Evening Star Newspaper, February 4, 1935, Page 4

WITNESS ADMITS ERROR IN STORY Sommer Also Says He Was “Mistaken” in Accident Testimony. By the Associated Press. FLEMINGTON, N. J, Feb 4.—Peter H. Sommer, New York City municipal employe and defense sur- prise witness whose testimony made an “I-wouldn't - say-yes-and-I-wouldn't- say-no” refrain before the week-end court adjournment, returned to the witness chair today as Bruno Richard Hauptmann's trial opened its sixth week. Sommer faced a drumfire of ques- tions as Attorney General David T. ‘Wilentz resumed his cross-examina- tion in an effort to discredit the wit- ness’ story. It was Sommer who brought back into the case the names of Violet Sharpe, the Morrow maid who com- mitted suicide during the Lindbergh investigation, and Isador Fisch, Hauptmann's dead business partner, and the prisoner’s alibi for the posses- sion of the $15,000 ransom money. Sommer related that he saw a woman resembling Miss Sharpe and & man resembling Fisch with a golden- | haired 2-year-old baby in a one-piece sleeping suit in New York near the ! Weehawken Ferry House on March 1; 1932, the night of the kidnaping. Detectives spent the week end check- ing up on Sommer and the results of their inquiries gave the State am- munition for the renewed assault on the Sharpe-Fisch narrative. Bruno Sober-Faced As Session Opens. The jurors were the first of the im- portant trial characters to enter the well-filled court room. Mrs. Anna Hauptmann took her ac- customed seat near the defense table. Hauptmann, sober-faced, was led in by his guards, followed by Chief De- fense Counsel Edward J. Reilly. Reilly appeared a few moments before 10 o'clock. The other defense attorneys, C. Lloyd Fisher, Egbert Rosecrans and Frederick A. Pope, arrived at the defense table a moment later. Col. Charles A. Lindbergh, with Col. H. Norman Schwarzkopf and Col. Henry Breckinridge, took his seat back of the prosecution table at | 10 o'clock. | Prosecution counsel, including Rob- | ert Peacock, Joseph Lanigan, George K. Large and Richard Stockton were i In court studying papers and exhibits | on their table. i Court convened at 10:07 am.! (E. 5. T) i Prosecutor Anthony M. Hauck, jr., came into court just before the pro- ceedings began. Justice Thomas W. Trenchard, be- fore the trial proceeded, said he “very much regretted” that “movies and| talking pictures had been taken in de- fiance of the orders of the court.” Will Investigate Taking of Movies. “It was done,” he added, “secretly and by methods that are not com- monly understood. “This subject, this matter will be investigated.” The court officers, the court added, would have to be “especially vigilant” to prevent a repetition. “Those contrivances will have to be excluded from the court room,” he went on. “The officers will have to be vigilant and probably very ingenious to break up the practice. “There is the problem. That is the officers’ problem. \ “None of these instrumentalities will be allowed in the court room, and their agents and employes will be ex- cluded.” The jury was polled and Sommper, bespectacled and baldish, went back to the witness chair. County Judge Adam O. Robbins, who did not avail himself of the legal privilege of sitting in the trial, was in court. Justice Trenchard announced that Judge Robbins would hold oflr‘phans' Court in the surrogate's office. Don’t Evade, Says Wilentz to Witness. Attorney General Wilentz renewed his cross-quiz: Q. Now, Mr. Sommer, as I under- stand it, you saw a small man and a tall man help a woman with a baby on a trolley car in New York? A. Yes. Prior to that, Sommer said, he saw the small man on the ferry boat on which he came over from Weehawken, but hastened to explain the small man was not the same small man he saw on a trolley on the Jersey side. Once as the witness faltered over his testimony on the first small man and the second small man, Wilentz shot at him* “Don’t evade the questions.” “I'm trying to explain.” Q. You've had all week end to think about your testimony, didn’t you? A. I didn't think about it. Wilentz showed Sommer the photo- graph of Isador PFisch ‘again and the witness reiterated that it “resembled” the “small man” he had seen. The witness looked at another de- fense photograph, which he said also resembled the man. Q. You wouldn't swear, though, that these are the photographs of the man you saw? A. I wouldn't swear positively Admits Making Mistake in Story. Sommer admitted that he “made a mistake” Friday when he testified the man on the Weehawken