The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-24
TYNER'S FATE WITH
JURY TOMORROW
Arguments on Prayers Are
Heard This Afternoon.
INSTRUCTIONS DISCUSSED
Notable Trial Drawing to a Close.
Distinguished Talent on Both
Sizes.

Arguments 70 the jury in the Tyner-
Barrett conspiracy case are in progress
this afternoon in Criminal Court No l,
before Judge Pritchard. This presages
the ending of the case late tomorrow
afternoon, two days earlier than was
ANTICIPATED.
District Attorney Beach took up the
first part Of this afternoons session
with the Governments first speech, re-
viewing what the prosecution claims to
have shown by the evidence adduced
from its own witnesses and such admis-
sions as were gained from witnesses
subpoenaed by the defense.
He was followed by o. f. Hershey, as
sistant counsel for the defense, who pre-
| sented the opposite side Of the case, and
replied to Mr.. Beachs contentious He
spoke until the hour Of adjournment.
Closing Speeches Tomorrow.
The main plea for the two defendants
Will be made tomorrow morning by their
| principal counsel, A s. WOrthington.
| His address will probably consume the
| entire morning session. Whenever he
| concludes. Holmes Conrad, special coun-
/ sci for the Government, will make the
/ final argument of the series. claiming the
same amount of time as taken by Mr..
! Worthington.
Judge Pritchard will then deliver his
/ charge to the jury and the case will
! go beyond the walls of the courtroom,
where. for four weeks past, it has been
| fought back and forth by able lawyers
The prosecution has awaited itself Of
the services of Major Conrad. District
Attorneys Beach Hugh T. Taggart. and
Charles A. Keigwein, while the defense
has had the services not only of A S.
1 Worthington and o. F. Hershey. but Of
Harrison J. Barrett as well.
General Tyner was in court early to-
/ day and listened intently to the argu-
ments OF the opposing attorneys. AS a
lawyer Of note himself. he heard with
due appreciation the fine points made
/ by his own counsel and the distinctions
drawn bv the Governments attorneys.
Arguments on Prayers.
The entire morning session today was
consumed In arguments by opposing
counsel on the prayers to the court. de-
filming what the attorneys wished to
have included in the charge TO the jury.
Nearly two hours, time was occupied
by these final arguments for the court S
consideration.
The prosecution and defense each sub
mitted eleven prayers. The court at
once, in order, disposed of all but one
on which final decision was reserved.
Opening of Session.
At the opening OF the morning session
; the jury was excused until sent for. but
! instructed to remain in the building. The
arguments for Instructions to the jury
! were then taken up.
Major Conrad argued for an instruc-
? tion to the jury that Il was the Post
master Generals duty. upon being in
formed OF the illegal use Of the mails
to Issue a fraud order Immediately. He
contended that the use OF the words
may issue" should be regarded as
must issue in all cases where viola
, ton Of the postal laws was shown in the
official evidence at hand. The instruc-
ton is mandatory. he declared.
Modified by Court.
This plea was disputed by the de-
Tense. with two arguments-first. that
the Postmaster General was empow-
cred to delegate to the Assistant Attor-
ney General his authority to investigate
. fraud order cases; second. that the
words may issue" are permissiye not
: mandatory. comforting discretionary
. powers upon the Cabinet officer.
Inc ulbcussloH was ptOloibtu' UNI
Judge Pritchard finally suggested that
: the prayer be modified AS thus amend
ed IL was thereupon agreed to.
The Governments contention was elab-
} Grated by Major Conrad. in an i'm
prcssive manner He emphasized his
| views by gestures. which shook hi.
? muscular frame from head to foot.
Opposing Counsel Clash.
Major Conrad's address to the court
was followed by a similar one by Mr.
Worthington. in opposition. Aftel
speaking at some length, he exclaimed
Il now make bold 10 say that tn
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