Evening Star Newspaper, February 11, 1935, Page 5

THE EVENING STAR, WASHINGTON, D. ¢, MONDAY, FEBRUARY 11, 1935. | Lindbergh Must Sue Hauptmann Ehd ‘A-S POINTS FOR GHARGE As Hauptmann Trial Neared Climax REILLY ACCUSES GOW, WHATELEY Charges Nurse and Butler| Were Involved in “In- side Job.” (Continued From First Page.) & man’s body and possibly the im- print of a child.” Reilly was in the midst of his plea when court adjourned for the lunch- eon recess, calling the State’s case| a “moving picture scenario,” and of- fering a theory of the child’s death “That child could have lived four or five days some place” he said.| “There were hundreds of places around Hopewell to hide that child for four or five days, or for 10 days, and then the child could have died from falling off a table, falling out, of a crib, or being struck, if you will} have it that way, though it is anj| awfully cruel thing to think of.” He seized upon the absence of fin- gerprints in the Lindbergh nursefy to suggest that “some disloyal serv- ant” wiped them away. “Hand of Death.” | “The hand of death in this case,” he shouted, “has rubbed out many a per- | son connected with it. They have all | gone, all gone swiftly, and to retribu- | tion, as all the others in time wiil feel the hand of retribution, but it won't be this defendant, because he wasn't| there.” | He accused Col. H. Norman Schwarz- | kopf, head of the New Jersey State police, of bungling the case. | “It was a horrible, horrible thing, and, my God. it couldn’t have been planned by one person. It had to be planned by a group,” he said. “The mob wants the German car- penter killed, as mobs for the past 2,000 years have cried for the death of a person under hysteria, when after- | ward it was discovered that the per- | son that was Kkilled by the mob ven- geance wasn't guilty at all.” i State Gives Resume. Anthony M. Hauck, Hunterdon | County prosecutor, spoke for the State. Reilly told the jurors that “despite the position and the prestige and the | wealth of the distinguished family who | find themselves in the position here | of being bereaved. the State must ! prove its case according to the law and not guesswork, not inference, not maybes and not speeches.” Reilly attacked the pattern of the: State’s case. | “This is the crime of the century | and it is the worst crime and the lowest | type of crime ever committed to my | knowledge,” the defense attorney said. | “but it is not the defendant who is| guilty of it.” He mildly ridiculed technical evidence. “This case has come down now.” he | said. “in my opinion, to this—com- mon, ordinary horse sense. And against that we are confronted with a lot of technicians and experts who, at so much a day, give us their opinion of things.” . Reilly told the jury he respected Col. Lindbergh: that he marched in the parade of welcome when the colo- nel returned from his fame-making flight to Paris; but he added: “Bruno Richard Hauptmann was never on those grounds.” He referred to the Lindbergh estate at Hopewell, N. J, from which the baby was stolen. Contradiction Seen. “Now.” Reilly said. “they would have you in one breath believe that this man Hauptmann was a master mind, that he planned this himself, and the next minute they would have vou believe that he was the worst fool in the world, that he was dumb, | that he didn’'t know anything; he would wear gloves making a ladder 5o his fingerprints wouldn't be left behind; and he would sit an hour and a half talking to Condon with his face exposed. In one, the careful master mind; in the other, the perfect fool. Now you cannot carry water on both shoulders.” Later, he said: “As we go through it you will see | that this case has been pieced to- gether as you would write a scenario, but it is not founded on honest fact. “The first thing you have got to de- cide when you go into your jury room is this: How in God’s name did Haupt- mann know anything about the Lind- bergh home. “I don't care about handwriting. I don’t care anything about wood, nor do I care about the ransom money, for which this man stands indicted in the Bronx and for which he has 1o stand trial there. Nor am I going to allow you to pull the chestnuts out of the fire for Bronx County and say, well, because he had the money he must be