Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-05-03

that on account of his physical condition
you ought to deal lightly with him"
This statement to the. Jury followed the
presentation of the governments case by
District Attorney Morgan H. Beach. The
jury had been completed soon after the
session of the court convened Mr.. Beach,
in his presentation of the facts which the
government expects to prove, concluded
by stating that whatever might be his own
personal sympathieS or those of the jury
for one of the defendants. these sympa-
thies should not be allowed to enter into a
judicial determination of the case.
Gen. Tyner's Physical Condition.
"Since the alleged commission of che
crimes charged in the Indictments" said
Mr.. Beach, !"Gen. Tyner has been grievous-
ly stricken. His condition is well calcu-
lated in this hour of his trial to arouse the
sympathiess of all thinking people. But.
gentlemen of the jury, your duty calls upon
you to consider solely a bare question of
fact as presented by legal evidence.
Remember, please. that the question OF
punishment is not with you; that matter is
properly left to the eminent judge presid-
ing. You are to determine from the testi-
mony to be presented whether or not there
is ground for the conclusion of fact that
Gen. James N. Tyner and Harrison j. Bar
rett entered into an agreement or conspired
together to suspend, delay or stop the
proper enforcement of the law with regard
to the use of the mails by alleged fraudu-
lent enterprises in various sections of the
country"
The trial of the two defendants named
by the district attorney in his address to
the jury was resumed at 10 O'Clock this
morning. The delay incident to yesterday
proceedings had the effect of reducing the
attendance in the court room and there were
| many empty benches throughout the morn
ing session
Gen. James N. Tyner was until recently
the assistant attorney general for the Post
nephew of Mrs. Tyner, was his assistant
1t was their duty to pass upon the legality
of the use of the mails by various promot-
ing enterprises whose integrity had been
called into question. 1t was alleged by the
government that in dealing with some of
these companies the defendants conspired
to defeat the ends of justice and the law.
Gen. Tyner, invalid and helpless, was
borne into the court room this morning by
sturdy bailiffs and remained during the
morning proceedings.
Justice Pritchard's Statement.
Justice Pritchard, presiding. stated from
| the bench that Gen. Tyner might be excused
at any time during the trial, as the record
| shows his lawful attendance.
| A striking incident of the morning was
| the appearance on the bench as the guest
| of Justice Pritchard of Mr.. C. A. Doug
| lass, who was leading counsel for w. A.
Machen, recently tried and convicted in
| connection WIN the alleged postal IT.
Irregularities. Later>in the day Rev. J. J.
| Muir appeared on the bench for awhile
as Judge Pritchard's guest.
Mrs. Tyner, Mrs. Barrett and other
| ladies of the families of the defendants
were present and listened intently to
| every word uttered In the presentation of
| the case for the government and for the
defense.
The possible effect of Gen. Tyner's en-
| feebled condition upon the jury was the
| interesting feature of the district attor-
| ney's opening address to the twelve men
| selected to determine the guilt or inno-
| cence of the defendants. and also of the
| reply of Mr. Worthington in behalf of the
4 defense.
| District Attorney Beach outlined at great
| length the testimony intended to be intro
| duced by the government He cited the
| various alleged fraudulent companies which
are claimed by the prosecution to have been
| favored by Gen. Tyner as assistant attof..
| ney general. and by Mr.. Barrett, through
his official position and through his serv-
ices as attorney after leaving the depart
ment.
Mr.. Worthington, in reply, characterized
many of the governments contentious as
| absolutely false, and defied the prosecution
| to offer testimony In support of the asser-
| lions made. He declared the conduct of
Gen. Barrett was upright and honest In
every respect. and that Mr.. Barretts off,
cial acts and his subsequent private law
practice was entirely proper.
| Mr.. Worthington reviewed the life his
tory of Gen. Tyner. and said that with a
| few intermissions he had been connected
1 with the Post Office Department for forty
/ years. He told Of his having been Post
/ master General, at the head of the service
| and of the other offices he has held. He
! told of Gen. Tyners election to Congress.
and Of his efforts which resulted in the first