Evening Star Newspaper, February 6, 1935, Page 5

FISCH ISHELD AN SEENIN CEMETERY Restaurant Cashier Swears He Saw Furrier Jump From Wall. By the Assoclated Press. FLEMINGTON, N. J., February 6. A Brooklyn restaurant cashier and former cabaret “host” told ihe jury in the Bruno Richard Haupt- mann trial yesterday that while keep- ing a tryst in a darkened automobile April 2, 1932, he saw Isador Fisch, Hauptmann's furrier friend, jump from the wall of St. Raymond's Ceme- tery in the Bronx. That is where Dr. J. F. Condon paid the $50,000 Lindbergh ransom money. Vague later on identifications of the surroundings and unwilling to name the girl in the tryst, now dead, Ben- Jamin Heler clung to his story that he flicked his automobile lights on and off and that in their glare he saw for about five or six seconds the man the defense says-got the Lindbergh ran- som cash. Bundles Are Cited. Earlier in the day Edward J. Reilly, chief of the defense counsel, attempted to show through a woman witness that Fisch had attempted to peddle bundles which may have held ransom notes. State objections halted the testi- mony, but gave Reilly the chance to announce: “I am prepared to prove that the man who jumped over the cemetery wall was Isador Fisch, that the money was handed to Isador Fisch, that Isa- dor Fisch from that date on not only approached one but many persons in New York, trying to dispose of this money. * * * “I am going to trace everything I can to show that Isador Fisch and not this defendant received the money from Dr. Condon, tried to dispose of it, tried to leave it not only with this woman (Mrs. Bertha Hoff), finally left it with Hauptmann, and the develop- | ment of the innocence of this defend- ant.” Woman's Testimony Halted. Mrs. Bertha Hoff, a little woman in & brown hat and a black dress, testi- fied a New Jersey farmer named Bud- reau and Isador Fisch had come to her home in Bayside, Long Island, late in 1933 with “bundles.” _ State objections choked off her tes- timony and brought Reilly’s exposition of the case, opening the way for Heier's testimony. Again court was adjourned early as five defense witnesses failed to answer Reilly’s loud voice. Justice Thomas W. Trenchard re- buked Reilly with the admonition he must have his witnesses in court. During the day more friends of Hauptmann came to the stand to present testimony contradicting that of a Greenwich Village theater cash- jer. She said Hauptmann was the | man who passed a ransom bill at her | cage the night of November 26, 1933. ‘That was the night a birthday party was held at the Hauptmann home for the defendant. | Condon Is Attacked. Dr. Condon’s reputation was at- tacked in questions aimed at John E. Seykora, a Department of Justice inspector, but the inspector upheld “Jafsie’s” character by his testimony. Heier swore in the court room that he sat in a parked automobile a hundred feet or so from where Col. Charles A. Lindbergh was waiting | outside St. Raymond’s Cemetery, on | the night of April 2, 1932, and saw Fisch jump from the cemetery wall. His testimony made it appear likely the State would call Col. Lindbergh as a rebuttal witness to refute the Btory car was parked outside the “Political THE EVENING STAR, WASHINGTON, D. C, WEDNESDAY, FEBRUARY 6, 1935. Suspense” Gov. Eugene Talmadge, left, made something of a campaign issue of red suspenders and here he is shown with “Dictator” Huey Long, right, of Louisiana, when Long arrived in Atlanta to address the Georgia Legis- lature. Talmadge presented Long with a pair of red ones lndAlb;ve both re showing them off. cemetery on the night Dr. Condon passed the $50,000 ransom to a man the State contends was Hauptmann himself. Neither Lindbergh nor Con- don mentioned a parked automobile when they testified. ‘The witness, young, self-possessed, describing himself as a writer, now working as a cashier, said he sat in his automobile near the gate of St. Raymond's for two hours with a girl. Story Straightforward. He told his story in a straightfor- ward manner, but in cross-examina- tion by Attorney General David T. Wilentz various inaccuracies cropped up as Heier strove to remember details of his physical surroundings. He said the incident was called to mind in a letter from the girl after the news of the payment of the ran- som was made public. Then, he said, he forgot it, and it was brought to mind again after Hauptmann’s arrest, when he saw a picture of Fisch in the paper. Fisch is the man, Hauptmann says, who left in his keeping a shoe box which he inspected last August to dis- cover it contained nearly $15,000 of the Lindbergh ransom money. Heler was vague in many of his answers to Wilentz's rigorous exami- nation. He hesitated about revealing the name of the girl. He admitted to a’ conviction on a charge which was not brought out in examination. He was vague, too, when he tried to @escribe the street condition where he parked, the street lights and the state of the cemetery wall near the spot where Lindbergh has testified he heard a voice, Which he identified as | Hauptmann’s, calling “hey, doctor!” Lindbergh Watches Intently. Lindbergh spent his twenty-fifth day in court, listening to the testi- mony with no greater show of emo- tion than he has evinced since the beginning. He watched Heler in- tently, taking note of every