Evening Star Newspaper, January 22, 1935, Page 4

THE EVENING STAR, WASHINGTON, D. C, TUESDAY, JANUARY 22, 1935. STATEIVES NEW BRUNO EVIBENCE Mrs. Hauptmann Gives Him Encouraging Smile as Court Opens. By the Associated Press. FLEMINGTON, N. J., January 224-—| The possibility that today might see | Bruno Richard Hauptmann open his | fight tc escape the electric chair for the murder of the Lindbergh child packed the Hunterdon County Court | House long before trial time. | Hauptmann, pale and thin-lipped, | was scheduled to be the first witness in his own behalf, and the spectators lucky enough to get in were gar- rulous in their hopes that the State Would rest early enough today to per- mit the alien ex-convict to tell his own story Indications, however, were that the | audience was due for a disappoint- { ment, for informed quarters considered it unlikely that proceedings would be so speedy that the State would rest and Hauptmann reach the stand. Heavy Snow Replaces Snow and Sleet. Outside the poorly lighted court| room the air was gray with whirling | snowflakes. The early morning rain and sleet storm, which failed to keep | down the trial attendance, gave way | to the he: snow just as the court | house doors opened Millard Whited, the Sourland Moun- } tain lumberjack and Lindbergh neigh- bor, was an early comer to the seats reserved for the State witnesses. He is waiting to swear that he saw Haupt- | mann prowling about the Lindbergh es'ate twice just prior to the l\'xd-1 naping A The kidnap ladder was brought in and rested against the wall near the jury box. A large easel-like wood rack was set up next to it. None of the officials on the prosecution staff professed to know just what its pur- pose was. Speculation was it would be used in connection with the lad- der testimony. Hauptmann was standing at the defense table when the was led in. She flashed him bright ng smile, and E hed into their ing chat. As they talked ade of State troopers carried c! renchard, coun- | arrived and witne in court r than v | Most of counsel and the witnesses were in court 10 minutes before trial | time. New York Detective Unable to Testify. Inspector John J. Lyons, the New | York detective who played such a prominent role in the ransom money investigation, may not be able to| testify today, as the State had plan- | ned to have him Assistant Attorn General Rohvnl‘ Peacock said the inspector was sick | in bed in New York under a doctor’s care. The inspector, Peacock would advise the State later whe! he could appear. Justice Trenchard called the court to order at 10:11 and the jury was polled as usual. Convening time was the latest since the trial began three weeks ago I Samuel J. Foley, Bronx distfict at- torney, appeared in court at 10 o'clock and took a seat near the prosecution table. He waited at the door out of camera range Col. Lindbergh, accompanied by Col. | H. Norman Schwarzkopf, superin- tendent of State police, took seats as the jury was being polled after court convened. Lewis J. Bornmann, State police detective, was the first witness called and sworn The attorney d,| ther | | general produced a chisel, and the witness said he found it at the Lindbergh estate near where the ladder was picked up early in the morning after the kidnaping, March 2. 1932. “We offer the chisel in evidence,” ‘Wilentz announced. Associate Defense Counsel Objects. Associate Defense Counsel Frederick A. Pope objected to its acceptance be- cause it had not been linked with the defendant or with the crime of kid- naping-murder, but Justice Trenchard admitted it. “Mr. Attorney General, I am satis- fied it should go in evidence,” the jus- tice said Wilentz directed the witness’ at- tention to the ladder upright which had been cut through for purposes of wood analysis and investigation. The detective said he himself had sawed the upright through at the| State police headquarters. Q. So Detective, these three sec- tions of the ladder are the same as when it was found, with exception of | the numbers put on and the cuts made in the investigation? A. The same. Wilentz then offered the ladder in evidence. Previous attempts had been unsuccessful, Pope immediately objected, “for the | same reasons as before.” i The ladder was taken apart, he argued, it was in possession of many people and “in many parts of the| countr: He named Dr. E. W. Hudson of