New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-26

The trial of Rae Tanners former law
yers. David and Maxwell Slade. and the
private detective, Albert j. Mccullough
for conspiracy in the $4,000 breach OF
promise suit brought by the petite mil
liner against James ". Osborne, began
yesterday before Judge Russell in the
United States District Court From the
start the atmosphere was suggestive Of
the approach Of the Fourth Of July,
with a promise Of larger displays OF
fireworks as the trial advances.
Judge Russell announced at adjourn
ment of the morning session that the
jury would be locked up in the custody
Of United States Marshal Mccarthy
during the entire trial, but changed his
order at the close of court and allowed
them to 90 to their homes. The court
then intimated that the jurors would be
locked 10 for the remainder OF the
trial, and arrangements were made for
them to stay at the Hotel Knicker-
booker. II will be the first time Fed
eral jury has been guarded in this
manner since the trial OF Charles W..
Morse, in 1908, it was said.
aerial bombs of explosive oratory to
break right at the start. when the jury
had been speedily obtained and Roger
B. Wood, Assistant United States AttOr-
ne , opened for the government. Martin
W. Littleton, counsel for the defence,
lighted most of the fuses with his fiery
objections to Mr.. Woods efforts to en-
tighten the jury on many OF the circum-
-. consolidated Tungnr- Ne
borne muddle, on the grounds that his
clients were not being tried for black
mail but for conspiracy, and all such
circumstances were beside the issue in
volved.
"The fiery furnace Of the forum" an
expression which Mr.. Littleton used,
was not infrequently replenished by the
calm but persistent overrulings of the
court, and the quiet, methodical man
ner in which the Assistant United
States Attorney proceeded TO elaborate
upon the alleged Osborne-TanZer ro-
nance. II was remarked that the South
ern states were well represented at the
trial, Judge Russell coming from
Texas and United States Attorney Mar
shall, Mr.. Littleton and James W. Os-
borne all hailing from south Of the
Mason and Dixon line.
A climax came when Mr.. Osborne
was on the witness stand. just before
the close Of court, and was trying to
suggest a motive and advance reason
for luminosity on the part of the SHADES
toward him because he had accused
them Of a "frame-up" in open court in
case in which he had opposed them
about year ago. Mr.. Littleton sprang
TO his feet.
81 object 70 any such testimony" he
shouted, las grossly unjust, unfair
and prejudicial TO these defendants. /
expect this witness has had scraps
with 500 lawyers in court"
"Not so many as that" remarked the
witness.
"Well, we had a good one" said Mr..
Littleton.
81 remember Mr.. Osborne started
to reply. when Judge Russell cautioned
the two men not to indulge in person
alities.
I'm the hectic atmosphere Of debate"
continued Mr.. Littleton, "in the fiery
Iurnace Of the forum. whatever Mr.
NOsborne may have said in one Of his
outbursts could certainly not be con-
strued as evidence against these de-
PENDANTS for violation OF Section 2l5
Of the Federal criminal code, with
which they are charged"
The court overruled the objection.
But counsel for the defence came back
III the government had dared to
charge these defendants with black
mail, or improperly bringing Miss Tan
zer's suit, some OF this testimony
might be relevant" he said. 81 invite
the government TO indiet these defend
ants for blackmail, so that we can
thrash out this whole thing from be-
ginning 10 end. before the court and
before the world"
Aagiu when Mr.: Osborne had related
how the mysterious and missing "Oli-
yer Osborne" had come TO him and an
nourced that he had been the real
sutton Of the diminutive Tanner girl,