The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-18
CONTINUED From First Page.)

les of Mr.. Worthington as to the Wit
/ ness public services and of his retain
/ ing his legal residence in Indiana, in al
! 0ltion TO having had since 1881 a Wash
/ ihgtOn residence. In this way he knew
/ him intimately. His final opinion was
| that General Tyner was "a man who WAS
/ incapable of doing anything knowingly,
of a corrupt or criminal nature
Attorney r. Ross Perry followed Gen
eral Foster on the stand, and expressed
similarly high regard for General Ty-
ner's honor and integrity.
He belongs TO past generation, ~
said Mr. Perry He seems TO be of an
other sort than the men of today who
put dollars before everything else. 1
consider il an honor to have known
him There was no cross-examination-
General Tyner's Testimony.
General Tyner than took the stand and
| described his conduct of affairs in the
dep Vrnent. and Barrett's work there
T important point of why Barrett
wrote the opinion. since the prosecution
alleges it was done through collision
/ between Tyner and Barrett was imme>
diately taken up by Mr.. Warrington
/ General Tyner said:
Il know very well that If the matter
of the bond investment companies was
referred TO the Department of Justice
an opinion was apt 10 be delayed for an
indefinite time. Any opinion on the
subject of these schemes. If ii was to be
OF any value at all, was needed quickly.
IL was June, 1900, or early in July. that
IL was determined that Barrett should
write it.
IAN important point in the matter
was 70 get an opinion broad enough 10
cover all the complex cases before the
department or which might come there.
II was conceded by all TO be very dir
fcult matter 70 draft an opinion broad
en- will -HTrff 4rFE
all classes Of bond investments.
Barrett Studied Them.
Barrett was thoroughly familiar with
the bond investment matter, because he
had made a special study of it; and I
did not hesitate TO pass over to him any
case for his investigation and report.
If We had only one opinion on one case
it would not help much in STRENGTHENING
out the general problem. so I expected
him 10 draw an opinion which would
cover everything.
Incidentally. had discussed the sub
iect with Attorney General Griggs who
was not inclined TO have IL taken Up
by his department. He said: It's your
business TO make your own rulings. II
we are pressed TO do II. (Griggs) will
tell the Postmaster General tSmith)
that he must have you draft the opinion
and send It 10 me for revision -
After that statement, General Tyner
than have some one in the department
write the opinion. and. as Barrett was
the best qualified one, he was given the
work To do.
ton whatever then about Barrett con-
templating a partnership with helms,
and had not heard OF II until about
November, 1900. He had brought up
and put every confidence in Barrett's
honesty and uprightness-
The Fraud Orders.
General Tyner then described the prac-
tice OF laying fraud orders before the
Postmaster General. Asked whether the
latter relied upon him, the witness re-
Piled:
1t was a common. too common, case
for him 10 rely on me"
Witness further said he had conferred
with Postmaster General Smith as 10
who should write the opinion. and that
the latter had cOncurred in the seIec-
ton OF Barrett.
As TO Barretts leaving the depart
ment. General Tyner said;
Il encouraged him 10 leave. saying he
should not follow my example and be
a Government clerk all his life"
When General Tyner had concluded
his testimony and had been wheeled out
Of the court room, the attorneys re-
turned 10 their customary places at the
counsel table
Mr.. Barrett. you may take the stand, |
announced Mr. WOTthingtOn.
Wait minute" suggested District
Attorney Beach, there IS a Juror alb
sent"
wei, ne can take the stand" replied
defendants counsel. referring TO Bar
rett.
But he can't say anything" was Mr..
Beach's reply.
Barrett on the Stand.
Harrison J. Barrett was then sworn.
He said he was born in Washington in |
1871. lived here until ten years Of age, |
when his parents went abroad and he |
studied in the schools OF Paris: came |
back In 1885. went into an express COM |
pany in New York and studied at night; |
came 10 Washington 10 take a small !
position IN the supervising architects |
ONCE of the Treasury Department: be- |
came General Tyners stenographer |
when President Harrison came into Of |
nee IN 1873: served also under General /
Thomas, went later 70 North Carolint.
TOT MS health, was appointed a cofnmis- |
sloner there by Federal Judge Dick. III /
moOnshine' district and remained i
there until he returned to XVashineton
and went into the PostOhice Department |
ia 1897
Mr.. Worthington took up the personal /