Los Angeles herald., 1905-01-17
BURTON GRANTED
ANOTHER TRIAL
VERDICT REVERSED BY U. S.
SUPREMs COURT
Resolution Asking Senator to Resign
is introduced 4, Both Houses
Of 4Fe ksLsss Leels-
Iature
BY Associated Pre- ss.

| BY Associated Press.
WASHINGTON, Jan. 16.-The case ol
Senator j. II. Burton was decided by
the United states supreme court to-
day dismissing the writ of certiorar
to the circuit court of appeals for tht
Eighth circuit and reversing the verdict
of the district court for the eastern dis.
trict of Missouri, on the ground that
the payments to Burton were made ii
Washington. The district court was
therefore reversed and the case re.
manded for new trial.
The opinion was handed down by
Justice Peckham who took up the va
rious counts and recited the conclu-
sions. as well as the divisions Of the
court as follows:
First-The question of the construc-
ton of the statute upon which this in
dictment was framed was the first to
arise. Upon that question a majority
of the court (Messrs. Justices Harlan
Brown, McKenna, Holmes and Day
concurring) are of the opinion that the
facts alleged in the indictment show
a case that is covered by the provisions
of the statute, while the chief justice
Mr.. Justice Brewer, Mr.. Justice White
and the writer of this opinion dissent
from that view, and are of the opinion
that the statute does not cover the case
as alleged in the Indictment.
Second-Assuming that the statute
applies to the facts stated in the indict-
ment, further question arises upon
the general merits of the case, whether
there was sufficient evidence of guilt
to be submitted to the jury, ard ma
jority of the court Ghe same justices
ccncurring), are Of the opinion that
there was, or are rot prepared TO say
there was not, and the same minority
dissent from that view and are of the
opinion that there was no evidence
whatever upon which to found YER
dict of conviction.
As to the sixth, seventh, eighth and
ninth counts of the indictment the
court finds that the averments con
cerning where the defendants checks
were received and paid were not true
The checks were received in Washing
ton, indorsed by Senator Burton and
deposited III the Riggs National bank
of this city. This constituted pay
ment in Washington and not in st.
.oilis, where the che2ks We're afterwaEd
paid by the Commonwealth Trust COM
parry, and the decision states that ''thc
court in Missouri had no jurisdiction
to try the offenses set forth in these
fcrred to-" There was no question that
such was the fact and it was error to
sdbmit the matter to t"9 jury to finl
some other fact not supported by any
evidence.
The court also found error in the re-
fusal of the district court to charge as
required when the jury came into
court and announced its inability to
agree. The failure to charge as re-
quired was becaused the presiding
judge considered the points were OBJ
structions of law, but 1t afterward ap-
peared that the points had bearing
upon the jurys consideration of the
case.
Justice Peckham also took occasion
to comment upon the fact that when
the jury came in with a disagreement
the judge asked how the jury stood
saying that the practice was one which
should not be encouraged.
Justice Harlan dissented from the
opinion on both points on which the
lower court was reversed.
"It seems to me-" he stated, that in
reversing the Judgment upon the
grounds stated in the opinion, the
court has sacrificed substance to mere
form"
The trial under tn; Indictment charg-
ing Senator Burton with receiving a
cash payment at st. Louis VIII proceed
Immediately at that place. The de-
partment of justice has not yet con-
sidered the question of the trial place
of the indictment alleging payments in
this city. 1t Is possible the statute of
Limitation may operate against it.
May Be Asked to Resign