Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-06
GROWS IN INTEREST
Tyner-Barrett Trial in Grim
nal Court No. l.
PROSECUTION ACTIVE
BARRETT'S SERVICES SAID TO
HAVE BEEN In DEMAND.
Secured Favorable Ruling From Gen.
Tyner for Fee of $500
Attendance Large.

The trial Of James N. Tyner and Harrison
]. Barrett on the charge of conspiring 10
defreud the United States, an outcome of
the Post Office Department investigation.
took on ;t-more interesting turn today than
heretofore. The -prcsecutio. moved away
from prosaic documentary and technical
evidence, the Introduction of which has
Consumed most of the time of the court
since the trial was started. and approached
rearer the meat of the cocoanut, so to
speak Very gradually. just what is the
real charge against the defendants is begin
ming to he unfolded before the jury.
j. Hanning Nnims formerly an attorney
of Lexington. Ky, and Baltimore. Nd,
who took the stand just prior to adjourn
nent yesterday afternoon, was under eX-
animation for more than an hour this morn
ing. MIR. helms appeared in ministerial
garb, FOR he is now student at Canadian
theological seminary After Mr.. Barrett re-
signed lis pos ton as assistant attorney in
the office of the assistant attorney general
for the Post Office Department. he engaged
In practic as member of firm of which
Mr. Nelms. was the other member.
Mr. helms later withdrew from the firm
and gave up the practice of law in order
to pursue the study of theology.
Barrett's Law Partner.
The government called him as a witness
for the purpose of proving the partnership
contract entered into by himself and Bar
rett. and particularly to show what it con-
siders significant point. that the terms
of the original contract provided that Mr..
helms should turn over to Mr.. Barrett an
annual salary of 81. 900 that was paid Mr..
Nelms by bond investment concern as its
counsel. The cross-examnation of Mr..
Nelms was devoted to showing that the for
partnership
proper and that Mr.. Barrett had not done
anything that was not legitimate
Mr. Nelms asserted that he would not
have entered into the partnership contract
had he known at the time that Mr. Barrett
had written the opinion affecting bond in
vestment concerns, for. Mr. helms said he
believed that Mr.. Barrett's opinion was de-
Structive to such concerns.
The prosecution also produced a witness
today who testified that Gen. Tyner had
recommended Mr.. Barrett to him as an
the services of Mr. Barrett the fee being
1000, and that Mr.. Barrett secured from
Gen. Tyner ruling in favor of the COM
pany. Gen. Tyner acted in the matter on a
showing made by Mr.. Barrett ION his honor
as an attorney and Il gentleman"
Another witness. who was counsel for
bond debenture company of Toledo, Ohio,
testified that he had seen a card announc-
Ing that MIR. Barrett intended to resign his
position and engage in practice before the
Post Office Department.
Gen. Tyner Present.
The defense explained that it had admit
ted that Mr.. Barrett, after resigning from
the department. had represented about
thirty bond investment companies before
IT, Further, it was repeated that the de-
Tense emphatically denies that Mr. Barrett
mad sent his announcement cards to bond
investment concerns.
zen. -Tyner- was in court when the pro-
ceedings We're resumed this morning and
ne remained throughout the day. He was
made as comfortable as possible in the
motifs chair provided for his use and was
protected from drafts of air by a large
screen. The invalid defendant was fire.
quently consulted by his attorneys Messrs
Northington and Hershey
Mrs 'Tyner sat beside her husba I'D and
gave him every needed attention Mr.. Bar-
rett was active at the counsel table. and
ms wife and the ladies who usually accom-
pany her were on hand
The attendance was much larger than on
any preceding day of the trial the court
room being comfortably filed
Objections were numerous and the pro-
ceedings were enlivened by some good
natured exchanges between counsel
When the trial was adjourned late this
afternoon 1t was announced that the pro-
ceedings would not be resumed until next
Monday morning at 10 o'clock