The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-14

Washington D. c.. June Il, 1904
tThe President.
"sir: In November 1903, on the
strength of certain charges contained in
a report by Mr. Bristow, the fourth
sistant postmaster general you gave to
the press of the country a statement TO
the effect that gross corruption in the
case of Assistant Attorney Tyner has
gone on for a number of years and after
referring to me as the chief offender
you say that In my case the corruption
took the form of favoring get-rich-duick
concerns and similar schemes in other
words the criminals whom II was (my
sworn duty to prosecute. paid (me) for
permission to fleece the public unmo
Tested. After thus giving your official
opinian as chief magistrate of the nation
as to my guilt. you referred to the fact
that there were thirty indictments pend
ing against me- and you called upon
jury to do Its duty.
Proclamation Was Unjust.
mo verdict of jury nor sentence OF
judge could have had such far-reaching
or irremedlable consequences for me az
this extraordinary official proclamation
of guilt by you, and the ordinary ma
ehinery Of justice is probably powerless
fully to rectify the injustice done. Inn
mediately upon seeing your charges In
the press | addressed you letter pro-
testing that on the mere say-so Of Mr..
Brlstow you had no right without al
least first giving me chance to be heard
in my defense or without confronting ma
with the charges, or the evidence. thus
prematurely and rashly preiudicing me
and and perhaps forever blast the good
name and character which for nearly
eighty years | had endeavored to es-
tablish.
when | wrote this letter ] had lHtIf
hope that merciful and just God would
spare my life long enough to enable rae
to face a Jury OF my peers, and | wish
ed merely to record what | believed to be
a deathbed protest against your unusual,
unjust and arbitrary action Fortunate
ly have now had my day In court and
according to the law of the land | have
established my innocence of any crime
or any misconduct in office. | instructed
Messrs. Worthington and Hershey to lay
fully before the court and jury every act
of my official and private career. and
to take advantage of no legal technicali-
ties. The jury were asked by me and bv
my counsel and by the court to ignore
my age and physical condition
Jury Said Not Guilty.
Il asked for no acquitta but vindiea.
ton, and so far as possible every act OF
mine, referred to In Mr. Brlstow's report.
was placed before them, fully and ex
hanstiyely. The jury without a moments
hesitation pronounced me not guilty ON
all the indictments Their verdict am
advised and believe, expresses the unani-
nous sentiment Of every member of the
Lar and of the community who followed
the case. And may add that | was not
content to rest my vindication on the
governments failure to prove crime but
| insisted on affirmatively proving my
innocence and wrongdolng.
Such verdict In a trial brought in
good faith would ordinarily be suffci-
ent vindication of an accused party, but
unfortunately In this case your official
proclamation of my assumed guilt has
such weight and is entitled to have such
weight that to many II practically over
rides the verdict of the Jury. | notice
that many of your friends do not hes-
tate to say that your verdict given he
fore trial Is more to be relied upon than
the verdict OF court and jury given after
trial. Against such Injustice. I have no
recourse except by appealing 10 your
sense of right and fair dealing.
Was MisIed BY Report.
In my letter TO YOU of December . 1893,
ntimated briefly that your action WAS
unjust and wrong. and that You would
not have taken the course you did, If YOU
had not been mislead and deceived hy Mr.
Brlstow's report. | call your attention to
the fact that 1t is no longer merely my
statement against Mr. Bretow but that
winess afer winess on the stand. for the
government in my trial denied the aecu-
seton in his report and document after
document from the government files dis
oh I Il moi ftar a