Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-18
IN HIS OWN BEHALF.
Gen. Tyner Goes Before the
Jury as Witness.
TWO HOURS ON STAND
DRAMATIC EPISODE IN CON-
SPIRACY TRIAL TODAY.
Co-Defendant Barrett Also Gives Test1-
mony-Summary of the FVi-
dence Adduced.
TWO HOURS ON STAND

Tho Tyner-Barrett conspiracy triai III
Criminal Court No. took a dramatic turn
this morning. when Gen. Tyner appeared
before the jury as witness in his own be-
half. Notwithstanding the extreme in
cemency of the weather. the aged and
sorey afflicted defendant was taken to the
city hall through the heavy rain and, seat
ed In a rolling chair. was placed directly in
front of the jury The giving OF his testi-
mony required nearly two hours Gen.
Tyner could not speak above a whisper.
and Ii was necessary for the court stenog-
rapher. seated close to the witness, to re-
peat nearly all of his answers before the
jury could grasp the same.
AT the conclusion Of the direct examina-
ton of Gen. Tyner. which was conducted
by Attorney Worthington. Maj. Conrad.
special counsel for the government, an
nounced:
I'VE are not willing to take the respon-
sibility OF taxing Gen. Tyner with cross
examination"
Frequently while he was testifyng It
was necessary to give the witness medicine
and stimulants. His physician. DR.. Sewers.
was In court and watched the patient close
ly. Mrs. Tyner was also very attentive.
Several times Gen. Tyner was overcome by
emotion and gave way to tears, presenting
pathetic picture. When he had con-
cluded his testimony he was taken imme-
diately from the court room, and driven to
MS nome without unnecessary delay.
Mr.. Barrett, the other defendant, fol-
lowed Gen. Tyner as witness and was on
the witness stand during the greater por-
tion of the remainder of the day.
Course of Questioning.
Attorney Worthington first inquired of
Gen. Tyner why the latter had asked Mr..
Barrett to prepare the opinion of December
8. 1900. The reply that the department
needed, very promptly, opinion suffi-
GENTLY broad to cover all the phases of the
bond investme question. 1t was a diff
cult matter to draft an opinion of the
breadth desired. and 1t was the custom of
the Department of Justice to pass upon
only one important question at a time Mr..
Barrett was thoroughly familiar with the
bond invest ment question: knowing Ii from
start to finish. Gen. Tyner said he con-
yersed, incidentally. with Attorney Cen
eral Griggs in reference to having the De-
partment of Justice prepare the opinion.
Mr.. Griggs. however, was disinclined to
take up the subject.
Gen Tyner declared that he was informed
by Mr. Griggs that it was the business of
the assistant attorney general for the Post
Office Department to make his own rulings
II was suggested by Mr.. GriggS that he
might ask the Postmaster General to direct
Gen. Tyner to draft the opinion and submit
IT to the Department of Justice for re-
vision
Continuing, Gen. Tyner testified that when
he told Mr.. Barrett in June. 1900 to pre-
that Mr.. Barrett contemplated entering into
partnership with Mr.. Nelms- The witness
explained that he knew that Mr.. Barrett
intended to resign from the government
service, and for that reason he was anx-
ious that Mr.. Barrett, because of his intl-
mate knowledge of the subject should write
the opinion. In reply to question from
Attorney Worthington. Gen. Tyner an
nounced that he had perfect confidence In
Mr.. Barrett
Custom of the Office.
Gen. Tyner further declared that 1t was
not the practice to forward evidence to
the Postmaster General In fraud order
cases. He added that he was the first in
cumbent of the Office of assistant attorney
general for the Post Office Department to
do more than submit to the head of the de-
partment fraud order blank. The witness
inaugurated the custom of having prepared
q memorandum of the evidence in each
Such memorandum was mainly for
the use of the witness Office. The reason
he required the preparation Of such memo
randa was due to the fact that having had
occasion to review case which had been
passed upon before he entered the Office
he found that important information in re-
lation to the case was lacking.
1t was a common thing, In fact too COM
mon a thing said Gen. Tyner. for the Post
master General to rely on him in the mat
ter of Issuing fraud orders.
Did you consult with the Postma ster
General to the Individual who should
ton inquired.
81 did," replied Gen. Tyner "and he
agreed with me that Mr.. Barrett should
draft 1t
Gen. Tyner further stated that he did not
know what Mr.. Barrett was going to de-
eide in the opinion. He was surprised to
learn that the opinion placed all bond in
yestment concerns under the rule of con-
demnation. The witness Indignantly de-
MED that there was any agreement between
IN WI hn
terms of the opinion should be.
Il encouraged Mr.. Barrett to leave the
department. Gen. Tyner stated IL told
him he ought not to follow my example
and be post Office clerk all his life. MIR.
Barrett wanted to leave promptly. but l
took the view that as his opinion had re-
suited In radical changes he should remain
with the department until the matter was
Strengthened OUT
An Affecting Scene.
General Tyner was very much affected
when asked by his counsel IL the charge
that he had approved the Barrett opinion
with the hope OF compelling bond invest
ment companies to employ Mr.. Barrett as
attorney was true The witness. with tears
streaming down his cheeks managed to say
that the charge was absurd
1t was suggested that General Tyner be
allowed to take a rest at this point. but he
murmured:
II want TO go through If 1 can"
Attorney Worthington thereupon asked
why the charge referred to was absurd.
General Tyner feelingly explained that he
had always taken the view that the deal
ings of great government department
with its citizens should be pure the
dealings of one Christian with another.
II state in the presence of my God that
there Is nothing in the charge" General
Tyner declared. with all the strength his
enfeebled condition permitted. II would
have condemned Mr.. Barrett had he made
such proposition to me. and nothing
would have induced me to make such a
proposition TO any one. let alone him."
After medicine had been administered to
General Tyner he continued his testimony
saying he had been asked by Mr.. Barrett,
II there was any law that would prevent
him from engaging in practice before the
department after he had resigned his posi-
ton. The witness added that he Informed
Mr Barrett that the only law that bore on
- the subject was section 100 of the Revised
Statutes. and that section related to the
prosecution of claims only. Mr.. Barrett
after a conference with Postmaster General
Smith. informed the witness that the Post
master General had no objection to Mr.
aufr,e In effc no "a