The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-17
TYSON AND JONES ARE ONE.
DISTRICT ATTORNEYS CONTENTION
OF THEIR IDENTITY.

Night Session of the Federal District
Court Brought Interesting DeveI-
Observation-Disclosures Attorney Offers
Evidence to show That w. l..
Jones, One of the Alleged Conspir-
ators who Has Never Been Arrest
ed. Is Identical, Actually or Vir-
tuaIIy, with ID. 4. TysOn-The Evil
dence Is Admitted-It shows Up
Tyson in a Bad Light-Case we'll
Extend Far Into Next Week.
The web of guilt is slowly enmeshing
D. A Tyson and some of the men now
on trial with him in the federal District
Court. With the introduction of each
days evidence the existence of d gigantic
scheme to defraud becomes more and
more palpable and the guilt of certain
of the defendants more and more certain.
Yesterday was distinguished above the
preceding days of the trial by tine holding
of night session and the night session
developed events of more than passing
significance, interest and Importance.
Chief and foremost among these was the
direct charge Of the district attorney. con-
ned in the past to vague hints and per-
mitted differences, that Daniel a. Tyson
ana William L. Jones are one and the
same person. or at any rate that Jones,
cohcedng his actual identity, merely lent
his name to Tyson and served as blind
for that ingenious and enterpFising indi-
vidual's traffic in the property OF others.
The session of the court in the morning
was marked by no exciting incidents and
passed. like previous sessions. in the ex-
animation of witnesses who detailed to-
court and jury the manner in which they
had been swinded. A small trial order,
payment for this shipment. a second and
much larger order. and no payment, no
attention TO drafts, no response to let
tcrs-this would be a fair synopsis of the
testimony given by every one of the wit
nesses.
All the morning session Judge Speer an
nounced that he would try the experiment
of a night session, and to this end direct
ed counsel jurors, Witnesses and prison
ers TO come, or be brought, to the court
room promptly at $50 O'clock. At that
hour the spacious and beautiful room was
filled with Interested spectators, among
them a number of the fairer and gentler
sex. These latter followed the trial with
even closer attention than was bestowed
upon Il by their masculine companions.
1t was during the examination of Frank
L. Rapp, representing the North Electric
Company, of Cleveland, o., that District
Attorney Erwin made the first positive
announcement of his contention as to the
actual or virtual identity of Jones with
Tyson. The announcement sprang from
objection made by counsel for the defend
ants TO the introduction of letter writ
ten by Jones, or purporting to be written
by him, on Feb. 3, and mailed on March
5, just one week before the trial of Ty-
son and his co-defendants began In ex-
! planning his position in the matter Mr.
Erwin said:
Il offer this letter in evidence. If your
| honor please. for the purpose of showing
| the identity of Jones with one of the
| defendants now on trial-with Daniel A.
Tyson 1t has been given in evidence that.
| though this Indictment was found in last
| December and though since that time dill
| igent efforts have been made by deputy
marshals to find the man Jones' in all of
the towns in which he is variously said
| to have had his abiding place, he has
never been found or arrested Certainly of
| late he has never been heard of or seen"
Yet, if your honor please, here is let
| ter purporting to have been written by
him, ordering supplies for an enterprise in
which he is not shown to have had any
! interest and in which it has been shown
before this trial was begun | submit
| that 1t is relevant and material"
Judge TWiggs fought the Introduction of
! the letter bitterly. Counsel had sat quietly
| in their places, said the Judge and permit
| ted the Introduction of evidence that they
| thought illegal, merely because they were
| of opinion that 1t was so totally irrelevant
| that its Introduction could or would make
| but little difference. But this" said
Judge Twiggs, referring 10 the offer in evil
! dence of the letter to which he objected
! lis carrying the thing too far. 1t is car
dinal principle of law that testimony le-
lating TO matters happening after an In
dictment has been found is not admissible.
! To excuse his attempt to introduce evil
dence that palpably violates this rule, the
/ district attorney states that he does Il
show the alleged identity of Jones ami
| Tyson Hundreds of letters from Jones. or
/ purporting to be signed by him, have been
read to the jury In the last few days.
| These bear dates prior to the indictment
and cannot see that letter written after
| the finding of the Indictment can bear up
on the question of identity with any great
! er force than these others"
What possible bearing upon the fact
the district attorney says he is seeking to
establish a letter signed w. l.. Jo.Rs,
without identification, without proof Of
| signature. without any connection shown
! with any individual, can have upon the
! question Wnetnef tyson anu Jones are or
are not the same person is beyond my
| comprehe nsiOn."
Judge Speer decided that the letter was
admissible THE contents OF the letter
| show" said the court, that its writer,
ostensibly an ordinary countryman, pos
scssed a considerable technical acquaiht-
auce with electrical instruments. It
speaks of the Establishment of an enter
| prise by the writer. the very nature Of
which would almost certainly cause his
arrest by the vigilant officers of the law
| who have bsen striving to capture him-a
| public telephone line, to extend over miles
! of territory 1t was written during a time
! when nothing coud he heard of Jones or
/ his Whereabouts ard mailed in one of the
| towns in which the alleged conspirators
! live In connection with other circuml
stances in the case | think the letter is
! admissible" The letter requested the ship.
ment Of two telephone instruments and
/ quantity of supplies for a telephone line.
/ Another damaging piece Of evIdonco