The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-07-01
DEFENSE GIVES
OUT STATEMENT.
Senator Burton Will Not Ask for
Pardon if Finally Con-
viCted.
ASSERTS HIS INNOCENCE
RECENT STORIES MANlFEsTLY
PREMATURE.
ASSERTS HIS INNOCENCE

Topeka, June 30.--Bailie P. Waggen,
or. one of the attorneys for ex-United
States Senator Joseph r. Burton, was
in Topeka today and gave out a signed
statement, denying, on behalf of Sena.
tor Burton, any desire to secure an
executive pardon In case of his final
conviction by the United States SUI
preme court. The statement in full is
as follows:
Recently there has appeared In the
public press at Washington. a dispatch
saying that an effort will made TO
obtain a pardon for Senator Burton
and saying further that some of his
ex-colleagues 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 influ-
entail 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 mo-
ton for rehearing now pending be-
fore the supreme court, at that part
of the sentence, relating to imprison-
ment. will be set aside
Case Not Abandoned.
1.-The purport of the entire dispatch
is that Burton and his attorneys have
practically abandoned his case or are
ready to abandon It, if any assurance
can be had that a pardon can be OBJ
tanned. This movement may have orig
mated with the ex-senator's friends,
and ii may be in good faith, but II
certainly is not in his interest, nor
does IL treat the supreme court with
proper respect. This case is still pend
ing before that august tribunal on an
application for a rehearing and, with
out discussing either the law or the
facts in the case, 1T is not out of the
way to call attention to the divided
court and that many new and unde-
termined 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 disrespect-
full to the court, while the case is pend
ing in any of its stages. But since
this alleged effort for a pardon has
been given such wide publicity and, we
fear, has not emanated from his
friends, we say as his attorneys. his
friends and citizens of this great state
that If the case is finally decided
against him, our advice would be that
he would wrong himself and the state
that has honored him, if he should
apply for a pardon.
Will Not Ask Pardon.
"And we are authorized to say for
him that neither now nor at any time
will he ask for pardon. And speaking
for him, we ask all friends to be guided
by his wishes as above expressed. Elk
Senator Burton and his attorneys,
from the commencement of the case
have remained silent respecting the
many false and malicious publications
which have appeared against him. This
would have been treated in the same
way but for the fact that it may have
been maze in good faith and out of a
spirit of mistaken friendship. This is
a case for the courts, to be finally adj
Indicated by the courts and our client
will rest his case there and will obey
their mandates, whatever it may be.
And while he will contend to the last
for his honor and his good name, as
serting his innocence always, if the
final decree is against him. he will
not turn to the executive for pardon
for a crime ne never committed.
(Signed) ''B. P. WAGGENER."
wv. P. HACKNEY"