The Washington times., 1904-05-16
MICHEhER AND SMITH
TESTIFY IN P. o. CASE
Continued From First Page.)


Continued From First Page.)
Kitchener as counsel for some of the
investment companies.
They said they knew you, major. and
1 thought that was a good enough in
PRODUCTION for them to bring" said Cen
erau Michener.
The tone in which this declaration
was made appeared to recommend the
bond investment companies very highly.
The seeming advantage Of the reply was
quickly disposed of the next instant.
however. when Major Conrad comment
ed, dryIy:
Yes. they tried to employ me on that
work"
To Show Collision.
The most Important evidence given by
General Kitchener related to a court
prosecution at Bonneville. No. where
the postmaster had refused TO deliver
mail to one of the investment concerns.
He had done this on his own respon-
sibility. without the issuance of a fraud
order BY the department
General Kitchener, as attorney for the
concern, thought this gave good ground
for case against the postmaster. When
Barrett heard Of the incident he prompt-
~ wrote a letter TO the postmaster. re-
proving him for his action. Kitchener
saw Barrett. and the latter teIegraphed
the postmaster 10 return his (BarretGsl
letter TO the department.
Major Conrsd's purpose was TO show
collision between Barrett and the in
vestment concerns, in Withdrawing his
official letter. for the purpose as al
legged. OF strengthening the case of the
investment company
At the afternoon session General
Kitchener resumed The stand on cross
examination. Mr. Smith was present
TO take the stand as soon as the wit
ness concluded.
Reading of Documents.
When the session opened today. Mr.
Worthington continued the reading Of
the documents which he had started TO
present to the jury last Friday. These
referred TO the Z. J. Arnold turf in
vestnent concern of st. Louis, and the
planS employed By them 10 advance
their business through the mails
Mr.. Worthington's object was to con-
vince the jury that General Tyner knew
nothing of the uses 20 which that Off
elaFs opinion on the Arnold scheme was
10 be put. II was circulated. with Cen
eral Tyner's signature IN fac-simile as
an Endorsement OF the Arnold plan. at
ter the last qualifying clause had been
stricken ont.
Mr. Hershey. assistant counsel for th,,
defense. followed Mr. Worthington. ;tI.t.
read extensive excerpts from thu an
Eual reports of General Tyner and
Postmaster General Smith Addrcsslrg-
the jury he prefaced his reading by the
remark.
Mr.. Taggart read page Al viii row
read what be omitted"
he ~
corrected District Attorney Beach,
promptly, 70 prevent any impression
that Mr.. Iaggart had omitted words OF
sentences from the sections TO which
be had made reference. which onnis-
sions might have caused q change Of
sense
The reading of these document; WIS
for the purpose OF showing the practice
IN regard 10 the investigation Of sF.vest-
Hient concerns and the Issuance &C fraud
orders.
General Kitchener Called.
Gen. Louis T. 8iichener was the first
witness called. He said he was fifty
five years old. came here from Indiana.
where he had been State attorney gen
eral; became member of the firm Of
Dudley & Kitchener. and had practiced
here Tor fourteen years. He had known
General Tyner since 1883. he thought.
Witness said he had been first en-
plOyed In business before the Postoffce
Department by the National Investment
Company Association, a voluntary asso-
cation of seven or eight investment
companies which wanted 10 arrange
some plan which would meet with the
approved of the department. They
sought 10 determine upon a plan which
would be lawful in every respect yet
feasible from the standpoint OF the com
pauies.
The bond investment principle was an
interesting and an intricate ono Gen.
eral Tyner had told the witness. when
they had first conferred about it.
Ruling FavOrs Defense.
As the matters referred 70 occurred
I'm 1887, Major Conrad took exception
and inquired as to the relevancy of the
evidence
Mr.. Worthiu5ton made an argument
In favor OF permitting the witness e
go ahead with his general story OF the
Postoftice routine
1T Is the conduct of General Tynef
which Is under consideration. not the
conversations he had with personal, 30
cidl. or political callers" returned Ma 1OI
Conrad, replying 70 Mr.. Worthington' 5
District Attorney Beach wanted the
witness 10 enumerate the concerns be
was talking about. as members OF the
association by which he had been en-
plOyed as counsel
Witness said he could not do so except
In general way, one Of the companies
having been located in Texas another ia
Missouri. another in Kentucky. etc.
The court ruled that the witness might
go on with his recital Of the circum-
stances affecting the presentation OF
these cases before the department
Witness TOLD how General Tyner and
he had disc1sSee the matter at different
times. Wlsh-at either az them yielding