Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-02
Second of Cases Arising From
Post Office Investigation.
CONSPIRACY CHARGE
HEARING DELAYED TO SECURE
GEN. TYNER's ATTENDANCE.
Two Indictments Consolidated for Pur.
pose Of the Trial-Impanel-
Ing the Jury.


today before Justice Pritchard, in Criminal
Court No. l. The defendants are James n.
Tyner, formerly Postmaster General of the
United States, and Harrison J. Barrett, a
nephew of Gen. Tyner's wife. Mr.. Barrett
was assistant attorney in the department
when Gen. Tyner was serving as assistant
attorney general for the same. They are
under indictment for conspiracy under Sec
ton $40 of the Revised Statutes of the
United States, as amended.
When Justice Pritchard entered at 10
o clock this morning he faced wel-filled
court room and brand-new Morris chair.
the latter provided with cushions of a brill
liant hue. Just outside the entrance door
way he passed a rolling chair, fresh from
a local store.
These articles Of furniture were intended
for General Tyner, who It was stated, is in
very poor condition physically. They,
however, were empty. At the counsel table
were Mr. Morgan H. Beach, United States
attorney for the District of Columbia; AS
sistant United States Attorney Charles A.
keigwin, and Maj. Holmes Conrad, special
counsel for the government, and Attorneys
A. 8. Worthington and o. F. Hershey As
sistant United States Attorney Hugh T.
Taggart, who figures prominently In the
prosecution, was called to his home because
of illness in his family. Mr. Barrett was on
hand, as was his wife and another lady.
Temporary Delay.
Attorney Worthington, of counsel for the
defendants. desired to proceed with the i'm
paneling Of jury In the absence of Gen.
Tyner Then it developed that the defend
ant mentioned had not been arraigned I'M
der the two indictments pending against
him. so Justice Pritchard directed that he
appear in court. Attorney Worthington.
after making use of telephone, reported
that an hour would be required to get Gen.
Tyner ready to leave his residence. as
Attorney Worthington had an engagement
at II O'Clock before the Senate committee
at the Capitol In connection with the Reed
Smoot case, a recess of the court was taken
until 20 o'clock this afternoon.
The trial promises to continue for several
weeks In conversation with Attorney
Worthington, Justice Pritchard remarked
that he intended to push the trial rignt
along, as it was his desire to assume his
new duties as United States circuit court
Judge the first of next month.
1T is very possible that we shall not mn
ish this trial in a month suggested At
torney Worthington.
.'Then I shall have to stay here untli we
do. added Justice Pritchara, nut ronid d1,,
very anxious that we proceed as rapioa ~
as Is consistent with the proper nearing VI
the cause.
Jury Panel Examined.
Within twenty minutes the regular panel
of iurors of Criminal Court No had been
examfned The government challenged
N.ssrs. George A. Gheen, Morgan d. Lewis.
Charles n. Thompson Edward e. King.
Jeremiah Mackessy. William J-1Palmer ana
William P. Colley.
The defense challenged Messrs. Henry
Baum. J. A Holcer William NJ CARING
ton. Joseph F. Saum. Richard Hartne'I
Irwin J. French and Charles Scnnepel; .s
Norman L. Sansbury was challenged FOR
cause.
Remaining seated in the jury box at the
hour of adjournment, but each subject 70
peremptory challenges were Messrs. Rich
ard A. Walker, Randall H. Hagner, john
NJ Allen Eugene NJ. Nichols. Charles T.
Clagett, Marshal Overfeld, John r. Eng
fish, Charles II. Fred, Lincoln W. Burkett.
William F. Hart and William H. Clarke.
The examination Of the jurors was most
unusual for the reason that none of those
examined, with the exception of Mr.. Sans
bury, had formed an opinion regarding the
case. Mr.. Sansbury explained that he had
not formed an opinion regarding the Ty-
ner-Barrett case. but had done so in re-
gard to other Post Office Department cases.
Counsel on both sides, under the, circum-
stances, thought it best that he should be
challenged for cause.
Additional Tales1nen Ordered.
Justice Pritchard directed that the mar
shall summon forty additional talesmen to
report at 10 o'clock tomorrow morning. AS
ca CHI side has at its disposal only three more
challenges 1t is believed that a jury will
be secured within half an hour after court
convenes tomorrow.
Just prior to adjournment Attorney
Worthington requested that Gen. Tyner be
not required to attend court constantly
throughout the trial, because of his physi-
cal condition.
81 Fnr ho
government remarked that while he was
of the belief that the prosecution could
not legally waive the requirement that the
defendant mentioned be in attendance, he
thought that all that was necessary was
to have the record show that Gen. Tyner
was present.
Justice Pritchard will not require the
constant attendance of Gen. Tyner In
court.
The introduction of testimony will very
likely be begun shortly after IL O'Clock
tomorrow morning.
Gen. Tyner in Court.
lust before the end of the recess Gen.
Tyner appeared seated In rolling chair,
and accompanied by his wife, a physician
and a colored attendant. The former Post
master General was made comfortable in
the Morris chair.
When the proceedings were resumed
United States Attorney Beach formally
moved that the defendants be arrafgned
under the indictments reported against
them. The reading OF the true bills was
waived. Mr.. Barrett first said. Not guilty
to the usual query propounded by the clerk,
and then Gen. Tyner entered a plea of
not guilty.
At the suggestion of the United States
attorney. concurred in by the defense, the
two indictments were consolidated for the
purposes Of trial. and the duty of impan-
cling jury was begun. United States At
torney Beach made a brief statement of
the case for the information of the tales
men.
Indictments Practically Alike.
The recitals OF the indictments against
Tyner and Barrett are identical. save in
respect of the particular offense which is
made their predicate In one the conclu-
sion is that the defendants "unlawfully
did conspire. combine, confederate and
agree together to defraud the United
States:" while in the other 1t Is "to COM
nit an ofrense against the United States
that Is to say. the offense of misconduct
on the part of him the said James n. Ty-
ner in his said office Of assistant attorney
! general for the said Post once Depart
ment to be done and committed by him
4