Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-18

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| drafts of orders to him. Gen. Tyner added.
| was the late jeremiah NJ. Wilson.
did you receive any financial considers
| ton in connection with the decision In that
case?" Attorney Worthington wanted to
know.
Both United States Attorney Beach and
Maj. Conrad fastened to say that the In
dctments do not allege that Gen. Tyner
was benefited financially the result OF
| the actions by him that are charged to have
| been improper.
| Tyner endeavored. in February. 1901. to
have experts employed in order that bond
| investment concerns might be under con-
slant control by the department
| Mr.. Bristow thought that the regular
| inspectors could do the work. The wit
ness told Mr.. Bristow, he said. that II Mr..
Bristow should study the subject of bond
investment concerns for six months he
then would not know anything about it.
Finally the Postmaster General had Mr..
H. Morgan of Gen Tyner's Office appointed
an inspector.
Gen. Tyner admitted that he had said
to Mr.. Spenny, as had been testified, that
| there was no lawyer in the United States
better equipped to handle bond investment
cases than was Mr.. Barrett.
Il repeat It here" Gen. Tyner added.
The witness further said that the rail-
road officials to whom he wrote. recon-
mending Mr.. Barrett. were his close per-
Again Gen. Tyner was given a stimulant.
The situation was enlivened by Major Con-
| rad, who said:
DO not give Mr.. Worthington q sumu-
liant. He does not need one.
Declaration Of Good Faith.
Further. Gen. Tyner declared that he had
| acted in good faith in the matter Of the
test cases that had been referred to at
| length during the trial. He also testified
| that the recommendations of inspectors
| were not always followed for the reason
%L-A -n,,I
| orders depended largely on legal knowledge.
The witness would not deprive any per-
| son of the use of the mails unless the law
warranted such q course.
The witness said he decided that the
business carried on by Arnold & Co. of st.
| Louis was neither a lottery nor a fraud.
| In rendering that decision he acted in good
| faith.
| He did not know what fee Mr.. Barrett
| received from the company. The witness
| not fnfrequently gave companies the OPP
portunity to amend their plans. so as. to
| fall within the requirements of the law.
Mr.. Barrett's Testimony.
MIR. Barrett related that he was born in
| this city, and remained here until he at
| tanned the age of nine or ten years. when
| he went abroad with his parents and at
| tended school in Paris for five or six years.
| after which he returned to this city He
was employed by an express company in
| New York for a short time, and then came
( to this city to accept a position In the su-
| pervfsing architects office. When General
| Tyner was appointed to the Post Office De-
I partment at the beginning of the Harrison
! administration, the witness went with him
| as his stenographer and secretary. Later,
| Mr.. Barrett said. he was compelled to go
| to the mountains of North Carolina for his
| health.
Continuing. Mr.. Barrett testified that he
| studied law and was appointed law clerk,
! ana then assistant attorney in the office
| of the assistant attorney general for the
| Post Office Department. The relations of
| the witness with General Tyner have been
| of the most intimate character. he said,
| General Tyner having been to all intents
| and purposes a father to him.
1t was the custom of Judge Thomas. who
| was General Tyner's predecessor as assist
| ant attorney general for the Post Office
| Department to issue fraud orders without
giving notice to the parties against whom
| such orders were issued. according to Mr.
| Barrett
| The witness gave In detail the reasons
| why the office of the assistant attorney
| general adopted the practice of giving GER
| tain companies opportunity to amend their
| schemes to comply with the law before is
suing fraud orders against them. Mr.. Bar
| rett said he could not recall a single in
| stance of the Postmaster General having
| reversed the action OF the assistant attorney
general for the Post Office Department.
The witness knew of instances of AS
sistant Attorney Robb having recently per-
mitted bond investment companies to
| amend their plans so that the latter would
meet the requirements of the department 8
/ rulings
Mr.. Barrett asserted that the office did
| not accept the recommendations made by
| post Office inspectors conclusive. It was
the duty of the INSPECTORS, the witness
| pointed out. to gather the facts, while it was
| the duty of the Office of the assistant at
| torney general for the Post Office Depart
| ment to pass upon the legal questions in
| volved
Practically Closes the Defense.
| 1t was learned this afternoon that tho
| testimony of Mr.. Barrett will practically
| close the case for the defense. Only two
| or three additional witnesses will be called
| to testify, for a few minutes each, in behalf
of General Tyner and Mr.. Barrett. There
| fore. 1t may be said that the end Of the trial
| Is in sight.
| The direct examination of Mr.. Barrett
was resumed after the usual midday re-
cess. He told IN detail of matters that had
| already been gone over by other witnesses.
! and made explanations of the practices
followed by Gen. Tyner and himself when
they were. respectively, assistant attorney
| general for the Post Office Department and
assistant attorney in that office. Incidents
recited by the prosecution as incriminati ting
| the defendants were made to appear by
Mr.. Barrett as entirely innocent and proper
The examination OF Mr.. Barrett was In
| progress up to 3 o'clock. when an adjourn
ment was taken until 10 o'clock tomorrow
morning. at which hour Mr.. Barrett will
| proceed with his testimony.
Proceedings Yesterday Afternoon.
The session yesterday afternoon con-
tinued until long after o'clock, the
usual hour for the adjournment of court
After The Stars report of the trial closed
| Mrs. Barrett. wife of the defendant Bar
rett, testified that she addressed the en-
velopes in which were Enclosed the cards
her husband sent out announcing the for
nation of the legal firm Of helms &
| Barrett.
Mr.. Barrett supplied her with the list of
names, she said. Mrs. Barrett said that
| none of the cards was sent to bond invest
ment concerns. This testimony contra
diets the prosecutions contention that
| Barretts announcement cards were sent to
| concerns of the class mentioned
Justice Barnard of the District Supreme
! Court was called as witness. He testi-
| fed regarding Gen. Tyner's good reputa-