New York, a criminologist, who made a re- port that more than 500 fingerprints had been found on the ladder, as one of those who examined it. He men- tioned the States’ expert, Arthur J. Koehler, wood technologist, also. Pope said the defense would not ob- Ject if the court could be satisfied that the ladder was in the same condition as when found. He asked that each person who had custody of the ladder be produced to tell what he did with it. | found ]Treasury Aide, Who Advised Lindbergh, Visits Flemington Induced Recording of Serial Numbers of Ransom. LMER L. IREY, the Treasury intelligence officer who induced Col. Charles A. Lindbergh to record the serial numbers of ransom bills that eventually trapped Bruno Richard Hauptmann, is in Flemington, N. J., to confer with Lindbergh and State officials concern- ing final phases of the prosecuthn‘s! case. | Irey may be cailed to the witness stand to testify about three dramatic episodes in which he played a part | early in the kidnaping investigation. | He is chief of the Internal Revenue | Bureau’s intelligence unit | The first of the episodes was a visit | he made to Hopewell one week after the kidnaping, during which Lind- bergh showed him several ransom notes and told him he was convinced he was in touch with the real kid- | naper of his son. Advised on Payment. The second was his service as an adviser to Lindbergh in connection | with preparations for paying 550.000; to “John” through the intermediary, | Dr. John F. Condon. The third and climatic incident was the futile flight he took with Lind- bergh in search of the “boad Neily,” on which John, now identified by | State's witnesses as Hauptmann, had said the Lindbergh baby would be in care of two ‘“innocent” women. Irey, confines itself to in; offered the se whose organization ordinarily sme tax investiga- ices of his unit ne when reports were widespread that Al Capone had engineered the kidnaping as a trick to gain release from prison. It was red Capone planned to conduct a fake investigation, restore the child to its parents and be acclaimed by press and public for his deed. Clem- | ency for him would follow, it was pointed out Offered Two Ace Agents. At Lindbergh’s invitation, Irey and | one of his Philadelphia agents went to the Lindbergh home on March 8, 1932, and offered the services of two of his ace agen Arthur Madden—who had inv the Capone gang for income tax eva- s This offer was accepted. Al- though the Capone angle was elim- | inated later. Irey, Wilson and Madden | remained in the confidence of Lind- bergh and New Jersey police through- out the ransom negotiations. When Lincbergh received the baby’s | sleeping suit from John decided to pay the ransom. Irey asked if the serial numbers of the bills had been recorded. Lindbergh replied he in- tended to keep faith with the kid- ELMER L. IREY, naper. Irey argued that Lindbergh had no assurance the kidnaper would keep faith with him and pointed out that if there was & “‘double-cross” the money wouid be an important clue | ndbergh finally agreed to let Irey’s men record the serial numbers, with the understanding that no move should be made against John unless the baby was not returned. Wilson and Madden took the already bundled currency to the J. P. Morgan offices, untied it and had Morgan employes e up a new package, includ many gold notes because they would be more conspicuous. Four Drove to Bridgeport. Trey remained at a New York hotel while Lindbergh and Condon paid the money to John at St. Raymond's Cemetery, in the Bronx. Then he went to the apartment of Mrs. Dwight Morrow and joined Lindbergh, Con- don and Col. Henry Breckinridge. This quartet. with Al Reich, Condon’s bodyguard, immediately drove to Bridgeport, Conn., arriving just be- fore dawn There was a wait of several hours at an airport for an amphibian plane which a friend of Lindbergh had lent for the trip. Lindbergh, Breckin- ridge, Condon and Irey then flew to | Marthas Vineyard in quest of the phantom Nelly. Irey and Lindbergh became close friends during these hectic days and the Government officer has been a frequent guest of Col. and Mrs. Lind- bergh in the past two years. decide the innocence or guilt of the | defendant. “We have proved the custody of this ladder,” Willentz argued, “We have proved that, with these ons, it is as it was found it up ‘Lindy's Lane’ the kidnaping.” few