The Washington times., 1904-05-13
Francis G. Huebner First
Witness for the
Defense.
AN EMrLOYE OF OFFICE
Important Facts Brought Out
by Major Conrad in the
Characterization.


Court No /. Judge Pritchard presiding.
The defense Immediately called its first
witness Francis c. Huebner, since 1897
employed in General Tyner's office in
the POstonfice Department, and engag ed
there under the latter's successors to
the present time.
The closing of the Governments side
Was an important step in the progress
Of the trial 1t was made subject to
the introduction of a small amount OF
additional evidence in case an absent
witness for the prosecution appears. AS
there was some doubt of his taking the
stand. however. the prosecution did nos
desire 70 delay the trial by waiting.
SubpOenaed by Both.
Witness Huebner was subpoenaed
originally by the prosecution, but Was
not called by them. he was imme-
diately summoned by the defense as
their witness, and took the stand for
that side.
In the course of his testimony Mr.
Worth'ngton referred 10 this fact. ana
Major Conrad explained the prosecu-
non's course BY saying he knew the
defense would call him anyway"
Tbs developments of the examination
of this witness indicated that the prose-
cution expected to gain greater advan-
tage by admissions from the witness on
cross-examination than by finding him
I'm any wise uncertain as to the answers
desired by the Government attorneys.
A Cars Power.
The important feature OF Huebner's
testimony related to the practice of the
department in dealing with concerns
on fraud order business. He said Gen
eral Tyner had told him that the power
to issue fraud orders was not given to
anyone except the Car or Russia and
that therefore he ought 10 be very care
full as to how such orders were sent out
with the sanction of the department
The practice of the department, wit
ness said, in taking final action on the
reports OF inspectors. was not necessar-
lily TO issue fraud orders on their sworn
statements, such reports being regarded
as REPUTABLE. If the company concerned
did not appear to protest against the is
suance of fraud order, the inspectors
report would be accepted as correct.
great deal of questioning followed
to get additional light on the "discre-
ton which Witness Huebner exercised
as TO the issuance Of fraud orders
Eventually. he said, the head OF the office
(Tyner) was the final arbiter of all the
cases. and that he Huebner) merely
submitted a memorandum in each case.
Turf Schemes Show Up.
The turf investment concerns which
were investigated last summer, under
personal directions from President
Roosevelt. were discussed at some
length. The prosecution submitted doc
umentary evidence from the department
files. showing how Barrett had acted as
the attorney for the z. j. Arnold turf
concern. the principal of which is now
under indictment in St. Louis and is
fugitive from justice.
The prosecution presented evidence Of
the payment 10 Barrett OF s., 900 as a re-
taining fee and Loco for procuring a
favorable decision from Tyner. Barrett,
Of course. accepted the fees for profess
sional services, being then in practice
OF the law in Baltimore.
The Tyner opinion was read to the
jury, and Mr.. Taggart announced that
the last paragraph had been struck
through with a lead pencil line. When
Mr- Worthington asked WHY that had
been done. Mr.. Taggart declared the
Arnold Company had circulated the
Tyner opinion as an Endorsement OF their
business. with a fac-simile of General
Iyner's signature. The reason why the
last paragraph had been eliminated. he
said. was because ii stated the opinion
IN hand would not prevent reopenine
made for the issuance OF a fraud order.
Mayor Conrad Persistent.
When the defense had opened its case
Major Conrad took up the cross-exami-
nation and proved an unrelenting ques-
toner.
Witness Huebner. at one point. refer
red 10 his employment in cases before
the department as prosecutor.
hot Il. f4sf til
Major Conrad. You We're a prosecutor
in the Officer
wei. that is what General Tyner
sometimes called me-" replied the wit
ness.
I'm PielSwiclSian sense?' suggested
Major Conrad.
Witness said It was not exactly IN that
way. but referred somehow TO the fact
that he was looked TO for the exercise
Of a certain discretion in bringing
matters 10 the attention OF General
Tyner.
Major Conrad was quick to turn this
remark, TO his advantage by saying:
But prosecutors have no discretion
Mr.. Worthington has said"
II hadn't known this witness then "a
retorted Mr.. WorthingtOn: Il was mere
~ judging by the men who were before
me here (the opposing attorneys).
Judge Pritchard interrupted to ask
how much longer the cross-examination
would take.
81 think we viii get on better after
heaved a sigh. In the midst Of the
laughter that ensued the court ordered
the usual recess 70 be taken.
General and Mrs. Tyner were both
absent from the courtroom this morning,
but two additional young women joined
the Barrett party and listened attentive
~ to the evidence In General Tyner' 8
absence Mr.. WOrthington found the
Morris chair a comfortable place 70 rest
during the reading Of long documents
by the prosecution.
KiddeT Resumes Stand
At the opening OF court today. +. y.
Kidder, formerly secretary OF the Ply
sicians' Institute OF Chicago who was
on the stand yesterday, resumed his tes-
timony. Mr.. Worthington read several
documents bearing upon this part OF the
case
Witness did not recall who had refer
red him to Mr.. Barrett. but did not con
meet General Tyner's name with the Ia
cident. He did not know OF Barretts