Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-10
MR.. BOWMAN RESUMES.
Continuation of Testimony in Tyner-
Barrett Trial

A Smith Bowman. secretary and general
manager of the Southern Mutual Invest
ment Company of Lexington, KY, again
appeared the witness stand when the
trial was resumed this morning. Mr.. Bow
man, late yesterday, testified that his COM
pany paid the firm of helms apd Barrett
$50 a month for legal services during 1901,
and paid Barrett 81 100 for the year 1902
The examination of Mr.. Bowman was in
progress up to few minutes before the
hour an adjournment was taken until 10
o'clock this morning. His cross-examinatio ton
vas suspended in order 20 permit Mr..
Charles ]. Bronson, president Of the South
ern Mutual Investment Company. who was
anxious to leave this city yesterday to tes
tify. He stated that his company had re-
ceved cards announcing the formation of
the Nelms-Barrett partnership
Mr.. Bowman this morning was cross-ex-
amined at length, and number of letters
written by him were read, the OBJECT OF the
defense being to show that one of the south
ern Mutual Investment Companys con-
tracts that had been verbally approved by
General Tyner was not intended by the lat
ter to be put to permanent use, and was,
in fact, used only temporarily.
On redirect examination Mr.. Bowman was
required to again give the details In con-
nection with General Tyner, authorizing the
witness company to use the malls In CLOS
ing up its old plan of business. The de-
Tense insisted that the prosecution was go
ing over the same ground time and again. and
an exchange between counsel followed 1t
was termina ted by Justice Fritchard insist
ing that some progress be made.
The prosecution next called as witness
George B. OFT, secretary OF the National
Weekly Investment Company OF Lexington.
XIV He testified that his company had re-
ceiyed a card announcing the formation OF
the Barrett-Nelms partnership.
A great many questions were asked Mr..
OFT in reference to fraud order issued
t.;s and a
nv the company to have the order revoked
by the Post Office Department. Nelms and
Barrett had been in the employ or the
company. 1t was difficult to grasp the
relevancy of the testimony. The defense
asked leave to postpone the crOss-examf-
nation of Mr.. OFT and to recall him later,
after counsel should have an opportunity
to confer with their clients regarding the
matters stated by Mr.. OFT.
John w. Britton. who was connected with
a loan investment company of Cincinnati,
Ohio. next appeared as a witness. His
company. he testified, received copy of
the Barrett opinion of December, 1900, and
also a card announcing the formation of
the Barrett-Nelms partnership.
Additional Testimony.
The next witness, M. G.. Watson who
was connected with loan investment COM
pany of Huntington, w. Va. gave testi-
mony substantially similar to that of Mr.
Brttton.
Elmer ]. Miller, a member of the board
of directors of the Ohio Debenture Com
pany of Columbus. Ohio. the next Witness
told of the receipt by his company Of
circular issued In connection with the Bar
rett opinion of December 5. 1900. and of
card announcing the formation of the Bar
rett-Nelms partnership. Later Mr.. Miller,
with the others, came to this city. They
saw Mr.. Barrett at the Post Office De-
partment, and December 81. 1900 met him
in Baltimore. Mr. Barrett told the witness
that he would sever his connection with
the government January 1, 1901. and would
then be In a position to help the company
at the department.
Mr.. Miller Recalled.
After the usual midday recess Mr.. Miller
again went on the witness stand. The de-
Tense showed that the witness had teIe-
graphed Nelms and Barrett early one week
to secure from Gen. Tyner Immediately a
ruling in regard to the witness company.
which ruling, 1t had been stated. would be
made Friday of that week
A letter from Mr.. Barrett to the witness
in reply to the telegram was read in evil
dence. In IN Mr. Rarratt forth that he