Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-09
But Small Attendance at Post
Office Hearing.
GEN. TYNER PRESENT
DEFENSE LIKELY TO RECALL Gov
ERNMENT WITNESSES
Spirited Colloquy Between Attorneys
Over the Introduction Of q
Department Letter.

The second week Of the trial of James N.
Tyner and Harrison ]. Barrett, under in
dictments charging conspiracy to defraud
the United States, the case being one of
the products of the Post Office Department
investigation, was begun this morning. thu
court room being practically empty of per-
sons. with the exception of those directly
connected with the hearing. General Tyner
put in an appearance some little time prior
to 10 o'clock, the hour set for the resump-
ton Of the proceedings. During the day
the attendance gradually increased, but at
no time were there more than a score or
persons listening to what was being said.
General Tyner. so far as may be judged
from appearances. is holding up well un-
der the strain. He pays close attention to
all that Is going on and frequently confers
with his attorneys. Just how long the
trial will be in progress nobody seems TO
know. The prosecution this afternoon ex-
pressed the opinion that the Introduction OF
it's testimony in chief would be conciudeo
by the end of this week. The proceedings
continue wearfsome, and enlivening Incl
dents occurring at intervals are few ana
far between.
1t is quite likely the defense will make
use of a number of those who have testi-
fed at the instance of the prosecution as
witnesses in behalf of Tyner and Barrett
when the time arrives for putting on the
defense. Attorney Worthington today sug-
gested this possibility to Justice Prftchard:
and asked that Mr. helms, Mr.. Morgan and
Others Of the witnesses summoned by the
government and who have testified be ex-
cluded from the court room until the gov
eminent announces the close OF its case ana
the defense determines whether or not 1t
shall need the persons In question as wit
nesSeS.
Provokes Discussion.
At one point during the proceedings to-
day Attorney Worthington started to read
in evidence a letter written to one of the
bond investment companies for which Mr..
Barrett had acted as attorney, by Mr.. Chris
tiancy, who was at the time acting as as
sistant attorney general for the Post Office
Department, calling the company to ac-
count for alleged violation of the terms OF
its contract as approved by the department.
Assistant United States Attorney Taggart
objected.
II must admit that do not know just
what the government is claiming" Attor-
ney Worthington then said. I'VE have adj
mitted that Mr.. Barrett represented as at
torney a number of bond investment COM
panies. We have supposed that the prose-
cution claimed that the companies repre-
scented by Mr.. Barrett were favored by
General Tyner. Now, when we are en-
deavoring TO show that the department
promptly called the companies to a halt II
they did not strictly adhere to the condi-
lions imposed by the department, the prose-
cution objects"
Assistant United States Attorney Tag
CART, In reply, commented that. although
the defense admitted certain facts 1t want
ed to shut out the government from the
benefit of the circumstances incidental to
the establishing OF those facts.
The incident was ended by Attorney
Worthington withholding the letter for the
time being.
spirited colioquy occurred when Attor-
ney WortnngtonN and his colleague, Attor-
ney Hershey, protested against Mr.. Tag
CART being allowed to lead witnesses"
The Issue was amcably adjusted.