The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-10-28
Despite Former Acguittal and
Extreme Age He Says He Is
Willing to Be Dragged Into
Court Again,
DESIRES. A WNDIcATIoN.
Declares Executives PrOclama
ton Convicting Him of Bribery
Is Unjust and Only High Of
flee Shields Him From
Prosecution.

| Washington. Oct. 2I.-James y. Tyner,
| formerly. Assistant Attorney General for
the Pos;-ofice Department. who was re-
| moved from Office by the President and
| later tried and acquitted on charges in
| connection with alleged postal frauds. to-
| night made public the following letter sent
by him to the President:
washington. D. c., Oct. S. 1e0i.-Sir:
Immediately after the publication of your
extraordinary proclamation last Novem-
Der, declaring me guilty. without hearing
or trial, of gross corruption, accepting of
bribes and other misconduct in office, /
filed with you an emphatic denial OF every
charge in toto, and asked for an oppor-
tunity to prove my innocence.
You ignored this humble protest. and
after / had exhausted every means Of es-
tabiishing my innocence -.inG had teen
promptly acquitted by a lily ':poI the in
dictments you caused 10 he founi against
me. again petitioned ECU To withdraw
your unEavanted procll'nitlol. OF pa;It.
EXIGENCIES OF CAMPAIGN.
'In reply to this received your secre-
unfair. and unjust, and 80 siearly owcd
Its character to the exisehcies Of yorr
presidential campaign that ! considered it
unworthy Of notice, csDe.:iailI is you
withheld II from the public. Even new l
should make no reply IL there had not re-
Gently appeared in a popular magazine
an inspired article. which uses the very
phraseol9sy Of YOU, lett;r and which is
such q deliberate tissaeaof faisehoods and
is circulated for such an evident purpose
that + cannot ignore it -s
Your unqualified statement that, was
guilty. of gross corruption and OF nc
( cepting bribes. etc. while Assistant At
torney General for the Post Office Depart
ment was not made in a message to Con-
gress,' as you now assert. Congress was
not even in session. For obvious reasons
1t was made in proclamation direct to
the public, with the usual linielight Access
sories.
DEFIANCE OF Law.
IF your statements had been made to
Congress ip the course Of and as part OF
your Official dutes-thouSh no such duty
could devolye upon the President unde.
our Constitution, as you well know-I
should not have addressed you personally;
but as you went outside your rights ard
duties as Chief Magistrate. and in defiance
Of every established principle of law, and
even without hearing or without evil
dence, rashiy and impetuously pronounced
me guilty of these grave crimes-and to
these charges lent the weight Of your
great office-I felt that you should be
given the opportunity to justify yourself
or to retract.
Your accusations are false and have
been p-oven false. but 1 have no further
means of establishing these except by
hauling you into the courts and 1 have
too much respect for the high office which
you occupy to do this. My object in writ
ing you was to give you the opportunity
TO do just and manly act, and to vindi-
cate yourself not me. l do not need your
vindication. I can face by Eternal Judge
with entire peace Of mind.
EFFORT CONTEAIPTIBLE
Your effort to override the verdict Of
court and jury by specious distinction
between the crimes you say you referred
to in your proclamation and conspiracy
to commit :.lose crimes, might be less
contemplate IL its unfairness and its in
tent were not so obvious, and If you did
not know that every act referred to IN the
Bristow report was fully before the jury
on the charge of corruption bribery ard
misconduct in Office Had there been any
evidence of wrongdoing 1t would. have been
offered and admitted. but there was none
and you know it.
In my letter to you of December . 1895.
protesting against your unwarranted
proclamation defied you to produce
scintiIla of evidence to support your ac-
cusations and prayed that my life might
be- spared to face these charges; and now
after have gone to trial and every act
Of my private and official life has been laid
bare and not particle of evidence. has
been produced against me, you seek to
shield yourself by saying that was not
tried for what you accused me of, but for
something else. That this is false. The
records show. and you know it.
READY FOR RETRLAI..
If 1 am guilty of crimes other than
those charged in the indictments found
against me. then why. was not indicted
and tried for them also? And as my life
is still spared me am ready now, ground
less and unjust as. knew your charges
are, TO stand trial. Executive pressure Sc
cured three indictments against me- may
be II can. procure others.
mo technicalisies nor peas of limitation
Will be interposed to prevent you from
proving your serious charges"
Naturally, at my age and in my con-
dition. have no desire to be again hailed
Into the criminal court. but In order 10
preserve my record Of forty years of pub
lie service untarnished, am willing to un-
dergo.. necessary. any ordeal. know 1
am innocent. and you know there is no
truthful evidence against me. And your
statements onght not to> stand
In nv severa. letters addressed to YOU
1 merely determined what conceived 70
be my Fights as an American citizen.
am .ask.ns no favorst wanted neither
your sympsthy nor that. of a. jury. but as
for eighty years OF my life tried to do
right unto others. so 1 hoped that Won
might do right unto me. =
II any citizen Of our Republic. can
stand convicted BY presidential proclama-
ton. then Law Is farce and no mans
reputation Is safe You preach a souare
deal to every man. Why not practice II?
Asking that .this protest may be died
r. a. . =