The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-03-25
tanner INDICTMENT
WRONG--LITTLETO
Federal Court No Place for Her
Trial. He Tells Marshall
Investigators.
PROCEDC RE HELD FAULTY

WAsIIlNGroN. March oi.-The course
followed by United States Attorney II.
Snowden Marshall In bringing about the
indictment Of various persons connected
James W. Osborne OF New York was
made the occasion to-day for a general
criticism OF methods adopted by the Fed
erai authorities in administering criminal
law by Martin ". I.ittleton before a
subcommittee Of the House judiciary
Committee.
Mr.. L.itlleton expressed the opinion
that the curse pursued by the United
States District Attorney in the Tanner
case was wrong. In the first instance.
he said, there had been a "wrenching"
II Jurisdiction, as a result Of which the
indictments were brought for interfer-
ence with the administration Of Justice.
Whether blame for this could he laid
az the door OF Mr.. Marshall or whether
IL was due to "a system that has grown
UP in New York. Mr.. Li,tleton said, the
committee must decide for itself.
The committee made several inefec-
| tuai attempts to obtain from Mr.. Little
WI WI 'Fst'l VI 'lliti,i ~ ~ ~
charge hat District Attorney Marshall
had exceeded his authority.
II want to reply to the committees
question: said MIR. 1ittlcton. AT the
same time ! do not wish to express an
opinion which IL not founded on what ]
know to he actually true. realize that
I must weigh my words carefully. |
have known Mr.. Osborne for sixteen
years and am friendly TO Mr.. Marshall.
I 10 not wish to do either Of the men
an injustice"
Il do think that the assumption %
jurisdiction IN these cases and the a..
sumption OF jurisdiction to prosecute
Rae Tanner in the Federal Court was
an improper assumption. The case never
ought to have been in that court.
There may he two opinions about
that. Nftcr il WAS lone the iudictmcn'
Ut Stafford. the SHADES and others FOR in
,erfering with the administration q,
. Justice rested on that single act ~ iiXin-
the jurisdiction. II that had not beer
done the Indictment could not have beef
brought
Mr.. Lttle,on explained that II th'
purpose OF Rae Tanner had been black
mail there were state statutes covering
the case.
The case with which men are ~.
dicted and prose utej IN New York II
the administrator OF the criminal law
b, the Federal authorities" he added
lis very unfortunate. Many INHERITED
vices OF this kline have been accumu
lated Whether Mr. Marshall should h'
charged with these or whether 1t Is par
and parcel OF tine system that has grow
up | am not willing to say.
There liz another phase in this case
felt that Il was very unfortunate tina
,he whole crowd Of defendants IN n civil
suit should have been Indicted for 8
criminal offence while the civil suit va
pending
What Was YOU idea 90 - =" :caso
'ur starting this proceeding IN the Fed
c'al court - Was asked
~ don't III" TO express AZ opinion
replied NJ. L..;t'eton. My first .mpres.
sion was that IL was brought In the Fed.
cIai court becaus. IL might b" though,
TO he more favorable TO the complainant
Mr.. Osborne. acting for the Government
was well known in the Fedora courts
Vt the same time. however. ne had seer
sixteen years OF similar practice before
the state courts as public prosecutor
| know Of no fact which would warran
, ne In saying that ne was going into ths
Fed. al cour, because Il would iusui.
him a more favorable forum"