The Bismarck Tribune Newspaper, January 3, 1935, Page 7

a \ . CONTINUE from page one D Mother Testifies 45 Minutes, Tells Of Son’s Last Day with my gon, and Mr, and Mrs. Ollie ‘Wheatley, servants, Betty Gow, the urge, and Colonel Lindbergh.” Lindbergh Nods to Her Lindbergh nodded encouragingly. ‘Wilentz asked his questions in a quiet, reassuring way. | “He (the baby) was perfectly nor- mal and perfectly healthy, yes,” she sald, And as to whether it could talk, “of course.” “What was the color of its hair?” Wilentz asked her. She bit her lower lip, hesitated. “Light golden,” she replied. State Makes Charge The state charged to a quickly com- pleted jury earlier Thursday _that Hauptmann killed Baby Lindbtrgh simultaneously with the kidnaping of the child. The state further charged the stolid Bronx carpenter with ripping the sleeping suit from the dead baby in order to perpetrate a ghastly ransom hoax upon the parents. Taking of testimony began imme- Giately after the state's statement of its case with Walter E. Roberts, Hun- terdon county engineer, on thestand to explain charts of the Lindbergh estate at Hopewell in line with the state’s attempt to prove the crime was committed at the place charged. The attorney general, David T. Wil- entz, told the jury he would prove that the man who kidnaped the baby and murdered it “sits in this court- room.” Frank Never Heard Of Lindbergh Case Flemington, N. J., Jan. 3—(®)}— There is one man who “never heard of the Lindbergh case.” He is Frank Borowiec, who says this was so before he was called from his Sourland mountain home aS @ prospective juror at the Hauptmann trial. After a quarter hour's question- ing and debate between opposing counsel, he was dismissed for Accuses Hauptmann accusing Hauptmann, he “He went out that window and down that ladder of his. The ladder broke. He had more weight going down than he had when he was com- ing up. And down he went with this child. “In the commission of that burg- lary the child was instantaneously killed when it received that first blow. It received a horrible fracture, the dimensions of which when you hear about it will convince you that death ‘was instantaneous.”. Edward Jay Reilly, Hauptmann, demanded a mistrial at the conclusion of Wilentz’ vivid out- line. Reilly charged it was intended to “inflame the jury.” Justice Tren- chard denied the motion. Wilentz had continued his part about the incident at the ladder, thusly: “Getting down there he took the ladder and about 70 feet away the load was too heavy. In the one hand he had the ladder and in the other he had this bundle. This dead pack- age to him. The ladder was of no erful use to him. He abandoned that. Ripped Off Garment “Then, knowing the child was dead, he wasn’t a bit concerned about it and there, three thousand or more feet away and still on the Lindbergh estate, he yanked and ripped the seeping garment of that child off its ly. “Though it was cold, and raw, he yanked and ripped that sleeping gar- ment off that child, because he didn’t need the child, as we will show you. He needed the sleeping garment. “A few miles away, he scooped up a hastily improvised and shallow grave and put this child in face downwards and on he went on his way to complete the rest of his plans in thjs horrible criminal endeavor.” A look of horror flitted across the faces of the recently sworn jurors as Wilentz described a gruesome morgue scene, relating the story of a “hor- ribly decomposed” little body. “That was the little eagle.” His last words flung over the crowded, breath-oppressed courtroom were: Demands Death Penalty “This state will not compromise with murder or murderers.” banged on the jury rail—“We demand the penalty of first degree murder!” Sitting, listening, thin-lipped, dour- faced, was Hauptmann. A few chairs from him the famous flier father. Anne Morrow Lindbergh, pale, com- Posed, sitting two ghairs from Anna Hauptmann—the who believes in the innocence of her man, and who backs the belief with all the fight that's in her, All of them heard Wilentz say of Hauptmann: “He wanted money, money, money, Hauptmann braced himself, but re- mained immobile in expression. He displayed no emotion. Wilentz spoke of Dr. John F, Con- con, “a very distinguished educator in the Bronx,” and told how the aged defender of | UY. Congréssman Warned Federal authorities investigated letters recei by Rep. George Foulkes of Michigan warning him “something mysterious” would hap- pen to him unless he ceased sup- porting the President. The letters also threatened President Roose. velt (Associated Press Photo) ‘Wilents turned and waved his arm, fist closed, toward the chair where the defendant sat. Recounts ‘Jafsies’ Work He recounted two ransom contacts with Dr. Condon. ‘When the money was finally paid in the cemetery Wilentz charged Hauptmann told Condon, “good He told of the futile flight Col. Lindbergh made to Gay Head, Mass. “And Lindbergh, who could find a ‘speck at the end of the earth, could not find his baby—because Haupt- mann had murdered that baby.” Wilentz launched into a description of the finding of the baby’s body. “One leg was gone, eaten away, or rotted away,” he said. “One hand was gone. There was the curly blond hair, the high prominent forehead, the foot with the overlapping toes.” Mrs, Lindbergh’s head bowed for- ward. Her eyes were fixed on the floor. Perspiration appeared on Col. Lindbergh’s brow. He moved nerv- ously in his chair. Betty Gow also dropped her head | forward, her eyes downcast. “This state will not compromise with murder or murderers,” Wilentz continued, banging on the rail of the box. “We demand the penalty of first degree murder.” Those were his last words. He sat down, mopping his brow. Roberts was sworn as the first wit- ness. The first exhibit was a map show- ing the Hopewell area. Hauck next offered a chart of the east elevation of the Lindbergh home and of the nursery. The chart showed the window through which the child was taken. Roberts told the jury the height to the nursery window from the ground was 14 feet 3 inches. Roberts described the third chart, which showed the ground floor out- line of the Lindbergh estate and de- |The velopments in the vicinity. After the noon recess County En- gineer Roberts took up his direct tes- timony on the diagram showing the outline of the Lindbergh house ground floor and various other developments in the immediate vicinity of the house. He used a pointer to indicate the various details of the chart. Trial Off to Quick Start Mrs, Lindbergh came into the old colonial, breath-oppressed courtroom shortly after Justice Thomas W. Trenchard reopened the proceedings Thursday. A ripple of excitement rolled over the crowd as she entered, accompanied by a woman friend. Mrs. Lindbergh was escorted to a seat in the second row of special chairs near the judge's bench. She appeared very pale. Her husband shot one glance to- ward her as she came in, then stared straight ahead. There was no change in his set expression. Many eyes were on Colonel Lind- ‘He |bergh Thursday because of reports he was carrying @ revolver in an arm holster. When Colonel H. Norman Schwarzkopf of the Jersey police was asked to verify the revolver report, he invited his questioners “to look.” man inserted an advertisement in the | only Bronx Home News offering his serv- | other ices as an intermediary. “That advertisement Mr. Haunt- mann answered,” he said thumping the court rail, Gon and asked: “Will I burn if the child dies?” Describes Ransom “Hey doctor!’ ‘hey doctor!’ twice,” shouted Wilentz “In the still of the night you could have heard that shout for blocks” — When he referred to Hauptmann, John M. Trendley, East St. Louis handwriting expert, would testify the Lindbergh ransom notes were mot written by the German carpenter. Trendley was reported prepared ‘to say that Isador Fisch, the friend of Hauptman, from whom he alleged he received the ransom money, and who subsequently died in Germany, was the author of the notes. sf Weather Report FORECAST For Bismarck and vicinity: Tight snow beginning late tonight or Fri- day; rising tem- kota: Light snow beginning late to- night or Friday; rising tempera- ture, kota: Generally fair tonight and Friday; rising temperature. Partly cloudy to. ly to- night and Friday, ‘WARMER robably light snow northwest portion; warmer east and south tonight and extreme east Portion Friday. For Minnesota: Generally fair, not eloudy. and’ °wapmer pesatay Piet warmer, it snow in north portion. baad GENERAL CONDITIONS A high pressure area is centered over the northern Great Plains this morning (Bismarck 30.60) and a cold} wave has overspread the upper Mis- sissippi Valley and the northern Great Plains, Low pressure areas are cen-! tered over the eastern states and over the north Pacific coast (Seattle 29.90). Light, scattered precipitation has oc- curred in the northern Border States and in the Canadian Provinces,’ but the weather is generally fair in all ea a morning. ‘arck station barometer, inches: 28.65. Reduced to sea level, 30.60. PRECIPITATION For Bismarck station: { Total this month to date ..... 00 Normal, this month to date 03 Total, January Ist to date 00 Normal, January Ist to date .. 03 Accumulated deficiency to date .03 TEMPERATURES Mest eat Pet est est Pet. Bismarck, N. D., clear , -10 43 00 Amarillo, Tex., clear 32 58.00 Boise, Idaho, clear 16 30.00 Boston . 