The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-03
JAMES \. YNER, old AND
FEEBLE, IS CARRIED INTO
COURT IN INVALID CHAIR
With His Nephew, Harrison J.
Barrett, He Is Arraigned
for Conspiracy.
BOTH PLEAD NOT GUILTY
Trial to Proceed Without the Pres
ence of the Venerable Stricken
Indianian.
SYMPATHY IS EXPRESSED
Friends of Mr.. Tyner Say He Is
Innocent OF Intent to
Commit Wrong.
BOTH PLEAD NOT GUILTY
SYMPATHY IS EXPRESSED
specIaI o the InaIanapoIIs journal.

special 70 the indianapolis Journal.
WASHINGTON, May flames y. Ty-
ner, OF Indiana, former postmaster general,
first assistant, second assistant, and later
attorney general for the department. bowed
with age and humbled by humiliation,
hopeless paraIytic, was brought into the
criminal branch Of the District Supreme
Court to-day TO answer an indictment
charging him with conspiracy to defraud
the government of the United States Phys
ically incapacitated, his mental faculties
alert and active. this venerable man was
carried into court to answer a criminal
charge brought by the government he had
served more than forty years. Mr.. Tyner
was unable to walk. and was carried into
the room in an invalid's chair by four dep
uty marshals- No more pathetic sight has
been seen in a court here for many years.
That Mr. Tyner was painfully conscious
of his position was evident by his pitiful
bearing and the deep misery depicted on
his countenance. He was accompanied by
Mrs. Tyner, who has steadfastly asserted
the innocence of her husband from the
hrst Nothing but the deepest sympathy
is felt for the aged defendant
Proceedings would never have been in
stituted against him." Postmaster General
Payne was heard 10 exclaim some days
ago. IF 1t had not been absolutely neces-
sary in the prosecution of Others" This is
the universal expression against the au-
thorities of the Postofice Department.
Mr. Tyner is widely known among public
men. and during the severe illness which
followed his indictment he had many prom
lnent callers at his house. among them
Senator Hoar, of Massachusetts. Mr.. Ty
ner was member of Congress from In
diana years ago. and has filled nearly
every position of responsibility in the postal
service. AS a member of the House he
drafted the law creating the position of
assistant attorney general which he filed
with signal ability for many years
The misfortune that has overtaken him
In his old age is laid on the shoulders of
others His friends express strong faith in
MS integrity as an official and assert vehe-
mentiy that If there is anything wrong in
his record he erred without knowing it,
THE CHARGES
Harrison j.. Barrett his nephew is iointIv
indicted with General Tyner There are
TWO indictments against the defendants
They are practically the same and have
been consolidated for the purpose OF speedy
trials In one of the indictments it is said
~
conspire. combine confedei te and agree
together to defraud the United States" In
the other the offense is that they CON
spired. 10 commit an offense against the
United States. that is to say. the offense of
misconduct on the part OF him Cryner -
III Is explained In the indictments that IL
was the duty of Tyner. assistant attor-
ney general for the Postoffice Department.
10 investigate all cases of She use of the
mails by persons suspected of being en-
gagged IN the prosecution of lotteries and
fraudulent schemes that might be brought
10 MS attention by reference from the
postmaster generals or otherwise IL is
also said that Barrett, as law clerk i'm th,.
ONCE OF the assistant attorney general.
should nave assisted him i'm this duty that
Barrett determined 10 resign from his no.
sition Dec. 81 1850. and had agreed with
one J: Henning Nelms to enter into a part
nership with view of representing before
the Postofice Department persons using the
mails IN the prosecution of schemes and
plans OF business which then and here
after might be under investigation by
Tyner. The specific charges against the
defendants is that they conspired To hold
up investigation by the Postoffice Depart
ment In certain matters until after Barrett
mad severed his connection with the de-
partment and entered actively into part
nsrship with Nelms Justice Pritchard in
dicated to-day that he would not require
the constant attendance of General Tyner
~ the trial.
The work of securing jury had begun
when the discovery was made that neither
OF the defendants had been arraigned
Barrett was i'm court. but the venerable
FORMER postmaster general now in his
seventy-sixtn year. was not present his
counsel having waived all formalities un-
IA the jury had been completed in order
TO save his strength. Owing to the feeble
noeith of General Tyner. IL was announced
that IL would take several hours to get
him into court. Justice Pritchard there
upon directed a recess
When court met for the afternoon ses-
sion General Tyner brought i'm i'm
an fnvalid's chair He was accompanied by
his wife. an attendant and his physician.
the latter's presence being deemed neces-
eary because OF the fear that the aged de-
fendant might collapse under the strain
Counsel for the defense waived the read
ing OF the Indictment. and the two men
pleaded not guilty. The work of complet-
ing the jury then resumed With
three challenges left to each side the panel
was exhausted. and court adjourned until
tomorrow.
Justice Pritchard, after comforting with
counsel. announced that owing to the in
firm condition of General Tyner he would
not be further required to attend court.
and that the trial would proceed without
him.