excer when bro night of Pope Again on Feet Offering Objections. Pope was on his feet once more, re- tracing the ground he had covered on his previous objections and offer- | jercey State police and the New | ing_new ones. “1 feel constralned t¥-admit mnk ladder in evidence” the justice said, at the end of Pope's last argument. “It will be admitted.” It was a distinct victory for the | state, for the defense during the last three weeks had been able to bloc the exhibit each time the ladder was offered. Wilentz picked up a dowel pin which Bornmann testified had been found with the ladder. Pope objected “It will be admitted,” Justice Tren- chard said. The pin was allegedly that joining the first and second sections of the ladder, and fell out when the con- trivance broke under the weight of the kidnaper and the baby. Pope took the trooper-detective for cross-examination. After questioning Bornmann about his rank in the State police, Pope switched to the custody of the ladder. He was told that after the ladder was found on the Lindbergh estate, it was placed in the custody of Trooper Frank Kelly, fingerprint and identifi- cation expert. Q. Did Dr. Hudson examine the lad- der? A. T have no knowledge of it. Q. Do you know Dr. Hudson? A. No, sir. Q. Was it prints? A. I have no knowledge of that. turned it over to Trooper Kelly, Worked With Koehler At Police Barracks. Bornmann said he worked on the ladder at the State police barracks near Trenton with Koehler. Wilentz interrupted the proceedings to explain that Edward J. Reilly wanted an opportunity to cross-exam- ine Thomas H. Sisk, Federal agent, who participated in Hauptmann's ar- Test “This would be a good time before the State rests,” Wilentz explained. Sisk, the boyish-looking Federal agent at whom Hauptmann yelled, ‘Mister, you are lying” last week, took the stand Reilly asked him if he had pro- duced confidential Department of Justice reports on the case. The witness nodded in the affirmative. Reilly, walking slowly toward the witness, carrying a sheaf of papers, examined for finger- I History of Ladder Held Not Told. “We submit,” Pope concluded, “that :hledmsmry of this ladder has not been old.” “No one has ever suggested,” Pope added, “that this defendant had any- thing to do with this ladder.” Wilentz rose to address the court in reply, but Trenchard interrupted. “I wonder whether Mr. Popz re- calls the testimony of an old gentle- man on March 1, I think it was, that he saw a ladder in the defendant's car.” The jurist’s reference was to the testimony of Amandus Hochmuth, who placed Hauptmann near the Lindbergh estate the day of the kid- naping. Pope renewed his argument, assert- ing he had never known a crim‘nal case in the State in which an ex- hibit was admitted without showing its direct connection with the de- fendant. “I think I will hear the attorney general,” said Justice Trenchard. Wilentz said the State had satis- factorily traced the custody of the ladder from the time of the crime to the present. He emphasized that whatever ex- periments had been made were de- signed to help the court and the- jury OAL Our prices are less than those generally charged elsewhere for the same high grades of coal. because we sell for cash on delivery only. AR racite mimen T W. A, Egs. W. A. Stove. W. A. Nut. W. A. Pea. Buckwheat Pocohontas Egg....$10.25 Pocohontas Stove.. .$10.00 These coals are all unsur- passed in quality. thoroughly washed at the mines. and rescreened on our vards to insure utmost satisfaction. In_less expensive coals we have: Fairmont Egg. . $8.50 Coke (2,000). .$10.50 B. J. WERNER 1937 5th St. N.E. NOrth 8813 began questioning him on his en- | trance in the case and co-operation of Federal, New York and New Jersey authorities. Sisk said copies of reports of Fed- eral activities were sent to Col Schwarzkop!. Q. During the time of the payment | of the ransom money and the arrest | of Hauptmann, did you visit every bank in Greater New Westchester? A. We visited banks with New York police at various times. " ¥ asked if Sisk had received the inférmationf on the ransom bill which ; Hauptmann passed at the gas station. | sisk said he had. Q. When was (A the I il 1897 advertised. in America. made of the $20 bill in Hauptmann’s wallet? A. That was made within a few minutes after it was taken from him after the arrest by a detective. Q. Did