The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-05-03


attendance during your trial?''
With apparent difficulty and in a voice
scarcely louder than whisper. General
Tyner, replied: Yes, sir; whenever
feel IL necessary
Permission was then granted General
syner 20 leave the courtroom when he
desired.
District Attorney Beach then asked
that the record show that General Tyner
was excused from attendance at his own
request.
Mr.. Worthington then asked the court
TO order al, the witnesses summoned 20
testify at the trial. on both sides, to De
excluded from the courtroom. except
such as would testify as TO the reputa-
tions of the accused.
In this connection Mr. Beach asked
that the Postoffice inspectors who had
worked up the evidence on behalf OF
the Government be allowed to remain,
as their presence would be absolutely
necessary TO the proper prosecution OF
the case.
Four Inspectors.
Mr.. Worthington asked how many
Postoffice Inspector Mr.. Beach would
need, and he named four 1t was. how
ever. agreed that Inspectors Fulton and
TO assist counsel for the Government In
the case.
In this connection Mr. worthington
stated that Mrs. Tyner, wife OF General
Tyner, and Mrs Barrett wife Of the
defendant. may be called as witnesses
and asked that they be allowed 10 re-
main. This request was also granted
by the court
Outline of Case.
District Attorney Beach made a brief
resume of the accusations made in the
indictments against the defendants. He
outlined General Tyner's duty as As
sistant Attorney General for the Post
office Department. and Barretts work
as law clerk in his Office.
Ee said evidence would be offered TO
show that the defendants entered into
scheme to defraud the Government.
The possibility OF this, Mr.. Beach said.
was owing TO the positions they held
and the duties OF their Offices There is
no direct evidence. he said, of a con-
spiracy entered into between the de-
tions IN relation to each and to others
would be laid before the jury and they
could decide whether they had entered
into conspiracy.
Nature of Verdict.
Mr.. Beach also called the attention OF
the jury 10 the fact that IL is their duty
to return verdict on the conclusions
on the evidence and facts in the case
and not in consideration of what the
result to the defendants may be, II
reference to which punishment may be
inflicted on them in the event they are
found guilty.
Line of the Defense.
When Mr. Beach finished his state
ment, Mr. Worthington made a state
ment Of what would be shown !n de-
fense of the accused. He prefaced his
remarks with brief histories OF the lives
OF the defendants.
General Tyner. he said. Is seventy-nine
years old, and has always borne an eX-
cellent character. He referred 10 the
many positions OF honor and trust which
ne filed
At this stage In the proceedings Cen
eral Tyner became very greatly affected;
his eyes became diInmed with tears and
his whole body quivered with excite
ment
Mrs. Tyner who was seated on his
| left leaned over him, and. taking one
of his hands in hers, wiped the perspira
tion from his forehead and the tears
/ from his eyes.
All this time the defendant Barrett
| SAT unmOved. and 10 all appearances un-
! affected by what his counsel said. He,
however, paid the closest attention 10
every word Mr.. Worthington said, IS
we'll as to the statement of the case
made by the District Attorney.
Corrects Prosecution.
Mr.. worthington took occasion to say
, that Mr.. Beach had omitted TO say
/ that General Tyner is not on trial be-
/ cause OF any pressing on the part of the
( Government, but at the very urgent re-
quest of the defendant, who wishes tc
have the aspersions made against his
reputation cleared away by verdict of
/ his cOuntrymen.
! MIR. Worthington then went on TO give
| n review of the work General TyneT
/ had done In the Postoffice Department
curing his many years OF connection
with ii.
| Mr. Worthington went at length
! into an explanation of the methods of
/ procedure in the Postoffice Department
! in relation to pound orders. Referring
TO the specific charges against Barrett.
| he called attention to the fact that al
the very time when Barrett Is accused
of conspiring to defraud the Govern
ment he was on leave Of absence on his
! vacation
Mr. Worthington finished his state
ment OF the case at l2:15 .. m.
! First Witness.
The first witness called for the Gov
ernment was Bladon w. Taylor. chief
| clerk In the Postoffice Department He
was called to produce certain letters and
! correspondence belonging to the Post
/ master General. The first books offered
| were the Postmaster Generals reports
| for 1898 1900 1901. ard 1902 These docu-
| ents were introduced In order that GER
| tain reports made by the defendant Ty-
| ner might be in evidence.
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