gufity of something, there- fore we will send him away for some- thing. State’s ‘ the “Stabbed in Back.” “Col. Lindbergh was stabbed in the back by the disloyalty of those who worked for him and despite the fact that he courageously believed that there was no disloyalty in the servants’ quarters, I say now that no one could get into that house unless the in- formation was supplied by those who worked for Col. Lindbergh.” “Col. Lindbergh may have all the confidence in the world he pleases in Betty Gow,” the defense attorney de- clared. “I have none.” “How do we know who Betty Gow talked to when she got the message 'Tuesday afternoon from Mrs. Lind- bergh, ‘Come over, the baby is not well’? But she never communicated with Hauptmann, so that I say nobody in God's world knew that baby was going to be there Tuesday night but this Gow girl.” He referred to the Lindbergh dog. “Who controlled that dog’s move- ments that night” he asked, and an- swered himself: “The butler. I don't care what sound, the sound of the wind or anything else, inherently and Copyright, A. P. Wirephoto. the ground as the ladder broke. It was then. he contended, the baby suf- fered a fractured skull which caused its death. 1 “We have proven to you conclusive- | ly.” he said, “that that fall caused the baby's death when it received the | fractured skull, which was of such | an extent that it caused instantaneous death.” i Later, he said: | “You can infer that that crash that | Col. Lindbergh heard was the crash- ing of that very ladder outside of the nursery window.” Col. Lindbergh testified he heard a noise which sounded like a falling crate. “You can infer that the defendant | in leaving the premises with the child, Tealizing that the baby was dead, yanked that garment off the baby and at that time that thumbguard was_dropped on the premises.” | “You can equally infer that after that little curly-headed baby's gar- | ment was yanked from the body and the thumbguard was dropped he (Hauptmann) hurried on to his car, but it was not until he found the | first safe and convenient place from the Lindbergh home that he went into the woods and there hurriedly scooped a grave and hurried on to the Bronx. And that is proof that the baby died | cn the premises because if the baby died elsewhere it wouldn't be buried so near the Lindbergh home.” The State had to prove the murder | was in Hunterdon County where! Hauptmann is on trial. The body was found in Mercer County. ! “I will say to you that Bruno Rich- ard Hauptmann who sits in this court room did all of these things.” To this Hauck added, “we have shown you by the evidence that Bruno Richard Hauptmann planned this crime a long time.” down the ladder with it and fell Io‘ Silent Witness. “But there {s more evidence,” the | prosecutor went on, “that spells out | to the very world ‘Hauptmann! Haupt- mann!""” He was talking about the ransom | notes, and he declared that the evi- | dence was conclusive that Haupt-| mann was the writer of every one of them. “There is another silent witness that shouts out, and that is that board that was taken from the closet of Bruno Hauptmann's home, a board on which is not only the address of Dr. (John F. ‘Jafsie’) Condon, but Dr. Condon’s original telephone num- ber, a board in the writing of Bruno Richard Hauptmann which under oath in the Bronx he said was his, a board that wasn't out where the whole world could see it, but was in the closet of Bruno Richard Haupt- mann’s home.” PROBERS TO CONFER ON COUNSEL CHOICE instinctively these dogs can smell a stranger on the grounds, and that dog mever even barked. I say the circum- stances point absolutely along a straight line of guilt toward that butler and the servants who were disloyal to Col. Lindbergh. “This nurse (Betty Gow), who went on the stand and blandly told you she loved that wonderful little baby, allowed herself to stay away from the baby from before 8 o'cock until 10 oclock at night. Do you believe that? Well, if she did, it was part of the disloyal plan by which that baby was taken out of that house.” Evidence Cited. Opening for the State, surrounded by nearly 400 mute exhibits and heard by the gray-faced, worried, de- fendant, Hauck told the jury: “The State of New Jersey con- tends that they have proven