Evening Star Newspaper, January 9, 1935, Page 1

WEATHER, (0. 8 Weather Bureau Forecast.) Cloudy, probably occasional rain to- and tomorrow; lowest about 46 degrees; colder to- mortow night. Temperatures—Highest, 52, at 5 p.m. yesterday; lowest, 48, at § am. today. Full report on page A-9. night ture tonight Closing N. Y. Markets, Pages 11,12, 13 Entered as second class matter post office. Washington, D. C. No. 33,125, tempera~ @he Fpeni 'WITH SUNDAY MORNING EDITION n WASHINGTON, D. O, WEDNESDAY, JANUARY 9, 1935—THIRTY-TWO PAGES. o Star Lt 2t The only evening per in Washington with the Associated Press News and Wirephoto services, Yesterday’s Circulation, 131,947 Some Returns Not Yet Recetved UP) Means Associated Press. TWO CENTS. ONDON IDENTIFIES BRUNO TWICE AS‘JOHN’ SAYS HE PAID KIDNAP RANSOM TO HAUPTMANN Talk in Park Planning Deal Related. NOTE SERIES SEEN IN COURT Bronx Man Felt “Honored” to Act in Case. BULLETIN. FLEMINGTON, N. J., January 9 (P).—A motion by Chief Defense Counsel Edward J. Reilly for a mistrial in the case of Bruno Rich- ard Hauptmann was denied today by Justice Thomas W. Trenchard. (Copsright. 1935, by the Associated Press.) FLEMINGTON, N. J, January 9.— Dr. John F. (Jafsie) Condon glared at Bruno Richard Hauptmann in murder court today and said he was the “John” who negotiated for and re- ceived the $50,000 Lindbergh ransom. ‘The elderly Bronx educator had been on the stand only a few minutes when he waved an extended finger toward the prosecutor who questioned him and said: “‘John’ is Bruno Richard Haupt- mann.” The notorious prisoner, accused of kidnaping and murdering Baby Charles Augustus Lindbergh, jr., nearly three years ago, blanched first and then turned a deep scarlet. He glared back at the witness, then glared back at the witness, then averted his face. Condon also identified the letter he in response to the news- paper advertisement which projected him into the Lindbergh case a month after the baby was "2“,’}, e;lm} wt-:; subsequent notes, one of under a stone, which directed his activitles as negotiator. Tells of Meeting. e related in detail his first meet- ing with the then mysterious “John,” when the two talked for an hour in Van Cortland Park, acros. the street He said that he because his own seemed thin. “He coughed,” said Jafsie. “It was ‘what they call 8 hollow cough.” Recalls Cough. ‘Whatever the cough was like, Dr. Condon told the court he didn’t want to imitate it. The long interview, he testified, ended with “John” saying he would send the baby’s “slipping” suit, which Dr. Condon translated into “sleeping suit.” The two of them sat on a bench near a shack in the park as they talked, “John” pretending to be only the for others and express- ing fear the leader “would smack me up,” assuring the aged educator Mrs, Lindbergh would get her baby back. ‘The baby then lay deed in woods near Hopewell. Jafsie related that when “John” coughed he (Jafsie) remarked to him: “The inroads of pulmonary disease seem to astart; let me go over and get you some medicine.” The defense is expected to seize ‘upon the cough and the remark to bear out & contention that “John” was not Hauptmann, dled of losis Hauptimann claims that Lindbergh ransom money found in his possession had been given to him for safekeep- ing by Fisch. In the Van Cortland conversation, Dr. Condon related, he offered “John” a_thousand dollars of his own, but “John” spurned it, and told him: “Nobody baby but you, and you can put that baby’'s arms around Mrs. Lindbergh's neck.” Ransom Paid. ‘When iuncheon recess was ordered, Dr. Condon was in the midst of & re- cital of the trip which he and Lind- bergh made to St. Raymond’s Ceme- tery, the Bronx, to pay the demanded Tensom. The shaggy-browed old man turned in the witness chair to fix and un- breaking gaze the gray face of ‘Hauptmann &s was being led back o jail for his luncheon. Hauptmann, whether conscious of the gaze or not, kept his face averted as he left the Toom. Dr. Condon’s first identification of Hauptmann was reached early in his testimony, when he mentioned taking ‘the money to the cemetery. Jafsie Loquacious. Jafsie at times was loquacious, de- livering his testimony in the manner of an after-dinner speaker. Some- times, after simple questions, his lan- guage and bearing would be ponder- ous. He gestured eloqt P the most of the show, bringing his voice up at the approach of any dramatic incident in his recital. He ‘was sometimes precise, sometimes def- erential, sometimes apologetic, appear- ing to be very careful that he break no rules of evidence. To this end he (Continued on Page 5, Column 1.) BOMB LAID TO REPORTER NEWARK, N. J., J: stench bomb hurled into ewark M > 9 WP~ the front Ledger g E—E Condon’s Testi'mohy on Direct Examination By the Associated Press. FLEMINGTON, N. J,, January 9.