Evening Star Newspaper, February 12, 1935, Page 4

WILENTZ ASSALS | BRUNO WITNESSES Asks Jury to Ignore Defense Efforts to Blame Servants. By the Assoclated Press. FLEMINGPON, N. J, February 12.—Attorney General David T. Wil- entz went before Bruno Richard Hauptmann's jury today to ask for the first death verdict he has ever requested. “You men and women who have been with us all these days have been patient,” were his first words as he turned to the jury. “If there is a clamor for the life of this man. as indicated by my de- lightful adversary, it comes not from you or me, but from the evidence,” Wilentz asserted, his voice low, a serious gaze fixed on the jurors. “If there is such a clamor from the American people, as my adversary says, the American people aren't swayed as easily as all that. There must be a good basis for it, but after all you are the judges,” he declared. He spoke quietly of his entrance into the case last October when Hauptmann was extradited to New Jersey. The more he had worked on the case, the further the trial pro- gressed, the more he said, was he convinced he was pursuing “a right- eous and proper course.” He referred to Reilly's admonition to the jury to “judge mot, lest ye be judged,” and said the defense chief kad overlooked the other biblical text, *and he that killeth any other man shall be put to death.” All Evidence Seen Accusing Bruno. His voice started rising. “For all these months since last Beptember nothing has come to the surface that indicates any other cul- prit but the defendant, Bruno Rich- Hauptmann,” he declared. very avenue of evidence,” he as- serted, “leads to the same door— Bruno Richard Hauptmann.” ‘Wilentz said he felt his responsibil- sty and had “lost more weight in this case than this defendant.” He declared he did not seek a task of prosecuting & man for murder, but circumstance precipitated him into the case. He recognized his duty and respon- sibility, he said, and could not be in- timated by the defense suggestion that years hence some one else might come forward and confess. The jury, he went on, was “serving this county, serving this State and serving the country.” “We ask you to do your duty,” he ou can’t compromise with murder or murderers.” “We ask for conviction of murder in the first degree.” A minute later Wilentz asserted: “Either this man is guilty or he is dnnocent. And if he is gullty you have got to convict him.” Reilly’s assertion, he said, that the jury must determine Hauptmann did the kidnaping alone was not the law. The law, Wilentz went on, would support Hauptmann’'s guilt, if there were many persons involved. Charges Defense Lawyers Believe Guilt. “Let the defense bring in the dead body of Violet Sharpe and lay it be- side him, let them bring in the grave of Isador Fisch, and still he would be guilty,” he asserted, his voice rising. He swung a gesture toward the de- fense table and leaned forward con- fidentially to the attentive jurors. “There is nobody at that table who doesn’t believe he is guilty. I don't care what they say,” he said. ‘The attorney general spoke again of Reilly’s reputed efforts to implant doubts in the minds of “one, only one, juror,” so that mercy would be rec- ommended. “He wants to raise a question which one of you cannot answer and thereby engender a doubt.” He glanced toward the pale Haupt- mann and gestured, “right there he sits, the man who can answer all the questions.” ‘There was acid in his voice. “He's cold. Yes, he's cold. But he'll be thawed out when he hears that switch,” he sneered. He turned next to the facts con- cerning the death of the child and denied as the defense charged that the State must prove the baby was killed in East Amwell (Hopewell) township. Such was not the case, he informed the jury. “Is he the fellow who went into that room and took that child? That’s all you have to decide” Wilentz shouted, thumping the table before the jury rail. The tense little attorney began the discussion of the evidence. The conception of such a crime, he #aid, was almost unbelievable, but it had occurred. Reviews Lindbergh Career From Flight. He reviewed the saga of Col. Lind- bergh, the flight to Paris, the mar- riage into the Morrow