The daily morning journal and courier., 1904-06-14
APPEALS TO ROOSEVELT
 TO RIGHT INJUSTICE
tcontinued from First Page.)

tcontinued from First Page.) your unjust and arbitrary action. For tunately, I have now had my day in court, and according to the law of the land, I have established my innocence of any crime or of any misconduct in office. I instructed Messrs. Worthing- ton and Hershey to lay fully before the court and jury every act of my official and private career and to take advant- age of no legal techincalities. The jury were asked by me and by my counsel and by the court to ignore my age and physical condition. I asked not for an acquittal but for a vindication; and so far as possible every act of mine, re- ferred to in MT. Bristow's report, was placed before them fully and exhaus- lively. The jury without a moments hesitation pronounced me mot guilty'' on all the indictments. Their verdict. l am advised and believe, expressed the unanimous sentiment of every member of the bar and of the community who followed the case. And I may add that was not content to rest my vindication on the governments failure to prove a |crime, but I insisted on affirmatively proving my innocence of any wrong do- ing.
 Such verdict in a trial brought in good faith would ordinarily be a suffi- cient vindication of an accused party, but unfortunately in this case your of- ficial proclamation of my assumed guilt h a G fr lo<3 fo such weight, that to many it practical ly overrides the verdict of the jury. I notice that many of your friends do not hesitate to say that your verdict given before trial is more to be relied upon than the verdict of court and jury giv- ell after trial. Against such injustice, l have no recourse, except by appealing to your sense of right and fair dealing.
 In my letter to you of December 2, 1903, intimated briefly that your action was unjust and wrong, and that you would not have taken the course you did if you had not been misled and de- ceived by MT. Bristows report charged that his report suppressed the facts; garbled the evidence; misquoted the records; made untrue statements, and were in every way calculated to mislead and deceive you as we'll as the public. I now re-affirn these charges, | and I call your attention to the fact that it is no longer merely my state- ment against MT. Bristow's, but that witness after witness on the stand for the government in my trial denied the laccusations in his report and docu-
 ment and document from the govern
 ment files disproved his charges. do
 not mean for moment to question the lgood faith and entire sincerity of your proclamation; wish merely to empha-
 size the fact that you have been deceiv-
 led and that your laudable zeal for pub I lie and official decency has been impos- led upon. You accuse me of 'gross cor
 ruption;" the attorneys for t1e govern
 ment constantly disclaimed any such
 charge before the jury. You charge
 that I was paid by criminals not to prosecute them" not scintilla of ev-
 idence was offered to substantiate such
 Q charge; nor was single witness nor la single document produced to show tspecial favors to 'swindling schemes"
 Tor a single violation of duty. Every
 charge in the Bristow report in any
 wise refiecting on me has been dis
 proved by the recent trial-disproved mot by virtue of the verdict, but by
 sworn evidence of the governments town witnesses.
 l In my letter to you, prayed that my life and mental powers might be spared until I had convinced the American
 public and you as chief magistrate,
 that all my acts have been honest, hon. orable and straightforward, in the sight lof God and man. My remaining hours are few and though my house is in or der and with clear conscience, await from day to day the irrevocable sum- mons, nevertheless, cannot close my leyes without first appealing to you, MT. President as my chief accuser, to Iendeavor insofar as you can, to right the great wrong which you have un- willingly done me.
 am, sir, very respectfully,
 (Signed) James N. Tyner.