Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-11
TRIAL DRAGS WEAKLY
Little Interest in Tyner-Bar-
rett Proceedings.
LETTERS READ TO JURY
JUSTICE PRITCHARD TRIES TO
HURRY MATTERS ALONG.
Meets With Little Success and Allows
Attorney to "Wade Through"
Correspondence.
LETTERS READ TO JURY

Again today the trial of James N. Tyner
and Harrison ]. Barrett, accused Of having
conspired to defraud the United States
through the medium Of their con-
nection with the Post Office De-
partment. dragged YEARLY along in Grim
inal Court No. /. The first hour Of the pro-
ceedings this morning proved exceptionally
dry and embarrassing. A witness who was
on the stand late yesterday afternoon was
recalled for cross-examination, and while
under examination letter after letter was
read to the jury and inquiry was made in
detail regarding conversations with General
Tyner at the Post Office Department, all
OF which seemed to the lay listener to have
only slight, If any, connection with the
real issues in the case. Finally Justice
Pritchard suggested that the reading of
some Of the letters be dispensed with, add
ing that If counsel persisted in the course
that was being followed the trial would be
interminable. A little later reference was
again made to the amount of time that
was apparently, being consumed unneces-
sarily and Attorney Worthington of coun-
sci for the defense. explained his position.
II desire to say that Mr.. Barrett did
allow himself to be engaged by about 80
r.
ington said. "All he agreed to do, how
ever. was to help the companies modify
their policies and contracts so as to bring
them within the terms of the rulings made
CART has been picking out a few letters
the prosecution thinks reflect on these de-
PENDANTS. and putting them in evidence.
Therefore, we are compelled to introduce
other letters relating to the same subjects
in order to clear away the imputations
carried by the letters produced by Mr..
Taggart."
Purely Matters of Defense.
In reply Assistant United States Attor-
ney Taggart declared that 1.-THE state of
affairs objected to was brought about by
the defense endeavoring to introduce in
evidence under cover Of cross-examina-
tion letters which were purely matters of
defense"
I'll extend the rule so that the de-
Tense may introduce letters to explain those
produced by the prosecution" Justice
Pritchard said. My only desire is to give
both sides fair showing. I do hope, how
ever, that we will get through some Of
these days"
The hearing took an interesting turn,
momentarily, when the prosecution called
as an expert witness Davis Parks Fackler
or New York, consulting actuary of forty
years experience. Inquiry was made re-
garding certain reports made by Mr.. Fack-
Ter to the Post Office Department, as the
outcome of Investigations. made by the wit
ness at the instance of the department.
of the affairs of seven investment COM
panies. 1t was stated that these reports
were set forth in the Barrett opinion of
December 8. 1900 and had been referred to
extensively by Mr.. H. Morgan while he
was on the witness stand last week. Justice
Pritchard expressed doubt that the testl-
mony. which would be practically the sam
as evidence that had already been intro
duced. would be material but counsel
he stvit
Wade Through the Matter"
"All right. gentlemen" Justice Pritchard
remarked. with the suspicion of a sign.
wade through matter that Is already in
evidence. Start in
The prosecution seemed to be anxious to
inquire about certain one of the reports
that had been made to the department by
the witness. and Major Conrad. special
counsel for the government, said that al
though he understood that the report had
been impunged, he really did not know it
by a witness for the defense, for he was
unable to tell whether the persons who had
appeared on the stand were witnesses for
the government or for the defense.
Every witness who has known anything
has been a witness for the defense" At
torney Worthington INTERCEPTED.
Notwithstanding the inclination of the
witnesses, stand by their testimony" Maj.
Conrad replied
Attorney Worthington retorted, but DIS
they have told the truth. the testimony, OF
course, has been in our favor
Majof Conrad asked the witness if he
agreed with an assertion made in the Bar
rett opinion that the basic principle of the
kond investment scheme Is sound. Attor-
ley Worthington inquired why Major Con-
rad asked the question.
A Bit Of Humor.
Il was requested BIZ your colleague to
read from the opinion, Major Conrad ex-
planned. land always do as 1 am told
Sit oown." Attorney Worthington then
ordered, with mock severity.
That is too pcremptory,' Major Conrad
replied smilingly. He then proceeded with
the examination of the witness.
What appears to be one of the principal
issues in the case is the endeavor of the
prosecution to prove that before he severed
his connection with the Post Office Depart
ment Barrett sent out to bond investment
companies which were affected by rulings
made ny the department cards announcing
practice; and the effort Of the defense to
demonstrate that Mr.. Barrett did not send
cards To the companies in question.
Assistant United States Attorney Taggart
stated in answer to query from Justice
Pritchard late yesterday that the govern
ment then had ret more than half dozen
witnesses yet to be examined. The court
said that hereafter the hearing each day
will be extended until later than 3 O'Clock,
the usual hour for adjournment
Gen. Tyner was In court today, but his
the morning session. In the afternoon Mrs.
Parrett and her marty Occupad the chafrS