word. Heier, who said he now worked at a Manhattan restaurant, and had formerly worked for his brother in the Williamsburgh section of Brook- Iyn, said he is 24 years old. On the night of April 2, he testified, he called for a young lady in the Bronx and took her for a ride in his auto- mobile about 7:30 or 8 o'clock. He pointed out the position where he had parked his car on an aerial photograph introduced eariier by the Photo. defense, but he professed to know little about the names of the streets. Reilly referred him to the map of the Bronx, but it apparently helped his knowledge but little. Last Surprise Witness. Heier was the latest of the defense surprise witnesses. He came to the stand at the start of the afternoon session after Mrs. Maria Mueller, niece of Mrs. Hauptmann, and five other persons had testified they were present at the Hauptmanns on the night of December 2, 1933, when Fisch was guest at a farewell party. Fisch sailed for Germany shortly afterwards and died there the follow- ing Spring. Mrs. Mueller also corroborated Hauptmann's own story that he was at home on the night of November 26, 1933, when, the State contends, he passed a ransom bill at a Greenwich Village theater. The defense also produced a witness to testify that the memory of Mrs. Cecile Barr, cashier at the theater, was faulty—she was the woman who identified Hauptmann as the ransom bill passer—but he was not permitted to answer defense counsel's questions. | EXHIBITS ARE GUARDED Only Two Men Have Access to Kidnap Ladder. FLEMINGTON, N. J., February 6 (®).—Vigilance was increased today over the prosecution exhibits in the trial of Bruno Hauptmann for the Lindbergh kidnaping. General orders were renewed last night for guarding the exhibits and only Detective Lewis J. Bornmann and Arthur J. Koehler, Federal wood expert, are henceforth to be permitted access to the kidnap ladder. The exhibits are in an isolated room of the warden's quarters in Hunterdon County Jail. State troopers, in three shifts daily, stand watch over them Game Warden Tularemia Victim. DULUTH, Minn., February 6 (#).— Albert B. Graham, 57, State game warden the last four years, died yes- terday of tularemia, contracted in connection with duties. He had lived here 45 years and was State repre- sentative from Duluth in 1927-8. THE AMERICAN GOVERNMENT TO-DAY Frederic J. Haskin This new book on the American Gov- ernment is as up-to-date as today’s newspaper—and as crisply and infor- matively written. It does not take sides. It contains no propaganda. It tells what every citizen desires and Defense Displays Increasing Weakness With Its Witnesses Reilly, Lacking Alibi Material, Is Forced to Request Early Court Adjournments Twice This W eek. BY ANNE GORDON SUYDAM. Special Dispatch to The Star. FLEMINGTON, N. J,, February 6.— As one by one the witnesses culled by the delicate hand of Mr. Reilly from an unknown repository get snow- bound in Trenton, or miss the bus to Flemington, or are seized with sudden palsy, or simply fold their tents like the Arabs and silently steal away, the case of the defense begins to look pretty weak, and you find yourself actually embarrassed in its name. For the second time this week Mr. Rellly, for sheer lack of alibl material, however flimsy, was forced to stand before Justice Trenchard’s bench like a sheepish boy and request an :‘l" adjournment. The judge usually mild though thoroughly discriminating, re- minded Mr. Reilly that it was cumbent upon him to produce and hold his witnesses in court until they should be called, and upon Reilly's promise to do so wound up with the rather severe admonition, “I hope s0, Mr. Reilly, else something unpleasant is likely to occur.” Witnesses Grow Curious. ‘Those witnesses whom he has pro- duced grow more and more curi- ous. Perhaps it wouldn't matter much if these other nebulous names never did materialize in court, for even sight unseen they could not seem more fantastic and unreal than some who have appeared in the flesh. Maybe there aren’t any more, maybe it would be just as well not to have any more like the general run of those who have come before us. From the subterranequs creatures of last week, who darted in and out of ferryboats and speakeasies, we come this week to a thwarted Lothario, who is gallant enough to tearfully strive to suppress his lady's name from the case, but who was not quite gallant enough to refrain from entering the case at all, although his appearance confirmed nothing save his own in- anity. It may be that the manly hearts of the male jurors, including the ultra-susceptible heart of Liscom Case, were stirred by thoughts of more ardent days and nights which they had known before the unexpected arm of the law reached out and incarcer- ated them, like so many white mice, in the jury box. As Benjamin Heier told with throaty reluctance the story of his sentimental tryst with Judy Schwartz beside the cemetery gates on the night of the ransom payment, when they parked for three hours in the mysterious darkness and talked about life, it may be that Rosie Pill and Verna Snyder quivered with the tender memories of those ineffable days when Messrs. Pill and Snyder wooed and won them. It may be that we were all a little affected by Heier's moving story of his unrequited love for little Judy Schwartz, who worked by day