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J,, January 23.— Jersey’s witnesses against Bruno Richard Hauptmann placed him near the scene of the Lindbergh baby kid- naping yesterday and sought to trace the kidnap ladder to his hands. state’s testimony, but not swift enough to stop a sudden defense attempt to cast doubt on the state's identification of Hauptmann as the ransom taker. In an unexpected coup, Edward J. Reilly, chief of Hauptmann's coun- sel, brought out that a plaster cast was made of a footprint found in the Bronx cemetery where the $50,000 ransom changed hands. Not a bit perturbed by the objec- tions of Attorney General David T. reports on the cast and the word of the state’s own witness to show it was not Hauptmann's footprint. He let it be known also that he wants a phonograph record—the rec- ord that Federal agent Thomas H. Sisk said had been made of Dr. John F. “Jafsie” Condon’s imitation of the ransom taker’s voice. Condon has testified that “John,” the ransom taker of St. Raymond's cemetery, was Hauptmann. Ladder Wood Traced. Prosecutors, before adjournment, began the tedious task of tracing the wood that allegedly went into the ladder's making from the lumber mill to the Hauptmann attic. They finally got the ladder into the evidence over defense objections, along from the accused man's own chest. The prosecution says the broken, sectioned ladder was the instrument that killed Col. Charles A. Lindbergh’s { first-born son: that Hauptmann, car- rying the baby, fell from it when it splintered as he descended from the Hopewell nursery; that the baby was killed in the fall. The first of the ladder-wood wit- nesses was Max Rauch, Hauptmann's landlord at the time of the kidnaping on March 1. 1932 Rauch told how he missed a long board from the attic of the Bronx house at the time the carpenter was taken into custody; a board that the State contends was used in the con- struction of the ladder. Other witnesses then traced a shipment of South Carolina pine from the Southern Planing Mill to New York, where Hauptmann allegedly bought part of it late in December, 1931. tool Identified by Two. Through expert testimony, prosecu- tors expect to show that the wood is part of the kidnap ladder. Two witnesses during the day put Hauptmann near the kidnap scene. Millard Whited, Sourlands small- farmer and woodsman, said he saw Hauptmann near the Lindbergh estate twice before the kidnaping, the first time on or about February 18, and the second time between February 25 and 27. Charles B. Rossiter of Gloucester, N. J., testified he saw Hauptmann standing at the rear of an automobile near Princeton Airport three days be- fore the kidnaping. Sisk is the withess whom Haupt- mann accused of lying last week as he testified to the search of the carpen- ter's garage, where $14,600 in ransom money was found last September. Reilly cross-examined him then and had reserved the right of further questioning. Yesterday Wilentz sug- gested that Reilly get done with this phase of the trial “before the State rests.” Reilly agreed and Sisk came to the stand, a slip of a man, looking more like an undergraduate than one of the arresting officers in the century’s greatest crime. The florid Reflly approached his examination so quietly that no one had an inkling of what was coming. Bulking large above the witness, the attorney asked him about his investi- gation. Then: “Now, in addition to your investiga- tion into the banks,” he said, questioned Dr. Condon, didn't you, several times?” “I talked to Dr. Condon on numer- ous occasions.” “Did you ever locate the box which was used to convey the ransom money?” “No, sir, we did not.” Record Made. Reilly cleared his throat, and glanced at a sheaf of papers he held in his hand. “Now, isn't it a fact,” he asked, “that after talking to Dr. Condon you had Dr. Condon imitate the voice of John at the cemetery and that imitation was recorded on victrola records?” “Why, we—" “Did you or not?” Reilly persisted. “Yes, sir; we did.” “Where are those victrola records?” “Well, there was only one record, and I believe that is in Washington,” Sisk replied. He said he believed he could get the record in a “couple of days.” Reilly went forward in the exami- nation. Then he sprang his biggest surprise. “Isn’t it a fact,” he demanded, “that you know that a plaster cast of the man who received the money in the cemetery was taken and was taken by Dr. Condon’s