family and the birth of the child. “The most venomous snake would pass that child by. An American gangster wouldn't take that child,” Wi- lentz declared. “It had to be a fellow who had ice water in his veins. It had to be a fellow who thought he was bigger than Lindy, an ego maniac, a fellow who was secretive.” “It had to be a fellow who liked to see his name screaming across news- paper headlines.” Hauptmann sat motionless, staring at Wilentz during the caustic attack. “It had to be the type of man who in Germany when he burglarized chose the burgomaster and the leading citi- zens of his town,” he said. “There is something in the mental makeup of the man that when he did burglarize, he had to pick on some- one who was respected and prominent. “It would have to be a man who would forsake and disgrace his na- tion.” “Public Enemy No. 1 of the World.” «1t would have to be the type of a man who would forsake his own mother, and leave her alone,” he con- tinued. “It would have to be the type of man who would hold up women wheeling baby carriages in Germany.” He paused momentarily and then shouted: “The police of New York and New Jersey and the Federal police have at last found this—this animal.” He flung his arm toward the de- fendant. “This animal,” he shouted, “pub- lic enemy No. 1 of this world, Bruno Richard Hauptmann. “We've ;Immd him and he’s here for your judgment.” Hauptmann blinked and flushed. ]it in May, 1932, and reported on it in Upper left: Keith Barrowcliff, undersheriff, shows how he will ring the bell in the belfry of the Flemington, N. J., Court House when the Hauptmann jury reaches a verdict. Upper right: Members of the jury as they prepared to take their seats for the final summations. Lower right: Hauptmann leaving court after hearing his counsel, Edward J. Reilly, sum up for the defense. P. and Wide World Photos. “Chief counsel for the defense says | our case is too perfect,” he went on. | “How do they attack our case? They | attack the integrity of men of repu- | tation, some 60 and 70 years of age, sworn to do their duty.” | If “the State is not on the level.” | ‘Wilentz shouted, “the entire prosecu- tion staff, ‘Tony’ Hauck and Judge | Large, are tarred with the same stick.” | He was referring to the two Flem- ington men on the prosecution staff— County Prosecutor Anthony M. Hauck, jr., and former Judge George | K. Large. Uses Police Head In Demonstration. Wilentz asked Coi. Schwarzkopf to stand. The head of the State police stood, while Wilentz asked if he looked like & ‘“crook.” Schwarzkopf had pursued many | leads in the crime before he brought the evidence in against Hauptmann, ‘Wilentz said. Inspector Henry D. Bruckmann of the Bronx police stood up next. “An honorable man,” said Wilentz, ridiculing the suggestion of Reilly yes- terday that Bruckmann had planted the handwriting on the closet panel of Hauptmann’s home. He was defending the police, who Reilly had charged with “bungling” and “framing” the case against Hauptmann. Reading from the transcript of the extradition proceedings and Haupt- mann’s examination in the Bronx, ‘Wilentz told the jury that Hauptmann had acknowledged at those times he wrote the Jafsie address and phone numbers on the closet board. Banging the table, he emphasized the defendant had recanted all this when he took the stand here. “Unfortunately, men are permitted, with the protection of the courts, un- | der our system, to assassinate men of good character,” the attorney general declared. “Why, there are more crooks among the lawyers than the police. In-| spector Bruckmann is no crook.” Assails Defense For Insinuations. Willam E. Frank, Federal agent who traced Hauptmann's stock and banking transactions, stood next while Wilentz inquired if he did not appear to be a man of honor. The State police photographer, Corp. George G. Wilton, Wilentz went on, was assailed by the defense with the implication that he had put nail holes in the kidnap ladder rail and taken pictures “within the past 48 hours.” The ladder, night after night, Wilentz declared, had been locked in the county clerk’s safe and Wilton had no access to it. Bitterly he charged the defense thoughtfully overlooked the testimony of