— Dr. John F. Condon took the stand as & witness for the State at 10:28 am. The first question asked by At- torney General Wilentz was: Q. How old are you doctor? A. Seventy-four years of age the first of last June. Q. And where do you live? A. In the most beautiful borough in the world . . . Dr. Condon’s answer was cut short by a demand from defense counsel that it be stricken from the record. ‘The gray-haired savant spoke in precise, literal English. His descriptive answers were- such as one might find in stilted literary efforts. Answers Are Criticised, His answers were so thorough that his interrogator could not ask for more. The defense frequently interrupted to ask for less. Condon then said Hauptmann was the “John” of the ransom payment. Following his identification he was led abruptly into the ransom notes. ‘When Wilentz handed the shaggy Jafsie ransome notes to identify, the educator adjusted his glasses and ex- amined the notes with meticulous care for several minutes before identifying the em. Wilentz took the ransom notes to the jury box and read to the four women and eight men the first com- munication Jafsie received from the kidnaper. It read: No. 6 (Dr. Condon asked-to act as intermediary) : “Dear sir: If you are willing to act Lindbergh cace the money from Mr. Lindbergh put them three words the New-York American money .is. redy. $1,000 Offer Rejected, “Affter that.we will:give you further instruction. Don’t be: affraid jwe are not out for your 1000,.$:keép it ohly act stricly.” Be st home every. night between 6-12 by. this time you. will hear from us. g There was an inclosed: note in that bergh, designating Ccndon as ‘the in- termediary in the negotiations. carefully imitating by voice the bad spelling of the note. ‘That one read: No. 5 (acceptance of Dr. Condon as intermediary) : “Dear sir: Mr. Condon may act as go-between. You may give him the 70000 $ make one packet this size will bee about (drawing of small box). “We have notifyd you already in what kinds of bills we warn y it else shall ever get that |Dbe ing you the a will be Hauptmann continued to stare grim- 1y at the witness stand as the ransom note was read. He appeared crestfallen. He paid no attention to Wilentz as the letter was read. Condon identified one ransom note as having been received on the night of “about March 9, 1932.” He identified it, he said, “by the peculiar symbol of three holes,” as well as by its general appearance. “I thought it strange,” the aged gray man related, recalling the re- ceipt of the first letter from the kid- n?et designating him as the go- ween. “I felt rather pleased that I was 80 _honored.” To open the ransom negotiations, Jafsie related how an advertisement was placed in the New York American. “And,” he continued under ques- tioning, “then I went to the home of my family. that on the night he undulate over the packed court. He said it melodramatically, with a little gesture of the hands and a quiv- ver in his voice. ‘Wilents m_panted. “So you -slept in Wilents Reads Note. Wilents then read a note in which . Condon was advised to drive “100 feet beyond the last station” the Jerome ave. subway line, where Lindbergh home was accom- & slight “Ah!” that seemed gentleman at the other end of the wire in Hopewell, 'N. J." He sald he followed the ransom in- beyond the station stand.- ‘And ‘we *“That'is thei exact way: ; " Loquacity Interrsipted. Wilents stopped the witness in one first letter addresséd fo Col. Lind- | said. He went off on another verbal spree on his early training. He sald he had received & bachelor of arts degree at the City College of New York, a master of arts “at that He sald his education was cut short when “at an early age I was com- CUMMINGS ENTERS BATTLE TO RETAIN 1. S. GOLD POLIcY Attorney General Appears in High Court to Meet Attack on Clause. DECISION WILL AFFECT BILLIONS IN SECURITIES Government -Claims Issue Is ‘Whether $1.69 Shall Be Paid for $1 Borrowed. By the Associated Press. Attorney General Cummings told the Supreme Court today that Con- gress and President Roosevelt “acted reasonably in a period of very great difficulty” when they abrogated the gold payment clauses in public and private contracts. Many members of Congress were in the crowd that packed the small court room to hear Cummings resume his detailed review of economic con- ditions confronting the country when Mr. Roosevelt entered the White House. ‘The Attorney General said he would show_that the results Congress and the President accomplished cannot be sald “to be the product of caprice or arbitrary action.” Says Contracts Must Yield. “There is only one thority? The primary difficulty of the argument in behalf of those insisting upen the gold obligations being ob- served is that it is based upon the inviolability of contract undertakings. Written understandings (referring to the gold clauses) must yield to the public welfare.” For the first time in his official capacity, Attorney General Cummings appeared at the bar of the tribunal to meet a five-fold challenge to the act of Congress ‘The . issue o was'. whether holders of bontls snd : ‘or its jequivalent ?n paid 11 the present’currency Resuming: today after a brief