The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-26
TYNER WEEPS WHEN JURY
FINDS HIMSELF AND HIS
NEPHEW ARE NOT GUILTY
Venerable Indianian and II. J.
Barrett Are Acquitted OF the
Charge of Conspiracy.
JURY DID NOT HESITATE
Returns with Verdict Twenty-Five
Minutes After Retiring from
Courtroom.
TYNER BREAKS DOWN
Several OF the Jurors Weep with
Him, and All Shake His
Hand.
JURY DID NOT HESITATE
TYNER BREAKS DOWl

WASHINGTON. May 25.-Within twenty
two minutes OF the retirement of the jury
In the case Of James y. Tyner and Harrison
j. Barrett. tried on charge Of conspiracy
in connection with their duties as law
officers of the Postoffice Department, a
verdict of guilty was returned.
The throng that filled the courtroom
throughout the arguments 20 the jury hard
" had time 10 leave the building before
the jury was back and the foreman an
nounced that verdict had been reached.
General Tyner. expecting a longer wait.
had been wheeled from the room. and his
nephew and codefendant FASTENED to give
an order which caused him TO return.
General Tyner appeared greatly excited
as he attempted to face the jury and when
the verdict was returned he broke down
completely. Several of the jurors wept
with him and all of them shook hands
with him.
The Tyner- Barrett case was begun
May and has been before the court nine
teen full days A great mass of testimony
was offered The prosecution brought for
ward army of witnesses. a majority of
whom were former officers of bond invest
ment companies. through which Harrison ].
Barrett. the Junior defendant, was alleged
TO have profited after he left the Postofice
Department by practicing before his uncle,
who remained in the department.
The principal arguments made to-day
were by a s. Worthington. for the defense.
and Maj. Holmes. Conrad, special counsel
for the government, for the prosecution.
The latter directed his efforts almost
tirely TO an attempt TO counteract any In
fiuence the jurors verdict which might
result from sympathy for General Tyner.
He told the jury that they had no right TO
entertain sympathy for General Tyner or
the young wife of Mr.. Barrett. who was
witness in the defendants behalf.
Judge Pritchard's charge to the jury was
long He had granted a number of the
prayers offered by counsel on both sides
and in addition his own charge covered
dozen typewriter pages. Among other
things he told the jury that IL had had an
opportunity TO observe the conduct of all
the witnesses and could take into considera-
= tlon any interest they may have had in Civ
ing their testimony. He called like atten-
tion 10 the testimony of the defendants and
the weight that should be attached TO their
statements The court said in conclusion.
that the jury might find the defendants
guilty as 10 each count charged in the in
drct acquit them to one count and find
them guilty as 10 the other or return YER
dict of not guilty on both counts. Judge
Pritchard emphasized the fact that the
jury should not be Influenced by prejudice
on the one hand or sympathy on the other,
and said the case should be tried solely on
its merits and without regard to what effect
the verdict might have on the public mind.
lie gave a definition of conspiracy and
made plain the meaning of reasonable
doubt