Evening Star Newspaper, February 7, 1935, Page 5

NAIL HOLES BASIS DFBRUNODEFENGE Reilly Charges Three Were Made in Ladder After Kidnaping. By the Associated Press. FLEMINGTON, N. J., February 7.— Bruno Richard Hauptmann's defense| was pegged today on four nail holes | and fingerprints on the ladder the| State says was used by the Lindbergh! baby kidnaper. Edward J. Reilly, chief defense coun- sel, said three extra nail holes were “deliberately placed, more than likely by some investigating agent,” in an upright of the ladder the State con-| tends was made from a floor board taken from the Hauptmann attic. He produced a fingerprint expert, Dr. Erastus M. Hudson of New York, ‘who said he examined the ladder about 10 days after the kidnaping and saw only one nail hole in it. Furthermore, Dr. Hudson asserted. the fingerprints of the ladder’s maker should have shown for six months after it was made, unless he wore gloves. Koehler May Return. Attorney General David T. Wilentz | declared he was confident Dr. Hudson's story could be broken down under cross-examination today. There was a possibility Arthur J. Koehler, a Federal wood research expert, might be re- called to help reply to the former naval physician who developed the use of a silver nitrate process to bring out fingerprints. Koehler testified for the State that the nail holes fitted in the beam of the Hauptmann attic from where the board alledgedly was taken. The session was enlivened by the appearance of Mrs. Gerta Henkel, blond gum-chewing friend of the Hauptmanns, and her testimony the defendant liked the coffee she made when he stopped by in the mornings. Has More Witnesses. Reilly said he still had two “sur- prise” witnesses as well as one more handwriting expert, two more alibi Witnesses, and Henry Uhlig, the friend of Hauptmann and Isador Fisch, the | late Bronx furrier who the derense claims got the ransom money. The defense case should be con- cluded Friday, Reilly declared. A procession of witnesses were put on the stand by the defense. Gustave Miller, a Bronx plumber. said he investigated a leak at the Hauptmann home last August and did not notice a missing floor board in the attic. He testified, too, on cross- examination, he did not see a radio or rugs in the attic Members of the New Jersey State police force testified only eight prints| on the ladder were defined by the use of Dr. Hudson's process and none of them was Hauptmann's. Bench Curbs Testimony. Reilly’s attempts to develop further | testimony linking Fisch with mq ransom cash were curbed by a bench | ruling his witnesses must know the bank notes Fisch spent were ransom money. | The ruling halted testimony ot Oscar Bruchmann, a Bronx taxi driver. An admission he thought gold notes | were all yellowbacks caused the| crumpling of testimony by Theron J Main of Warsaw, N. Y., that a man Tesembling Fisch had attempted to talk to him in 1933 about $20 gold notes outside a New York restaurant. None of the $20 ransom currency was in yellowbacks. Defense Scores Again. The defense scored another point when it revealed that a beer stein which had stood in a recess of the window sill of the Lindbergh nursery at the time of the kidnaping was ap- parently not disturbed by the per- son who, the State says, went in and out the window Four witnesses had been introduced by the defense in an effort to show Fisch was affluent after the ransom money was paid, April 2, 1932, and that he tried to “unload” his money. Mrs. Henkel was recalled to the| stand to testify that Hauptm.mnsY conduct toward her never was other than circumspect, although he had coffee at her home when Mrs. Haupt- mann was in Europe. He bought her, she said, a “slip”| for a Christmas present, but bolh| Mr. and Mrs. Hauptmann brought m to her. Three members of the New Jersey State police force and Dr. Hud:on, were recalled to testify to examina-| tions of the ladder for fingerprints. i The three police officers were Lieut. Paul Sjostrom, investigator, and Sergt. Louis Kubler and Trooper Frank A. Kelly in the Bureau of Criminal Iden- tification. Kelly Quizzed on Ladder. To Kelly also the defense addressed T smerior were displayed amid further argument. Through the members of the State pollce (orce the defense brought out rprint was