The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-19
Offer to Submit to Or
deal Again Declined
by Conrad.
BARRETT ON THE STAND
Describes Methods of Bond
Investment Con-
Germs.

Harrison J. Barrett, co-defendant with
Gen. James N Tyner in the Postoffice
conspiracy case, on trial in Criminal
Court No. l. continued today his ex-
haustive description of the bond invest
ment schemes, and other matters of
official routine which had come before
him officially. while he was General
Tyner's principal assistant in the law
division of the Postofce Department
A somewhat dramatic incident occur
red when Mr.. Worthington notified Ma
jor Conrad OF General Tyner's willing
ness to submit to any cross-examina-
ton the prosecution might present. The
offer was declined.
Major Conrad and Mr.. W6rthington
had an exchange of views, and the for
mer reiterated his unwillingness to
make himself responsible for any possi-
bic shock 10 General Tyner's health.
such as might ensue from a rigid in
quiry into his official acts of some years
ago.
General Tyner seemed in fairly good
health today. after yesterdays direct
examination
Figures on "Lapses."
The most interesting part of Witness
barrett's testimony today was his
technical description of the business
methods of the bond investment com
panies. The essential part of the opin-
ion, written by him on December, 1900,
was, the witness said, that income from
lapses' must not be calculated and
distributed upon an estimated basis in
advance of the occurring Of such lapses.
The opposite view was held by the in
vestment companies, as shown by their
methods, since they regarded prospec-
tfve lapses as actual ones and took
chances in their eventuating. This was
the feature which Barrett had held 10
be 'unsound," although declaring in the
official opinion that the basic principle
is sound" It was necessary that the
unsound principle should be eliminated,
he testified. and then the remainder of
the plan would be entirely lawful and
satisfactory TO the department
Wanted Cross-Examination
General Tyner reached the court room
at five minutes past II O'Clock, and Mr.
Worthington asked the witness to sus-
pend his testimony until the aged ex-
official could be placed in his Morris
chair.
In the succeeding interval Mr.. Worth
ington. addressing Major Conrad. said:
AS General Tyner is now here.
would like to say TO the Government
counsel that he does not wish 10 avoid
any crOss-examination. He has had a
good rest since yesterday, and is will
ing to answer any questions the prose-
cution may have to put to him."
Major Conrad promptly repeated what
he had said yesterday and a little more
in detail He said;
II was very greatly impressed by the
circumstances attending the exarina-
ton Of General Tyner yesterday. and in
consequence Of IL ] felt, as I said. that
we were unwilling to take the responsi-
bjlity of conducting any cross-examina-
ton"
Mr.. Worthington again called atten-
tion TO the willingness of General Tyner
and his attorneys TO have him submit TO
any cross-examinati ton the prosecution
might desire, but Major Conrad did not
accept the suggestion. Instead, he de-
clared, with emphasis:
No Clap Trap Argument.
you need not apprehend. Mr.. Worth
ington. that I intend 10 indulge in any
clap-trap argument about that. Do not
imagine that for a moment"
No; am not suggesting that" return
| ed Mr. Worthington, when Major Con-
rad reiterated.
"As 1 said yesterday, noticed Gen
eraI Tyner's condition, and I am not
willing personally, TO take the respon
sibility for any cross-eXaminatiO ton. A
cross-examination would. naturally, be
more exhausting than a direct eXamina-
ton. and do not care TO take that re-
spOnsibility.
After this positive declaration. Mir.
/ Worthington did not continue the dis
cussion further. and Witness Barrett
resumed his testimony.
Carlisle Explains Absence.
A letter from cx-secrctary John c.
Carlisle. who had been subpoenaed by
the defense, was read by Mr.. Worthiug
ton
The former Cabinet officer called at
/ tention 10 his having responded 10 a
subpoena on May g. and asked that his
presence now be not insisted upon. He
explained he was engaged In a hearing
/ before the Interstate Commerce Com |
mission which had made a trip TO New
York especially for the present series Of
hearings there. and IN addition had an
important case pending in one Of the
courts.
In view Of these circumstances and
Mr. Carlisle's previous response TO the
subpoena, Mr.. Worthington announced
his willingness 20 accede TO the request
mace. Mr. Carlisle was one of the
prominent attorneys consulted BY Bar
rett IN the course OF preparing the bond
investment oDiDio1
Points in the Evidence.
In the course OF Witness Barretts tes-
timony he corroborated what General
Tyner had said yesterday urging him
TO take up the private practice OF the
Continued on Second Page.)