies in st. Louis were under in
vestigation, and that trouble might be
made for me.
There was some general discussion
between myself and Senator Burton as
to the terms and other matters, but
no definite arrangement was reached"
The government also brought out the
fact that Brooks is now awaiting
decision of the court of appeals on his
conviction on charge of conducting
a scheme to defraud in connection with
the National Securities company
On cross examination the defense at
tempted to show that the testimony Of
Brooks was secured by certain prom
ises of money made by the federal
authorities Brooks denied this. The
government then asked permission
from Judge Vandevanter to introduce
one absent witness upon his arrival in
the city, and with this exception Col.
Dyer announced that the prosecution
had completed its case.
Attorney Lehman OBJECTED, claiming
the defense had the right to know the
prosecutions entire case before at
tempting to controvert it.
Judge Vandevanter ruled that If the
witness was on hand at the reconven-
ing of court at 2 p. m. he could be
heard, but at that hour the defense
should begin.
Immediately upon the reconvening of
court today after the noon recess, At
torney Lehman, leading counsel for
the defense, questioned the jurisdiction
of the court in regard to counts Nos.
/, g. 6 and OF the Indictment which
charge that an agreement was made
to receive compensation within the
limits of the eastern district of Mis-
souri, and also asked that the other
counts which charge that Senator Bur-
ton accepted compensation be dis
missed.
When Attorney Lehman had con-
cluded, Assistant United States Attor-
ney General Robb started to reply to
the arguments advanced, but Judge
Vandevanter interviewed by saying:
I'm the light of my understanding
of the case, | do not think it necessary
for you to reply"
Judge Vandevanter then entered into
an extended oral opinion concerning
the motion to quash the counts in the
indictment and oVerruled it.