Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-13
Early Close Predicted inthe
Tyner-Barrett Hearing.
PROGRESS MADE TODAY
FRANCIS C. HUEBNER, GOVERN
MENr EMPLoYE, OF STAND.
Had Been Summoned by Prosecution
but Not Called Upon to Testify
for Government.

The prosecution shortly before noon to-
day announced the close of the introduction
of it's evidence in chief against James N.
Tyner and Harrison j. Barrett, accused of
conspiring to defraud the United States.
1t was hoped that the government would
conclude prior to the adjournment of court
yesterday afternoon, but counsel sailed
away on a new tack, causing Justice
Pritchard to remark that the half hour he
had allowed for a conference In the hope
that the trial might thereby be shortened
apparently had resulted in giving the pros
ecution new wind and enabled the govern
nent's attorneys to start In all over again
A mass of testimony was introduced late
yesterday relating to the connection of Gen.
Tyner and Mr.. Barrett with cases before
the Post Office Department other than bond
investment concerns and the reading Of the
same was resumed this morning
Continuing along this line, the prosecu-
ton this morning produced another big pile
of papers bearing on the case of E. J.
Arnold & Co. of st. Louis. Mo-. turf in
vestment concern. The relevancy of these
documents was not plain until 1t was
learned that the Arnold case was the one
that directed suspicion against Tyner and
Barrett and was the basis OF the fnvestiga-
ton of their conduct that resulted In the
disclosure of all the other evidence against
them introduced by the prosecution. One
Of the advertising features of Arnold &
Co., 1t Is said, was a facsimile letter, bear
ing the letter head Of the Attorney Cen
erals office in this city, giving the in
formation that the operations Of the COM
pany were within the law. This letter was
read today. The government contends that
there was collision between General Tyner
and Mr.. Barrett that benefited Arnold & Co.
Mr.. Worthington's Opinion.
According to Attorney Worthington. the
defense will not require very many days to
present its case, for the reason that the
government has already had most Of our
witnesses on the stand The first witness
called by the defense was Francis c. Hueb-
ner, who Is In charge of the fraud-order
business of the Post Office Department.
Mr.. Huebner had been summoned by the
prosecution but was not used by 1t as +
witness. and the defense made much of
that omission and Of the fact that Mr..
Huebner had not been called upon to tes-
tify before the grand jury.
Among other things the defense proved
by Mr.. Huebner that 1t was not the practice
of the department to issue fraud orders
solely on the recommendation Of post Of
flee inspectors The government had intro
duced testimony that Gen. Tyner had fire.
quently ignored the recommendations OF
Inspectors
Cen Tyner was not feeling as we'll as
usual, SO he remained at home today. Mrs.
mented by two making six In all
During the session this morning inquiry
was made as to the whereabouts OF Mr.
Nelms, Barrett's former law partner, who
Is now a student at theological institu-
ton.
1t developed that Mr.. Nelms had gone
away from the city.
when a lawyer becomes clergyman II
ia mighty hard to control him." Major Con-
rad observed.
"Of course, you may criticise your own
witnesses, Elf you so desire, Attorney
WorthingtOn added.
An adjournment was taken at o'clock
this afternoon until 10 o'clock next Mon
day morning Justice Pritchard had in
tended to- SIT until O'Clock this afternoon
In order to make up the time granted coun-
sci for the government for their confer
ence yesterday. but as Attorney Worthing-
tons presence was required In Justice
Wright's court at 8 O'Clock Justice Pritch-
ard finally consented to adjourn at that
hour