The Montgomery advertiser., 1904-05-19
TIMER TELLS STORY
HE DENIES THE ACCUSATIONS OF
 CONSPIRACY.
Aged Defendanf's Answers Are Almost Inaudible, But His Mind Seems to Be as Clear as Ever-Brandy
 Given Him.

Washington, May 1S.-Seated in an in- jury. James N. Tyner. the aged defen- dant in the Tyner-Barrett conspiracy case today denied the accusations on which he and his newphew were indicted in connection with their duties as law of ficers for the Postoffice Department.
 In the examination conducted by MT. Worthington for the defense General Ty- ner's answers were unhesitating. His diction was perfect and apparently his understanding as clear as ever, though his speech was nearly inaudlble. Fre- quentlyI when the examination branched to charges of collision between the two defendants to perform some dishonest acts, tears streamed down General Ty- ner's face and brandy was used to restore the witness to composure sufficient for him to continue.
 MT. Wellington told him to rest when he liked, but the witness answered: T will get through with 1t if I cam
 When he concluded he was taken to his home. for Major Conrad. special counsel for the government announced that he would not take the responsibility of cross examination.
 The first direct examination of the witness on matters closely related to the charges in the indictments was as to General Tyner's reasons for select ing MT. Barrett to write the opinion of bond investment cases. General Tyner said there were two or three reasons. Among those he gave was that an at- tempt had been made to get an opinion from the Department of Justice, but the Attorney General. Mir. Griggs, was Af.t. -Is A~ ~ ~IrA &I- question. As the plans of the compa- nies were radically different. General Tyner said such an opinion would be of no aid in determining the questions be- fore the Postoffice Department. Failing to get the cases passed upon hy the Attorney General. the witness said he took the matter up with the Postmaster General and informed him that 1t would be necessary to settle the question in the department. General Tyner said he then suggested Mir Bar rett for the task and that the Postmas- | ter General concurred in the selection The witness asserted that Mir. Barrett had charge of the bond investment cases and that therefore he was best fitted for the work. He said he, want ed to repeat the opinion today. According to General Tyner the question of preparing a general opinion on bond investment cases came up ir June or July. 1900, and the question of | the retirement of Mir. Barrett from thE | Department was not mentioned until October or November following, and there could have been no connection between the two occurrences. T en. couraged Mir. Barrett in his idea ot leaving the Department" said Genera Tyner. q told him not to follow my
 example and be a postofice clerk al
 his life"
 Mir. worthington, in examining thu
 witness said:
 Tt has been charged here that yo, l approved the Barrett opinion in ordel | to drive the bond investment compa nies affected thereby to Barretts em ployment. What have you to say tt
 thatT
 l Absurd
 General Tyner testified in regard t' | the taith of all parties to the test sui | filed in Missouri
 1 At the conclusion of General TynerI | testimony, Harrison J. Barret, the oth
 CT defendant in tho case was put ol
 the stand.
 MT. Barrett went into the procedure | in the office of the Assistant Attorne! General for the Postoffice Departmen
 to show the general practice in regart
 to the issuance of fraud orders Hi testimony was of a character so tech nical that it could be understood onl!
 by students of the bond investmen companies plans of business
 Mir Barrett did not complete his tes timony today. Adjourned until tomor row.