New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-02
Authorship Still in Twi-
light Zone, He Admits on
Stand at Slade Trial.
NOT J. w. OSBORNE'S
WORK, HIS BELIEF
Counsel Fails to Have Court Re-
buke Prosecutor for "Dia-
bOlical Practice"

r tective, charged with conspiracy IN the
$4,000 breach of promise suit brought
by Rae Tanner against James w. Os-
borne. The government called William
J. Kinsley. the expert who figured IN
the MolineuN case and other famous
trials primarily 10 show that the hand
writing in the numerous Oliver Os-
borne letters in evidence and that OF
James W. Osborne were not the same.
An even more important fact which
the government sought 10 estaDilsh
through the testimony Of Kinsley was
that the handwriting on the register OF
the Hotel Kensington, in Plainheld, n.
j., which Miss Tanner alleged shs Wis
tied in company with James W. Os-
borne on October is, 1914, was not that
OF the man she accused. The witness
did not entirely clear up these points,
but left some OF his comparisons in
what he termed "the twilight zone.
Assistant United States Attorney
Wood offered in evidence twenty-three
checks and two letters of James w. Os-
borne, which were used as standards of
comparison. Mr. Kinsley testified that,
in his opinion, all Of the Oliver Os-
borne letters written TO Miss Tanner
and other girls were in the same hand
writing, and that James W. Osborne
had not written them. He swore that
the entry on the hotel register, 80. Os-
borne and Mrs. o. Osborne" was not in
J. W. Osborne's handwriting, but he re-
fused TO express the opinion that the
writing In the 0. Osborne letters and
on the hotel register was the same.
Wants Wood Rebuked.
A sharp spat occurred just before
the adjournment of court for the day,
which resulted in Martin W. Littleton,
counsel for the defence, asking Judge
Russell to rebuke Mr.. Wood. The de-
fence has striven from the first, in
examining the prosecutions wit
nesses, 10 create the impression that
the government went TO unusual ex-
tremes in the Tanzer-O Osborne case.
Howard B. Mayhem, a Post Office in
spector, was on the stand, and Mr..
Littleton brought out that he had
sworn TO the affidavit charging perjury
on the part of Franklin D. Stafford, the
Kensington Hotel clerk, who identified
James w. Osborne as the man who had
been at the hotel with Rae Ianzer.
did you know of your own knowl-
edge that Stafford had actually per-
jured himself| Mr.. Littleton asked.
"No."
well, at whose instance did you do
itH"
81 signed it at the behest Of As
sistant United States Attorney Wood"
That's ALL" said Mr.. LittletOn, sit
ting down suddenly with a self-satlsted
smile.
Mr.. Wood was ruffed. He hurried
around to the end of the jury box fac
ing the witness.
"And was not Stafford found guilty
at his trial ?" he demanded.
Mr.. Littleton was on his feet in
fash.
"Your honor" he cried, that is the
most diabolical piece of legal practice
man could be guilty Of. Mr.. Wood
knows the question is highly improper
and that evidence cannot be put before
this jury in such fashion. If | was
not in a hurry TO get through with this
trial ] would ask your honor TO with
|. draw a juror and force a mistrial. |
hereby openly rebuke Mr.. Wood for
such tactics and | request that your
honor also rebuke him before this
jury"
Subpenas L. s. Witness.
Judge Russell merely. sustained Mr..
Littleton's objection and ordered the
question stricken from the record. At
the close Of court Inspector Mayhem
the apparent intention of inquirinG
further into the circumstances sur
rounding the making Of the affidavit
against Stafford.
W. G. Swain, the Post Office in
spector assigned TO the Osborne-TanZer
case, with Mayhem, repeated his test-
mony at the Stafford trial that he had
seen Mccullough point out James W.
Osborne 10 Stafford in court before the
latter identified him. On cross-eXam-
ination counsel for the defence had
Swain relate in detail his various eX-
petitions in running down clews IN the
search for the elusive Oliver Osborne.
The witness was questioned closely IN
regard TO the finding Of the alleged
Oliver Osborne's trunks at Mrs. Den
hams boarding house, at l6l East
Sixtieth Street
In answer to Mr.. Woods questions
on redirect examination, Inspector
Swain explained that he was first led
10 20 TO the East Sixtieth Street house
in search of Oliver because the letter
carrier on that route had told him
that he had delivered letters at that
address for Oliver Osborne.
Mr. Littleton tried long and hard
20 get Mr.. Kinsley to express an opln-
ion as 10 whether the handwriting on
the henSluGtON Holtl register anu III
the Oliver Osborne letters was the
same. While the witness was eXpertly
sure that James W. Osborne had not
written the names on the hotel regis
ter, he said he had not sufficient ma
terial TO make o full comparison be-
tween that and the writing in the
o. o. letters. Referring to the letters
he said, in his opinion. they were
written by an "effeminate man"
In Twilight Zone.
"If IL were proved to be q woman's
writing. would you say she was a mas
culine woman ?" asked Mr.. Littleton.
Eyes" replied Mr.. Kinsley.
"Then the handwriting Of these
Oliver Osborne letters is in the twi-
light zone ?" counsel asked.
yes" the witness replied.
William NJ. Darling, who procured
Franklin d. Stafford. the Kensington
Hotel clerk, as a witness for the SHADES
in Miss Tanzer's contemplated breach
of promise suit against Mr., Osborne.
was on the witness stand for two or
three hours yesterday. His testimony
had TO do, principally, with his asso-
Citations with Stafford before and after
the hearing at which Stafford identified
J. w. Osborne. The trial will be re-
TO-DAY