Daily Kennebec journal., 1904-05-19
GEN, TYNER ON STAND.
stoutIy Denies Charses-Mueh Affect
ed While Questioned.

Washington, May 1S.-Seated In an
invalid's chair and face to face with
the jury, James N. Tyner, the aged de-
fendant in the Tyner- Barrett conspi-
racy case, today, denounced the accu-
sations Of which he and his nephew
were indicted in connection with their
duties as lawyers. When the witness
began to speak the jurors, attorneys
and representatives leaned forward in
straining to listen, but then 1t was
necessary for the officials to read the
conversation in order the jurors might
understand. His diction was perfect
and apparently his understanding as
clear as ever, though his speech nearly
inaudable.
Frequently when the examination
reached charges between the two de-
PENDANTS to perform some dishonest
acts, tears streamed down General Ty-
ner's face and brandy was used to re-
store the witness to composure suftici-
ent for him to continue. Mr.. Worth
ington told him to rest when he liked,
but the witness answered: Il will get
through with it if l can" When he
concluded he was taken to his home,
for Major Conrad, special counsel for
the government, announced that he
would not take the responsibility of
crOss-examination.
The first direct examination of the
witness closely related to the charges
in the indictments and Tyner's reasons
for selecting M. Barrett for the opinion
on bond investment cases. Gen. Ty-
ner said there were two or three rea-
sons. Among these given was that an
attempt had been made to get an opin-
ion from the department of justice, but
Mr.. Biggs declined to take up more
than one question, as the plans of the
companies. Gen. Tyner said his opin-
ion would be of no avail in the ques-
tions before the post office department.
He said that in conclusion Mr.. Briggs
had said 1T is your business to make
your own rulings" Failing to get the
cases passed upon by the attorney general
he said he took up the matter with the
postmaster general and informed him that
it would be necessary to settle the ques-
ton in the department. Gen. Tyner said
he suggested Mr.. Barrett for the task
and the department concurred i'm the Sc
lection. The witness asserted that Mr..
Barrett had charge of the bond invest
ment case and that he was best for the
work. He said he wanted to repeat that
opinion, today.
According to Gen. Tyner. the question
of preparing a general opinion of the
bond investment std cases came up in June
or July. 1@O and the question of retire
ment of Mr. Barrett from the department
was not mentioned until October or No
xemher following. and later there could
Il encouraged Mr.. Barrett in his idea of
leaving. the department. said Gen. Tyner.
Il told him not to follow my example
Mr.. Worthington in examining the wit
ness said: 1T has been charged here !
that you approved the Barrett opinion
in order to drive, the bond investment
companies affected thereby to Barrett'S
employ. What have you to say to that?'
that he had brought up Mr. Barrett, had
trained his morals as well as his legal
mind, and told Of his pride in the young
man. such thought. never came into |
my head said Gen. Tyner. Il could
not make a proposition Of that character
to anyone, least of all TO him..
Continuing, Gen. Tyner spoke of the |
ment and said there never had been any
favoritism or distinction.
At the conclusion of Gen. Tyner'S tes- |
timony. Harrison J. Barrett. the other
defendant in the case. was put on the
stand.
COntlnu1nS MS tcStlmOny at tne 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 it could be understood only by
students of the bond investment cOmpa-
MES plans of business Mr. Barrett did
not complete his testimony. today
Former Secretary of State John w.
Foster and r. Ross Perry of this city,
testified in regard to their long acquainl-
ance with Gen. Tyner and his excellent
reputation. Adjournment was taken un-