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or pears treme soe ow 8010-164~01 UNITED ST: @ RNMENT } Memo. .istum 4 TO : DIRECTOR, FBI (7-86) pate: 3/21/62 . yrrom + SAC, CHICAGO (62-4098) ot SUBJECT: ROGER URY = . HABEAS CORPUS PROCEEDING a vos rs . ‘ rn Remy let 10/10/61. 7 cee a “ ee A check of the docket and of the file 4n the office — of the U.S. District Court Clerk on March 13, 1962 reflects Tee that the deposition of BANGHART has not yet been filed. ~= On December 18, 1961, the Court authorized the . taking of a deposition from ISAAC COSTNER in the U.S. = —-—t Penitentiary at Atlanta. On January 24, 1962, this deposition was filed, but the file jacket does not contain it. A deputy — clerk was unable to locate it and suggested the possibility that Judge ROBSON's office had taken it out. The "Chicago Sun-Times" on March 1, 1962, described this deposition from COSTNER with headlines that COSTNER ~ changed his story and now states that FACTOR actually was -kidnapped. A prosecution witness at the trial, the paper went on to say, COSTNER gave an affidavit used at TOUHY's habeas corpus hearing before Judge BARNES to the effect that he knew nothing about the kidnapping and that he had been in Tennessee during the period that FACTOR was missing. He explains that he swore falsely in the BARNES affidavit be@puse he was about to be released from prison and he feared TOBHY's Piiends would seek revenge against him if be told the trufh. pe the paper. a0 be relates, he admits that he helped kidnap FAC ng “‘Rith ROGER TOUHY. a 3 ip ee ' Cel; : =e i. _ At such time that bis deposition dies pack.¢p file jin the U.S. District Court Clerk's Office,;it wilt be: reviewed ~ as a check against the newspaper descriptign of gts gqontents. ° tw et 7. 6-28 (2- Bureau — aS gg MAR 23 1932 , — ee yay ee ne eee eee ee ee em em cree ee em ee wet