trolley was the same man he saw later on the ferryboat. Hauptmann frowned in seeming an- noyance as Wilentz read back to the witness his testimony of Friday and had him change his account a few times. Q. You are a professional witness, aren't you? A. I don’'t qualify as a professional witness. I only came here to tell of the incidents I saw that night. . Q. I thought you came here in th interests of justice? A. I'd say I did. Q. Aren’t you a professional wit- ness? The defense objected and Wilentz, voice brisk and pressing, changed the question. Q. Do you not testify in court for a price? A. I haven’t spoken about a price. Q Do you not testify for a fee, a price, a reward? A. No, sir, I do not. Q. Haven't you on occasion tes- tified and when the money was un- paid, you stated the testimony you gave in court was incorrect and im- proper? A. No, sir. Q. How many cases have you testi- fled in? A. Two, I think. The witness told his questioner of cases in which he testified, including the Hall-Mills murder case. ‘Wilentz brought out that the man ‘was an investigator of an agency em- ployed by the defense in the Hall- Mills case, but eventually appeared as & State witness. Wilentz inquired about Sommer's testimony in an accident case in 1930, Q. Didn’t you testify falsely in that case? A. I did not. Q. You testified in that case that 1) | i | |tes£lmony on the exploding bottles. ra g NING 8 THE EVE T Week End Scenes in Hauptmann Trial I ¥ ~ you were at a stand near of the accident? A. If it was recorded that way, I didn't testify to it. Pope objected to the questioning as improper cross-examination and Wi- lentz explained he was testing the credibility of the witness. He was al- lowed to proceed. “Knew Nothing” About Accident. Q. You knew nothing about that case, about the accident? A. Not about the accident. Q. No, and you testified about the circumstances snd condition prior to the accident? A. No,'if that is in there (the record) it's wrong. I had a row with the lawyer when I came into court. to him, Reilly then took him for re-direct. | Reilly excused him after a few | brief questions. Ben Lupica, the young Princeton student who saw an auto with a lad- dusk the kidnap day, was then sworn. He gave his full name as Sebastian Benjamin Lupica. C. Lloyd Fisher of the defense took the witness for direct examination. Q. Where did you live on March 1, 1932? A. With my parents in Hopewell, N. J., about & mile north of the Lindbergh estate. A. Yes, I was commuting to Princeton Pre- Pope again objected and Justice Trenchard said, “I don't see how you | can go into his testimony in an-| other case.” | Wilentz was allowed to put the| direct _question: Q. Didn't you testify falsely? I did not. Pope’s next objection of Wilentz' questions on Sommer being paid for | his testimony and making an affidavit | that his evidence was false was sus- | tained by Justice Trenchard. Q. You testified about things you didn't know? A. No. I testified I saw certain bottles explode. Q. But you made a mistake on the date. It was after the accident that you saw the bottles explode. A. That's right. Q. But you testified they exploded at the time? A. Yes, I was mistaken. Admits Errors In Previous Case. Wilentz sought to bring out the witness had testified falsely in an accident case, but the defense objected to the method of the questioning de- signed to discredit the witness. Trenchard, restricting the questions, allowed Wilentz to ask him if he had made errors in his testimony in that case. The witness said he had. Q. Isn't it a fact that you only had your testimony corrected after the attorney failed to pay you? A. No. Q. Didn't you threaten to go to the district attorney if he didn’t pay you $15? A. No. That was my ex- Ppenses. ‘Wilentz brought from Sommer that he was employed in the supplies division of the New York City Admin- istration and then ended his questions. Reilly asked questions on Sommer’s | Al | Q. There is not any doubt you were n the ferry boat? A. No. Q. There isn't any doubt you saw what you told us about? A. Yes. Q. And you reported it to the po- lice the next day? A. Yes. Q. Were you alone? A. No, I had two young men with me. Q. And when you notified police you never expected you would testify in this case, did you? A. No. Reilly then turned over the witness to the State for re-cross. Unable to Identify Picture of Woman. Wilentz asked the witness if he had ever seen a picture outside court of the woman carrying the baby (alleg- edly Violet Sharpe). Sommer said he might have seen