not only beyond a reasonable doubt, but con- clusively end overwhelmingly, that Bruno Richard Hauptmann is guilty Lawyer Familiar With District Crime Situation and Code May Be Named. The District Crime Investigating Committee of the House will hold & special conference late today to con- sider the selection of an attorney to assist with the inquiry. ‘The appointment is expected to be given a prominent Washington law- yer who is intimately familiar with the District code and the Police De- partment and who has a background on the gambling situation. In the meantime Chairman Ran- dolph made arrangements to provide the attorney with an office in the Old House Office Building not far from the Crime Committee’s head- quarters in room 431. Randolph originally planned to an- nounce the appointment of the attor- ney late Saturday, but it was held up of murder in the first degree, that|at request of one committee member. he is guilty of the murder of the| The committeee will resume hear- infant, Charles A. Lindbergh, jr.” ings tomorrow at 3 p.m., with In- He recited the details of the theory | spector Frank S. W. Burke, chief of which he declared the State proved, | detectives, on the witness stand. that Hauptmann entered the nursery | After him will come Leslie C. Gar- window of the Lindbergh home by nett, United States attorney for the means of a ladder, yanked the sleep- District, and several notorious gam- ing baby from its crib, started back blers who are to be subpoenaed. 4 ) Evide nce Points to Bruno, State Says in Summation Defendant Has Been Proved Guilty; Hauck Declares in Outlining Case Developed by Prosecution. (Continued From First Page.) only a short time later that baby's body was found near the Mount Rose road.” Hauck then stated the baby had been stolen forcibly. “yanked from that crib,” and referred to the mud prints in the nursery and the foot- print and ladder marks in the dirt under the nursery window. The ladder fitted into the marks. The paint beneath the window was marred and the broken ladder was found nearby. “All of these things” he declared, “definitely, conclusively and over- whelmingly prove that the baby was taken from its crib by this defendant.” Tells of Finding Of Body Nearby. The finding of the pody on Mount Rose Hill, 3 miles away, on May 12, 1932, came next, Hauck went on. The body was identified conclusively by Col. Lindbergh and Betty Gow, and little garments, still clinging to the | remains, were recognized. “The defense by its own statement,” he asserted, “does not contest the identification of that body.” The death, he recited, resulted from a skull fracture inflicted when the kid- naper and the child crashed from the breaking ladder to the ground. “We have shown,” Hauck said, “that not a single statement of the attorney general in his opening statement has not been proven by the evidence.” Hauck said the prosecution had proved that the blow which killed the child was administered in Hunterdon County and that death occurred in Hunterdon. He told swiftly of the flight with the slain baby, declaring the kidnaper was afraid to abandon the child on the Lindbergh estate because he did not want to be apprehended. “Scooped Out Little Grave.” Hauptmann fled, Hauck continued, until he came to “the first safe and concealed place away from the Lind- bergh estate. “There he hurriedly scooped out the little grave, then hurried off to the Bronx.” ‘The legal aspects of the case oc- cupied the boyish young prosecutor’s attention for a few minutes. “It is the contention of the State that Charles A. Lindbergh, jr, was murdered in the commission of a burglary,” he declared. He told the rapt jurors that the Lindbergh house had been subject to breaking and entering that night, and that a battery had been committed on the child. “What about the intent?” “We have proved there was intent to commit battery, when the baby was yanked from his crib. “We have proved the intent to steal, for he stole the baby’s sleeping gar- ment and he stole the baby. “Bruno Richard Hauptmann who sits in this very court room did all of this,” he shouted. “We have shown you,” he went on, “that Bruno Richard Hauptmann planned this crime for a year. The ransom note proved that. Accuses Defendant Of Watching Home. “The witnesses