The Washington times., 1904-05-17

them guilty of the offenses charged.
Their punishment does not rest with
the jury. but with the court 1t may
be a light imprisonment or a trivial
fine"
Intensity of feeling characterized Maj
or Conrad's comment.
An Exception Granted.
Mr.. WoTthington was granted an ex-
ception by the court on the previous
ruling.
A short time afterward Mr.. Worth
ington interrupted to inquire of the
court whether the prosecutions line
of inquiry was to continue, holding
that in reality it was an argument.
1T isn't an argument" responded
Major Conrad. I'm talking to a highly
intelligent gentleman. as 1 know him to
be. The counsel for the defense need
not be alarmed at this stage OF the
game The time for alarm is not yet"
NO, 1 have not found any cause for
alarm" assented Mr.. Worthington.
No Flying Buttresses.
Mr.. Worthington started TO ask the
witness a general question about the
duties which devolved upon the Post
master General. The prosecution
promptly objected.
This is an effort by a sort of out
side flying buttress to hold him up. He
don't need it." gravely added Major
Conrad
The court held that any particular
duty could be inquired into which had
bearing on the testimony already Civ
en-, but declined to allow a new, general
element to be injected into the case on
the redirect examination.
Major Conrad made a few more in
quiries, asking whether the witness had
followed the law as contained in the
Revised Statutes or had followed the
practice of the department.
saw no conflict between the two
replied Mr.. Smith, and he was excused
from the stand.
Judge Gary Testifes.
James A. Gary, of Baltimore. the i'm
mediate predecessor of Postmaster Gen
eral Smith. was next called. He said he
had served in that capacity from March
5. 1897. to May, 1898. General Thomas
was the Assistant Attorney General for
the department when witness came into
office.
Mr.. Worthington's first inquiry relat-
ed to the practice of the department in
the issuance of fraud orders when the
MlbICSS came into ONCE, Wnen General
Thomas was in charge of the office to
which Tyner afterWard succeeded.
The witness described the routine du-
ties of the Postmaster General in much
the same way as Mr.. Smith had done
Nothing of an unusual nature was
elected
AS to General Tyner's reputation
Judge Gary said he had known him
casually for thirty years" and had
known him well for ten or twelve years
His personal acquaintance included the
period General Tyner had been Post
master General. and when he had fiIIed
other important offices in the same de-
pdrtment.
II appointed General Tyner," declared
the witness, slowly. and with emphasis
adding that he, of course, believed Tyner
worthy Of confidence, and an able law
yer. or he would not have appointed
him to office in the witness department
OF the Government service
The crOss-examination of Judge Gary
was opened by Major Conrad inquiring:
How did you know his reputation
amoPg the people?"
Well that Is a very difficult question,
TO answer commented the witness
''Of course. 1t Is. replied the attorney;
that Is why I asked it"
Judge Gary then described how he had
formed his impression of General Ty-
ner's character, in the way people