The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-23
BAD FOR BURTON.
Charles II. Brooks Says Senator
Solicited His Business.
Witness Was President of Nation
al Securities Company.
THEY TALKED IT OVER.
Was introduced to Burton by
.R. FL. KastOr.
Talked About Terms But Didn't
Close Deal.
Government Completes Its Case
This Afternoon.
THEY TALKED IT OVER

st. Louis. Nov. 23.-The government
sprang a surprise in the trial Of United
States Senator j. r. Burton of Kansas,
charged with being the paid attorney
for a corporation in matters pending
before the postOhice department, by in
Producing as witness today Chas. II.
Brooks, former president of the COM
Danv. which was the predecessor or
the RiaIto company and former presi-
dent of the National Securities com
pany-
Brooks testified that a conference
between Senator Burton, r. H. kas-
tor and himself. Senator Burton was
introduced by Kastor, who said the
senator was willing to represent the
National Securities company. BROOKS
said that he did not see how the sena-
tor could be of any use to him.
"Kastor replied continued the wit
ness. Here is the man. pointing TO
Burton. who defeated your fight
AGAINST Major Dennis. president of the
Rialto company. by preventing the is
sue of a fraud order by the postoInce
department.
II 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 De
made for me.
There was some general discussion
between myself and Senator Burton as
to terms and other matters, but no
definite arrangements were reached"
The government also brought OUT
the fact that Brooks is now awaiting
on
his conviction on a charge of con-
ducting a scheme to defraud in con-
nection with the National Securities
company.
Not Promised Immunity.
ON crOss-examinatfon the defense
attempted to show that the testimony
of Brooks was secured by certain
promises of immunity made by the
federal authorities. Brooks denied
this.
The government then asked permis-
sion from Judge Vandeventer to in
trOduce one absent witness upon his
arrival in the city, and with this ex-
ceptiOn Colonel Dyer announced that
the prosecution had completed its
case.
Attorney Lehman objected claim
ing the defense had the right to know
the prosecutions entire case before
attempting to cOntrOvert it.
Judge Vandeventer ruled that if the
witness was on hand at the recon
heard, but at that hour the defense
should begin.
Few witnesses have been sum
mOned by the defense. While no an
nouncement to that effect has been
made 1t is presumed that Senator
Burton viii be the principal witness
in his own behalf. AT MS previous
trial the government dismissed the
senator without Oss-examination
but District Attorney Dyer has stated
that if the senator is paced upon the
witness stand at this trial that the gov
erume7t viii have several questions to
ask when the defense is through with
the witness.
When Burton ''Resigned."
The first witness today was Hector
c. McRae, former comptroller of the
E,ialtO Grain and Securities company
who testified that he was introduced
TO Senator Burton in the office of Vice
president Mahaney of the Rialto com
pany on March 26, 1903, and was told
ny Mahaney that the senator had.
tendered ms resignation ana severed
MS connection with the company
Witness said Mahaney told him sem
ator Burton had been paid to date and
that in view of the fact that there had
been nothing doing for some time Dasf
ana that everything had been cleaned
up IN the postoffice department. that the
senator felt he was not earning his
f~=s.
Ar. McRea also quoted the following
9tatement which he testified Senator
Burton made in his presence:
Before leaving Washington I (Sen-
ator BurtOn) visited the DEPARTMENT and
tneEe learned that there were no com
paints against the Rfalto company"
Anomas B. Harlan, former attorney
1cf the Ralto company, was recalled
ana questioned by District Attorney
oyer regarding two letters written bv
EurIcn TO Harlan and turned over to
senator Burton by Harlan after the
4lst indictment against the senator.
Harlan testified that they were de-
StfoYeQ and in rOss-exan1ination he
testified that the contents of these 1et
sSEs were entirely personal and con
gained no mention of the RiaIto Grain 8
Securities company
Ask Court to Dismiss.
Immediately upon the reconvenine
of court today after the noon recegs7
Attorney Lehman. leading counsel fc,,
the defense. questioned the iurisdicti05
OF Lne court in regard to counts No
= ana of the Indictment which,
cnarge that an agreement was made
70 receive compensation within the
iliutts OF the eastern district of Mis-
sour and also asked that the o+6er
counts winch charge that Senator BUr-
ron accepted compensation be dis
missed.
DISPOSE OF BURTON TRIAL, SOON
Witnesses Held to Be Used Again if
jury Disagrees