we presented told of the defendant watching the Lind- bergh estate before the crime was committed. “One witness watched him for four or five minutes. All of this was be- fore the crime was committed, ing that the defendant planned it.” The State had told of finding & ladder near the nursery window, Hauck continued. “There is that ladder,” he shouted, pointing to the exhibit. tails of the tracing of the ladder wood | by Arthur J. Koehler, wood expert, | to Hauptmann's attic. “That was one of the most remark- | able pieces of testimony,” Hauck said, | “I ever heard.” | Hauptmann, eyes blinking occasion- prosecutor and'then the jury. The | jury seemed to have eyes for no one | but Hauck. | “We showed you that this defend- ant had a plane” Hauck dsserted. “and that very plane was used to | plane the wood in the ladder.” He told of finding of the chisel on the estate and Koehler's testimony that a chisel of that type was used“in making the ladder. “Evidence Shouts | ‘Hauptmann,’” He Says. “That is not al:,” he said, pointing | his finger at Hauptmann. “More evi- dence shouts to the world, ‘Haupt- | mann,’ ‘Hauptmann,’ in this case.” The discourse turned to the hand- writing_testimony. Hauck dwelt at length on the similarity of all the ransom notes with Hauptmann's handwriting. “We have shown conclusively the writer of every one of the ransom notes was Bruno Richard Hauptmann,” he de- clared and reviewed the testimony of the eight State handwriting experts. Mrs. Hauptmann sat listening, her face showing no emotion. A note told of the sleeping gar- ment, Hauck continued. A ransom note offered to produce it. It was sent to Dr. Condon and Mrs. Lind- bergh identified it as the one she had purchased. Hauck told of the testimony of the old man, Amandus Hochmuth., who said he saw the man with the ladder in the car on the road to the Lind- bergh home. “He said, ‘Those eyes.'” Hauck next spoke of the testimony of a defense witness, Ben Lupica, who saw the kidnap ladder in a dark automobile on the Lindbergh estate on the kidnap night. There was a man in that car, Hauck said, and added: “He said that man resembled Bruno Richard Hauptmann, their witness.” Refers to Model Who “Saw” Brumo. He referred now to Hildegarde Alex- ander, the New York model, who saw Hauptmann allegedly shadowing Jafsie during the ransom negotiations. “That testimony,” he shouted, banging the jury rail, “has not been denied.” The board in Hauptmann’s closet was recalled next by the prosecutor, the board on which Dr. Condon’s telephone number and address were penciled. “Dr. Condon identified Haupt- mann,” Hauck declared, “as the man he talked to in the cemetery—the man he paid the $50,000 ransom to.” Condon, he said, was a sincere man willing to give his life to get the baby back alive. Col. Lindbergh provided another identification, he went on, in the voice of the ransom collector. and Col. Lindbergh identified that voice as the voice of Bruno Richard Hauptmann,” Hauek asserted, his voice rising. “As soon as Bruno Richard Haupt- mann received the $50,000, there were no more notes. “Furthermore, the baby was dead was dead when he took that ransom,” Hauck went on. “The story is like fiction,” Hauck ) ‘The prosecutor then recited the de- | ally, sat unmoved, watching first the | |BID TO LONG DENIED 3 No. 1—Attorney General David T. Wilentz (left) and County Prosecutor Anthony M. Hauck prepare their speeches to the jury in the Hauptmann trial. No. 2—The bell in the tower of the Hunterdon County Court House which will be tolled when the jury has reached a verdict. No. 3—Edward J. Reilly, chief of defense counsel, as he will ap- pear in summation for the de- fense. No. 4—Mannfried Hauptmann was intensely interested in the crowds that collected outside the jail yesterday as he visited his ratr;(er, who will learn his fatg this week. went on, describing the arrest of Hauptmann. Describes “Varying” Story on Money. ‘The detection through a ransom bill paid to a gasoline station attend- | ant, he added, was followed by Haupt- mann's varying story of how he came into possession of the money. “We have proved overwhelmingly and conclusively that this defendant had all the $50,000.” Hauck threw up his hands in a gesture and cried “Figures, figures, figures that don't