not nn’s finge! rouna e kidnap ¥ aader. Sjostrom, an investigator of the State police, said 68 photos had been taken of the kidnap ladder sections, revealing 125 finger and palm prints, of which 8 had been identified. Prints Not Hauptmann’s. “Did, at any time, you identify the fingerprints of this defendant, Rich- ard Hauptmann?” Fisher asked him. His answer was “No.” Sjostrom said the State police used the Hudson process to find finger- prints on the ladder after it had been handled by several hundred persons, including the crime experts from all over the country who were invited by former Gov. A. Harry Moore to join his Crime Commission. Kubler testified to Dr. Hudson’s visit to the Lindbergh estate, March 12 or 14, after the kidnaping, and his use of the process Dr. Hudson dem- onstrated. Kelly testified he had been unable to find readable prints in the Lind- bergh nursery by using a “black powder” method. ONLY ONE NALL HOLE, SAYS EXPERT Dr. Hudson Testifies Others Were Not on Ladder He Examined. (Continued From First Page.) ladder with his silver nitrate method of developing. Police found only 8 prints after several hundred people had handled the ladder. Wilentz insisted that Col. Charles A. Lindbergh, father of the slain child, and two State troopers had handled the ladder without gloves and that Dr. | Hudson had found no prints of these. The witness said he believed the troop- ers used gloves. Col. Lindbergh had handled ladder. He said he did not identify the prints he found Wilentz could not get him to say that Hauptmann's fingerprints, had they been on the ladder, would have | been obliterated by others superim- posed later. “Supposing that Mr. Hauptmann had his hands on this rail and then this ladder was taken down to a Gov- ernor’s crime conference and officials from all over the country started ex- amining the ladder and one fellow happened to put his fingers just about where the other fingers were, that would obliterate so far as identifying | Hauptmann's fingerprints, wouldn't it?” the | plied, “one would be over the other.” The attorney general, handing the ladder upright, known in the inves- tigation as “rail 16,” to Dr. Hudson, asked: “And if it was a part of the piece of wood that was in the attic, then it came from Hauptmanns’ attic.” “Yes, sir,” the witness agreed. He explained he obtained no finger- prints from the Lindbergh nursery window because his method did not work on painted surfaces. Uncertain About Notes. Dr. Hudson at first said he made notes on nail holes in the ladder, but later testified he didn’t know if he did. The attorney general showed him a ladder upright, pointed to nail holes. “Do you remember that nail hole when you saw it?” he asked. “No, sir,” nail hole wasn't there.” He pointed to another. “Those two nail holes were not there when I saw the lsd- der.” “Are you sure about that?” “Yes, sir.” A third nail hole was shown to him “I will say to the best of my knowl- edge and belief,” he testified, “that hole was not there.” “To the best of your knowledge and | belief? Will you swear it wasn't there, or don't you know?” “Well, that is as near swearing as I can say." “How near is that?” “That the hole wasn't there.” The celebrated Lindbergh kidnap ladder was back in its controversial place in the trial of Hauptmann as the basis for a charge of “frame up” by defense attorneys against investi- | gators in the case. Dr. Hudson, who was called - back to the witness stand, toid the jury he superimposed i had noticed only one nail hole in the ladder upright which the State asserts was cut from a board in Hauptmann's attic. | His testimony was in opposition to | that given by Arthur J. Koehler, Federal wood expert, and other State | witnesses, that the upright was pierced by four nail holes matching queries about the lumber in the lad-| der, the upright of which the State! says came from the attic of Haupt- mann’s home i Sam Streppone, a Bronz radio re- | pairman, who said he had been in institutions for mental disorders “about five times,” testified Fisch had left a box with him for about six hours. It was, he said, about the size | of a shoe box. Trooper Kelly's testimony regard- | ing the upright in the ladder, which the State says came from Haupt- mann’s attic. was