son-in-law?” (Ralph Hacker). ‘Wilentz objected at once. “Well,” returned Reilly, “he has looked through his records and in the interests of justice a question was asked if a cast was taken of a man and if it is not Hauptmann’s, despite all the rules of evidence, I think we are entitled to know it.” Supreme Court Justice Thomas W. Trenchard said it was correct for Reilly to ask Sisk if he “knows it and how* he knows it.” “I learned that a footprint, a plaster cast of a footprint, was taken, but there is no positive connection be- tween that footprint and the man who received the ransom money,” Sisk said. The cast, he explained, was taken from a fresh grave near & retaining wall in St. Raymond's Cemetery. “about 15 or 20 feet” from the point where Condon passed the ransom! money to the collector. Records Available, Sisk said the report of the footprint and the cast was in the New York office of the Department of Justice, but that he might have difficulty get- ting it to Flemington because all re- ports are the property of the Attorney General of the United States. Reilly announced then he would telegraph the Attorney General. He did so at noon, requesting the original report on the cast “in the interests of justice.” After the trial adjourned Reilly displayed a reply from J. Edgar Hoover, head of the Bureau of In- vestigation of the It was a day of swiftly moving | Wilentz, Reilly then moved to use; with a chisel the state contends came | Ladder Linked 'With Wood in Hauptmann Home ' jness stand, the quiet, heart-rending Anne Lindbergh, Mrs. Whately, the 1 defiant but convincing Betty Gow and the timid, genteel Myra Condon These were followed by the chic Park avenue neglige model, Hile Three Colonels Contrast Sharply in Attitudes degarde Al der; rightene nuu,er; mlel)e(aan; é?rfmi Donn:edr: Toward Hauptmann. matron of a Catholic orphanage near Hopewell, who testified that none of her orphans had gone astray; the portly Mrs. Achenbach, neighbor and presumably one-time friend of the Hauptmarns, proprietress of a bakery, whose rosy fleshiness was a testimontal to the superior quality of her dough, and who hissed like an angry goose from the witness chair. Cashier Coy on Staad. And, finally, we had the cocky Mrs Cecelia Barr, who has spent 25 of her years behind the cashier's wicket of a movie palace and who attempted with coy gestures and grimaces to keep Hauptmann behind the grimmer and more binding bars. She didn't prove much, but for a few moments her nName was more prominent than Greta BY ANNE GORDON SUYDAM. Special Dispatch to Tha Star. FLEMINGTON, N. J,, January 23.— As the same people come into this court room day after day, you take to noticing their hands, their eyes, their characteristic attitudes, and among the most characteristic are the three colonels who sit side by side—Col. Lindbergh, Col. Schwarzkopf and Col. Breckenridge. Garbo's in lights over her own movie Col. Lindbergh leans forward during | theater, and, back in her cage, she most of the testimony, arms crossed | will probably be a thwarted.woman and elbows upon his knees, intently | from now on watching each witness, even during| Mrs. Whately took the stand again the long technical sieges with hand- | yesterday to identify the suitcase writing experts, when many of us let| which was in the nursery on the night our attention wander. ;of the kidnaping. Col. Schwarzkopf also leans for-| Mrs. Gerta Henckel, friend of ward, his gaze equally intent, but for | Hauptmann, has come to court. She much of the time that concentrated |js slight, rather pretty. During ses- stare rests upon Bruno Richard |sons Hauptmann locked back at her Hauptmann. Only I don't think it |eagerly once or twice, but Mrs. Haupt- rests upon him at all, I think that it mann did not glance her way, al- stabs him through and through. Fre-|though they spoke together at ad- quently while looking at Hauptmann | journment. I have come into the line of that steady, watchful gaze of Col. Schwartz- kopf’s, and have stirred uncomfortably |in my own guiltless seat. Breckenridge Quiet and Sad. Col. Breckenridge is a figure of grief who might have been immortalized by Rodin. His head bowed in his hands, | his eyes cast down, he listens for hour | in the woods near the Lindbergh after hour to the endless stream of | estate a few months ago. Mr. Large, words, tense, fatalistic and immutable. | delighted with this first bit of sub- Sometimes