Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-15
IDENTIFIES FALSE FILES
Corroborates in Detail the Testimony
of Experts.
Was Told He Would Be Cared for if
Found Out at the Patent
Office.

was convicted through his plea Of guilty
to the indictments charging him with
forgery, fraud, ETC., in the patent fraud
trial. and who has been sentenced to the
penitentiary, appeared on the stand today
in the continuation of the trial agains,
Heany and Everding and declared that
both defendants were conspirators with
him in the attempt to so change the
patent Office records that valuable
patent could be obtained by changing in.
operative applications to more practicable
ones.
temptation which at first appeared to
have nothing criminal about 1t, through
the stages to where actually the three
men met and large sum OF money was
paid over to him. He corroborated the
governments contention that con-
spiracy among the three actually existed.
although Everd1ng seemed to bear the
brunt of this particular part of the evil
dence.
Barton's appearance was unexpected.
He followed the long dry cross-examina-
ton of the handwriting expert, ]. F.
Sherman, and when his name was call
ed there was sudden perking up all
through the courtroom. Many of Bar
the room and they craned forward eager
ly. Counsel on the side of the defense
rustled papers and drew up chairs as If
ready for real battle.
Barton wore a gray suit and natty
looking collar. which on close inspection
was seen to be very much soiled. He
needed shave and a cold bath might
have frightened him up. He looked as
II he had been up all night or had been
under great mental stress. In answer to
the questions where he lived, Barton re-
piled with alacrity:
in, af no nit cd
States JAIL
Corroborates the Experts.
His testimony as to the forged writings,
signatures, insertions, etc, and the sub
stituted typewriting corroborated testi-
mony of the experts in every detail. He
picked up sheet after sheet Of the DOCTOR
ed files and told how he had destroyed
originals and substituted those now in
the files. That part, OF course. had been
included generally in. his confession of
guilt. but it led up to his testimony in re-
gard to meeting Heany and Everding and
his relations with them. which the dis
trfct attorney thinks amounts to a con-
spiracy to defraud the government.
He told how the original application OF
Heany was imperative and that sub
stitution had to be made before patent
papers could be given out on the inven-
ton; how. he had visited Heany's labora-
tory and had found that Heany was using
the right method to obtain the proper re-
that the lawyer, Everding, had erred in
not sending correct application for a
patent.
The district attorney showed drawings
in the cases in question, and Barton said
they were placed in the files after IL, be-
came necessary to have them there in Or
der to issue patent They were draw
ings which witnesses have shown were
made at Everding's directions. This link
ed Everding and Barton together.
In long-drawn-0ut talk Barton testi-
fled that Everding had come to him
after the question of the original patent
had been discussed thoroughly by Heany,
Everding and Barton. and had been in
formed that the application was inopera-
tive. 1t was then that Barton made the
suggestion that the records should be
changed. Barton said that following his
instructions Everding had the necessary
substitutes made for the specifications
already on file.
Didn't Think It Criminal.
II did not know at the time it was a
criminal offense," said Barton. ''I thought
I might lose my position. but spoke to
one of the parties interested and was as.
sured Of a job If I was found out at the
patent Office
He said that Everding at ono time had
given him $50, which would be charged
up to the new company to be formed when
the Inventions began to be manufactured
and marketed. Similar amounts were
given to Barton at three other times, &C.
cording to his testimony. Up to this point
Barton had not included Heany. the in
yentor in his confession Of conspiracy.
Everding was the only man mentioned.
but Barton's testimony was Of very
damaging nature to the defense, and, IT
correct, accuses Everding Of everything
the government had put down in the in
dfctment. Just at recess time, however.
Barton said Heany had been present
when Everding gave him (Barton) 81 ECO
ito bridge him over" until the new COM