New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-25
Lawyer Dramatically Ends
Governments Case
Against Stafford
WITNESSES BUILD
UP HIS ALIBI
Two Women Tell of We'd
ding of Wax in 1914
to Mrs. Nye

The government brought its case
against Franklin ID. " Stafford to
dramatic close in the United States
District Court yesterday afternoon
when James W. Osborne cried vehe-
mently that he had never seen Rae
Tanner until she appeared at the hear
ing before Commissioner Clarence ,.
Houghton on March "a, 1915. two weeks
after she had brought $4,000 breach
of promise suit against him.
when was the first time you ever
saw this woman" william Rand, jr.'
Special District Attorney, asked.
Mr.. Osborne turned toward the jury
Then. with his face flushed. his eyes
swapping behind his spectacles and ms
voice trembling, he leaned forward ana
cried:
Never Saw Rae Tanner
"On my honor as a gentleman. on my
oath as an American citizen and on my
standing as a lawyer ! never saw TINS
Young woman until she appeared DC
fore Commissioner Houghtonl
Mr.. Osborne was the last witness
called by the government In reouttal'
He corroborated the testimony OF other
lawyers and of court stenographers'
that in November and December, 1914
when Rae Tanner says that she was
with Oliver Osborne, he was IN frovi-
dence. lie was subjected 10 vigorous
cross-examination by Benjamin Slade'
attorney for Stafford, particularly as 10
how he had spent Christmas Eve, iyll,
when Rae Tanner said that she talked
to Oliver Osborne.
"On December "a ! left my once
about $3.50 o'clock" he said. 81 bought
two boxes of candy at the Mary Eliza
beth candy store and ] went home 10
my wife in taxicab. After dinner l
went TO the Manhattan Chess CLUB.
Several witnesses were produced pE
the government to strengthen the alipi
for Mr. Osborne. Fred b. McNisn' OF
Sc West Eleventh Street, an attorney
testified that he was associated with
AIR osborne i'm the Providence litiga-
ton. and that Mr.. Osborne was IN the
Rhode Island city practically. all of De-
cember and about half of November,
1914. ,
Frank Beynon. of Gel West 13bth
street, teaCNtT VI NHtoH' 'N1
he played chess with Mr.. Osborne at
the Manhattan Club on October ~ ana
December "a. 1914; and John krauss'
of 1877 West Seventh Street, steward AT
tho Chess Club in 1914. Identified
entries in his charge book which tended
10 show that James W. Osborne was AT
the club on October 1, u, Is, 10, 20, IL
%. "a. 81 and 80; November !, 2, o, .,
10, u. 10, Il, II, 20, 81. 20 and 20, ana
December 4, 5, II, 10, %, %, "a and 20
The government also produced IN the
afternoon an unexpected witness IN
Mrs. Lillian Brooks Miller, of 436 West
Twenty-fourth Street, sister OF Mrs.
Ethel Brooks Nye. Mrs. Nye was also
on the stand.
Two Identify Wax
Both identified Charles II. Wax as
the man who married Mrs. Nye IN l9le
under the name of Maise Mason Nye'
They also identified as belonging to
Him a trunk which Mrs. Stewart Dem
ham. Of 161 East Sixtieth Street, swore
had been left at her boarding house Dy
the man she knew as Charles Bacon
and Oliver Osborne.
Wax was in the courtroom through
out the afternoon, and when Mrs. Nye
was on the stand he betrayed greater
interest in the proceedings than at any
time since the trial began.
The defence will begin the presenta-
ton of its case in rebuttal to-day