Harold S. Betts, the United States forestry official, who found four nail holes in the ladder when he examined June, 1932. He referred scornfully to the defense slurs that the State witnesses had ulte- rior motives in testifying, whereas the defense witnesses were prompted by justice alone. “Of course, these defense witnesses were prompted by the defense radio broadcasts,” he declared. “The State of New Jersey could not reduce itself to that level,” he cried. “There have been no radio broadcasts betore the trial, no broadcasts during the trial, and I tell you there will be none after the f-ial.” Recalls Activi Of State Expc. He spoke of Arthur J. Koehler, the State's wood expert, who Rellly said was looking for advancement. “He must have been looking for ad- vancement,” Wilentz snorted. “He must have been looking for ad- vancement. He, who went up and down the country tracing lumber, tracing it finally to the Bronx.” Wilentz turned to Gen. John F. O'Ryan, former police commissioner of New York, who the defense charged had resigned “for a reason.” “We had to bring Gen. O'Ryan here after Hauptmann testified he told him that he had more money after his ar- rest,” Wilentz explained. The advocate spoke of Albert 8. Os- born, the first State handwriting ex- “A man 80 years old,” he “and they want to drag him down in the gutter beside Hauptmann.” THE EVENING STAR, WASHINGTON, D. o C., Jury Prepares to Render Its Verdict He cited the production of hand- writing experts for the State from | widely separated parts of the country to examine the ransom note hand- writing. “From San Prancisco. from Wash- ington,” he asserted, “from the Fed- eral Government, they came and all | said ‘Hauptmann, Hauptmann.' " Thinks Defense “Has Lots of Money.” Wilentz attacked the defense plea of lack of money. “I think they've got lots of money,” he shouted. ‘“Money from cranks, fools, all over the country.” Reilly, he declared, had a reputation of representing more criminals than any other lawyer in New York. The defense had money to bring witnesses from East St. Louis and from New England, Wilentz pointed out. He turned to the implications of guilt against “Red” Johnson. “‘Red’ Johnson had the unfortu- nate experience of being fond of Betty Gow, who had the unfortunate ex- perience of finding it necessary to earn a livelihood, and so it happens she worked in the Lindbergh home. “And so ‘Red’ Johnson, because he knew her, and because he talked to her on the telephone the day of the crime, or the day before the crime, was apprehended.” Johnson had gone back to Europe, he pointed out, only after a thorough investigation of his bank accounts, his family and activities. Red Johnson, sald Wilentz, had long since been exonerated of any con- nection with the case. “No one accuses Red Johnson of anything in this case. except defense counsel, and that means nothing,” he said. Referring to the defense criticism that he spent State funds to bring to this country Fisch’s relatives and the nurse who attended him on his last {liness, Wilentz said it was not neces- sary to bring them to this country, but he wished to have them ready to meet any defense attack. Feared Defense Would Claim Confession. “If I did not bring over that nurse I knew one of those ex-convicts, one of those idiots would pop up on the witness stand and say Isador Eisch confessed the Lindbergh kidnaping on his death bed,” he declared. * Speaking in confidential tone, sit- ting on the edge of the table, Wilentz said: “So 1 brought the nurse at no great expense, to meet any charge of a deathbed confession.” Miss Hanna Pisch was put on the stand, he said, just to show what Fisch’s family was like, Betty Gow, he sald, swinging the discussion to the baby’s nurse, had been brought at the State's expense from Scotland—"a $12-a-week maid.” After her arrival in this country, he went on, all talk of her guilt ceased. The defendant, he pointed out, de- clared his innocence, but resisted re- moval to New Jersey for trial. “Compare that with Betty Gow,” he urged. Col. Lindbergh and Mrs. Morrow had not been “entirely spared” by Reilly, Wilentz went on. “He didn't call them liars,” Wilentz :lktm‘:yut he said they might be mis- ‘Wilents