Evening Star Newspaper, January 24, 1935, Page 4

A—4 wx¥ I understand the State’s TRENCHARD I]ENIES'fi"'r“"»'iiw R DRECTED VERDICT Defense Loses Plea and Fisher Outlines Bruno’s Case to Jury. l (Continued From Third Page.) training scho could do a better job than this lad.er.” “Yes, with experience,” Koehler re- lied. P Wilentz took the witness again, bringing out that the distance be- tween the rungs was regular and pen- cil marks had been put on it, “such as & carpenter would do.” Pointing to the cracked ladder sec- tion, Wilentz elicited from Koehler that the stress of human weight on it was “the likely way it broke.” Pope asked if there couldn’t have been other ways. Koehler agreed. Koehler was then excused and the State’s legal staff conferred briefly. Wilentz turned from the conference and in low tones said: “The State rests, your honor.” Reilly announced he would like to continue his cross-examination of Thomas H. Sisk. ‘Wilentz stood on his announcement. “The State has rested. You may call whom you please.” Wilenta said he understood the agent would come during the defense’s case, and there would be no delay. Rellly also asked to have Miss Hil- degarde Olga Alexander recalled to | test her “credibility.” Wilentz said she would be produced, but he wanted no delay of the defense case. Wilentz Resents Statement of Defense. “With respect to this lady T resent the statement that the defense is in possession of any evidence remotely effecting her credibility. However, if counsel desires her appearance I think it can be arranged.” Sisk would be available, Justice Trenchard said, on assurance from ‘Wilentz. The girl, who told of seeing Haupt- mann trailing Dr. Condon, the inter- mediary, would be recalled by the State, the justice directed. Wilentz' suggestion that she be subpoenaed by the defense was over- ruled after Reilly said “she’'d be more likely to appear at the State's re- quest.” The noon recess was called. Recess for lunch was taken at 12:26 pm. . Hauptmann Appears Nervous. The court was jammed for the afternoon session. Every available inch of space was packed with people, all drawn into the inadequate little room by the reports that Hauptmann might take the witness stand. = Hauptmann, his usually well combed hair mussed a bit. sat almost alone in the midst of the assemblage. He clasped and unclasped his hands nervously and fixed his gaze strasght ahead. He looked around occasmmlly ‘with a vacant look in his eyes, as if he were totally oblivious of his surroundings. ‘Three of the first of the defense witnesses appeared at the afternoon session. They were Mr. and Mrs. Christian Friedricksen, the owners of the bakery where Mrs. Hauptmann worked, and Hans Klgppenburg, & friend of Hauptmann, who joined him in pleasure trips to Hunters Island in the Summer following the kidnaping. Court convened promptly at 1:45 pm. Defense Moves For a Directed Verdict. Egbert Rosecrans, immediately after | court convened, arose to move for a directed verdict of acquittal. He prefaced his motion by a re- quest for withdrawal of two documents introduced by the State. Wilentz did not object. The documents were not named. Rosecrans, opening his argument for & directed verdict, declared there was no evidence the court had jurisdiction in the case. He pointed out that the murdered baby's body was found in Mercer County, and, adding that while the legal presumption might be the child was fatally stricken in adjacent Hunterdon County, no evi- dence or proof had been offered to substantiate that presumption. “Next there is no evidence of a wil- ful premeditated murder having been committed in Hunterdon County,” Rosecrans continued. “The body was found in Mercer, with presumption the blow was struck there. “The next is there is no presump- tion of burglary. The statute bears the caption ‘Burglary,’ but we have many other things beside the crime of burglary as defined at common law. “The stealing of the clothes of the child has not been shown to be a com- mon law felony.” Declares No Evidence Of Burglary Was Shown. The tall, young attorney, holding notes before him, spoke in even tones as though he and the justice were the only persons in the room. He crossed l his arms, ran his hand through his brown hair or looked down at his potes in complete concentration on his argument, mony of the State, I find no evidence offered showing the intent to commit a commen law felony.” Rosecrans was attacking the indict- ment that the child was killed during the course of a felony, a burglary per- petrated for the purpose of stealing the child “In its clothing.” Wu