The Birmingham age-herald., 1903-12-07
Former Assistant Attorney Gen. eraI Makes Pathetic Plea
SENDS ROOSEVELT LETTER
Says He Does Not Want Fair Trial But Bees That His Denial Go on Record With Other 
 Papers.

| whe was United States assistant attorney general for the postoffice department un- il deposed on account of matters con- nected with the postoffice investigation, 'las sent the following letter to President Roosevelt:
 '14n Kensaw avenue, N. w., Wash ington, December ?. 1903.
 "The President: Sir. In your official statement as president of the United States addressed to the American public, in connection with the report of Fourth Assistant Postmaster General Bristow, on the postal frauds, you make certain state- ments concerning my supposed connection herewith, which I take the liberty of an- swering in order that I may properly go upon your official records
 ''I do not desire to question your good faith or sincerity in accepting the con- clusion of your subordinate, Mr. Bristow, and in dignifying them with the weight of your high official position, but has it oc- cured to you that pending the trial of the three indictments against me, based on the allegations of the report, and without having heard one word from me in my defense, your premature and un- warranted announcement of my assumed guilt, and your call to the court and jury to endorse the same, is to say in the least extraordinary and dangerous?
 What He Asks.
 q am not even asking that should be presumed innocent or that before I am condemned by you or the department, l should be confronted by proof or wit nesses or given an opportunity to be heard in my defense; or that in the trial which confronts me, should have a fair trial all am asking is that in view of the uncertainty Of my life and the fact that my lips may at any moment be forevers sealed this letter be filed among your of ficial records of may case, together with my letter of July 27 1903, to MT. Bristow, copy of which l attach.
 T desire again specifically to deny ev- cry one of the yelled charges made by MT Bristow in his report and to call your attention to the fact that not one direct or specific charge is made against me in the conduct of my high office, nor has, nor can one cent of gain be traced to me. If my life is spared, l shall fully refute all the surmises and insinuatons of MT Bristow, and shall be able to show the reasons which led him to withhold from you full data, and to garble mis- quote and falsify that which he did sub init to you.
 T also desire to state that if any of the friends of Tyner have, as you al- lege advanced the theory that in this case the tSlief offender was my nephew. Barrett and that my alleged offenses were due to my failing mental and bod ilv powers, they did so without my knowledge or assent.
 Mental Powers Unimpaired.
 'It is true that. owing to two strokes of paralysis, my bodily powers have fail ed me, and l may have to lace a tnlrd and truer and sterner judge ere many days. but my mental powers thank God, have never suffered, and I trust will not fail me until have convinced the Amer ican people, and you as chief. executive that my acts have been honest, honor able and straightforward in the sight of Cod and man. I am confident that the relations of MT. Barrett with me and my department were as innocent and honor- able as l am sure were all my motives and acts.
 q also wish to deny your utterly un- warranted statement that the gross cor ruption in the case of Tyne- has gone on for number of years You should know and your subordinates do know that no single act of corruption, gross or mild. has been discovered against me, and the United States government. with it's forty inspectors and its chief in- ouisitor. MT. Brstow will be unable to 
 discover one.
 nI have tried for forty odd years of faithful service to my country to prove my zeal for faithfulness and honesty in inc public service. and now say to you, inc President of the United States, my chief accuser as if 1t were the last word shall ever utter. that in your well re- cognized and honorable zeal for the pub lie good you have allowed yourself to be deceived and imposed upon. and while l cannot hope for hearing at your hands, shall at least give myself the wretched solace of having denied these wrongs, and of having demanded that hearing which right and justice ought to accord me. Very respectfully
 JAMES N. TYNER."
 The Letter.
 The letter to MT. Bristow. which is re- ferred to in the letter to the President. is dated July 27. 1903 It is General Ty- ner's answer to an invitation from MT. Bristow to reply to certain points in- volved in the investigation submitted by Mir Bristow. General Tyner says that as A full reply to the warranted deduc- lions, in Mir Bristow's letter may assist him in a fair and honest investigation of the generals office, he will return an an- swer. at the same time calling attention to the fact that he has no access to the files of the department, but speaks only from his best recpllection. He then an- swers in great detail matters called to his attention by MT. Bristow and closed as follows
 "It certainly must be evident to you that your several specifications narrow themselves down to two propositions, and two only One that I made certain rul- ings as to which your judgment and mine differ The other. that I abused my posi- ton wilfully or unwilingly' to further the interests of my nephew by marriage, Mir H. J. Barrett. lawyer practicng his profession in Baltimore and Wash ington And I cannot believe that you even mean to insinuate that I showed him any of the alleged favors as the re- suit of corrupt bargain, or understand ing between us. There is absolutely no evidence either actual or crcumstantal to justify any suspicion of such corrup-