urged the jurors not to be- lieve the defense “Bokum.” “Just because a man comes in here with a mask of sincerity, and has a reputation .as a big lawyer, you don't have to believe him,” he stated. Swinging back to Violet Sharpe, ‘Wilentz said that not only Mrs. Mor- row, but four other witnesses spoke of being with Violet Sharpe on the kid- nap night, when defense witnesses said she was in New York. Cemetery Footprint Offered Defense. “But they were wrong, too. But they weren't ex-convicts, no idiots, no lunatics,” he said sneeringly. He spoke scathingly of another fea- ture of the defense case. “Every woman who came here to this court has been charged with seek- ing a movie contract,” he charged. The unexplained footprint in St. Raymond’s Cemetery was discussed | next. “We had it,” the attorney general declared, “ready for production any time the defense wanted it.” ‘The phonograph record was avail- able, too, he said, but had not been re- quested by the defense. Wilentz began to recite conversa- tions from the record and Reilly jumped up, protesting that nothing was in evidence to support such a dis- cussion. Justice Trenchard permitted Wilentz to go on, saying he found nothing improper in the summation. The State, Wilentz explained, didn't produce the footprint because it had been discovered four days after the ransom payment. ‘The record reviewed the story of the kidnaping, Wilents declared, and the defense did not want it. Wilentz spcke of his own appear- ance in the case. Col. Lindbergh, he sald, could have had the best prose- cutor in the country, but he chose to follow the ordinary course of law and order. The fiyer allowed the State to use the men and facilities at its command, Wilentz said. Commends Flyer For Restraint. He spoke fc ''ngly of the quiet way Lindbergh h: sat throughout the trial so close to Hauptmann. “I don’t know if I could have done that. If it were my child, I dont think he would ever live to face a Jury,” he said: Returning to defense charges, : ‘Wilentz observed ironically, “they say | every suspect in this case should have | been checked.” The servants of the Lindberghs and | their relatives had been checked from | the time of the kidnaping to the day of the trial for any possible connec- tion with the crime, he said. | Dr, John F. Condon and his family, 100, had been watched, Wilentz con- tinued. The Federal Government had spent large sums in such surveillance and not a single implication of com- | plicity had been disclosed. “The defense asks where is the box |in which the ransom money was given to the collector?” Wilentz went on. “Ask Hauptmann.” | Refers to Testimony | On Bruno Injury. “If there is anything else counsel would like to know I refer them to the gentleman sitting over there, Mr. Hauptmann,” he remarked. Next he went into the testimony of Hauptmann’s neighbor, Mrs. Achen- bach, who told how Hauptmann had & lmp the day after the kidnaping. Then he commented on the defense incredulousness that a man with an injured ankle could jump from a nine- foot cemetery wall during the ransom negotiations. “But that,” he reminded them, “was 10 or 11 days later. And Hauptmann m;x'e so badly hurt that he couldn’t He called their attention to the cemetery fence-scaling episode. “It would take an athletic gentleman like Mr. Hauptmann, and not a con- sumptive like Isador Fisch.” The defense had inquired, he went on, why Col. Lindbergh didn't tear the ransom collector “limb from limb.” “Col. Lindbergh wanted his baby back,” Wilentz explained. “Then he wanted the kidnaper apprehended by the police. I'm sorry we didn’t pro- ceed as the defense wanted us to.” The defense had demanded why every mail box in New York was not guarded when the ransom letters be- gan to appear in the mail. Wilentz said the idea was consid- ered, but abandoned on Lindbergh’s request. Servants Trusted, He Declares. “Every Government agent,” he argued, “every police officer, every The Night Final Edition on White Paper The use of pink paper has been discontinued in the Night Final Edition of The Evening Star and hereafter the front page of this edition will be printed on White paper. RED STARS A row of Red Stars is margin of the front page