you ever talk to Dr. Condon (ransom intermediary) about the ran- som mongy? A. Yes. ) Q. Did you ever find the ransom money box? A. No. Q. Did you ever bave Dr. Condon imitate the voice of “John” and record it on Victrola records? A. We did. \It was on one record. We have it in Washington. Reilly asked 4f Sisk could produce the record and:the witness said he thought he could: Q. When did you come into the case? A. November, 1938 (correct). Q. Were you at the home of Haupt- ! manp the night before the arrest? A. I was. + Q. Weren’t there other police there, | watching? A. Yes. Q. Was Hauptmann home | night? A. I don't know of my own knowl- edge. Sisk Is Questioned About Plaster Cast. Q Now isn't it a fact, Mr. Sisk, that a plaster cast of the foot of the man who collected the ransom was | taken by some one? A. T wasnt working on the casé at the time. Q. Wasn't that cast made and taken by Dr. Condon’s son-in-law? Wilentz was on his feet waging ob- jections against the line of question- ing. submit,” said Reilly, “it was not auptmann’s and. under the rules of | evidence, we should be entitled to ask | this witness what he knows about it.” | _ Justice Trenchard directed that Sisk answer. that | “I learned” Sisk stated, “that a | Work to bring out how heavy the | cast of a footprint was taken, but | traffic was over that road during the | there is no positive connection be- | time the thumbguard reputedly laid tween that and the man who took ne | the ransom. It was taken on a fresh | grave near a retaining wall about 15 or 20 feet from the point where Dr. Condon said he turned the money over in St. Raymond’s Cemetery Reilly asked Sisk where the report was wbich dealt with the plaster cast. “In my New York office.” Q. Can you bring it here? We have a ruling in our de- | partment that all our reports are the | property of the Attorney General of | | the United States. Sisk explained that he could sur- render the reports only on order from | the United States Attorney General Reilly then announced he would | wire the Attorney General at Wash- ington and ask him to turn the re- ports over to the defense “in the in- | terest of justice.” Sisk to Be Called | for Defense. | He likewise announced he would call Sisk as a witness for the defense. The agent smiled this. He was then excused. James J. Finn, New York City de- | tective, came forward next to tell of | his investigation of the $5 certificate, | allegdly tossed by Hauptmann to the | ticket seller at the Sheridan Theater, | New York Finn said he showed the ticket | seller, Mrs. Cecile Barr, the bill and she identified it Finn was excused without cross- examination Mrs. Elsie Whateley, widow of the York and | Lindbergh butler, came back to make | the Lindbergh estate? | her second appearance on the witness stand. | Wilentz drew corroborating testi- | mony from Mrs. Whateley on the find- {ing of the baby's thumb guard by | Nursemaid Betty Gow. | Mrs. Whateley recited the discovery | of the guard about 100 yards from the gate at the end of the Lindbergh lane. identification | It was found, she said, as she and Miss e e | Q How wide is the path, 10 or 12 wryly when he heard Gow were returning up the lane from' the gate after a walk. H She identified the guard and Wilentz turned to the lighting of the house the night of the kidnaping. Q. Were the lights in the house on all the time that evening? A. Yes, they were. The defense cross-examination of Miss Gow had insinuated that the lights had been flashed as a le signal to the kidnaper. ‘The Lindbergh housekeeper spoke in an almost inaudible voice. She apol- ogized to the attorney general that she had a bad cold. She identified the black suit case which was in the Lindbergh nursery underneath the kidnap window the night of the crime. “Mrs. Lindbergh brought the baby’s clothes down in it.” ‘Wilentz offered the suit case in evi- dence. There was no objection from the defense. Cross-Examination Begun by Reilly. Reilly then began cross-examination. Her husband, she said, was reading in the servants’ sitting room. Reilly questioned her closely on the lights in the rooms of the home. Q. The second floor you know noth- ing about? A. Yes, I do. She deseribed the lighting in her own quarters, in the halls of the sec- ond floor and the nursery. Reilly turned then to the thumb- guard and the weather conditions at the time of