The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-03
GEN. TYNER NEAR
UTTER COLLAPSE
Pathetic Scene Occurs in the Trial When
Counsel Refers to the Defendants
Services to Government.

Gen James n. Tyner presented a very
pathetic picture today in Criminal Court
No. l as he rcclined in Morris chair,
standing trial on charge OF conspiring
to tiee~1-ld the United States Govern
ment, which he had for many years
served in positions of honor and trust.
Old and feeble, scarcely able to make
a move for his own comfort and eage,
his wants were tenderly cared for by his
wife. Who sat all day by his side. Fre-
quert9 during the morning session OF
the court, when reference was made TO
General Tyners service TO the Govern
ment, ne nearly collapsed and wept bit
terly At such times his wife was q
great comfort to him. wiping his eyes
and forehead with her handkerchief.
Barrett Not Affected.
There was a great contrast between
General Tyner and Harrison ]. Barrett,
his nephew. who is indicted jointly with
him for conspiring to defraud the Gov
ernment. At no time during the pro-
ceedings did Barrett appear to be af-
fected by anything said by counsel on
either side. All day he sat through
the proceedings. paying closest atten-
tion TO all that took place. He never
showed by his countenance that any
thing said affected him. except now
and then he would smile. as he turned
to make a note of something said by
the District Attorney.
The Faithful Wife.
Mrs Tyner was seated at her hus-
bands left elbow and Mrs. Barrett was
given 4 chair little in the rear OF her
husband. She was accompanied by two
woman friends. These, with the eXceD-
ton Of two other women who had seats
in the back part of the courtroom, were
the only women present at the morning
session.
The proceedings were not attended By
so large an audience as on yesterday.
Ia the early part Of the morning ses-
sion the Rev J. j. Muir, pastor OF the
Temple Baptist Church, was present
and was a guest of Justice Pritchard
on the bench while he remained.
Mr.. Taggart Present.
Assistant District Attorney Hugh +.
Taggart. who was not present yester
day, on account OF the illness OF one
OF his sons. was In attendance today,
and undertook the examination OF the
first witness called to testify on behalf
oil the Government
General Tyner was the object of much
sympathy, expressed by persons who at
tended the proceedings. Only once dur
ing the day did his cOuntenance bright
en- IL was when Justice Pritchard in
formed him that if he desired he might
absent himself from the court during
the trial. He seemed grateful for the
privilege granted him, and then seemed
10 nerve himself up 10 the mental and
physical ordeal remaining.
General Tyner Remains.
When the court adjourned for recess
at 12:SO o'clock, General Tyner did not
leave the City Hall.
The ante-room adjoining Criminal
Court Room No was placed at his
disposal by Assistant United States
Marshal Robinson, and in company with
Mrs. Tyner General Tyner waited there
until court reconvened.
Selection of the Jury.
The work Of impaneling the jury,
which was begun yesterday afternoon
was resumed today when the court
convened at 1905 o'clock. 1t did not
take long to complete the panel, and at
l0:30 o'clock Mr.. WoTthington, leading
counsel for the defense. announced that
he was satisfied with the panel.
When the Jury was sworn District At
torney Beach called the attention of the
court to the suggestion made yesterday
| afternoon that General Tyner be not
I compelled TO be present each day dur
! ing the trial Mr. Beach went on TO
| say that the Government did not think
| his presence absolutely necessary. and
! would not insist on his being in court
all the time.
Mr. Worthington said that because of
General Tyner's physical condition it
would be a great hardship on him If he
were compelled to be present each day.
| He also suggested TO the court that
| General Tyner be asked what he de-
| sired 10 say in reference TO the matter
General Tyner's Wish.
/
fendant: General Tyner, is ii your re-