The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-10
ATTORNEYS GET
CONTENTIOUS IN
THE TYNER TRIAL
Dull Proceedings Enliv-
ened by Side Remarks
OF Lawyers.
WORTHINGT0N IS ALERT
Large Number of Witnesses
Examined Similar Evil
dence Brought Out.

0(AAOS IL VI & III O0ls
Spirited contentious between opposing
counsel and personal ''asides'' which
moved attorneys and even the court TO
smiles. tended TO relieve. in some degree.
the monOtony of toaay's session of the
Tyner-Barrett conspiracy trial in Grim
inal Court No. /
A larger number of witnesses was ex-
amined than at any previous session,
but much of the evidence merely reiter-
ated, in connection with other invest
ment concerns, what other witnesses
had testified to in connection with their
companies. The effect of this was TO
show 10 what large extent the Barrett
Nelms circulars had been sent out.
On several occasions counsel for the
defense put in an objection to ..leading
questions by the prosecution in the
Identification of these circulars by diff
ferent witnesses. Judge Pritchard held
that the method employed was in the
interest Of progress in the trial, and
permitted s1r. Worthington to file an ex-
ception.
Judge and Mrs. Tyner were absent to-
day on account OF the uncertainty of
the weather Mrs. Barrett and her
woman companions We're in attendance,
as usual.
Bowman Resumes.
At the opening of the session A. Smith
Bowman. secretary and treasurer of the
Southern Mutual Investment Company.
OF Lexington. KY. resumed the witness
stand for cross-examination.
Mr. Worthington's first question was
Greeted 20 clearing away the confusion
surrounding the receipt of the Barrett
Nelms announcement cards Witness
testified yesterday 10 the receipt of the
Barrett form of announcement, and said
he had seen another form later.
Mr. Worthington read some of the
specifications of the indictment at
length, ana asked the witness opinion
on the same points.
Major Conrad interrupted TO ask from
what document Mr. WOrthington was
reading. as he believed the jury might
confuse the allegations Of the indlct-
ment with testimony actually given in
the trial.
Termed an Inference"
Mr.. Worthington explained his points.
and Major Conrad replied:
''Ah, then, that is an inference OF
yours, Mr. WorthinGton: 1 just wanted
I ~ DS SHAN ti4S jury uiu HOT HlSunQer-
stand that"
Il guess the understand it, retorted
Mr.. WorthingtOn.
Well. think 1t possible they might
/ net have understood T. BEFORE" added
The Governments special counsel.
The controversy over the Identification
of the Barrett-Nelms announcements
was renewed. Opposing counsel ex-
/ nraSsad dffferapf x,iaxvs a. - - - a.
/ testimony given by witnesses yesterday
on this subject. and Mr.. Taggart review
ed what he thought the witnesses had
said.
Mr.. Taggart is altogether right. your
/ honor, except that he Is wrong" re-
Joined Mr.. Worthington.
District Attorney Beach had in hand
the verbatim testimony of yesterday S
| session and handed Il to Mr. Taggart
/ IN support of the latters review of the
matter. This led to an understanding
between counsel on this point.
Companies Classified.
/ Witness told of receiving a notice from
the Postoffice Department placing his
company in class s. of the ten classes
into which investment concerns had been
divided. He read statistics to show how
/ the expert accountant, F'lackler, en-
ployed by the department to express an
expert opinion on the methods of busi-
ness in vogue by these concerns, had re-
ported more favorably on their plan than
! the company's officers themselves claim
ed In their prospectus.
| Some time was devoted TO further in
/ quiries along this line, especially as TO
the arrangement between witness and
General Tyner as 70 closing up the old
business Of the company.
Search for Letter.
Mr.. Worthington wished to emphasize
his contention that the view taken by
the witness company was not the same
as held by General Tyner. He tried to
draw from the witness some admissions
| in support OF this contention.
! Witness declared his views were shown
! in a letter he had written TO General
Tyner, and which had not yet been
brought into the case. After much
| searching, counsel for the prosecution
could not locate the letter, ana Mr..
Worthihgton resumed the cross-exami-
nation.
Worthington Makes Comment.
Witness was loath to admit there were
other companies doing the same amount
OF business that his company did, and
Mr.. Worthington eemmented: 'Of
course. / suppose yours is better one. -
l Witness assented with smile.
] Opposing counsel had an extended dis
cussion on the point of again taking
up certain testimony given by the wit
ness on direct examination and con-
sideTed again on cross-examination.
The agreement was very cIean-cut, :"
/ finally declared the witness, referring TO
/ the understanding between General Ty-
| ner and the witness as TO the use OF the
mails for closing up the old business of
/ the company.
The witness examination was con-
/ cluded soon afterward and Bowman
/ was excused.
! George OFT, secretary of the Mutual
/ Weekly Investment Company. OF Lex
/ ington. was the next witness called He
said he had received one of the Barrett
| Nelms partnership announcements
fcontlnued o, Ninth pa.a,