interrupted fre- quently by State objections that the questions of Defense Attorney C. Lloyd Pisher were repetitious Justice Trenchard told Fisher, “You create confusion by these irrelevant | remarks of yours.” Kelly said he did not recall ever | having discussed the upright with Dr. Hudscn. When Fisher demanded if Kelly had not pointed out to Dr. Hudson there was only one nail hole in the ! side of the ladder, Kelly replied, | “That is absolutely not the fact.” { Kelly Discusses Stein 1 ‘To another question, Kelly replied | he had not learned ladders similar| to the kidnap ladder were built and| used in South Jersey among Negro' fruit pickers. stein, hitherto unmentioned in‘ the case, was discussed while Kelly| was on the stand. Wilentz, Fisher and Kelly argued whether the stein protruded ‘rom the recess and photographs of the OLD GOLD SILVER - PLATINUM BOUGHT Bring in your old, discarded trinkets and learn to your surprise what their value is. Rings. chains. watches, platinum or sterling ware in any condition. 54 years of Conscientious Service. Seloatore Do 926 F ST. N.W. f WOMEN'S F He didn’t know that | “It might and it might not,” he re- | said Dr. Hudson, “that | THE EVENING STAR, WASHINGTON, D. C., THURSDAY, FEBRUARY 7, 1935. BY ANNE GORDON SUYDAM. FLEMINGTON, N. J., February 7— With the advent of Dr. Erastus M. Hudson to the stand yesterday, the defense’s case and the faces of defense counsel brightened considerably, for a person of sound reputation and responsibility, whose appearance as well as his words tended to raise the standard of defense witnesses. ‘Whether his testimony will be of great avail to the defense is undetermined, but at least he was a man of dignity, a quality which has been painfully lacking in both witnesses and specta- tors in this court rcom. This trial, which should have been conducted under only the most solemn conditions, has actually frequently re- sembled a county fair. The movie men who were chastised from the bench for taking pictures while the court was in session. though ethically at fault, certainly by their very sur- reptitiousness were the least con- spicious offenders against the dignity |of the court. | It seems too bad that Justice Trenchard, who is really looked upon with affectionate admiration by every one here, should have allowed these conditions (o reach the point they did. Of course, he could not fore- see the bedlam which this trial would entail, but after the first day or so it should have become apparent to him that the ribald atmosphere per- vading the trial was derogatory not only to his court and the State of New Jersey, but to the whole country in its own eyes and the eyes of the world. Spectacle Pains Judge. So kindly a man is Justice Trench- ard, so tolerant of human foibles, and so full of natural dignity, that I be- lieve he found it hard to appreciate | the utter asininity of those who threw | confusion into the court room. It may sound paradoxical, but I am sure his innate respect of the law and the seriousness of this case treat it lightly, until the confusion, which he had undoubtedly attributed to nervous gusts of feeling, became so pronouncedly obnoxious that he took belated steps to prevent it. His voice, when he ordergd the aisles cleared of holes in the attic beams from which the board was reputedly cut. “The nail holes, the extra ones,” said Reilly, “were deliberately placed investigating agent.” The defense regarded Hudson's | testimony, both as to the nail holes |and fingerprints on the ladder, as | strengthening ~ Hauptmann'’s | against the charge of slaying the | Lindbergh baby. “Hauptmann will be virtually free | at the conclusion of today's testi- | mony,” said Reilly. | I have only 10 witnesses left, and I expect that they will have finished their testimony by tomorrow, about noon.” Attorney General Wilentz, however, held Koehler ready to attack the de- | fense claim of deliberate attempts to | “frame” Hauptmann. To meet the accusation, the prosecu- tion produced the report which Koehler submitted in March, 1933, a year and a half before Hauptmann was arrested. In it the-wood expert noted the presence of four nail holes, and recorded the measurements of distances between them. If the holes had been made as charged, the prosecution