The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-19
Venerable Indianian Sits in Invalid
Chair, Faces the Jury and
ResentS Charges.
PATHETIC AND DRAMATIC
Scenes at the Trial af the Former
Postmaster General and His
Nephew.
'EFENDS H. ]. BARRETT
And Says There Was No Collu-
sion in the Bond Investment
Company Cases.
lis Journal.

Special to the lnapolis Journal
WASHINGTON, May 1S-James n. Ty-
ner was a witness in his own behalf to-
day in the Tyner- Barrett conspiracy trial.
AS the aged defender held the Bible in
his trembling hand and family answered to
the oath, it was painfully forced on the
consciousness of the spectators that soon
he would be answering to a higher court,
not only to the charge upon which he is
now being tried before a jury of his peers,
but for all the acts of his long life on
earth.
1t was almost as if the dead were come
back to defend himself. Unable to stand or
sit erect, Mr.. Tyner was placed before the
jurymen in his invalid chair, where he
could recline with some degree of ease. At
tin es during his testimony he would try
to point trembling hand toward the jury
men to emphasize his statements. His an
swers were given in tones so faint that the
court stenographer was compelled to lean
down close to catch the words and then re-
peat them in louder voice to the court and
jury.
Frequently Mr.. Tyner cried; sometimes
in silent tears, sometimes in weak sobs, and
once he broke down entirely, upon being
asked If the intentions and purposes of
himself and Barrett were honest Mr..
Worthington. his attorney, stood close be-
side the aged defendant, with a reassuring
hand upon his shoulder, and the examina-
tion was made consderate to Mr. Ty-
ner's feelings as was possible in the de-
Yelopment of the line of defense. The pros
ecution was especially courteous, and Mr..
Conrad did not cross-examine him at all.
MADE A SWEEPING DENIAL.
In general, Mr.. Tyner's testimony was a
sweeping denial of any dishonest act or
motive individually or in association with
Mr.. Barrett. Specifically he explained the
office Department, told how the Barrett
opinion came to be prepared at his insti-
CATION and with the knowledge of the post
master general, and related the circum-
stances attending the enforcement of the
requirements of that opinion. He made a
good witness for himself. just as he said
he had hoped to live long enough to do.
Earlier in the day Gen. John w. Foster,
of Indiana, former secretary Of state. dip
lomat and International lawyer, who has
been Mr.. Tyner's friend for forty years,
testified to the latters good reputation
and clean character. General Foster was
a character witness, as was r. Ross Perry,
a well-known lawyer of this city, who said
he considered ii an honor to have known
Mr. Tyner."
Then came one of the most dramatic
scenes ever witnessed In the dlngy old
courtroom. The aged and trembling de-
fendant's invalid chair pushed close in
front of the jury box. and shining black
eyes peered out of MIR. Tyners wasted
face to rest on one after another of the
turymen, as II searching for compassion
as we'll as justice. Judge Pritchard moved
to the end of the raised dais to bring his
chair as close as possible TO the witness.
Jurymen inclined their heads and attorneys
gathered closer. The silence was profound.
Plunging at once into an explanation of
the matters most material to the charge
led the witness, in an all but inaudible
voice, to explain that ne had asked Barrett
TO write the bond investment opinion, which
forms the basis of the prosecution, because
he believed Barrett was especially equipped
to deal with the question.
MIR. Tyner," said Mr.. Worthington, lit
is charged that Barrett prepared the opin-
ion and you approved it. in order to force
the bond investment companies to employ
him as their attorney, after he entered pri-
vate practice. Is that true?
1t was here the pathos of the scene
reached its height.
THAT is absurd-absurd," the witness an
swered in whispered tones, trembling with
mingled anger and emotion. Il never"
Here Mr.. Tyner broke down altogether.
His wasted form shook with sobs. Tears
welled from his eyes and drenched his
shrunken cheeks. His voice struggled along
through an inarticulate syllable two and
stopped. Mr. Worthington stopped over to
reassure and soothe him, and Holmes Con-
rad, the governments special counsel.
reached out to hand the sobbing man a
glass of water. Mrs. Tyner. who had re-
manned in her accustomed seat when Mr..
Tyner was moved closer to the jury, hast
ened forward to aid her husband If the
emergency requiring her immediate pres
ence came, and the glad smile of welcome
which dispersed his tears when he saw her
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