The Montgomery advertiser., 1903-12-06
TIMER FILES ANSWER
DEMU kA.As14S OF ASSISTAN A AT
 TORNEx GENEA---L.
Declare There is no Law to Cover, Alleged Lisconauct-Friends
 Fear He Will Not AlYA.

Washington. Dec. 5.-(Special. )-Demur- rers were filed this afternoon in the Supreme Court of the District of Colum- bia- by A. s. Worthington. of Washing ton. and Grain and Hershey. of Balti- more. attorneys for former Assistant At torney General Tyner in the conspiracy indictment pending aganst Governor Tyner and Harrison J. Barrett of Bolti- more. Under the rules of the court argu- ments on the demurrers will be heard next Friday.
 The demnrrers set forth that the in- dictments are defective in that while the indictment seems to have been intended to charge the crime of conspiracy to conn- init the offense of bribing an officer of the United sstates 1t does not set forth the purpose of the defendant to do any acts which amount to bribery; that while the indictment charges conspiracy to defraud the United States 1t does not appear how the alleged conspiracy could operate to defraud the United States" that "there is no such offense known to the laws of the United States as misconduct"
 The demurrers also set forth that the only specified charge made against the defendant is a mere conclusion of law; that the facts averred, If true, do not constitute 8 violation of any law; that the defendants are not given such a
 
 them as will enable them to make their defense, or vail themselves of a convic- ton or acquittal against a. further prose- cution for the same cause, nor is the court sufficiently informed as to enable it to describe whether the facts alleged are sufficient in law to support convic- tion if one should be had. The defen- dants further claim that the indictment is in other respects uncertain and insufi- cient.
 While General Tyner's attorneys are confident that the indictments are :n- valid, they do not care at this time, to indicate their line of defense of their case, but it is stated, on good authority that they will insist that the charges are en- tirely of circumstantial character in that the only specific charge of wrong doing made against General Tyner is that in several cases he refrained from taking the action that Fourth Assistant Post master General Bristow thinks he should have taken, in order that his nephew's law business might profit thereby.
 Not only do General Tyner's friends say that he will never be convicted on the charges made, but they express their opinion that the Postoffice Department has not at any time expected to bring the case to trial and that the indictments were secured merely for the purpose of blackening the reputation of a man hith- erto honored in the community. It is pointed out that no definite charge against General Tyner Is contained in any of the indictments or in the Bristow report, and it is not even charged that he in any way profited financially by any of the alleged wrongful acts which he is charged with committing. It is said that aftel forty years of Government service, Gen. eral Tyner has not sufficient funds tc conduct his defense, but is dependent up. on the assistance of his friends.
 To those who have stood by him Gen eral Tyner says that he will show tha- Mir. Bristows report is based on garblet statements: that important evidence has been suppressed and falsified in order tr impose upon President Roosevelt and the public; that if he can leave his bed tC which he has been confined almost con. tinuously since the indictments wer, | rendered, despite his advanced years. h, vii go into court and face his accuser, 1 if 1t costs him his life.
 General Tyners friends are of the onIn ion that the Postoffice Department ofn cials are correct in their presumption that he will never be abl etc face a jury and they fear that he may die without being given an opportunity to clear hi, reputation. R. H. Watkins.