New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-15
Papers in Plea of Convict
ed Hotel Clerk Tempered
With, Is Charge.
COURT is ASKED
TO DISMISS CASE
David Slade Denies Record Was
Changed-SaffOrd, Sentenced,
Still Out on Bail.

cred IN the tangled legal skein known
20 the oliver Osborne" case was made
known yesterday, when H. Snowdcn
Marshall. United States District At
tcraey. obtained an order from Judge
Lacombo. Of the Circuit Court Of APP
peals. returnable to-day. The order
directs Slsde & Slado, counsel for
Franklin d. Stafford, the clerk who was
convicted OF perjury for swearing that
James ". Osborne, Assistant United
states Attorney, was the mysterious
oliver" to show cause Why Stafford 9
appeal should no. be dismissed, IN
asmuch as the appeal papers were IN
correct and probably purpcseiy talsi-
fed.
Stafford was sentenced By Judge
Charles ". Hough to nine months in
the penitentiarv on Blaekwell's Island
for his testimony that the Assistant
District Attorney registered at the
Kensington Hotel, Plainfeld, y. j., with
Rae Tanner as "Oliver Osborne and
wife" Stafford was later released on
bail pending a decision on his appeal.
In asking Judge Lacombe TO dismiss
the appeal District Attorney Marshall
said:
"On information and belief | re-
specially call the courts attention 10
the following facts, which tend to midi
cate that the bill of exceptions and
transcript Of the record made up from
the bill of exceptions and filed in this
court. have been falsifed since the
bill OF exceptions was settled ana
signed BY Charles NJ. Hough, who was
trial judge in the case"
It IS then explained in another afi-
dayit made b. Roger B. Wood, Assist
ant United States Attorney, that on
concentrations MADE ny Abraham J.
Wvnehouse. a clerk in the employ OF
SHADE & Slade, to the effect that the
Stafford appeal papers were the same
as passed by Judge HouGh, ne signed
stipulation and allowed them 10 De
fled with the Appellate Court. Since
then. Mr.. Wood says, he has discovered
interlineations written IN Iead Pth0i
recording exceptions and ooJecIiohs
and rulings purported TO nave peeh
made by Judge Hough, but Wnlch 90
not appear in the stenograpner min
utes Of the trial, and which, ~ IL al
legged, were probably inserted 70 sup.
port the contention OF the appeal mat
error was committed IN the ADMISSION
OF hearsay evidence against SANFORD
Two OF the alleged interlineations
complained of appear in the record OF
a. testinony Of Mrs. Leila Van Wyck
Osborne. wife of James w. Osborne.
She testified concerning the talk she
had Win Oliver O-ba.;. u 81
man Square Hotel on March 10 last,
when MISUNDERSTANDING came
forward and admitted he was the man
who had accompanied Rae Tanner TO
inc hotel at Plainfeld. Another has
to do with the testimony OF Edwin w;
Wilcox, n lawyer, who accompanied
"Oliver" from Mr.. Osborne's ONCE 70
the Sherman Square Hotel on the same
date. :,
After the order TO show cause had
been granted by Judge Lacombe. DaYll
Slade, who, with his brothers. Ben
iamin and Maxwell. compose5 the nrm
of Slade & S!ade, called at the ofhcee
OF Assistant District Attorney Wood
and declared that the allegations that
the record had been tempered with
were absurd, malicious and untrue. lie
asserted that the interlineations com
planned of had appeared in the type,
written copy which had been signed
by Judge HouCh Prosecutor WOOD.
however, said that Judge HouRh de-
MED that the interlineations were in
the copy he signed.
Rae Tanner is awaiting trial on q
charge of using the mails to defraud
James ". Osborne by bringing a
breach Of promise suit for $4,000, and
also on q charge of perjury. Two OF
her sisters are also under indictment
for alleged perjury. David and Max
well Slade are under Indictment on
charge of conspiring to influence me
testimony Of q witness with intent 10
defeat the administration of justice.