The Washington times., 1904-05-23
DEFENSE RESTS
ITS CASE IN THE
POSTOFFICE TRIAL
Tyner'S Lawyers Make
the Announcement at
Morning Session.
PAYMENTS TO BARRETT
Dealings With Arnold & Co.
Brought Out-Prayers
to the Court.

to the Court.
Taking of evidence in the Tyner- Barrett
conspiracy case trial was concluded IN
Criminal Court No. :. this morning. At
ll:z5 o'clock after Major Conrad had
concluded the oss-examination Of Bar
rett. Mr.. WorthingtOn announced that
the defense rested its case.
When the court was reconvened after
the noon recess. Judge Pritchard or
dered the jury excused until tomorrow
morning at 10 O'Clock
Mr. Worthingtgon addressed the court
at I:S5 o'clock He read the prayers
submitted BY the defense. in its review
of the case.
Inquiries as to Big Fees.
Before Barnett resumed the stand this
morning the defense called T. J. Faun-
tleroy. Of St. Louis. Mo. attorney in
1902 for the f. J. Arnold Turf Invest
ment Company of that city. He was
summoned to corroborate Barretts tes-
timony a few days ago regarding the
payment Of two fees of 5000 ana $i,eO0.
respectively. for the latter's professional
services before the Postohice Depart
ment
Barrett had testified that he had re-
turned $1,000 to the company on receipt
Of the first fee because Of change in
their agreement between the time the
money was sent from St. Louis by the
company and received By Barrett. He
explained the receipt Of the second fee
Of 81, 600 as due TO the company's salts
faction that he had acted 50 literally
after having the money in hand
Fauntleroy's Explanation.
The prosecution contended that after
receiving the s5.000 Zee. Barrett had OBJ
tanned for the Arnold company, by
means Of his representations To General
Tyner, the lattor's official letter approv-
ing the Arnold company's plan. and that
for this service the $1,000 had been paid.
The letter in question had paragraph
! saying this action would not prevent a
I further inquiry if the department 50
! determined. with the possible issuance
/ Of a fraud order: but the Arnold com
pany struck out this paragraph and
/ printed the rest of the letter. WITH a fac
simile Of Tyner's signature as an in
/ dorsement OF their scheme.
Witness Fauntleroy explained the pay
ment OF the last 5000 by saying Bar
rett had secured the insertion in lead
/ ing Cincinnati newspaper FOR which he
was the local attorney, OF an article up
/ holding the Arnold company scheme.
| The newspaper had previously attacked
/ the company and Barrett had fixed the
matter 10 the satisfaction of the turf
/ concern.
Barrett then resumed the sand and
was questioned closely by Major Conrad.
General and Mrs. Tyner and Mrs.
/ Barrett and her friends were In court.
as usual
Opening of the Session.
When Mr.. Fauntleroy took the stand
/ al the opening OF today's session. nc
caused good deal Of merriment by a
I personal allusion. lie said that his uncle
/ mad married a sister Of Major Conrad.
but that notwithstanding this. ne felt
! just as kindly toward the Government 2
special counsel as any human being
( could feel
The circumstances attending Barrett
| employment by the Arnold turf concern
as their attorney before the PostofIi, e
Department. were detailed by the VII
ness No reason existed for selecting
| Blrrctt as their attorney except tnai
witness regarded him as a clean, ac-
| tive. capable man, who would get re-
suits
Witness had ultimately advised his
company 70 pay Barrett fee Of 5000
after they had discussed amounts run
ming az high as $4,000 and $4,000. After
the 81. 900 had been sent by the company
20 Barrett, but before 4 had been re-
oeived by the latter. the negotiations
between the two lawyers had resulted
in reducing the amount TO 5000.
Barrett consequently had returned tc
the company 81 600 and lad sent witness
81 go as the latter's professional share
OF the Zee. This corroborated what
Barrett had testified 20 last week
Hard on the Lawyers.
WAS that contingent fee?" inquired
Mr.. Worthington.
mo. indeed: when "A lawyer gets the
money Il ceases 10 be contingent de-
clared the witness. without n1- race oi
a smile on his face. Everyone else
In the courtroom, however, laughed
heartily:
The prosecution entered upon
searching inquiry into the payment o.
Witness further testimony containec
little which had not been previousi!
brought out, Ia relation to the dealings
with Barrett
Exonerated Tyner.
Respecting the payment Of the Sl.OO
fee Mr. worthington inquired whethe
there had been any belief whatever tina
Il had been paid for General Tynori
. letter 10 the Arnold Company.
There absolutely WAS none" reptile,
the witness. Il never heard any sue.
thing from anyone concerned"
''Well. you would not have been likell
to hear would your inquired MaJo
Conrad.