counsel sug- gested, the supposition would be tnat the State knew of a missing attic floorboard in the Hauptmann house a year and a half before Hauptmarnn was connected with the case. | Hudson's testimony, the prosecu- | tion asserted, confirmed the conten- | tion the “attic floor” uprigh: was part | of the ladder when Hudson examined Gustave Miller, a plumber and an- | other defense witness, testificd he saw no board missing in the attic month before Hauptmann's arrest fingerprints on the ladder, despite State police claims only smudges were found, and made the assertion that unless the kidnaper wore gloves Lis fingerprints could have been identi- fied as long as six months afterward. None of the prints was Hauptmann’s, he said. The expert voiced his belief in Hauptmann’s innocence for two rea- sons, expressed out of court. The first was that both Mrs. Lind- bergh and Betty Gow hardled the nursery window when they put the | baby to bed, yet five hours later State troopers found no prifits on the win- dow. Therefore, Dr. Hudson thought the window must have been washed. INE SHOES for wear now and in the Spring 85 formerly to 3|925 ALL SALES FINAL J&J SLATER 1221 Connecticut Avenue at last they seemed to have produced | prevented | him from realizing that others could | in the board, more than likely by some | fight | ‘ it the night of the kidnaping, although | Hudson testified he developed 500 | Defense Prospects Brightened By Testimony of Dr. Hudson Statements on Stand Are Seen Provid- ing Needed Dignity for Hauptmann’s Case—Court Likened to Fair. standees and when he told the camera- men yesterday that they might no longer enter the court room, was charged with the painful knowledge that human beings could sink so low |as to make a Roman holiday of this | affair. He is a quiet, simple man, and a man of wisdom as well as learning. He is an industrious scholar, who likes nothing better than to retire to his library and devote his leisure hours to the accumulation of knowledge. But, for all his erudition, there is a lovable homely quality about him as he weighs the problems before him, and drawls out a mild colloquialism with his judgments. He is never im- patient save when he feels that the court is being belittled, and he looks like a benign Santa Claus without whiskers. If I were wrongfully ac- cused of a crime, I should like to go | on trial before Judge Trenchard, for I feel that he would unmistakably know my innocence. If I were guilty I shéuld prefer trusting my fate to the vagaries of 12 jurors rather than to this man who seems able to read into the human heart. Entertainment by Miller. Reilly’s troup of odd witnesses occupied the stage again yesterday, coming one by one to the stand to reveal their bizarre selves, until we could scarcely believe our eyes and ears. Gus Miller, the plumber who wouldn’t testify the day before “be- cause it was to hot,” gave us a slightly hysterical half-hour when he re- counted in hard-boiled slang his plumbing activities in the Hauptmann home. “No, he didn’t see no blankets in the attics, he wasn't lookin’ for no boards or blankets, he was just lookin® | for pipes, see.” himg & question, and before the words are framed. the genial Miller says re-' assuringly, “shoo hoot!” queries Wilentz politely, with his usual sly| manner of getting unfavorable im- pressions across to the jury. “Sure, shoot, go ahead, you know,” says the witness helpfully, and Wilentz bows and takes up the oross- | examination while the audience tit- ters. Gus says he always carries a candle and a box of matches because he is always looking for something, and apparently he never sees any- thing except what he is looking for, which is usually leaky pipes. Called in from the street by Mrs. Haupt- mann, he seems to have examined the broom closet, supposed depository of the ransom money, with profes- sional zeal, although in his testimony | he places the fateful pipe in quite the wrong side of the closet. Any- way he saw the dampness, and, like any good plumber hot on the trail of a leaky pipe, he, according to his own words, “shot up to the attic,” | complete with candle and matches. | Here he groped around busily until he found the offending drain, at which | point he discovered that he had to| go back for more tools, which latter | admission tended greatly to confirm | his credibility as a plumber, if not as| | a witness. He seems to have solved | l LA FORA THO Everyone of carefully and (Gear 1. 