to i frlneed down the ‘right-hand entify the Night Edition. Call Natlonal 5000 and order the “Night Final” de- livered reglluly to your home, and delivery will start immediately. TUESDAY, FEBRUARY 12, 1935. scintilla of evidence pointed to Haupt- mann, “We might like to bring in Violet Sharpe as an accomplice, but nothing pointed to that dead girl.” There had been plenty of oppor- tunity, he reasoned, while the child was in Englewood, and Col. and Mrs. Lindbergh were on flights, for either Betty Gow or Violet Sharpe to aid in s P ‘Don’t get the feeling,” he urged, “that either one of these girls anything to do with it. There is no such evidence and you would never forgive yourselves.” The Lindbergh butler, Ollie Whate- ley, too, he went on, had been brought into the case by the defense. There was nothing to connect the dead servant with the crime, he asserted, but “Mrs. Whateley had to be crushed with the others.” “Not one single dollar,” he pro- claimed, rapping lightly on the table, “has ever been traced to any one connected with the Lindbergh or Morrow household.” He told the jury vigorously that every person had been investigated and vindicated, and that the Lind- berghs and Morrows believed in the honesty of the servants. “No chisel of Betty Gow was found on the estate,” he said. “No ransom note in her handwrit- ing or that of any other servant was found in the nursery. No, it was Hauptmann. “No ransom money was found in their garages.” Objects to Jury Meditating About Servants. Wilentz, as the time for a recess arrived, summed up the attack on the servants and declared: “We protest and object to the jury | & meditating for one minute about these people. There’s no evidence against them for you to consider but if you do, remember it doesn’t change the guilt of Hauptmann.” Justice Trenchard called the recess upon Wilentz's suggestion. Court reconvened at 11:39 am. Despite a morning of vitriolic attack on his innocence, Hauptmann, at the recess, talked cheerfully to his wife. Anna. The German couple, leaning toward each other, chatted animatedly throughout the interruption of Wil- entz’ summation. Wilentz walked quietly over to the jury box when -court resumed and apologized for the way he was tres- passing on their patience before he resumed his summation. “Let me suggest to you this point that the State does not have to prove every fact that it alleges. Thats a joke. Just because we allege one fact, we don't have to prove every fact to convict this man,” he said. “The taking of a life,” the attorney general went on, “has always been considered the most serious crime, but it would sink into significance if this man were acquitted and allowed to roam the streets again, making women in their homes shudder again.” The kidnaping of the Lindbergh baby was unimportant, Wilentz de- clared, in comparison to the possibil- ity of the freeing of Hauptmann, Wilentz leaned over the table. Will Convince Jury Hauptmann Was in Nursery. “Counsel says we've got to place Hauptmann in that nursery,” he said. “Sure, we have to place him in that room, and when I get through re- enacting this crime you'll be con- vinced that he was in that room. “We don't have to prove it by some one who sat there and watched him, we don't need a moving picture of it.” “The defense has asked how Haupt- mann could have found his way through that dark room. “What do they expect us to do? Show he had a dress rehearsal. “An experienced burglar like Haupt- mann didn't need any rehearsal. He had an elaborate education in Ger- many.” If Hauptmann's criminel record had been available in this country, Wilentz declared, the alien would have been arrested for the crime in six months. “Germany,” he said, “will never for- give him for the disgrace he has brought upon his nation. “But he is no more representative of Germany than the Italian who as- sassinated Mayor Anton Cermak of Chicago was representative of Italy.” “Here's where the American people were up against something in this gentleman,’ the attack continued “The spelling of ‘ouer, the di- mensions of the box. They knew it was a German and probably a car- penter. They knew it was a clever criminal, but there was nothing in the