he forces his eyes up, some- | stantial proof that Hauptmann had times he clenches his gold Watch | heen in those woods, swelled his chest tightly in the palm of his right hand, | and went home to lunch with his but usually he sits motionless. Lin was interested but sude bergh is his friend, and his obvious and on seeing the sorrow is an eloguent testimonial to S xploded her husband's the finest qualities of friendship be- | theory, after the realistic fashion of tween man and man. | wiv “You're all wrong, my dear,” Col. Breckenridge is a man In his | she said, or words to that effect, and 50s, whose promotion to coloneley fol- | proceeded to prove to his chagrin that Tale of a Cigarette Case. Circumstantial evidence took a strange turn late last night when a trustworthy young man came to Prose- | cutor George K. Large with a silver cigarette case bearing the initials ‘B R H,” which he said he had found No. 1—Copy of a photograph, introduced by the prosecution, which shows the attic of Bruno Hauptmann's house in the Bronx The State contends the board missing from the floor covering, in background, was used in the ladder employed by the Lindbergh kidnaper. No. 2—State Senator Joseph N test. Dorn of South Carolina, who ed he sold the lumber to the Great National Millwork and Lumber Corp. The wood is believed to have been bought by Hauptmann and used in the ladder. No. 3—Joseph Kohler, wood expert, who testified wood used in the ladder was, in his belief, the same as that found in Hauptmann's home. No. 4—The ladder, introduced yesterday after a long legal controversy. Beside it is a piece of wood taken from the Hauptmann attic, as shown in No. 1. lowed a citation by Gen. C. P. Sum- | ¢she hag en that very case as a merall for his gallantry in the St Ghrictmas present to a friend, one | Michiel and Meuse-Argonne offensive | Beripa Rittenhouse Higgins, during the great war. Col. Schwarz- he lady was reached, proclaimed | kopt is a man in his 40s, a graduate | oo i oq1e 1 her case had been of West Point, who resigned his Army a short time ago, and Mrs. | career to become chief of police of | " vindicated, but not before | New Jersey. Col. Lindbergh is a man ters (Had pui | the atiey BOARD N LADDER w | no more than “15 or 20" minutes, he | said. In all probability the State will ithhold a number of additional wit- | nesses for rebuttal testimony in meet- g whatever defense is put up by i Reilly. It is likely that the State’s re- | buttal will be lengthy. i Trooper Describes Discov-| ery Made in Home of Hauptmann. L m: (Continued From First Page) first appearance that he found no | fingerprints on the ladder or in the nursery from which the baby was stolen. Reilly charged Kelly's meth- | ods of taking fingerprint impressions ruined them, and announced at the time he was going to insist that Kelly | bring his equipment to court and demonstrate to the jury. As soon as Kelly advanced to the | stand today, carrying his equipment | with him, Reilly picked up a sheet of | yeilow scratch paper, handled it gin- | gerly with his fingertips and handed it to the trooper. “This paper has been handled by | two or three of defense counsel,” he said. it | eralize on testimony, but said he has 50 wit- nesses whom he might call. Defense Shields Case, Meanwhile the defense made ready to lay down its shields and take up| idgels. As the State took its final | thrusts of direct testimony Haupt- ann’s defense counsel shielded its| case in secrecy. Hauptmann himself was numbered the first witness, to be followed by his wife, Anna, and from four to six handwriting experts. Reilly said today he had not sub- poenaed a single witness, but it is known that subpoenas are in the hands of several persons expected to|committee of the State Bar Associa- be called | Reilly has done no more than gen- the prospective defense | “But,” he added, “T'll be fortunate | I can produce 30 of them.” | As to the nature of any of his “sur- prise” witnesses, Reilly said: | “Their testimony is all under my Reilly Relies on Chance. The traditienal conduct of Reilly's | | cases has firm footing on the elements | trucks. He directed Kelly to take the prints | of surprise and chance. Many times by his own method. The witness | before he has seized an opportunity, & | House & bill to ratify a constitutional | brushed powder over the paper. Jus- | chance word, an unplanned bit of |amendment dividing the State into tice