2. 3. 4. B. lowing: 8. Tighten 10. 1. 12. 24-Hour Emergency Road 13. Lubricaf versal join 14. Lubrical 15. Lubrica Service Standard Rates © following: 20. Tighten 21, Tighten 22. Tighten May we be helpful by arranging Credit Terms? clips. ROAD TEST OFFICIAL SERVICE ‘Wilentz starts to ask | Frouble P- CallCARL 7. Adjust and focus headlights. 9. Clean and grease battery terminals, and test and water battery. Clean commutators of starter and generatqr, Set generator charging rate. Test ignition, light and starter switches and ignition wiring. GENERAL LUBRICATING AND OILING, in- cluding the following: 16. Lubricate steering mechanism and sector. 17. Lubricate speedometer cable. wheel bearings. 19. Lubricate fan, water pump and distributor. and tighten fan belt and water pump. GENERAL TIGHTENING-UP, including the 23. Tighten body bolts, floor boards, dash and cowl, and adjust door bumpers. 24, Tighten spring shackles, steering arms and rods. | 25. Tighten rear axle nuts, AUTO TROUBLE? the whole messy business by leaving some material behind so that some- body else could repair it. Both Hauptmanns Smile, Both the Hauptmanns smiled dur- ing his testimony, and you can't help wondering how natural their smiles can be, in spite of Miller'’s absurd { antics, For he certainly did little to help their cause. A taxi driver who testified to ac- cepting a “yellow-back” bill from Fisch, and who apparently did not realize that all the ransom bills were greenbacks, and a former inmate of insane asylums, who, when asked if he had been committed to institutions eight times, said with pathetic resig- nation, “Let's make it five,” were among the other defense witnesses. A ripple of excited interest ran through the court room when Gerta Henkel took the stand. We have all been wondering what this girl was like, ! and how she would differ from the | phlegmatic, patient wife of Haupt- mann’s bosom. Well, she is different, there is no doubt of that. In fact, she appears to be everything that Mrs. Hauptmann is not. Trim, saucy, very cock-sure of herself, she tripped to the witness stand, chewed gum as she took her oath upon the Bible, and seated herself in the chair still chew- ing gum, as though she were about to attend an interesting matinee. She winked once or twice in the direction of the Hauptmanns, she seemed at one point to be attempting to vamp Justice Trenchard, she was sprightly in all her words and actlons, and com- pletely nonchalant in her casual “uh-huhs” and “yops” and “yeps.” Wilentz Is Balked. Hauptmann had coffee with her often, because as she cheerfully ex- plained, “I like my coffee.”” Appar- ently she liked her Hauptmann, too, or else Hauptmann liked her coffee, and anyway, she didn't mind telling the world that they often had coffee together, “Sure, you said it,” so that even the wily Wilentz was unable to cast a slur upon these innocent break- fasts. Still chewing gum, she almost danced off the witness stand, a dainty and inconsequential bit of thistledown blown unaccountably into this dark room. At least she was another friend to Hauptmann, who presumably had nothing to gain by taking the stand in his defense, and if ever he needed lfnends he needs them now. His wife knows this, and all jealousy laid aside for the time, she smiled approvingly at Gerta’s words, and as her former n\nl left the stand, and Hauptmann | leaned beamingly toward his wife and |said “she’s still just the same, isn't | she?” She glowed in response and said with real feeling, “Yes, she ,is ’cule isn’t she?” Among all the strange juxtapositions of the trial, the transformation of rival into bosom friend and defender is not | the least smmge Before Sellmg Investigate the Prices We Pay for OLD GOLD Jewelry of every description. bridge. work, stiver atter how eld or dilapidated any of foregoing ar- ticles might be. you will be greatly furprised at the cash orices oaid (Licensed by U. S. Govt.) SHAH & SHAH 921 F St. N.W. Phone NA. 5543—We Will Call | ? | "Put Your in Safe Hands" ST CALL! 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