The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-22
Court and Counsel Are
Working to This
Result.
WEDDING OF A JURYMAN
Cross Examination of Har-
riSon Barrett Will Con-
tinue Tomorrow

The Tyner-Barrett conspiracy case
trial will be concluded, according TO
present indications, by the end OF the
coming week The court, the opposing
attorneys. the jury. and the two defend
ants are all equally DESTROYS Of termi-
mating the case by that time, and, IN
less there should be some unforeseen
delays. the verdict is likely 70 be known
one week from today.
The coming weeks program, as now
outlined. is to continue tomorrow the
cross-eXaminauon Of Harrison J. Bar
rett. one Of the defendants. and IL pos
sible conclude it late Monday after
noon or Tuesday Then will follow the
summing up by the opposing counsel.
the prayers to the court on the points
each side wishes to have emphasized.
and the courts charge TO the jury. The
case will be given to the jury. iii is
thought. by Friday.
Might Run Into June.
Much evaporation will be felt by
some Of the participants in the trial
should these plans fail. The details of
the case have been threshed out through
three weeks of court already, and to-
morrow will mark the beginning OF the
fourth. As the following Monday is
holiday, Decoration Day. any unforeseen
delay would carry the case over into
the month of June.
Apart from the irksomeness Of any
great prolongation of the trial. after a
months session. such delay would
prove most disagreeable to one Of the
members of the jury. whose wedding
day has been fixed, according to a court
room rumor. for the first day Of the
~ q
an inquiry was made to the court. in
the first week OF the trial, by District
Attorney Beach, and the courts reply
was 10 assure the Juryman that the
trials end was expected by that date.
Barrett to Continue.
When the trial IS resumed tomorrow
Mr.. Barrett will continue his testimony
on discrimination. from the point
reached yesterday. which related to
witness employment by the Mutual
Fidelity Company Of Delaware The
witness had been on the stand all the
morning, under cross-examination by
Major Conrad Because Of the Saturday
half-holiday regulation. the session end
ed at noon.
Anxious to Explain.
Barrett's testimony yesterday indicat-
ed his desire 70 speak fully on all the
questions propounded 10 him by the Gov
eminent S special counsel In this. how
ever. in the opinion Of many persons, he
went into much greater detail than was
necessary.
In all his testimony he was. quite evi-
IDENTIFY, lawyer first and witness after
ward His replies indicated a desire to
prove equal 70 Major Conrad as a le-
gal strategist, rather than TO make the
briefest replies. consistent with accu-
racy, and maintain the usual noncom-
blatant attitude Of a lay witness
This was due, Of course. to HIS eager
ness not TO appear evasive or DESTROYS
OF concealing anything. He showed an
entire familiarity with letters. docu-
ments, and facts. and il was probably
due to his confidence in this respect that
his responses became argUmentative and
complex.
Several verbal exchanges between ,ae
witness and Major Conrad emphasized
the formers legal frame Of mind. These
passages were such as constantly occur
between the opposing counsel. but not
between witness and CroSs-exarniner. Al
one time Barrett assured Major Conrad
the latter need not caution him as TO
the nature OF his replies.
LeBdHJy ana EXpediency.
= searching inquiry into the subject
OF fraud orders marked the opening OF
Major Conrad's cross-examlnation YES
tcrday. The witness. I'm explanation OF
the changed methods Of procedure when
General Tyner succeeded General
Thomas in 1897. drew a sharp line be-
tween considerations Of legality and ex-
pcdieHcy in such determination by the
department officials.
Witness explained a view previously
expressed by him. on direct examination.
In respect to fraudulent use Of the mails
BY schemes OF an Objectionable nature
He did not then, or now, believe the
best way 20 handle such concerns would
have been 70 issue a fraud order and
crush the company out OF existence.
The remedy would have been worse
than the disease, in the view Of the wit
ness. since the chief sufferers would
have been the small investors, whose
money had been put into the Investment
companies IN good faith.
Undoubtedly the Government has the
legal right to issue such fraud orders
at any time. but ] doubted SIS exUedi-
ency.' declared the witness.
Rulings Compared.
ltneSS ulu not recall any previous
opinion similar 70 the one he had pre-
pared. The policy OF Judge Thomas.
Tyner's predecessor. had been to permit
a long term of years for companies 20
close up their old business. OF transfer #
70 new certificates.
Major Conrad did not care 20 dwell on
exceptions. but on the general rule Mr.
WOrthington made an argument TO per
init the witness TO explain the excep-
tons
This in turn brought Major Conrad TO
his feet and be said.
1t does not disprove a fixed rule by
showing sporadic cases I'm which the
rule was not closely followed l have
asked the witness 10 point out any
official declaration OF Judge Thomas.
disprOving the custom / have stated as
the prevailing one Of that office
The court expressed the view that the
witness should explain to what extent
the exceptions occurred.
The witness thereupon got from his
file OF duplicates Of official papers
letter bearing on decision Of Attorney