Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-17

asked by Major Conrad was a competent
one. and the defense noted an exception.
Mr.. Smith declared that he did not issue
fraud orders without evidence. The latter
was obtained, he said, through an agent,
The ass ths fs5arnsy MAJ Con-
rad proceeded to press the subject, which
caused Attorney Worthington to inquire;
"Is this argument with the witness 10
continue?'
ssMy friend need not be alarmed at this
stage of the game Maj. Conrad replied.
referring to Attorney worthington. The
time to be alarmed is not yet"
Addressing Former Postmaster Generai
Smith, Maj. Conrad then asked:
IF your practice had been shown to be
contrary to the statute, which would you
have followed?"
Il do not understand that my practice
was contrary to the statute" Mr.. Smith
replied. He admitted that If he had been
convinced that the action Of the assistant
attorney general In any particular case
had been wrong. that action would have
been overruled by the witness.
Maj. Conrad made some mention OF the
judicial functions Of departmental officers.
and inquired:
Are you lawyer"
mitted.
II congratulate you," Maj. Conrad re-
marked. causing general laughter.
The Defense Interrupts.
A moment later the defense interrupted
the cross-cxamination.
Let us proceed. gentlemen" Justice
Pritchard suggested.
Yes" Major Conrad added, '1et US pro-
coed, but decently and In order"
The witness further said that he had
never read the Barrett opinion of December
s, 1900 in detail.
You signed the opinion without reading
no
asked.
Il never signed the opinion" Mr.. Smith
made answer.
But you signed letter approving it."
IT accepted Mr. Barrett's statement as
to the opinion" was Mr.. Smiths explana-
ton.
Redirect Examination.
On redirect examination the defense pro-
ceeded to show that other duties. aside
from those in reference to fraud orders,
with which the Postmaster General was
charged, devolved upon subordinates. Major
Conrad objected to the line of examination.
'That is argument" he declared, laying
stress on the second word. Il was cross
examining the witness
After long discussion, Mr.. Smith was
permitted to read from the postal regula-
lions to show that the head Of the depart
ment was expected to distribute the work,
according to law.
AS Former Postmaster General Smith
left the witness stand Major conrad
grasped his hand cordially.
Former p. M. G. Gary on the Stand.
Next to be called as a witness by the de-
tense was James A. Gary, who was POST
master General of the United States for
about fourteen months from and AFTER
March g. 1897. He told of the practice of
nd To fra
while he was its head, saying that 1t was his
custom TO approve recommendations for the
issuance Of fraud orders If General Tyner
had signed the same. ;.
rrhe prosecution wanted to know II the
witness lad acted on even one case affecting
q bond investment company while he was
the head of the Post Office Department
.'Companies of that nature were not IN ex-
jstence while was in the department, MT.
Gary explained. <..,,a
orders during the fourteen months you
were Postmaster General?" Major conrad
next inquired , >,
"A great many more than tHat huhAoei'
Mr.. Gary said IN reply.
Both Mr.. Smith and Mr.. Gary expressed
the opinion that the reputation OF zen.
Tyner was beyond reproach. oupslahliaiiS
the same was said of Mr.. Barrett.
Robert L. Maupin of st. Louis, MO-, 10TH
erIv nrasident of the Missouri Loan and IN
yestmenl Company, followed MI Gary as
witness He was examined at iehsth, tHo
object of the defense being to prove that the
test cases spoken of yesterday, hao peen III
stituted and proceeded within gooo lal.n
Failure to obtain decision by the courts
as the outcome of the test cases, the oe
tense claims, was responsible for the prepa-
RI tion o. the Barrett opinion. Mr. Maupli
exnlained that he did not press the clFli
test case solely for the reason that ne Ieai
ed that the evidence that Wouid De aoouceu
therein would be used to his damage m a
criminal action that had been taken against
him.
Under Cross-Examination
After the usual midday recess the cross
examination of Mr.. Maupin was proceedeo
with for more than half an hour. the
prosecution contending that the test cases
referred to were merely a sham
Judge Stanton ]. Peelle of the Court OF
Claims and Mr. william B. Thompson OF
this city testified, In the order named, re-
earding the good character Of Gen. Tyner.
The defense next called Mr.. Fred Z.
BRYAN of the firm of Dick, Doyle & Bryan,
attorneys.
The witness told Of frequent dealings
he had with Gen. Tyner and Mr.. Barrett
at the Post Office Department In refer
ence to bond Investment companies rep
resented by the witness firm. The con-
duct of the defendants, according to Mr..
Bryan, was entirely proper and open and
above board.
toy, NJ