Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-17
DEPARTMENT CUSTOM
Testimony Given by Former
Postmasters General.
FRAUD ORDERS ISSUED
WHEN SIGNED BY GEN. TYNER
WERE ALWAYS APPROVED.
Defense in Tyner-Barrett Case May
Conclude It's Evidence by
Close Of Week.

Former Postmaster General Charles En-
cry Smith and his predecessor in that office.
James A. Gary, testified today in Criminal
Court No. / as witnesses in behalf of Gen.
James N. Tyner and Harrison ]. Barrett, on
trial under indictments alleging conspiracy
to defraud the United States Both former
heads of the Post Office Department ex-
planned that it was their custom to trust to
the discretion Of Gen. Tyner in the matter
of issuing fraud orders. When a recon-
r;endation that a fraud order be issued
reached them bearing the signature of Gea.
Tyner it was their custom to forthwith APP
prove the same. These witnesses consider
ed the reputation Of Gen. Tyner to be OF
the highest character.
The proceedings today, principally be-
cause of the presence of Mr.. Smith and Mr..
Gary were by far more interesting than
were the happenings of any preceding ses-
sion of the trial. Furthermore, counsel ex
changed compliments with increasing fire.
quency, and the result was that for the first
time since the hearing began the court
room was well filled with attentive listen
ers.
According to counsel for the defense, they
will conclude the introduction of testimony
by the end of the present week, il not with
In the next day or two Both Gen. Tyner
the former will not be permitted by his
family to face the jury until he has good
day" The invalid defendant was not as
we'll as usual this morning and was taken
home Immediately after the close Of the
morning session of the court. 1t required
three persons to assist him to bed after
the adjournment of the hearing yesterday
afternoon.
Documents Under Lock and Key.
Mr.. Barrett has at his side In the court
room huge wooden box, well provided
with locks. in which is kept the docu-
mentary evidence used by the defense All
the papers are indexed and. therefore, the
case of the accused so far as the papers
are concerned, is carried on smoothly and
without hitch.
Since soon after the close Of the prosecu-
tons case-in-chief Assistant United
States Attorney Taggart, because of the
serious illness of a member of his family,
has been absent from the court room.
Major Holmes Conrad, special counsel for
the government, is conducting the cross
Mr. Gary to confirm an assertion by the
defense, with United States Attorney
Beach acting in an advisory capacity.
Some amusement was afforded the listen
ers today when Major Conrad requested
MIR. Gary to confirm an assertion b ythe
attorney that many changes occur in the
government departments upon transfer
of political power.
Inc Qe1nOcTauS are very OncnarltaDlo TO
the republicans, and vice versa, Major Con-
rad remarked: When an official knows he
has to go, he goes as gracefully as he can
He does not, as rule, wait to be asked to
resign.
This discussion was brought about by
the witness being asked to detail the man
ner in which the connection of one of the
persons who had been called as a witness
for the government with the Post Office De-
partment had been served.
The proceedings ate yesterday afternoon
after The Stars report of the trial closed
included arguments in relation to the adj
instability of letters and contracts between
the firm of Dudley & Kitchener and their
clients, offered by the prosecution on cross
examination to impeach the credibility Of
General Kitchener, who occupied the witness
stand all of yesterday.
Justice Pritchard finally declined to per-
nit the prosecution to cross-examine Gem
eral Kitchener regarding letters sent out by
his firm. but of which the witness had no
personal knowledge.
The cross-examination of General Niche
ner was In progress up to the time an ad-
journment was taken until 10 o'clock this
morning.