Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-25

ington. Gen. Tyner, 1t was added, very
properly declined TO follow such high
handed course.
a grave question In the case, according
TO the speaker, was whether General Tyner,
when he discovered something wrong In the
plan of a bond investment concern, was
bound to recommend that fraud order be
issued against the concern, or whether ne
could permit the concern to amend Its plan
SO as to comply with the law and continue
to transact business. The defenSe, OF
course, insisted that the latter course was
justified.
The subject of the test cases." instituted
for the alleged purpose of securing from the
courts a decision covering bond investment
concerns, received attention at the hands OF
Attorney Worthington..
IF there ever was an honest effort to se-
cure legal decision, there was that at
tempt in the matter of these test cases,
Attorney Worthington declared.
Later the speaker made the assertion that
if Mr.. Barrett did all that the prosecution
charges, he should not be in prison, but In
an asylum for the insane.
Regarded as Absurd Position.
The Barrett opinion of December 5, 1900,
was dwelt upon by Attorney Worthington.
In this connection the speaker contendeo
that If Gen. Tyner and Mr.. Barrett hao
done wrong the Postmaster General shouio
have been indicted with them.
Understand me- mean no disrespect 10
the Postmaster General" Attorney WORTH
ington explained, Il make the statement
merely to show the absurdity OF the gov
ernment's position here.
Attorney Worthington went on to say
that in every department of the govern
ment in this city it is an everyday occur
renee for men to resign from Inc service
and engage in practice before the depart
ment In which they had been employed. A
number of notable instances were cited and
names mentioned by the speaker in support
of his assertion. Therefore, 1t was nothing
unusual for Mr.. Barrett to leave the foSl
Office Department and engage in practice
before it. Attorney Worthington argued
nor was it improper for Gen. Iyner, VINO
had spent his entire life as departmenI
clerk, to advise Mr. Barrett to resign anu
thereby better himself.
In regard to the fees that had been. PAID
to Mr.. Barrett. Attorney Wortmngton re-
marked that the defendant mentioned really
ought to be hailed before the Bar ASsocla-
ton for injuring the legal profession by do
ing work for too meager compensation.
The speaker, referring to the point that
Mr.. Barrett, as attorney, had framed opln-
ions which he submitted to General Tyner.
in certain cases, Attorney Worthington read
from a legal periodical to the effect that
it frequently occurs that the opinions or
judges are written for them by the at
torneys for the successful litigants.
You would have your arm cut on before
you would do such thing, Major conrad
observed.
Sir Attorney Worthington retorted.
twenty years ago the chief justice of this
court visited my office and requested my
partner to write the opinion In case In
which we were successful, and my partner
wrote the opinion
But the judge had decided the case be-
fore he visited your office" Major Conrad
replied
Attorney Worthington spoke for two
hours. He concluded his remarks at noon
by saying that he was confident that 1t
would q render
a verdict of not guilty.
Maj. Conrad Makes Closing Argument.
At the outset of his remarks Major Con-
rad, the next and last speaker. told the
jury what was his conception of his duty
and responsibility In the case. The govern
ment of the United States, it was declared,
does not seek the conviction of any of its
citizens 1t throws the mantle of presump-
ton of innocence about every defendant
through every stage of a trial. No Caesar
or car sits at the head of this government
1t is government of law. There is no in
dividual who can take from the humblest
citizen his property or deprive him of his
liberty without due process of law.
1.-The responsibility of deciding this case
rests on you, gentlemen of the jury" Major
Conrad declared, mot on me, repre-
sentative of the government, and not on
the judge sitting here"
In urging the jury to do their duty like
soldiers the speaker referred to the fact
that both Attorney Worthington and him
self had fought on the battlefield. Major
Conrad caused laughter by adding:
Although we fought on opposite Sides
formed a deep affection for my bald-headed
old friend, Worthington."
moment later Maj. Conrad made an
other similar remark.
Are you referring to my bald head?'
Attorney Worthington replied
mo, sir" the reply. Il refer to your
honorable wounds and magnificent valor
on the battlefield"
The testimony regarding the good char
acter of Gen. Tyner and Mr.. Barrett was
discussed by Maj. Conrad who pointed out
that a distinguished graduate of West
Point, Capt. Oberlin Carter when accused
of crime, produced scores of witnesses to
testify as to his good character and excel
lent reputation, but, nevertheless he was
convicted and sent to a military prison
Maj. Conrad was contrasting the testi
mony OF the governments witnesses re-
gardlng the practices of the Post Office De-
paftment with sta Elements on the same sinh
Ject by Gen. Tyner in his official reports
Wnen at l2:o0 O'Clock, recess for one
hour was taken.
Alleged Shams and Pretenses.
Resuming his remarks at the opening Of
the afternoon session, Major Conrad de-
elared that two persons cannot colluda tn
make up a test case, and he insisted that
the test cases that had figured in the teslI-
mony of the pending trial We're shams and
pretenses. 1t was added by the sneaker
that MI Barrett had admitted that there
Was no precedent in the history of the
fest once Department for the Barrett
opinion of December >, 1890
MAY. Conrad was interrupted seyeral
TN es by Attorney Worthington, the latter
insisting that the special counsel for the
government was laying down to the Jury
propositions Of law in defiance of the law
the court had decided should govern in the
case 49, ~
The speaker remarked that Mr.. Barrett
was not indicted for being a fool On the
contrary, he is an unusually smart and
clever young man. He knew that the thing
to do according TO counsel, was to let
everybody know that he was writing an
exhaustive opinion that would result in de-
stroying the bond investment concerns
Maj. Conrad informed the jury that If Mr..
Barrett, in writing the opinion, had sug-
gested to the offending bond investment
concerns the remedy for their disease the
defendants would not have been indicted.
Alleged Delegation of Power.
Further, Maj Conrad asserted that Gen.
Tyner, as judge, had delegated to Mr.. Bar
rett. as attorney, the power of judgment in
Cases In which the attorney was interested
Was that misconduct in Officer counsel
irnd Tf H..