Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-12-01
SENATOR IS
SENTENCED
Burton, Of Kansas, Given Six Months
in County Jail and Also Fined
$2,5oO.
is HIS SECOND CONVICTION
Motion for Rehearina is Denied
Courts Remarks in Passing
Sentence,

ot. LOUIS, NOV. 29.-Un1ted States
Senator Joseph Ralph Burton, of Kan.
sas, was today sentenced in the Unit
ed States circuit court to serve six
months in the Iron county Jail, Iron
ton, Mo-, and to pay fine of $2,5OO
as the penalty for conviction on the
indictment charging that he had acted
in the capacity of paid attorney in
behalf Of the Rialto Grain & Securi-
ties company of st. Louis before the
postoffice department to prevent the
issuance of fraud order. Senator
Burton was found guilty on six counts
of the Indictment, four of which charg-
ed that he agreed to receive compen-
sation for his service as an attorney
before the postoffice department in
behalf of the Rialto company and two
charging that he received such COM
pensation.
When court convened today the at
toneys for Senator Burton secured an
additional two hours in which to COM
rlete their petition for a writ of error,
upon which to base an appeal to the
United states supreme court.
New Trial Refused.
The application for new trial was
overruled by Judge Willis VonDevan-
ter Immediately upon recOnvening Of
court. A motion in arrest of Judgment
was also overruled and United States
District Attorney Dyer then moved
that sentence be pronounced.
Judge VanDevanter ordered the de-
rland to stand. 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
Devanter said:
You have been present during the
progress Of the trial and have heard
the verdict rendered by the jury. Have
YOU anything to say?'
Senator Burton, standing pale and
motionless, with his eyes fixed un-
waveringly upon the court, replied.
| Nothing"
| The Courts Sentence,
Judge VanDevanter then pronounc-
en- the formal sentence. He said that
the penalty of imprisonment for six
months and the fine of $2,50O was i'm.
posed on count six, which charged him
with having agreed to accept compen-
sation, and sentence of six months i'm
prisonment alone was imposed on
count seven. charging that he receiv-
ed compensation. In regard to counts
one, two and eight Judge VanDevan-
ter said that as they involved the same
! transaction as count six no separate
Judgment was imposed on that count.
| Counts four and five were quashed be-
fore the trial began. AS provided in
statute 1882, which Senator Burton
vas convicted Of having violated,
Judge VanDevanter imposed the addi-
tional penalty debarring Senator Bur.
ton forever from holding any office
OF honor. trust or profit under the
United States government
After Senator Burton had been COM
Ditted to the care of the marshal, At
torncy Lehman submitted his petit
ton for writ of error, which was al
lowed. Mr.. Lehman then asked that
the writ of error upon the acceptance
by the court of proper bond would
operate as stay of execution and
sentence. This was allowed by the
court who announced that the bond
for $4,000 offered by Senator Burton
as principal and r. C. Kerens of St.
Louis as surety would be approved.