lie,” as he recounted the testimony of the Federal financial expert orr Hauptmann's accounts. He had $50,000 which he could not account for. The very day that money was paid over, he resigned from his job, he became a gentleman of leisure, he became a stock broker. First arrested, Hauptmann said he had “100 more of those bills at home,” Hauck said. When more were found buried in the garage, the defendant said it was ransom money, but he told “the Pisch story.” As prosecutor of the State I have done my buty. Now you must do your duty.” He adjured them to weigh the evi- dence carefully, and return the proper verdict. In a determined voice he concluded: “We have shown beyond a reason- able doubt that Bruno Richard Haupt- mann is the murderer of Charles A. Lindbergh. jr. “Thank you” he said, and walked quickly back to the State table. Hauck ended his declaration and Justice Trenchard called a five-min- ute recess. The jury filed out to the retiring rooms and chattering broke out among the spectators. BY KANSAS DEMOCRATS By the Assoclated Press. TOPEKA, Kans, February 11. Huey Long is not to speak at the ban- quet of Kansas Democrats’ Washing- ton Day Club February 22, Kent Robison, the president, said last night in seeking to clear up a misunder- standing in the State Senate. “Senator Huey Long of Louisiana,” | Robison explained, “will not appear on any program given under the auspices of the club.” This statement followed Senate adoption last Friday of a resolution by Senator Charles E. Miller, Demo- crat, inviting Long to address the Senate February 22. The resolution stated Long had been invited to ad- dress another meeting in Topeka the same day. “Any appearance by Senator Long,” Robison said, “will be independent of the Washington Day Club, and this organization doesn’t know of any in- vitation having been extended him. FUNERAL RITES HELD FOR MRS. G. M. SHRIVER Special Dispatch to The Star. COLLEGE PARK, Md., February 11. —Funeral services for Mrs. Elizabeth Chism Shriver, wife of George M. Shriver, chairman of the board of re- gents of the University of Maryland and executive vice president of thz Baltimore & Ohio Railrcad, were held this morning. - The services, Rev. Dr. Roger A. Walker, rector of St. Mark’s Episcopal Church, Baltimore, officiating, were at the Shriver home, Pikesville, Md. Mrs. Shriver was a resident of Pikesville more than 40 years. She was outstanding in civic and church «“Hey doktor, the kidnaper had |, called in St. Raymond’s Cemetery, | EL: and this defendant knew the baby | Sadi affairs, Besides her husband, she is survived by two daughters, Mrs. William Grant and Miss Elizabeth M. Shrivel three sons, George M. Shriver, §i Charles M. Shriver, and Samuel H. Shriver, and two sisters, Miss Marga- ret E. Chism and Miss Sarah H. Chism. Deaths Reported. Orlando Learned. 92. Webster st. Jennie Berry, 85, 4112 5th ot Dorala J. Stewart. 72, Walter Reed Hos- pital Charles D. White, 72. 2812 Adams Mill rd. Leatha Blaine, 73, Providence Hospital. becca H. Johnsion. 71, 1006 Quebec st. G. McConchie, 65. 3815 5th st. n.w. Marshall, 64, 1519 Park rd. 3 E, Brennan. 62, George Washington al. Anile Sheehan. 60. Georgetown Hospital. Everett"Q. Martin. '50. Walter Reed Hos: al afred L., Giacomipl, 8. Garfleld Hospital. Edward Graver, 58, Episcopal Hospital. ‘Wagner, 51. Columbia Hospital. th G. Doyle. 48. the Montgomery Apts. Annie Hancock. 44, Gallinger Hospital. Lillian M. Mise. 38, Gallinger Hospital. Robert Brown. 7, 150 6 3 th st. s.W. Onristine Hi 21, Gallinger Hospital. Infant Rheta Lee (Bl Allen L. Loma: 82, 2 Mary E. Liverpool. 76, 1314 Morris rd_ s.. Belle B. Lockey. 62, Et. Elizabeth's Ho: ._Gallinger Hospital Emergency, Hos tal, “Becker. Children’s Hos- 04 M st. s.e. 14 st 3 ergency Hospital. . 