Pnlll( at Crime Scene. “Next there is no proof the defen- dant was present at the scene of the crime at the time of the crlme The evidence of identification is not suffi- cient, the handwriting evidence is not sufficient, and the possession of the ransom money is not sufficient. “Of course, in a case of circum- stantial evidence, a jury may draw reasonable inference. “But I say the State has failed to bring the defendant near enough to the breaking and entering the night of the crime.” “The State must prove an actual presence at that house the night of the crime, on its theory that this was & one-man job,” he Went on. Rosecrans said under the State's theory a guilty person in New York could not be convicted. Rosecrans had been talking 20 min- utes, but he still seemed far from the conclusion of his argument. The jury was most attentive. State’s Theory Lays Murder on Hauptmann. Then suddenly he came to an abrupt conclusion, and Wilentz arose to make answer. “Your honor,” he said, “well knows the State’s theory that this defend- ant, Hauptmann, is guilty of the mur- der of the Lindbergh baby.” “That theory then and now is that the defendant Hauptmann is guilty of this murder because he broke and entered the Lindbergh house at night with the intent to steal. This he did and also he did commit a battery upon that baby.” Wilentz then cited a long list of legal citations to bulwark the points he was urging. “This death resulted from this burglary,” Wilentz asserted. “If we've proved these facts he’s guilty of murder. “This talk of circumstantial evi- dence—we have enough—a great wealth and abundance of direct evidence.” “If they feel that it's necessary to have some one sitting at the bottom of the ladder, to prove the case, they are in error,” Wilentz went on. “We have a wealth of circumstan- tial evidence, if you please, your honor. “We have this child safely secured in this bed. Have Positive Proof of Kidnaping. “We have the proof positive those closed windows and shutters of the nursery were opened. We have that mu;l trail from the window to the crib, “We have the ladder marks and the | splinters of that ladder on the house wall right under that window.” “We have the evidence of the very splinters in the wall where the ladder fell. Lieut. Sweeney testified to that. If Hauptmann took his ladder home, with him would we be prevented from proving our case? “There’s the child’s thumb guard, evidence that he stripped the sleep- ing suit from the body. “There's the ladder—the missing child—instantaneous death, from & fractured skull.” He spoke of the finding of the de- composed body. “It was there two months. That is logical. Death was | instantaneous.” Again a long list of legal citations was offered in support of the State’s contentions in this extended argu- ment. Wilentz turned to the legal defini- tion of murder, pointing out first degree murder would be if death oc- curred in the commission of a high misdemeanor. Municipal Profits Seen. Municipal water, gas and electric plants operated by Danville, Va;, showed a net profit of $300,000 in 1934. $30 SUITS Here's How: Simply MAIL this Coupon ' THE EVENING STAR, WASHINGTON, 'D. C, THURSDAY, JANUARY 24, 1935. STATE RESTS CASE | AGAINST BRUN Forestry Expert Testifies Ladder Was Work of Amateur. (Continued From First Page.) mann near Lindbergh estate on Feb- ruary 8 and again between February 25 and 27, 1932, Albert 8. Osborn and seven other bandwriting experts: That the 14 ransom notes, including the note left on the window sill of the Lindbergh nursery the night of the crime, were written by Hauptmann. Died of Skull Fracture. Dr. Charles H. Mitchell, Mercer County physician: That autopsy show- ed Lindbergh baby died of a fractured skull inflicted by external violence and that death was instantaneous or within a few minutes. ‘William E. Frank, Treasury Depart- ment accountant: That the assets of Hauptmann and his wife increased $44,486 between April 2, 1932, the day of the ransom payment of $50,000, and September 19, 1934, the day of Haupt- mann'’s arrest. Thomas H. Sisk, Department of Justice agent, and other State and Federal officers: That $14,600 in Lind- bergh ransom bills was found con- cealed in Hauptmann's garage in the Bronx. ‘Walter Lyle and John Lyons, filling station attendants, that Hauptmann proffered a $10 gold note in payment for gasoline, and that Lyle wrote down his license number. This gold note led to Hauptmann's arrest when a bank clerk discovered it was a ran- som bill. Offered Bill at Theater. Mrs. Cecile Barr, theater cashier, that Hauptmann proffered a $5 b later