The Washington times., 1904-05-17
SMITH AND GARY UPON STAND
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mission of the opinion after it was pre-
pared. with a brief letter describing it.
After Mr.. Barrett had explained 1t, 1
signed it
Mr.. Smith further said the opinion was
submitted to him in proof form from
the Government Printing Office.
Regarding Barretts retirement from
the department, witness said he recalled
hearing such was Barretts intention,
but did not know whether the question
of Barretts prospective appearance be-
fore the department as an attorney in
pending cases had come up in any way
Were you before the grand jury?' in
quired Mr.. Worthington.
Witness answered in the negative.
You were subpoenaed by the prosecu-
ton. were you not?
But they did not call you to the
stand?'
THE Government was very courteous
to me" replied Mr.. Smith. with a
smile.
The witness said he had known Cen
eral Tyner for many years and regarded
him a man of integrity and character
He had known Barrett also and spoke
we'll Of him, too.
Interviewed by Defense.
The cross-examination was then taken
UP by Major Conrad, who, addressing
the witness. said:
Mr. Smith. we will not detain you
very long. The defense has seen fit to
&c into the question of whether you
appeared before the grand jury, and
whether you had been summoned by
the prosecution. Did you ever confer
with any of the prosecution, or did you
ever inform any Of them what your
views were in this caSe?'
Mr.. Smith answered in the negative
Did you ever confer with attorneys
fOI the defense?"
Yes. briefly"
Then they knew what your testi-
Yes"
Major Conrad took up the signing of
fraud orders by the witness when Post
master General
The witness again testified that he
had signed such orders on the presentd-
ton of the official forms through the
usual channels.
The Governments counsel read from
the Revised Statutes as to the duty of
the Postmaster General to issue fraud
orders ION evidence satisfactory TO him
self He inquired particularly whethe~
witness had observed this in signing
orders without close examination of the
facts
Witness replied in the affirmative
saying the Postmaster General was =
DuSy OFFICIAL ana n1Q TO rely upon TIE
high subordinates of the department in
such matters as fraud orders.
Counsel in a Tiff.
Mr.. Worthington objected to the ma
ture Of Major COnrad's cross examina
ton at this point, charging it was in
tended 70 produce an effect on the court
and jury.
1T may be to produce an effect on
the court replied Major Conrad. but
not on the jury. That will come later.
when the prosecution sums up its case. -
To Affect the jury?
Turning then toward the opposing
counsel Major Conrad declared he could
not understand why the defense should
put in such an objection. when the OPP
posing attorneys themselves had sever
al times tried to affect the jury. appar-
emily, by referring to sending the de-
PENDANTS 20 prison." and once using the
word ''penitentiary.'
Wasn't that trying to exert an in
fiuence on the minds of the jury?" ex-
claimed Major Conrad rising TO his full
height. 1T wasn't to influence the view
Of the court. These defendants may
never go there, even If this jury finds