The Washington times., 1904-05-02
GEN. TYNER, ILL,
IS CARRIED INTO
COURT FOR TRIAL
He and His Nephew, H.
j. Barrett, Are Ar
raigned.
PRELIMINARIES WAIVED
Special Panel of Jurors to
Pass Upon the Charges
Against Accused.
PRELIMINARIES WAIVED

Gen. James n. Tyner, formerly AS
sistant Attorney General for the Post |
office Department, and Harrison J. Bar
rett, his nephew and law clerk in his
office, were today put on trial in. Crimi-
nal Court No. l. before Justice
Pritchard, on two indictments charging
them with conspiracy 20 defraud the
Government.
The proceedings were begun by the ar
raignment of the two defendants. The
formality Of reading the lengthy in
dictment was dispensed with, and both
defendants pleaded not guilty.
BY agreement between counsel the two
indictments for the purposes Of the trial
were consolidated.
General Tyner arrived at the City
Hall at p. m, In a carriage. accom-
panied by his wife. Because of his
physical condition it was necessary that
he should be lifted out of his carriage
and carried into the court room by four
deputy marshals. He was placed in a
Morris chair which had been provided
for his comfort.
The defendants are represented by A
s. Worthington and o. +. Hershey
and the Government by Special Counsel
/ Holmes Conrad. District Attorney
Beach. Assistant Attorneys Taggart and
Keiswiu.
When the defendants were arraigued
the work Of empaneling a special panel
OF jurors TO pass upon the guilt or in
nocence Of the accused, began.
Tyner Not on Hand.
When Criminal Court No. 1 was con-
vened earlier in the day, Justice Pritch-
ards attention was called to the fact
that General Tyner was not present. II
was explained that this was 50 because
of his physical condition
1t was suggested that the trial be pro-
| ceeded with in his absence but the at
/ tention of the court being called to the
/ fact that General Tyner had not been
| arraigned on the indictments against
] him, this was impossible. and a post
1 ponement was made until 1 20 D. m
In expectation of General Tyner beiu.,
present. a Morris chair had been pro-
vided for his comfort This was placed
In the rear OF the seat occupied by his
! leading counsel, A s. WorthingtOn.
Large Crowd on Hand.
The courtroom was fairly well filed
when Justice Pritchard took his place
upon the bench. The crowd kept on
increasing the few minutes the session
lasted and indicated that the proceed
ines will be closely watched, as was
the trial of the first of the postoffice
cases. which resulted in the conviction
of Machen. the Groffs, and the Lorenzes
There were three women present when
the court convened. One OF these was
Mrs: Barrett. the wife Of one of the de-
fendants.
There are two indictments against the
defendants. They are practically the
same, and have been consolidated for
the purposes Of the trial
In one Of the indictments IL is said
that Tyner and Barrett did "unlaw-
fully conspire, combine, confederate. and
agree together to defraud the United
States In the other the offense Is that
they ''conspired to commit an offense
against the United States-that is TO
say, the Offense of misconduct on the
part OF him CTyner).
Work of General Tyner.
II is explained in the indictments that
it as the duty Of Tyner. as assistant
attorney general for the Postoffice De
partment. TO investigate all cases of the
use of the mails by persons suspected
of being engaged in the prosecution Of
lotteries and fraudulent schemes that
might be brought TO his attention by
reference from the Postmaster General
] or otherwise.
Further IL upon such investigation ii
appeared 20 him that any such use of
the mails was within the prohibition of
. the law, Il was his duty TO report such
, conclusion and opinion in the case 10
the Postmaster General with a state
ment Of the facts IN the case upon
/ which such conclusion and opinion were
based. together with a recommendation
that a fraud order should be issued in
such case whereby the misuse Of the
mails by such persons would be imme-
diately stopped
Intended to Resign.
II is also said that Barrett. as law
clerk in the office OF the Assistant At
torney General. should have assisted
him in this duty. II is also said that
Barrett determined TO resign from his
: position December 81. 1900. and h.
: agreed with one ]. HenRing Nelms tO
! enter into a partnership with view OF
] representing before the Postoffice De
partment persons using the malls. In the
, prosecution Of schemes and pldns OF
= business which then and hereafter
- might be under investigation by TyneT
The specific charge against the de-
PENDANTS Is that they conspired to hold
up investigation by the Postoffice De
partment in certain matters until after
Barrett had severed his connection with
( the department and entered actively into
partnership with Nelms