The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-11
Complains That Counsel
Waste Time Reading
Letters.
THE CASE MOVES SLOWLY
A Non-Committal Witness
Takes Up Morning
Hours.

The slow progress of the Tyner- Bar
rett conspiracy trial, in Criminal Court
No. l. today called forth some vigorous
comments from Judge Pritchard. On
several previous days the court has en-
joined upon counsel for the opposing
sides the necessity of keeping to the
| important facts in the case, and not
wandering into devious legal by-paths.
He was obliged to revert to the same
subject again today.
The conduct of the trial seemed un-
usually slow this morning, and q
realization of this fact appeared to have
found lOdgment in the minds OF judge
jury. and spectators alike
Court Wants Progress.
This matter viii be simply inter-
Iainable. If we go on this way" finally
declared Judge Pritchard. after nearly
an hour had been spent in reading let
ters which seemed to shed but little
light on the case. His comment did not
have much effect in Fastening matters.
however. and the tedious cross-exaIni-
ration continued.
y half hour later Mr. Taegart criti
eised what he termed an attempt on
the part OF the defense TO bring out on
crCss-examination matters not touched
upOn at all on the direct testimony.
The court ruled that IL one letter of
series had been introduced by the
prosecution. the defense would be per-
mitted to present others Of the same
series bearing upon the same matter
MY only desire is 10 give both sides
a fair trial.. continued the court. Il
am determined TO do that, but / do hope
these examinations viii not branch out
too broadly. or any more than is justi-
Expert Non-COmmittal
D. Parks Fackler. the expert account
ant of New York. who was employed
as the consulting actuary" by the
POstoffice Department. TO pass upon the
theory and practice OF the bond invest
ment schemes. was on the stand today
and was expected to be one of the i'm
portant witnesses. but was extremely
nOn-committal in all his answers He
had been employed by Barrett in Octo-
Der. 1900 TO do the work for the depart
ment. He testified that he had been
an insurance expert for forty-fve years,
and a consulting actuary for thirty-nine
years.
Sympathy for Defense"
II the course Of Actuary Packers tes-
timony, Major Conrad casually re-
marked, in answer TO certain objections
by counsel for the defense, that wit
nesses seemed TO have a great deal of
sympathy for the defense and that. If
they could, they would testify against
the prosecution.
Il will admit" Mr.. Worthington
quickly put in, that witnesses thus
far have tcld nothing harmful TO the
defense, but they were Government wit
nesses. just the same"
Women Not Trusted.
A critical intimation that LAWYERS
never trust a woman to keep a secret
was made in the course Of some in
quiries as to the evidence given before
the grand jury by Witness Stevens.
The witness said he recalled that tbere
was a stenographer present, but he
would not be able to Identify the stem
ographer now.
Was it man or a woman" in
quired Mr.. Worthington
Mr.. Taggart's surprised look plainly
indicated the answer he was about to
make. In a critical tone he replied that
Of course. women were never admitted
TO a grand jury room. Proceedings be-
fore the grand jury are always of
secret nature.
Stevens Resumes Stand.
At the opening Of the session Samuel
A. Stevens, who testified yesterday. re-
sumed the stand. He was formerly a di-
rector OF the Interstate Savings and In
vestment Company, of Cincinnati, Ohio.
Witness identified a telegram received
by him from General Tyner. in relation
to the company's business and use of
the mails. and later a number OF letters
exchanged between them.
The cross-examination was conducted
by Mr.. Hershey, associate counsel for
the defense. Incidents of the conference
In Baltimore on the night of December
81, 1900. were discussed. 1t was at this
meeting with Barrett, at Nelms' house
there, that the contract of the witness
company was considered with the view
of making it satisfactory TO the POST
Office Department.
Letters Identified.
Attorney Hershey read n letter sent to
witness by Barrett under date of Janu-
airy T. 1901, saying Barrett had consulted
with the department and had submitted
TO Tyner form Of contract for witness
company This was to meet the changes
suggested by Tyner for the Toledo De-
bs nture Company, which changes were
applicable as well 20 the Interstate Saw
lngs and Investment Company
witness recalled receiving this letter.
and also an explanation TO the effect
that Tyner would not promise 10 take
immediate action. At that time a suit |
against witness comTany was bending |
in the Ohio supreme court, and ne was
exceedingly anxious to have a decision |
from the Postofiice Department before |
that suit was settled"
A series Of letters from witness to |
Barrett was read and Identified, show |
Ing that witness was desirous that as /
slight change as the department would |
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