The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-26
Major Conrad Appreciat-
ed Difficulty in Way
of Conviction.
MR.. W0RTHINGT0N CALM
District Attorney Beach Re-
lieved That Trial Is
Over.

Participants in the Tyner- Barrett trial
expressed today their views on the YER
dict Of the jury, returned late yesterday
afternoon, acquitting both defendants.
In less than half an hour after the con-
clusion of Judge Pr1tchard's charge yes
terday, the jury had returned their YER
dict q, not guilty"
This outcome Of the case was gener-
ally expected. although good deal Of
uneasiness had been occasioned in an
ticipation of Holmes Conrad's final plea
in behalf Of the Government. When
Major Conrad did not definitely demand
of the jury "A conviction. but contented
himself with summing up the main
points Of the prosecutions case, the ten
sion on the part Of the two defendants
and their relatives was much relaxed
Major ConIad's View.
Commenting on the case today. Major
Conrad said:
The verdict Of the jury did not take
me by surprise I appreciated early in
the trial the difficulties which the jury
would encounter.
The case necessarily turned in large
measure on the question OF what was
the usage. practice. and course Of pro-
cedure in the Office Of the Assistant At
torney General for the Postoffice De-
partment. There was no doubt from
the testimony OF the clerks and of the
two ex-Postmasters General that * was
ore thing, while by Tyner's Official re-
port for the year ended June 80. 1902. il
was stated to be exactly the contrary.
and TO be in accordance with the re-
quirements OF the Postoffice regula-
tions.
AS TO the other question involved
misconduct in office-which affected in
some degree the integrity Of Tyner, his
previous good character was shown by
men OF very high standing. and the
court INSTRUCTED the jury that they
must interpret all the evidence in the
case in the light of that evidence Of
good character"
Worthington Satisfied.
A S Worthington, chief counsel for
the two defendants. did not attempt TO
conceal his satisfaction at the victory
gained by his side. but was averse to
making any comment on the verdict
In conjunction with o. r Hershey,
OF Baltimore. Mr.. Worthingtons hand
ling Of the case overlooked no item cf
the least Importance, and this proved
most laborious task. not only through
the three weeks Of the trial. but for
long time prior TO that Consequently.
with the trial concluded. Mr.. Worthing-
tons thoughts turned cOuntryward, and
he said:
Just say I'm satisfied. That ought
always be enough when a case turns
out the right way"
The eminent lawyer then looked anx-
iously at the clouds. as if fearful a rain
storm before night would prevent an
afternoons recreation at golf
Mr.. Beach Complacent.
District Attorney Beach could not help
feeling some relief that the long triSl
was al an end. He had made a strong
speech In behalf Of the Government but
had expressed no view on the outcome
OF the case.
The verdict Of acquittal relieved Mr..
Beach's reticence in only small degree.
He said:
whenever the jury has recorded its
verdict in a case, that always ends it
with me-"
o. T. Hershey, assistant counsel for
tha defendants, and who IS "a Baltimore
lawyer. has been coming TO Washington
each day TO attend the trial. He was
not in town today.
Hard to Make Chain.
Assistant District Attorney Charles A
! Keigwin said:
"The difficulty in the Governments
case was in proving the criminality. in
| a sequence of events, Of things not in
| themselves criminal. IL was the diff
| nculty Of proving the relationship be-
| tween several circumstances and OF
demonstrating that a series Of things.
which in themselves were innocent. yet
taken together showed misconduct in
office
1t Is no offense to resign from Office.
/ tc send out business announcements. 10
draw up ones views in an Official opin-
ion, etc Taking such matters, in them
| selves proper. IL is "A difficult task 10
/ make chain so convincing as 10 show
! beyond reasonable doubt. that they are
! improper because of their relationship
/ or sequence"
Many Callers on Tyner.
! General James n. Tyner had many
callers today at his Kenesaw Avenue
| Hf,f -