Show former president of fraud company confesses st louis mo nov 23 the got sprang a surprise in the trial of united states J it burton of kansas charged with ibeling the paid attorney for a corporation in matters pending before the department by introducing as a witness today charles H brooks former president of the company which was the predecessor of the rialto company and former president of the national securities company brooks testified that at a conference between senator burton R Y kastor and himself senator burton was introduced by kastor who aid the senator waa willing to represent the national securities company brooks said that he did not see how the senator could be of any use to him kastor replied continued the witness here Is the man pointing to burton who defeated your fight against major dennis president of the rialto company by preventing the issue of a fraud order by the postoffice post office department 1 I replied that in that case it might be well to employ senator burton as kastor assured me that all speculative companies in st louis were under investigation vesti gation and that might be made for me there was some general discussion between myself and senator burton as to the terms and other matters but no definite arrangement was reached the government also brought out the fact that brooka Is now awaiting the decision of tho court of appeals on his conviction on a charge of conducting a scheme to defraud in connection with the national securities company on crosb examination the defense at temp teil to show that the testimony of brooks was secured by certain promises of money made by the federal authorities ties brooks denied this the government then asked permission from judge coln traduce one absent witness upon hia arrival in the city and with this exception cep tion colonel dyer staled that the prosecution had completed its case the first witness bodny was hector C mcrae former comptroller of the rialto grain and securities company who testified that he was introduced to senator burton in the office of vice president mahaney of the rialto company on march 26 1903 and vas told iby mahaney that the senator had ton dered his resignation and his connection with the company witness said mahaney told him senator burton had been paid to date and that in view of the fact that there had been nothing doing for some time past and that everything had been cleaned up in the department that the senator felt he was not earning his fees mr mcrae also quoted the following statement which he testified senator burton made in his presence before leaving washington I 1 senator burton visited the department and there learned that there were no complaints against the biallo company thomas harlan former attorney for the rialto company was recalled and questioned by district attorney dyer regarding two letters written by burton to harlan and turned over to senator burton by harlan after the first indictment against the senator harlan testified that they were destroyed and in cross examination he testified that the contents of these letters were entirely personal and contained no mention of the rialto grain securities curi ties company attorney lehman objected claiming the defense bad the right to know the prosecutions entire caso before attempting to controvert it judge ruled that if the witness was on hand at the reconvening of court at 2 p m he could bo heard tout at that hour the defense should begin immediately upon the convening of court today after the noon recess attorney lehmann leading counsel for the defense questioned the jurisdiction of the court in regard to counts nos 1 2 C and 8 of the indictment which charge that an agreement was made to receive compensation within the limits of the eastern district of missouri and also asked that the other counts which charge that senator burton accepted compensation be dismissed |