records. Even his sister in Cali- fornia didn’t know where he was.” Wilentz Says Child ‘Was Crushed to Death in Room. the child didn't cry. “He crushed that child right in that room into insensibility. That's why there was no outcry,” he said “Life meant nothing to him.” “Public enemy No 1 of the world,” Wilentz shouted, his words choking in his throat. [ Wilentz ridiculed the defense theory that the beer stein in the window re- cess would have been disturbed by the kidnaper. He produced the suit case on which the criminal was supposed to have stepped coming in the nursery window. The defense suggested it would have been crushed by his foot. Wilentz dropped the case to the floor before the jury box and stood on it. “Crush it?” he asked. “I weigh 160 pounds.” He stood on the case as he talked. “Now there has been a lot of talk about the bungling of the State police. | They're human. They're ordinary be- ings,” he said. “Supposing there was bungling. If there was it was so before Haupt- mann’s arrest. This bungling doesn’t affect him.” SPECIALS WEDNESDAY,.FEBRUARY 13TH PLURE CANDIES Rum and Butter Kisses 40¢ Value—iall pound 1T¢ Pineapple Fresh Cocoanut Kisses 40¢ Value—sull pownd 1T¢ Chocolate Italian Creams 40¢ Value—suil pound 19¢ Woodland Brittle 40¢ Value—sall pound 19¢ Home Made Maple Nut Cake 40¢ Vatoe 19¢ *AT THE FOUNTAINS :’n_‘;'So:pm Sn:i:n‘f”‘ 15¢ Pinespple Sundu"’“ 5 10 ¢ CikesndlceCream 90, Cup of Caffee FREB with every 20¢ parchase 1107 F St. N.W. 3102 14th St. N, 3118 M St. N.W. 800 7th St. N.W. 1103 H St. N.E. Wilentz gave an explanation of why | He flailed his arms and shouted. “The whole world hasn't turned crooked because of Hauptmann. ““That defense table hasn't got a monopoly on honesty and truth. Not by & long shot.” “All this bungling they talk of— that doesn’t relieve the defendant, who 1s guilty of murder. “He can't walk out of this court room a free man because some one didn’t do his job as well as some ex- from New York would have done. “This bungling, it is something ‘which has nothing at all to do with his guilt.” Col. Lindbergh, he asserted, had told the defense cross-examiners that he thought the State had a good police force, a refutation of the charge of “bungling” in the case. “The defense says Dr. Condon was always alone,” the prosecutor went on, turning to the implicetions of Reilly's summation that the ransom inf was involved in tne crime. Murderers and kidnapers don’t deal with intermediaries in public, Wilentz reasoned. ‘The kidnaper picked two cemeteries on opposite sides of his home to deal alone with Dr. Condon, he asserted. “That’s why Dr. Condon was alone,” he declared. Hauptmann wore no mask in these trysts, confident that the worst that could happen, Wilentz asserted, was arrest for taking the money from Dr. Condon. He sought to refute the defense at- tack that the State in one breath charged that Hauptmann was clever and the next “a fool.” Hauptmann, he reasoned further, had no fear of anything but a jail term. “Why, he broke out of jails,” Wilentz outed. “If we didn’t have anything else in this case, if we had no one else but Condon to come here and point to him and say, ‘There is the fellow I gave the money,’ that's all you would need.” “That's all you would need,” he re- | peated, “to convict this defendant of first-degree murder.” Does Not Know ‘Where Other Guard Is. ‘The sttorney general referred next to the defense questicn as to what happened to the second thumbguard the baby wore on the kidnap night. “Unfortunately,” he said, “T cannot make answer. I do not know where it is. “But that gentleman over there be- tween the guards, he can tell you where it is. He knows.” The testimony of the taxi driver, Joseph Perrone, who carried a ransom note to Condon, was attacked by the defense as “trash,” Wilentz recalled. Perrone’s description of the man who handed him the note was given to the police, he pointed out, long before Hauptmann's arrest. “Muddy-blond hair. About 5 feet 9. Muscular-athletic,” Wilentz recited Perrone’s description to show a sim- {larity to Hauptmann. “The defense hasn't yet found out what this case is all about,” he said, thumping the table. He was caustic as he spoke of Reilly's