The Topeka state journal., 1906-06-30
NOT FOR APARDON
]
Ex-senator Burton Respectfully
Declines Concession.
Attorneys Waggener and Hack
ney Issue Statement.
WAIT FOR THE COURT.
Then He Will Abide by the
Decision.
Has Committed No CrimeAsserts
Lawyers.
Would Wrong HimseIfand State
to Accept Pardon.
WAIT FOR THE COURT.

Ex-senator J. r. Burton will not ap
ply to President Roosevelt for a pardon,
in case the supreme court refuses to
grant him a rehearing. Nor will sena-
tor Burton accept a pardon if it is
rendered him.
This is the substance of q statement
given out today by Bale P. Waggener
of Atchison, one of Burton's attorneys.
The statement is signed by Mr.. Wag-
gener and by W. P. Hackney. of Win
field, another of Burton's corps of at
torneys.
It is evident that Burton has decided
in case he is finally convicted, that he
can best commence the reconstruction
of his shattered reputation by an APP
peal to the sympathy of the people
through his Incarceration in prison.
The statement given out by Mr.. Wag-
gener is as follows:
Topeka, Kan, June 49, 1906.
Recently there has appeared in the
public press at Washington dispatch,
saying that, An effort VIII be made OF
obtain a pardon for Senator Burton,
and saying further that, Some of his
ex-coleagues have quietly discussed
the adVisability of asking President
Roosevelt to set aside the sentence,
also, members Of the Kansas delega-
ton have received letters from inhuen-
tial politicians and others in Kansas,
asking them to use their influence to
have the sentence set aside, and still
further the dispatch says: It has been
suggested that possibly an understand
ing with the president may be reached,
by which Burton will withdraw his
motion for rehearing. now pending
before the supreme court, and that part
of the sentence relating to imprison-
ment will be set aside.
1.-The purport of the entire dispatch
So S14c y
practically abandoned his case, or are
ready to abandon it, if any assurance
can be had that pardon can be OBJ
tanned This movement have originated
by the ex-senators' friends, and ii may
be IN good faith but it certainly is
not in his interests, nor does it treat
the supreme court with proper respect.
This case IS still pending before that
august tribunal, on an application or
a rehearing, and without discussing
either the law or the facts, or the opin-
ion or dissenting opinion fled in the
case, it is not out of the way to call
attention to the divided court and that
many new and undetermined questions
are raised in the case.
Having great faith in the justice of
our cause we say we hope and expect
to win the case. Talk of a pardon is
premature if not disrespectiful to the
court, while a cause is pending in any
of its stages. But since this alleged
effort for pardon has been given such
wide publicity, and we fear has not
emanated from his friends, we say as
his attorneys, his friends and as citi-
zens of this great state that il the case
is finally decided against him, our ad-
vice would be, that he would wrong
himself and the state that has hon
ored him If he should apply for a
pardon.
And We are authorized to say for
him, that neither now nor at any time
will he ask for a pardon. And speak
ing for him we ask all friends to be
guided by his wishes as above ex-
pressed. Ex-senator Burton and his
attorneys, from the commencement of
the case, have remained silent respect
ing the many false and malicious pub
lications that have appeared against
him. This would have been treated in
the same way but for the fact that it
may have been made in good faith and
out Of a spirit of mistaken friendship.
''This is a case for the courts, to be
finally adjudicated by the courts and
out client Will rest his cause there, and
viii obey their mandate whatever it
may be. And while he viii contend
to the last for his honor and good
name asserting his innocence always,
If the final decree is against him, he
will not turn to the executive for par
don for a crime that he never COM
mitted
"B. P. WAGGENER.
Nv. P. HACKNEY