it in the newspapers, but couldn’t remember when. He added that he thought he had seen the picture of the man (allegedly Isador Fisch) about a year and a half after the kidnaping. “Don’t you know,” Wilentz shouted, “that that picture never appeared in the newspapers until September, 1934, after Hauptmann’s arrest?” “I don’t know about that,” Som- mers replied. Sommers wasn’t able to identify a picture of a woman presented by Wi- lentz as that of the woman he alleg- edly saw with a baby on the trolley the night of the crime. “You wouldn't say ‘ves' and you wouldn’t say ‘no’,” Wilentz said tauntingly, recalling Sommer’s answer to questions last week. jumped to his feet and ob- jected that Wilentz was framing the “for ne headlines.” Wilentz turned to Justice Trench- ard and declared: [ “May I say to Mr. Reilly through | der. your honor, I think it comes with very poor grace from him to speak paratory School in my car. Q. Are you here under a State sub- poena“and did you testify before the grand jury? A. Yes. Fisher directed Lupica to recount | his experiences the afternoon of the kidnaping while driving home from school. Lupica told of encountering a man in a car with a ladder in it near the Lindbergh estate. Saw Ladder in Car, | Student Testifies, Q. As you started up the road what happened? A. I noticed a car com- ing around the bend. It pulled across to the wrong side of the road near| a cornfleld. - Q. What happened then? A. He stayed there, and I started to go on up the road, and I passed him on the right side. Q. Did you see anything in the| car? A.Isaw two sections of a ladder in the car. It was resting on the tops of the front and back seats. * Q. Will you describe to me the man you saw in the car? A. He had a dark coat. He was about 40 years old and appeared thin. Q. Was he.of foreign nationality? A. No, he did not seem to be. Lupica told of seeing two sections of the ladder later in possession of the police. ‘The witness told of meeting a resi- dent of the area, Nelson Wyckofl, to whom he recounted the incident of seeing the ladder. At the time, he said, he did not know the kidnaping had occurred. The boy said he went on to school and was summoned to the Lindbergh uut;g late the afternoon of March 2, 1932, The police, even then, he went on, prompted by Fisher's questions, did not show him the ladder. Car He Saw Was “Blue or Black.” Fishen asked that the kidnap ladder be brought into court. Q. Did you observe the make of the car you saw? A. Yes, a 1929 Dodge. Q. What was the color of the car you saw? A. Black or dark biue. Q. It was green by any chance? A. No, black or dark blue. The dark-skinned student testified that the car carried Mercer County, N. J, license plates. Such a statement, he added, was made to the police at the time. Q. It was not a New York license? A. No. Lupica testified he made a state- ment that the car was black or dark blue, a 1929 Dodge sedan. The police, said, had him pick out & car of similar make. Q. Have you at any time told any one that you d Bruno Rich- ard Hauptmann as the man you saw in that car? A. No. Q. Can you identify Bruno Richard Hauptmann as the man you saw in that car? A. I can not. Fisher’s last questions brought out that the driver did not resemble Hauptmann and the kidnap ladder was like the one Lupica had seen. Lupica was released for cross-ex- amination. Says Passenger “Resembled” Bruno, Wilentz, with detailed questions, elicited from the witness that he only caught a “fleeting” glance of the lad- Shown an article in a New York tabloid newspaper bearing his name, Lupica testified he had been. paid for that and another, but he did not write them. He asserted they erroneously stated he had identified Hauptmann 4 der near the Lindbergh estate at ! he was told the prosecution would per- | Q. Did you go past the Lindbergh | | estate to set to your home? ¥ | the scene \’pictures of men and women shown |as the car driver, and he had com- | plained to the city editor. The attorney general then asked the quiet young student if he had not called him to his office after the news- paper article and chided him for al- lowing the story to appear. Wilentz had the student state that | mit him to say no more than what | he previously told police—the man in the car resembled Hauptmann. Q. And you said then before the | attorney general, Prosecutor Hauck | and a half dozen others that the man you saw resembled Hauptmann. A. Mr. Hauptmann has a resemblance to the man. Q. You've always said so? A. Yes. Q. And you so testify today? ‘The