The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-02
LAWYERS CLASH
ALMOST PUTS END
TO SHADES TRIAL
ILittleton Rcbukcs Wood and
Court Backs Him Up by
Ruling Out Question.
AFFIDAVIT CHARGING
PERJURY UNDER FIRE

F1Ne minutes DcrOre tne CLOSE OF yes
terday's session Of the trial Of David
and Maxwell Slade and their investi-
gator. Albert ]. Mccullough. indicted
for conspiracy TO obstruct Justice In
connection with the charge against Rae
Tanner OF misuse OF the malls. there
was so serious an argument TIVE
counsel that IT threatened to disrupt
the trial.
Post Office Inspector Howard A. May
hew was on the stand and Martin w.
Littleton had boon asking him about
an affidavit he had made charging
perjury to Franklin D.. Stafford. former
clerk at the Hotel K~cnsington, Plain
field, N. j.. who Identified James w.
Osborne as the man who registered at
that hotel on october IS last with Rae
Tanner as O.. Osborne and Mrs. o. Os-
borne. The affidavit was signed on
April 2, the day before Stafford was ar
rested.
Did YOU know Of your own knowl-
edge whether Stafford was guilty OF
perjury" Mr.. Littleton asked.
81 did not answered Mayhem.
"Then why did you sign his arida
vit?'
Roger u. Wood Instructed me to-
said the witness.
Mr.. Wood is the Assistant United
States Attorney now prosecuting the
SHADES. and a broad smile spread across
Mr.. Littleton's features as he began
to probe a little further.
Question Ruled ont.
"You didn't know anything OF you
own knowledge regarding the merits
OF Miss Tanzer's claims against James
w. Osborne. did you?" asked Littleton.
"Only what | read in the news
papers, aid Mayhem, who. with In
spector Swain. had done the investi-
eating for the Government.
That's ALL" snapped Littleton. and
he sat down.
Mr.. Wood rose slowly to his feet.
AFTER you made this affidavit SAT-
ford was convicted of perjury, as
charged. wasn't he?" he asked.
Littleton popped to his feet. his face
red with anger.
Il protest emphatically against this
ross breach of conduct on the part of
opposing counsel" he said. Just be-
cause he was caught. and he knows he
was caught. and was irritated because
Of that, he asks a highly improper ques-
ton. and ! protest strongly against such
tactics.
IF It were not that I am in a hurry
to finish this case l would ask that your
Honor withdraw a Juror and declare this
. mistrial. As it is. / want to do more
thar object TO the question l want to
rebuke counsel for having asked that
question. and l ask your Honor to re-
buke him strongly"
Judge Gordon Russell. before whom
the case is being tried in the United
States District Court. directed the jury
to consider that the question was never
asked.
One Of the chief witnesses Of the day
was William J. Kinsley. handwriting
expert, who has figured in many famous
trials. Mr.. Kinsley. called by the pros
e~cution. is regarded by the defence as
Of its best witnesses.
Testimony By Expert.
Two private letters and twenty-three
checks written by James w. Osborne
were put into evidence. On direct ex-
animation Mr.. Kinsley swore that Mr..
Osborne's writing. as proved by these
documents, Is not the writing on the
registry lard of the Kensington Hotel.
Mr.. Littleton then cross-examined Mr..
Kinsley.
Mr.. Kinsley said he could not tell
whether the man who signed the regis
try slip was the same man who handed
TO James w. Osborne and Mrs. Osborne
tho letter 'eXonerating' James w. of
Rae Tanzer's charges. nor would he
say whether the man who signed the
registry slip wrote the letter which Rae
Tanner says Oliver Osborne handle to
her.
'There are some characteristics which
sre the same in both letters" said the
witness, "and each sample has some
characteristics which are not present
in the other sample, but there are not
enough present or absent to determine
whether the same man wrote both"
As the defence contends that Rae Tan
zer's sweetheart had some one else write
his letters for him. this is highly i'm
portant.
Nor would Mr.. Kinsley say that the
writing In the letters produced by Helen
Kaiser and Blanche Ungar was the sane
as that on the hotel registry slip.
"would you say that a man or a
oma wrote these letters?' asked Mr..
Litteton.
II can't tell" said Kinsley. III It
was q man II was an effeminate man
II a woman she was q masculine
woman"
written BY some one in h twilight
?" suggested Littleton.
Immediately afterward h court ad-
journed to room 227 in h Federal
Building, where tho hearings before
Commissioner Houghton in the case
against Rae Tanner were held. William
NJ. Darling, Safford's friend. who says
he located Stafford for the SHADES, took
the stand.
In Court with Stafford.
Darling said he accompanied Stafford
into court the day the latter picked
James w. Osborne as Rae Tanners es-
cort. At first. before Stafford took the