charges that the Treasury agents in the case testified because they became interested in the case at the start. ‘Their original interest, Reilly charged, was because they thought United States Senator Dwight W. Mor- row would be President some day and reward them. “Why,” shouted the attorney gen- eral, “Senator Morrow died in Octo- ber, 1931, months before the kid- naping. ‘That's typical of their case.” Gun Hill road, where Perrone re- ceived the note, Wilentz went on, seeking to dispel the defense ridicule of the taxi driver's story, was not “Broadway and Forty-second street,” but 1t was a lonely spot where no cabs passed. “I think,” said Wilentz, “that when defense counsel talked to Col, Lind- | bergh at the end of his summation yesterday it was an apology.” Wilentz referred to Relily’s implica- tion that Col. Lindbergh’s hearing had been impaired by the roar of airplane motofs. | Wilentz told how Lindbergh was tense and listening at the cemetery when he heard Hauptmann'’s voice. “The trip across the ocean meant nothing to him. It was insignificant,” he said. | . “This was the greatest moment in hlill(e. He was to get his baby back.” My God, did you ever come into your home and find your child miss- ing? How frantic you get in 20 min- utes, two hours—and the Lindberghs’ baby was gone for weeks,” he cone tinued. “He was going to find out where his baby was—Anne’s baby. “He was sitting there in the still- ness of the night and then he heard that voice. “‘Hey," doktor. “God, could you ever forget that voice, could Lindbergh ever forget it? *‘Hey, doktor,’” Wilentz went on, “how many times do you think Col. Lindbergh heard that voice in his sleep. “Lindy, whose child was involved. Lindy, whose heart was crushed. Lindy, who waited there for his child. And Mr. Reilly says he didn't hear it.” Resents Reilly’s | Attack on Dr. Mitchell, | Wilentz came to the autopsy by Dr. Charles H. Mitchell, which held the child died of a skull fracture. He spoke of Reilly’s attack on Dr. Mitchell. “Why, I wish Justice Trenchard was |on the jury,” he asserted. “Every- body in Trenton knows Dr. Mitchell.” His voice rising, Wilentz deplored the “insinuations” in Reilly's attack on the medical examiner. “You know and I know that the | child died—that it was murdered.” He went on. “Let's get back to common sense.” | “Counsel wants to know all about the money,’ Wilentz began. He spoke of the Hauptmann alibi that Fisch gave him a shoe box with the ransom money and also thous- ! ands of dollars for his brokerage ac- | count. | “Not a living soul has testified,” he shouted, “that they saw Fisch give iflnuptmann as much as 2 cents.” | “Hauptmann's wife never saw him give Hauptmann a dollar,” he con- tinued. ‘ “His friend, Kloppenburg, never saw | Fisch give him a collar. His broker | never saw him give him a dollar.’ Wilentz assailed Reilly’s theory that $35,000 of the ranscm money was still |in a safety deposit box somewhere | “Opinfon of counsel has never yet | been substituted for testimony,” Wi- | lentz declared. Wilentz pointed to the testimony that Hauptmann never met Fisch until July or August and then to Haupt- | mann’s sworn statement that he “must | have” met Fisch in April and May. | “Why did_he step back that way?” demanded Wilentz. “Why, because he made deposits in his brokerage and bank accounts in April, in May and in June after the | ransom money payment and he had | to blame it on Fisch. He had to say | he knew Fisch then so he could say Fisch gave him that money.” Wilentz declared $49,900 had been traced to Hauptmann and Lis busi- ness_transactions “To me that $15,000 found in his | garage would be enough,” Wilcr.tz as- serted. “And it should be enough for you ladies and gentlemen.” Justice Trenchard called the moon recess at 12:30 p.m. ‘The court was even more crowded for the afternoon session. Haupt- (Continued on Page 7, Column 1.) | Imperative Clearance! All Richard Prince Suits and Overcoats Reduced from $35 and $40 1o Suits and Reduced from $50, 24 Richard Prince are the clothes with the custom-like design and tailoring—with plenty of fine worsteds among the Suits, and warm ulster-type Overcoats. 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