witness nodded. Fisher arose and shouted his ques- tion: “You say you got a fleeting glance story) ? “We can argue that in summation,” Wilentz interjected, objecting to the question. Q. Can you identify this man (in- dicating Hauptmann) as the man you saw? Wilentz objected, but Justice Trenchard allowed an answer. A. No, T can't. Lupica was excused and a five- minute recess was called. Court resumed at 11:37 am. Hauptmann Home April 2, Says Witness, Hans Kloppenburg, Hauptmann's close personal friend, was the next de- fense witness sworn. A tall, lean young man with a faint German accent, Kloppenburg was the man Haupt- mann said made “moo-sic” with him the ransom payment night of April 2, 1932, Reilly took him for the direct ex- amination. Kloppenburg told of his residence in the Bronx and occupation as a cabinetmaker. He said he met Haupt- mann, who lived near him. Q. Do you come from the same part of Germany as Mr. Hauptmann? A. No. I come from Schleswig- Holstein. . Is there a hyphen between Schleswig-Holstein? -A. Yes. Q. Doou recall being at the Haupt- mann home the night of April 2; 1932? A. Yes. Q. What day of the week was it? A. It was Saturday night. Q. Do you play a musical instru- ment? A. Yes, mandolin and guitar. Q. What instrument did Mr. Haupt- mann play? A. Mandolin. Q. Now what was your custom about these musical evenings? A. The first Saturday of each month we would play music at Mr. Hauptmann’s home. Accounts for Time From 7 P.M. to 11 P.M. Q. Tell the jury about the night of April 2, 1932? A. I got to Mr. Haupt- mann’s home about 7 o'clock, or a quarter of 7. We played some music and cards. Then we had coffee and cake, and between 11 and 12 o'clock he drove me in his car to the White Plains subway station. Q. He was in the house the entire evening up to the time he drove you to the subway station? A. Yes. Q. Who else was there? A. No one except Mrs. Hauptnfann. Q. How many times did you see PFisch at Hauptmann’s home? A. I don’t know. Twenty times. I first met him in July or August, 1932. a gray double-breasted suit, sat quietly on the stand, his hands folded in his lap. His long narrow face bore a serious expression and he gave his answers with positive deliberation. Shown photographs, he identified Fisch and Henry Uhlig, a friend and associated in business in the Bronx with the little furrier. Tells of Farewell Party Held for Fisch. The witness recounted the pleasure trips of the Hauptmanns and their friends to Hunters Island. He told of the recreation and fishing for eels. trips? A. Yes. Q. It was a custom in Germany? A. Yes.. Lindbergh regarded the witness with the e careful attention he has to every one who has occupled the witness stand. Hauptmann like- A at the driver like the witness Hock- | muth (an old man who told a similar | The tall young German, wearing |4- Q. Did all your friends go on these | No. 1—Mrs. Bruno Hauptmann and ber baby son, Mannfried, at the entrance of the Flemington jail yesterday as they visited the man accused of kidnaping and murdering the Lindbergh child. Hauptmann saw his young son for the first time since his trial began. Troopers cleared a way for Mrs. Hauptmann through a crowd of curious onlookers. No. 2—Relatives of Isador Fisch, dead man accused by Hauptmann, enjoying a week-end at Atlantic City. Left to right: Pinkus Fisch, brother; his wife Sarna, Miss Minne Hireguitz, who nursed Isa- dor in his last illness in Germany, and Hennin Fisch, sister. No. 3—The jury boarding & school bus for the regular week- end bus ride. £ wise listened with interest to the tes- | timony of his friend. Q. Now, on the evening of this | party for Fisch, what date was it? A. {It was on the Saturday before he | sailed. Q. When did he sail? A. It was | Wednesday or Thursday the next week. Reilly then had Kioppenburg enu- merate all the guests at that bon voyage party. Describes Package Fisch Brought Hauptmann. Kloppenburg listed the people pres- ent at the Fisch farewell party. Reilly assisted him with some last names with which he was not familiar. Q. Did you see Isador Fisch come |in? A. Yes, I saw him at the door | at the top of the stairs. Q. Did he carry anything with him? A. Yes. He carried a package about 5 to 6 inches high, 7 to 8 inches wide and about 14 inches long. Q. When was the last time you saw Pisch with that package in the Hauptmann house? A. They went | through the hall to the kitchen. Reilly was seeking to impress the jury the package Fisch had when he talked to Hauptmann was the shoe |box filled with ransom