The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-06
GOVERNMENT NOW
SCORES A POINT
IN TYNER CASE
Witness Makes Damag-
ing Admissions Re-
garding Barrett.
A BUSINESS CALENDAR
Newspaper Article in Evil
dence Relative to Law
Partnership.

dl lllCISlllp.
The development of the case of the
prosecution in the Tyner-Barrett con-
spiracy trial depended today upon the
evidence of J. Henning Nelms. who be-
came Barrett's partner when the latter
left the Postofrice Department Charles
A. Spenney, Of Columbus. Ohio. who
had been prominently interested in in
vostment companies; and Walter Brown.
of Toledo, an attorney for similar con-
Germs.
The strongest points in today's testi-
mony, from the point of view Of the
prosecution, were the admissions Of
Nelms as to his familiarity with the
plans of Barrett throughout the six
months prior to Barretts leaving the
department. and the statements Of Spen-
Eey that on his visit to the department
General Tyner recommended Barrett.
then out Of official life for only a few
days. as a good lawyer to employ. al
though witness afterward admitted that
Barrett and others" had been referred
to.
This latter admission. according TO
the defense, entirely Offset the value Of
Spenney's first statement, and showed
that General Tyner had referred to Bar
rett only in a casual way. The defense
also seemed to be we'll satished with
the testimony OF Nelms as largely fav-
orable 10 Barrett
Exhibit of Interest.
One of the interesting exhibits
brought into the case today was a copy
Of the Lexington Leader of Decem-
her Is 1QQ0 ortscIo
titled:
Mr.. Nelms' Law Partner" in three
quarter inch black tDye: Assistant
United States Attorney Barrett Quits
Government Service After Rendering
bond Investment Ooinion-Wm DO
Land Office Business
This was shown TO Mr. Nelms by Mr..
Taggart. for the prosecution, ia order
to refresh the memory OF the witness on
several dates and to fix definitely the
time when Nelms issued his card an
nouncing the partnership with Barrett.
The chronology Of these dates has now
been completed as follows:
Opinion of the department prepared by
Barrett December S: approved by Tyner.
December Z; approved by Postmaster
General C z. Smith. December 8: part
nership card issued by Nelms. Decem-
ber 6; similar announcement BY Barrett
December 10; all in the year 1890. Bar
rett left the department December n,
1900
General Tyner Early.
General Tyner and his wife wers
early on hand this morning. and bo.l
seemed cheered by the progress of the
trial. EIch session OF the court, witi,-
~
By the prosecution in support of its al
legations. has encouraged the white
haired man TO hope for an early con-
olusion Of the trial
Recalled to Stand.
At the opening of todays session.
Hayes Morgan was recalled to complete
the record Of his testimony in respect
TO a date missing from his previous tes-
timony. He fixed the date as July 8. 1900,
as the time when Barrett decided 10
write the opinion himself as TO invest
ment concerns, instead Of referring II
10 the Attorney General of the United
States.
J. Henning Nelms. the Episcopal theo-
logical student, who was on the stand
at adjournment yesterday afternoon.
then resumed the stand. He was at one
time agent at Louisville, Ky, for one
Of the concerns under investigation
then came 10 Baltimore on the same
business, and later went into partnership
with Barrett as attorneys for these
companies. He retired from this bust
10 study for the ministry.
Mr.. Worthington's line Of questioning
Of the witness was objected 10 by Dis
trict Attorney Beach. The former ar
gued that whatever tended to elucidate
the relations between the witness and
Barrett should be admitted IN evidence.
lhe court ruled that Mr. WOrthingtOn
could not co so on cross examination.
Witness admitted there had been a
dlueTence OF opinion between Barrett
and himself regarding the handling Of
the cases they had in charge. Witness
thought the Government was grinding
down these companies with heavy and
unWarranted restrictions and wanted TO
protest 10 General 1yner and the Post
once Department Barrett advised !
against any such plan.
'Ihe ethics Of the situation" had been I
discussed by witness and Barrett. in /
preparation 10 sending out cards an /
ship.
-He was TO send out AN announce
ment saying he had formed a partner /
ship with me" said witness. and mail /
u 10 all his friends among the business
people ! was 10 send out another one /
similarly WOrded but saving had /
formed a partnership with him
As witness went on 10 tell about his /
own plans and work Mr. Beach OBJ /
Jected on tie ground that il was imma-
teilal and had nothing TO do with Bar
Iett. Mr. Worthington took the wit
ness 10 another subject
Witness was asked when he first
learned that Barrett was to write the
departments opinion on the bond in
Ycstment companies
Il think ] learned u on the 29th or
30th OF June. 1900 a few days before / |
was 10 sail for Europe" replied the
witness. Il returned about September
IS. ! don't think / saw Mr. Barrett
until he returned IN November from