New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-28
Jury's Verdict Called
New Victory for
J. w. Osborne
MERCY is ASKED
FOR PRISONER
Letters and Papers of Wax
Aided COnvictiOn-Rae
in Court


of perjury in identifying James w.
Osborne as the Oliver Osborne who
accompanied Rae Tanzer to the Ken
sington Hotel in Plainfield, y. j., on
October Is, 1914.
The jury which has been hearing the
case in the United States District Court
for the last three weeks reached YER
dict at 9:10 o'clock last night, after
nine hours Of deliberation. The find
ing was coupled with a recommends
ton for mercy.
Judge Learned Hand continued the
$4,000 bail on which Stafford has been
at liberty since the United States Cir
cult Court of Appeals reversed his pre-
vious conviction on the charge and an
nounced that he would sentence the de-
fendant next Thursday morning at 10
o'clock.
The maximum sentence on convie-
ton for perjury is five years and a
fine of $4,000. When he was convicted
before. in May, 1915. Stafford was fined
81 and sentenced to seven months on
BlackwelPs Island by Judge Charles NJ.
Hough.
Shows Little Emotion
Stafford showed little emotion when
the Jury filed into the courtroom. lie
looked curiously at them and then set
tied back in his chair.
As George A. Wagner, the foreman,
arose and said that "We, the jury. find
Stafford guilty, but recommend him TO
the mercy of the court" Stafford showed
himself forward slightly in his chair,
his face flushed a deep crimson, ms
keen eyes winked rapidly for an in
stant behind his thick eyeglasses and a
cynical smile flashed across his face.
Then he leaned. back in his chair.
Despite, his lack of emotion, the ver-
diet seemed TO come as surprise both
to Stafford and to his counsel, Benjamin
and Maxwell Slade. as we'll as to Lewis
Stuyvesant Chanler, attorney for Rae
Tanzer, who was also in the courtroom.
The iubilation of the government at
torneys and the government postofhce
inspectors, through whose work Charles
II. Wax. who says he is the real Oliver
Osborne, was found, was plainly evil
dent. Samuel Herschenstein, Assistant
District Attorney, said that the verdict
was a vindication Of James W. Osborne
and Of the governments course IN
bringing indictments against the Tanner
sisters and others connected with the
ease. He also said that Ray Tanzers
probably will be the next of the cases
TO be brought to trial.
Jury's Nine-Hour Argument
None of the jurors would diyulge any
information regarding their dellbera-
tions in the jury room. IL was under-
stood, however, that throughout prac-
tically the entire nine hours OF argu-
ment the twelve men stood alternately
ten and eleven to one for conVlcuon'
During the earlier part OF the dellbera-
iurors. while convinced that James W.
Oebornc was not Oliver Osborne, held
to the belief that Stafford had made an
honest mistake. 1t was reported that
the thing that won over the doubtful
Jurors was the resemblance of Oliver
Osborne's acknowledged handwriting TO
that of Charles II. Wax.
Even before the jurors retired II be-
came apparent that the letters written
nv "Oliver Osborne TO Rae Tanzer and
other members Of the Oliver Osborne
Octet. as we'll as samples OF handwrit-
ing of James w. Osborne and Charles
II. Wax, were going TO play an impor-
tant part in the verdict.
Jurors Take Letters
The Jurors took with them three let
tors 10 Rae Tanner from "Oliver Os-
horne" as well as the "steamiitter let
ter" which both James W. Osborne and
Wax have testified was given to Mr..
Osborne bv Wax AT the Sherman
Square Hotel. Later they called for all
of the Osborne letters, including those
he had written to Rose Helen Kaiser
and Blanche Unger, and the ones re-
ceived by Mrs. Ethel Brooks Nye from
him when he married her under the
name of Mason Nye.
At intervals the jury sent for var Gus
books and documents and letters. Ben,
jamin Slade. attorney for Stafford, had
asked that all be given them at once,
but William Rand, jr., Special District
Attorney, had objected. During the
afternoon, at Mr.. Rand's request, Judge
Hand instructed the clerk TO take the
Kaiser, Brooks and Unger letters into
the jury room.
An indication that the jury was veer-
ing toward the governments contention
that James w. Osborne was not "Oliver
Osborne" was seen, by those who have
followed the case carefully, in the &C
tion of the jurors in asking 10 be rein
structed on two points. This occurred
shortly before they were taken out 10
dinner at 8 o'clock.
"The Jury has sent to me two oues-
tions on which they ask instructions,
said Judge Hand. "They are: Pro
vided the jury concludes that James ".
Osborne did not visit Plainfield with
Rae Tanner. arc We within our province
in returning a verdict of not guilty .
and What constitutes perjury
Both these questions embody the
same facts, and can be disposed OF with
one answer. Perjury is deliberate false
swearing i'm a court OF competent juris-
diction. To commit perjury a person
must swear 20 something untrue in
fact, WhicE he knew to be untrue at the
Continued on. pass 5s-roinmn-1
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