money. Q. You saw Hauptmann and Fisch | g0 to some other part of the house? A. Yes. Q. When they came back did Fisch | have the package with him? A. No. Reilly stopped there, releasing Kloppenburg to cross-examination by | Wilentz. | Q. You are the gentleman who took | the trip to California with the Haupt- | manns? A. Yes, Q. And you've been very friendly with the Hauptmanns? A. Yes. Q. You didn’t know Hauptmann in Germany, of his life over there? A. No. Wilentz, hands thrust in his pock- ets, paced back and forth before Kloppenburg as the witness told how he first met the defendant in New York in the Winter of 1929. “Didn’t See Fisch Leaving Party.” The young cabinetmaker told of | meeting Fisch at Hunters Island in the Summer of 1929. r; Q. Who introduced you? A. There’s no introducing out there. Q. You saw him many times at Hauptmann's home. They were very close friends? A. Yes, that's right. Kloppenburg testified that Haupt- mann frequently drove him to Hun- ters Island. Q. Was he with his wife? Sometimes. Q. More often he was alone? Sometimes, she was with him, Pisch did not remain overnight with the Hauptmanns the night of the party but left about 1 am. The tall witness could not recollect whether he saw Fisch depart. Q. You don’t know whether that package—whether Pisch took that package away with him? A.I am sure he didn't. He left it in the kitchen. Q. But you did not see him go home?' A. No. Q. Then you don't know what he took with him when he left the party? A. No. Q. You remember when Mr. Haupt- mann was arrested. He was still a godd friend of yours? A. Yes. Kloppenburg could not recall the exact date of the arrest. Q. It was in September, but you can’t be sure? A. No. Not sure. « Wilentz recited the other dates when Kloppenburg was questioned by the police but the witness could not recall them exactly. “It was a Priday and Saturday after the arrest,” he answered. “I re- member being in the Bronx police station.” Bronx Testimony Recalled by State, ' Q. Now when Hauptmann was ar- resde you and he were close\friends? es. Q. And you knew DrgCondon had said he paid the $50,000 ransom and Hauptmann was being held as the man who received it? A. Yes. Q. You knew he was charged with receiving the $50,000? A. Yes, Q. You knew the date that money A A ®ors eonvenlentamiess on ™ cton pean W I3 w’_IIE Efs’!'flr?nfivf\fl'n A'm" }:‘. T, g St St Tt ETZ—1217 G AR, WASHINGTON, D. C. MONDAY, FEBRUARY 4, 1935. was paid was April 2, 1932? A. Yes. Wilentz then had the witness state when he was questioned by Bronx authorities he knew all these things, and yet did not state he had been with Hauptmann on April 2, ‘The attorney general read one ques- tion asked in the Bronx, “Do you re- member seeing Hauptmann in March or April?” and the answer, “I can’t remember the days, I say in the months I did see him some time.” Kloeppenburg acknowledged the answer. Reading from Kloeppenburg'h state- ment to the Bronx police Wilentz showed that the witness had said he could not remember positively being at Hauptmann’s home April 2, 1932. Q. Did anybody tell you to come here and remember it? A. Yes, I remember it nowv. Pope and Reilly both protested when | ‘Wilentz sought to cut the snswer short. Kloeppenburg was aliowed to recount what recalled the time to him. Q. At the time you were questioned in the Bronx you couldn’t remember? A. Yes. Wilentz Question Amazes Witness. Q. Isn't it & fact that Mr. Haupt- mann picked out the first Saturday of the month, so he could use you to establish an lllb{?ed et Kloeppenburg loc] a - cred\uupufiy and then his face hroke into a broad smile. He did not answer when Pope immediately objected. Justice Trenchard sustained the ob- Jection. “It’s no worse,” Wilentz observed, “than your asking Betty Gow if she dropped the thumb guard on the lane.” Kloeppenburg said his recollections about April 2 were refreshed some time | in December and he realized he had been with Hauptmann that night. Q. Did you go back then to the Bronx district attorney or to the police, and say “gentlemen, I want to correct the testimony I gave you, I was mistaken? The defense objected, but was over- ruled. A. No, sir; I did not.” Q. Did you go back to talk to the| police after October, 1934? A. I went| a couple of times. Q. But not after the trial in the Bronx (extraditioi proceedings)? A. No. 5 Justice Trenchard asked the wit- ness if he “could come anywhere near” the time Fisch brought the package to Hauptmann. Kloeppenburg said his recollection was November, 1934. He corrected the ! date