Thomas W. Trenchard took ad- | w’szlxmony, to reverse the trend of a|three game zones and gave second into | trial. vantage of the time to slip chambers and get a coat to put under | his robe. The room was chilly. Prints of No Value. After Kelly had brushed powder | over half the paper Reilly asked if he | found any prints. “On the half I have brushed over I have found some ridge formations from the finger,” he said, “but I would say they are prints of no value.” Kelly worked on the other half and Reilly called a halt to his demonstra- | W emphasizing in a long question that | t despite the fact the paper had been | handled by four of defense counsel, | Kelly was unable to find any prints of value, Reilly jumped the examination back to the note which was found in the nursery after the kidnaping and to the ladder. Kelly repeated his previous testi- mony that he found no fingerprints of value on either the note or the lad- der. Reilly mentioned a New York fingerprint expert, Dr. E. M. Hudson, who was supposed to have obtained 500 prints from the ladder, using silver nitrate. “If a man walked into that nursery and took that baby with gloves on, would he leave prints?” Wilentz asked. Kelly said no prints would be left. Reilly objected to the question as hypothetical, but, being overruled, asked one of his own. He wanted to know if prints would have been left if the child had been taken down the backstairs of the Lindbergh home and not out of the window. Kelly replied there might have been prints from previous handling. Eager to Tell Story. ‘The prospect of seeing the State bring its case to a conclusion was a magnet to the curious, who jemmed anew the doors of Justice Trenchard’s court room despite snow and slippery footing. Hauptmann came to court eager to tell his story and was laying plans for “after my acquittal.” The thin-faced carpenter is to be the first of some 30 witnesses for the defense, and his story from the stand is expected to constitute the ‘first full account of the defense case. C. Lloyd Fisher of defense counsel will open Hauptmann's case with a preliminary statement, which will take ———— Justice, saying Sisk had been in- structed to produce the report. In Washington, Juhtice Department offi- clals said also that the phonograph record would be made available if Reilly desired it. ‘Wilentz, openly nettled by the turn the case was taking, said he under- stood Sisk was to be called ‘away, and added the state was about to close its case. “Well,” said Reilly calmly, “I will settle that. I will call this witness as a witness for the defense.” “Fine,” said Wilentz. “And I call for his reports with him,” the big attorney said. The acceptance of the ladder as evidence had been generally expected because of Justice Trenchard’s earlier ’l h at angles which might indicate the kid- tion and asked to have the paper | N2Per was not without accomplices, marked for identification. Then, after | the lack of admission of participa- and such “holes” in the State's case as cross-examination may have shown. confidence in his acquittal on the fact that “New Jersey law does not require that a defendant prove his innocence and that the failed to prove its case.” | but it didn't leave the hotel. iliness from damp shoes, the jury marched dry-footed from its | What the florid-faced Emoklyn‘ Before starting testimony the order of the defense was, first, a motion for | dismissal by Egbert Rosecrans, one of | the defense legal staff. | The contentions are based on tail- ure of the State to produce material itnesses, the absence of spectators the crime, certain unexplained on in the crime by the defendant Hauptmann and his counsel based State has Jury Takes its Walk. ‘The jury took its walk last night— Like passengers promenading the deck of a ship, the jurors paced back and forth around the second floor porch, moving rapidly and breathing deeply of the fresh night air. Justice Trenchard has insured against wet feet for his jurors. The 7T1-year-old jurist, solicitous of the welfare of the eight men and four women, walked through the slush of Flemington’s main. street and talked to them of the dangers of colds and A shoe merchant was called and MEASURE CENSURING JUDICIARY IS KILLED South Carolina Senate to Permit Compromise on Expense Allowances. By the Associated Press COLUMBIA, S. C, January 23— The Senate cleared the way for a heralded “‘compromise” of the judicial pay issue