The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-27
STAY FOR BURTON
win Not Be Sentenced Until
Wednesday.
Attorney Asks for Time to Pre-
pare Papers.
ASK FOR NEW TRIAL.
This Is Preliminary to Appeal
of Case.
Judge Says He viii Sentence
on Two Counts.
ASK FOR NEW TRIAL.
Hasn't Decided If 1t viii Be
Fine and Imprisonment.

St. Louis, Nov. 27.=On motion by
counsel by the defense Judge Van De-
vanter in the United States circuit
court this afternoon postponed the
passing of sentence upon United States
Senator Burton of Kansas, convicted
early yesterday morning of having act
ed as the paid attorney of the Rialto
Grain & Securities company. before
the postoff1ce department until next
Wednesday morning when the defense
will present its reasons for asking
new trial
In presenting his motion for a new
trial Attorney Lehman asked that the
court would not give the matter i'm
mediate consideration. He said that
the purely mechanical labor of pre-
pairing the record of the trial, an alb
solute essential to the preparation of a
bill of error, would not be completed
for a day or so and asked that the de-
fense be given week to present its
reasons for a rehearing of the case.
Judge Van Devanter replied that it
would be impossible for him to remain
in st. Louis later than Wednesday
night, but that if counsel thought the
transcript and bill of error could be
completed within that time he would
postpone the passing of sentence.
The court then suggested to Attor-
ney Lehman that the record Of the
case which will be filed In the appellate
court in the event a new trial is de-
MED, be as brief as possible, eliminat-
lng all reasons given by him in over
ruling motions by the defense and all
arguments by counsel for both sides.
confning it strictly to the facts that an
obJecuon had been made, that it had
been overruled and that an exception
had been allowed.
Judge Van Devanter said that it
might be OF some assistance to the
defense to know that in passing sem
tence he would impose q penalty Ipon
one of the counts charging Burton
with agreeing to receive COMPENSATE
and upon one of the counts charging
that Burton received compensaf fion.
The court said that the terms of i'm
prisonment would be concurrent be-
ginning and ending at the same time.
Judge Van Devanter said that Wheth-
er or not he would impose a fine was
consideration.
Attorney Lehman gave notice that
he would file a motion in arrest. of
judgment. In the event that sentence
is passed the attorneys for the de-
tense viii then file a motion asking a
stay of execution, pending the decision
by the court of appeals.
Senator Burton seemed in excep-
ionally good spirits There was color
in his cheeks and for the first time
since the trial began last Monday he
voluntarily talked with the newspaper
men reporting the proceedings. Be
fore court opened he walked up to the
table where they were sitting and ex-
changed several remarks upon gem
eraI topics.
Form of the Verdict.
The form Of the verdict which the
jury returned was as follows:
I'VE, the jury, find that on the first
count the defendant is guilty.
I'VE, the jury find that on the second
count the defendant Is guilty.
I'VE, the jury find that on the third
count the defendant is guilty.
I'VE, the jury. find that on the sixth
count the defendant is guilty.
I'VE. the jury, find that on the sew
enth count the defendant is guilty.
I'VE, the jury, find that on the eighth
count the defendant is guilty.
These were all the counts in the orig
inal indictment except four and five,
which were dismissed by the govern
ment's attorneys. When the verdict had
/ been read and each of the jurors had
responded that it was their verdict
| Judge Van Devanter thanked them for
their careful attention to the very i'm
| portant case.
Die in the Last Ditch.
The indications are that Burton will
| again go before the United States
court or Appeals ana ask TO have the
verdict set aside. W. Knox Haynes,
! one of Burton's attorneys, said:
eff we are compelled to die, we ex-
! pect to do so in the last ditch, and we
/ certainly contemplate making an ap-
peal. We have no complaint to make
/ against the instructions of Judge Van
/ Devanter, but we do not agree with all
of his rulings. However, We are not
claiming that he was not correct
/ Senator Burton, while he still is a
United States senator, will not take his
/ seat in congress. don't believe this
would be proper nor dignihed, and
Senator Burton does not think so
either
THE LANE SUCCESSION.