to 1933 Wilentz ended his questions and Reilly asked how the witness, remem- bered April 2, 1932. “I remember because it was the music night. I had a joke the night before (April fool's day) and I knew Mrs. Hauptmann wanted to go some- where the next day,” Kloeppenburg explained. Does Not Remember Police Visit Date. Wilentz, taking the witness for a| recross-examination, gestured to a| |man seated at the prosecution tatle. Q. Did you ever see this man be-| fore, Detective Patterson of the New York police? A. Yes. Q. Didn't he and Sergt. Wallace on the New Jersey State police come ordered her out because she had no seat. She protested, she said, that she was a defense witness, and was told bluntly: - “If Reilly wants his witnesses to sit down he can find seats for them.” She sald Violet Sharpe came to her restaurant once before March 1, 1932, and sat across a table from her. Q. Did she come there the night of the kidnaping. A. Yes, she came in about 7:30 and stayed until about 8:30 or 9. Miss Sharpe, the witness said, was in a highly nervous state and “shook like & hen on a griddle.” The attor- ney general had the remark stricken from the record. The girl, Mrs. Bonesteel said, ex- plained she was waiting for some one. “Some one drove up in a car,” the buxom womarn recounted. “Miss Sharpe waved her hand and went out.” Attorney General Wilentz began cross-examination, showing her a pho- tograph. Q. Is that the lady who came the first night? A. That's not the girl. Q. Is it Violet Sharpe? A. I think that is Violet Sharpe. Q. How old was the other lady? A. About 25 or 28. Q. Have you seen her since? A. Not since that night. Violet Sharpe was carrying a gray, heavy blanket the kidnight night on her arm, the witness testified. She left with two men in the car. “I could not be sure there was an- other girl in the car,” Mrs. Bonesteel said. Saw No Child in Car, States. Q. You saw no child in the car? I saw no child in the car. Wilentz shot a few more rapid-fire questions at the witness regarding the identity of the woman who introduced her to Violet Sharpe. The stout woman gotten. “That’s all,” snapped Wilentz scorn- fully and the witness was excused. Rellly called next for Phillip Moses, Bronx taxi driver, who allegedly saw four men in St. Raymond’s Cemetery the night of the ransom payment. Moses was not in court and the defense counsel summoned Joseph B. Dutt, a friend of Peter H. Sommer, the New York City employe, who told of seeing two men and a woman with a baby on a trolley the kidnap night. Dutt said he was with Sommer and another man that night. radio mechanic who was not working steadily at the time of the kidnaping, said Sommer had reared him since he was 6 weeks old. He recalled that he had attended a dance “with a pal of mine” on the kid- nap night and heard of the crime over the radio. The following day, he said, he ac- companied Sommer to the palice sta- tion where Sommer reported how he had seen a man resembling Isador Fisch and a women resembling Violet Sharpe with a 2-year-old golden- haired baby in a one-piece sleeping suit near the New York-Weehawken ferry on the kidnap night. Wilentz elicited "from Dutt that “in a way” Sommer was his “father.” He explained the relation was not by formal adoption. A red-haired police officer appeared and see you in December, 19347 A. Yes. Q. Didn’t you tell them then that| you didn’'t remember any of the dates? | A. I'm not sure it was in December. | Q. Well, late in the year, then? A. Yes, at the place where I work. Q. In January, February, March and April, 1932, did you go there on Saturday nights? A. Yes. But I didn't go in December, 1931, and January, 1932. Q Why do you say it was a cus- tom, then? A. It was, but I didn't go those two months. A. What have you in your mind that fixes it was February you re- sumed playing? A, Mr. and Mrs. Hauptmann came to my house one| | Sunday. Q. When you say February, vou guessing? A. No, I'm sure. came and offered me a job. Hauptmann sat rigid, listening and watching, while Kloppenburg testified. Mrs. Hauptmann listened, a slight smile on her face. Her eyes followed the tall young man as he stepped down from the stand at the end of his testimony and stalked out of the room. Court recessed 12:2¢ pm. Identifies Picture Of “Violet Sharpe.” Court convened at 1:45 pm. Mrs. Anna Bonesteel of Yonkers | was called by Reilly as the first wit- | ness of the afternoon session. She told of operating a restaurant. Q. Where do you live? A. 71 Alexander street, Yonkers, N. Y. Q. You operate a