New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-03
SLADE SLEUTH'S
OSBORNE TRAIL
STORY HALTED
Prosecution Fights toKeep
1t Out-Defence Wants II
Spread on Records.
JUDGES ILLNESS
POSTPONES TRIAL
Case Adjourned to Tuesday,
When Court May Rule on Ad-
hitting Detectives Report.

The trial Of David and Maxwell Slade
for conspiracy in the $4,000 breach
of promise suit brought by Rae Tanner
against James W Osborne was abrupt
ly adjourned yesterday in the United
States Court, owing to the illness Of
Presiding Judge Gordon Russell. H.
Snowden Marshall, United States At
torney. announced at the opening of
the afternoon session that Judge Rus
sell had suffered from chills and fever
during the forenoon, and that during
recess his condition had become worse.
The jury was excused until 10 o'clock
Tuesday, when il is expected the trial
will be resumed. Judge Russell, whose
home is in Sherman, Tex, has been
staying at the Oriental Hotel, at Man
haitian Beach, since he has been sitting
IN the District Court here.
The government 2sterday adduced
more evidence to support the counts in
the conspiracy indictment charging the
SHADES with corruptly influencing wit
nesses. Several witnesses gave testi-
mony tending to show that David Slade
had called Rae Tanner attention 10
James W. Osborne when he came into
court at the Tanner girls hearing be-
fore United States Commissioner
Houghton on March "a. The prosocu-
ton contends that Slade attempted TO
identify Osborne for his client at that
time
Milton Hertz, a lawyer, testified that
he was in court at the hearing before
Commissioner HoughtOn, talking with
David Slade, when Mr.. Osborne came
in. lie said that when Shade saw Os-
borne he went over to Miss Tanner and
said to her, Here he comes"
George Morris, a reporter on "The
Evening Telegram" testified that he
saw David Slade speak to Miss Tanner
and the latter exchange glances with
Mr.. Osborne as he came into court at
the hearing before Commissioner
Houghton. In his opinion, he said,
there was no sign Of recognition be-
tween Mr.. Osborne and Miss Tanner.
Archie Z. Evans, a reporter on "The
Sun" testified that he witnessed the
same incident at the Tanner girls hear
ing;
court. David Slade stepped over TO
Miss Tanner and spoke to her" said
Mr.. Evans. Il didn't hear what he said,
q
borne. Slade turned toward the jury
box directly afterward and said: You
see, the little girl recognized him right
away
Mr.. Littleton made a hard fight to-
ward the close Of court to have adj
mitted in evidence reports made by the
Hannah Detective Agency, which the
SHADES employed TO investigate Miss
Tanners charges against James W. Os-
borne before they brought the breach
of promise suit.
Mr.. LittletoD argued that the evil
dence in question went to the very
foundation of the question of good
faith on the part of the defendants in
bringing the breach of promise suit.
John J. Hannah. head of the detective
agency. was on the witness stand when
the controversy arose. Mr.. Littleton
pointed out that MIR. Hannah testified
that his agency was retained by the
SHADES 10 investigate the Tanner case
on March g, the day on which David
Slade called up James W. Osborne on
the telephone and told him Of the
Tanner girls complaint and got Os-
borne's denial of the charge.
After they had obtained Mr.. Os-
borne's denial of the Tanner girls
charges, these defendants did what any
lawyers in town would have done who
wanted to act in good faith" said Mr..
Littleton. "They called in a private
agency to investigate before they
brought the suit on March IS. These
reports show the nature Of the investi-
cation made by the defendants. The
government has had them right along
but has shown no disposition to offer
them in evidence
Mr. Marshall opposed the admission
Of the reports on technicalities and
Judge Russell reserved decision.
Mr. Littleton intimated after court
that he would take steps to investi-
gate the method of making out aft
davits by the government officials. He
said that Post Office Inspector May
hew's admission Thursday that he had
sworn to the affidavit charging Frank
lin D. Stafford the former Plainfeld
hotel clerk, with perjury, merely at the
request of Assistant United States At
torney Wood, without having any per-
sonal knowledge of the alleged perjury,
showed a condition which needed in
vestigation.