at Bloomingdale’s Department Store and parked by night at St. Ray- mond’s Cemetery, only to reject his proffered suit in June, to marry another in July, and, with bitter- sweet retribution, to die in August. And, of course, it may be that there was never any Judy at all. Promised to Meet Friend. Nevertheless, in the name of cre- dulity, let us shadow this Romeo as he goes to meet his Judy. He emerges from his father's restaurant at about 7 o'clock and goes to the corner of Grant and Attorney streets, where, according to his sworn testimony, he has promised to meet a friend at that time. He doesn’t know who the friend was, but he is positive that he never came to that corner. - _This condition alone arouses fas- cinating speculations in the inquiring mind. How does he know that his friend wasn't there all the time if he doesn’t know who his friend was? How can any of us be sure that this loyal though anonymous friend has not been standing on that fateful corner where Grant and Attorney streets meet, waiting for the faithless Heler to appear? Perhaps he stood, like & stork, first on one foot and then on the other, until he achieved, through long waiting, the static patience of & fire plug. Perhaps he comes frre- sistibly back through the dusk of every April 2d, in the wan hope of finding his Benjamin unaccountably there. Well, Benjamin has done his duty by going to the street corner at all, and so he steps briskly forth to an- other street corner and picks up Judy. They drive to the street adjoining Woodlawn Cemetery and park there, and while so engaged, Benjamin, through sheer nervousness over the momentousness of the occasion, or possibly in a apl{" of playfulness, flips the lights of his'car on and off “maybe 20 times in three minutes,” according to his own testimony. During one of these bright moments, he was for- tuitously able to observe a man jump- ing over the cemetery wall. In fact, he was able to observe him so well that he unhesitatingly identified the picture of Fisch as a “strong resem- blance” to that man. At this point, Judy, perhaps slightly annoyed with his odd manoeuvering of his lights, seems to have reproached him, for he explains his failure to report the affair to the police by the fact that he was “too grieved at the-time.” Letter Found in Desk. Judy is married and buried, and last Saturday Mr. Heier decided to clean up his desk, and what should he find therein but a letter from Judy, in which she seems to refer to their tryst | on the night of April 2d. It seems to be of tremendous importance to Mr. Reilly, but it is not admitted in evi- dence, and so Judy passes out of our consciousness as intangible as when she entered it. Philip Moses, one-time taxi driver, song writer, farmer, hoofer and what have you, and for the past two weeks stooge of Flemington, who has been signing autograph books for street|once more preceded them, again leav- | to the secretary and treasurer, and | York City December 3, 1927. urchins with his name followed by the latter's mother. The note contained impressive words “star witness,” takes the stand. He admits, or rather he boasts proudly under cross-examina- tion, that he is a skilled impersonator of Will Rogers, and thereupon prompt- ly combs down his forelock in the ap- proved Rogers manner and looks hope- fully at the audience, to the delight of the jury, press and spectators and to the complete bafflement of Justice Trenchard. Gus Miller, defense witness called aloud in court by Reilly and apparent- ly having failed to appear, swaggers down the aisle as court adjourns for the day, declaring that “it was too hot to talk in there. If they want me to talk, let them give me some fresh air” If this be contempt, make the most of it, which nobody did, but still it did seem a bit quaint for a witness in a murder trial to announce with righteous indignation that he couldn't testify “because it was too hot.” FIREMEN AND STORK PAY VISITS TOGETHER Blazes Are Extinguished at Two Homes After Arrival of Baby Boys. By the Associated Pres-. NEVADA CITY, Calif., February 6. —The fire department followed the trail of the stork here yesterday. First the firemen extinguished a roof fire at the Joseph Cortescelli home, just about the time a baby boy was | born to Mrs. Cortescelli. Rosemary ,Smith (left) and Robin Anpesley, both seeking movie careers in Hollywood, who are ignoring the death threat note sent to the town or be “taken for a ride” with her actress friend. a warning to her daughter to leave |Bruno Is Reported As Still Believing His Trial Is Fair Defense Staff Member Tells of Statement to Spectator. By the Assoctated Press. FLEMINGTON, N. J, February 6 | (#)—Taciturn as Bruno Richard Hauptmann was during the twenty- fifth day of his trial yesterday, he reiterated a statement he is getting a fair trial, one of his counsel said. C. Lloyd Fisher, one of the defense staff, said Hauptmann told him Dr. Frederick Kirsch leaned over during | & recess period and addressed Haupt- | mann in German on his reaction to| the trial. | Fisher said Hauptmann informed | him he told Kirsch he was “getting | a fair trial.” | Kirsch has been in this country handling financial arrangements for the fight between Steve Hamas and | | Max Schmeling, which will be held | in Germany, UNION LEADER DIES | CLEVELAND, February 6 (P).