traced as & ransom bill, in pay: ment for a ticket on November 26, 1933. This was before the time Hauptmann claimed to have discov- ered that & package left with him by the dead Isador Fisch contained money. Edward F. Morton, a construction timekeeper: That Hauptmahn began work on & project as a carpenter on March 21, 1932, two fortnights after the kidnaping; that he did not work on April 2, the day of the ransom payment, and that he quit without notice on April 4, 1932, Hildegarde Olga Alexander, Bronx dress model: That she saw Haupt- mann spying on Dr. Condon during the period of the ransom negotiations. There were many other witnesses, giving mostly supporting testimony. Until the appearance of Koehler, Dr. Condon and the handwriting experts shared the spotlight as the big stars for the State. Koehler’s Testimony Plain. Koehler's calmly given testimony, taking the jury over one of the most amazing scientific detective trails to trace wood from tree to kidnap ladder by the marks of nature and ma- chinery, entranced the listeners in the trial. His performance on the stand ranged from scholarly-like, scientific deductions to a dramatic demonstra. tion with Hauptmann's plane, using the judge's bench for a work table, In this he supported his own test{s mony by exhibiting to the jury his actual method of determining that Hauptmann's plane was used to dress the wood of the ladder. Hauptmann's automobile came into the evidence during Koehler's brief left-over direct testimony today. He said the ladder could be fitted into 2% 3ale of NEW 75 “On any consideration of the mu-f and OVERCOATS . KAUFMAN Budgel ACCOUNT H:upunmn car with “inches to Themol’mehdderlnthem was supporting testimony to that given early in the trial by Hochmuth, who said he saw Hauptmann in a dirty green automobile with a ladder near the Lindbergh home on the day baby Chnrm A. Lindbergh, jr, was kid- 'l'he automobile has been for several days in an alleyway near the court. Attorney General Wilentz wanted the jury to view it. The photo- graph that was admitted instead was stated to be a true representation excepting that it showed a trunk on the rear. The trunk had been re- moved. Koehler's cross-examination by Frederick A. Pope of defense counsel began soon after he resumed the stand following & belated opening of court. Pope brought out from him that his identification of marks on the ladder, which he said had been made by Hauptmann’s own plane, was his first testimony of this kind in any court. Hauptmann More Interested. Hauptmann, still pale and somber, appeared to be taking more interest in the testimony as his turn to testify neared. Col. Charles A. Lindbergh, father of the slain baby, was late in arriving for the session. Apparently fearing he might interrupt the proceedings by his entry he stood far a time in the doorway and listened. Snow-clogged roads delayed many others, including Justice Trenchard, and for this reason court was nearly a half hour late in starting. Koehler told his cross-examiner he did not belleve the ladder was con- structed by & mechanic. “It was a rather poor job, wasn't it?” “Yes.” Hauptmann leaned forward at the counsel table and whispered to C. Lloyd Fisher, another of his attorneys. ! Koehler also acknowledged as true Pope's assertion that any three-quar- ter-inch chisel might have been used for the chisel work on the ladder. He testified in his direct examination that a chisel of that size found near the ladder at the scene of the crime had been used on the ladder, and further that Hauptmann's standard chisel kit in his tool chest was missing a chisel of that size. Notches Poorly Done. Pope, going on with his inquiry into the workmanship on the ladder, ven the sawing of the otches | is poorly done, isn't it?” 'Yes,” Koehler agreed. It has been testified,” Pope said, “that two sections of this ladder, namely, this one here which is broken, and the next section that fits into it could be used and was not used but was actually put together the Lindbergh home, the two sections together, and the officer told that when so placed against the ux: wall that the top round was 30 inches below the window sill. From your knowledge of wood, would you think that a ladder constructed as this one s | i, or referring specifically to this par- ticular ladder, would hold the weight of a man 175 to 180 pounds under those conditions?” Xe:i I lh}lgk l:z would.” nd coul e go up and down readily without the ladder breaking?” “He might.” Pope’s manner with Koehler was easy, conversational, as if spontane- ous and unstudied. He discussed the strain on waod