24 28 «(00 Calgary, Alta. 6 88 (16 Chicago, Tl, cidy. 36 40 «00 Denver, Colo. clear .. 30 60 00 Des Moines, Iowa, clear 14 50 .00 ils Lake, 22 10 (OL - 6 24 00 lear 26° 60 .00 lear -14 4 «= .02 Fargo-Moorhead, clear -14 16 01 Grand Forks, clear .. -21 10 .03 Havre, Mont., eo 0 42 00 Helena, Mont., cld; 46 00 Huron, S. D.. clear 52.00 Jamestown, N. D., lL 00! Kamloops, B. C., cldy. 36 «00 |Kansas City, Mo., cle: 5000 Lander, Wyo., clear . 48 00 Los Angeles .. 66 00 Medicine Hat, A., cldy. -4 4 02 Miles City, Mont. clear -2 44 .00 Minneapolis, M. clear. 0 40 .00 |Modena, Utah, clear .. 14 52 00 ;Moorhead, Minn., clear -14 16 01 Minot, N. D., ck -19 34 «4.00 Miami ..... 17 74 00 New Orleans . 46 56 «6.00 New York . 32 34.00 No. Platte, Neb.. clear 12 60 .00 Okla. City, O., clear .. 34 56 .00 Pr. Albert, Sask.. clear -26 8 .02 Qu’Appelle, S., clear . -26 2 10 Rapid City, S. D., clear 2 60 .00! Roseburg, Ore., foggy .. 26 46 .00 St. Louis, Mo., peldy. .. 40° 58. .00 Salt Lake City, U., clear 18 38 .00 8. 8. Marie, Mich., snow 14 22 10 Seattle, Wash. clear .. 40 48 .30 Sheridan, Wyo. clear . 8 58 .00 Sioux City, Iowa, cle 4 54 00 Spokane, Wash.. clear.. 34 44 .06 Swift Current, S., peldy, -12 4 02 le Pas, Man., clear .. -38 -16 .00 Toledo, Ohio, clear... 36 40 .00 Valley City, N. D., clear -17. 34 00 Williston, N. D., clear . -16 34 .00 Winnemucca, Nev. clear 14 46 00 Winnipeg, Man., clear -30 2 .30 Former Legislator of Cavalier, N. D., Dies Cavalier, N. D., Jan. 3—(?)—Henry Geiger, 71, Cavalier city council mem- ber, former state legisiator and for a hal century a resident of northeast ern North Dakota, died late Wednes- day at his home here. Born in Ontario, Mr. Geiger moved to North Dakota in 1884, homesteaded near Langdon, later moved to Hamil- ton, and lived in Cavalier from 1920 to the time of his death. He oper- ated extensive farming interests. He was a member of the state house of representatives in 1911 and 1913. He leaves his widow, four daughters, Mrs. C. J. Metz of Chicago, Mrs. Wil- liam Davis of Philadelphia, Mrs. Morris Reider of Hamilton, N. D., and Miss Nina Geiger of Bismarck; and four sons, G. G. Geiger and Win- field Geiger of Kenmare, N. D. and Admiral Geiger of Drayton and Mar- vin Geiger of Cavalier. Code Price Fixing Illegal, Says Judge NRA code price fixing, even in transactions a part of interstate as held unconstitution. District Judge Mer. jabove) at Kansas City in a decision which NRA legal au. thorities in Washington indicated would be appealed. (Associated Press Photo) CONTINUED District Court to Rule on Right of Moodie to Office by counsel for both sides was filed with the court. In the stipulation, it was agreed that copies of registration for voting in Minneapolis by Moodie and his wife should be part of the record. Affidavits made for Moodie by fel- low workers in Minneapolis and other places, bearing on his intent, also were made part of the record by the stipulation. It was also stipulated that Moodie is a citizen of the United States. A return was filed with the court by Walter Welford, Republican lieutenant-governor elect, a party to|f the act by order of the court, that he has no interest in the action “at this time.” CONTINUED from page one’ ‘Hil? Hears Hint Of Surprise Plan For Unemployment Before the vote, bonus supporters had received assurances the rule would not be used against the drive for immediate cash payment of $2,- 100,000,000 in adjusted service certifi- cates, which 1s opposed by President Roosevelt. Represehtative Bertrand H. Snell of New York, was chosen again to be the minority leader in the hguse. Sen- ator McNary of Oregon, was slated to be renamed Senate G. O. P. leader. The badly outnumbered Republicans heard sadly the news that the Dem- ocratic house caucus had decided to cut down Republican membership on committees to one-fourth the total. At present, on some committees the ratio is 3 Democrats to 2 Republicans. Friday night the president will con- fer with Democratic leaders about procedure and strategy. Some leaders sre expected to urge a bonus com- promise to avoid a knock-down fight. The all-important budget message will be sent to the hill Monday. MENTHOLATUM Gives COMFORT Daily and exact yardage requirements. To obtain this pattern send 10 cents in stamps or coin (coin preferred) ta The Bismarck Tribune Mth Street. New York, N. Y. hold Arts Dept. 259 W. of special representatives. This assures The Tribune’s leadership in reader interest in all its territory. Seven fine comics are published daily in addition to an editorial page cartoon, “Out Our Way,” and Major Hoople. 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