restaurant? A. Yes, in Yonkers. Q. Is that restaurant somewhere near the dock? A. Yes, near the ‘Yonkers ferry. Q. Where does that ferry run to in New Jersey? A. To Alpine, N. J. i Q. You are there all day long? A. | Until 1 a.m. if the customers are there. Reilly produced a photograph for identification by the witness. “Violet Sharpe,” said Mrs. Bone- steel, in a matter-of-fact tone indi- cating positive knowledge. The middle-aged restaurant owner was a stout, well-set woman, who an- swered the questions of Reilly with a firm, positive voice. Dressed in black, she shook her head emphatically to accompany her ready answers. Q. Did you ever see her again? A. Yes; after I saw her picture in the paper. Q. When did you learn of the Lind- bergh kidnaping? A. The next day. Everybody was talking about it, the newspapers and the radio. Q. When did you ever tell anybody about Violet Sharpe being at your restaurant that night? A. I told sev- eral persons, but they said “don’t pay any attention to her.” Under Reilly’s questioning she said that when she was in court Friday to tell her story court room deputies | are | He | for lunch at The doctor 1ds 1t | quest. | that he was present at the police before the witness at Wilentz's re- Dutt could not say definitely station where Sommer told his story. Tells of Attending Hauptmann Party. lowed Dutt to the stand. He told of being with Sommer and Dutt when the police report was made. Q. Do you know the last witness? A. Yes; since 1928-1929. No Commission Charged Largest in Asyeu Over $32,500,000 EDWARD C. B The Foen By Frederic Name Al sald she knew at the time, but had for- | Dutt, who described himself as a | P& Carl Jugg, Brooklyn electrician, fol- | o ———— e e e the night of the kidnaping? A. Yes; at the Roseland ball room on Broade way. - Q. What time did you learn of the kidnaping? A. By means of radio early in the morning. Q. What time did you return to your Brooklyn home? A. About 3 a.m. The witness, a youth with bushy hair, then stated he went to the Sommer’s home the following day and accompanied Butt and Sommer to a police station, where Sommer allegedly reported what he had seen the kidnap ‘night near the ferry house. Wilentz asked the young blond= haired witness to identify the police , office, but he could not. He was excused. 1'11;mbemzc‘:r was Edward Mullaney of eighty-first precinct, s and Quincey streets, Brooklm‘::' e Paul Betterly of Brooklyn was the next witaess, telling of sttending Hauptmann's birthday party Novem- ber 26, 1933. Q. When you arrived, was Haupte mann there? A. No. Q. He came in later, dressed in a sweater? He remained the entire evening? Betterly described the evening of talk about Germany and listening to the radio. Fisch, he said, arrived at 7 pm. and he and the others remained until 10 o'clock. Then they all went to the subway station to go home, the round- faced, dark-haired witness explained. Reilly completed his questions and turned the witness oved to cross-ex- | amination. |Painter Says Fisch Tried to Sell Him “Hot” Cash in 1932 | Story Spurned by Reilly and Principal Accused of Aiding State. By the Associated Press. FLEMINGTON, N. J, February 4— Arthur J. Trost, a New York painter, asserted today Isador Fisch had of- | fered to sell him “hot money” three lmon(.hn after the Lindbergh kidnap- Chief of Defense Counsel Edward | 9 Retlly, Trost said. rejected his prof- fer of testimony yesterday and ac- | cused the would-be witness of being ‘Jn stool pigeon for the State of New el TSey. Trost said that Reilly did not give him time to complete an account of details through which he professes to know of the offer of “hot money.” | The painter was taken to Reilly’s | office by Henry Kress, who has worked | as an investigator for James M. Faw- cett, former counsel for Hauptmann, and for Reilly. “In 1931 I knew Fisch as & man | who was forever porrowing small sums | from his acquaintances. He borrowed some money from me and never paid | it back,” Trost said “In June, 1932, a person I had met and who gave his name as ‘Fritz,’ asked me if I wanted to buy some good money for 50 cents on the dollar. I wondered what it was all about and went with him to & pool hall on East Eighty-sixth street. “There he pointed out Fisch. I told him and Fisch that I didn't want to have anything to do with them, that I had known Pisch for some time | and did not think much of his char- acter. “Pisch said, ‘Okay,’ and I'feft" Q. Do you recall where you were| Trost concluded. 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