23, Preedmen's Hospital Lucille Williams. o 35 3rd st. n Infant Clair Rive . |For Recovery of Ransom Bills Money Still Belongs Legally to Kidnap Defendant—Loaned to New Jersey by New York BY ANNE GORDON SUYDAM. Speclal Dispatch to Tho Star. FLEMINGTON, N. J., February 11. —The witness chair to which for six weeks have come men and women from tenement and mansion, from humble workshop and gilded office, from prison cell and sheltered home, from the house down the road and from far corners of the earth, is empty at last. The long procession of per- sons who have sat before us in grotesque unease or quiet dignity has come to an end, the hundreds of thousands of words spoken from that chair have flowed into the static silence of the court annals, and now, deprived of its mysterious power, it rests before us, a plain, varnished wooden armchair, which might be drawn up to.a kitchen table for a friendly cup of ccffee. But still it stands, with arms outstretched. The silent witnesses in this case! have been many and strange and sad. | In that same chair we have seen Dr. Condon holding the little empty sleeping suit in trembling hands, we have seen Betty Gow weep as she took from counsel’s fingers the thumb- guard which she had carefully tied about the dimpled wrist of a warm, clean baby as she put him to bed for his last night on earth. Experts With Bulging Cases. We have seen bespectacled experts with bulging brief cases of charts and diagrams as they sat for hour after hour demonstrating the dark potentialities of these matter-of-fact exhioits, and we have seen Arthur Koehler, wizard among good experts, as he held the tell-tale rail of the kidnap ladder in one hand the board from Hauptmann's attic in the other and explained to us with grave logic the similarties of the two. We have seen Stanley Seals, a young carpenter, leap from the witness chair to wield Hauptmann's plane upon a | piece of board placed on the judge's bench while the innocent shavings. reminiscent of the corkscrew curls of | our childhood, fell incongruously to the floor; and we have smiled to see William de Bisschop, pauchy little nurseryman, as he sat hopefully on the edge of the witness chair clutch- ing a bunch of pine needles in one | hand and a 12-foot sapling in the other, as a knight might clasp his banner, while he waited for a lengthy wrangle among the lawyers to end. We have seen Walter Lyle, gas sta- tion attendant, as he fingered remi- | niscently the fateful $10 gold certifi- | cate which led the avenging law to | Hauptmann's house, and we have | watched William Seery, Federal agent. as he identified the $14.600 of gold | certificates found in Hauptmann's | garage as the marked blood money paid for the safe return of a child whose price was beyond estimate, but | whom all the gold in the world could | not have recovered, since he had long | lain dead. in the damp March leaves. | We have seen—and. perhaps, will see | as long as we live—Bruno thhardi Hauptmann, as he sat in that chair and holding the ransome notes with untrembling hands as he gazed upon them with incrutable eyes, declare | emotionlessly that he had never seen | them before his arrest. i The small ghostly sleeping suit, | held tenderly aloft in the most callous | of hands, hapless innocent emblem of | a banished baby, and the dark un-| gainly ladder which casts its sinister shadow on the court-room wall, sym- | bol of stealth and cruel power, are two exhibits which are stamped in- delibly on our minds. Over the week end these silent wit- nesses played their part, as the law- | Commissioner. Col. Lindbergh, the Hauptmanns, or even the Fisch's, if they chose to take up Hauptmann’s claim about the money, may file an interpleacer suit in a civil court for its possession. | There is not much doubt who will get it. So will end the Odyssey of these bills which knocked about the coun- try for years before they were sud- denly selected to play their vital part in the Lindbergh case and to be| handed over a dark cemetery wall into | the hands of a kidnaper. They will go back to the United States Treasury, whose recall of all gold certificates led to the capture of Hauptmann, there presumably to be destroyed, and replaced by mnotes untainted by a baby's blood. The other 150 exhibits will be put away for safekeeping, where, no doubt, they 10 JURY QUTLINED Defense Submits List of Requests to Justice Trenchard. By the Associated g FLEMINGTON, N. J,, February 11, | —Bruno Richard Hauptmann’s coun= | sel have prepared 22 requests for in= clusion in the charge to the jury, At- torney Eghert Rosecrars said today. “I have drawn up 22 requests and have already turned tuem over to Justice Trenchard,” Rosecrans said. “Practically all of my requests con= cern the question of weight of expert