The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-05-10
0. OSBORNE WITNESS
JUSTIFIED BY COURT
Stafford. Hotel Clerk, in Rae
Tanner Case, Gains
Legal Victory.
JARED FLAGG WINS POINT

Three important convictions won by
the Government within the last year and
a half were reversed by the United
States Circuit Court Of Appeals IN opin-
ions handed down yesterday. The first
ase reversed was that of Franklin ID.
Stafford. the clerk In the Hotel kensing-
ton In Plainfeld. n. j.. who was SEN
fenced by Judge Hough to serve nine
months for committing perjury In the
case Of Rae Tanner during the series
Of prosecutions growing out Of the Tan
ger breach OF promise proceeding against
James W. osborne.
Another important conviction upset by
the higher court was that OF Jared Flagg
OF SO per cent. a year fame. who was
convicted in the United States District
mails to dcfraud in the promotion of his
brokerage scheme. and sentenced to
eighteen months. A reversal OF the
conviction OF Charles l. Stager. a Gus
toms examiner. found guilty OF conspir-
ing to d!vulge confidential customs In
formation, is also granted by the APP
pellate Court.
Judge Ward writes the opinion in the
Stafford case. with Judges Mayer and
Rogers concurriuG. lie charact,ri2eS
SOM. OF the TESTIMONY concerning tn"
elusive oliver Osborne as the "purest
hearsay" and rules that as such II should
no; have been admitted as evidence by
Judge Hough. who tried the case.
Convicted Of Falae Swearing.
Stafford was convicted OF swearing
falsely that James W. Osborne was the
man who brought Rae Tanner to the
Eensing,on Hotel in Plainfield in Octo-
Der, 1914. James w. Osborne durinp
his testimony told OF the visit he received
at his ofRce from Oliver Osborne, who
then assumed responsibility for the mis-
deeds ascribcd TO the lawyer by Rae
Tanner in her breach OF promise SUIT.
He also testified to divers repetition
of this story TO Mrs. James W. Osborne
az the sherman Square. Hotel
The conversations ~ oliver on those
occasions. Judge Ward insists. Nere
hearsay evidence and should have been
excluded. a. their admission was damae-
ing TO the defence.
Judge Hough likewise erred. the
upper court holds. in refusing TO allow
Safford's counsel TO question Rae Tanner
regarding the CptIlllOI- s|urloullul.lE H'l
statement made 10 the Federal prosecu-
tor IN April. 1915. 10 the effect that she
had made n mistake In identifying james
". Osborne as the man who had taken
her to the hotei Miss Ttnzer. in spite
OF this admission. returned To her orig
inal accusation 80 James W. Osborne a
| the Stafford trial The defence tried -
show that her statement 10 the proseCu'
| tor was merely made for the purpose
OF setting immunity for her sisters. hei
lawyers. David aud Maxwell Shade, and
others who aided her Judge Hougt
would not allow counse FOR the defence
TO question her on these lines. however
Stafford was convicted and sentenced
81 May. 1915 He has been out on bail
pending the outcome OF his appeal.
Judges Coke, Ward and Needer sat IN
the tlagg case. Judge Coke writing the
opinion. which severely criticises the raid
on the Flagg brokerage offices IN West
F'ortieth street on September %. 1911
and declares that tn. seizur. OF his boohs
and papers without a warrant or process
was unlawful and an invasion of the
rights of the defendant under the Fourth
and Fifth amendments to the constitu.
ton.