The Indianapolis journal., 1904-05-19
Tears STREAM DOWN THE
FACE OF JAMES N. TYNER
WHILE HE IS TESTIFYING

CONCLUDED FROM FIRST PAGE)
approach was like the glow of sunlight
after rain.
VIEW OF PUBLIC SERVICE.
Becoming a witness again, instead of an
aged and sobbing invalid. Mr. Tyner took
up the thread of his answer where he had
broken off and said: 1T is absurd, because
such a thing as that never came into my
mind. 1t is my view, which, perhaps, L
ought to be careful about stating, that the
dealing of a government department with
its citizens should be as pure as that of
Christians with each other. Why, such an
action as that suggested by your question,
necessary L should state in the presence of
my God that Mr.. Barrett never came TO me
with such proposition, and never went
to him. would have condemned it
promptly had he come to me, because /
had trained him through his life to act very
differently: Nothing could have induced
me to make such a proposition to him or
10 anyone else-much less TO him..
The first direct examination of the wit
ness on matters closely related TO charges
In the indictments was as to General Ty.
nerS reasons for selecting Mr.. Barrett to
write an opinion on bond investment cases
General Tyner said there were two or three
reasons. Among those he gave was that
an attempt had been made to get an opin-
ion from the Department OF Justice. but
the attorney general, Mr.. Griggs, was dis
inclined to take up more than one question
As the plans of the companies were radical
ly different General Tyner said such an
opinion would be of no aid in determining
the questions before the Postoffice Depart
ment General Iyner said that In conclu-
sion Mr.. GriggS had said laughingly: 1T
is your business 70 make your own rulings" I"
SUGGESTED BARRETT.
Failing TO get the cases passed on by the
attorney general, tho witness said he took
the matter up with the postmaster general,
and informed him that it would be neces-
sary to settle the question in the depart.
ment. General Tyner said he then sug-
gested Mr.. Barrett for the task, and that
the postmaster general concurred in the se-
lection. The witness asserted that Mr. Bar.
rett had charge of the bond investment
cases. and that, therefore, he was best
fitted for the work He said he wanted
to repeat the opinion to-day.
According TO General Tyner the question
of preparing a general opinion of bond in-
vestment cases came UP in June or July.
1900, and the question of the retirement of
Mr.. Barrett from the department was not
mentioned until October or November fol.
lowing, and that there could have been
no connection between the two occurrences
leaving the department" said General Ty-
ner; IT told him not to follow my example
and be a postoffice clerk all his life
In relation to the Barrett memorandum in
regard to the case of the Physicians Insti.
tute of Chicago, which was found in Gem
eral Tyner's desk after he left the depart.
ment. General Tyner said that il was an
order, or brief, such as a court often asks
attorneys in the case to make, and was
made after his decision in the case had
been announced General Tyner testified
in regard TO the good faith of all parties
to the test suit filed in Missouri.
At the conclusion of General Tyner's tes-
timony, Harrison j. Barrett, the other de-
fendant in the case, was put on the stand
His testimony was not fairly under way
Continuing his testimony at the after
noon session Mr.. Barrett went into the
procedures in the Office OF the Assistant
Attorney General for the Post Office De-
partment TO show the general practice in
regard TO the issuance of fraud orders
His testimony was of a character so tech
nical that IL could be understood only by
students of the bond investment COM
panys plans of business. He discussed
contracts, opinions handed down by vari-
Gus courts and matters on which actuaries
alone have definite information. Mr.. Bar
rett did not complete his testimony to-day
Former Secretary of State John w. Fos-
ter and r. Ross Parry. of this city, testi-
fed i'm relation to their long acquaintance
with General Tyner and 10 his excellent
reputation. Adjournment was taken until
tomorrow.