testimony. Other defense attornevs are drawing up a few additional re- quests | Besides seeking to detract from the will gather dust through the years. | expert testimony, particularly in the I, for one, never want to see that handwriting phase of the case, Rose- ladder again. MOONEY S DENIED PLEA FOR REVIEW Supreme Court Says He Must Exhaust Rights in State. By the Assoclated Press. Thomas J. Mooney failed again te- day to obtain a Supreme Court re- view of his conviction for participat- ing in the 1916 San Francisco Pre- paredness day parade bombing. In recently refusing to pass on the conviction of the 51-year-old convict, the court said he had not exhausted all his rights in the State courts Another application for a review was filed in an effort, his attorneys said, to ascertain what “State remedies” exist. Claims Perjured Evidence. Mooney, who has been fighting for freedom for 18 years, said he was con- victed on perjured evidence after the death of 10 persons and the injury of 44 in the bombing. In asking the court to reconsider its recent refusal, his attorneys as- | serted the California Supreme Court repeatedly had held the State courts were without authority to reopen his case. They insisted California took the position his only remedy was through a pardon by the Governor This has been refused four times. Plea of Lawyers. As it was a matter of extreme doubt, they said, whether any relief could be obtained in the State cou:ts, they urged the high court not to force them again to resort to Ca:i- fornia courts. They insisted those courts already had pre-judged the case and had in- dicated extreme prejudice, thus pre- | cluding any possibility of an imper- tial judgment. for NEWSPAPER PUBLISHERS TO GATHER IN CHICAGO cuss Code Provisions, Television | crans said his requests concerned a ! few of the fundamental issues of law. “The State’s case Gepends largely on | the testimony of iis experts,” he said. “The State, with virtually unlimited | funds in contrast to our severely re- | stricted resources, has had a free hanc |in obtaining the best professionai talent available as witnesses.” Rosecrans said the requests inciuded several on “the State's failure to show that a burglary was committed, as | essential in proving this murder case “I have asked the court in take cognizance of the fact that there is no proof of burglary being rcmmitted in Hunterdon County, anc, in faet, anywhere. We are not satisfied on the basis of the evidence that u burglery was committed, that a person envered | yers went over them one by one to| A R check on their completeness so that | and Pictures by Wire. they might be available to the jury | By the Associated Press. for their last inspection. In those| CHICAGO,February 11.—Publishers last hours before the verdict is reach- of daily newspapers in the smaller ed, these exhibits great and small will | Midwest cities will gather here Feb- make their last appeal to the 12 men | ruary 19 and 20 to celebrate the golden and women who will pass judgment | anniversary convention of the Inland on Bruno Richard Hauptmann. Press Association. No doubt the four women who have Newspaper code provisions, speedy bundled their own babies up for bed | communication of news, television and will shed a few tears over the sleep- | the transcription of pictures by wire ing suit, as they think of their own | will be the principal topics of the children and grandchildren safely sleeping at home. No doubt Liscom Case, only carpenter on the jury, will examine minutely the boards and plane and photographic charts, and interpret them in simple language to his fellow jurors. No doubt these 12 people will lend every effort of con- science and concentration toward the dreadful decision which rests upon | them. It is strange to reflect that one | exhibit, the brown paper package containing the $14,600 ransom money, is the legal property of Hauptmann, and that even were he convicted of this crime. or of extortion, or of ob- taining money under false pretense, Col. Lindbergh will have to sue him or his estate to obtain those marked bills which all the world knows are his. According to the strange quirks of the law, any property found in a man’s possession is his, and therefore the present status of the money is