ap- pearance yesterday, the Attorney Gen- eral was prepared to elaborate on the Government'’s contention that Con- gress was within its constitutional right in forbidding gold payments. This was disputed by counsel for Norman C. Norman of New York, a holder of Baltimore & Ohio Railroad bonds. His client, he argued, should be paid $38.10 in interest on each bond, representing the current equiv- alent of $22 in gold. He held that Congress had no authority to inter- fere with contracts. Adopting the unusual procedure of defending the Government, in ad- vance of argument from the opposing side, the Attorney General dealt spe- . | cifically with two cases involving se- you, ing occasion. “T'm delighted,” chuckled the doctor. ‘Both Sides Interrupt. ‘The teacher insisted on telling '_‘whltlmldw‘fleldl."onl!whe (Continued an Page ¢, Column 1.) e TRIO ROBS BANK Three Heavily Armed Bandits Get $2,000 in Jacksonville, Fla. JACKSONVILLE, Fla, January 9 (P)—Three unmasked and heavily armed bandits today held up the Springfield branch of the Atlantic Na- tional Bank and escaped with $2,000. “I accept money is ready. Jafsle,” | three the notice read, as directed by the kidnaper. ‘The ransom notes he left with Col. Lindbergh, he said, and returned to the Bronx. beex robbed in the past four years. curities of the St. Louis, Iron Moun- tain & Southern Railroad. . Seek to Reverse Decision. In them, the Bankers’ Trust Co., and Wiliam H. Bixby, trustees for holders of first mortgage bonds, de- mand payment equivalent to the gold redanpf.l'g value. A St. Louls Fed- all these obligations to be at the rate borrowed?” The Attorney General denounced the briefs of his opponents as con- tradic each other and lacking in co-o tion. He told the high court that the Government, despite usual e;nwdure. was defending the law in- lved without waiting for the other side to present its arguments. A law must be “presumed to be court, assert- ing that this was “not only s valid but a vital doctrine which surcharges the whole atmosphere of constitu- tional discussion.” of $1.69 for each $1| blame In his group of outstanding men in the Roosevelt administration, Sculptor Reuben Nakian has caught remarkably natural expressions on two of the recent busts. Wife Complains Fahnestock Never Took Children to Links e | His Failure to Sail or F ish-With Them Also Given as Reasons Why He Should Not Have Custody. Mrs. Helen Moran Fahnestock, fight- ing for custody of her two children, Claire, 7, and Mary Lee, 6, com- plained to District Supreme Court Justice Peyton Gordon,today that her - husband had ’never: taken ; the girls. ‘with him, when’.he. Went_ to with 8 SLAYER OF SEVE TAKES OWN LIFE Wife and Four of Family and Two Others Die—Eighth Wounded. By the Associated Press. MOUNT VERNON, Ky., January 9. —George Collett, who went berserk during the night and shot to death seven persons, killed himself wd.y|stg:s rather than surrender to a posse, Collett killed his wife and four of her family, then two other persons and wounded an eighth before making 2 frantic effort to escape from the Cop- per Creek community. Aeldnmuy quarrel over land was ‘The dead, in addition to Collett: Mrs. Stella Collett, 28, wife of the slayer. William Helton, 65, Mrs. Collett’s father. Mrs. William Helton, 60. Ellen Helton, 23, a daughter. Howard Helton, 26, a son. Julius Bordis, 52, postmaster at Crab Orchard. Mrs. Julius Bordis, 52. ‘The report the deputy received here said the members of the Helton fam- ily were slain at their home, and Borders and his wife at their home several miles away. Wirephotos of “Jafsie” Just Before Taking the Stand Copyright, A. P. Wirephoto. putter and play around -with - them,” the wife replied. Mrs. Fahnestock advanced this as one reason why she considered her husband not suited to have custody of the girls. She charges he removed m&m §.C., toen- ter school :in - New. York City,. ahe CONMITEE VOTE FRWIRLDCORT Senate Foreign Relations Group Opposed to Ad- visory Opinions. By the Associated Press. The Senate Foreign Relations Com- mittee today voted for American ad- herence to the World Court, but with & reservation protecting the United against advisory opinions. nator Robinson, the Democratic leader, said he would take up the long controverted issue on the Senate floor “whenever I think the time is opportune.” He asserted the committee action “ratifles the Root-Hurst formula” for American entry into the tribunal, but makes clear the reservation adopted Ibytthe Senate in 1926 “is in full ef- ect.” ‘The resolution approved today as- serted the United States enters the Court “with the clear understanding” that the tribunal “shall not, over an objection by the United States, enter- tain any request for an advisory opin- jon touching any dispute or question in which the United States has or claims an interest.” The vote on the resolution was 14 to 7. It follows: For: Pittman, Robinson, Harrison, Wagner, Cannally, Bachman, Black, Thomas (Utah), Ven Nuys, Duffy, ope, Bulkley, Democrats, 2nd Capper, ‘Vandenberg, Republicans. Against: Lewis, OHIO PLAN DRAWN TO ABOLISH DOLE| Program Previously Submitted Seen to Conform With Roose- velt’s Message. By the Associated Press. COLUMBUS, Ohio, - already has drafted U. S, HELD LIABLE IN M ALONE CASE Apology: to Canada and $25,000 Damages Rec- ommended. Copyright. 