with ladder rungs spaced at certain distances, learned from the witness | that a swaylng motion would result if they were spaced too far apart so that a man took wide steps upon it. Then he brought out from Koehler the assertion that the rungs in the kh;nlp ladder were spaced “unusually wide.” “So that a man stepping from this X Gorton’s Ready to Fry. .. X Comet Rice and put up against the side wall of | round up here, which is numbered 11, down to No. 10,” Pope pointed, “bel cause of the distance there would be naturally a heavier jar upon round No. 10 when he strikes it with his weight? “Yes,” the witness said, “unless he took precautions not to let that happen.” “I am speaking now nnrnully, in going down a iadder normally.” “Yes, that—" “That would be the normal effect 0( it, wouldn't 1t?” wCorrect.” “And, of course, an ordinary car- penter would know, understand, and appreciate '.hnu things, wouldn't he?” “I think so.” Bmo Ready to Testify. Hauptmann, pale and phlegmatic as ever, sat impatiently between his guards today, waiting to give his denial of the kidnap-killing of the Lindbergh baby. Hauptmann's direct testimony was to follow in general the lines drawn at the extradition hearings in the Bronx, in which he uttered full de- nials and saild the dead Isidor Fisch placed the ransom bills In trust with Hauptmann. “But that will be elaboration,” added Reilly. He indicated the defendant would advance several new angles to his alibis for his whereabouts on the two all-important nights, March 1—the night of the kidnaping—and April 2, 1932, the night of the ransom pay-off. ‘The projected defense plea for dis- missal of the murder indictment, after completion of the State's case, was based on these points, Rellly said: “Hauptmann was not placed in the nursery of the Lindbergh home. “Hauptmann was not placed on the grounds of the Lindbergh estate at any time. “The date of the killing has not been established. “The cause of the death has not been determined. “The prosecution has failed to prove and can not prove that the baby was killed in Hunterdon County, which has assumed jurisdiction over the case.” — Deaths Reported. Cora O. Avery, 83. 715 G st. s.W. Jacob Luria, 75. Garfleld Hospital. George W Slater, 68. 640 South Carolina ave. se. Chlrles H, Potter. 66, 412 Aspen st. E. Trimble. 83, George Washington tner Apartments. Garfleld st. 56. Walter Reed el R0, uln 8 s 2 8t Eli; 7ubflhs Hasmul Carpenter, 66. 29 O 3 St zlmnum Honpu Simms. 48 ct. | Naficy Campbell, 45 Gllhnlzr Hospital. | Births Reported. Oscar and Helen Towifshend, boy. | Joseph and Ethel Dl Nennl Jr.. boy. | Percy and Ruth boy. Tudor and Clara \Ialk boy. Samuel and Ethel Bernistein. boy, Charles and Lois Bleam. boy James and Grace Campbell boy. Mark and Ruch Taynion: boy: "‘h:rles and Ella Bliss. girl | Hargis and Ida Hedges. eirl Lewis and Bertha Sasser, girl, Norbert and Mary Birch girl Gebree atid Addie Arnola “wiri Alexander and Ethel Helbig. girl. Willls and Virginia Corley. girl. Herman and Miriam Silver. girl. Prank and Lottie Jones. boy. Isaac and Vioia Tonkins. eirl. BrReWDD Zngravers Gii TWELFTH STREST, N.w. .2 cans .3 pkes. XeAll Gold Fresh Green leu Sl X Green Villey Coffee Bee Brand Black Pepper and Nutmeg 2 s 17C Libby’s Vienna Sausage....... Libby’s Corned Beef. . .. . Libby’s Chili Con Carne...... 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FOUND ON DGORSTEP §Y BETYY AND 80B OF THE FAMUUS RADIO FROGRAM TONITE and we'll have YOUR Kaufman Budget-Charge Ac- count ready to use Tomorrow! Come in Tomorrow—select your new Suit or Overcoat—say “Charge it"—wear it home— and pay for it like this: Pay $4.75 on Feb. 1st $4.00 on Feb. 16th $4.00 on Mar. 1st, $4.00 on Mar. 16th $4.00 on Apr. 1st $4.00 on Apr. 16th The defense counsel then fold the court it was his opinion no evidence had been presented that a burglary ‘was committed, no evidence of break- ing and entering, no evidence of in- tention to commit a burglary. “Next,” he went one, “the burglary, if committed, was eommitted in Hun- terdon County, but death is presumed to have occurred in Mercer, where the body was found. “Burglary is a crime of intention. ‘That intention is in the mind of the felon when he enters. “In this case, the case is barren of any evidence of flight, of entering and robbing.” Case Barren ©Of Evidence of Flight. “But this case is barren of any evidence of flight, of any evidence 2 that the perpetrator was apprehended " ) 23 prs.—$7.50 Blue, Brown and $3 75 Plecse Open @ Kavimon Budget Gray Trousers . . . sizes 31 to 44.. 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