simply that it was impounded by the police commissioner of New York and by a contract which took three weeks to frame, loaned to the State of New Jersey as evidence. Its personal cus- todian is Joseph Lanigan of the prose- cutor counsel, and he has spent many sleepless hours worrying about it. It reposes in a vault in Trenton, and every so often, under armed guard, it travels to the Flemington court house where it is displayed before the awed eyes of spectators. No Deubts on Money. Another alternative of its final dis- position, once it is returned to the New York police commissioner, is that To your health and appetite | forums. William Allen White, noted Emporia, Kans, publisher, will address the jubilee banquet Tuesday night. Elisha Hanson of Washington, counsel for the American Newspaper Publishers’ Association, will speak on problems | developing from the code. Rabbit Bites Dog. NASHVILLE, Tenn. (P).—A rabbit made the front pages today—it bit a | dog. The saying, “When a man bites | a dog it's news,” was not fully illus- | trated, since a bunny did the biting, | creature just the same. | at the Southern Rabbit Show when an airdale poked his nose too close | 10 a cage containing one of the Black | Dutch variety rabbits. but the dog in the case was a wiser | It occurred | the Lindbergh home by stealtin.” Other points in the requests deal with the statutory facis that & juror must be permitted to reach a conclu- sicn by himself; that the defendant is considered innocent until he is proved guilty; that there can be no conviction and there must be an acquittal where | there exists a reasonable doubt as to the defendant’s guilt; that the burden | of proof lies on the State, and that the | defendant is not required to prove | himself innocent. | TR CITY HEADS GIVE | VIEWS ON AIRPORT BEFORE HEARING (Continued Prom First Page) the relationship of Washington to the Federal Government creates a situa- tion which should relieve District tax- payers of some of the expenses of ordinary city government in connec- tion with projects like that of a local airport in which the Federal Govern- ment would be a major beneficiary. He said that from the standpoint of the average Washington citizen, there are many municipal projects more im- | portant than an airport and that un- less Congress “would be most liberal” the District could not afford a public air terminal at present. Favors Public Ownership. “I believe, however, in publicly- | owned terminals, whether for air, rail | or water transportation, which will be | available to ali on equal terms,” Sul- tan said. Maj. Carl Spatz, Army Air Corps. | reversing a previous opinion as to the | hazard involved in locating an airport | Inland Press Association to Dis-|at Gravelly Point, in close proximity | to Bolling Field and Washington Air- | Port, declared the situation could e handled without undue danger. “I believe the traffic situation could be worked out by proper control,” Maj. Spatz said. He said telephonic communications could be established which would make possible operating all three fields “with comparatively little haz- ard.” Gives Department View. The War Department, Maj. Spatz testified, wishes to point out that while officers realize there is an ele- ment of hazard involved in having airports so close together, they did not wish to object to the Gravelly Point location, and felt that if an airport is established there precautions must be taken to eliminate the danger. James E. Colliflower, president of ‘Lhe Merchants and Manufacturers’ | Association, testified in favor of the | Gravelly Point site. The committee received offers from representatives of real estate firms of six sites for air- ports in nearby Maryland and Vir- | ginia. —_— Tax Penalties Fixed. Germany has decreed that those who do not meet their taxes on the date they are due must pay the Reich ! an additional 2 per cent. ECONOMY SERVICE - 12¢ LB. 'givfsb finisgeé ato 7¢ eacg WEARING APPAREL AND FLAT WORK WASHED AND PRESSED ALREADY TO USE. AT LEAST FIFTY PER CENT OF BUNDLE MUST BE FLAT WORK. MINIMUM BUNDLE $1.00 LAUNDRY THAT EXCELS YALE LAUNDRY DRY CLEANERS 437 NEW YORK AVENUE. N. W. W\afiona{’ 2494 BRANCH STORES 2605 14TH STREET, N. W. 1768 COLUMBIA ROAD 2137 PENNA. AVE. N. W. 1833 17TH STREET.N. W.