Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-16
Former Postmaster General
Smith to Testify.
TYNER-B BARRETT TRIAL
APPEARS IN COURT IN RESPONSE
TO SUMMONS.
Gen. Michener's Evidence Regarding
Failure Of Courts to Pass on
Questions Submitted.

Charles Emory Smith, formerly P0stmas-
ter General of the United States, was the
center Of interest today in Criminal Court
No. 1. He appeared in response to a sum
mons issued at the instance of counsel for
Gen. James N. Tyner and Harrison ]. Bar
rett, at one time law officers of the Post
Once Department, on trial under ind'ct-
ments alleging that they conspired to de-
fraud the United States. The understand
ing is that the former Postmaster Cen
eral will ue called to the witness stand
tomorrow morning to testify in behalf OF
Gen. Tyner and Mr.. Barrett.
Counsel for the defense stated in court
late last Friday that Mr.. Smith would APP
pear as a witness for the defense, where
upon Major Conrad. special counsel Tor the
government. remarked fiippantly that the
individual mentioned was too busy edit
ing a newspaper in Philadelphia to journey
to this city and appear as witness soon
after the proceedings were resumed this
morning the former Postmaster General
appeared at one OF the doorways of the
court room.
Because of the rule excluding witnesses
until needed to testify. Attorney Worthng,
ton motioned Mr.. Smith to retire. Onllea
States Attorney Beach. however, suggested
that the rule be waived so far as Mr. smith
was concerned, so the latter entered ana
took a seat directly In rear of counsel He
was warmly greeted by Mr. Beach ana
many others who were present.
Gen. Michener's Testimony.
Gen. L. T. Kitchener of the firm OF Dudley
& Kitchener, attorneys. of this city. was the
only witness examined during the session
this morning He remained on the stand
for some little time during the afternoon.
His testimony was considered important oy
the defense as indicating, among otner
things that the Barrett opinion OF OeceH-
her s. 1900 was the direct result of failure
to secure from the courts an opinion set
ting forth line Of demarkatlon petwsea
business that was lawful and business INA.
was unlawful, relating to bond INVESTMENT
concerns. and was not part of conspiracy
to secure clients for Mr.. Barrett aIter MS
resignation as assistant attorney IN the OIL
flee of the assistant attorney general AoA
the Post Office Department became erect
i've.
The proceedings of the opening day OF the
third week of the trial had been in progress
for exactly one hour before General Iyner
was seen.
He was rolled into the court room at ]!
O. clock seated in an invalid's chair. ana
was made comfortable in the MOTIFS CHAIR
provided for him. 1t was the first appear
ance of General Tyner in court since last
Thursday AS the physically disabled de-
PENDANT was being moved past Major Con-
rad, special counsel for the government
the latter greeted him cordially, saying
with a bow:
Good morning. general
Both at the opening of the session this
morning and that of this afternoon some
delay was occasioned by consideration
given to the matter of the bill OF excep-
lions in the NEUTRALITY-SUSPICIOUS. case.
The attendance today was larger than
usual, and what took place was not SO dry
and devoid of general interest as on the
majority of the preceding days Of the trial