yesterday by killing a reso- lution which members contended would have censured the judiciary. Shortly after Senator John F. Wi liams of Aiken announced that a tion planned to seek a “compromise” the chamber rejected Senator H. K. Cooke’s resolution to have judges who accepted expense allowances sued for their return Senator Cooke denied that his reso- lution would rebuke the judges un- | duly, but Senator Hughs of Oconee quoted a sentence of it as charging them with “a clear violation of the hat, and it will stay there until they | constitution” by taking expense allow- get on the stand.” | ances which Hughs termed *‘proper.” The House passed on second, or “test,” reading a bill to license “rolling stores” or merchandising | Senators approved and sent to the | reading to bills to ratify constitu- | tional changes allowing the Legisla- | chief of counsel may have up the|ture to place county officers on a sleeve of his formal morning coat was | salary instead of a fee basis. somewhat of a speculative matter even to his associates. | BILL TO BAN ‘EXTORTION’ SUITS PENNED BY WOMAN Breach of Promise, Alienation of Affections, Co-respondent Pleadings Opposed. By the Associated Press. INDIANAPOLIS, January 23.—Ad- mitting that she is striking principally at her own sex, Mrs. Roberta West Nicholson of Indianapolis—Indiana's only woman legislator—yesterday started a movement in the State House of Representatives to ban suits for alienation of affections, seduction, breach of promise to marry and the naming of co-respondents in divorce and similar proceedings. Mrs. Nicholson, daughter-in-law of Meredith Nicholson, Hoosier author and now United States Minister to Paraguay, pointed out that men rarely sue for breach of promise to marry and said, “T am firmly convinced that most of the actions for breach of promise and seduction have extortion as their chief motive. January Clearance Sale Discount on all Living Room Suites, Occasional Furniture and Lam: Nationally advertised items excluded. otel to the court room, well clad in | new rubbers. CATLINS, Inc. 1324 New York Ave. N.W. | in his 30s, who, because of his ex-/_ —A. P. and Wide World Photos. |lraord|nary daring and high c ac- | | ter, was commissioned a colonel in the PRESIDENT POSTPONES | Reserve Corps of Missouri by the Pres- REPORT ON AVIATION ident of the United States. A Study in Contrasts. These three men, geograpk temperamentally and profess; once far removed from each other, sit | now side by side in grim unity—the sighing colonel, the spying colonel, the |t | flying colonel. During the ghastly testimony given by the county coroner and physician Lindbergh'’s eyes dropped for once from the witness chair. I have never seen him look at Hauptmann. But Haupt- mann frequently and furtively looks at him. He does not sneer then. If it be true that he admires courage and if it be true that he is intensely | interested in aviation, perhaps his | German spirit clicks its heels before Lindbergh. | Eignt women have been on the wit- | nge bits of circumstantial h unconfirmed identifi- fall flat and be little isel or jury in placing scene of the crime. ¥ n that they are little heeded is tk they are little needed—so much other less dramatic evidence has Document Due Today Will Be Given to Congress Next Week—Approval Seen. By the Associatea Press President Roosevelt will submit the report of his policy-forming Aviation Commission to Congress next week, in- stead of today as originally planned. The commisison, headed by Clark Howell, sr., yesterday began prepar- ing an abstract of the 50,000-word re- port The President was expected to in- dorse the commission's recommenda- tions for Government aid in estabe lishing air lines across both the At- lantic and Pacific | Vhiteds stand out c e dramatis personnae of this traged: Night Final Delivery The “Pink Edition” of The Star, known as the Night Final, printed at 6 p.m., is delivered throughout the city at 55c per month or, together with The Sunday Star, at T0c per month. This is a special service that many people desire for —one way the very latest and complete news of the day. i--odu-. thru coaches. Roomy, for-rest seats— off-the-tray mealtime serv- ice. Ifsthe eco- somical (sad 1) wey Call National 5000 and say that you want the “Night Final” delivered regularly to your home, and delivery will start immediately. Snow Is Fun, Too! 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