its discovery. Reilly kept referring to the thumb- guard as “the mudguard,” and specta- tors tittered frequently. Q. How long was that road from the Lindbergh house to the gate? | A. Nearly a mile. feet? A. Yes. The defense chief then went to there undiscovered. He took the witness over the de- tails of her story on the finding of the thumbguard by Betty Gow. | Q Did you see her bend down and | pick 1t up? A. 1 did. Q. Who saw it first? A. We both saw it together. Court recessed for 5 minutes at 11:21 as Mrs. Whateley was excused. ‘The jury filed back at 11:32 and court resumed. | Millard Whited was the first witness. | Cast of Foot Print Declared Not to Be Hauptmann's. During the recess Reilly said that the cast of the foot print had been compared with Hauptmann's and found not to be his. He said this would be put in evi- dence by the defense. He also hopes to have the phono- graphic record of Condon's imitation of “John's” voice played for the jury. Whited's deeply lined face was solemn® as he took the oath and climbed to the stand. His large, muscular hands—hands of a logger— were clasped tightly in his lap He spelled his last name slowly for the stenographer and began to answer questions. Deep wrinkles ap- | peared on his forehead, from which his brown hair was receding. Q. From the first day of February until the first day of March, 1932, where did you live with relation to A. I lived about a mile an da half | from the Lindbergh estate. Q. Did you own a farm there? A. I did. | @ Did your farm adjoin the Lind- bergh estate? | A. There was a 10-foot strip be- tween my farm and the Lindbergh estate. Wilentz had him relate how he ! M 1935 AFTER 38 YEARS —We Celebrate! 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A genuine sale of the finest domestic and imported‘ woolens in suitings and coatings, tailored in the exclusive Custom manner. $27.50 and $33.50. Regular $50 values. Jos.A. WILNER & Co. Custom Tailors Since 1897 CORNER 8th AND G STREETS L O llllllHIlIIIlIIIIII\HlIIIIlIHIIIIIIIIIII||IIIIHI|IIIII{IIIIIIIIIIIIll!!!IllIIIIlIIlIIlIIIIIIlIIi!IlIIIIIE! r » i » Giggling Witness Puts Life Into Dull Hauptmann Trial Reilly Has Coughing Spell Quiszing Ticket Seller. By the Assoclated Press. FLEMINGTON, N. J, January 22.— The first giggling witness appeared yesterday on the Hauptmann trial scene and caused Defense Attorney Edward J. Reilly to cough so hard the judge gave him a cough drop. Mrs. Cecilia Barr of Newark, who has sold tickets for 25 years st a motion-picture hcuse in Greenwich Village, also put life into a listless session by wearing a slit skirt and an alpine hat. The trial, which had dealt all day with Bruno Hauptmann's stock mar- ket transactions, to the vast boredom of most persons ir court, no longer lagged when Mrs. Barr took the oath with her hand on her hip. The self-conscious theater cashier giggled five times, but seemed sure of her story and impressed it on the jury. Hauptmann, she said, had thrown her a $5 bill later identified | as part of the Lindbergh ransom | money in November, 1933, when he | bought a ticket one night. | Two perk white bows adorned the wrists of her black frock, which had a white bib collar with two points. The slit skirt showed her knee. A small | woman with a long nose, bright dark eyes and a black bob fluffed out at the ears—that was Mrs. Barr. | Anna Hauptmann again showed emotion under a woman's accusation of her husband. She had sat quietly | as a Treasury agent told how the Hauptmann assets abruptly increased, | but now her face was red and her | hands clenched tightly. Reilly’s coughing fit seized him as he asked Mrs. Barr if she ever had seen him, too, at her ticket window. Mrs. Barr him, giggled, flirted a MISS CECELIA BARR, —A. P. Photo. bit and said yes, she thought she had —without his glasses. ‘The defense attorney removed his spectacles and Mrs. Barr giggled some more, then said no, she believed not. Justice Thomas W. Trenchard then gravely handed Reilly the cough drop. She giggled again when Reilly donned a hat in imitation of the hat she said Hauptmann wore. Mrs. Rosie Pill, on the jury, and Mrs. Verna Sny- der Jaughed with her—they were hav- | ing & fine time. Her last laugh came when Attorney General David T. Wilentz stopped her on her way to her seat and asked “By the way, what was the name of that picture (The picture Haupt- mann