— | | Prentice M. Booth, 77, former grand | secretary of the Brotherhood of Rail- ! *% A-D HOLDING COMPANY BILL 15 OFFERED Measure Given to House Provides Dissolution With- in Five Years. By the Assoclated Press. > Legislation to carry President Roose- velt’s projected control of utilities a long step farther by “elimination of public utility holding companies” was Introduced today by Chairman Ray- burn of the House Interstate Com- merce Committee. Although the measure was not claimed to be an “administration” bill in the usual sense, it was put in after a White House conferepce yesterday and Mr. Roosevelt knew of its contents. The legislation, as explained by Rayburn, would: 1. Simplify holding company struc- tures and eliminate geographically and economically unrelated properties from their set-ups. Would Halt Speculation. 2. Confine holding company invest- ments to public utility activities by excluding all extraneous or speculative ventures. 3. Control future security issues and acquisitions “to prevent further growth of pyramided structures and economically unsound systems.”s 4. Require adequate reports and standard accounts to show financial condition and intercorporate relation- ships. 5. Eliminate common control of electric utility properties and inter- state gas transmission and of domestic and foreign properties. 6. Establish the principle that a holding company shall not profit from dealings with its own subsidiaries and that service and other companies be organized on “a truly mutual and co- operative basis and shall perform their work at cost.” Rigid Control Sought. 7. Impose rigid control of intercor porate relations “wherever there is an absence of arm’s-length dealing.” 8. Effect “necessary reorganizations of holding companies under Federal administrative control.” In a statement Rayburn recited holding company practices which he said created problems “national in scope.” “As an immediate program, there- fore,” he announced, “I am offering a bill which is intended to accomplish the compulsory dissolution, under the trusteeship of the Securities and Ex- change Commission, of public utility holding companies which have not been voluntarily dissolved within a reasonable period of tim Five-Year Limit Fixed. ‘The measure provides for the aboli- tion of the holding companies at the end of five years. i Muriel French Asks Decree. RENO, Nev.. February 6 (#).— | A short time later the department | way Trainmen, died suddenly at his Muriel French has filed a suit for was summoned to put out a chimney | blaze at the Charles Brown residence. To their amazement the stork had ing a boy. home here yesterday. | Booth was connected with the brotherhood for 38 years, as chief clerk | then as grand secretary. | divorce against George E. French, New York social registerite, charging cruelty. The couple married in New They have one child, George, jr., 6. "Millions will no longer need to depend on physics__ thanks to AR Jeast 3 PREDICT NOTED PHYSICIANS! STHE NEW XR YEAST is the most advanced weapon against constipa. tion and related ailments—such as indigestion, skin troubles, ran-down condition,” reports Dr. Lorenzo Cherubini, noted physician-in-chief of a very famous hospital. = needs to know about every detail of the great machinery of Government— including the new bureaus and agen- cies which every one is talking about. Every statement is authentic. THE EVENING STAR, { Washington, D. C.: T enclose $........... for........ copies of the new book, THE AMER- ICAN GOVERNMENT TODAY, by Frederic J. Haskin, to be mailed, 4 postage prepaid. ¢ Name . State ..ceiiiienniiiiiitcinnnssnnne . Order YOUR copy now—fill in the form. Also on sale at the Business Office of The Star [remssseviEl n s skin free of blemishes. Your elimination should be regular . . . no longer need you be a victim of the dangerous “cathartic habit” if you eat XR Yeast as directed. ‘This new yeast is rich in Vitamin A, which helps you combat colds, and Vitamins B, D and G. Fleischmann’s XR Yeast has already helped millions of people, Won'’t you let it help you . .. starting this very day? cians and try Fleischmann’s XR Yeast now! Eat 3 cakes of Fleischmann’s XR Yeast daily—plain, or dissolved in ’§ glass of water —preferably a half-hour before meals. Cut out cathartics gradually. You can get it at grocers, restaurants and soda fountains. Soon you should begin to feel better and look better. Your appetite should become keener . . . your digestion stronger and your This stronger fresh yeast gives amazing results in Constipation and its related ailments results of tests on this new, fresh yeast have astonished me,” writes the noted Dr. Cherubini. “It is an important discovery that should free millions from the need for cathartics”—when eaten regularly. ‘You need no longer weaken yourself with harsh cathartics. If you suffer from consti- pation and its related ailments such as indi- gestion, headaches, loss of energy or skin trouble, follow the advice of famous physi- HOW TO FEEL GREAT AGAIN . . . Right now, decide to stop neglecting yourself! Start to eat 3 cakes of Fleischmann’s XR Yeast every day for at least 30 days! As your elimination improves, cut down gradually on cathartics. Then, as your system becomes “nor- malized,” note how much better you feel . . . and Jook . . . and work/