Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-29
BURTON SENTENCED
Six Months in Jail and Fine
of $4,000.
WAS RELEASED ON BOND
FURNISHED BY r. C. KERENS IN
THE SUM OF $4,000.
Pending Appeal to Supreme Court-De-
barred From Ever Holding Office
in This Country.

The sentence imposed on United States
Senator Burton at st. Louis today is six
months in Iron county jail and 81 500 fine.
ST. LOUIS Mo-, November 29.-United
States Senator Joseph Ralph Burton OF
Kansas was today sentenced in the United
States circuit court to serve six months
in the Iron county jail, Ironton, Mo-, and
to pay fine of $500 as the penalty for
conviction on the Indictment charging that
he had acted in the capacity of paid at
torney in behalf of the Rialto Grain and
Securities Company of st. Louis. before
the Post Office Department to prevent the
issuance of a fraud order. He was re-
leased on bond in the sum of 5000 with r.
c. Kerens as surety, pending an appeal TO
the supreme court. Execution of sentence
was stayed pending appeal
After a trial which continued throughout
last week, Senator Burton was found guilty
early last Sunday morning on six counts
OF the indictment, four of which charged
that he agreed to receive compensation for
his services as an attorney before the Post
Office Department in behalf of the Rialto
Company, and two charging that he re-
ceived such compensation.
Status of Sentence.
Judge Van de vanter imposed sentence of
Imprisonment on one count in each of
these two divisions, making the terms con-
current and, in addition, assessed q fine
on but one Of the counts. As provided in
statute 1TS2. which Senator Burton was
convicted of having violated, Judge Van de
Vanter imposed the additional penalty de-
barring Senator Burton forever from hold
ing any office OF honor, trust or profit I'M
der the United States government.
The sentence imposed in the previous trial
and conviction of Senator Barton before
Judge Adams was six months in the Iron
county jail and to pay a fine of 5000. On
appeal the verdict was reversed by the
L mted States Supreme Court.
ST LOUIS. Mo-. November 29-when
court convened today the attorneys for
Senator Burton secured an additional two
hours In which to complete their petition
for writ OF error upon which to base the
appeal to the United States Supreme Court.
The apptca ton for new trial was over
ruled by Judge Van de Vanter Immediately
upon the reconvening of court. A motion In
arrest of Judgment was also overruled. and
United States Attorney Dyer then moved
that sentence be pronounced.
Judge Van de Vanter ordered the defend
ant to stand up. Senator Burton arose,
but remained standing by the side of the
table occupied by his counsel, and did not
approach directly in front of the bar as is
customary. Judge Van de vanter said:
You have been present during the prog
ress of this trial and have heard the YER
dict rendered by the Jury. Have you any
thing to say?"
Burton Said Nothing.
Senator Burton, standing pale and mo-
tionless. with his eyes fixed unwaveringly
upon the court, replied: Nothing
Judge Van de Venter then pronounced
the formal sentence. He said that the pen
atty of Imprisonment for six months and
the fine of $500 was imposed on count six,
which charged him with having agreed to
accept compensation, and sentence of six
months Imprisonment alone was imposed on
count SEVEN charging that he received COM
pensation
In regard to counts one, two and eight,
Judge Van de Vanter said that as they in
vOlved the same transaction as count six,
no separate Judgment was imposed ard
that as count three was the same as count
seven no separate judgment was Iinp)
on that count. Counts four and five were
quashed before the trial began.
Petition Submitted.
After Senator Burton had been commit
ted to the care of the marshal, Attorney
Lehman submitted his petition for a writ
of error, which was allowed. Mr.. Lehman
then asked that the writ of error upon the
acceptance by the court of proper bond
should operate as stay of execution of
sentence.
This was allowed by the court, who an
nounced that the bond for $1,000 offered by
Senator Burton as principal and r. c. Ker-
ems of st. Louis as surety, was approved.
Senator Burton Immediately left the fed
eral building after refusing to make any
statement for publication, saying that it
was upon the advice of his counsel that he
refused the request.