saw.) Mrs. Barr, with her hand on hip, passed by the jury box rail | giggled, “Broadway Through a Key- hole.” This brought an uproar, and |a discourse on noise and confusion from Justice Trenchard. her nd occupied himself at farming and lum- bering. Q. How many years did you live near the Lindbergh estate? A. Fall in 1925 to late in 1932 Whited declared he knew every per- son who lives in the vicinity. Q. Did you see any strangers? A. Yes. Q Did you see Bruno Richard | Hauptmann? A. 1did. Q. How close or how far away were you from him the first time? A. About 8 feet. Whited said that early in the morn- ing of March 2, 1932, he was ques- tioned by police at the estate. Q. Is there any doubt in ycur mind that the man you saw was this de- fendant? A. No, sir. When did you se him? About the 18th of February. Did you see him again? 1 did | When was it? A. Betwen the 25th and February Q. That was the February before the Lindbergh kidnaping? | A. It was. | A Q A Q. 27th of Says He Saw Bruno Step I From Woods. Whited recited the incident, saying | he was going home to dinner and saw | Hauptmann step out of the woods “on | my left.” | “I wondered why and where he came from,” the logger added Q. So that on the second time you were only 6 feet away from him? A. That's right oy Wiy Wlly/// .,,, g i NI HERE'S SERVICE YOU CAN'T EQUAL TO NORFOLK Three Crack Daily_Schedules leaving at 4:10 AM. 8 AM. 5 PM. TO CINCINNATI Twe Crack Daily Schedul AM., 1 TO RICHMOND. Nine Crack Daily Schedules 5 AM. 8 AM, 8P . 11:30 P.M. TO Five Crack Daily Schedules Le; AM, 8 AM, | PM.. 3:30 P 0 _ATLANTA. Schedules Lea P.M.. 7:30 P.M aving al 11:50 'r Five Crack Daily AM. 10 AM.. 3 TO MIAMI Five Crack Daily Schedules Leavin, AM. 8 AM. 1L 3 PM. 3:30 PM. 11:50 FAST F o Greyhound Thit United States, Only fros s | Q Who were at your house 1: P.M. £ at 6 nt, conveniont schedules to all other Whited said he saw Hauptmann again at the extradition proceed: | in New York the | night of the kidnaping? A. Mrs Lindbergh, Wolf. trooper; Lieut. Keating, or Keater and two others I don't know Wilentz asked him to Hauptmann's attire “He wore a gray suit,” said Whited “He wore a gray hat tipped down in the front and carried some sort of a describ: | coat over his arm.” Q. Did you see his eyes? A. Yes, T saw his ey Q. How close to Col. Lindbergh's estate was he the first time? A. A mile and a quarter the time Q. The second time? first { A. Not over a half-mile Wilentz asked him then if he read The Greatest The Finest in Bus Travel | of Hauptmann’s arrest in the news- papers last September. A. 1 did not. Q. Now I don't want to offend Mr. Whited, but can you read? o A. A little, not much, not enough to understand the papers. Judge Sustains Objection To Question About Pay. C. Lloyd Pisher of the defense staff began the cross-examination, asking Whited if he received “$30 yesterday for having his picture taken.” Wilentz objected to that line of questioning Justice Trenchard said he did not “sce the materiality” of the question Fisher argued that the credibility | of a witness could be tested by ques- | tioning on whether he was paid money or sought publicity. “Well, I think I will sustain the ob- Jection,” ruled the justice. | Fisher began a series of close ques- tions dealing with Whited's purchase of a farm in 1929. The witness said be had a deed recorded through “Potts, a justice of the peace” in Hunterdon County. Fisher sought to show, in Whited's answers, that he changed his esti- | mate of the distance from the estate to the spot where Hauptmann al- | legedly appeared | . Q Didn't you testify in the Bronx that the distance was a mile and a quarter, and here a mile? A. I don't know. I answer to the | best of my knowledge. The roads are still in the same place. Changes Mind on Date Telling Sister's Death. Fisher pressed the witness to fix the date he first saw Hauptmann nee the Lindbergh estate. The defens- E wanted a more exact tim bout the 18th of February.” after conceding it migh e 17th, blurted out th- the date, “because I lcs the 12th.” stified his mind “was oc- h family rs at the tim d not be absolutely certain ate of the first alleged appear- rt to raise id he did Oilie , the Lind- bergh butler. vicinity A. T knew the pecple 1 who Mr. I didn't know had working in ed there Lindbergh se construction. 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