The Washington times., 1904-05-16
MICHENER AND
SMITH TESTIFY
IN TYNER CASE
Courtesy Extended to
EX-PoStmaSter
General.
ALLOWED IN COURTROOM
Major Conrad Fails to Speak
to Elim-Didn t Know
Him Personally.
ALLOWED IN COURTROOM

Ex-Postmaster General Charles Emory
Smith and Gen. Louis T. Michener We're
The notable witnesses called today, by
the defense, in the trial OF the Tyner-
Barrett conspiracy case i'm Criminal
Court No. l.
1t was intended that the former head
of the Postoffice Department should De
the first witness called today. but he
did not reach the courtroom until quar-
ter before Il o'clock When it was found
he had not yet arrived. Mr.. WOI thington.
chief counsel for the defense. called Cen
eraI Michener as soon as the reading Of
a mass OF documentary evidence had
been concluded.
A Courtesy Extended.
Mr. Smith WAS accorded the courtesy
of being permitted in the court
room while another witness was testify
ing. The rule of court is that witnesses
must be excluded from the court room
prior TO testifying, lest their views
should undergo some change IN conse-
quence of what they might hear
No such contingency was feared in
the case of the former Postmaster Cen
eral whose views on the propriety Of
every act Of the department are known
TO be immOvably fixed. This unaiterabl
state of mind was publicly shown some
months ago by the controversy which
sprang up In the newspapers, in conse-
quence of some rather sharp statements
made by Mr.. Smith and Major Conrad,
each in a personal manner.
This incident was recalled when Mr..
Smith entered the courtroom today. As
he had been subpoenaed as a witness
and. under the usual rule. was not per
mitted in the courtroom, his presence
was Immediately reported by baflin to
Mr. WorthingtOn. The latter informed
hand way that il was ''aIl right" and
didn't matter in the least
Mr.. Smith then took a seat. directly
opposite Judge Pritchard and just back
OF the opposing attorneys.
Had Never Met Smith.
A; II O'Clock a juror was called from
the room TO answer a telephone call.
enc General Tyner, In his rolling chair.
was wheeled into the courtroom This
interruption of the proceedings was
taken advantage OF by a number CT
the prominent participants Ia the trial
TO greet Mr.. Smith
District Attorney Beach was the first
t. do so. and they had a brief cor
vi EaAADI- MI W VI ElDn ana Zen .
eral AIichener shook hands with him,
6no Judge Pritchard came from the
bench to have a few casual words with
the former Cabinet officer, whose term
OF Office had coincided with that IF
the present judge as a United State;
Senator
While they were conversing, Mr.
Smith was only few feet distant from
Major Conrad, who had risen from his
chair at the attorneys table to permit
General Tyner's chair TO be wheeled by
Although almost within reach OF each
other, their eyes did not meet and no
salutatiOn was exchanged
This was regarded with some sur
prise. as oftentimes the most bitter po-
litical enemies are personally good
friends. II transDired later. however.
that Major Conrad and Mr. Smith had
never met personally. and that their ac-
Quaintance was only Of a political sort.
by reputation. as an outgrowth OF the
Postoffice Department investigation OF
last summer.
General Michener's testimony on cross
examination proved more interesting
than that OF previous witnesses, since
he combined il his answers knowledge
of both the English language and OF
law. Between Major Conrad and the
witness IL was a continual verbal duel.
in which nimble wits and legal minds
were opposed on both sides.
An interesting incident Of the cross
examination was Major COnrads in
quiry into the employment Of General
Continued on Third Page.)