1935, by the Associated Press. The United States-Canadian Com- mission to arbitrate the controversy Coast< I .1920 ‘keld todsy: thst the United ; States :should spologize for mm._th vessel, and should pay m‘?fi.fi"ium Supreme Court‘and. Chiet Justice Duff of Canaida. = *In the'long-drawn-out case, Canada had claimed damages of $386,000. The commission reported today that no compensation should be allowed to the owner for the ship or its cargo. As for the master and crew it was found they were not parties to sny conspiracy to smuggle liquor into the ‘The United States pey John T. Randell, captain of the ship, $7,906; the rep- resentatives of John who has since died and who was a member of the crew, $1,250; Jens Jansen, $1, 098; James Barrett, $1,032; repre- sentatives of William Wordswarth, lost his life when the I'm Alone was sunk, was awarded $10,185 for herself and children. FILM HEADS FACING FEDERAL CHARGES Paper Declares Indictments Will Accuse Many of Monopo- | By the Assoctated Press. ST. LOUIS, Jjanuary 9.—The Post Dispatch says today criminal indict- ments charging violation of the Sher- man anti-trust law are being sought by the Department of Justice from a Federal grand jury here which is in- vestigating alleged monopolistic prac- tices involving virtually the entire The jury, in session for three days, has subpoenaed approximately 100 film corporations, executives and other representatives. Department of Justice officials con- duc% the inquiry, and attorneys for Snow Halts Yugoslav Traffie. BELGRADE, Yugoslavia, January 9 NICE INAUGURATED AS THRONG PACKS ANNAPOLIS IN RAIN Maryland’s Republican Gov- ernor Lays Down 15- Point Program. FORMAL DECLARATION OF ELECTION DELAYED Executive Declares State Must Match Federal Relief Contribution. By the Associated Press. ANNAPOLIS, Md., January 9.—Gov. Harry Whinna Nice today took over the command of the Maryland ship of state in a ceremony that drew thou- sands who jammed the precincts of the State House and swarmed over ade Jjacent Annapolis. was not formally declared elected by the House of Delegates—a requirement of the constitution—until an hour and five minutes before he took the oath of office. The official canvass, scheduled for last night, was inexplicably delayed until today. The House was late in convening, but speeded through the formality of inviting the Senate to attend the can- Nice, a Republican, ended the 15-year tenure of Albert Cabell Ritchie as Governor of Maryland. Rain Hits Crowds. Aside from the delayed count, the ‘| inauguration moved smoothly frcm the arrival of the first detachments of the big crowd by February will raise $7,200,000 yearly for relief purposes. 3. New taxes must be devised, but real estate should not be the base for vestigate the finances of all State de- partments. Wants Fiscal Buresu. 6. The Governor wants a commission of three to rehabilitate the oyster and crab industry. 1. The work of all State aid agencies should be correlated under one depart- ment. 8. There should be a bureau of fiscal control to supervise all State finances. 9. The amendments to the State workmen’s compensation act should be repealed. 10. The national suffrage amend- ; | ment should be ratified. 11. The declaration of intentions act should be repealed. 12. Voting machines should be in- stalled and permanent registration provided for. 13. Appointment of service officer to handle veterans’ affairs. 14. Election of the State treasurers by direct vote of the people. 15. Enactment of legislation for old age pensions and unemployment in- surance. Fails to Specify Taxes. ‘The Governor again failed to rec- ommend a sales iax, income tax ar any other specific form of taxation to raise the $7,200,000 for relief and $2,- 000,000 to make up for the prospec- tive State deficit. In connection with the program of social legislation, which he rec- ommended, Gov. Nice took eccasion to “sympathize” with President Roose- velt, but criticized the general pol- icies of the Democratic National ad- ministration, reminding his audience that “the Republican party is not dead. It is very much alive to its responsibilities to the people.” Nice himself has been mentioned as pos- sible Republican presidential timber since he defeated Gov. Ritchie. “We are privileged to admire the fine passion for humanity which in- spires the Chief Executive of our Nation,” he said, “without entire ap- proval of the specific plans formulated by his advisers, sometimes at war against themselves and sometimes with no greater experience than is to be had within the sheltered walls of the academic world. “We are not in accord with those eager persons who willingly assume (Continued on Page 3, Column 4.)