Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-19
.REGARDFORGEN. TYhER
Prosecution Declines to Cross
Examine Him.
PROGRESS OF TRIAL
DEFENSE IN CONSPIRACY CASE
MAY CLOSE TOMORROW.
Co-Defendant Barrett Goes Into Details
of Every Transaction Under
Consideration.
PROGRESS OF TRIAL

In the Tyner-Barrett conspiracy trial,
Mr. Barrett, who appeared before the jury
prior to the midday recess yesterday, re-
manned on the witness stand throughout
the entire session of Criminal Court No.
1 today. 1t was learned this afternoon that
the defense expects to conclude the intro
duction of it's evidence tomorrow, perhaps
by noon
Gen. Tyner, in a chair, was rolled into
the court room a few minutes after IL
o'clock this morning. Attorney Worthing-
ton Informed the counsel for the govern
ment that the invalid defendant rested well
last night and had journeyed to the city
hall ready to submit to cross-examination.
Mr.. Worthington added that his client had
sustained no ill-effects from the ordeal of
direct examination yesterday and was en-
tirely willing to answer any questions that
the prosecution might desire to ask
IT was very much impressed and deeply
affected while Gen. Tyner was testifying
yesterday" Major Conrad. special counsel
for the government. explained. I'VE are
not going to make any clap-trap about his
not being cross-examined Cross-examina-
ton would be much more dangerous to
him than direct examination.
Gen Tyner does not think So neither tferna 90
81 am not willing, personally. to assume
the responsibility of crOSS-examintng him.,
Major Conrad then declared. ut Is very
possible that he might suffer another stroke
of paralysis while undergoing cross-exam.-
nation"
Mr.. Barrett Alert.
Gen. Tyner was made comfortable in the
Morris chair. HIS physician sat near him.
The invalid paid close attention to the tes-
timony of his co-defendant, Mr.. Barrett.
10 rte l,oc b.a Ga nj defense
finger t,rs and is able In an instant. to pro-
duce any letters and papers that may be
needed to substantiate his assertions. He
testified that the conclusions set forth in
his opinion of December 8, 1900. were honest
ones, reached by him after an honest inves-
tigation of the subject of bond investment
companies. The witness denied with en-
phasis ne charge thaS he and Gen. Tyner
had conspired to defraud the United States.
Mr.. Barrett wen- into the details OF every
transaction in regard to which evidence had
been Introduced by the prosecution, with the
view of showing that the same were entire
ly innocent and above board.
The examination of Mr.. Barrett was IN
progress up TO the time the court adjourn
ed at late hour this afternoon until III
o'clock tomorrow morning.
The Salary Account.
After the usual midday recess Mr.. Bar
rett made clear, from his standpoint why
made with J. Henning helms it had been
stipulated that Mr. helms should turn over
to Mr.. Barrett an annual salary Of $1,000
Mr.. helms was receiving as attorney from
a bond Investment company. Mr.. Barrett
insisted that he be assured of an income
of at least 81, 600 from the partnership, be-
cause he felt that he could have been secure
In his position at the Post Office Depart
ment for four additional years. The wit
ness learned from a newspaper article the
latter part of December. 1900. that the plan
of the company that was paying the salary
of 81, 600 year was wrong.
Mr.. Barrett said he thereupon informed
direct or indirect, with the company in
question. and that, therefore, he would
relieve Mr.. helms of that clause of the
partnership contract requiring Mr. Nelms
to turn over to Mr.. Barrett the $1,000 sal
airy.
Mr.. Barrett. at this point. gave way as
a witness. temporarily, to Dwight Harrt-
son of Columbus. Ohio, who was anxious
to return to his home. He testified re-
garding visits he made to the department
while Mr. Barrett was employed there. and
told of Mr.. Barrett pointing out objections
In the plans Of bond Investment companies
the witness represented.
At the direction OF his counsel, Mr. Bar
rett related in detail Just how he arrived at
the conclusions set forth in his opinion, and
explained what was meant by basic prin-
ciple' as used In the opinion and frequently
quoted during the progress of the trial.
The basis of his opinion, according to Mr..
Barrett, was that company could rot
estimate profits and pay them before they
actually accrued