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foam NO, 10 5010-104-01 UNITED STA} de (NMENT t. | Memorandum TO : DIRECTOR, FBI (7-86) DATE: May 23, 1962 — boom : SAC, CHICAGO (62-4098) te Oo. Meee gaye “suaject: ROGER TOUHY Bon Styles . 8° HABEAS CORPUS PROCEED ING Loe . - aut +¢ . ae woe . “ ~ “ . *. a, . . : . Re Chicago letter dated 4/23/62. "=": Oo to ("+ phe docket in captioned matter was weyiewed on May 15, 0 1962. No action has been docketed since February 19, 1962. Boot >> gp peview of the file disclosed that the deposition of ee ISAAC COSTNER had been returned. This deposition was taken in’ ° the United States Penitentiary at Atlanta, Georgia on December 29, | 1961. The FBI was not mentioned in any WAY. ak ON wot: Ae a - . It will be recalled that COSTNER gave & deposition in ~ the habeas corpus proceeding before the late Judge JOHN BARNES : in 1948 in which he deposed that his testimony in 1933 at the ‘kidnapping trial of TOUHY.. and others, that TOUHY had kidnapped <= FACTOR was false. et aa re es In this 1961 deposition he now states that the original 1933 testimony was true and that the 1948 deposition was false. He made the false 41948 deposition because he was about to be released from Leavenworth Penitentiary and he feared for his life if he were to depose that TOUHY was guilty. — ot * | In this deposition he denied having @ recollection of — . any of the questions and answers in the 1948 deposition. , Cece “2 Bureau eee i-[ - Chicago